Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1895-08-17
BY AUTHORITY.
a CT l9.
AN ACT TO REGULATE THE ACQUISITION OF
RIGHTS OF WAY OVER THE LAND OF OTHERS.

RIGHTS OF WAY OVER THE LAND OF OTHERS.
Be enacted by Legislature of the Republic of Hawaii:
SECTION L. Whenever any person shall be DESTROYS of
qung private right of the land of another
persons for railway drain fume water pipe ditch
for agricultural milling manufacturing, mining domestic
sanitary unable agree with the
whose land lands it is desired to acquire such
right of way petition be made Circuit Judge of the
Judicial District within which such land is situated setting
forth the of the of the land
lands which it is desired acquire such right of
and all the facts diagrams for the understanding
of the
SECTION q After service of such petition required
by law hearings at Chambers the Judge whom the petit
addressed testimony regard
the proprie and utility of granting such right of and the
amount of damages both direct and consequential which may
be suffered by the the proposed seven lands
If such Judge shall find that the acquisition of such right of
reasonable proper and useful he shall enter judgment
authorizing the construction of the and awarding damages
but right of provided by such judgment shall be
CURED unless the awarded and shall be paid by
the petitioner within thirty days from the rendition the iudg
ment Such payment be made to the party whose favor
the award is given, or to the court
SECTION g. Such judgment, if in favor of the petitioner
shall forth the route of the proposed railway, DRAIN fume
pipe ditch and what fences bridges and crossing
Places if any, shall be maintained by the petitioner After
the construction of such railway drain ume water pipe
ditch shall be incumbent the of such railway DRAIN
Aume watrppe ditch his heirs and assigns to keep such
railway drain fume water ditch fences bridges and
crossing places proper repair and for that purpose shall have
the right entry all reasonable times and of such
railway DRAIN ume, water pipe ditch his heirs assigns
shall be answerabe at all times to the of the land his
assigns for any damages which may
result by of overflow of water other damage
by the failure keep such railway drain fume
pipe ditch the be- in repair failure
the fences and bridges and crossing places proper
pair If the Judge before whom such be heard
shall find that the proposed right unreasonable
expedient he shall enter judgment for the respondent
A. If either party shall be dissatisfied with the
decision of any Judge before whom any arising
this Act shall be brought he may appeal the Justices of the
Supreme Courtsng Banco and his be heard up
the record but either party adduce before such
further testimony If the respondent shall appeal and shall
succeed in reversing the judgment below increasing
damages by onefh he shall the costs of the appeal
all other the of said appeal shall be by
petitioner
SECTION s. The word person used in this Act shall
be held mean only individuals but any and all
corporations the Commissioners of Public Lands
shall also include owner we'll occupier.
SECTION g. This Act shall effect and become law
from and after the date of its approval.
Approved this 18th day of August A. D. 1896.
SANFORD B. DOLE,
. President of the Republic of Hawaii.