The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1895-07-13

Section 81. It shall be lawful for tie
Company, their servants, agents aud
workmen, from time to time, and ~ all
lime hereafter. as theS shall see fit, and
hey are hereby authorized and empow-
red 50 To do, to enter into aud upon the
aud Of any person or persons. bodies
nlitic or corporate, and to survey, ct
it and n certain such parts thereof, as
nev NAV require for the said works OF
anv ot them, and to contract with the
owners aud Occupiers Of, aud Ill persons
and bodies corporate having any interest
in he said lands, for the purchase OF the
same or any part thereof, or OF any
privilege that may be required for the
purpose Of constructing and operating
said lines OF railway or other works, or
any Of them, or for the right to AXE
timber, stone, gravel, sand and other
m itcrials from the aforesaid or any
lands adjacent thereto, for the use and
construction Of the said works, or any
Of them.
Section 80. In any and every case 81
disagreement between the said Compan,
and the owners, occupiers or other per-
sons, or body corporate, ~ afoi esaid /,
respecting the amount OF the purchase
money, or value thereof, or as the
amount OF damages any OF the persons or
b dies corporate aforesaid, shall suffer
through the construction Of the said
rail ~ avs or any OF them, the matter or
matters so in dispute shall he decided by
three arbitrators, OF whom the Company
shall appoint one, the person or body
corporate so damaged shall appoint an
other. and such arbi rators shall, within
ten days OF their appointment, or that of
the last OF them, appoint third arbi-
traitor; but in the event OF two such
arbitrators not appointing third arbi-
TRAITOR, within the time aforesaid. Judge
OF the supreme Court of the Republic OF
Hawaii shall, on application of either
party, appoint such arbitrator. In case
any owner or occupant, or other person
having an interest in said lands, shall
be an infant, or insane, or in case any
such person shall be absent from the
Hawaiian Islands, or shall refuse to np-
point an arbitrator in his behalf, OF in
case OF body corporate not having an
agent or representative in the Hawaiian
Islands, then . judge OF the Supreme
Court Of the Republic of Haw ii, on
application being made 10 him for that
purpose by said Company, shall appoint
q dlsinterested person as such arbi.
traitor.
Section 49, The said arbitrators shall
award, determine, adjudge and order
the respective sum or sums OF none,
which the Company shall pay to the re.
spective persons or corporation entitled
to receive the same.
Section 40 The said arbitrators shall
be, and they are hereby required /,
attend ut some convenient place at or il
the vicinity of the said City OF Honolulu
to be appointed by the Company ate
eight days notice given Tor that purpos,
by the Company, then and there to arbi
tra'e and award, adjudge and determine
such matter and things as shall be sub
mitted to their consideration by III,
parties interested, and such Arbitrator
shall be duly sworn before Justice o
the Circuit Court. Provided, always
that any award under this charter sbal
be subject to he set aside. on application
to the Supreme Court OF the Republic @
Hawaii in the same manner, and ON tn,
same grounds, as in ordiia airy cases O
arbitration, in which case reference ma,
be made again to arbitration, as herein
before provided, and that any sum s,
awarded, and costs, shall be paid within
one month from the date OF award, O
determination OF any motion to annu
the same, and in default OF such nav
ment; the proprietor may resume occu
patton OF his property, and all his right
shall thereon revive, and the award O
the majority OF the said arbitrator shall
be binding IN all parties concerned, sub
ject as aforesaid.
Section A. The lands which shall b.
ascertained, set out, or appropriate b.
the Company Tor the purposes thereof
as aforesaid, shall thereupon and SO lon,
an the said Company comply with tn,
provisions OF this charter, be vested il
the Company +; and it shall be lawful 70
the Company TO construct, erect, main
tain in and upon the said lands sucl
works as may be requisite for the under
taking and opei atoms of the Company
Section AZ. The stock OF said Compan,
and the works to be constructed as afore
said and the lands, buildings and othe
property belonging to the Company
shall be exempt from taxation for tel
years from the date hereof.
Section 43 All material and supple
OF whatsoever nature or description re
lqnired in The construction of said rail
way and other works, shall be admitte,
Tree oil customs charges OF any kind.
Section A. The powers, permission
authorities, rights and privileges, hereil
before contained, are granted to the sal,
Company for the term of fifty wears
from tine granting OF this Charter, an,
the obligations hereinbefore impose,
upon the said Company shall be bindinl
upon them so long as they shall operat'
the said railway and other works unde
the said Company