Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-04-15
ACT So.
AN ACT


RELATING TO PRIVATE WAYS AND WATER RIcnrs, AMENDING
SECTIONS 2190 22O5, BOTH INCLUSIVE THE RE-.
LAWS.
Be Enacted By The Legislature Il he TERRITORY of Hauaii:
SECTION Section 2l99 of the Revised Laws is hereby
amended to read MS follows:
Section 2190 Definitions The word commissioner wler
used in this chapter shall refer the judge of the circuit
within which the property affected situated The word
court shall refer and the supreme court The word
party parties shall refer to and mean the respective parties
the controversy before the judge court The word CON
shall refer and the matter question at issue
before the Judge The words private individuals or
persons shall relate and either individuals companies
corporations, any Others except the Territory"
SECTION Section 22OO of the Revised Laws is hereby
amended to read folows
section 1900. Jurisdiction The circuit Judges shall have
jurisdiction hear and determine all controversies respecting
rights of private and water rights in this chapter pro
SECTION g. Section 22O1 of the Revised Laws is hereby
amended to read follows:
Section 22O1 Procedure. 1t shall be the duty of said
judges within their respective circuits to hear and determine all
controversies respecting rights of private and water rights
between private individuals between private individuals and
the Territory Any person persons interested, the Terri
tory apply the settlement rights involved here
under whccupon the Judge shall issue written printed sum
like form that used before circuit Judge at chambers
to the party or parties defendant 1t shall be personally served
upon each land occupant having interest in the
controversy whenever such occupant be found It,
however, such occupant be found for such
vice. the Judge shall notice notices in the English
Hawaiian language he shall deem most efficient to be given
either by posting upon the premises the occupants
whereof cannot be found by insertion in news
papers, which publication shall continue for at least two full
weeks prior the date for hearing Such notice shall deg
the and of hearing shall indicate the nature OF
the application made and shall notify all parties interested to
attend and prove their rights they will be aduicaed without
such attendance besides other matter deemed important by
the Judge Such notice may be published in in the dis
erection of the Judge No shall be set aside or dismissed
because of technical infoy provided it shall set forth
the time and place of hearing and the nature of the right
claimed in sufficiently clear for the apprisa of all parties
interested Parties appear personally or by properly author
lied Attorney
SECTION A. Section 22O2 of the Revised Laws is hereby
amended to read follows
Section 22O2 Same; Hearing, Decision, Record At the
time for hearing service of summons publication of notice
having been proved the Judge shall hear the evidence offered
relative right in controversy and SHALL far possible
the rights of absent parties served where notice
herein provided shall been published He may, if deemed
desirable conclusive the rendering of correct decfsion
visit the locality where the controversy He shall give such
decision each particular appear to be in conformity
with vested rights and shall be just and equitable between the
parties The decision shall state expressly the findings OF fact on
the evidence and shall in of right of clearly indicate
the location f pOssbc and nature of the way if or water
right shall state the proportion of time for and other
things necessary to the right 1t also regulate the methods
by which be obtained and by which its supply can
be controlled All of the testimony and the decision shall be
recorded books of record to be kept and preserved by tho
Judge The said books, when filed shall be deposited with the
clerks of the respective courts The decisions of the several
judges shall be final and binding upon all parties except those
who may be absent from the Territory without legal represen
tavc Territory during the whole time of the tendency of
such controversy, subject to the right of appeal
SECTION Section 2203 of the Revised Laws hereby
amended to read as follows
section 220 Costs There be taxed costs
arising hereunder besides the usual statutory costs allowed by
district for service summons oahs and otherwise not
twenty folio for copies of the evidence and decision