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No. 1, John Voss, claimant, 1846
[Margin note: Presented for file 9 o'clock a.m. February 16, 1846]
Hoolimalima Aina - Helu
Ke hoolimalima aku nei O Kekuanaoa i kekahi apana aina, ma Honolulu, Oahu. Eia na palena o ia aina: ma ko kihi o ke alanui Hotela a me ke alanui i holoilalo mai ka hale o Mika Farani a holo i ka Hikina ma ke alanui Hotela he kanakolukumamaonoiwilei a me ka hapalua, alaila, huli ilalo, he huina kupono, a holo he kanakaolukumamalima iwilei. Alaila huli i ka akau, a holo like me ka lalani mua he kanakolukumamaono iwilei a me ka hapalua a hiki i he alanui alaila, huli hou iluna, a holo ma ke alanui, he kanakolukumamalima iwilei a hiki ke hiki e olelo mua ia.
Ia John Voss no Gerimania, i wahie noho ai ia a me kona hooilina a me konahope paha me ka malu, no na makahiki he 25.
Mai ka la aku o ka kakau ana o keia palapala. Aole mai ia e puhi rama, aole hoi e kuai i ka rama ma ua aina la. A e uku mai ia ia Kekuanaoa, a I kona hooilina, a I kona hope paha, no kela makahiki keia makahiki i na dala he 35$. No kona noho ana ma ka aina a pau na makahiki i olelo ia i maluna, alaila e hoihoi mai i ua aina la a me na hale maluna a me ka pahale, a me na mea a pau e pili ana ma ka aina, ia Kekuanaoa a i kona hooilina a me kona hope paha, ka mea nona ka aina.
A no ka ae like ana e makou i keia mau olelo, ke hoopaa nei makou ia makeuiho [?], a me ko makou mau hooilina a me ko makou mau hope paha, e ka hooko pone i na olelo a pau maluna, a ke kakau nei i ko makou mau inoa malalo iho, i keia la 31 o Mareki i ka makahiki o ka Haku hookahi tausani ewalu hanari me kanalia, ma Honolulu, Oahu, ko Hawaii pae aina.
Poe iho maka i ke kakau ana.
Paulo Kanoa, Jona Kapena, Mataio Kekuanaoa, John Voss
Ke ae aku nei maua i keia olelo ana Honolulu,
Aprila 3, 1840
Ike i kekau ana Kemahameha III, Kekauluohi
Paulo Kanoa, Jona Kapena
Translation: Lease - No. 1
I, Kekuanaoa hereby lease a certain piece of ground in Honolulu, Oahu, bounded as follows: beginning at the corner formed by Hotel Street and the cross street running down from the dwelling house of Mrs. French and running easterly along the street, thirty-six and a half yards, then turning downwards at right angles with Hotel Street and running thirty-five yards, then running northerly, parallel with the first mentioned line, thirty-six and a half yards to the cross street, then running up cross street 35 yards to the first mentioned corner, to John Voss of Germany to be used and employed by him or his heirs and assigns for the term of 25 years from this date, upon these conditions; he is not to manufacture or sell any ardent spirits upon the said land, and he is to pay each and every year to Kekuanaoa or his heirs and assigns the sum of thirty-five dollars, as full rent for said land; and when the lease is fully expired, he is to restore the said land together with all the buildings, enclosures, and improvements thereon, to Kekuanaoa or his heirs and assigns, the owners of the land.
In testimony of our mutual assent to the above terms, we bind ourselves and our heirs or assigns, to the fulfilment of the same, and subscribe our names this 31st day of March in the year of our Lord, one thousand eight hundred and forty at Honolulu, Sandwich Islands.
Signed in the presence of
Paula Kanoa, Jona Kapena, Mataio Kekuanaoa, John Voss.
Power of Attorney, J.J. Jarves, Esquire, Honolulu, 1845, October 13th
Sir: As I am willing to leave ....
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.... has a little less land than is included in the lease; it having been cut off in order to straighten the street, the piece added to the back part not being quite equal to that which was cut off. Witness believed Mr. Voss would be very glad to have a new lease for fifty years from the date of the old one, and pay a rent of fort-five dollars per annum. He thought if any one was entitled to this extension, the claimant is. Witness never promised more than to use his influence in favor of him. The proposition to alter the lease was in consideration to what he had yielded to the street, and his having placed a good building on the land, he being a very estimable man.
No. 1 - House lot of John Voss, Hale Kauila, March 18, 1846
John Ricard: Who owns that land of John Voss?
Matthew Kekuanaoa: It belongs to Kinopu.
John Ricord: Who is his heir?
Matthew Kekuanaoa: I am his heir.
John Ricord: Who owns Kinopu's place?
Matthew Kekuanaoa: It was just an abandoned place with no houses until our houses were built. Poki gave me the sugar mill up in Manoa. I was a favorite of Poki at that time. At that time Kinopu came to me and said, "Kaahumanu said for you, the one who is a favorite of Poki, to grind her (Kaahumanu's) sugar cane in your sugar grinder (the sugar mill of Poki and Kekuanaoa)." I went to Poki and told him all of this. Poki told me to move the sugar mill back down. And at that time Poki asked me and Kinopu to build a round-shaped sugar mill, in Kinopu's lot, and we agreed and so that place became a place to grind cane. Later on Poki gave that place to Mr. French and when Poki's grant to him (French) terminated I took (the land)."
John Ricord: Didn't Mr. French give you money for that place?
Matthew Kekuanaoa: (He) gave me forty (40) dollars annually and a little later (because) I thought (the land) would be lost completely, Mr. French and I bought (the land) for five hundred (500) dollars. That money ($500) was for the government. And at the legislature on Maui that place (John Voss's house lot) became government property.
G.P. Judd's sworn testimony:
From what I have heard I believe that land (John Voss's house lot) belongs to Kinopu and I believe it seems as if it has really become the property of Mr. French and I do believe (the land) belongs to M. Kekuanaoa and I am certain because I have the deed for that place. I feel that money which M. Kekuanaoa paid is for the government and I also believe the government has the right to that place. I remember what was said at Lahaina, John Voss had sued because his lot was cut by the road and I asked Kekuanaoa about this matter. Kekuanaoa told me "a certain portion of his lot was really cut and I gave him again a new place above his lot." John Voss spoke with M. Kekuanaoa to raise the rent and extend the lease. I assumed it was perhaps for fifty years. Therefore the lease was changed without writing the new lease out. Therefore I told Kanoa, "What you did was not right." In the year of our Lord 1843 I sent Kapeau and a foreigner to go and survey the area awarded to John Voss, and they went to survey (it) and they showed me the map. And I think from the designated day of the lease document John Voss can enjoy in the fifty year lease and the forty-five (45) dollar annual rent.
[Award 1; Hotel & Alakea Sts. Honolulu Kona; 1 ap.; .23 Ac.; TMK 1-9-6-02; This is a lease- not a fee simple]