Mahele Documents

Claim Number: 00618
Claimant: Pika
Other claimant:Mahana, opposes
Other name: Bika
Island: Oahu
District: Kona
Ahupuaa: Honolulu
Ili: Maunakea St.
Statistics: 13539 characters 2464 words
[No. 618, Pika], claims 615 to 618 inclusive
F.R. 86v2

Native Register

N.R. 301-303v2
No. 618, Bika /Pika/, Honolulu, Oahu, 12 July, 1847

Greetings to the Land Commissioners: I ask you to act quickly for me, because I am a poor man and I thought of selling, but Mahana, who has no right in this lot, has objected, that is the reason I am asking you to act quickly for me.

This is what was done: I sold to Opukahaia, the Police officer. We are both native Hawaiians, not foreigners, which the law would prohibit. I made a mistake by ignorantly selling without your hearing of it first, but in my talk with Opukahaia he was the one who would tell you, the ones who take action, and /he would/ pay all of the departments, and also the commutation for the allodial /title/. My occupancy only was that which I sold. But, Mahana is objecting, the one who has no right. His right, in my mind, is broken, because he did not ask first, before the enacting of the new law. I occupied this lot in which Mahana is objecting from the year 1831. Here is his little interest in this, perhaps, as follows: After the time of Kaomi the people were returning, and at this time I got my wahine and we married, just before the death of Nahienaena. I said to my wahine, "it would be well if we got ourselves a place with a house to make life comfortable - if I went and came back, you would be comfortable." Then, Mahana heard us talking it over and said, "I will go and ask if there is a separate place." When he went I did not hear what chief gave it to him, perhaps that was his right, but /he/ went and asked, as for myself, I gave Mahana $10 for completing the fence, and thirty also for the house and finishing the fence. My house was not made by Mahana, $10 on the house was gone, leaving $20 loss which Mahana did not return to me. My punalua built his house and my makuahonowai /built/ his house within the lot. My punalua returned to the windward side, selling his house. His losses in that lot were $12. Making the well was $5.00, and repairing the broken fence was $7.00, making a total of $12.00. All these things were for me. From that time until today, Mahana has not lived in there. He has another house and kuleana. Only I, from the beginning until this day, am the one with the right. I petition you with the truth.

I took the money from the one who had it, and I gave him, Opukahaia, my right in this lot, but I have heard that Mahana has petition to the Honorable M. Kekuanaoa and to the Deputy Governor, John Ii. The mind is downcast at the little man's losing his rights to the important man, which this poor man has seen. The Law says all are protected in person and in land and house sites and all property. I have not opposed the laws of the kingdom to lose my own place which I claim. It is at Honolulu, the name of it is Kaluamaika.
I am, with thanks to you,
BIKA X, his mark
The witnesses are: Kekaakua and Unauna

F.T. 76-77v2
Claim No. 618, Bika (Pika), counter Mahana, 552, 26 November [1847]

Kekaakua, sworn, I know the place. It is in Honolulu,

Mauka is yard of Kumakahulipu
Waititi side is John Mee's
Makai, Kaeo's
Ewa, Paniani's small spot.

It is fenced and has a house on it. Pika owns it since the time of Kaomi in 1834 or 5. Claimant is now living there. Mahana had the fence built, but Pika paid for it. I live under him on the land. I know of that payment. I build the house for myself, Pika & wife. Mahana never lived on the land.

Unauna, sworn, I know the boundaries are correctly said by the first witness. In 1837 Pika requested me to thatch the house. He was to give me 30 dollars for house & fence. Pika had given Mahana before that 10$ for the house and to fix[?] the fence to be made, which he did not fulfill. I began to thatch the house, and Pika to sue Mahana for his loss; when Mahana talked to Pika's sister flatteringly and his wife said not to sue, nor for me to go on with the house, and it never was done. Pika then built a house for himself. Mahana never lived on the land. He lived in a yard outside of it.

Deferred to Mr. Lee for attendance of all parties.

N.T. 387v2
Aiona Pake and Pika's hearing have been postponed until they shall be summoned again. They are absent today

N.T. ....

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.... have lived at this place before 1839 and I have seen Kekaakua and Pika living there also, but I did not see Mahana there. The place had been enclosed and a tamarind tree was growing at the time. That fence which was built on the land Mahana is claiming as his, has fallen apart. This was adjacent to the area on which the tamarind tree was standing. It was both Pika and Kekaakua who built a new fence which I think was three feet in width. The fence which ran from the tamarind tree to the Mauka side reaching the original fence had later fallen to the ground. It was enforced with mud by the people who had a lease of the place. The fence on the place which Mahana is saying as his has been moved makai of the tamarind tree whereas Mahana's original fence was laid directly to the tree allowing half of it (tree) to be on the Mauka side and the other on the makai side. This discarded Mahana's old boundary. Makuahine had asked Kahananui, "Would you like to check along the borders of our fence?" Mahana had answered, "That would be for me to decide; take your fence to the old place, do not move it makai."

Kahiepu, sworn, We are hired help on the chief's chain gang days. Mahana had hired Kahawaii as the assistant tax assessor and eight of us were the laborers. We mixed the clay and Kahawaii built the enclosure while together we moved it toward the sea for one and a half feet. When it last rained, that enclosure fell apart into Kaeo's place and again Kahawaii was hired on the konohiki work days and together we built the adobe. Mahana asked Kahananui, "When are you coming to help me?" "Perhaps it's best for me not to help you," answered Kahananui, "because these people would not understand." Mahana commented, "It would be up to me, if it should be moved toward the sea, then it shall be moved. When the fence was moved to the tamarind tree, a portion of Kaeo's place was taken. I do not know when this had happened."

Kahaulelio, sworn, I had planted the tamarind tree three feet from Mahana's fence. The tamarind fruit was for Kaeo, I had done the planting only. I know that Mahana's house stood three feet from the tree in the year1837 which was the time the roads were broken /to make way for a new road/ but I see now that Mahana's fence is too close to the ui /tamarind/ tree and into Kaeo's place as much as three feet. The frequency of building the adobe by Mahuna had caused his enclosure to be close to the tree boundary.

Keoni, sworn, I had seen Mahana's old fence in 1845; there was a separation of probably three feet from the tamarind tree to the fence. Recently I have seen Mahana's fence very close to the tree and he has abandoned his old boundary. Kaeo's boundary is now in Mahana's lot.

Makuu, sworn, I have known just as Keoni had /known/ and it is the same at this time. I had asked my husband to help with the building of the fence and that one has fallen apart since that time. I enclose; you people enclose; this will be my decision.

Kapahoanui /Mahana/, sworn, I have seen this place over which there is a dispute. I had seen it at the time of Kamehameha I. It had been a road and at the time it was broken up, Kaeo was living makai and Kaluahinenui Mauka; and when Makai /Queen/ Street had come through, Kaeo moved toward the mountain direction close to the border of the old street where Mahana had taken up residence. Mahana enclosed the place, but Kaluahinenui denied him the building of his house there, so he complained to M. Kekuanaoa. Kekuanaoa granted him his desire and Kaeo did not stir at that time even when Mahana had built his fence. Kaeo did not abuse Mahana nor did he create any problems for him. I have seen the tamarind tree grow; it was makai and the fence was Mauka. That is what I had known at that time

Paumako, sworn, This place had been a road before the death of Nahienaena. It was later that I had seen the planting of the tamarind tree. The enclosure had been built during the time the streets were being built and the tree was separated from the enclosure. The tree was makai, the fence which Mahana had built was Mauka and he has lived here to the present time. When Mahana had begun to build the enclosure, he had asked others to help him, but no one came so he worked and completed the fence himself.

[No. 618 not awarded; See Award 652 to Mahana]