The Hawaiian gazette., 1884-09-24

and convenient trenches and excavations
in any of such streets under which he or
they propose to place such rope or cable
and to place in such trenches and excava-
tions all needful and convenient machin-
erv for operating said railways in the
manner and by the means aforesaid, and
to erect and maintain at convenient and
suitable points along the line of the streets
under which such wire cables are placed
steam and other engines and boilers OF
ample and sufficient power and to connect
the same with said wire cables. All such
| trenches and excavations shall be beneath
the surface OF the street, which surface
shall be securely supported so as not TO
| impair the use and enjoyment OF said
streets by the public. And the framework
of al trenches in which wire cables are
placed shall be constructed in a substantial
and workmanlike manner. and the slot or
aperture opening INTO such trenches shall
not exceed three-fourths Of an inch in
width.
SECTION 3. 1t shall not be lawful for
said William r. Austin and his associates
and assigns or successors to propel the
cars over said railways or either thereof
at rate Of speed exceeding eight miles
an hour. and for each violation of this pro
vision he or they shall be subject to a
penalty of one hundred dollars, to be re-
covered in the Police Court of Honolulu
at the suit of the Attorney-General OF the
Kingdom to the use OF the Government.
SECTION 6. Said William r. Austin, his
associates and assigns or successors shall
be required by the Minister of the Interior:
Firstly. to construct said railway in such
manner as will cause the least obstruction
to the free use of the streets in which it
may be laid down.
| Secondly, TO construct SAID tracks as
nearly as possible in the middle of the said
streets, unless otherwise directed by the
Minister of the Interior.
Thirdly, to pave or macadamize the
entire length of the streets used by his or
their track between the rails and between
the tracks if there be more than one track
laid, and to keep the same constantly in
repair flush with the streets and with good
crossings; such material shall be used in
such paving, matchmaking or repairing
as may be directed or permitted by the
Minister Of the Interior.
Fourthly, that said track snail not eI
coed in width sixty inches within the rails.
Filthy, that in laying down the track
not more than one block shall be obstruct-
ed at any one time nor for longer period
than fifteen working days.
Sixthly, that the cars must be OF the
most approved construction for comfort
and convenience and safety of passengers.
Seventhly, that the work in construct
/ ing the said railway must be commenced
within one year from the passage of this
Act. and that the same must be completed
within three years thereafter.
Eighthly. the Minister Of the Interior,
by and with the consent of the King in
Priv Council, when the narrowness of
the street or road requires it, shall com
pei the corporation to widen the street or
road at its own expense, for obtaining
sufficient room for the track, so that it
shall not interfere with the ordinary use
OF tine street or road.
SECTION Z. A failure on the part of the
said William II. Austin. his associates and
assigns or successors, to comply with the
provisions of this Act. shall work forfeit
ure of the right of way and of the fran
chise granted upon such streets as are not
occupied by track at the expiration of
three years.
SECTION s. The right to grade, sewer,
pave, macadamize or otherwise improve,
alter or repair the streets or highways, is
reserved TO the Government and cannot
be alienated or impaired, but such work
shall be done in such manner as to OBJ
struct the railroad as little as possible:
and if required the grantees of the fran
chise must shift the rails so rs to avoid the
Instructions made
SECTION 9. If said railroad or any agent
or employee thereof shall demand or charge
a greater sum of money for fare on the
cars of such railroad than that fixed by
this bill, said railroad or such agent or
employee shall forfeit to the person who
is thus overcharged. the sum of one hun
dred dollars, to be recovered in civil &C
ton in any court having jurisdiction there
Of.
SECTION 10 Upon the trial of an action
for any of the sums forfeited, as provided
in the foregoing section, proof that the
person demanding or receiving The money
as fare or for the sale of ticket or check,
was at the time of making the demand or
receiving the money, engaged in an Office
Of the railroad or on vehicle belonging
TO it. shall be prip,a tdcic evidence that such
person was the agent, servant or employee
of the corporation, to receive the money
anu give lllp blChtb vi Cueth lueullOutu
SECTION IL Said William r. Austin,
his associates and assigns or successors,
shall pay in annual payments to the De
partment of the Interior, the sum of ten
dollars per annum as license tax upon
each passenger car used by him or them,
and no greater sum shall be eXacted as
car license
SECTION II The rates Of fare for each
passenger upon the said railrord shall not
exceed five cents for each passenger using
said cars up to and within Judd street,
the Industrial School, and to and within
Punahou street, and ten cents for each
passenger using said cars beyond the last
mentioned points.
SECTION 13 The rails of said railroad
shall be so laid and the track so construct
ed that the same shall not interfere or
prevent any other railroad company here
after formed from crossing the roads here
in mentioned at any point.
At the expiration of the franchise herein
granted it shall be the privilege Of the
Government to purchase from the owners,
thetracks, cars, stock and fixtures of
said owners at price to be fixed by arbi-
traitors and an umpire if need be.
Approved this 18th day of August, A.
ID. 1891 KALAKAUA. REX.