The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1876-09-27

water way may not be constructed over such land
or lands, The Judge to whom such petition is
addressed shall hear the testimony which may be
offered regarding the prOprie,y and utility Of con-
structiug such canal or other water way, aud the
amount Of damages which may be done to the
owner or owners Of The land or lands over which
such water way be led. including therein not only
the value Of the land taken but also the cOuse-
quenlia damage If any occasiOued by the sever
ance Of the lands or otherwise as well as the pro-
per place for locating such water way. and shall
record the testimony taken, aud II he shall find
that the construction If such water way u rea-
souabe proper and useful. he shall enter Judgment
accordingly adju~ging right Of way Tor the pro-
posed water course and authorizing its cOnstruc-
lion. But no water way as provided by such
Judgment; shall be constructed until alter the
amount Of damages add costs adjudged as afore-
said shall have been paid 10y the party peutiOnlng
for the right Of water way. and the Judge may in-
clude in the bill OF costs at his Discretion rea-
sonahle fee for counsel for the respondent or re-
spOndents.
SEc. 3.-The judgment referred to in the sec
onJ section Of this Act. it in favor Of the petit.
tiuner shall set forth the route aui description OF
the proposed water course. aud what fences II sny
shall be maintained by the applicant 10 protect
the sane, and what bridges or crossing places If
any shall also be maintained by be applicant, aud
q certificate fully setting iorth such Judgment
shall be given To both parties AMI utter the con-
strneiion Of such water way il shall be incumbent
on the owner OF such water right, his heirs aud
assigns, To keep such water way fences, bridges.
and crossing places 10 repair, and fol that purpose
shall have the right Of entry at al reasonable
times. aud such owner Of such water right. his
heirs and assigns, shall bs unswerabe ut all times
to the owner OF the land his heirs and assigns,
for any damage that may Oecar by reason OF such
water way overf0Wiug the same or the fence.
bridges or crossing places not being kept IN pro-
per aud reasonable repair. II the Judge before
whom any such case may be heard, shall 6ni that
the proposed water way is unreasonable or mex
pedlent be shall enter judgment fOr Tue respon-
dent
SEC. 4-The costs in the cases provided TOR in
this Act shall be the same as allowed in The Su-
preme Court for like services. and if on the APP
plcation Of either party it shall be deemed nee
esSary for the Judge before whom such peutiun
is heard TO visit and view the premises over which
such water is to be conducted, there shall be ike
wise paid costs for the personal benefit OF said
Judge, the sum Of ten dollars for each visit, and
ten cents for each mile travelled IN guing and re-
turning on snch visit provided, however. that the
costs Of such viewing the locus 10 quo shall be
paid by the party requesting such visit.
SEc 5.-lfany person shall desire TO drnin wet
land and il shall bs necessary for him to cross
with drains the land or lands Of others in order
that the said drains may reach water course,
tue sen or some place whence to convey such
drainage such person shall proceed aud judgment
shall be rendered IN such ease in like manner US
h-reiuhefDrs provided for the transmission ct WA
ter far the purpose Of irrigation aud other uses
SIC elf either party shall be dissatisfied
with the decision OF any judge before whom any
cause arising under this Act shall ne brought. he
may appeal TO The jldges Of the Supreme Court
sitting in baneo and his appeal shall be heard
upon the record. bat either party may adduce be-
fore such judges such further testimony as he
NAV he enabled II the respondent shall appeal
and shall not succeed IN reversing the judgment
below or Increasing HE damages by one-lhlrd. he
shall pay the costs of tue appe u, hut in ali other
cases the costs Of said appeal shall be borne By
the petitioner.
SIC. Tue several judges before whom any
case provided for by this Act may be brought,
shall have like power to compel the attendance
Of witnesses. and to enfn.ee their orders and de-
crees Us are now customary or may hereafter be
granted to uuy Of the courts Of this kingdom.
SEC S.-The word person used in thi,
Act shall h. held to mean not only individuss
bui any and all associations or corporations. the
Commissioners II Croxn lands and any depart
meut Of His Maj-stys government, aud shall
also include owner rs well us occnpier.
Approved this 18th day Of September. A. D.
1876 KALAKAUA r.