Boundary Commission

1899 174 Cleghorn, A.S.
Certification: 174
Ahupua`a Pololu
District: Kohala, North
Island Hawaii
Ownership: Cleghorn, A.S.
Misc:
Year: 1899
Statistics: 23562 characters 3993 words
Pa-u Ili, Pololu Ahupuaa, District of North Kohala, Island of Hawaii, Boundary Commission, Island of Hawaii, Volume D, No. 5, pps 226-237

The Ili aina Pa-u ili of the Ahupuaa of Pololu, District of North Kohala, Island of Hawaii, 3d Judicial Circuit

#8452 Land Commission Award to A. Keohokalole, Apana 13

Hilo, Hawaii, February 14, 1899
The Commission of Boundaries for the third and fourth Judicial Circuits, Island of Hawaii met at the Office of the department Sheriff of Hawaii

A.B. Loebenstien, attorney for A.S. Cleghorn appeared on the part of the Applicant and read the following Petition.

Hilo, Hawaiian Islands, October 6th 1898
R.A. Lyman, Esquire, Commissioner boundaries, 3d & 4th Circuits
Dear Sir:
Acting under instruction of the Honorable A.S. Cleghorn, I hereby apply for a settlement of the boundaries of the ili of Pa-u, Land Commission Award 8452 to Keohokalole, situate within the Ahupuaa of Pololu in the District of North Kohala, Island of Hawaii, and for the appointment of a day on which to take evidence in the same.

The only other land adjacent to said ili of Pa-u, so far as at present know to me is the aforesaid land of Pololu owned by the Hawaiian Government.
I have the honor, Sir, to remain
Yours Respectfully
(Signed) A.B. Loebenstien
Attorney for A.S. Cleghorn
Filed October 6, 1898

The following notice was served by mail on J.F. brown, Agent of Public lands

Hilo, Hawaii, October 17th 1898
J.F. Brown, Esquire, Agent of Public Lands
Sir:
I hereby notify you that A.B. Loebenstien, attorney for A.S. Cleghorn, to settle the [page 227] boundaries of the Ili aina Pau, an ili aina of Pololu, North Kohala, Hawaii.

The hearing in this matter is set for 10 a.m. December 12 1898 at the North Kohala Hawaiian Court house. The Hawaiian Government owns the Ahupuaa of Pololu.

Please to authorise some one to look after the interests of the Government in this case, and also in the Onomea & Paukaa hearings.
I remain Yours truly
(Signed) R.A. Lyman, Commissioner of Boundaries, Hawaii, 3d & 4th Judicial Circuits
(C.R No. 108) [?]

The following reply was received December 7, 1898.
Commission of Public Lands
Honolulu, Hawaiian Islands, December 5, 1898
R.A. Lyman, Esquire, Hilo, Hawaii,
Dear Sir:
I would acknowledge receipt of yours of the 2d notifying me of the change of dates for the hearing of several boundary cases.

I also note the date December 12th for settlement of the boundary of Ili aina of Pau in Pololu, Kohala, and will see that the Government is represented at such time.
(Signed) J.F. Brown, Agent of Public Lands

The following is the portion of letter of December 2d 1898 referred to in J.F. Brown's letter of December 5, 1898

Hilo, Hawaii, December 2d, 1898
J.F. Brown, Esquire, Agent of Public Lands
Dear Sir:
I am in receipt of your favor of the 27th instant &c &c &c. [page 228] &c. &c.

I have a hearing at Court House North Kohala, Hawaii at 10 a.m. December 12th 1898 to settle the boundaries of Ili aina Pau, an Ili of Crown land, Pololu, owned by A.S. Cleghorn.

You will please to appoint some one to look after interests of Government at that hearing.
Remain Yours truly,
(Signed) Rufus A. Lyman, Commissioner of Boundaries, 3d & 4th Judicial Circuits, Hawaii Islands
(C.B. p. 132)

The following notice was also published in the Hilo Tribune for three weeks in the English Language, and also in the Hawaiian Language in the Hawaii Herald for three weeks.

Notice
Commissioner of Boundaries
Notice is hereby given that A.B. Loebenstien, Attorney for A.S. Cleghorn, has this day filed application for the settlement of the boundaries of the Ili Aina, Pau, situated at Pololu, North Kohala, island of Hawaii, Third Judicial Circuit, and asks that the certificate of boundaries of said land be issued. It is therefore ordered that all parties interested in the boundaries of said land Pau, appear before me at 10 a.m. December 12th, 1898 at the Court House, North Kohala, Hawaii, and show cause, if any, why said petition should not be granted.
Rufus A. Lyman, Commissioner of Boundaries, Island of Hawaii, Third and Fourth Judicial Circuits, Hilo, Hawaii, October 6, 1898

[Photocopies of England and Hawaiian newspaper clippings; the English is as above, the Hawaiian is as follows]

Hoolaha a ke Komisina Palena Aina
Oiai ua waiho la mai ha palapala Noi kupono i hana la ....

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.... Pa-u mauka in the Valley, so the witnesses told me.

I should judge that it is about an acre in extent, but I did not think it worth while to look it up, but left it to revert to owners of Ahupuaa Pololu.
Cross-examined

[page 237]
Decision
The boundaries of Pa-u, an ili aina of the Ahupuaa of Pololu, situate in the District of North Kohala, Island of Hawaii, 3d Judicial Circuit, Hawaiian islands, are decided to be as set forth in the evidence of Kauai, wahine and Pupuka, kane, and the Notes of Surveymade by A.B. Loebenstien and filed this 14th day of February, A.D. 1899, and the Certificate of Boundaries will be issued and dated as of today.
Rufus A. Lyman, Commissioner of Boundaries, 3d & 4th Judicial Circuits, Island of Hawaii.

For Certificate of Boundaries, see No. 174, Book C, No. 4, Folio 101-

(33 [?] folio]


Pa-u Ili, Pololu Ahupuaa, District of North Kohala, Island of Hawaii, Boundary Commission, Island of Hawaii, Volume C, No. 4, pps 101-102

No. 174

Certificate of Boundaries of the Land of Pa-u, Ili of Ahupuaa of Pololu, District of North Kohala, Island of Hawaii

A. Keohokalole, Land Commission Award No. 8452, Apana 13

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

In the matter of the Boundaries of the land of Pa-u, Ili of Pololu, District of North Kohala, Island of Hawaii, 3rd Judicial Circuit

Judgment
An application to decide and certify the Boundaries of the land of Pa-u, District of North Kohala, Island of Hawaii, having been filed with me on the 6th day of October 1898 by A.B. Loebenstein, attorney for A.S. Cleghorn 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 sand 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 the matter, by me kept in Book No. 5, pages 226 to 237 and it appearing to my satisfaction that the true lawful and equitable boundaries are as follows, viz:

As surveyed by A.B. Loebenstein

Beginning at East angle to a sea beach above high water mark at stone marked [triangle with dot in center] which bears from the stone K.P. at Kapili, the common angle at the sea coast of the lands of Pololu and Honokanenui, North 47° 39' West (true) distant 8.67 feet, the boundary runs by the true meridian.

1. South 21° 39' west 482 feet along Pololu to stone marked [circle with dot in center] on top of sand hill.
2. South 8° 5' West 362 feet along Pololu to stone marked X at foot of slope;
3. South 34° 02' West 76 feet along Pololu to stone marked X in path;
4. South 30° 29' West 576 feet along Pololu to stone marked X in path;
5. South 24° 01' West 211 feet along Pololu to stone marked X in path at place called Kanekukui; [page 102]
6. North 73° 50' West 412 feet along Pololu to kukui tree marked [triangle] and stone X at Lania;
7. North 78° 57' West 496 feet along Pololu to stone marked X at end of stone wall by foot of pali called Kahaakea;
8. North 23° 11' East 1129 feet along Pololu following the meander of the foot of the pali to Lehelehuhi;
9. North 29° 15' East 998 feet along Pololu following the meander of the foot of the pali to stone X in path at place called Pailoa;
10. North 34° 47' East 972 feet along Pololu following the meander of the foot of the pali to stone marked XX at point of sea beach above high water mark called "Pohakukumaha,"
11. South 27° 50' East 887 feet the boundary following the windings of the sea beach at high water mark to point of commencement and containing an area of 58.5 acres more or less.

It is therefore adjudged, and I do hereby certify and decide that the Boundaries of the said Ili aina Pa-u, are and hereafter shall be as hereinbefore set forth.

Given under my hand at Hilo, Island of Hawaii, the Fourteenth day of February, A.D. One thousand eight hundred and ninety-nine.
Rufus A. Lyman, Commissioner of Boundaries, Island of Hawaii, Third & Fourth Judicial Circuits, Hawaiian Islands

For Petition See Book D, Folio 226
For Evidence See Book D, Folio 226-236.
For Decision see Book D, Folio 237

[No. 174, Pa-u Ili, Pololu Ahupuaa, District of North Kohala, Island of Hawaii, Boundary Commission, 58.5 acres, 1899]