The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1886-09-22
Afternoon Session.
The House reassembled at lao.
THE GAMING BILL.

to chapter % of the Penal Code, relating Il
gaming.
On motion OF Mr.. KauIukou, the bill
! passed.
! PRIVATE WAYS AID WATER RIGHTS BILL.
Consideration of an Act TO amend anc
! consolidate the law relative TO the Com
/ missioners of Private Ways and Water
Rights.
Section g. 1t shall be the duty of such
Commissioner, within his district, to hear
and determine all controversies respecting
rights Of private ways and water rights
between private individuals, or between
private individuals and the Government.
Any person or persons interested, or the
Government, may apply for the settlement
of any rights involved hereunder, where
upon the Commissioner shall issue writ
ten or printed summons in like form as
that used in the District or Police Courts,
to the party or parties defendant; or in
case the application shall be to settle the
rights appurtenant to all of a particular
private way, or to a stream or streams of
springs; in any particular district or To-
cality, the summons shall be directed to
all parties interested, naming them.
1t shall be personally served upon each
landowner or occupant having an interest
in the controversy whenever such owner
or occupant can be found.
If however any such owners or occu-
pants cannot be found for such service,
the Commissioner shall cause notices in
the Hawaiian or English language, or as
the case may be, to be published either by
posting on the premises the owners or oc-
cupants whereof cannot be found, or by
insertion in one or more newspapers,
which publication shall continue fer at
least two full weeks prior to the date set
for hearing.
Such notice shall designate the time and
place of hearing, shall indicate the nature
of the application made and shall notify
all parties interested to attend and prove
their rights or they will be adjudicated
without such attendance; besides any other
matter deemed important by the Commits
sioner.
Such notices may be published i'll any
case in the discretion of the Commits
sioner
No summons shall be set aside or dis
missed because of any technical informal
ity, provided 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 !
authorized attorney.
His Excellency Mr.. Dare moved to strike |
out all after the word defendant" in the |
first subdivision of the section.
Mr. Brown said that if that was stricken |
put it would take away the authority to |
adjudicate on right of way.
His Excellency Mr. Dare said he moved /
TO strike it out because it was not neces-
Sary.
The amendment carried.
Mr.. Thurston moved that the word /
Commissioner" be amended to read |
Commissioners, and the word "his" read
their" Agreed to.
On motion of Mr.. Brown the section
passed as amended.
Section f. At the time set for hearing,
ervice of summons and publication of no
ice having been proved, the Commissioner
hall hear the evidence offered relative to
he right i'll controversy, and shall as far
- pJSSiDlC dSCGI Gdlll CiIC IlSIICo VI StDoCIlt
PARTIES not served where notice as herein |
provided shall have been published. He
nay, if he deem it desirable or conducive
o the rendering of a correct decision, visit
he locality where the controversy arose.
He shall give such decision as may in
ach particular case appear to be in con-
ormity with vested rights, and shall be
Ist and equitable between the parties.
The decision shall state expressly the
ndings of fact on the evidence, and shall
4 case of rights of way clearly indicate
he location (if possible) and nature of the
ray; if on a water right it shall state the
or time for use and any other
Kings necessary to the exercise of the
ght.
1t may also regulate the methods by |
hich water may be obtained and by which
$ supply can be controlled. All of the
and the decision shall be re-
Orded in the books of record to be kept
nd preserved by the Commissioner.
The said books, when filed, shall be de-
osited with the Clerks of the respective
ourts. The decision of the Commissioner
nall be final and binding upon all parties,
kept those who may be absent from the
ingdom, during the whole time of the
of such suit, subject to the right
appeal.
Mr. ThurstOn moved to insert after the
ord Kingdom" in the last subdivision,
he words without legal representative
this Kingdom" Agreed to.
Mr.. Brown moved to insert in place of
Clerks of the respective Courts" the words
Clerk of the Supreme Court island of
ahu, and with Clerks of the Circuit
ourts on other islands" Agreed to.
On motion of Mr.. Brown the section
assed as amended.
Section 5. There may be taxed as costs
cases arising hereunder, besides the
sual statutory costs as allowed in Police
ourts for service, luminous, oaths and
herwise the fees of the Commissioner,
Dt to exceed five dollars for each days
caring, and his reasonable actual ex
enses in visiting the locality, and not over ,,
renty cents a folio for copies of the evil
snce and decision, either on appeal or as
Finished to any party. The costs may,
the discretion of the Commission, be
vided or taxed against the losing party.
In case of appeal the final award as to
sts shall abide the decision of the
)urt.
Mr. Kaulukou offered a substitute sec