The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1868-08-08
Az ACT

To facilitate the settlement of Boundaries by the
appointment Of Commissioners, and extend the
term Of Commission of BOundaries established
by an Act approved 23d August, 1862.
Be IT ENACTED, by the King, and the Legislative
Assembly Of the Hawaiian Islands, in the Leg
stature Of the Kingdom assembled:
SEC. !. That the term Of the continuance Of
the Commission Of Boundaries, established by an
Act approved ON the ODD day Of August, 1867
be and the same j. hereby extended To the 23d
day Of August. 1874.
SEC. . IL 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 OF more Com
missiOners of Boundaries, to hold Office during
his pleasure, but in mo- ease shall any Judge Of
the Supreme Court be appointed such Commits
siOner; and he shall have power to fill a 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 ap-
pointed for more Circuits.
SEC. 3. That the time allowed TO the owners
OF Ahupuaas and Ills Of land for filling their ap-
plicatiOns to have the boundaries of their land
decided, and certified by the Commissioners 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 pat
ented or conveyed by deed from His Majesty the
King, by boundaries decided in such award, pat
ent, deed, hereby required within five years
from the I'D day of August, 1865, to file with
the Commissioner of Boundaries for the Circuit
in which the land il situated, an application to
have the boundaries Of said land decided and GER
tilted to by said Commissioner, his successor in
Office The application shall state the name of
the land, the name Of the adjoining land or lands,
and the names Of the Owncrs of the same where
known, and it shall also contain n general des-
criptiOn, by survey or otherwise, Of the bounda-
ries rs claimed.
SEC. 5. 1t shall be the duty Of the Commits
sioner, ON receipt of such application 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 20 on the
ground when requested by either party, and shall
endcavOr otherwise to obtain all information pos
siblc to enable him to arrive at 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
typographical features, or by permanent boundary
marks, partly by each; and he shall have the
power to order such surveys and marks to be
made or erected as he may consider necessary, ut
the expense of the parties in interest, but he
shall in alter any boundary described by
survey in Royal Patent, in deed from the King,
or in Land Commission award.
SEC. g. Any party deeming himself aggrieyed
by the decision Of any Commissioner of Bounda-
ries, may appeal thereGrom to the Circuit Court
of the Island on which such hearing is had, or to
the Supreme Court which Circuit or Supreme
Court shall hear and determine the case an LGnc0,
and take such further testimony may be pre-
sented DrOrided, hOIrerer, that any party dcs-
Of appealing shall give notice of the same
To the Commissioner within thirty days after the
rendition Of his decision, and depOsiting bond
for costs, required appeals to the Supreme
Court III civil cases; and further PTOuided, 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
year from the rendition of said decision.
SEC :. Whenever any person shall appeal
from theoiecisiOn of any Commissioner, pro-
yidcd in the last preceding section, it shall be the
duty Of the Commissioner to send up statement
Of the case, together with copy of his decision,
to the Court To which the appeal has been taken
and such record shall be read III evidence, and the
Court shall allow the Introduction Of the evidence
of witnesses whose testimony is not on record,
but not otherwise.
SIC 8. Each Commissioner shall have the like
power to administer Oatlis, To punish cOntempts,
To grant adJOuTnmcnts, tO subpoena and compel
the attendance Of witnesses, and the production
of books and papers. and issue execution for
costs, Is conferred by Law upon the Police and
District Justices
SEC. .. If the owner of any Ahupuaa Iii
Of land, coming within the purvicw Of this law,
shall make default in filing proper application
with the COmmI-eOner, OF before the 2.Si day
Of August, 1873, he may be summoned by the
Commissioner. NJ tic -tafcc OF III. Majesty
Minister Of Interior, AttOrney-C General. and it
shall be lawful for the Commissioner To prOc,ed
to decide and certify the boundaries Of said Alu-
puza III, and the owner thereof shall be mulct-
ell in double costs penalty for hIs default.
subject tO appeal, as provided IN section OF this
Act.
SEC. 10. The Minister Of the Interior IL not
authorized, and u hereby forbidden tO issue any
patent from and after the passage Of this Act, in
confirmation Of an award by name, made by the
a ii
boundaries being defined in such patent, accord
ing To the decision of some Commissioner or
Boundaries, appointed under this Act, or by the
late sole Commissioner, or the Circuit Court, or
Supreme Court, on appeal.
SEC. IL. Each Commissioner shall keep
ord OF his proceedings IN books, to be furnished
him BIZ the Minister Of Interior which records, ut
the close OF his Commission, or other determina-
tIOn thereof, shall be returned to the Minister Ot
the Interior.
SEC. IL. The certificates Of each Commissioner
shall be made on Stamped Paper, furnished by
the Minister Of the Interior, and each Commits
siOner shall collect and account to the Minister of
the Interior for the benefit of the Royal Exchc-
auer, one dollar for each stamped certificate H.
sued by him.
SEC. 13. All applications on file with the
Commissioner appointed under the Act 10 amend
the law relating to the Commissioner of BOunda-
ries approved the 9th day Of July, 1866, and
all records in the possession of the said COmmis-
siOner. duly appointed under said Act, at the
time Of his deeeasc, shall, Immediately after the
passage Of this Act, be transferred t. the Com
missioner having jurisdiction under this Act.
SEC. IL Each Commissioner shall receive the
sum Of ten dollars for each and every day he shall
be employed in settling Boundaries, and his trav-
cling expenses, in vie wing the locus m qt0; and
IN ali cases he shall receive two dollars for each
certificate granted, fifty cents Tor every hundIei
words contained in the description IN such certih-
cate. and twenty-five cents for every hundred
words contained in the record of the testimony IN
the case.