The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1893-01-05


ant to make such election within the time aforesaid the Min
lister road authorities may election proceed
accordingly
In any property shall be deemed by the Commission
be far destroyed injured by the improvement
to practically destroy the property for the claimant they may
also determine the value of the whole premises of the claim
ant and the claimant shall have the option surrender the
whole premises to the Government payment of such vau
aon and the shall threupon be Government property
absolutely and in fee simple Suc election shall be made in
writing and fled with the Minister within twenty days after
the decision is rendered. otherwise the Minister may make
such election and proceed accordingly
In considering and arriving the amount of damage
ing any claimant the Commissioners shall take consi-
Grafton the location and of the lot taken and the por-
ton remaining and the cost and feasibility of removing any
buildings located upon the property taken the remainder
of the land of such claimant
SECTION 49, The Commissioners shall first hear decide
all awards for damages to claimants and after such decision
is fled hereinafter directed they shall proceed to hear
and decide upon the of benefits ettermens
hereinafter provided Their first decision damages
shall be marked decision the second benefits
OF betterments, as decision B.
SECTION 90 The decision "A of the Commissioners shall
be in writing printing signed by the Commissioners and
include all awards claimants with concise location of the
premises and the of the awardees majority of the
Commissioners may sit and hold hearings and may render
such decision, and it shall be sufficient.
The Commissioners shall keep minutes Of their proceed
ings and shall file the with the Minister and shall also
certified copy signed by the Chairman of their dec
sion CA the Minister and each of the claimants
TITLE VESTED IN GOVERNMENT UPON DELIVERY OF
DECISION AND TENDER OF AWARD.
SECTION 81. Upon delivery of the decision GA" to the
claimant the title of the land property shall vest in the
Government, absolutely and in fee simple, without further
conveyance Provided, however, that the Minister Gov
ake of
be made rendered the claimant of the price determined
by the Commissioners, by agreement compromise
less such claimant SHALL in writing consent thereto the
price determined be- the of disputed title deposited
in the Supreme Court of the Kingdom.
And provided further that in any for
benefits bettemens be made hereinafter provided the
Minister deduct the amount of the from the total
amount of award of decision CA to each individua and
tender OF the balance shall be good and sufficient tender
DISPUTED TITLE.
SECTION % In the title of any claimant be in dispute,
the Minister may deposit the price determined awarded in
the Supreme Court to be paid by such the party
entitled thereto it shall determine.
The claimant, party claiming title may, by petition to
such court claim such price deposited and the court shall
have jurisdiction order such notices and to be is
sued and given proceedings had and acts done equity and
justice may require and to it meet Such proceedings
shall be the nature of proceedings equity and simple
and concise possible.
The deposit of such price in such shall release the
Government and Minister from any responsibility to any
claimant claims of any Tor the property taken price
awarded.
MINISTER MAY COMPROMISE CLAIM.
SECTION %. The Minister shall have the power to
pound and compromise with claimant party
teresed either before of after any such decision of the Com
mssoners any way he deem most advantageous to
the Government for that purpose may substitute other
land in lieu of that taken He shall also have the power
pay awards compromises out of any appro
priated by the Legislature for such purposes.
FOR REMOVAL PROPERTY.
SECTION a. The Commissioners shall grant reasonable
time interested timber trees, build
ings, fences and other property dor which payment for
damages awarded and if the shall be removed
within that time unless the time be extended by the Com
mssoners the Minister they shall to the benefit
Hawaiian Government and the shall be deem
ed have enqushed and released all their rights and