The Hawaiian gazette., 1878-08-21


Whereas good roads are absolutely necessary to de-
veOp the resources of many parts of the Kingdom,
and Railroads are essential TO bring produce to safe
ports Therefore.
enacted BY ts King and the Lgisla.irs Astusby Of
BaoatilH Islands, IN The Leislafars q he KtRgdcB ~
seH5Ied;
Section /. Power and authority is hereby given
the Minister of the Interior BY aud with the
sent Of His Majesty il Prvy Council. to enter into
with any association of persons who may
soeiate themselves together under the General Corpo
ration Act Of this Kingdom, and by the general law
in relation to Corporations aud subject to all the pro
visions thereof, for the purpose Of building and ope
rating Railroad or Railroads in any part of this
Kingdom.
See. 2. And the said Minister, with the consent
of His Majesty in Privy Council, shall have power
and authority to grant a right-Ofw through al
Government lands, and to grant such Government
lands may be necessary for their buildings stations
depOts and stores, other structures and also the
free Of water TO any corporation Aforesaid for
the purpose Of building such Railroad or Railroads.
Sec. 3. For the purposes and subject TO the pro-
visions and restrictions Of this Act. the corporation
mSy from time to time exercise any Of the following
powers
II may enter upon any lands which may adjoin
upon the line of any railway which may be authorized
by charter TO be made and may bOre. dig cut trench.
eubank and drain, and may remove or lay, take,
carry away, aud any EARTH gravel, stone timber
other things dug obtained therein otherwise
in the execution Of any powers hereafter given, and
which may be proper for the making. main attaining.
altering, repairing. using any Railway lawfully
authorized, OF which may obstruet the maSng. main
tanning, altering, repairing. or using Of the same
It may make, IL, upon. across, under, or over any
such lands, or any street, roads, ways. railroads,
tramwAys, hills valleys rivers canals, water
or waters, such temporary or permanent inclined
planes. tunnels, cuttings, embankments, aqasdaets,
bridges, roads. ways passages, cOndaits, drains,
piers, arches fences, aud other works and eolyen-
fences il thinks proper.
Il may alter the Of any rivers, not nayigs-
be canals, brooks, streams or water courses during
such time as Is necessary for constructing main
tanning tunnels, bridges other works over, under,
affecting the same; and may temporarily per-
manenty alter the Of any such rivers
raise sink the level Of any such rivers
streams, streets roads ways in order the
yenienty to carry the over or under or by the
side Of any railway. JAZZ
II may make drains or cOnduits into, through, or
under any lands adjoining the railway for the purpose
Of conveying water from or 10 the railway, and upon
the railway, any Iauds adjoining thereto.
1t may make such piers, jettes, stations. sidings,
wharves, warehouses, tolh0uses, and other houses,
yards engines, machinery signal posts and other ap
paratus works and cOnyeuenees whatsoever connected
with the railway the corporation may think proper,
and may from time TO time ater repair, or discontinue
any such apparatus works and conyenienees and sub
stitute others in their stead.
It may fell remove any timber or other trees
being within two hundred feet from either side of the
railway which, BY their liability fall otherwise,
might Distract or injure the railway.
1t may also fell or cut down aud remove any trees
or wood, whether timber other trees, scrub or
underwood which, by of the line making a
curve or otherwise, may ObstIuct or impede view OF
any signal post from any portion Of the line which
shall be within mile in right line from any such
signal post
It may enter upon and use any existing private
road, being road graveied formed with stones OF
other hard materials and not being avenue ap-
proach 10 any dwelling house.
1t may enter upon and take purchase and hold all
such lands, tenements and Entertainments as may be
required for the purposes Of the railway and works
connected Herewith.
Il may do all other things necessary or convenient
for making maintaining, altering or repairing and
using the railway.
Sec. 1. 10 the exercise of the powers mentioned
in the last preceding Section the corporation shall dc
as little damage as can be aud shall make full com
pensation in in this Act provided to all par
ties interested for ali damage sustained BY o
the exercise of such power.
See. 5. IT, lands to be taken used for the line
Of any railway lawfully authorized, shall not exceed
one hundred feet IN width except where greater width
is necessary for engines carriages turn stand in
or pass eaca other, for stations, for raising
bsnkments, or for crossing valleys or low grades, oil
for cutting through high grounds, for the erection
OF establishment Of any fixed or permanent wharf
warehouse, dollhouse machiaery, other building
or erection for excavatng removing depositing
earth other materials.
Sec. 8. Subject the restrictions hereinafter
toned, the corporation may, without previous pay
ment, tender deposit, upon and any land
adjoining lying near the railway for the PURPOSE
of taking earth soil by sde-cuttnss therefrom,
Of depositng, working manufacturing uppn suct
lands any earth, clay. stones, brick, states, timber
lime, or other materials, Of obtaining MATERIAL
thererOm for the construction repair Of the railway
or works, for making temporary roads ap
proaehes to or from tie railway works. for any
other purpose necessary the construction main
tenance Of the railway.
Sec. I. Before it makes such temporary Of AM
such lands, the corporation shall give tWeuty-On'
day notice of such its intention to the oc
cupiers of such lands, except the OF accident
the railway requiring immediate reparatiOu or wher
the owners cannot be sseertaned and shall separate
by sufficient ratings fences, much of the lands
is required TO be used from the other lands ad
joining thereto.
Sec. s. The corporation shall not make such TEN
porary of any such lands lying at greater dis
lance than hundred feet within town, or tire,
hundred feet elsewhere from the railway. maxi
bricks place engine upon any Of such land
at any place not distant least i've hundred yard
from any dwelling house, without the consent Of thl
owner or oecuper thereof
Sec Q. The corporation SHALL until any land takeI
BY it for temporary use, be given up the owner.
purchased BY it under the provision hereinafter in th
Act contained, pay to the owner, half yearly
able compensation for the of such land and for any
damage or injury done to the crop the surface
the land otherwise and such compensation shall
be settled-f the corporation cannot agree with tbs
oWner-As in the Of disputed compensation; bG
in determining the amount Of such compensation nj
payment o allowance shall be made for the earth
gravel other materials taken, further otherHis,
than as the removal or taking thereof shall DsJ
have injurousy affected the value of the land tn,
occupation or enjuyme thereof.
Sec. 10. Except IN the case of Euch accident q!
aforesaid, stone quarry which. for the period o.
twelve months Immediately preceding, shall have
been commonly worked or used for getting materials
for the purpCss Of selling the shall, without tbs
consent Of the and oeeupier thereof respect
vey, be taken used for any of the purposes here
inbefors mentioned.
Sec. IL. The compensation to be paid for anJ
lands 10 be purchased taken from any person unde
any disability and not having power to sell and
vey release such lands except under this Act. and
TIE compensation TO be paid fer any damage injury
to any such lands, may be agreed on between ths
corporation and such persons.
Sec. II. When the corporation gives notice Of its
intenon to take any lands for railway purposes and
failing to agree TO the compensation to be paid il
respect thereof the compensation Is be determines
a. in Of disputed compensation, if the corpora
zion deem il pedient TO pay the amount Of com
psnsation determined the corporation may within
twenty days after notice to II. Of the amount Of
uensariou 80 determined WihdraE the said frat