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THE DAILY BULLETIN
MINTED AND PUBLISHED
EVERY AFTERNOON
KXOFl'T SUNDAY IIV T1IK
Dally Bulletin Publishing Co., L'd.,
AT TI1K OFHCK,
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a-HK WEEKLY BULLETIN 28 COI,.
. unins of Interesting Heading Matter.
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AN ACT
Defining Hiohways, and Defining and Establishing ceutain
Rights and Duties in connection tiieuewith.
Be it Enacted by the Queen and the Letialatitrc nf the Hawaiian
Kingdom :
THE HIGHWAYS ACT, 1892.
Section 1. This Act may bo cited iii nil public proceed
ings as "Tho Highways Act, 1892."
DEFINITION OF PUBLIC HIGHWAY.
Section 2. All roads, alleys, streots, ways, lanes, courts,
places, trails and bridges iu tho Hawaiian Islands, whether
now or hereafter opened, laid out or built by tho Govern
ment, or by private parties, and dedicated or abandoned to
tho public as a highway, are hereby declared to be public
highways.
All public highways once established shall continue until
abandoned by due process of law.
DEDICATION OF HIGHWAYS BY PRIVATE PERSONS.
Section 3. Any road, alley, street, way, lane, court, place,
trail or bridge laid out, constructed, opened or maintained by
individuals or corporations as a highway, may become a pub
lic highway by dedication or abandonment, or surrender
thereof to general use by such individual or corporation;
provided that the samo shall be accepted or adopted by tho
Minister of Interior.
DEDICATION OR ABANDONMENT.
Section 4. Dedication or abandonment of airy highway,
mentioned in Section 2 of this Act, may bo by deed or by a
surrender or abandonment ; such surrender or abandonment
shall be taken to be when no act of ownership by tho ownor
thereof has been exorcised within fivo years.
OWNERSHIP OF PUBLIC HIGHWAYS IN THE GOVERNMENT.
Section 5. Tho ownership of all public highways and tho
land, real estate and property-of tho same shall bo in tho
Hawaiian -Government in fee simple.
SUPERVISION 'OF 1 HIGHWAY'S IN MINISTER OF INTERIOR.
Section G. All public highways are under tho general su
pervision, charge 'and control of tho Minister of Interior, aud,
except as otherwise provided by law, he is charged with tho
execution of all duties' relative thereto, whether prescribed by
this Aot or otherwise.
IRRIGATION AND DRAINAGE DITCHES CROSSING HIGH
WAYS TO BE BRIDGED BY OWNER.
Section 7. AH persons or corporations excavating or mak
ing or maintaining irrigation or drainage ditches, or ways
across publio highways, "are required to bridge such ditches
at such orossing,i and maintain the same in good repair ; and
iu case of neglect, after notice so to do, the road authorities
may coiiBtruct'the same, or repair tho same, and recover the
whole costs and expense of tho same, of such person or cor
poration, in an action at law. Such action may bo brought
in the name of the Minister of Interior, on behalf of tho Ha
waiian Government, and tho respective road authorities, ns
the case may bo, are authorized to institute such action.
i
RAILROADS, CANALS AND DITCHES CROSSING HIGHWAYS'
TO BE KEPT IN ORDER BY THE GOVERNMENT.
Section 8. "Whenever highways uio laid out to cross rail
roads, cauals or ditches tho road authorities must, at public
expense and without delay, so pieparo and guard such road,
canal or ditch that tho public may cross tho samo without
danger.
GATES IN PUBLIC HIGHWAYS.
Section 9. The Minister of Interior, in his discretion,
may permit tho establishment of gates on tho public high
ways iu cortain cases to avoid tho necessity of building road
fences and prescribe rules and regulations for closing tho
same, provided that tho exponso for tho erection and main
tenance of such gates shall, in all cases, bo borne by tho
party or parties for whoso immediate benefit tho samo shall
bo ordered.
SIDEWALKS.
Section 10. Upon highways of twonty-fivo foot in width
or over, adjoining owners may construct a sidewalk; such
sidewalk "shall not exceed si foot in width on highways Iobs
than forty feet wide. Thoy must not exceed ton foot in
width on all other highways, in all cases tho construction
and maiutonauco of sidewalks shall bo subject to such regu
lations regarding grades, width, height, material and method
of construction, as may bo from timo to time promulgated
by tho Minister of Interior, and tho Minister of Interior may
permit, iu his discretion, tho construction of a sidewalk on
highways of twenty-five foot or less in width.
OWNER OR ABUTTOR TO CONSTRUCT AT HIS EXPENSE.
Section 11. All sidewalks shall bo constructed aud main
tained at tho oxponso of tho adjoining ownor or abuttor sub
ject to tho provisions of Section 12 of this Act.
SIDEWALK CONSTRUCTION.
Section 12. After tho establishment of tho grades of
streots in Honolulu, as by law prescribed, tho said Minister
may require tho owners of tho land adjoining any street, tho
grade of which has boon established, to construct sidewalks
in accordance with tho grado of tho street and to comply
with tho regulations regarding tho material aud construction
of such sidewalks.
CONSTRUCTION BY OWNER.
Section 18. If any such owner, after receiviug notice to
construct a sidewalk, as provided in Section 12 hereof, shall
neglect or refuso to comply with such direction for sixty days
after notice, tho Minister may proceed to construct such side
walk at tho expense of such owner, such expense shall bo a
lien" on tho property in front of which such sidewalk is con
structed, and tho Minister may rocoerhOi amount of such
lien, and the expense and costs of the same, by action at law
in assumpsit, or by any action allowed by law and equity, or
that may bo prescribed by statute.
TRESPASS OF SIKLWALKS.
Section 14. Any persons using a sidewalk constructed ac
cording to tho provisions of this Act with mule, horse or
team, or who shall drive a wagon, bicycle or other wheeled
vehicle on such sidewalk without permission of tho ownor,
shall be liable to the owner or occupant in tho sum of fivo
dollars for each trespass, and for all damages sulVoied there
by, to bo recovered by such owner or occupant in an action
of trespass.
TREE PLANTING.
Section 15. Any ownor or occupant of land adjoining a
public highway may plant trees in and along the said high
way on the sido contiguous to his land ; they shall be set in
regular rows, at a distance of at least twenty feet from each
other, and so that thoy shall not interfere with the free pas
sage of water in tho gutters, and shall be subject to such reg
ulations as may bo, from time to time, made by tho Minister
of Interior.
TRESPASS TO TREES.
Section 10. Any person injuring the trees in front of tho
premises of any ownor or occupant without permission of the
owner or occupant shall be liable to the owner or occupant
in tho sum of fivo dollars for each tree so injured, to bo
recovered in an action of trespass ; provided, that this shall
not apply to the trimming and removal of trees by authority
of proper officers of tho Government for public purposes and
uses.
MALICIOUS INJURY TO TREKS A MISDEMEANOR.
Section 17. Whoever digs up, cuts down, or otherwise
maliciously injures or destroys any shade or ornamental trees
on any public highway, unless tho samo is doomed an ob
struction by the Minister of Intoiior, or thoso acting under
his" authority, or by other persons by law duly authorized,
shall bo deoinod guilty of a misdemeanor.
MAPS AND RECORDS OF HIGHWAYS.
Section 18. Tho Minister of Interior is authorized and
directed to prepare maps and diagrams of all publio highways
of tho Kingdom, and ceitify to them, and copios of thorn, and
to furnish to tho rospoctivo road authorities certified copios
of tho samo relating to thoso portions of tho country con
trolled by tho respective road authorities of tho Kingdom ;
and all such maps and cortified copios, and all locords of tho
road authorities shall constitute and bo tho publio records of
public highways.
Tho Chief Clerk of tho Department of Interior is author
ized to sign such certificates.
MEASURING DISTANCES-MILE STOKES.
Section 19. Tho Minister of Interior is horoby directed to
ascertain and define mileage distances upon tho main Govern
ment roads. A suitable mark shall be placed at each mile
indicating clearly tho distance from tlip point of doparture.
If auy of tho road authorities doom it necessary or useful,
thoy may also ascertain and maintain local mile marks ; but
in such cases tho mark shall definitely nanio tho local point
of departure.
POINT OF DEPARTURK FOR MILEAGE.
Suction 20. On the Island of Hawaii, tho general point of
departure for mileage shall bo tho Post Offico in Hilo, and
tho Court House at Waimea. On Maui it shall bo tho Court
House in Wailuku. On Molokai it shall bo tho Court Houso
at Pnkoo. On Oahu it shall bo Aliiolaui Halo. On Kauai it
shall bo tho Couit Houso at Nawiliwili.
Section 21. In addition to the distance measurements, to
bo ascertained and maintained ns by this Act provided, tho
Minister of Interior, or respective road authorities, under
direction of Baid Minister, are likewise charged with the duty
of erecting and maintaining, at all impoitant cross or branch
roads on public highways, guide posts, direction boards, or
signs with suitable inscriptions indicating tho direction of
tho nearest important points or places to which said cross or
branch roads or public highways respectively lead.
STREET NAMES.
Section 22. Upon tho corners of all streets in Honolulu,
Hilo, Wailuku and Lahaina, the street names shall bo placed
in conspicuous positions, at least 3A foot above tho street
grade.
Section 23. Whoever maliciously removes or injures any
mile board or milo stone, or guide board or guido posts, or
any inscription on such, orocted on any public highway, shall
bo deemed guilty of a misdemeanor. - .
EXPENSES.
Section 2-1. All expenses incurred under or in conse
quence of the provisions of this Act, not otherwise heroin
provided for, shall be paid out of the road moneys of the re
spective districts.
VIOLATION OF REGULATIONS A MISDEMEANOR.
Section 25. Any person who shall violate any of tho reg
ilations or rules that may be promulgated by tho Minister of
Interior, under tho provisions of this Act, shall be deemed
guilty of a misdemeanor.
PENALTY FOR MISDEMEANOR.
Section 20. Any person convicted of a misdemeanor under
tho provisions of this Act shall bo punished by a fine not ex
ceeding one hundred dollars.
DISTRICT COURT JURISDICTION.
Section 27. The several District Justices of the Kingdom
shall have jurisdiction to try and detormine all misdemeanors
arising under this Act, and all complaints for violation of any
of the provisions of this Act, aud to impose any of tho penal
ties heroin proscribed.
Section 28. This Act shall take ett'eet from and after tho
date of its approval.
Approved this 15th day of October, A. D. 1892.
LILIUOKALANI R.
By the Queen :
Chas. T. Gulick,
Minister of the Interior.
Postal Savings Bank Notico.
Ily authority of Section 11 of "An Ait
to Amend and Consolidate tho Laws relat
ing to the Hawaiian Postal Savings Hank,"
approved on the 7th day of Septuinbur,
18')2, and on that day taking olluct; notico
Is hereby given that the rate of interest on
Savings Hank deposits is tled as follows:
On amounts under and up to Fivo Hun
dred Dollars (ifVK)), In Gold Coin of the
United States of America, in any ono ac-j
count, already on deposit in thu Hawaiian
Postal Savings Hank on September u0, Ib'U, i
interest will bo pnj.iblo from October 1,
18')J, forward until further notice, at thu I
ratu of (! per cent, per annum, in Gold Coin ,
of the United States of Amuriia.
On amounts over Five Hundred Dollars i
(fJOO) and not uxiceding Two Thousand
Vivo Hundred Dollars ($2,500) In Gold Coin
of the United States of America, iu any one
account, on deposit iu thu Hawaiian Postal
Savings Dank on Septumbor 30, Mtl, inter
est will be pa)ablu from October 1, 18').!,
forward until further notiio, at tho r.ito of
.') pur Lent. er annum, iu Gold Coin of the
United States of America.
On deposits placed iu tliu HaIngs Hank
after September .'SO, Ih'W, interest will bu
paid until further notlie, at tliu ratu of tl
per cent, pur annum on accounts not ex
ceeding Five Hundred Dollars (fiUD). No
interest will be paid on accounts exceeding
Five Hundred Dollars (f-OO), iu single ac
counts, depoilted after September ltd, Ib!C-'.
I!. 0. MACFAULANE,
J1 tf-Il '-'t Minister of Finance.
IRRIGATION NOTICE.
Holders of Water Privileges, or those
paying Water Itates, are hen by untitled
that, owing to thu drouth and thu search)
of water Iu thu Government Ilesorvolrs,
the Hours for using water for Irriga
tion purposes u ro from 7 to H o'clock a. m.,
aud ft to li o'clock r. M., until further notice.
JOHN I). WHITE,
Supt, Honolulu Water Works.
Approved:
(bus, T. Gi'lii h,
Minister of the Interior,
Honolulu, II. 1 Oct. 1.'), lb')-'.
5l!Mf
PROOLiVMATlON.
II) virtue of authority given by an Act
of thu Legislative Assembly entitled, An
Act to Prevent tliu Infection of Cbolitra In
tho Hawaiian Islands, approved outhu'.rrth'i
any of September, 1M, and upon tho re
commendation of thu Hoard of Health, 1
do hereby del lure all Ports of l'.ntrv In this
Kingdom, excepting Honolulu, closed to
shipping other than roasting until further
notlie. E. (3, MACFAIIEANK,
Minister of Finance.
Honolulu, Oct. 1, IW.n WH-tf
Postal Savings Bank Notico.
H) Section 17 of "An Act to Amend and
Consolidate tliu Ijius relating to tho Ha
waiian Postal Savings Hank," approved on
thu 7th day of September, lNfJ, and on mat
da) .taking ollect, the Minister of Fiuumu
is authorized to issuu Coupon Houds of tho
Hawaiian Government, to bu st)Icd the
"Postal Savings Hank I.o.m," to be issued
only to depositors In the Hawaiian Postal
Savings Hank who may apply for the same.
The "Postal Savings Hank l,oan" bonds
are redeemable iu not less than (lye nor
nioietliaii twenty )ears, at the option of
the Minlstur of Finance, and bear interest
at the uitu of 0 pur cent, pur annum, to Ih
paid suiiii-anuuttlly, Interest and principal
pa) able iu Gold Coin of thu United States
of America or its equivalent.
Any depositor with an aggregatu amount
to his credit iu thu Savings Bank, of not
(lussthanTwo Hundred Dollars (lofi) in
Gold Coin of thu United States of America,
i which shall have been on deposit at least
thrcu mouths, is untitled, on application, to
mi issue of "Postal Savings Hank Loan"
bonds In uchiiuge tbeiefor, iu minis of
Ono Hundred Dollars (?!()) or multiples
thereof.
Applications will be received at thu Pos
tal Savings Hank for "Postal Savings Hank
Uinn" bonds from date until OcIoIkt
HI, lb!.', lncliisho.
K. 0. .MAOFAUI.ANE,
6.11 tf-11 :!t Minister of nuance.
NOTICE.
Owing to the drought and hcarulty of
water, thu residents imiuka of Judd street
are requested to collect what water they
may require for hom-uhoM purines before
8 o'clock A. M.
JOHN C. WHITE,
Supt. Honolulu iVater Works.
Honolulu, Sept. tl, lb!i. Sl.Vtf
Honolulu Cycling,.
Armory Building, - Berelania St.
Bicycle Riding School.
1N8TKUCT10NS GIVEN
Day & Evening.
Ladies' & Gents' Bicycles For Hire
HY THE DAY Oil HOUlt.
Puhllu Skating: Monday and Haturdav
evenings, from 7:l to 10. Friday evening
for Uidies and their Escort only. Bloelo
U'ssons ; Tiiesilii) , WeilnuMlay and Thurs
day. Bioyole Repairing Solioited.
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