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Makahanaloa Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, p. 175-176
Petition read as follows
Honolulu, April 26th 1873
(Copy) R.A. Lyman, Esquire, Commissioner of Boundaries for Hawaii &c &c., Hilo
Dear Sir: Your letter of 14th instant was received this morning and in answer to your suggestion about settlement of the boundaries of His Majesty's lands in Hilo and Puna, I now apply in his behalf to you to settle and defined the boundaries of the following named lands, viz.
Makahanaloa and Pepekeo in Hilo. They are bounded on the North by Kaupakuea belonging to Afong & Achuck and Hakalau belonging to W.L. Green, on the South by Piihonua belonging to the Crown, Papaiko [Papaikou] belonging to D.H. Hitchcock, E.G. Hitchcock & C.A. Castle; Onomea belonging to S.L. Austin; Kawainui belonging to the Hawaiian Government. [page 176]; Mauka by Humuula belonging to the Crown and makai by the sea.
Keaau in Hilo and Puna. This land is bounded on the east by Waiakea and Olaa, belonging to the Crown, on the west and mauka by Waikahekahe, belonging to Kaea wahine, and Kahaualea, belonging to the King and makai by the sea.
Keahialaka in Puna, Hawaii. This land is bounded on the North by Kapoho belonging to C. Kanaina, and Pohoiki, belonging to the Government, on the South by Malawa and Kaukulau, belonging to the Government and makai by the sea.
Honuapu, Kau, Hawaii, This land is bounded on the North by Kionaa belonging to the Government, and on the South by Kioloku, also belonging to the Government and makai by the sea.
Pakiniiki in Kau, Hawaii. This land is bounded on the West by Pakini nui belonging to Estate of M. Kekuanaoa, on the east by Keaa, belonging to the Government and by Kainaoa, belonging to R. Keelikolani, and makai by the sea.
Maps and notes of survey of each of these five lands, are enclosed herewith.
If any of my descriptions of adjoining lands or ownership are incorrect, please correct them.
If you should not have time to give the necessary notices, according to law, so as to have the settlement attended to while Mr. Judd is with you, you will please employ some suitable person to attend and protect the rights of His Majesty. Of course, all must be done according to law, so that it will stand forever.
Very truly Yours,
C.R. Bishop, Acting for the King
Makahanaloa Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, pps 182-190
The Ahupuaa of Makahanaloa, District of Hilo, Island of Hawaii, 3d Judicial Circuit
At the Office of the Boundary Commissioner in Hilo
On this third day of June A.D. 1873 by adjournment from the 2nd instant, the application of boundaries of Makahanaloa and Pepekeo came on to be heard before the Commissioner of Boundaries for the 3rd Judicial Circuit, after due notice of the hearing having been given in the Hawaiian Gazette of May 7, 1873 and the Kuokoa of May 1873, for the 2nd instant and notice personally served on owners of adjoining lands as far as known.
Present: G.W. Akao, Hapai for Honorable C.R. Bishop; W.P. Ragsdale for Crown Commissioner; J.H. Nawahi for Hawaiian Government; D.H. Hitchcock for self. Surveys of Onomea and Hakalau filed.
For Petition see Folio 175
Testimony
Kahulanui, kane, sworn, I am a kamaaina of Kaupakuea, was born on that land during Kamehameha I reign; was formerly a canoe builder and used to go up in the woods. I know the place where Kaupakuea joins Makahanaloa. It is called Nahuina on Kahawai of Aliia; the boundary between Kahua and Makahanaloa follows up the kahawai of Aliia to Nahuina junction of Kaupakuea; there the boundary leaves the kahawai and runs up the old road; crosses the gulch Nahuina and thence runs up the pali to Kaekuapuaa, on the hill of Uku where they used to let canoes down; thence mauka along road to pali Kapoohoohua on Uku hill; thence down along the road; Makahanaloa mauka and Kaupakuea makai, down to the foot of the hill to Mahiakala, old kauhale; Kalawai was on Makahanaloa and Kaupakuea toward Hilo; thence turn mauka and up to kahawai Waiaka, Makahanaloa on this side, Kaupakuea on the other side; thence up the gulch, which belongs to Makahanaloa, mauka to Puhimoku, here [page 183] Honomu road comes in, at the end of Kaupakuea, and Honomu joins the road on Makahanaloa, runs up between this gulch and Waiama; thence the boundary runs mauka along Waihaka gulch to Keopuewa.
This is as far as I have been shown boundaries. Have been told by my parents that the boundary runs up the gulch Waihaka to Kaleilehua; thence to Kahoolana, a place on Waiama gulch; follow said gulch to end thence up along Waiama gulch to Kapuulepo; thence to Kawaiulaula, end of Honomu; thence along Waiama gulch Hakalau on one side and Makahanaloa on the other side to Kaukoa (end of tall koa trees); thence to Kapuuakala where Makahanaloa is cut off by Humuula.
The mamani grows on Humuula, the water is called Kapuuakala. I have been up the road on Makahanaloa with John Pilot and saw a place called Kapuakala; this was before the land was surveyed. Kamanu kane and Kapoumooakea kane were his kamaainas. Kamanu was an old bird catcher from Kaiwiki near Wailea, and lived on Kahua. Kupouli was a Hakalau man; my Father was a canoe maker.
Cross-examined
Kapuakala is not entirely through the woods, but is above the koa trees. There are a few scattering mamani below the appendage of koa. The place called Kapahu is some[distance from?] Waikoloa, on the mauka boundary of Hakalau.
Wahamu, kane, sworn, I belong to Makahanaloa and Pepekeo, and now live on Kawainui. Was born at Makahanaloa before the first missionaries arrived. My Father was a bird catcher and used to go up on these two lands to catch birds. The boundary on the North side is at kahawai o Ohia; thence; thence up the kahawai, and into the woods, to a short distance below a place called Nahuina, which is the end of Kahua; thence along Kaupakuea along the old road to Uku hill; thence the boundary runs over the side of said hill 3/4 of it belonging to Makahanaloa and down to Waihaka kahawai (branch of the Waiama); thence along said gulch to makai of Kaholopohaku; thence follow up Honomu road, Honomu [page 184] joins Makahanaloa, where Waihaka gulch ends; thence follow up the road. I do not know where Honomu ends. Laa, kane, Father of Hanauna went up mauka with me; he was a Humuula man; We went up the road and camped where they were killing bullock on the mountain. While we were on the mountain we came to a gulch which he said was Kolekole gulch, and the boundary between Makahanaloa and Hakalau. Found bird catchers catching mamo. We went up the hill Puuwai, on Hakalau, in the woods, went to Kanepuu on Hakalau. ....
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.... f Seven thousand six hundred Acres, as surveyed by H.M. Lyman, A.D. 1852
Pepekeo is an ili of Makahanaloa, and included in the survey of Makahanaloa.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit.
Costs in full 3 days hearing 30.-; 1 day looking at boundary 10.-; recording 44 folio testimony 11.-; Certificate 2.-; stamp 1.p
Description certificate 6 folio 3.-; Traveling expenses 2.-;
54.- + 5.-; 59.-; Paid May 27, 1874
Makahanaloa Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume D, No. 5, pps 646-649
In the Matter of the Boundaries of Makahanaloa, District of Hilo, Island of Hawaii
The Boundary Commission met in the Office of the Commissioner of Boundaries, December 10, 1903, at 9 a.m. according to Notice published in the Hilo Tribune, and Ku Okoa, for a hearing November 7, and a continuance to November 14, and to December 10, 1903.
Notices of the application and hearing, and continuances having been sent by mail, by the Commissioner of Boundaries to each of the owners of adjoining lands; namely; The commissioner of Public Lands, for Kulaimanu, Kawainui, Humuula, Honomu, and Kaupakuea.
Onomea sugar Company for Papaikou
And Hakalau Sugar company for Hakalau.
E.D. Baldwin, the Hilo Land Surveyor for the Territory appeared for J.W. Pratt, the newly appointed Commissioner of Public Lands, and filed a "Plea in Bar and Answer," signed and sworn to by J.W. Pratt, Commissioner of Public Lands, December 8, 1903, and copy of Certificate of Boundaries No. 36, for the Land of Makahanaloa, Hilo, Hawaii, issued May 19, 1874, by R.A. Lyman, Commissioner of Boundaries 3d Judicial Circuit. That a new Certificate cannot now be issued, it having already been settled and decided by the Commissioner of Boundaries.
Continued until December 28, 1903
F.S. Lyman, Commissioner of Boundaries
The Boundary Commission met at the Boundary Commission Office, December 28, 1903, continued from the 10th instant.
Present: A.B. Loebenstein, for applicants; H. Deacon, Manager of Pepeekeo Sugar Plantation; H. Patten, for Hakalau Sugar Co.; S. Kailimai, and others.
The application of the Pepeekeo Sugar company, filed August 27, 1903, asking for a hearing of testimony and issuance of a new and amended Certificate of Boundaries, for the land of Makahanaloa, District of Hilo, island of Hawaii, owned by them, read in court.
The Plea in bar and answer, of the Commissioner of Public Lands, on file, was also read; namely;
[page 647]
(application)
Hilo, Hawaii, August 27, 1903
Honorable F.S. Lyman, Commissioner of Boundaries 3 & 4th Judicial Circuit, Island Hawaii
Sir:
Representing the owners of the Ahupuaa of Makahanaloa, in the District of Hilo, Island of Hawaii, I have the honor to request you to set a day for the taking of testimony and the issuance of a new and amended Certificate of Boundaries of the said land, to conform with the boundary Certificates of adjacent lands, correcting and amending such portions of the original Certificate issued for this land as may be necessary in the premises.
On compliance with the statute I have hereunto annexed a schedule of adjacent lands with the names of their respective owners as far as known to me.
Very Respectfully yours,
A.B. Loebenstein, Attorney for Pepeekeo Sugar Co.
Owners, land Makahanaloa
Schedule
Kulaimanu - Territory Hawaii
Kawainui - Territory Hawaii
Humuula - Territory Hawaii
Honomu - Territory Hawaii
Kaupakuea - Territory Hawaii
Papaikou - Onomea sugar Co.
Hakalau - Hakalau sugar Co.
Grant 1939, S.L. Booth
Grant 1158, J. Phlegm
Land Commission Award 5663 - Kahonu
[Newspaper Notices in English and Hawaiian illegible] [page 648]
(Plea in Bar and Answer) filed December 10, 1903)
Before the Boundary Commissioner of the Fourth Circuit
F.S. Lyman, Esquire, Commissioner
In the Matter of Boundaries of Makahanaloa, Hilo, Hawaii
Plea of former Adjudication and Answer By Territory of Hawaii
Now comes the Territory of Hawaii by J.W. Pratt, Commissioner of Public Lands, and makes this his plea to the application of the Pepeekeo Sugar Company and says;
That this Commissioner cannot enter a valid judgment in the matter of the boundaries of the above described lands and for reason therefore says that a former adjudication of the boundaries of the Ahupuaa of Makahanaloa has been made after notice and hearing as provided by law, which judgment has never been set aside.
That said records are to be found in the Records of the Commissioner of Boundaries for the Fourth Circuit; that the respondent further shows that a copy of said records are attached hereto, marked Exhibit "A" and made a part hereof.
II
And your respondent in further answer to said application shows to the Commissioner he is informed and believes and therefore alleges that the survey accompanying the application in this matter is not a survey actually run out on the ground; that it is a compilation from various maps, and that it is inaccurate as a true survey of the boundaries to be run out on the ground.
Wherefore your respondent asks
1. That this application be dismissed and a Certificate be refused on the ground that there is a Certificate already issued for this land, and that the Commissioner has no authority to issue a new Certificate.
Honolulu, Territory of Hawaii, December 8, 1903
James W. Pratt, Commissioner of Public Lands, Territory of Hawaii [page 649]
Honolulu, Territory of Hawaii, Island of Oahu s.s.
J.W. Pratt, being first duly sworn says that he is the duly qualified and acting Commissioner of Public Lands that he has read the foregoing complaint and knows the contents thereof and that the same is true
James W. Pratt, Commissioner of Public Lands
Subscribed and sworn to before me this 8th day of December 1903
J.A. Thompson, Clerk 1st Circuit court
Exhibit "A"
Land Boundary Commission
Certificate No. 36, See Book C, pages [left blank]
Continued from page 646
The owners of the land not having made any aggreement [sic] with the Government and the owners of the adjoining lands, to reopen the case and set aside the Certificate of Boundaries of said land, in order to obtain a new Certificate; the application is dismissed.
Frederick S. Lyman, Commissioner of Boundaries IV, Judicial Circuit, Territory of Hawaii
Costs
1 day $10.-; Notice published 15.50; 10 folio Record 2.50; Due $28.00
[No. 36, Makahanaloa Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, 7600 acres, 1874; New Case dismissed]