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No. 5287, Kahauolupua
To the Land Commissioners, Greetings: I hereby petition you for my claim. It is in the 'Ili called Oa in Wailuku, Maui.
In 1837 I received that land from Kailihiwi, /and held it/ until 1843, when Wailuku went to the control of Namakaeha. My occupancy of Owa continued undisputed.
In 1847, in the month of July, 19th day, I joined together with some people to cultivate sugar cane above Owa at Lupeloi. We began the work and the sum of $7.75 was paid to the workmen. In the month of August, it was disputed by Namakaeha, and by agreement of the Legislature, the tenants were enabled to cultivate in a separate place of the land.
I am, respectfully,
Wailuku, 24 January 1848
Cl. 5287, Kahauolopua [Margin note: To be struck out]
Z. Kaauwai, sworn, the claimant's lands have been brought before the Commission mostly, but there are 2 pieces upon which no testimony has been taken.
No. 1 is a kula land in the ili of Owa, Wailuku, Maui.
No. 2 is a kula land in the ili of Owa, Wailuku, Maui.
The claimant received these lands from "Kailihiwa in the year 1837 and possessed it in peace until 1847, when Namakaha set up a claim to it. But his claim rose from a misconstruction of the King's order that the "Eka" of Wailuku should be returned to the Konohiki. But these lands were never "Ekas" truly, having been received before the "Ekas" were given out. The claimant possesses them to this day. There are 2 poalimas ....
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.... o claim to this place - it is for the Ali`i himself. It is some kula at Wailuku.
I am, respectfully,
The foregoing is the truth and is signed by Kahauaolopua as I have witnessed it.
Left at the Home Office
23 November 1852, G.M. Robertson
No. 5287, Kahauolopua, July 12, 1848
Z. Kaauwai, sworn, I know his land in Wailuku, two parcels.
Parcel 1. Taro kula.
Parcel 2. Kula planted in sugar cane.
These two parcels were from Kailihiwa in 1837. It was opposed by Namakeha in 1847, by an error in judgement; there is no reason for this opposition, it is confused. This is "acre" land, but had been given before it was measured into acreage. There are seven hakuone in the first parcel, however they are dry because of this opposition.
Parcel 1 is bounded:
Mauka by my land
Waihee by the new Government road
Makai by the Government lot
Maalaea by 'Ili of Kalua and the lot of Kaili.
Parcel 2 is bounded:
Mauka by the land of Kahauolopua
Waihee by the stone house of Auwae
Makai by the 'ili of Papohaku and the land of Naea
Maalaea by the Road and the Government lot.
Keahe, sworn, I know that this is Kahauolopua's own claim, the statement of Z. Kaauwai is true.
I. Napela, sworn, I know this is his claim from formerly; the testimony of Z. Kaauwai is true. I confirm it, as Keahi has.
[Award 5287; R.P. 728; Owa Wailuku; 2 ap.; 61.87 Acs; (Award recalled by the Commission)]