The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1872-08-31
session Laws, ?
AN ACT
To ANESD SECTIONS ls4, ls5 AND lsG OF THE CIV
AN ACT

AN ACT
To AMESD SECTIONS lS5, lS5 AND lSG or THE CIvIL
CODE.
Be e EyIc,ef By the Hing and The Legislative, is
sea5ly II the H1odiias IsaIEdS, aR tie Legislature
u the RbggdOH assembled:
Section /. Section 1874 Of the Civil Code shall be
amended. 90 n TO read IS follows Upon the re
quest 81 Fifty OF more tax payers Of any district 10
the Minister Of Interior. that n new road. highway
or street be opened, OF that an old road, highway or
street he shut up or Hidened or altered, or # II snail
be made 70 appear 70 the Minister Of Interior in any
other way, that any road, highway or street should
lie opened. Eidened or otherwise altered, the said
Minister Of Interior shall request any judge Of u
Court Of Record TO select a list Of twenty-four names
from among the legal voters Of the district III which
the improvement or alteration is contemplated, from
which such Judge shall direct the Marshal Of the
Kingdom. or the Sheriff Of the Island in which the
improvement is contemplated. 10 draw a jury Of six
persons to decide on the p~ropriety 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 authorized and empowered
to take action in accordance with the decision Of such
jury
Section .. Section I55 Of the Civil Code shall be
amended so as 10 read as follows:
ssIn laying out, closing or widening any road or
higeWay, 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. Ii
shall be the duty Of the Road Supervisor 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 highway 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 District Justice, and it shall be the
duty Of such judge or justice to forward a list of all
such claims to the Minister of the Interior"
Section 3. Section lS6 of the Civil Code shall be
amended so as 10 read as follows:
upon the receipt Of such claims, If the Minister
Of the Interior and the several claimants cannot
agree upon the amount to be paid to such claimants,
the said Minister shall appoint three disiuterested
persons as Commissioners, or may request any judge
Of a Court of Record TO cause q jury to be summoned
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 taken for the proposed
improvement, whose decision or the decision of a
majority of them shall determine 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 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 a part of the expense of construct
ing roads upon estates benefited thereby, approved
the 9Th day Of July, 1870, shall be deemed and
taken as applicable to the widening and altering OF
any road street or highway, as in the previous Sec
tons Of this Act set forth and provided. Provided,
always, that the juries provided for in this Act shall
be taken and held to have the same Powers and Au-
thority as the Commissioners provided for in the
aforesaid Act passed on the 9Th day of July, 1870.
Approved this 18th day of July, A. d. 1872.
II.