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


removal of property where option given; also the amount
finally agreed upon of claims that may have been
promised by the Ministers also the estimated cost of work.
labor and material to be expended by the Government to per-
feet such opening closing improvement
All estimates shall be signed by the Minister Chief
Clerk of the Department of the Interior Provided however,
that the failure to include the omission of any item of
expense shall not invadate any estimate any
ment of benefits or beerments.
SECTION 27. Upon filing their Decision to damages
the Commissioners shall determine the estimate of
and expense from their decision and from estimates and
claims compromised that may be furnished them by the
Minister
NOTICE TO BETTBRMENT HEARING.
SECTION %. The Commissioners shall give notice of a
time and place which parties interest whose estates
may in their opinion be no ace liable to assessment for
benefits or beerments, may attend and be heard
Such notice if served by the Commissioners any by
their direction in the service is provided
Section - of this Act be made by the Road Authorities
shall be deemed good and sufficient service.
RETIREMENT DECISION.
SECTION 80 After hearing all parties that may appear
the Commissioners shall determine and apporton onehaf of
the estimated cost and expense of the proposed improvement
the Estates and respective interests estates benefit
ed betteed herenbeore forth, in such proportion
in their Judgment such estates ought to be assessed and
ought to bear the same
SECTION 80 The Commissioners shall render and file with
the Minister decision of their award of of bene
fits or beermens to be marked Decision B. which decs
ion shall set forth all benefits assessed with
l. Location of estate.
q Name of owner party interested.
g. Amount assessed benefit betterment
interests.
Total Of expense be borne by estates
assessed.
The Commissioners shall also file with the Minister all
documents and papers and records
The shall ifad of
their Decision to benefits and bettermnts the
of party interested in each estate assessed and also
the Minister.
BETTERMENT DECISION RAISES A LIEN.
SECTION 81 The Minister shall to be recorded in
the Office of the Registrar of Conveyances in Honolulu
certified copy Of decision B, within sixty days after the
shall have been filed by the Commissioners and lien shall
attach to each estate interest therein in the
Government for the Of benefits bettemens
ed which lien shall have precedence all other liens what
but personal liability shall attach to the of
the estate
Such lien may be enforced by suit in equity the
of suits for foreclosure Of mortgages any that
may be provided by law.
Provided however, that such lien shall be enforced after
the expiration of five years after the attaches.
UNPAID BETTERMENT- ASSESSMENT INTEREST.
SECTION 32 All remaining unpaid after sixty
days from the filing of decision with the Minister, shall
bear and interest at the rate of nine per per
APPEALs-APPELLATE COURTS
SECTION 49, Any person aggreved by the decision of the
Commissioners to the award of damages by decision
the assessment of benefits beerments by decision
boh may appeal thereom to the Circuit Court of the Judi
cial Circuit in -ch such action is located.
REQUISITES OF APPEAL.
SECTION 81 All appeals must be taken within twenty days
after the service appellant of certified copy of the dec
sion of the Commissioners appealed FROM by filing with the
Commissioners notice in writing such appeal by paying
the of five dollars costs of appeal and filing bond
in the of fifty dollars conditioned payment of
future COSTS to be made to the Clerk of appealed
to- Provided however, that cash may be deposited in lieu of
such bond.
Upon receipt Of notice of appeal costs and bond the
Chairman of the Commissioners o he the
District, of the other Commissioners shall make out
sign and deliver to each appellant certificate of appeal in
the following form, to wit