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

OF Health.
SEC. ?. Whenever the Board of II ealih
shall require any parcel of land or pro
perty on the Island OF Molokai for a"y
such purposes, tine President OF tie
Board shall SO inform the Minister OF the
Interior in writing, stating the location
and area OF such land or property 50 far
as may be known to him, and the pur-
pose for which the same is required, with
request that the same be acquired ~
the Government. II upon r ceip. ~ su:t
request and information the sail II nis
ter snail deem the same to be reasonable
and proper, he shall, after first giving
thirty days written notice 10 the occu-
pants o. such land or property take p9z
session Of the same for the use Of tie
Government. Provided, however, that
il such land or property is not actually
occupied by any person the said Minister
may take immediate possession OF tue
same.
Sec. 3. Whenever the Minister OF the
Interior shall proceed to take posse sion
of any land or property under The pro
visions OF this act he shall first endeavor
to agree with the owners (if known 10
him, Of such lsnd 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 he shall
appoint three competent and disinierest-
ed persons to act as commissioners to
ascertain and determine such com peusa-
ton.
SEC. 4. The commissioners so appoint
ed shall give notice to the owners, if
known to them ami 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 a notice posted at a conspicuous
place on the land or property, or left at
the owners, occupants, tenants or
agents residence shall be deemed suifi-
cient notice. Such notice may be in gem
erai terms and addressed TO all persons
interested.
SEC. B. 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 as
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 a majority OF them shall deter
mine upon the proper compensation to
be made. The decision arrived at by
the commissioners shall be final and bind
ing unless an APP cal is taken as herein
after provided. The commissioners shall
have power to administer oaths, subpoena
witnesses and grant continuances in like
manner as District Magistrates.
Sec. 6. The commissioners, or 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, certificate
of their findings and appraisement, in
which the land or property so valued
sha be described with convenient ac-
curacy and certainty.
SEC. Z. Upon the filing of the certi-
ficate, as provided in the preceding sec
ton, the Minister OF the Interior is here
by authorized to pay to the person or per-
sons named in the certificate, the sever
al amounts determined upon by the COM
misioners, out OF any appropriation avail
able for the purpose. Provided, always,
that either party feeling aggrieved by the
decision OF the commissioners may APP
peal TO the Circuit Court of the Fret Ju-
dicial Circuit.
SEC. s. All appeals must be taken
within twenty days after the date OF the
| filing OF the certificate with the Minister
of the Interior, by filing with the com
missioners a written notice Of appea ,
and filing with the clerk OF the Judiciary
| Department bond IN the sum OF fifty
| dollars conditioned to secure payment of
future costs. Provided, however, that
| fifty dollars in money may be deposited
in lieu of bond.
| Such appeal shall not prevent the
Minister from retaining or taking pos
session of the land or property men
toned and valued in the certificate.
SEC. 9. A copy Of the final appraise-
ment or decision duly certified by the
| Minister OF the Interior under the seal
OF his Office shall be recorded in the
Office of the Registrar of Conveyances,
and shall operate as deed OF convex
ance in fee simple from the owners of
the land or property to the Hawaiian
| Government.
FEC. 10. The Minister OF the Interior
shall, on receiving the certificate OF APP
prAisement, pay 10 the commissioners
such reasonable compensation fer their
services as he shall determine upon, and
he shall have power to fill any vacancy
in their number caused by death or
otherwise.
SEC. IL. All laws and parts OF laws
| inconsistent with the provisions OF this
Act are hereby repealed.
| SEC. u. This Act shall take effect
from the date of its publication.
| Approyed this 5th day OF October.