The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1862-10-16
AN ACT
TO PROVIDE FOR THE APPOINTMENT
BOUNDARY COMMISSIONERS.

hNh liz a. lLANI OE
BOUNDARY COMMISSIONERS.
WHEREAs, The boundaries of the majority OF the
nhupuaa and ills of land in this Kingdom are not
defined by authority, and whereas. it is necessary
for the interest Of the present and future owners
OF said lands that the boundaries Of the same
should be settled before the requisite testimony Of
witnesses shall be lost by reason of death There
fore,
Be 1T ESAc ED. BY the King, the .No5Ees and Re
preseHiatiUes Of the HqraItaa LIands, in Legis-
iaftce Council assembled:
SECTION l.. That n s. Commission of Boundaries
be and is hereby established, to continue for the term
Of five years from the passage of this Act, said Com
mission 10 consist of two persons in each OF the
Gubernatorial districts for which they are appointed.
SECTION 2. 1t shall be the duty of the Minister
OF the Interior, by and with the approval of his
Majesty the King, TO appoint, on the passage Of this
Act, sail Commissioners. tn hold office during his
pleasure, and he shall have power to fill vacancies
caused by death, removal, or any other cause.
Section q. All owners of ahupuaas and ills of
land within this Kingdom whose lands have not been
awarded by the land Commissioners, patented or
conveyed by deed from the King, by boundaries
described in such award, patent or deed, are hereby
required, within four years from the passage OF this
Act, 10 file with the Commissioners Of the district in
which the land Is situate, an application to have the
boundaries of said land decided and certified to by
the Commissioners. The application shall state the
name Of the land, the names Of the adjoining lands,
and the names Of the owners of the same, where
known, and 1t shall also contain n general description,
by survey or otherwise, OF the boundaries as claimed.
SECTION 4. IL shall be the duty Of said Commits
sioners. on the receipt of such application as above,
20 notify the owner or owners OF the land and also
those OF the lands adjoining, of the time when they
will be prepared to hear their case. They shall re-
ceive at such hearing all the testimony offered, shall
90 on The ground whsn required by either party, and
shall endeayor otherwise 10 obtain all information
possible, 10 enable them TO arrive at a just decision as
10 the boundaries of said lands.
Upon giving n decision the Commissioners shall
therein describe the boundaries decided on, by sur
vey, by natural typographical features, or by per-
muCGut boundary marks. or narflv nv pach and
they shall have the power to order such surveys and
marks TO be made or erected as they may consider
necessary, at the expense Of the parties in interest,
but they shall IN no case alter any boundary describ-
ell by survey in Royal Patent, in Deed from the
King, or in Land Commission award.
SECTION 5. II the said Commissioners cannot
agree. then the Police or District Justice Of the dis
trict IN which the disputed boundary is situate, or
the nearest Police or District Justice, where the dis
puted boundary Is also the boundary between dis
tEicts, shall be umpire, and his decision shall be final
as between them.
SECTION 6. Any party deemipg himself agarievei
by the decision Of the Commissioners NAV appeal
therefrom to the Circuit Court of the island or If the
controversy Is IN the island Of Oahu, 10 the Supreme
Court, which Circuit or Supreme Court shall hear
aud determine the 1se 80 in banco;" provided. how
ever, that any party DESTROYS Of so appealing. shall
give notice Of the same 70 the Commissioners within
sixty days after the rem ition of their decision, and
further provided. that any land owner absent from
the Kingdom and not represented By an authorized
agent within the Kingdom, shall have the right of
appeal for one ear from the rendition Of said deci-
sion.
SECTION Z. Whenever any party shall apreal
from the decision Of the Commissioners as provided
in the last preceding section, il shall be the duty Of
the Commissioners 10 send up q statement Of the case,
together with a copy Of their decision, to the Court
20 which the appeal has been taken.
Section s The Commissioner shall receive the
sum Of i've dollars each for each and everT day thew
shall be employed in settling any such boundaries,
two dollars for each certificate granted. and fifty
cents for every hundred words contained in the de
scription IN said certificate.
Section 9. Ibe said Commissioners shall have
the like power to administer oaths. to punish con-
tempts, to grant adjOuTnments. to subpoena and com
rel the attendance of witnesses. and issue executions
for costs, rs is conferred by law upon Police Courts.
SECToS 10. The Minister Of the Interior is not
authorized, and IS hereby forbidden. to issue any
patent, from and after the passage Of this Act, in
confirmation Of an award by name made by the Com
missIOners to Quiet Land Titles, without the bounda-
ries being defined IN such patent, according to the
decision Of the Commissioners, as provided BIZ this
Act.
SECTION IL The said Commissioners shall keep a
correct record Of their proceedings in books to be
furnished them by the Minister of the Interior, which
records, at the Gloss OF their commission, shall be
returned to be said Minister for preservation.
SECTION II. The certificates of the Commission
shall be made on stamped paper, furnished by the
Minister OF the Interior, and the Commissioners
shall collect and account TO the Minister Of the In
terror, for the benefit OF the Royal Exchequer, one
dollar for each stamped certificate issued by them.
SECTION 10. This Act shall take effect aud become
q law from and after the date of its publication.
RA~NFHAMEHA
Ra4Erxayu.