The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1868-07-08
AN ACT

| To facilitate the settlement of Boundaries, by
the appointment of Commits sioners and ex-
tend the term of the Commission of Boun-
diaries, established by an Act approved 23d
August, 1862.
BE IT ENACTED, By the King and the Legisia.
! tire Assembly Of the HopdiiGn Islands, in
the Legislature Of the Kingdom assembled:
| SEC. l. That the term of the continuance of
the Commission of Boundaries, established by
an Act, approved on the 23d day of August,
1862, be and the same is hereby extended to
the 23d day Of August, 1874
SEC 2. 1t shall be the duty of the Minister
of the Interior, by and with the approval of
His Majesty the King, from and after the date
of the passage of this act. TO appoint one or
more Commissioners of Boundaries, to hold
Office during his pleasure, but in no case shall
any Judge of the Supreme Court be appointed
such Commissioner; and he shall have power
to fill vacancy caused by death. removal, or
other cause. There shall not be more than
one Commissioner for each Judicial Circuit,
and the same person may be appointed for
one or more Circuits. H
SEC. 3. That the time allowed to the owners
of Ahupuaas and Lis Of land for filing their
applications to have the boundaries of their
land decided, and certified by the Commission
ers of Boundaries, be and the same is hereby
extended to the 23d day of August, 1873.
SEC. 4. 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 His Majes-
ty the King, by boundaries decided in such
award, patent, or deed, are hereby required
within five years from the 23d day of August,
1868. to file with the Commissioner of Boun-
daries for the Circuit in which the land is sit
IL a. L. =
of said land decided and certified to by said
Commissioner, or his successor in office. The
application shall state the name of the land
the names of the adjoining land or lands, and
the names of the owners of the same where
known, and it shall also contain a general des-
cription, by survey or otherwise, of the boun-
diaries as claimed.
SEC. 5. 1t shall be the duty of the Commits
sioner, on receipt of such application as above
provided, to notify the owner or owners of the
land. and also those of the land adjoining, of
the time when he will be prepared to hear their
case The Commissioner shall receive at such
hearing, all the testimony offered shall go
on the ground when requested by either party,
and shall endeavor otherwise to obtain all in
formation possible to enable him to arrive at a
just decision as to the boundaries Of said lands.
Upon giving a decision, the Commissioner
shall therein describe the boundaries decided
on by survey, by natural geographical fea-
lures, or by permanent boundary marks, or
partly by each and he shall have the pow r to
order such surveys and marks to be made OF,
erected as he may consider necessary, at the
expense Of the parties in interest, but he shall
in no case alter any boundary described by
survey in Royal Patent, in deed from the
King. or in Land Commission award.
SEC. 6. Any party deeming himself agriev-
ed by the decision of any Commissioner Of
Boundaries, may appeal therefrom to the Cir
cult Court of the Island on which such hear
ing is had, or to the Supreme Court which
Circuit orsSupreme Court shall hear and de-
terInine the case IN 6aneo, and take such fur
Their testimony as may be presented prorided,
hoicerer, that any party DESTROYS Of so appeal
ing shall give notice Of the same to the Com
missioner within thirty days after the rendi-
ton of his decision, and paying the costs al
ready incurred, and depositing a bond for
costs, as required on appeals to the Supreme
Court in civil cases and further Prorided,