Mahele Documents

Claim Number: 00081
Claimant: Booth, Joseph
Other claimant:
Other name:
Island: Oahu
District: Kona
Ahupuaa: Honolulu
Ili: Kaumakapili
Statistics: 6975 characters 1247 words
No. 81, Joseph Booth, claimant, Honolulu, June 1846
F.R. 91-92v1


To the Commissioners for land claims:
Gentlemen: I herewith hand you a copy of my deed of purchase of a portion of land in Honolulu, attested by Mr. Ricord as Notary Public; and will thank you at your earliest convenience to furnish me with the necessary deed.

Copy
"Know all men by these presents that I, William Byrne, a British subject, now a resident of the Sandwich Isles, for and in consideration of the sum of Two hundred and fifty dollars paid to me by Joseph Booth, the receipt whereof I do hereby acknowledge, do hereby give, grant, sell & convey to the said Joseph Booth, his heirs & assigns a certain enclosure, situated in Honolulu, adjoining the North East side of a piece of land given by the Sandwich Island Government to build a French church on, measuring as follows: viz.

On the North east end seventy-one feet; on the South east one hundred and twenty-three feet; on the South west, one hundred and thirty feet; and on the North west one hundred and fourteen feet.

To have and to hold unto the said Joseph Booth, his heirs & assigns, to his & their use & benefit forever; and I do covenant with the said Joseph Booth, his heirs and assigns, that I am lawfully seized in fee of the premises; that they are free of all incumbrances; and that I will warrant & will defend the same to the said Joseph Booth, his heirs & assigns forever, against the lawful claims & demands of all persons. In witness whereof I hereunto set my hand and seal this 26th day of February in the year of our Lord, one thousand eight hundred and forty-five.
Signed William Byrne

Signed, sealed and delivered in the presence of Robert Read & Edward Hawkes
Attested by Mr. Ricord as Notary Public with 5$ fee.
Your attention to this will oblige, Gentlemen, &c.
Signed, Joseph Booth


F.T. 76v1
Claim No. 81, Joseph Booth, September 8 [1846]

Doctor Rooke, sworn deposed, The land was enclosed with a fence when I measured it in February 1845. On the 5 January 1844 I received a letter from Mr. Byrne requesting me to sell this enclosure. Having received some offers for it, I wrote to Byrne for a bill of sale of the land. On the 22 ....

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.... 0v1
No. 81, Joseph Booth Claim (from page 107), Adjustor's Office, September 8, 1846

Dr. Rooke's sworn testimony: I had survey [sic] (the property) and at that time it was enclosed with fence in the month of Feb. 1845 and on the 5th day of January 1846, Byrne wrote that I sell the property as was suggested by someone, to whomever wanted it. I wrote to Byrne and asked him for a bill of sale and on April 22, he sent me the bill of sale with his signature together with that of a witness attached to it; however, there were blank spaces. He asked me to fill the blanks with the ap-propriate words. This is the copy Jo Booth gave me in the month of February. Jo Booth agreed to sell according to the statement. I said to him that we should go to the governor before we didit anything further. We went to the governor and I told him that. Byrne wanted to sell his property, J. Booth consented and he bought the property. I asked the governor if I should sell in the name of Byrne. He answered saying that Byrne received this property from Kinau because he was LIholiho's school teacher. The governor further explained that whatever Kinau has given is true and binding, and J. Booth and I again asked the governor for reassurance that no problem would arise later. Jo. Booth's last words to the governor were, "I am seeking for the good for all of our children." When this was over, we left the fort and took the document to Ricord and to G. P. Judd so that everything would be processed properly. Much later after this, I heard that J. Booth's claim had been denied and at that time I still had Mr. Booth's finance and I told Byrne what had happened; however, I do know that Byrne had become Liholiho's school teacher; that he had built houses, and also had dug a well.


N.T. 116v1
No. 81, Jo Booth, (from page 110), Adjustor's Office, September 9, 1846

M. Kekuanaoa's sworn testimony: I know about Jo Booth and Pana (Byrne) because they had come to me. Jo Booth had wanted to buy land for his children because they are from here. Kinau had given Pana (Byrne) the land for being Liholiho's school teacher.

[Award 81, R.P. 156; Kaumakapili Honolulu Kona; 1 ap.; .24 Ac.]