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No. 374, Antonio Sylva, Claimant, Maui
No. 374 & 374B
To the Commissioners for quieting Land titles &c
Lahaina, January 7th, 1847
I herewith enclose you a copy of a Mortgage given by one Mamaki to Geo. Pelly (both British Subjects) for a debt due from Mamaki to Geo. Pelly. Geo. Pelly sued Mamaki, the British Commissioners for the government of the Sandwich Islands, ordered the said Premises to be sold at Public auction; when I became the Purchaser. Afterwards the said George Pelly made over and assigned the mortgage deed to me. I now claim to be put into quiet possession of said tenement and land.
Signed Antonio Sylva X, his mark
This Indenture made between George Pelly on the one part, and Mamaki on the other part Witnesseth that the aforesaid Mamaki acknowledges to have received and stand indebted to the said George Pelly, at signing of this Mortgage, the sum of Five Hundred and forty seven dollars 52 cents, which sum he, the said Mamaki agrees and promises to pay to said George Pelly or his assigns or aides on or before the 20th May 1842. And as collateral securities for the full payment of said sum above mentioned to said George Pelly, his heirs or assigns - The aforesaid Mamaki has granted the aforesaid George Pelly a Mortgage deed on his house and lands situated in Lahaina on the Island of Mowee as follows: A Stone two story dwelling situate to eastward of Shiek Mahoineke[?] House.
I, the undersigned, Mamaki hereby grants a Mortgage on my house furniture and land at Maui situated in Lahaina as security for the full payment of the sum of Five hundred & forty silver dollars 52 cts to the said George Pallia which I shall continue indebted to said George Pallia at signing of these presents, the true intent & meaning of which Mortgage is that in case that the money lawfully due by me to said George Pallia is not paid to said George Pallia his heirs or assigns, on or before the 28th day of May 1842, then the said George Pallia has full power to take possession of my house and furniture for his own use and benefit without any impediment and it is hereby as fully transferred and made over to him as if the house & furniture had been sold by me to said George Pallia. If the money shall be well I truly paid which is now due to said George Pallia by said Mamaki, amounting to the Sum of 547 dollars 52 cts before the 28th day of May 1842, then this Mortgage & obligation ....
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.... >On the 10th July 1843, by order of Lord George Paulet, the said land & Houses (such as they were) were wrested from me, and sold at public auction, with my title to the said land, for the benefit of my Creditors. Although one of my Creditors (excepting Mr. Pelly) have received anything from the proceeds of the said Sale [?].
To conclude, I beg leave to state to your Excellency & the Honorable Board that the said Land, actually, lawfully & justly, belongs to his Majesty, the King, and no one else; but the houses, or ruins on the same were mine.
See also testimony of John Young and Mr. Pelly (direction appended to the document by Mr. Richards Esqr) with the following.
Personally appeared before the Commission to quiet Land titles Mamaki, and made oath that to the best of his knowledge the foregoing statements are all true.
Signed William Richards
Hale Pelekane January 11, 1847
Testimony of J. Young & G. Pelly wanted
See also Cl. 5909 Poke wife of Claimant
Claim No. 374, Antonia Sylva, Maui, January 48'
John F. Halstead, sworn, deposed that while Lord Paulet had charge of the Island, the place of Mamaki was advertised for sale at auction. it was done by written notice. Mr. Mellish was auctioneer, and told me it was to be sold to foreclose a mortgage which Lord Paulet had ordered to be foreclosed. I went to the Auction, but some other things being sold first, I did to stay to witness the sale of the Premises, but Mellish told me afterwards that Antonio had purchased it at 550 dollars. (For remaining testimony see Hawaiian Book) Note Refer to Mr. John Young
Resumed Page 146 vol. 3. [374B]
No. 374, A. Sylva
John Young, I have known that lot in Lahaina, Maui, it was auctioned for Mamaki's debt to Pelly in 1843 at the time of Lord Paulet. It was decided and approved here by the English commissioners and they were sent to Maui, where the auction was conducted by a haole (foreigner). We went to see it only and the lot was won by A. Sylva for fifteen hundred dollars, ($1500.00). G.P. Judd was one of the English commissioners, perhaps he would know more about this. Mamaki is a true claimant for that lot and there are no disputes; for this reason I believe the claim for the buyer is valid.
[Award 374; R.P. 660; Puuki Lahaina; 1 ap.; 1.4 Acs; 374B R.P. 101; See also No 432]