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No. 1853*O, M. Kekauonohi, Iolani House, my residence in Honolulu, 17 December 1848
To the Honorable Land Commissioners At Halekauwila, Greetings:
As in the Law, I again state these land claims for my house lots at Lahaina, Island of Maui, as follows:
No. 1 House lot at Halekamani
No. 2 House lot at Pahumanamana
No. 3 House lot at on the mauka side of Hoolili pond, on the northwest of Laahili's place as far as the stone house of Hoolulu.
No. 4 House lot to Makaulia.
No. 5 House lot at Kahikona.
No. 6 House lot at Kuokoamamua.
No. 7 House lot at Kalua Pelapela
No. 8 House lot at Kekuelike
No. 9 House lot at H.L. Luitona is living /H.L. Lewiston?/
No. 10 is at Puaa.
Those are my house lots which are all in Lahaina. They are all occupied by people placed by myself in those places, and we have rights together in these places. However, I will not oppose them if they first present their claims. There are many witnesses who know of this place being mine. Therefore, ten days before action is taken, present the witnesses to me.
Cl. 1853, Kekauonohi
Kaeo, sworn, I know this land. It is Halekamani in Lahaina, Maui.
No. 1 - a house lot of 7 houses of claimant & fenced having a fish pond.
Mauka is the main road
Olewalu [Olowalu] is Lahili & A. Kaeo
Makai is the Sea
Kaanapali is Kanaina and Holulo.
Claimant had this from Kamehameha I and has held it undisputed ever since.
[No.] 2 Pahumanamana - house lot in Lahaina having 7 houses principally built by foreigners who hold on short leases.
Mauka by Main road
Olewalu [Olowalu] by Kanaina
Makai by Sea
Kaanapali by King.
Derived with No. 1 in the same way and never disputed.
[No.] 3 House lot Makaulia, Lahaina - two houses fenced.
Mauka by Ohihee
Olewalu [Olowalu] by School house
Makai by road
Kaanapali by Baldwin's lot.
Claimant had this from Nahienaena and has held it undisputed.
[No.] 4 Kahikona, Lahaina - 2 houses fenced.
Mauka by King
Olewalu [Olowalu] by Kuakoa & Road
Makai by Kalua
Kaanapali by Kaleleiki.
Claimant had this from Kamehameha I. Undisputed.
[No.] 5 Kuakoa lives in charge - 1 house unfenced.
Mauka, Olewalu [Olowalu] and Makai by Claimant's land
Kaanapali is Kahikona.
Kuakoa is luna.
[No.] 6 Kaluapelapela is Konohiki of this lot - 2 houses fenced.
Mauka by Kahikona
Olewalu [Olowalu] by Road
Makai by Keawa
Kaanapali by Kaleleiki.
Claimant has this as the others and is undisputed.
[No.] 7 This lot is in Kuakamauna's hands and not claimed by Kekauonohi. partly disputed by Mapu.
[No.] 8 Sold to H. Swinton.
[No.] 9 Paaa - cultivated lot fenced.
Mauka by Kuakamauna
Olewalu [Olowalu] by same
Makai by Peahi and Manono
Kaanapali by Peahi.
Derived from her ancestors far back. Undisputed.
Kaauwai, sworn, I know the testimony just given is true in the main. No. 1 is clear. No. 2 was Claimant's but she has allowed several persons to occupy part of this lot who have sent in claims to Land Commissioners. Mahoi, Pupuka, Kalua Wahine are their names. They have lived there 25 or 30 years. They have their fences around their lots. All the rest is claimant's.
No. 3 is correct. No. 4 Kahikona was placed in the lot in 1838 by claimant. Kahekili consented to his fencing the house at the time. Claimant was the Konohiki - he was High Chief. Kahikona has also sent in his claim to this lot which was heard by Mr. Richards as well as Mahoi & Pupuka's. Mr. Lee heard Kalua Wahine's.
No. 5 is correct and No. 6 they have no claim.
No. 7 I know claimant has had no possession of this lot for 30 years.
No. 1853, M. Kekauonohi, November 21, 18 ....
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.... side while Kapeleaumoku enclosed one other side. I have not known when this had all taken place, but I do known the boundaries of that lot.
Mauka by Kapeleaumoku's land
Olowalu by Kooka's land
Makai by foot path to Olowalu
Kaanapali by Peahi's land.
Kapeleaumoku lived on the land which was given to him under Kahekili and it was right that he should take as he had so desired. Kahekili's reason for separating that land was for monetary purposes.
Kapeleaumoku has always cultivated this land over which there is a dispute until his death in 1848. All of his possessions and land sections which he had cultivated himself were bequested to Makaiole, his wife. She has always worked on this place, today Kalua is offering objections.
Keohokana, sworn, he has seen this land of 12 moo lands in Puaa ahupuaa in Lahaina. It is said that it was for Kahekili, but, it was understood that one section (land) was for the tenant and the other was for Kahekili. The land had been divided in equal parts. I have not known who had enclosed the lot except by hearing that Kapeleaumoku, the husband of Makaiole had hired help to do work on one side of the lot for fish and a hog as payment. Kapeleaumoku, the overseer worked on the makai lot and it is said that Kahekili owned that lot. We were hired by Kapeleaumoku, for a hog, to enclose the second lot which leads to the mountains. I had first seen Kapeleaumoku there in 1835, where he always has lived and cultivated peacefully until his death in 1848. Kapeleaumoku's entire possessions, his real estate including his land in this lot [were] left to Makaiole, his wife. The opposing force has appeared recently.
Kalua (Question): Whose idea was it to divide this place equally?
Kekahuna (Answer): It was their idea, Kahekili and Kapeleaumoku.
(Question): Were you there when this was done?
(Answer) I was not there, I had heard only, but it was done.
(Question): If Kekanonohi was living at this time, would Makaiole still have her claim?
(Question): Did you not tell me at one time that the place was for Kahekili?
(Answer): I was telling you about the land in general, Makaiole had always tilled the land to that day I was talking to you. You did not ask me for the number of tenants on the land, I would have told you all about that too.
Manae, sworn, Keohokana's statements are all true although he was new there. We were the older folks there who started the work on the fence. Kahekili had brought us on the Pupuka and we lived with Kapeleaumoku under Nanuu, his cousin. We have always cultivated the land to the present time without objections.
Kalua (Question): For whom was Kapeleaumoku working in that lot?
Manae (Answer): For Kahekili and for himself.
(Question): Where were all of the tenants who worked on that lot from?
(Answer): From the land of Kahekili and others were Kapeleaumoku's favorites.
(Question): Where is Kahekili's own land? And Kapeleaumoku's?
(Answer): After the death of (Mr.) Hoapilikane, Kahekili asked Kapeleaumoku for a place for his own tenants, so there was a distribution of land - eight moo's for Kahekili and 4 for Kapeleaumoku. Kapeleaumoku's wife has those same 4 moo's on which she lives today.
(Question): Did you witness (eye) this undertaking between them?
[No number], 24 January 1855
[should be 1853?]
Decision: By the three land commissioners as they held conference on this day. For the case between King Kamehameha III and M. Kekauonohi (for L. Haalelea) concerning the house site called "Halekamani," which lies in Lahaina, Maui. We hereby execute it for King Kamehameha III, forever, thereby leaving M. Kekauonohi and his heirs with nought.
[No. 1853 awarded on Maui; for Oahu Awards see 104FL, 181, 159, 169, 170, 173, 174, 176, 184, 677, 682, 683, 974, 11212, 7712, and 680]