The Hawaiian gazette., 1893-10-10

SECTION l. The Minister OF the In-
terror is hereby authorized and EN-
powered to enter upon and take posses
sion Of and hold for the use Of the Gov.
eminent such land, real estate and pro
perty, wheresoever situated on the Island
of Molokai, 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. ,. Whenever the Board OF Health
shall require any parcel OF land or pro-
perty 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 lar
as may be known to him, and the pur-
pose for which the same is required. with
a request that the same be acquired by
the Government. Ii upon receipt Of such
request and information the said Minis
ter shall 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 CT the same Tor the use.of the
Government. Provided, however, that
If such land or property is not actually
occupied by any person the said Minister
may take immediate possession OF the
same.
SEC. }. 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 10
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 he shall
appoint three competent and disinterest-
ed persons to act as commissioners 10
ascertain and determine such compensa-
ton.
SEC, I. The commissioners so appoint
ed shall give notice to the owners, If |
known to them and resident within the |
Hawaiian Islands, whose property has
been taken, or is proposed to be taken.
II the owners OF such land or property
be unknown or cannot be served by |
reason OF non residence, or other cause,
hen notice posted at conspicuous
place on the land or property, or left at
he owners, occupants, tenants or
.gent's residence shall be deemed suffi-
lent notice. Such notice may be in gem
raj terms and addressed to all persons
Interested.
SEC. 5. Such notice shall describe the
and or property taken, or proposed to
,e taken, and state the time and place at
which the commissioners will meet to
lear the claimants and take evidence as
0 the amount of compensation to which
hey are entitled. At every such meet
ne the commissioners shall take such
as they deem necessary, and
hey or majority OF them shall deter
nine upon the proper compensation to
,e made The decision arrived at by
be commissioners shall be final and bind
ng unless an appeal is taken as herein
fter provided. The commissioners shall
lave power to administer oaths, subpoena
witnesses and grant continuances in like
manner as District Magistrates.
SEC. 6. The commissioners, or major
" OF them, shall make, subscribe and
lie with the Minister of the Interior,
within such reasonable time as shall be
xed upon by said Minister, certificate
+ their findings and appraisement, in
which the land or property 50 valued
hal be described with convenient ac-
uracy and certainty.
SEC. :. Upon the dling Of the eerti-
icate, as provided Ia the preceding sec
ion, the Minister OF the Interior is here
" authorized to pay to the person or per-
ons named in the certificate, the sever
j amounts determined upon by the com
out OF any appropriation avail
ble for the purpose. Provided, always,
hat either party feeling aggrieved by the
ecision OF the commissioners may APP
zeal to the Circuit Court of the First Ju-
Iicial Circuit.
SEC s. All appeals must be taken
within twenty days after the date Of the
ling OF the certificate with the Minister
t the Interior, by filing with the com
lissioners a written notice OF appeal,
nd fling with the clerk OF the Judiciary
bond IN the sum of fifty
ollars conditioned TO secure payment of
1ture costs. Provided, however, that
fly dollars in money may be deposited
! lien OF bond.
Such appeal shall not prevent the
linister from retaining or taking pos
ession OF the land or property men
oned and valued in the certificate.
SIC. 9. a copy oi the final appraise-
lent or decision duly certified by the
iinister OF the Interior under the seal