The Hawaiian gazette., 1872-08-28
Nv AUTHORITY.
IN ACT

To amend Sections IS4, lS5 and lS6 Of
the Civil Code
BE II Enqcted By the King and the Leg
islqtire assembly Of the Hq,coiiioa
Islands IN the Legislature Of the
Kiagdom assembled.
Section I. Section IS4 of the Civil
Code shall be amended, so as to read as
follows Upon the request of Fifty or
more tax payers of any district to the
Minister of Interior, that new road,
highway or street be opened, or that an
old road, highway or street be shut up
or widened or altered, or if 1t shall be
made to appear to the Minister of In
terror in any other way, that any road,
highway or street should be opened,
widened or otherwise altered, the said
Minister of Interior shall request any
Judge Of a Court of Record to select a
list of twenty four names from among
the legal voters of the district in which
the improvement or alteration is contem-
plated, from which such Judge shall d.
rect the Marshal Of the Kingdom, or the
Sheriff of the Island In which the i'm
provement IS contemplated, to draw a
Jury of SIX persons to decide on the pro-
priety Of the measure proposed, and the
decision of such jury or a majority Of
them shall be certified Immediately to the
Minister Of Interior, who is hereby au-
thorized and empowed to take action in
accordance with the decision Of such
jury"
Section ,. Section 1S5 of the Civil
Code shall be amended so as to read as
follows:
In laying out, closing or widening any
road or highway, respect shall be had
to the private vested rights of property
which any individual may have in the
land affected by any such proposed work.
1t shall be the duty of the Road Super
visor Immediately after such proposed
work shall be determined upon to cause
notices to be posted along the line of
such proposed new road street or high |
way proposed to be closed, opened or
widened or altered, advertising the fact
and calling upon all parties interested
therein to bring forward their claims to
the nearest Circuit Judge Police or Dis
trict Justice, and it shall be the duty of
such Judge or Justice to forward list
of all such claims to the Minister of the
interior"
Section 3. Section IS6 of the Civil
Code shall be amended so as to read as
follows:
" Upon the receipt of such claims, if
the Minister of the Interior and the sew
eral claimants cannot agree upon the
amount to be paid to such claimants,
the said Minister shall appoint three
disinterested persons as Commissioners,
or may request any Judge of a Court
of Record to cause a Jury TO be sum-
moned and drawn in like manner as in
the first Section provided, to assess the
value of the private property, or such
damage likely to be sustained by the
owner or occupier Of any land to be tax
en- for the proposed improvement, whose
decision or the decision of majority of
them shall determine the price to be Civ
en- by the government for such private
property or for such damages as the case
may be, and such Commissioners or
jury shall send a certified copy of their
descision to the Minister of the Interior
and another to the claimant.
SECTION 4. And be it further enacted
that all the provisions of the Act entitled
"An Act to provide for the Assessment
Of part Of the expense of constructing
roads upon estates benefited thereby"
the Sth day of July 1870, shall
be deemed and taken as applicable to the ]
and altering of any road, street {
Or highway, as in the previous Sections of 5
this Act set forth and provided. Pro- I
rided, always, that the juries provided
for in this Act shall be taken and held to 1
nave the same Powers and Authority as a
he Commissioners provided for in the '
aforesaid Act passed on the Sth day of t
July 1870
Approved this 29th day of July, A. D.
1872. KAMEHAMEHA R.
AN ACT