The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-21

a.
formity with vested rights and shall be Just and eqult
able between the parties The decision shall state
pressy the findings of fact the evidence and shall in
cases of right of way clearly indicate the location Gf
possble) and nature of the way if water right 1t
shall state the proportion time for use and any other
things necessary to 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 Commissioner The said
books when filed shall be deposited with the Clerks OF
the respective Courts The decisions of the several Com
mssioners 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 pendency of such suit subject to
the right of appeal.
SECTION s. There may be taxed costs in cases ars-
ing hereunder besides the usual statutory COSTS as al
lowed in the Police Courts for service summons oaths
and otherwise the fees of the Commissioner SIX dollars
day for each days hearing and his reasonable actual
expenses in visiting the locality and not twenty
cents a folio for copies of the evidence and decision
either on appeal furnished any party The costs
may in the discretion of the Commissioner be divided
or taxed to the losing party In of appeal the final
award as to costs shall abide the decision of the Court
SECTION 6. Any party aggrieyed by the decision of
the Commissioner may appeal therefrom to 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 appeal and shall deposit with
the Commissioner good and sufficient bond to the Clerk
of the Court the Of hundred dollars condl-
toned for the payment of costs further to
of defeat In of appeal, the Commissioner shall
promptly transmit to the Clerk of the Court copy OF
the record together with any exhibits filed, the bond
for COSTS and all costs not strictly retanabe by him
actually disbursed The Court may permit the intro
ducton of evidence which could not with due dill
gence have been obtained before and its decision shall
be final and binding except as aforesaid.
SECTION z. The Commissioner shall have. power to
administer oaths to punish contempt grant adjourn
ments to subpoena and compel the attendance of wit
neses to issue execution for COSTS to enforce specific
performance of judgment and generally to exercise the
authority in regard to their special jurisdiction
is by law conferred upon Police Justices.
SECTION s. 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
or water for the benefit of the Honolulu Water Works.
with the provisions of Act to regulate the pas
sage of lands of those benefited thereby
approved the 18th ofSeptember A. D. 1876
SECTION g. Sections 996, 997 and 1901 of the Civil
Code, amended by the Act of 1860 entitled an Act
to amend Article A. Chapter XVI. of the Civil Code;
Sections $685. 999 and 1908 of the Civil Code amended
by Chapter XIX of the laws of 879 Sections 1000 and
1902 of the Civil Code Act entitled Act to amend
Article A. Chapter XVI of the Civil Code approved the
26th day of August A D. 1860; An Act entitled an Act
to amend Section 999 of the Civil Code approved the
18th day of May, A D. 1868; Chapter LXIX of the Ses
sion Laws of 1885, entitled an Act to amend and con-
solidate the law relative to the Commissioners of Pr
vate Ways and Water Rights and all other laws and
parts of laws in contravenon hereof be and hereby
repealed
SECTION TO- This Act shall take effect from and after
its approval
Approved this eleventh day of August, A. D. 1888.
KALAKAUA REX
By THE KING:
L. A. THURsToN,
Minister of the Interior.
-O-
AN ACT
AMENDING SECTION OF CHAPTER L. OF THE PENAL
CODE RELATING TO BAIL.
Be it Enacted by the King and the Legislature of the
Hapaiian Kingdom:
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