The Hawaiian gazette., 1888-09-25


erested in such land owners lessee occupant or the
like where the names of such interested parties or any
of them are known TO such company
SECr1oy 10 Where the land or other property right
sought to be acquired the possession control Of
the agent attorney trustee guardian or other repre-
sentative of the owner thereof such representative shall
receive notice of the intention of such Company to &C
Quire the same, in manner provided in Section
hereof
SEcr1oS H. Such Company shall pay to the owner of
any land other property right taken by it or to his
legal representative the full value of the same to be
computed as Of the time when such notice of intention
to take the same is served In case of disagreement
as to such value such Company shall tender such
owner or his representative, if owner his repre-
sentative can be found such amount it shall deem
such land or other property right to be worth
SECTION u If such owner or his representative is
dissatisfied with the amount rendered by such Com
pany he may within twenty days from the date OF such
tender demand of such Company to have such land
other property right appraised by three diSntereSted
appraisers one of whom shall be chosen 10y each of the
parties and the third by the chosen And such
Company before entering upon such land. appropri-
ating such other property right shall tender to the
owner thereof or his representative the amount APP
praised upon the same by majority of such appraisers.
and shall pay the costs OF appraisal if the amount
found is greater than the amount first rendered, but
otherwise may deduct the costs of appraisal from the
amount 20 found If such owner or representative shall
refuse to receive the amount 50 found and rendered the
same shall be paid into the Supreme Court subject
the order Of such owner representative before such
Company shall take possession of such land other
property right
SECTION - If such owner or representative shall fail
to demand an appraisal as hereinbefOre provided or
having demanded shall for ten days refuse accept
the amount found by and upon such appraisal. such
Company may thereafter upon and occupy
such land other property right. without liability
pay damages any amount exceeding the value thereof
at the time Of the service of the notice first herein
toned unenhanced by any value such road may confer
thereon but nothing herein contained shall be construed
to prevent the recovery from such Company of damages
for any act Of trespasS in OF the just demand Of
its enterprise nor any damages resulting from its fail
ure TO fence its line without any obligation upon
tguouS owners to assist building contribute to the
building of such fences within six months of the date
Of its taking possession thereof or its failure to keep
closed or to construct efectual cattle guards upon all
gaps made by it in the fences of property through which
its line shall pass from the time of its taking possession
Of the same
OF property which such Company shall wish to acquire
for the purposes of road shall be nonresident in this
Kingdom and his place of residence shall not be known
and be shall have legal representative, attorney or
agent III this Kingdom. if such Is not known
or cannot be found Is incompetent to make a con-
tract such Company shall deposit in the Hawaiian Postal
Savings Bank to the credit of such owner an amount
equal fair valuation of such land property right
and may thereupon take possession of the
Such his representative may, at any time
within twenty years after the taking OF such possession
demand such appraisal otherwise enforce the coIlec
ton of the value of his property taken as herein
provided
SECTION 15 Nothing in this Act now in said Chapter
XXIN Of the Laws of 1913 amended aforesaid shall
be construed 10 deprive any person Of the right main
tain action at law against any railroad company or
corporation for the value Of any land property which
shall be taken by such company or corporation under
the powers conferred by this Act and used for railroad
purposes