The Hawaiian gazette., 1901-03-01

N.lH IN lHIitNh
e., b Enacted bf tHt Legislature of Us
Imfiaf w Hawai-
section Ihp gotuiuat .u appoint
. Commission consisting ~ tI.ec rumpr.
tent and disintofrated pefsuns iu iake ~
tdsncs concerning inlufies 20 proper.
caused hy an action of thr BOARD ~
Iieanh Boz connection with thc eurpfc'
zion of huhuuic plague iu IurUluiu ana
elsewhere boo this Territory aud by NO
runnagrati0u 300 Honolulu on January ~,
1870. and t0 report upUu claims iol dnfn.
sges growing thercout
Sec. The Governor shall designate
enc uf such persons % hc chairman %
said Commission.
sec. :. As soon a. practicable after
ps apnointment the comm ssi0n.
through lts chat man. shall alive public
notice that 80 Is ready tu receive claims
aud 90 hear evidence concerning the
same,
sec. The Commission shall there
after hold public seasons for the hear
ing aud consideration OF Gains at some
convenient place tn Honolulu ON not less
than three days in each week until the
considerat on Of all claims filed SHAH
have teen completed.
sec. g. A majority Of the commission
crs shall constitute quorum for the
transaction Of business.
Sec. s. The Commission shall have the
same power a. that now possessed by
the Circuit Courts to compel the attend
ance OF witnesses, TO compel the produc-
ton OF books, papers and accounts, 10
administer oaths and TO punish persons
guilty OF contempt IT shall also have
the power to appoint clerk a stenog-
raphcr, a balm and interpreters, and TO
all such other acts, and to take all other
steps necessary to the proper discharge
Of it's duty IN receiving, considering and
reporting upon all such claims as may
properly be brought before 1t In accord
ance with the provisions OF this Act. And
u shall have power 10 make rules for
the conduct Of it' work but not incon-
sistent with any provision of this Act.
Each Commissioner of the commission
and the clerk of the Commission shall
have power TO administer oaths and ar
iirmations.
Sec. :. The Comm ssion shall have Juris-
diotion, and II shall be its duty to hear
examine into and determine as to the
truth OF all claims founded upon actual
and direct injuries to property which are
filed with the Commission within six
months from the cate Of the notice spec
iiied la section 3. No claim for any
speculative or consequential damage, or
for the loss of rent Or the use OF prop
erty, or loss of profits through the inter-
ruption Of business shall be considered.
Nor shall the Commissioner consider any
claim not filed within said period of six
months Upon the completion of the
work, the Commission shall report its
findings to the Governor. Such report
shall state in detail in each case the
name Of the claimant, amount of claim,
nature of property alleged to have been
damaged, the facts found by the Com
mission, its award and also such COM
ment as it may see fit to make.
Sec. s. Claims shall be filed with the
clerk in duplicate by the person who was
the owner of the property at the time 1t
Is alleged it was injured or by the per-
son to whom the claim has been duly as
signed in writing. The statement OF
claim must be verified by the oath of the
claimant or by some one on his behalf
that the claim is true of the atlantis
own knowledge, except as to matters
stated upon Information and belief and
as TO those, that he believes them to be
true Each claim shall contain an item
lied statement In the English or Ha-
wsiian language of the loss sustained,
the situation of the property at the time
of the loss, and If the claim is for in
jury to a building, shall state the name
of the owner of the land upon which It
stood and when and upon what consid-
Grafton the claimant or his assignor be-
came interested therein: the amount OF
the insurance, II any, on such property
the owner of the property has deceased
or IL a minor. the claim shall be pre-
scented by his legal representative.
Sec. .. The Territory may appear be-
fore the Commission by attorney and
present evidence and otherwise defend
against such claims. The clerk shall
deliver one copy Of each claim filed to
the Attorney General. and no other ser
vice upon the Territory shall be required.
1t shall not be necessary for the Terri
tory to answer or TO otherwise Join issue
on any claim.
Sec. 10. Claims shall be heard in the
order in which they are filed unless the
Commission shall for special reasons
otherwise direct. But no claim shall h"
heard within three days after the same
is filed.
Sec. II. sworn copies OF the minutes
resolutions and records of the Board OF
Health, sworn reports OF agents TO the
Board of Health as to the sanitary and
other conditions OF the premises con-
demned by the Board OF Health and
sworn statements of Board OF Health ap-
praisers are to he taken as prlma facle
proof of all acts, matters, conditions and
values therein stated. provided that such
minutes, resolutions. records, reports and
statements were made prior to the pas
sage OF this Act.
Sec. 70. There shall be paid by the
claimant upon the filing OF each claim q
deposit to cover the cost of hearing and
reporting upon the claim, as follows:
Where the amount claimed does not
exceed $500 So
Where the amount claimed is more than
than 500 and does not exceed 81 1000, 81.
Where the amount claimed is more than
5000 and does not exceed 5000, $40
Where the amount claimed is more
than 5000 SIS
All moneys So deposited shall be ne
counted for and paid by the chairman
into the Treasury OF the Territory.
Sec, 10. Every witness shah be en-
titled 10 receive from the claimant in
whose behalf he has been summoned, at
'he time of the service OF the subpoena
the sum OF one dollar and, II he does
not reside In the District or Honolulu
live cents per mile for travelling ex-
penses In going 10 and returning from
the office OF The Commission