The Hawaiian gazette., 1894-11-02


OF Boundaries for the circuit in which
the land is situated, an application to
have the boundaries of said land decided
and certified to by said Commissioner or
his successor in Office. The application
shall state the name of the land, the
names of the adjoining land or lands, and
the names of the owners OF the same
where known, and it shall also contain a
general description, by survey or other
wise, of the boundaries as claimed.
Section 3. 1t shall be the duty OF the
Commissioner, on receipt of such appli-
cation as above provided. to notify the
owner or owners of the land. and also
those of the land adjoining. of the time
when he will be prepared to hear their
case. Further, it shall be the duty of the
Commissioner to advertise for not less
than three weeks in at least one English
and one Hawaiian newspaper a notice Of
the locality to be adjudicated ON and the
date and place of hearing. The Commits
sioner shall receive at such hearing all
the testimony offered; shall go on the
ground when requested by either party,
and shall endeavor otherwise to obtain
all information possible to enable him to
arrive at just decision as to the bound
aries of said lands. Upon giving "a de-
cision, the Commissioner shall therein
describe the boundaries decided on by
survey, by natural typographical features,
or by permanent boundary marks, or
partly by each; and he shall have the
power to order such surveys and marks
to be made or erected as he may consider
at the expense of the parties
in interest, but he shall in no case alter
any boundry described by survey in any
patent or deed from the King or Govern
ment, or in any Land Commission Award
Section 4. Any party deeming himself
aggrieved by the decision Of the Commits
sioner may appeal therefrom to the Su-
preme Court within thirty days from the
rendition of the decision, and within said
period shall pay all costs accrued and
shall deposit with the Commissioner a
good and sufficient bond to the Clerk OF
the Supreme Court, in the sum of one
hundred dollars, conditioned for the pay
nent of costs further to accrue in case Of
lefeat; provided, however, that any land
owner absent from the Republic, and not
represented by an authorized agent with
n the Republic, shall have the right of
appeal for one year from the rendition of
aid decision.
Section 5. Whenever any person shall
appeal, as provided in the last preceding
section, it shall be the duty Of the Com
missioner to transmit to the Clerk of the |
Supreme Court a copy of the record and
If his decision, together with any exhibits |
lied and the bond for costs to accrue !
The Supreme Court may permit the in
reduction of new evidence which could !
rot with due diligence have been obtain |
d before, and its decision shall be final /
md binding.
Section 6. Each Commissioner shall !
lave power to administer oaths, to punish |
to grant aIjournments, to
ubpoena and compel the attendance of
witnesses, and the production of books
nd papers, to issue execution for costs
nd generally to exercise the same author
BY in regard to his special jurisdiction
S is by law conferred upon District
Magistrates.
Section7. The Minister of Interior is
ereby forbidden to issue any patent
rom and after the passage OF this Act, in
Confirmation of an Award by name, made
y the Commissioners to quiet land titles,
-ithout the boundaries being defined in
uch patent, according to the decision of
Commissioner of Boundaries, or the
upreme Court, on appeal
Section 8. Each Commissioner shall
eep record of his proceedings in books,
, be furnished him by the Minister of
ne Interior, which books, when filed.
nall be returned to the Minister
Section 9. The certificates of each
shall be made ON stamped
aper, furnished by the Minister of In
,rior, and each Commissioner shall col
ct and account to the Minister of In
.rior, for the benefit of the Public
one dollar for each stamped
,rtifcate issued by him.
Section TO- Each Commissioner shall,
thin thirty days after issuing certifi-
tie of boundaries, deposit certified
,py thereof in the Office of the Minister
the Interior.
Section II. All applications ON file
it'll any Commissioner appointed under
e Act to Facilitate the Settlement of
approved ON the 22nd day
June, 1868, and all records in the pos
ssion of any said Commissioner, shall
|. Immediately transferred to the Com
issioner having jurisdiction under this