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

that any land owner absent from the King
dom, and not represented by an authorized
agent within the Kingdom, shall have the
right of appeal for one year from the rcndi-
ton Of said decision.
SEC. l. Whenever any person shall appeal
from the decision Of any Commissioner, as
provided in the last preceding section, it shall
be the duty of the Commissioner to send up a
statement of the case. together with copy
Of his decision, TO the Court to which the ap-
peal has been taken and such record shall be
read in evidence, and the Court shall allow the
introduction of the evidence of witnesses whose
testimony is not on record. but not otherwise
SEC. s. Each Commissioner shall have the
like power to administer oaths, to punish con-
tempts, to grant adjournments, TO Subpoena
and compel the attendance Of witnesses, and
the production of books and papers, and issue
execution for costs, as is conferred by law upon
the Police and District Justices.
SEC. Q. If the owner of any Ahupuaa or Iii
of land, coming within the purview of this
law, shall make default in fling proper ap-
plication with the Commissioner, on or before
the 23d day of August, 1873, he may be
summoned by the Commissioner, at the in
stance Of His Majesty's Minister of Interior,
or Attorney General, and it shall be lawful for
the Commissioner to proceed to decide and
certify the boundaries Of said Ahupuaa OF Iii,
and the owner thereof shall be mulcted in
double costs, as penalty for his default, sub
jeet to appeal, as provided in section of this
Act.
SEC. TO- 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 Commissioners, to quiet Land Titles, with
out the boundaries being defined in such pa
tent, according to the decision of some Com
missioner of 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 a
record of his proceedings in books, to be fur
nished him by the Minister Of Interior which
records, at the close of his Commission, or
other determination thereof, shall be returned
to the Minister of the Interior.
SEC. u The certificates of each Commission
er shall be made on Stamped Paper, furnished
by the Minister of the Interior, and each Com
missioner shall collect and account to the Min
lister of the Interior, for the benefit of the Roy
al Exchequer, one dollar for each stamped GER
ti6cate issued by him.
SEC. Is. All applications on file with the
Commissioner appointed under the Act to
amend the law relating to the Commissioner
of boundaries, approved the 9th day of July,
1866, and all records in the possession of the
said Commissioner, duly appointed under said
Act, at the time of his decease, shall, immedi-
ately after the passage of this Act, be trans
ferred to the Commissioner having Jurisdiction
under this Act,
SEC. IA. Each Commissioner shall receive
the sum of ten dollars for each and every day
he shall be employed in settling Boundaries,
and his travelling expenses in viewing the
locus IN quo and in all cases he shall receive
two dollars for each certificate granted, fifty
cents for every hundred words contained in
the description in such certificate, and twenty
Eve cents for every hundred words contained
in the record of the testimony in the case.
SEC. Is. The costs in each case shall be
borne by the Petitioner or Respondent, or shall
be apportioned between them, as equity and
justice may require, in the Judgment of the
Commissioner, subject to appeal, as aforesaid.
SEC. 16. This Act shall take effect and be-
come law from and after the date of its pas
sage and all laws and parts of laws inconsist-
ent or in contravention herewith, are hereby
repealed.
Approved this 22nd day of June, 1868.
KAMEHAMEHA R.