The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-07-20

IN all Its bearings, the OIL was lnuenhlVely postponed,
26 TO 10.
The bill to regulate the issuance of Royal Patents,
came up on its second reading.
The bill, Us amended, VS. passed to be engrossed.
The House then adjourned.
SIxrY-THIRD DAY, July 18th.
PETITIONS.
Petition presented from Honolulu praying that
$500 be appropriated for the construction of a road
at Kakaako, (~Fishernan's Point) Referred.
Petition from dairy men on Oahu and Maui, pray
ing that q specific dlty be put on foreign butter.
Referred.
From Koolaulos, that Konohikis be not allowed to
tabu fish ON Government lands. Rejected.
From Eva and Waianae, praying that q duty be
imposed on imported rice. Tabled for the present.
From Waialua, that a native doctor of that district
be appointed physician for the lepers. Rejected.
From Waianne, that the tax on real and personal
| property be abolished; and that the divorce law be
repealed. Rejected.
From the same district, for an appropriation of
$500 for an anchor and buoy at Waianae. Referred.
Hon. c. II. Judd, from the select committee on the
Act to amend Sections 1S4, 1S5 and l86 of the Civil
Code, reported a substitute therefor. Ordered
printed. The following is the DILL.
AN ACT TO AMEND SECTION ls4. 1856 AND ls6 OF THE
CIVIL CODE.
Be Il Enacted, bu the Kinq and the Legislative As
Sembly Of the Hd'odijGn Islands in The Legislature
Of The Kingdom assembled:
Section l.. Section lS4 Of the Civil Code shall be
amended. so as to read as follows: Upon the re-
quest of Fifty or more tax payers of any district to
the Minister of the Interior, that a new road, highway
or street be opened, or that an old road, highway
or street be shut up, or widened. Or altered-Or if
it shall be made to appear to the Minister of the Inte-
rior in any other way. that any road, highway or
street should be opened, widened, or otherwise al
tered. the said Minister of the Interior shall request
any Judge of a Court of Record tc select a list of
twenty-iour names from among the legal voters of
the District in which the improvement or alteration
is contemplated. from which such Judge shall d.
rect the Marshal of the Kingdom, or the Sheriff of
the Island in which the improvement is contempla-
ted. to draw a Jury of six persons, and the decision
of such Jury or a majority OF them shall be certified
Immediately to the Minister of the Interior, who is
hereby authorized and e~mpowere 10 take action
in accordance with such decision Of such jury
Section 2. Section lS5 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 supervisor imme-
diately after such proposed work shall be determ-
ined upon TO cause notices to be posted along the
line of such proposed new road, street or a 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 sueh Judge
or Justice to forward a list OF all such claims to the
Minister of the Interior"
Section 3. Section 1876 of the Civil Code shall
amended so as to read as follows:
Upon the receipt Of such claims. If the Minister
of the Interior and the several claimants cannot
agree mon the amount to be paid to such claim
ants. the said Minister shall appoint three disinter-
ested persons rs Commissioners. or may request
anv Judge of a Court of Record to cause a Jury to
be summoned and drawn in like manner as i'll the
first Section provided 10 assess the value OF the prl-
vate property. or sUCn damage likely to be sus-
tanned by the owner or occnpier OF any land to be
taken for the proposed Improvement. whose decis-
ion or the decision of a majority of them shall de-
termine the price to be given 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 decision to the
Minister of the Interior aud another to the claim
ant"
Section 4. And be it further enacted that all the
provisions of the Act. entitled IAN Act to provide
for the assessment OF a part OF the expense OF con-
structIng roads noon estates benefited thereby
approved the sih day of July. ls7e. shall be taken
and deemed as applicable to the widening or alIer-
ing of any road. street or highway, as in the pre-
vious Sections of this act set forth and provided.
Provided always that the Jury provided for in the
act shall be taken and held to have the same pow
ers and authority as the Commissioners provided
for in the aforesaid act passed on the Sh day OF
July, 1870.
Hon.. Mr.. Nui offered a resolution to the effect that
the tabu on passengers leaving Honolulu be removed,
so far as TO give permits to such as may pass 6 s~atisfac-
tory examination. Mr.. Nui stated that q petition
was circulating among the people belonging to the
other islands now detained here, asking for an an
preparation to pay for their expenses. Rejected.
ORDER or THE DAY.
The resolution charging the Minister of Finance
with the custody of the Hawaiian Hotel. SO far as
the interests Of the Treasury are concerned, came up.
In explanation, His Excellency the Minister of
Finance stated that there was n difference Of opinion
between himself and the Minister of the Interior, as
to the force of the law placing all Government prop
erty in the hands of the latter. This resolution was
the result of an understanding between the Minis
ters.
Hon. Mr.. Carter said that the Minister of the In
terror had either positively or tacitly given his con-
sent to the building of a Government hotel, and he
must have known that the charge Of IL would de-
yolve on him under the law. Therefore it was but
proper that he should be held to his duty under the
law. Having consented to the Government running
q hotel, it was proper TO hold the Minister to the law
and see that it was run properly. 1t is pretty plain
that the accounts of the establishment, and its man.
sgement, (seeing that it is run under q considerable
stretch of law as to license to sell liquor, and that
there were some items as to lumber and an iron
fence that perhaps would bear explanation, } should
be looked after closely.
His Ex. the Minister Of Foreign Relations objected
to the expression of the government running q hotel.
All the government had to do with running the
hotel was to look after its receipts to the extent of
the interest on bonds, and that was due TO the prop
ositiOn OF the members for Honolulu As TO the allu-
10 the rumored furnishing of spirits to natives by
the proprietor of the hotel, that was pryiug into pri-
waite business, and if it was true, the proper course
was to convey it to the proper tribunals. His Elk.
went on to speak of the attacks that had been made
here, by insinuations against the Minister of Finance,
insinuations in fact, against his truth and honor.
These attacks and insults had gone on until they had