The Hawaiian Gazette

Waialua
Alluvion
A trespass case important in its ultimate
bearings was decided by Police
Justice Dayton on Wednesday. It turned
upon the point of ownership in the accretion
of land, to property of unambiguous
title, by the action of the sea. From the
evidence the following statement of the
case is made. Mr. Robert Halstead,
proprietor of Waialua plantation, held
certain of his lands to the sea. By the
action of the waves a considerable area
known in law as "accretion" or "alluvion"—was added to the territory. The
proprietor had the fences extended to
meet the ocean. Mr. James Gay, neighbor of the gentleman above-named, had
occasion to transport some freight from
the beach beyond Mr. Halstead's property. It was a long way around to the
gates leading to the landing, and Mr.
Gay, without asking permission of the
presumptive owner of the alluvion, lowered the fence rails and took his freight
home by the short cut. Mr. Halstead
demurred to the liberty thus taken and,
failing to get satisfaction, employed Mr.
Castle as attorney to sue for $200 damages. Mr. Gay defended against the action, employing Mr. Hartwell as attorney. Counsel for defendant stated at
the trial that the amount of damages was
only nominal. He only asked for judgment upon the matter of right, which
would be accepted without pecuniary
damages. To make the case perfectly
clear categorical questions were drawn
up by counsel and answered by the parties. Justice Dayton gave judgment for
plaintiff in the sum of one dollar and
costs. An appeal was thereupon noted
to the Supreme Court, which, if prosecuted by the defendant, will lead to a
final settlement of the question involved.
This will be valuable as a precedent in
the absence of legislation defining alluvial rights specifically. In one or more
of the Australian Colonies land is only
sold to a line within a certain distance of
the actual sea front, the Government reserving the entire coast for navigation
facilities and improvements.