Boundary Commission

1901 182 Booth, Elizabeth K.
Certification: 182
Ahupua`a Laupahoehoe 2 (Nui)
District: Hamakua
Island Hawaii
Ownership: Booth, Elizabeth K.
Misc:
Year: 1901
Statistics: 32372 characters 5348 words
Laupahoehoe 2 (Nui) Ahupuaa, District of Hamakua, Island of Hawaii, Boundary Commission, Hawaii, Volume D, No. 5, pps 380-395

In re Boundaries of the Ahupuaa of Laupahoehoe-nui or Laupahoehoe 2., District of Hamakua, Island of Hawaii, 3rd & 4th Judicial Circuits, Territory of Hawaii.

Land Commission Award 6245, Kalaeokekoi

Hilo, Hawaii, January 17th 1901.
The Commission of Boundaries for the Island of Hawaii, Third & Fourth Judicial Circuits of the Territory of Hawaii, met at the District Court Room of South Hilo, Hawaii, after due notice published in the English language in the Hawaii Herald at Hilo Hawaii for three weeks, as follows:

Notice of Commissioner of Boundaries
Notice is hereby given that on the 27th day of June A.D. 1900, Elizabeth K. Booth filed application for the settlement of the boundaries of the Ahupuaa of Laupahoehoe-nui, situate in the District of Hamakua, Island and Territory of Hawaii, Fourth Judicial Circuit, and asks that Certificate of Boundaries of said land be issued. It is therefore ordered that all parties interested in the boundaries of said land, Laupahoehoe-nui appear before me at 10 a.m. January 17, 1901, at the court House, South Hilo, Hawaii, and show cause, if any, why said petition should not be granted.
(Signed) Rufus A. Lyman, Commissioner of Boundaries, Island of Hawaii, Third and Fourth Judicial Circuits
Hilo, Hawaii, December 28, 1900; 22-3

And notice published in the Hawaiian language in the Elele Hawaii, at Hilo, Hawaii, for three weeks as follows:

Hoolaha A Ke Komisina o Na Palena Aina
Ke hoolaha ia aku nei ma keia ua waiho mai o Elizabeth K. Booth he palapala noi kupono i hana ia, ma ka la 27 o June A.D. 1900, no ka hooponopono ana i na palena aina o ke Ahupuaa o Laupahoehoe-Nui, e waiho la iloko o ka Apana o Hamakua, Mokupuni a Panalaau o Hawaii, Apana Hookolokolo Kaapuni Eha, e noi ana e [page 381] hoopuka ia ka Palapala o na Palena Aina o ua aina la i olelo ia. Nolaila, ke kauoha ia aku nei ma keia, o na poe apau i kuelana i na palena aina o ka aina o Laupahoehoe-nui i oleloia, e hele mai lakou imua o`u, ma ka hora 10 kakahiaka o ka la 17 o Januari, 1901, ma ka Hale Hookolokolo o Hilo Hema, Hawaii, a e hoike mai ina kumu, ina he kumu kekahi, no keaha la e ae ole ia ai ua palapala noi la.
(Signed) Rufus A. Lyman, Komisina o na Palena Aina, Mokupuni o Hawaii, Apana Hookolokolo Kaapuni Ekolu me Eha, Hilo, Hawaii, Dekemapa 28, 1900

Present: T.K. Bipi, the Surveyor, Kahelehookahi Kapololu and Kahalehau Kumukahi.
The Commissioner of Boundaries having received the following letter from the Secretary of Commissioner of Public lands, Commission of Public Lands, Territory of Hawaii.

Honolulu, January 4th 1901,
R.A. Lyman, Esquire, Commissioner of Boundaries, 3rd and 4th Judicial Circuits, Hilo, Hawaii
Sir:
I beg to acknowledge receipt of yours of the 28th ultimate, informing that you have set January 17th 1901 at 10 a.m. for the hearing of evidence as to the boundaries of Laupahoehoe Nui, and to say in reply that in the absence of the Commissioner, I conferred with the governor relative to this matter, and he advised me to request you to hold the same on any other day than the 17th instant, it being a statutory holiday, and he further holds that no legal business could be held on any legal holidays.

I would therefore suggest that you set a day other than the 17th, informing this office the date of such hearing.
Mr. E.D. Baldwin will represent the Government in the matter.
Yours respectfully,
(Signed) E.S. Boyd, Secretary
page 382
The foregoing letter was received by the Commissioner of Boundaries on the 10th day of January A.D. 1901 and answered by the Commissioner on the same day as follows.

Hilo, Hawaii, January 10th 1901
E.S. Boyd, Esquire, Secretary Commission of Public Lands
Sir
I am in receipt of your favor of the 4th instant in re the hearing for the settlement of the Boundaries of the Ahupuaa of Laupahoehoe Nui.

It was a mistake setting the hearing for the 17th of January 1901, and as the witnesses are coming sic up from Honolulu and elsewhere next week, I will hold the hearing at 10 a.m. January 18th 1901.

I enclose copies of two letters from J.F. Brown, Commissioner of Public lands dated July 26, 1900, and October 13, 1900 in re boundaries & Notes of survey of Laupahoehoe Nui, received by me October 17, 1900 with the corrected Notes of Survey.

The Notes of survey were sent to me several months ago, and I got Attornies sic for applicant to refer notes of Survey to Mr. J.F. Brown, Commissioner of Public Lands, and Mr. Brown wrote letter of July 26 and handed to Kinney, Ballon & McClanahan, and they kept it and handed corrected Notes of survey to Mr. J.F. Brown, and he examined it, and wrote letter dated October 13th 1900, and Kinney, Ballon & McClanahan forwarded both of Mr. Brown´s letters and corrected Notes of survey to me.

And as I had there letters of Mr. Brown´s in my hands approving T.K. Bipi´s Notes of Survey I set time of hearing for settlement of Boundaries, without waiting for Mr. Brown to return.

So as to have the kamaaina give evidence as to boundaries, and as to T.K. Bipi´s survey, and if they prove boundaries to be the ones given in T.K. Bipi´s Notes of survey approved of by the Commissioner of Public Lands, then Certificate of Boundaries will be issued, if boundaries given by kamaaina are diffrent sic from Notes of Survey, then hearing will be continued, for the Commissioner of Public page 383 Lands to appear, and bring in evidence as to the Boundaries of land, if he wishes to, before I give my decision. Hoping everything will be satisfactory, to the Government.
I remain Yours truly,
(Signed) Rufus A. Lyman, Commissioner of boundaries 3rd & 4th Judicial Circuits, Territory of Hawaii

From Press copy Book, pages 49, 50 & 51)
This 17th day of January A.D. 1901, being a Legal Holiday and the witnesses for applicant having arrived in Hilo, the hearing is continued until 10 a.m. January 1901. January 18?
Rufus A. Lyman, Commissioner of Boundaries 3rd & 4th Circuits, Islands of Hawaii, Territory of Hawaii.

Hilo, Hawaii, January 18th 1901.
The commission of Boundaries for the Island of Hawaii met at 10 a.m. according to adjournment from the 17th instant.

Present: th ....

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.... Puukapu cuts land off.

The kamaaina said loulu tree was on boundary of Puukapu. The mark on the loulu tree is an old mark, and I do not know who made it. The Kaimu gulch is very shallow there, and ha is almost at the mauka end of it, where this loulu tree stands (Palm tree). The land of Puukapu bounds this land on the South side, cutting Laupahoehoe-nui off until you reach the bottom of the gulch named Kukui gulch.

The Kukui Gulch is boundary between Laupahoehoe-nui and land of Nakooka on the West side or side toward the District of North Kohala, and the boundary between these two lands follows the middle of the stream of water in the bottom of the Kukui gulch from land of Puukapu to the sea shore.
Cross-examined
I have lived in Honolulu about a year and came from there here.

Testimony for Applicant closed.
E.D. Baldwin on part of Government says he is satisfied that boundaries are proved to be boundaries accepted by J.F. Brown, Commissioner of Public Lands.
page 395

Decision
The Boundaries of the Land of Laupahoehoe-nui, District of Hamakua, 4th Judicial Circuit, Island of Hawaii, Territory of Hawaii, are decided by to be as given in the evidence of the kamaaina who have been examined today, and as described in the Notes of Survey corrected from Magnetic Survey of T.K. Bipi, endorsed, J.F. Brown, October 13th 1900, and that the boundary between this land Laupahoehoe-nui and Laupahoehoe-iki follow the middle of the stream of water flowing in the Kaimu gulch from sea shore to point near where (loulu) Palm Tree marked + is growing, where this land is cut off by land of Puukapu, as set forth in corrected notes of survey until you reach the bottom of the Kukui Gulch on the West side of land, and the boundary between this land and land of Nakooka follows the middle of the stream of water flowing in the bottom of the Kukui gulch from the mauka corner to the sea shore.
The sea bounds land on sea shore.
Certificate of Boundaries for Land of Laupahoehoe-nui will be issued as of today.
Rufus A. Lyman, Commissioner of Boundaries, 3rd & 4th Judicial circuits, Island of Hawaii, Territory of Hawaii

For Certificate of Boundaries see Certificate of Boundaries No. 182.
Boundary Records book No. 4, Folios 132-134 inclusive


Laupahoehoe 2 Ahupuaa, District of Hamakua, Island of Hawaii, Boundary Commission, Hawaii, Volume C, No. 4, pps. 132-134

No. 182

Certificate of Boundaries of the Land of Laupahoehoe-nui or Laupahoehoe 2, District of Hamakua, Island of Hawaii

Kalaeokekoi, Land Commission Award No. 6245, Part 2

Commission of Boundaries, 3d & 4th Judicial Circuits, Rufus A. Lyman, Esquire, Commissioner

In the Matter of the Boundaries of the land of Laupahoehoe-nui, District of Hamakua, Island of Hawaii

Judgement
An application to decide and certify the boundaries of the Land of Laupahoehoe-nui, District of Hamakua, 4th Judicial Circuit, Island of Hawaii, having been filed with me on the 27th day of June, 1900 by Elizabeth K. Booth, in accordance with the provisions of an Act to facilitate the settlement of Boundaries, now therefore, having duly received and heard all the Testimony offered in reference to the said boundaries, and having endeavored otherwise to obtain all information possible to enable me to arrive at a just decision, which will more fully appear by reference to the records of this matter by me kept in Book No. 5, page 380 to page 395 inclusive, and it appearing to my satisfaction that the true, lawful and equitable boundaries are as follows, viz.:

Commencing at a certain rock marked [triangle] close to the Pali at the gulch of Kukui, boundary between this land and land of Nakooka, and running thence along the boundary of land of Nakooka (Survey runs by Magnetic bearings)

1. North 60° 00' East 198 feet to a rock marked [triangle] at the sea shore from thence along sea shore;
2. South 71° 30' East 1500 feet to a rock marked [triangle]at the landing or stream of Hoopaukuku; thence
3. North 69° 00' East 320 feet to a big rock marked [triangle] thence
4. South 84° 00' east 1100 feet to a big rock at a point; thence
5. South 46° 00' East 2240 feet to a big rock at a red ring; [page 133]
6. South 18° 00' East 900 feet to a big rock standing in the sea straight makai of the water fall of the Kaimu stream; thence running up the Pali along the Kaimu stream 1200 feet; thence along said stream, the middle of the stream of water flowing in the Kaimu gulch being the boundary between this land and land of Laupahoehoe 1, to a point opposite and to a loulu tree marked + on the boundary of land of Puukapu, District of South Kohala, along brow of Pali of the Gulch by the following courses and distances.
7. South 21° 00' West 7920 feet to an Ohia tree close to brow of the Pali of the Gulch, marked with a cross;
8. South 25° 00' West 370 feet, thence
9. South 42° 30' West 256 feet, thence
10. South 20° 00' West 330 feet, thence
11. South 23° 00' West 1547 feet, thence
12. South 25° 00' West 562 feet, thence
13. South 61° 00' West 106 feet, thence
14. South 18° 00' West 220 feet, thence
15. South 10° 00' East 1500 feet, thence
16. South 20° 00' West 4050 feet to a certain Loulu tree marked + on the boundary of land of Puukapu, thence along land of Puukapu, toward the District of North Kohala;
17. North 84° 00' West 5500 feet to the gulch called Kukui; thence running down along this gulch, the middle of same being the boundary of this land, and land of Nakooka, to the point of commencement, at rock marked [triangle] near the Pali close to sea shore, and containing an area of Two thousand three hundred and fifty acres, more or less, excepting the kuleana awards of the people.
Corrected from Magnetic Survey made by T.K. Bipi

It is therefore adjudged, and I do hereby certify and decide that the boundaries of said land of Laupahoehoe-nui, are, and hereafter shall be as hereinbefore set forth.

Given under my hand at Hilo, Fourth Judicial Circuit, Island of Hawaii, and Territory of Hawaii, the nineteenth day of January A.D. 1901

No. 182, Laupahoehoe 2 (Nui) Ahupuaa, District of Hamakua, Island of Hawaii, Boundary Commission, 2350 acres, 1901