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Maluawai Lele, Waiaula Ili, Kalihi Ahupuaa, District of Kona, Island of Oahu, Boundary Commission, Oahu, Volume 4; pps 33-41
No. 209
Before A.C. Alexander, Commissioner of Boundaries for the First Judicial Circuit, Territory of Hawaii
In the Matter of the Settlement of the Boundaries of the Land of Maluawai, a Lele of the Ili of Waiaula, Kalihi, Oahu, Territory of Hawaii.
Proceedings
August 4, 1924, an application was filed by William O. Smith, E. Faxon Bishop, A.F. Judd, William Williamson and Richard H. Trent, Trustees under the Will and of the Estate of Bernice P. Bishop, deceased, through their attorneys, Robertson and Castle, setting forth that the Ili of Waiaula in Kalihi, Kona, Oahu, was awarded to V. Kamamalu as Apana 37 of land Commission Award 7713, by name only and not survey; that said Ili of Waiaula consisted of several separate parts, one of these being the Lele known as Maluawai; that the petitioners are the owners of said Ili of Waiaula; and the petitioners are the owners of said Ili of Waiaula; and praying that the boundaries of said lele known as Maluawai be determined and certified as follows:
Beginning at a point in center of ridge between the Kalihi and Kamanaiki Valleys, at the East corner of this piece, and the South corner of L.C A. 6450, Ap. 8, to Kaunuohua, and on the North side of Grant 3424 to C. P. Iaukea Trustee, the true azimuth and distance from Government Survey Triangulation Station "Kamanaiki' being 256° 13' 3193.4 feet and running by true azimuths:
1. Firstly following down along the center of ridge between Kalihi and Kamanaiki Valleys, along Grant 3424 to C.P. Iaukea Trustee, the direct azimuth and distance being 78° 19' 2146.7 feet;
2. 175° 26' 1972.0 feet down side of Kalihi Valley along L.C.A. 8559 Ap. 3 to C. Kanaina to a + cut in large rock in the Kalihi Valley Stream: at 549.3 feet passing over a pipe on spur ridge and at 1563.4 feet passing over a second pipe on said spur ridge:from the second pipe the true azimuth and distance to a + cut in large rock being 129° 42' 113.6 feet;
Thence following up the middle of the Kalihi Valley Stream on the following direct azimuths and distances;
3. 299° 29' 68.4 feet to a spike in large rock near the South side of Stream;
4. 259° 20' 90.1 feet to an [left arrow <] cut in rock in middle of Stream;
5. 215° 26' 403.7 feet to a + cut in rock in middle of Stream;
6. 220° 28' 351.6 feet to a point in middle of Stream:
7. 322° 00' 2678.3 feet up side of Kalihi Valley, along L.C.A. 6450, Ap. 8 to Kaunuohua, and passing over an old + on rock on top of bank on the South side of Kalihi Valley Road at 59.3 fact to the point of beginning.
Area:79.0 Acres,
The hearing on this application was set for September 2nd, 1924,and the following notice was published in the Honolulu Star Bulletin and (in Hawaiian) in the Nupepa Kuokoa on August 7th, 14th, 21st & 28th.
[page 34]
Boundary Commissioners Notice
Proper application having been made to the undersigned by the Trustees under the Will of Bernice Pauahi Bishop for the settlement of the boundaries of the land of Maluawai, claimed to be a portion of the Ili of Waiaula, L.C.A. 7713, Apana 37, to V. Kamamalu, and situate in Kalihi, City and County of Honolulu, Territory of Hawaii.
Notice is hereby given to all owners of adjoining lands, and all other interested persons that a hearing will be held for the settlement of the boundaries of the above named land at the meeting room of the board of Harbor Commissioners in the Capitol building on September 2nd, 1924, at 10:00 a.m.
A map and description of the boundaries of said land as claimed by the applicants is on file and may be seen at the office of the Commissioner of Public Lands.
A.C. Alexander, Commissioner of Boundaries for the First Judicial Circuit, Honolulu, August 6th, 1924
Robertson & Castle, Attorneys for the Applicants
August 7, 14, 21, 28)
Copies of said notice were also mailed on ....
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.... stituting for the reference of the initial point to Kamanaiki station, a reference to Waolani station has been verified and accepted by the Territory.
The following documents were offered in evidence by Mr. Greenwell.
1. Power of Attorney from R. Keelikolani to Simon K. Kaai, dated May 1, 1877, recorded in book 50, Pages 203-4 (Marked “Exhibit C”).
2. Lease dated January 1, 1881 by Simon K. Kaai, agent for R. Keelikolani to Manuel Josey, Manuel Marsh and Grenner Friteis, purporting to lease the land of Maluawai in the valley of Kalihi for a term of five years with an option of renewal for five years more (Marked “Exhibit D”).
3. Lease from the trustees under the Will of Bernice P. Bishop to Manuel Machado and Antone Cuelho de Mara, dated August 20, 1887, purporting to lease the land of Maluawai in Kalihi uka “being a portion of Land Commission Award 7713 to V. Kamamalu” for a term of ten years from July 1, 1881 (Marked “Exhibit E”).
4. Lease from the Trustees under the Will and of the Estate of Bernice P. Bishop to Antonio Cuelho de Mello, dated August 6, 1906, of all that land (part of Royal Patent 4475, Land Commission Award 7713 to V. Kamamalu) situate at Kalihi uka, known as Maluawai, for a term of ten years from January 1, 1909.
5. Lease from the Trustees under the Will and of the Estate of Bernice P. Bishop to John Silva Ferreira, dated November 20, 1919, of all that land situate at Kalihi, known as Maluawai, being a portion of Royal Patent 4475, Land Commission Award 7713, apana 37, to V. Kamamalu, for the term of ten years from January 1, 1920 (Marked “Exhibit G”).
Pakoma Kapau, sworn, testified as follows: (Examined by Mr. Hewitt) I was born in Kalihi and lived in Kapo. I don't know the date of my birth, but I am about 56 years old. I know [page 40] the land of Maluawai. I don't know about Hawaiians being on Maluawai, but I remember Spaniards being there on another portion, a little above Maluawai. This Spaniard did milking there; his name was Antone Rosa. Maluawai at that time was covered with guava bushes and cattle roamed through them. My father and others were living in Kalihi Valley then and leased the lands of Kapo, Namahole and Waiaula, and also Waaloa. They never leased Maluawai. My father, Kuamoo, Niho, Kaneai, Puipui and Naai composed the hui. I was about ten years of age and going to school. I understood that the rent for these lands was paid to Moehonua. I don't know by virtue of what Moehonua held these lands. I only know that my father was paying rent to him; I was only a youngster then. I knew Mrs. Hiram; she lived there. I never heard Maluawai referred to as a lele of Waiaula or Kuaiula.
(Examined by Mr. Greenwell) I said that Moehonua was the konohiki of the lands of Kapo, Namahole, Waiaula or Kuaiula, and Waaloa. The rental was paid to Moehonua.
At the request of Mr. Hewitt the hearing was continued threes weeks to January 10, 1925 to allow the Territory time to seek additional evidence.
Hearing resumed January 10, 1925 at 9 a.m.
Appearances: W.A. Greenwell of castle & Robertson, attorneys for petitioners
H.R. Hewitt, Deputy Attorney General, representing the Territory of Hawaii.
Mr. Hewitt stated that the Territory had not been able to obtain any additional evidence.
After listening to arguments by the Deputy Attorney General and the counsel for the petitioners, at their request, the hearing was continued indefinitely subject to the request of counsel for further consideration or final disposal.
January 24, 1925, counsel for the petitioners filed the written approval of the map and description by Francis Gay and the Roman Catholic church in the Territory of Hawaii, adjoining owner, dated January 8, 1925.
[page 41]
Costs:
Hearings $50.00; Recording 3400 words 8.50; Advertising Kuokoa 20.25; Advertising Hono. Advertiser 15.75; Extra slips of Advertisement 1.00; 5 blueprints 2.50; [Total] $98.00.
[No. 209, Maluawai Lele, Waiaula Ili, Kalihi Ahupuaa, District of Kona, Island of Oahu, Boundary Commission; 79.0 Acres; 1925]