The following is the boundaries of Kaulu in Honouliuli from the Boundary Commission records.
Kaulu or Coneyville, Sept. 11th 1873
This day in company with Professor Alexander, who is surveying the land went about the boundary in part tracing it, in part looking at natural boundaries. Mr. Coney also in company. Adjacent owners not summoned, this being preliminary.
Sept. 12th Kaulu
The proper name of the locality of the premises on tract, now occupied by Mr. Coney & family is Kaulu.
Beginning at this the boundary along Hoaeae, already surveyed and awarded accordingly will be easily ascertained.
Honouliuli cuts off Hoaeae at top; then runs along Pouhala which is a part of Waikele. The lower part of a crown land, unsettled, for which application is made, and which is to be surveyed by Alexander. It is now understood by surveyor & the petitioner that Waikakalaua, which was claimed as the 4th portion of boundary does not come to Honouliuli but that Pouhala, Honouliuli and Waianae come together in the gulch called by us “Waieli” from the pool or bathing place dug for ______ [blank]. Thence the boundary of this land is along Nanakuli of Waianae, the boundary of which has been settled by the B. C.
Court House, Honolulu,
Dec. 30th 1873, 11 A.M.
Hearing assigned for this date and notices issued to Govr. Dominis for Crown Lands; Jas. Robinson for Hoaeae; J. Komoikehuehu for Waipio; A. F. Judd for John Ii Estate; H. A. Widemann for Halawa, of Queen Emma; J. H. Coney, agent for the petitioner; R. H. Stanley, attry. for petitioner; Chas. R. Bishop, agent for Kapepa, heir of Nakuepa; A. W. Pierce for Puuloa.
Present: J. H. Coney; Komoikehuehu; Kapepa heir of Nakuepa for land & sea of Hanohano; Chas. R. Bishop, R. H. Stanley, Miss Robinson; H. A. Widemann; A. F. Judd.
The petitioner submits as the basis of description of this land and its adjacent kai, a new survey and map executed by Professor Alexander.1
The following are the results of the hearing. The landowners of Honouliuli state their claims for boundaries of their lands.
H. A. Widemann for Halawa, assents to the line of the Halawa fishery as laid down on the Alexander map. Running through the middle of the channel at the entrance of Pearl River.
C. R. Bishop for Waipio claims a shore fishery not laid off on the Alexander map. Will have it surveyed by Mr. Alexander.
A. F. Judd, for Estate of John Ii, says that the Estate does not appear to border on Honouliuli; that Auwaiole belongs by devise to Komoikehuehu
W. D. Alexander, sworn, Is Govt. Surveyor, made the survey of Honouliuli for Mrs. Haalelea, Coney agent. This is the plot of the survey. In making it the principal kamaaina was Kaopala, brother of the former Luna of H. [Honouliuli] under Haalelea on boundary between H. and Waianae. I had the widow of Kuahele. Kamaaina of Popouwela, whose testimony agreed with Kaopala, also Kihei K. who went with me, particularly on the b. [border] of Hoaeae. On Pouhala I had the present Konohiki, Kulukulu, now resident there. Also Kanehalau, a kamaaina of Pouhala. Also Thos. Meek.
In regard to Hoaeae I followed the original survey made by Metcalf, which is incorporated in the Award of Hoaeae. I have made this survey and map to accord with the Hoaeae line. I had Metcalf’s original field book, March 29th 1848.
Followed the land in the same order. The point of commencement is Pohaku palahalaha, a well-known rock, now marked by an arrow and the name “Honouliuli” on one side and Hoaeae on the other, which I have made the initial point of this survey. I verified this by several courses & measurements.
Thence laid the line accordingly along Hoaeae to Pouhala.
Mr. Robinson says he is satisfied this conforms to their line. Note: Lower Pouhala is controlled by survey in R. P. No. 4486 made by J. H. Sleeper. I could not find the marks referred to in the survey. The stone was said to have been marked only with a man’s spur, marks on kukui trees have perished. The R. P. for Pouhala & the award for Hoaeae overlap each other seriously, but that is not material to this survey.
My survey substantially agrees with that in R. P. 4486, and the two maps mine & that made by Sleeper show it. The kamaainas took me to the corner of Pouhala, Hoaeae and Honouliuli; there is an ancient holua or sliding place near this, which is agreed to be the ancient corner.2
I marked a flat rock at that point.
From Lower Pouhala the line runs along upper Pouhala, the property of Crown Lands, to Waianae. In this I consulted all the kamaainas. I also surveyed Pouhala for the Crown Commissioners and made the map of Pouhala for them. I was authorized by the Comm. to represent the crown in fixing this line, and now appear for Pouhala.
The line runs nearly straight, following for the most part the ancient road; where it crosses the Waieli gulch is a remarkable looking rock marked by me. This line is settled as here surveyed. A post, granite, is at the corner of Pouhala, Waianae & Honouliuli.
Thence along Waianae, determined by W. P. Kamakau, the Boundary Commissioner. I had a copy of his award, and followed it as near as his description permitted. It takes along the far side of the Waieli gulch to the “houses of Kuhau ma” where it crosses the gulch. It follows an ancient path, thence up spur to Hapapa peak. Thence along the mountain range, an unmistakable line, conforming with Kamakau’s award, to three round hills, Manawahua on boundary of Nanakuli, I had here a survey of William Webster of Nanakuli, the award conforms to this survey, and my survey to both of them; The line is defined along Nanakuli; nearly to the sea by ridge of mountains and from its termination to a point on the sea coast, at end of old stone wall.
Mr. Robinson, as lessee of Nanakuli & Mr. Alexander on the part of Crown, agree on this part of the line. The point is called Kalanimua, in the award of Waianae.
Thence the line of Honouliuli follows the coast, to the mouth of Pearl River; thence up the line of the loch to where the pali comes up to the sea just South of the Kuleana of Koulua, which is the site of the residence of Coney, formerly Monsarratt’s, [sic] from thence up to the point of commencement, agreeing with the Metcalf survey.
Fishery of Hoaeae. The testimony of the kamaainas is that the fishery extends to the depth of a man’s chin, opposite this land. Mr. Robinson & Mr. Coney agree to this and that outside of that the fishery belongs to Honouliuli. The award of Hoaeae does not include the Kai. The makai, cultivated part of Hoaeae and the Kai or fishery were granted to Namauu by R. P. 4490 for M. Kekuanaoa. The survey by A. Bishop is not copied into the R. Patent; the Patent being without metes & bounds.
The red line indicating the fishery of Hoaeae, conforms to Mr. Bishop’s survey, and is agreed to by Mr. Robinson as representing their rights of fishing.
Next is the Kai of Apokaa which is a lele of Hanohano. The petitioner claims to within neck deep of the shore, along this, as far as to point marked “Miki” on the map, but the line of this “neck deep” water has not yet been defined by survey.
Wit. From “Laeokane” a point in Miki, this survey follows & conforms to the boundary laid down in R. P. No. 4524 to Namahana, of Auiole, an Ili of Waikele. This patent describes as going to “Kahakai” and the plot on the patent bounds it by the “Kai of Honouliuli”. This patent terminates at boundary of Waipio & Auwiole [sic]; From thence I followed the authority of a map of Waipio & notes of Bishop. (Waipio has been awarded by survey, following on the coast Pookela Point, the terminus of peninsula, not giving on the map any Kai to the peninsula, “Anemoku” of Waipio, as I found none designated in the notes.) From thence the line is midway of channel between this and Halawa (consented to above).
My accompanying notes of survey correspond with this plot and my testimony as given; though I have not described the fishery. My notes and survey follow the line of the shore.
Kukahiko, K. Sworn
I was born at Honouliuli, an ahupuaa on Oahu; born in 1810. Know boundaries; am kamaaina of the land and sea. I know Papapuhi. I belong there. It is a cape, the division of Hoaeae & Honouliuli. (Wit. points it out). The fishery opposite Hoaeae where a man can stand belongs to Hoaeae, and outside is deep water is Honouliuli, and so on, the shore water belongs to the land & the deep water of Honouliuli, till you come to Kalaeokane, a village Kupalii, which is a point of division between Honouliuli & Waikele, in assessing the ancient tax, putting houses on the line so as to evade both. Thence the line ran on the edge of the shore, giving no water to Auiole. The line of Honouliuli cutting across the land to Panau. There the people would cross from side to side to escape tax of either land. There the whole Kai, of Homaikaia belonged to Waipio.
Along the coast to Pili o Kahi [Pili o Kahe] joining Nanakuli is all Honouliuli.
X Kimo. There is a Kai to Kapuna, which is a portion of Honouliuli, and not of Auiole. In ancient times not a division of the fish caught by the Kolo, but latterly John Ii secured a division. I belonged at Honouliuli, not at Kapuna. The Kai mauka of Kaulu belongs to Waipio. The Kai below, the Moana belonged to Honouliuli. Heard that in shallow places it belonged to Waipio.
Hanama sworn - for petitioner
Was born at Hilo, know land of Honouliuli. Have lived on it now and then a year & some months, with Haalelea. I am 37 years old. I know the boundaries from Kauhi, a kamaaina, who died three months ago. Kauhi was a makua of Haalelea’s, was of age of last witness. I, Kalaauala, Kamakani & Haalelea went around boundary with Kauhi, beginning at Pili o Kahi, which he pointed out as the division of Nanakuli & Honouliuli. We stopped there three days; thence we came to Waimanalo, a river on coast & stayed one day; thence to Kolina, thence to Kualakai, thence to Kauela, stayed there a week, thence to Keahi; thence to Puuloa. There then was a conversation with Haalelea. Kauhi told Haalelea that ½ the moana was Honouliuli & ½ Halawa. Haalelea inquired why ½ was lele to Halawa.
Kauhi said that Halawa & Honouliuli were lands joining at their heads at the sea, that the lae of Halakahi belonged to Honouliuli & not to Halawa. X [cross examined] This progress was made in 1856, coming to Pookala. Kauhi said that Waipio took the shallow water & Honouliuli the deep, to Kaulu, that on the West side the Kai belonged to Honouliuli, and on the East side to other lands, coming to Panau. The Kai of those places belonged to Honouliuli, thence to Kapuna. Honouliuli anciently took the cape & thence turned. [illegible] That from there to Miki was all Honouliuli, not mentioning any kai for that shore.
X by Kimo: The same people went all round. They are all dead but me. We went to Kapuna, Kauhi said it was Honouliuli.
At 5 p.m. adjourned — to 31st 1873
Dec. 31st. Present: Coney, Stanley, Judd, Kimo.
Mr. Judd submits that it is not within the jurisdiction of the Commissioner to award as territory, the sea or inland waters, defining only the land, and leaving fishing rights as appurtenances to be regulated by law.
Mr. Stanley contra. The point is reserved for argument and consideration.
Prof. Alexander gives a mem. from Vol. 10 p. 59 of L. Com Awards, from the award of Keahua, where the part of the survey including the fishery was expressly excluded by the Commissioners, and the party was referred to his right at law.
Considerations respecting Award of Fishery.
The petitioner for settlement of boundaries of Honouliuli asks that the fishing rights in “Pearl River” be determined and certified.
The Attorney General advised the Commissioner not to include such rights in the certificate, confining the award to the shore line and leaving fishing rights to the provisions of the Statute.
As the duty of the Commissioner is supplementary to the work of the “Board of Com’s to Quiet Land titles,” determining the boundaries of what they awarded by name only, the principles and rules adopted by them, and powers granted to them, and their practice together with subsequent statutes or decisions of the Supreme Court will in respect to boundaries form a rule for the Comr of Boundaries.
The Board cite among certain questions to be decided “Water privileges and rights of piscary” page 90, Vol. II of Stat. Laws, and page 109 Vol. I, on the same clause they speak of rights of primogeniture, rights of adoption &c. It is obvious that the Board could have entertained such matters only in a collateral and incidental way, and only in making the award, not in the boundary of what was awarded, and therefore little or no authority can be derived thence to the B. Cr.
There is no question that the treatment of rights to fish ponds and such enclosed spaces of the edge of the sea bays &c was as land to be surveyed and awarded as dry land. There is as to such tracts covered with water, not a mere right of fishing but a sole and exclusive ownership. Sec. 384 Civil Code.
As to the general sea coast both near the shore and beyond the reef there may be rights of piscary but there are statutes which regulate them. In Oni v. Meek and in Haalelea vs. Montgomery this is expressly held, and parties are remitted to their rights under them.
The present case is a claim of right of piscary over a navigable bay or loch perhaps unlike any other in the Kingdom, and is a claim of exclusive fishing right as to the whole of a certain branch of this loch of the part lying outside of a line “chin deep” opposite the other lands situate on this branch. It is distinguishable from the right claimed and by statute given to Konohikis with certain prescribed reservations. Civ. Code Sec. 387-92 being a claim as a private and exclusive fishery as completely as that within the “chin deep” line, is claimed for the lands adjacent.
I find in repeated instances that the Board declined to award and define piscary rights, leaving parties to their rights under general statutes, e.g. in the award to Keahua, Vol. 10, p. 59, where the fishing right was surveyed and included in the land asked for, the Board expressly refused to award this portion of the survey, remitting the claimant to the law, endorsing this refusal both on the notes of survey in the award and on the accompanying plot, and no instances of a customary practice are shown to me.
Upon due consideration of the premise, I decline to award the fishery of Honouliuli as a right or as territory, but deeming it of importance that all rights depending on kamaaina testimony be now settled as far as may be, and knowing of no better place than the records of the Boundary Commissioner for the preservation of such claims, I take the testimony offered on the subject and make such a supplementary finding as such testimony warrants.
Award No. 4
Office of the Commissioner of Boundaries of Oahu
In the Matter of the application of Mrs. A. Haalelea for settlement of the boundaries of the Ahupuaa of Honouliuli, Ewa.
Proper application having been made, as above, and notice having been given to all parties concerned the matter came on to be heard at the Court House in Honolulu on the 30th day of December A.D. 1873, and from the proofs taken I find the boundaries of the said Ahupuaa of Honouliuli as follows, to wit:
Beginning at a large flat rock known as Pohaku Palahalaha, a well-known rock now marked by an arrow and the name “Honouliuli” on one side and Hoaeae on the other, from which the Govt. Survey Trig. station near Kaulu bears S. 38° 48’ E. the boundary runs
1. S. 38° 16’ E. 2875 feet along Hoaeae, to a red wood post 375 feet beyond the Govt. road near the brink of a gulch;
2. S. 36° 06’ east 3703 feet to a point adjoining the west corner of Royal Patent 778 in Kaulu;
3. Along the brink of the Pali to a point opposite a red wood post which bears S. 54° 28’ E. 895 feet from the last corner where land Hoaeae begins:
4. Beginning again at Pohaku Palahalaha N. 21° 21’ W. 2035 ft. to a pile of stones; along
5. Hoaeae, thence N. 22° 3’ W. 4686 ft. along do. to a red post, and thence
6. N. 23° 46’ W. 6422 ft. to red wood post, and
7. N. 35° 32’ W. 4410 ft. to red wood post by an old Kukui tree adjoining Hoaeae;
8. N. 20° 33’ W. 4237 ft. across Ekahanui Gulch to a granite post at the N.W. corner of Hoaeae; thence
9. N. 41° 18’ E. 2990 ft. to a red wood post, still along Hoaeae;
10. N. 43° 36 ½ ft. to a marked rock at the head of an ancient “holua” near the junction of the Poliwai with the Manawaielelu gulch on the boundary between Hoaeae & Pouhala, thence;
11. N. 16° 49’ W. 265 ft. along Lower Pouhala as per Royal Patent No. 4486, to a marked stone post; thence
12. N. 14° 24’ W. 2057 ft. along Pouhala to a marked stone &
13. N. 31° 36’ W. 1090 ft. to a large flat rock at the N.W. corner of R. Pat. 4486;
14. N. 26° 43’ W. 4587 ft. along upper Pouhala to a marked stone, and thence—
15. N. 15° 44’ W. 2467 ft. to brink of the Kawaieli gulch by the road— thence—
16. North 11° 52’ W. 1363 ft. across the Kawaieli gulch to a granite post which is the corner of Honouliuli, Pouhala & Waianae uka—thence—
17. N. 67° 44’ W. 4406 ft. to a red wood post along Waianae and thence—
18. N. 86° 58’ W. 3339 feet (along an old path called Mookapu) adjoining Waianae uka to a red wood post and thence
19. S. 60° 49’ W. 1677 ft. along Waianae uka to a post & thence
20. S. 27° 07’ W. 762 ft. across the Kawaieli gulch to a marked stone where Kuhau’s house formerly stood—thence—
21. S. 47° 14’ W. 8660 ft. up a ridge to the summit of Kahapapa thence along the summits of the mountain range which separates this land from Waianae;
22. S. 30° 36’ E. 5709 ft.
23. S. 12° 37’ W. 5190 ft. to Puu Kuua—thence
24. S. 3° 4’ W. 9367 ft. along the ridge
25. S. 9° 35’ E. 4505 ft. to Mauna Kapu, thence—
26. S. 22° 31’ W. 6219 ft. to a red wood post on Manawahua, which bears N. 77° 44’ W. from the Honouliuli Trig. Station near Kaulu, and
27. S. 63° 16 ½’ W. 9115 feet along Nanakuli to a pile of stones on the ridge and thence—
28. S. 44° 47’ W. 3200 ft. along Nanakuli to the Pili o Kahe, to a marked rock at the end of a stone wall by the road on the shore—thence
29. S. 20° 53’ E. 28,175 feet along the sea to Laeloa or Barber’s Point and thence
30. N. 82° 56’ E. 28,641 feet along the sea to a large pile of stones in Oneula—thence—
[side note] Amended by new course [illegible]
31. N. 41° 97’ E. 20,920 feet along the land of Puuloa conveyed to Isaac Montgomery by Kekauonohi, September 7th 1849 to a large pile of stones at the Lae o Kahuka
32. Thence the boundary follows the shore to the point mentioned above where the land of Hoaeae begins, includeing an Area of Forty Thousand, Six hundred and forty (40,640) acres more or less.
43,250 acres including Puuloa
The bearings given in above survey are the true bearings, the mean declination of the magnetic needle being 9 ¼° East.
Fishing Right of Honouliuli in Pearl Loch
For reasons set forth at large in the record of the Commissioner, the Fishing Right is not awarded in the body of the Certificate of boundaries, but the finding of the Commissioner on the testimony presented, as well as by the assent of parties adjacent and in interest is set forth in this Supplement as follows, to wit.
The Fishing Right of Honouliuli covers the whole of “West Loch,” with the reservation to Hoaeae, Waikele (Exhibit the Ili of Auiole) and Waipio of the fishing opposite each to where the water is “chin deep” to a man, say five and one half feet deep, also cutting off the bight or inlet where the boundary of Waipio and Waikele cuts across to Kaulu constituting the “Fishery of Hoomakaia.” The channel at the entrance of the Loch, as far up as Pookela point is divided equally between Honouliuli & Halawa.
Note: The map of survey presented by the petitioner is the one executed by Prof. W. D. Alexander in the year 1873, and the award made conforms to said map.
In witness whereof I have hereunto set my hand at Honolulu, this 22d day of January A.D. 1874.
Commissioner of Boundaries, Oahu.
Honolulu, November 5th 1874
The petitioner in this case further asking that “Puuloa” a part or ili of this land, sold from it to Isaac Montgomery be included in this certificate and the proofs for this purpose being already of record, and this original certificate not yet issued.
I do hereby supplement the same, as follows
viz. Instead of Course 31 as above, read thus
31. Oneula to Puuloa trig Station, at windmill N. 69° 41’ E. 18720 ft; thence along shore to stone pillar at Kahuka N. 22° 20’ W. 10010 ft.
Area of Puuloa 2610 acres
Total area of Honouliuli 43,250 acres
Comr. of Boundaries.
1District of Ewa, Island of Oahu, Boundary Commission Volume 1, p. 218.
2Ahupuaa of Honouliuli, District of Ewa, Island of Oahu, Boundary Commission Volume 1, p. 243–251.