Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-04-27

person, persons, association or cor
poration owning such property doe,
not consent and agree to the use
required, and to the compensation
offered therefor, the said Associa.
ton and others may institute pro.
ceedingS before a Judge of the First
Circuit Court at Chambers for the
condemnation of the required pre-.
misses.
Sec. ~. The proceedings shall
be in the nature of proceedings "in
REM and shall be so entitled.
They shall, in all cases, be institut-
ed by the filing of a petition sworn
to by some person thereunto duly
Authorized, which shall set forth all
matters material in the determine
ton of the issue, and which shall at
least include the names and charac-
ter of petitioners; a statement of the
object for which the premises sought
to be condemned are required; the
names of those who have agreed to
the uses required and the compensa-
ton offered; the route, if the object
be the laying out and construction
of the railway; or location of build
ingS or other structures, and any
other matter pertinent to the issue.
All persons whose interests are in
volved may be joined in the proceed
ing, or several actions may be in
Stituted. The Minister of Interior
shall represent the Government.
Section % provides for the man.
ner of giving notice of hearing, etc.
Sections ID to p provide regula-
tons in regard to legal proceedings.
Sec. 20. If any person is ag-
grieved by the decision as to his
rights, an appeal may be taken, as
now provided by law, to the
Supreme Court; but such appeal
when duly perfected shall only
operate to suspend the judgment as
to the interest of the particular
defendant appealing and no others.
Sec. 20. In fixing the compen-
Sation or damages to be paid for the
condemnation of any property, the
value of the property sought to be
condemned and all Improvements
thereon shall be separately assessed;
and if the property sought to be
condemned constitutes only por-
ton of a larger tract, the damages
which will accrue to the portion not
sought to be condemned by reason
of its severance from the portion
sought to be condemned, and also
by reason Of the construction of the
in the manner pro-
posed by said Association and
others, shall also be assessed; and
also how much the portion not
sought to be condemned will be
benefited, if at all, by the construc-
tion of the Improvements so pro-
posed; and if the benefits shall be
equal to the amount of the compen-
'ation assessed for the property
aiken, and for damages by reason
If its severance from another por-
ion of the same tract, then the
,Wner shall be allowed no compen-
'ation; but, if the benefits shall be
eSS than the amount so assessed as
damages or compensation, then the
Inference shall be the amount
lwarded as such compensation or
damages.
end. The value of the land and
IS appurtenances, as assessed for
axes, shall furnish a basis for con-
emnation, but the judge, referee
II a jury on appeal, may award
therwise where it is evident that
he assessed value for taxes is
ither too high or too low at the
lme of filing the petition. If the
art taken shall be portion only
t the tract assessed as a unit, then
ne damages shall be proportion ,
te part of such whole, subject to
pecial damages for loss of any
articular easements or appurten-
noes.
Sec. 80. Ist. Except as by this
ct otherwise so provided, the rights
nd privileges named in Section 2 :
ereof are granted to the said
SSociation and others upon such
rms, conditions and restrictions as
wv are or may hereafter be i'm
oSed by the laws of the Republic l
Hawaii in relation to the matter
constructing and maintaining
rect railways in the cities, towns :,
I'd places of said Republic, and = =
riot compliance with such laws is 7
ereby required of the said Associa- !