The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-12-25

of the Road Supervisor Immediately
determined upon, to cause notice to
be posted along the line of such pro
posed new road, street or highway,
/ proposed to be closed, opened OF
widened or altered, advertising the
fact, and calling upon all parties In
terested therein, to bring forward
their claims to the nearest Circuit
Judge, Police or District Justice,
and it shall be the duty of such
/ Judge or Justice to forward a list of
all such claims to the Minister of the
Interior"
Civil Code, Section 1S6. Upon
the receipt Of such claims, if the
Minister of the Interior and the sew
eral claimants cannot agree upon the
amount to be paid TO such claimants,
the said Minister shall appoint three
disinterested persons as Commits
sioners, or may request any Judge
Of a Court of Record to cause a jury
to be summoned and drawn in like
manner as before provided, to assess
the value of the private property, or
such damage likely to be sustained
| by the owner or occupier of any land
10 be taken for the proposed i'm
proyement, whose decision. or the
decision Of a majority of them, shall
determine the price to be given by
the Government for fsuch private
property, or for such damages as the
case may be, and such Commission
ers or jury, shall send certified
copy of theiFsdecision to the Minis
ter Of the Interior and another to
the claimant"
An Act to establish the grade of
streets and highways, and the grade
and widths of sidewalks in the city
of Honolulu. Approved 18th Dc
tober, 1856.
Section l. 1t shall be the duty of
the Minister of the Interior to APP
point Commission of three Civil
Engineers, one of whom shall be the
Superintendent of Public Works, to
establish the grades of all streets
and highways, and the grades and
widths of all sidewalks thereon in
said city of Honolulu
Section ,. 1t shall be the duty of
the Commission provided for in Sec
ton 1 of this Act, to carefully survey,
level and grade the streets, highways
and sidewalks, as they may be di-
rected by the Minister of the Int
rior, and make proper and complete
plans and profles of the same, with
the grade line and widths recon-
mended by them distinctly marked
thereon. Such plans and profles
shall be signed by the Commission
ers, and the Minister of the Interior
shall countersign the same and cause
the official seal of the Department of
the Interior to be affixed thereto.
Section 3. The plans and profles
described in Section 2 shall be known
as the official map, showing grades
and sewers of the streets, highways
and sidewalks which they describe,
in the said city of Honolulu, to which
all works on the streets, highways
and sidewalks shall conform, and
they shall be preserved in the ar
chives of the office of the Superin-
tendent of Public Works. Such
plans and profles shall be open at
all times to the inspection of parties
interested, without charge" =
An Act to provide for the bringing
of suits by or against the Hawaiian
Government
"Section 2. Whenever any citizen
of this Kingdom, or other person,
shall have a claim or claims against |
the Hawaiian Government, which |
said Government shall refuse or neg
lect to satisfy or adjust, it shall be |
competent for such person to bring
and maintain a suit or suits against |
said Government in any appropriate |
Court of Record of the Kingdom for |
the purpose of adjusting such claim
or claims.
Section 3. No such suit as men
toned in Section of this Act shall |
be permitted to be fledin any Court, |
nor shall any process issue from any |
Court therein, until the complaint,
libel or declaration proposed to be
filed in such cause, shall have been
to the Justices of the SUI
preme Court. and shall have been
by a majority of such JUS
tees, with an allowance of process
against the said Government therein.
If. upon such submission, the said
Justices shall be of opinion that the
claim set forth in such complaint,
libel or declaration, is a fair subject
for judicial investigation, it shall be
the duty to allow process to issue
therein, otherwise to withhold such
allowance. Provided, however, that
no suit shall be authorized, nor shall
any process issue against the Gov
srnment, based on any contract or
my act of any Government officer
which such officer is not authorized
% make or do by the laws of this
Constitution, Article 8. mo per
son shall be deprived of his property
without due process of law"
Article IA Private property may
De taken for public use but only
lpon due process of law and Just
compensation"
G. w. Ashford, TAttorney-Gen-
raj for the respondent submitted
I