The Hawaiian gazette., 1886-10-05

clear for the appriSal OF all parties interested
Parties may Sppear personally Or by properly au-
thori1eI attorney.
Section l. Al the tiu,e set for hearing service of
summons and publication Of notice having been
proved, the Commissioners, or q majority Of
them, shall hear the evidence offered relative 10
the right IN Controversy and shall as far posSi
bic ascertain the rights OF absent parties not
served where notice as herein provided shall have
been published. They may If they deem il desira-
bic or conducive 70 the rendering of correct de-
eision, visit the locality where the Controversy
arose. They shah give such decision as may IN
each particular case appear TO be IN conformity
with vested rights and shall be Just and equitable
between the parties. The decision shall state ex-
prsssly the findings of fact on the evidence, and
shall III of rights Of way clearly indicate the
location (if possible) and nature of the way if on
g Water Right it shall state the proportion or
time for use and any other things necessary to
the exercise of the right. 1t may also regulate
the methods by which water may be obtained and
by which its supply can 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 pendsney OF such suit, subject
10 the right Of appeal.
Section >. There may be taxed as costs III cases
arising hereunder besides the usual statutory
costs as allowed II Police Courts for service sum
mons, oaths and otherwise, the fees of the Com
mlSsionerS not to exceed two dollars for each days
hearing, and their reasonable actual expenses in
visiting the locality, and not over twenty cents
tOo for copies OF the evidence and decision either
on appeal or as furnished to any party. The
costs may, II the discretion OF the Commissioners
be divided or taxed against the losing party. In
case OF appeal the tnal award as TO costs shall
abide the decision of the Court.
Section .. Any party aggrlsyed by the decision
the Court within ten days from the rendition of
the decision and within said period shall pay all
costs accrued, and for certificate and record an
appeal and deposit with the Commissioners
gVed and sufficient bond TO the Clerk of the Court
II the sum or one hundred dollars conditioned
Tor the payment Of costs further to accrue IN case
OF defeat In case Of appeal the Commissioners
acting as chairman shall promptly transmit 70
the Clerk OF the Court copy OF the record ap-
proved Oy majority or the Commissioners to-
gether with any exhibits fled, the bond for costs,
and all costs strictly retainabe by himself or
actually GlSbursed. The Court may permit the
Introduction of new evidence which could not,
with due diligence, have been obtained before
ana Its decisions shall be final and binding, ex-
cept as aforesaid.
Section !. The Commissioner shall have power
to administer OathS, TO punish coutenpts, to grant
APPOINTMENTS, to subpoena and compel the attend
ance OF witnesses, to issue execution for costs, to
enforce special Jurisdiction as Is, by law, con-
fsrred upon Police Courts.
Section ). Nothing IN this Act contained shall
be construed TO interfere with the several laws
authorizing the Minister of the Interior to take
possession of land and water for the benefit of the
Honolulu Water Works, nor with the provisions
OF AN Act to Regulate the Passage of Water
Over Lan,is of those not Benefited thereby" sp-
proved September Is, 1876.
Section 9. Sections 996 997 and IOOI of the
Civil Code as amended by the Act of 1859, entitl-
ed IAN Act 10 Amend Article II, Chapter 10 of
the Civil Code"
Sections 99S, 999 and 1908 of the Civil Code as
amended by Chapter l9 of the Laws of 1878.
Sections 1000 and 1902 of the Civil Code, IAN
Act entitled an Act to amend Article H. Chapter
Is OF the Civil Code, approved the 18th day of
August, A. ID. 1o6O; An Act entitled an Act to
amend Section 999 Of the Civil Code,r approved
the 18th day Of May A. D. 1868. And ali other
laws and parts Of laws IN contrayention hereof,
are hereby repealed
Section To- This Act shall take effect from and
after the date of its approval.
Third reading of the bill to regulate the Ha-
Eaiian Board Of Health.
motion to indefinitely postpone was put and
lost On the following division:
Ayes-Dare, Bishop, Brown, Pahai, Wight, Ia
lus, Richardson, Diekey, Ihurston, Paehaole,
Dole-1 II.
Noes-Gibson, Kanoa, Bush, Kaae, Hayselden,
keau, LlIikslani, Baker, kauhi, Amara, Kaulia,
KaulukOu, kaunamanO, NahaIe, Nahinu, Aholo,
Kaukau, kaai, Kauai, PaIohau-2O.
The bill then passed as follows:
AN Act To regulate the Hawaiian Board of
Health.
Section / His Majesty the King shall appoint
i've native HaVaIians TO be a Hawaiian Board Of
Health, and His Majesty the King shall appoint
one OF them to be President of said Board, and all
Of said Board shall be persons skilled IN the prac
sice Of native medicine, OF good character, and
they shall serve during the Kings pleasure.
Section ,. II shall be the duty of said Hawaiian
Board OF Health TO hear all applications made by
native HaSaiiaus Who wish to practice native
medicine IN this Kingdom for the cure of any kind
Of disease, for the cure of chronic diseases or
hereditary diseases, or for the cure of broken
bones
Section 3. Said Board, or majority thereof,
shall give to each applicant certificate certifying
ths Minister of the Interior the qualification of
the applicant 10 practice native medicine In any
sind Of disease, or for the treatment of chronic
disease or hereditary diseases, of the cure of
broken bones as may be stated in the applica-
ton.
Section L The Minister Of the Interior shall
grant the order OF the said Board license to
any applicant Who has received Certificate Of
his Qualification to practice medicine in any kind
disease, upon receiving twenty dollars:
1SectIoO D livery person so licensed to practice
medicine, as IN Section of this Act specified
shall keep records of his practice of medicine and
shall enter correctly IN snch records all the busi-
ness done BY him Any person who has received
: license authorized by this Act, who shall
practice hoomsuamana, hOopiopio, auaana, or
lDounguns, shall have the license cancelled i'm
nsdiately.
Section Any native Hawaiian who shall prae-
ice native medicine without having obtained a
license, shall be fined upon conviction thereof be-
fore any Police or District Magistrate IN tie sum
IF twenty dollars
Section Z. The said Board shall hate authority
10 appoint three persons Of good character and re-
idsnts OF the district, aud who are proficient IN
ne practice Of medicIne, N each taxation district
:Ieept the District OF Honolulu, to be a local
Board; and Is shall be the duty Of such local
Boards to report 10 ths Hawaiian Board OF Health
ln the qualifications Of applicants practice na-
i've medicine, and 70 state II the remedies pro-
posed srs suitable for the cure OF the diseases
Ii Section Of this Act
Section s The President Of the said Board
nay appoint the tiInEs Of meeting OF the Board
Tor the transaction OF al business under the pro-
visions Of this Act.
Scion q FoE the narRosss of this Act Sc