Boundary Commission

1875 076 Spencer, Thomas
Certification: 076
Ahupua`a Waipunalei
District: Hilo
Island Hawaii
Ownership: Spencer, Thomas
Misc:
Year: 1875
Statistics: 19803 characters 3411 words
Waipunalei Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume A, No. 1, pps. 251-252

Waipunalei, District of Hilo
Hilo, August 22d, 1873
To The Honorable R.A. Lyman, Commissioner of Boundaries for The Third Judicial Circuit, to wit: the Island of Hawaii, Hawaiian Islands

The petition of Thomas Spencer of Hilo, Island of Hawaii, Hawaiian Islands, respectfully represents as follows, that the undersigned petitioner is possessed of a tract of Land called the Ahupuaa of Waipunalei, that the aforesaid Land or Ahupuaa of Waipunalei was deeded to C.N. Spencer of Waiohinu, Kau, Hawaii, by one I.R. Kaahu of Honolulu, Island of Oahu, by name only and not by survey, and that the Boundaries of the same are as yet undefined; that the following is the list of lands adjoining the said land of Waipunalei, and the owners of the same, as far as the same are known by our petitioner, to wit
[page 252]
Haukoa, Government Land
Nakapaa, Government Land
Humuula, Crown Land
That all and singular the premises are within the jurisdiction of this Honorable Commissioner of Boundaries.

Wherefore your petitioner respectfully prays that the boundaries of the said land, called the Ahupuaa of Waipunalei, may be decided and certified to, by your Honor, the Commissioner, and that a Certificate defining the said boundaries may be issued to your petitioner, and that to this end a day, hour and place may be appointed for the hearing of this petition, and the proofs there and then adduced, and that due notice according to law may be made to all persons interested in the said matter, to appear and show cause, if any they have, why the said petition should not be granted.
And Your petitioner will every pray, &c, &c, &c,
(signed) Thomas Spencer

for Testimony see Folio 365, Book B


Waipunalei Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume B, pps. 365-370

The Ahupuaa of Waipunalei, District of Hilo, Island of Hawaii, 3rd Judicial Circuit

On this, the 24th day of February A.D. 1875, the Commission of Boundaries for the Island of Hawaii, 3d Judicial Circuit met at the Law Office of E.G. Hitchcock in Piihonua, Hilo, Hawaii on the application of Thomas Spencer, for the settlement of the boundaries of Waipunalei, situated in the District of Hilo, Island of Hawaii. Due notice of hearing personally served on E.G. Hitchcock, Attorney for Commissioners of Crown lands.

The applicant requested that D.H. Hitchcock's [testimony] be taken, as he is to leave for Kona, and will be absent about 2 months. Wishes to have evidence in refrence [sic] to survey taken, and evidence of other witnesses taken when notice of hearing has been served on all interested parties, as he wishes to have as little delay as possible in settling boundaries.

For Petition see Folio 251, Book A.

Testimony
D.H. Hitchcock, sworn, I surveyed the land of Waipunalei last January. An old man named Paka was my kamaaina. He went with me and pointed out the boundaries. The notes of survey filed are made out from my field notes, made when I was surveying the land. I also questioned Naaikaunaoopa in refrence [sic] to the boundaries of the land, and he gave the same boundaries as Paka told me, from the shore, until we reached the point in the woods, that he claimed was the place where Humuula cut Waipunalei off. I do not remember the name of the place, but think it is opposite the place called Kaukahoku. Naaikauna said that Paka was a good kamaaina of the land, but disputed the mauka boundary given by Paka. I surveyed to the point given by Paka, as he seemed to be a kamaaina that knew the boundaries.
Cross-examined.

Case continued until further notice.
R.A. Lyman, Commissioner of Boundaries 3d Judicial Circuit

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.... r of boundaries claimed by Owner of Waipunalei.
Case continued until further notice.
R.A. Lyman, Commissioner of Boundaries 3d Judicial Circuit


Decision
The Boundaries of the Ahupuaa of Waipunalei, decided to be as given by Paka, and in notes of survey filed.
Certificate issued according to the notes of survey. Notice of decision given
Hilo, Hawaii, July 21st 1875
R.A. Lyman, Commissioner of Boundaries 3d Judicial Circuit

Notice of Appeal given by Attorney for Agent Crown Lands mauka Boundary.
R.A. Lyman

No. 76, For certificate of Boundaries see Folios 159 & 160, Liber I.

Appeal not perfected to date
Hilo, Hawaii, August 21, 1875
R.A. Lyman, Commissioner of Boundaries 3d Judicial Circuit

Costs paid in full, see Folio 160, Liber I.


Waipunalei Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission, Hawaii, Volume 1, No. 3, pps 159-160

For Testimony of Waipunalei, Hilo See Folio 365, Book B

No. 76

Land Boundary Commission, Hawaii, 3d Judicial Circuit

Certificate of the Boundaries of Waipunalei, District of Hilo, Island of Hawaii, 3d Judicial Circuit

Upon the application of Thomas Spencer, and by virtue of the authority vested in me by law as sole Commissioner of Land Boundaries for the Island of Hawaii, 3d Judicial Circuit, I hereby decide and certify the boundaries of the Ahupuaa of Waipunalei, situated in the District of Hilo, Island of Hawaii, to be as hereinafter set forth.
Given under my hand at Hilo, Hawaii, this Twenty-first day of July A.D. 1875
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit

Boundaries of Waipunalei
Commencing at a point on the sea coast immediately over two large rocks on the beach, one almost out of the water, and about square [ ]; the second one stands in the water shaped thus [shape of house with roofed lean-to on right]. A large rock off Laupahoehoe and separate from the other rocks bears North 67° East. The East point of Kaupo Gap on Maui bears North 59° West from this point. The land of Hakoa lays on the south side of this land. Thence South 13° west 24.00 chains along boundary of [page 160] Hakoa to hau Grove, Thence
South 30° West 40.00 chains; Thence
South 48° West 70.00 chains to woods; Thence
South 40 1/2° West 37.00 chains; Thence
South 23 1/2° West 35.00 chains to place called Pooholua; Thence
South 44° West 20.00 chains; Thence
South 20° West 38.00 chains to 2 ohia trees marked XX; Thence
South 29° West 26.00 chains; Thence
South 22° West 27.00 chains to koa tree marked V; Thence
South 20° West 42.00 chains to place called Waipahoehoe; Thence
South 34° West 27.00 chains to mauka corner of Hakoa; Thence
South 27° West 48.00 chains along boundary of land of Laupahoehoe to a koa tree marked X; Thence
South 26 1/2° West 26.00 chains along Laupahoehoe to place called Kulanihakoi; Thence
North 23° West 60.00 chains along land of Humuula to place where 3 koa tree stand marked W., H. and X; Thence
North 29° East 77.00 chains along Humuula; Thence
North 32 1/2° East 153.00 chains along Humuula; Thence
North 16° East 42.00 chains along Humuula; Thence
North 30° East 115.00 chains along Humuula; Thence
North 26° East 65.00 chains along land of Paana; Thence
North 40° East 91.00 chains along land of Awawaiki; Thence
North 44 1/2° East 44.00 chains along land of Kuaia to a kukui tree marked X; Thence
North 34° East 70.00 chains along land of Kuaia, and Waipunalei Awawa to sea coast and Containing an area of 2520 acres.
R.A. Lyman, Commissioner of Boundaries, 3d Judicial Circuit

Surveyed by D.H. Hitchcock

[No. 76, Waipunalei Ahupuaa, District of Hilo, Island of Hawaii, Boundary Commission,2520 acres, 1875]