DAMON V. HAWAII, 194 U. S. 154 (1904)

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U.S. Supreme Court

Damon v. Hawaii, 194 U.S. 154 (1904)

Damon v. Hawaii

No. 207

Argued April 12, 1904

Decided April 25, 1904

194 U.S. 154


A general law may grant titles as well as a special law.

The act of Hawaii of 1846, "of Public and Private Rights of Piscary," together with royal grants previously made, created and confirmed rights in favor of landlords in adjacent fishing grounds within the reef or one mile to seaward which were vested rights within the saving clause in the organic act of the Territory repealing all laws of the Republic of Hawaii conferring exclusive fishing rights.

A statement in a patent of an apuhuaa in Hawaii that "a fishing right is also attached to this land in the adjoining sea" and giving the boundaries thereof, passes the fishery right even if the habendum refers only to the above granted land.

The facts are stated in the opinion of the court.

Page 194 U. S. 157

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