The Hawaiian gazette., 1878-08-21

6iligent enquiry be found. or agreement to
is to, then the corporation may
apply in the of claim against it to any Justice
of the Supreme Court, TO nominate some persons TO
determine the amount Of compensation TO be paid to
the person claiming entitled to compensation; aud
the person nominated shall determine and award |
the matter the sole arbitrator thereon
Sec. Is. Before making any such application, |
either party shall gEs least fourteen days notice
the other Of the infection make such application
where the person interested in the compensation is
absent from this Kingdom, or is not known to the
other party in difference. cannot. after digent
enquiry, be found. notice Of such intention shall be
given by advertisement 10 two newspapers Published
in Honolulu. fourteen days At least before making
such application and every such notice shall de-
scribe the land in respect Of which compensation is
be assessed and shalt specify the time and place
at which such application will be made.
Sec 10. The nomination by any such Justice Of
person De such sole arbitrator. shall be made in wri
ling and in duplicate and shall be delivered TO each
party, known. and resident within this Kingdom
See. IL. In determining the value of the land
taken. aud the damage " aryl 70 be sustained By
Of the severng Of the lands taken from other
lands OF the owner, Of such other lands being
otherwise injurOusly affected by the exercise Of the
powers of this Act. the enhaneemsnt OF the value Of
such other lands by Railway, or otherwise shall be
taken into consideration in the reduction Of the
amount which would be otherwise awarded.
Sec. is Every award in cases of disputed com
pensaton. shall state whether there any lands Of
the same owner adjoining the lands taken or be
taken and il there be any such adjoining lands
what allowance (if any, has been made for the en-
HANGED value Of the ami if no such allowance
| is intended TO be made the award shall state !;
and If any award shall omit any statement hereby
required to be made. the same shall be void. Add
every such award may be made rule of the Su-
| preme Court, and enforced accordingly.
See. 10. Where lands acquired by the corpo
ration under the provisions of this Act, but not
required for the purposes thereof the corporation
within the prescribed period. or If period be pre-
scrsed within years after the expiration of the
time limited 5y thd Charter for the completion Of the
works. shall absolutely sell and dispose Of all such
/ supssaGOus lands and apply the purchase money
arising from such sale 70 the purpose of the Charter
and in default thereof all such superhuous lands
manning unsold al the expiration of such period,
/ shall Ihereapon vest in aud become the property of
the OF the lands adjoining thereto in propUr-
lion to the extent OF their lands respectively adjoin
( ing the
! See. 20. Before the corporation dispose Of any
such saperfuOus lands, they shall unless such lands
be situated within town, be lands built upon. or
used for building purposes first offer sell the
to the person then entitled to the lands Of any) from
! which the same were originally severed or If such
person refuse to purchase the same, cannot after
diligeut enquiry, be found then the like oder shall be
made TO the person. to the several persons whose
lands shall immediately adj the lands proposed
| to be sold, such persons being capable of entering
into a for the purchase of such lands; and
when lore than such person shall be eLtitled TO
to saeh persons IN succession, one after another, 10
such order the corporation shsll think fit.
Sec. 81. If any such persons be DESTROYS Of pur-
chasing such lands then within six weeks after such
offer of sale they shall signify their desire in that
behalf to the corporation; If they decline such
offer if for six weeks they neglect to signify their
desire purchase such lands, the right Of pre- emp
ton of every such person declining neglecting
in respect of the lands included in such ohar shall
| cease; and declaration in writing made before u
/ nv gfad in mat
in question, stating that such offer made and
refused or not accepted within six weeks frou
the time Of making the same, that the person oil
all the persons entitled to the right of presumption
were out OF the country, OF could not. after dgen
enquiry, be found. not capable Of entering
into contract for the purchase of such lands, shall
10 all courts, be sufficient evidence of the facts there
in stated.
Sec. %. If any person entitled to such pre- emp
ton be DESTROYS of purchasing any such lands, anC
such person and the corporation do not agree to thu
price thereof then such price shall be asceraiued
arbration aud the costs of such arbitration shall b
in the discretion of the arbtrators.
Sec. %. The corporation shall fence in the line o
Railway with a good and sufficient legal fence
Sec. "a. The corporation may, from time to time
make bylaws and regulations for the msnagemen
and control of the Railway, and for regulating tn
traffic thereon; and such bylaws and regulations oil
being approved by the King in Cabinet Council
shall have the force Of law. Provided the corpora
ton shall, at all times, cause copy of such bylaw
and regulations to be posted and exhibited at tn
principal stations the line Of Railway.
Sec. %. Any person violating any bylaw or reg
ulation approved aforesaid shall be subject to
fine not exceeding twenty Eve dollars and costs;
in default of payment, shall be imprisoned for an
term not exceeding three months
Sec. 20 Police and District Justices shall hay
jurisdiction hear and determine all arisin
under this statute or the by laws and regulation
made under the authority hereof.
Sec. II. Aud be it further enacted, that the sal
Minister is hereby authorized to guarantee an
corporation that shall undertake any such Railroa
or Railroads, profit Of not less than FIVE per cent
/ per annum on the cost of their Road or Roads an
equipment thereof. Provided always, that in an
contract which may be made. the extreme amount o
which such guarantee is to be paid shall be plainl
set FORTH and provided further, that when any sue
Road shall have been finished, the actual cost of th
Road and its equipment shall be correctly made u
and filed IN the Office of the Minister of the Interior
and provided farther that ii shall be lawful for th
Minister of the Interior il it shall seem to him desir
able to refer the accounts of construction al
bitrators mutually chosen, one by the said Minister
aud one by such corporation their agents. WI
shall choose third, and the certificate of majorit
of such referees, duly to before Justice
the Supreme Court, shall be taken to be the cost
the said Road and its equipments.
Sec. IS. And be it farther enacted, that the Mir
lister Of Finance is hereby authorized and reqired
pay the certificate Of the Minister of the Interior
10 the corporation corporations 10 this Act con
temPlaed, such sums Of money a may be ascertaine
to be due. by virtue aud authority of the preeedin
Section, out of any moneys which may at the tim
be in the Public Treasury, not otherwise
Sec. 90. And be it farther enacted, that all til
stock and shares in and all property of any corpora
ton which may undertake. the building Of any Raj
road Railroads by the authority of this Act, sha
be exempt from all public taxation until such time
the property, stock shares of any such corporsO
shall realize ten per cent. per anuum the amour
, invested.
See. 30. And be it farther enacted, that any col
poEstion which may be organized, and undertake th
building Of any Railroad Railroads, in pursuanc
of the authority of this Act, and in accordance wit
it, may issue bonds to raise money for the coustruC
ton of such Railroad or Railroads, in such sums
, may be convenient.
Sec. 81. And be it farther enacted that the aid
this Act contemplated, shall be only extended
Railroads of public utility and not to Railroads
mere private or limited convenience.
Approved this LIST day of August, A D. 1878.
KALAkAUA r.
AN ACT
To amend Chapter XXI Of the Civil Code, Concern