The Hawaiian gazette., 1870-07-27
AN ACT

: To PS0vIDE roS rsE ASSESSMENT OF A
PAET OF NE ExFESSE OF CoSSTSUCT'
ING ROANS VPoS ESrATES BENEFITED
EHEsEsY.
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SECTION l. Whenever Commission
shall be appointed in the electoral
districts Of Honolulu and Hilo, pur-
SuAnt 10 the provisions oi the lS6th
Sector Of the Civil Code, TO asses the
value Of private property, required for
I public use, in the LAYING out Of s new
ro2d OF highway, the Commission shall
determine what estates are especially
benefited by such road OF highway, and
the amount Of especial benefit accruins
10 each.
SECTION . The Commission shall
awa7d the proportion Of the whole ex-
penSe Of laying ont and constructing
the proposed road O. highway, which
ought to be assessed upon estates ben
fitted, and the proportion 70 be paid
for. from the public treasury.
SECTION 5. The Commission shall
report IN writing TO the Minister Of
the Interior. the whole amount which
ought to be assessed upon estates bene-
fitted. and the amount u especial bsne-
1t aocruinE 10 each estate and there
upon. the Minister shall cause 10 be
computed the rAteAble proportion Of
cost. 10 be borne by each estate, IN
excess OF the assessed value Of any
portion OF the same estate, which NAV
be required for the proposed highway.
SECTION I. A certificate Of such
computation shall be fled IN the Office
Of the Registrar COaveyanceS, and
the-eupon 4 lien shall attach 10 each
estate, in favor Of the government,
for the rateable amount appearing 10
be due, which shall have preoede6oe Of
all other claims whatever. But 10
personal liability shall sttaoh TO the
owners Of the estate.
SECTION 5. After the aforesaid Ger
tifcate shall have been fled in the Of
fee Of the Registrar Of Conveyanoes.
s certified copy shall be served upon
the owner Of such estate. If known. or
posted up IN such conspicuous part Of
the estate. If NOT known, together with
5 notification 70 pay the amount cOmput-
ed against such estate. 10 some person,
and al Sone place, therein named, with
in ninety days.
SECTION 8. II the amount shall not
be paid according 70 such notification.
the Minister Of Interior shall order the
sane 70 be sold AZ public auction. BY
causing & notice Of The tine and place
Of the sale, 10 be printed three times
Successively IN the Government Ga
1stts. Such further notice shall be
given. as 10 said Minister Of the Ints-
nor, shall seem proper.
SECTION :. The amount assessed up-
On such estates. shall be deducted from
the proceeds Of the sale, and the ex-
Pensss shall also be deducted. but the
remainder shall be repaid 70 the owner
Of the estate.
SECuOS s. Any person ssgrieved
by the determination Of said commis-
son, may appeal therefrOm, 70 the Su-
Preme Court; upon which appeal. Ike
proceedings shall Be had, as II appeals
from district justices
SECTION 9. Whenever delay shall
have occurred II the construction Of
3 rOai, after It has been duly laid
CIT, the Minister Of the Interior
nay sppoins 8 commission 10 deter
mine the oost Of completion, and bene-
IT specially socruing 10 the estates Of
Individuals: and the proceedings Of
such commission shall Be the same as TO
awarding the proportions Of expense.
as IN cases Of original laying out
Approved this sth day Of July, A D.
1870.
KANEHAMEHA e