The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-10-09


government Of the Hawaiian
Islands:
SECTION 1. The Minister of the In
terror IS hereby authorized and en-
powered to enter upon and take poszes-
Sion OF and hold for the use of the Gov
eminent such land, real estate and pro.
perry, wheresoever situated on The Island
Oh Moiokai, In the Hawaiian Islands. as
may be required by the Board of Health
Tor the segregation and confinement If
IepeTs, or for other purposes of the Board
Of Health.
SEC. 2. Whenever the Board of HeaI,l,
shall require any parcel of land or nro.
perty on the Island OF Molokai for any
such purposes, the President of the
Beard shall SO inform the Minister of the
Interior In writing, stating the location
ana area OF such land or property so far
as may be known to him, and the pur-
pose Tor which the same is required, with
request that the same be acquired by
the Government. Ii upon receipt OF such
request and information the said NJ MIS-
ter snail deem the same to be reasonable
and proper, he shall, alter first giving
thirty days written notice to the occu-
pants of such land or property take pos
session of the same for the use of the
Government. Provided, however, that
II such land or property is not actually
occupied by any person the said Minister
may take immediate possession of the |
same.
SEC. 3. Whenever the Minister Of the |
Interior shall proceed to take possession |
OF any land or property under the pro- |
visions of this act he shall first endeayor |
to agree with the owners (if known to |
HIM, of such land or property upon the
amount to be paid them for the land or
property taken, or proposed to be taken,
or to compromise with them, and in case
OF failure to agree with them be shall
appoint three competent and disinterest-
ed persons to act as commissioners to
ascertain and determine such compensa-
ton.
SEC. 4. The commissioners so appoint
ed shall give notice to the owners, il
known to them and resident within the
Hawaiian Islands, whose property has
been taken, or is proposed to be taken.
If the owners of such land or property
be unknown or cannot be served by
reason of non residence, or other cause,
then notice posted at conspicuous
place on the land or property, or left at
the owners, occupants, tenants or
agents residence shall be deemed suffi-
cient notice. Such notice may be in gen.
eral terms and addressed to all persons
interested.
SEC. 5. Such notice shall describe the
land or property taken, or proposed to
be taken, and state the time and place at
which the commissioners will meet to
hear the claimants and take evidence az
to the amount of compensation to which
they are entitled. At every such meet
ing the commissioners shall take such .
testimony as they deem necessary, and
they or q majority of them shall deter
mine upon the proper compensation to
be made. The decision arrived at by q
the commissioners shall be final and bind :
ing unless an appeal is taken as herein I
after provided. The commissioners shall O
have power to administer oaths, subpoena &
witnesses and grant continuances in like Ii
manner as District Magistrates.
SEC. 6. The commissioners, or a major
ity of them, shall make, subscribe and
file with the Minister of the Interior,
within such reasonable time as shall be
fixed upon by said Minister, a certificate
Of their findings and appraisement, in v
which the land or property SO valued u
shall be described with convenient ac o.
curacy and certainty. s.
SEC. Z. Upon the filing OF the certi- to
fcate, as provided in the preceding Sec b.
ton, the Minister of the Interior is here 81
by authorized to pay to the person or per-
sons named in the certificate, the sever m
Il amounts determined upon by the COM to
out OF any appropriation avail P,
lble for the purpose. Provided, always,
hat either party feeling aggrieved by the ar
decision of the commissioners may APP Pl
al to the Circuit Court of the First Jul
.cial Circuit. 10
SEC. 8. All appeals must be taken
within twenty days after the date of the bi
ling of the certificate with the Minister bi
4 the Interior, by filing with the COM
nissioners written notice of appeal,
nd filing with the clerk of the Judiciary
department. bond in the sum of fifty -
ollaIs conditioned to secure payment of =.
lture costs. Provided, however, that -
fty dollars in money may be deposited
, lieu of bond. Gu
Such appeal shall not prevent the AN
linister from retaining or taking pos DO,
sssion of the land or property men, 9th
oned and valued in the certificate. in
SEC. 8. A copy of the final appraise- fec
mt or decision duly certified by the see
We OF the Interior under the seal hel
- - office shall be recorded in the the
y. the Registrar of Conveyances, str str
shall operate as deed of convey wv
! in fee simple from the owners Of
land or property to the Hawaiian
irnment.
IN Tho NfipiStar H. III