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


missioners be produced before such court
PRODUCTION OF RECORDS ON APPEAL.
SECTION 35 Upon notice by appellant the may
quest the Minister to produce and file with it's Clerk the
ords of the Commissioners certified copies thereof
Upon such request of the Court the Minister shall
be up filed with the Clerk of Court all pa
per utes reports decisions and records of the Commits
soners, certified copies thereof for in any such APP
peas
Upon the final decision settlement of the appeals, the
Court having jurisdiction of such records and documents shall
Immediately return the to the Minister together with
any judicial alteration, amendment decision and the
shall become record in his department
ASSESSMENT OF COSTS.
SECTION 36 The Court of Appeal may determine and award
what COSTS proportion of costs shall be paid by any ap
pellant.
MINISTER MAY APPEAL.
SECTION 81 The Minister shall have the right of ap
peal and shall give the notice and receive certificate
of appeal Provided however, that he shall not be required
to give deposit any costs or bond.
BETTERMENTs DEDUCTED FROM DAMAGES.
SECTION 3S. The Minister may, in any damage be
awarded benefits assessed the estate deduct the
assessment from the amount of damage
CERTIFICATE OF SERVICE OF NOTICE
SECTION 49, Any service of notice under the provisions of
this Act duly certified by the person making the shall
be prma tucie evidence of such service.
DECISION OF COMMISSIONERS CONCLUSIVE.
SECTION 4O The decisions of the Commissioners shall be
conclusive all parties who have had notice served
vded herein and all who have become parties to the pro-
ceedngs subject to appeal
DEATH DISABILITY ABATE PROCEEDINGS.
SECTION A. In proceedings under this Act there shall
be abatement by the death disability of in
interests but the executor administrator heirs devsee OF
the deceased the representative of the
der disability appear and the
the deceased person persons under disability might
have DONE
IMPORTANTLY NOT TO INvALIDATE PROCEEDINGS
SECTION 49, No act procedure herein shall be illegal
nvadate the proceedings decisions account of i'll
formay because the completed within the
time required by law except time to removal of property
by camants unless the private rights of persons interested
shall be nurousy affected thereby and the burden of proof
thereof shall be the party claimant and such legaty
shall be taken advantage of only by said person and shall
in no wise affect the general proceedings.
TITLE AND DISPOSITION OF ROADS.
SECTION 43. All lands and real property taken for high
improvements under this Act shall belong to the Ha
waian Government absolutely and in fee SIMPLE and in
highway improvement shall at any time be vacated
closed abandoned discontinued the land of such highway
improvements shall be used for the purposes of the Gov
ernment provided that the shall be any way
disposed of by the Government it shall be first offered to the
abuors in compromise for reasonable length of time and
at reasonable price, and they do not take the then
it may be sold at public auction.
IMPROVEMENT A CHARGE ON THE DISTRICT
SECTION A. The Minister may, except in otherwise
specially provided for by law charge upon the road district
district wherein the improvement les the cost and
pense proportion thereof if the improvement lies in two
road DISTRICTS of the proposed improvement.
COMPENSATION OF COMMISSIONERS
SECTION 49, Each Commissioner shall be entitled to five
dollars for each day of active service and such further
pensaton the Minister allow and also such clerk hire
stationery, etc, as may be allowed by the Minister
DUTY MARSHAL AND SHERTFFS
SECTION 46 1t shall be the duty of the Marshal Sheriff
do and perform any thing of him required by the
provisions of this Act and the deputy of the Marshal of
the Sheriff is hereby authorized to perform such duty when
directed by the Marshel or Sheriff