The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1893-10-09

PERTY THAT MAY BE REQUIRED
BY THE BOARD OF HEALTH.
Be it enacted by the Executive and Advisory
Councils of the Provisional Government OF
the Hawaiian Islands
SECTION 1. The Minister Of the Interior is
hereby authorized and empowered to enter
upon and take possession Of and hold for the
use of the Government, such land, real estate
and property, wheresoever situated on the ISL
and of Moloka in the Hawaiian Islands, as
may be required by the Board of Health for
the segregation and confinement Of lepers, or
for other purposes Of the Board OF Health.
SEC. q. Whenever the Board Of Health
may require any parcel Of land or property on
the Island of Molokai for any such purposes
the President of the Board shall so inform the
Minister of the Interior in writing, stating the
location and area of such land or property so
far as may be known to him, and the purpose
for which the same is required with request
that the same be acquired by the Government
IF upon receipt of such request and information
the said Minister shall deem the same TO be
reasonable and proper, he shall after first
giving thirty days written notice to the occu-
pants Of such land or property take possession
of the same for the use Of the Government.
Provided, however, that if such land or pro-
perty is not actually occupied by any person
the said Minister may take immediate posses
sion of the same.
SEC. g. Whenever the Minister of the In
terror shall proceed to take possession Of any
land or property under the provisions Of this
Act he shall first endeavor to agree with the
owners (if known to him) Of such land or pro-
perty 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 disinterested per-
sons to act as commissioners to ascertain and
determine such compensation.
SEC. 4. The commissioner SO appointed
shall give notice to the owners, if known to
them and resident with 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 conspicuous place on the
land or properly, or left at the owners,
be deemed sufficient notice. Such notice may
be in general terms and addressed to all per
sons interested.
SEC. s. Such notice shall describe the land
or property taken, or proposed 10 be taken,
and state the time and place at which the
commissioners will meet to hear the claim
ants and take evidence as to the amount
of compensation TO which they are enti-
tied. At every such meeting the commits.
sioners shall take such testimony as they deem
necessary, and they a majority Of them shall
determine upon the proper compensation to be
made. The decision arrived at by the com.
missioners shall be final and binding unless an
appeal is taken as hereinafter provided. The
commissioners shall have power to administer
oaths, subpoena witness and grant continuances
in like manner as District Magistrates.
| SEC. 6. The commissioners, or majority
of them, shall make, subscribe and file with
the Minister of the Interior, within such
reasonable time as shall be fixed upqHA said
Minister, certificate of their findings and
appra sement, in which the land or property
so valued shall be described with convenient
accuracy and certainty.
SEC. 7. Upon The filing of the certificate,
as provided in the precedent section, the Min
lister Of the Interior is hereby authorized 10 pay
to the person or persons named in the certih-
cate, the several amounts determined upon by
the commissioners, out of any appropriation
available for the purpose Provided, always,
that either party feeling aggrieved by the deci.
sion Of the commissioners may appeal to the
Circuit Court of the First Judicial 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 commissioners a written
notice of appeal, and filing with the clerk o
the Judicial Department bond in the sum o.
fifty dollars conditioned to secure payment o
future costs. Provided, however, that fifty
dollars in money may be deposited in lieu of 4:
bond.
Such appeal shall not prevent the Ministe
from retaining or taking possession of the lane
or property mentioned and valued in tn,
certificate.
SEC, 9. A copy Of the final appraisemen
or decision duly certified by the Minister OF tn
Interior under the seal Of his office shall be re
corded in the Office Of the Registrar of Convey
ances, and shall operate as a deed of convey
ance in fee simple from the owners of the Ian,
or property to the Hawaiian Government.
SEC. TO- The Minister OF the Interior shall
on receiving the certificate of appraisement
pay to the commissioners such reasonable com
pensation for their services as he shall deter
mine upon, and he shall have power to fill an
vacancy in their number caused by death O.
otherwise.
SEC. II. All laws and parts Of laws incon
sistent with the provisions OF this Act are here
by repealed.
SEC. IL. This Act shall take effect fror
the date of its publication.
Approved this 9Th day Of October, AID. 1850,
(Signed) FRANCIS NJ. HATCH,
Vice President of the Provisional Governmer