The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-11-16
BY AUTHORITY.

To AMEND Consolidate Law
COMMISSIONERS PRIVATE WAYS WATER RIGHTS.
Eoaytsd by the King and the Legislature AsseDty Of the
Harauan Is5ds the Legislature cfhe Kugdo Assembled:
SECTION l. The word Commissioners" wherever used
in this Act shall refer and the Commissioners of
private ways and rights The word Court shall
refer and the Circuit Supreme Court 6aHc0
the may be. The word 'party parties shall
refer and the respective parties the controversy
before Commissioners 0 Court. The word controversy
refer to question issue before
the Commissioners. The words ''prvate individuals
'persons shall relate and either Individuals
panes corporations the Commissioners Of Crown Lands
any others, except the Government.
There shall be appointed by the Minister of
the Interior each election district of the Kingdom three
competent persons Commissioners of private ways
and rights, provided however that nothing herein
shall prevent the appointment of person for
districts if the be done without prejudice the
rights Of the inhabitants thereof No person shall
Commissioner any which he shall have direct
personal interest, where he shall have direct business
relations with either party shall be connected with either
by ties of relationship of blood marriage In of dis
ability from these any other cause Commissioner pro
shall be appointed by the said Minister of the
Interior if the Island of Oahu, by the Governor if
any other island. Any vacancy shall be filled
possible by appointment by the Minister of the In
terror aforesaid.
SECTION g. 1t shall be the duty of such Commissioners
within their districts hear and determine all
troversies respecting rights Of private ways and water
rights between private individuals between private
indiduals and the Government Any person persons
interested, the Government may apply for the settle
ment of any rights involved hereunder whereupon
Commissioners shall issue written printed summons in
ike form that used in the District Police Courts the
party parties defendant 1t shall be personally served
upon landowner occupant having interest in the
controversy whenever such occupant be found
If however any such occupants cannot be found
for such service the Commissioners shall cause notices in
be published either by posting the premises, the
occupants whereof cannot be found by nser
ton in more newspapers which publication shall
continue for least full weeks prior to the date set for
hearing Such notice shall designate the time and place of
hearing shall indicate the nature of application made, and
shall notify all parties interested attend and prove their
rights they will be adudcated without such attendance
any other deemed important by the COms
Such notices may be published in any in the
discretion of the Commissioners No summons shall be set
dismissed because of any technical inormaty pro-
vded it shall set forth the time and place of hearing and
the nature of the right claimed in terms sufficiently clear for
the appraisal of all parties Interested Parties may appear
personally or by properly authorized attorney.
SECTION T. At the time set for hearing service of
publication of having been proved, the Com
mssoners majority of them shall hear the evidence
offered relative the right controversy and SHALL far
possible ascertain the rights OF absent parties not served
herein provided shall have been published
They may if they deem desirable conclusive to the
derng of decision visit the locality where the
trOvesy They shall SUCH decision as may In
each particular appear be in conformity with vested
rights and shall be just and equitable between the parties
The decision shall expressly the findings of fact the
evidence and shall of rights of way clearly indicate
the location m possbe and of the way, if water
right shall state the proportion time for and any
other things necessary the right may also regulate the
methods by which may be obtained and by which its
supply be controlled All of the testimony and the
decision shall be recorded in books Of record to be kept and
preserved by the Commissioners. The said books when
filled shall be deposited with the clerks of the respective
Courts The decision of the Commissioners shall be final
and binding upon all parties, except those who may be
absent from the Kingdom without legal representative in
this Kingdom during the whole time Of the tendency of
such suit, subject to the right of appeal
SECTION s. There may be taxed costs in arising
hereunder besides the usual statutory allowed in
Police service oaths and otherwise the
of the Commissioners exceed two dollars day
each Commissioner for each days hearing, and their
reasonable expenses visiting the locality and
twenty folio for copies of the evidence and
dee either appeal furnished to any party The
h