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title: 'The Daily bulletin. (Honolulu [Hawaii]) 1882-1895, January 05, 1893, Image 2',
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Image provided by: University of Hawaii at Manoa; Honolulu, HI
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notify tho rond authorities having ehargo of tho improvomout
of Buoh olection. In cnso of failure on tho part of tho claim
ant to make such election within tho tiiuo aforesaid, tho Min
ister or road authorities may make such olection and procood
In caso any property shall he doomed by tho Commission
ers to bo so far destroyed or injured ly tho improvomout as
to practically destroy tho property for tho claimant, thoy may
also determine tho value of the whole promises of the claim
ant, and the claimant shall have tho option to surrordor the
whole premises to tho Government on payment of such valu
ation, and tho same shall thereupon ho Government property
absolutely and in fee simple. Such election shall be made in
writing, and tiled with the Minister within twenty days aftor
tho decision is rendered, otherwise the Minister may make
such election and proceed accordingly.
In considering and arriving at the amount of damago accru
ing to any claimant, the Commissioners shall tako into consid
eration the location and area of tho lot taken, and the por
tion remaining, and the cost and feasibility of removing any
buildings located upon the property taken to tho remainder
of the land of such claimant.
Section 19. The Commissioners shall first hear and decido
all awards for damages to claimants, and after such decision
is filed, as hereinafter directed, they shall proceed to hear
and decide upon the assessments of benefits or betterments,
as hereinafter provided. Their first decision as to damages
shall bo marked as decision A, and the second, as to benefits
or betterments, as decision 13.
Section 20. The dpcisiou "A" of the Commissioners shall
be in writing or printing, signed by the Commissioners, and
include all awards to claimants, with a concise location of the
premises and the names of the awardees. A majority of tho
Commissioners may sit and hold hearings, and may render
such decision, and it shall be sufficient.
The Commissioners shall keep minutes of their proceed
ings, and shall file tho same with the Minister, and shall also
serve a certified copy, signed by the Chairman, of their deci
sion "A" on tho Minister, and on each of the claimants.
TITLE VESTED IN GOVERNMENT UPON DELIVERY OF
DECISION AND TENDER OF AWARD.
Section 21. Upon delivery of the decision "A" to the
claimant, the title of the laud or property shall vest in the
Government, absolutely and in fee simple, without further
conveyance. Provided, however, that tho Minister or Gov
ernment shall not take possession of the same until payment
bo made or tendered to the claimant of the price determined
by tho Commissioners, or by agreement or compromise, un
less such claimant shall, in writing, consent thereto, or the
pi'ice determined be, in the case of disputed title, deposited
in the Supreme Court of the Kingdom.
And provided further, that in case any assessments for
benefits or betterments be made, as hereinafter provided, the
Minister may deduct the amount of the same from the total
amount of award of decision "A" to each individual, and a
tender of the balance shall be a good and sufficient tender.
Section 22. In case the titlo of any claimant bo in dispute,
the Minister may deposit the price determined or awarded in
the Supreme Court, to be paid out by such court to tho party
entitled thereto, as it shall determine.
The claimant, or part' claiming title may, by petition to
such court, claim such price deposited ; and the court shall
have jurisdiction to order such notices and process to be is
sued and given, proceedings had and acts done as equity and
justice may require, and to it seem meet. Such proceedings
shall be in the nature of proceedings in equity, and as simple
and concise as possible.
The deposit of such price in such court shall release the
Government and Minister from any responsibility to any
claimant or claims of any one lor the property taken, or price
MINISTER MAY COMPROMISE CLAIM.
Section 23. Tho Minister shall have the power to com
pound and compromise with any claimant, owner or party in
terested, either before of after any such decision of the Com
missioners in any way he may doom most advantageous to
tho Government, ami for that purpose maj substitute other
land in lieu of that taken. He shall also have tho power to
pay any awards or compromises out of any moneys appro
priated by the Legislature for such purposes.
TIME FOR REMOVAL OF PROPERTY.
Section 2d. The Commissioners shall grant reasonable
time for any person interested to remove timber, trees, build
ings, fences and other property (for which no payment for
damngos are awarded), and if tho same shall not bo removed
within that time (unless tho time be extended by tho Com
missioners or tho Minister), they shall rovort to tho benefit
of the Hawaiian Government, and tho owners shall be deem
ed to have relinquished and released all their rights and
claim thereto for tho benefit of tho Hawaiian Government.
BENEFITS AND RETTERMENTS.
Section 25. To real estate and rights and interests there
in, abutting on or near to either or both sides of tho lino or
route of tho proposed opening, closing, or improvement of
highway which may bo benefited by such oponing, closing or
improvement, shall bo assessed, boar and pay such relative
proportion of the estimated cost and expouse of tho same as
is dirocted by this Act to bo assessed to estates benefited as
to the Commissioners shall seem just.
Provided, however, that the Minister may waivo such
assossmont or any portion thereof by giving notice to tho
Commissioners that no benefits or botformonts are to bo
assessed in any particular proposod improvement.
AMOUNT TO HE ASSESHED-HOW ASCERTAIN' ED.
Section 2(5. Tho estimated coht and oxponso which shall
bo assessed under tho preceding Section 25 shall moan and
Tho total money awards of tho Commissioners for damages
and valuo of proporty taken and any valuo or awards for
removal of property whoro option is givon ; also tho amount
finally agreed upon, of any claims that may have boon com
promised by tho Minister ; also tho estimated cost of work,
labor and material to bo oxpondod by tho Government to por
fect such opening, closing or improvement.
All estimates shall bo signed by tho Minister or Chiof
Clerk of tho Department of tho Interior. Provided, howovor,
that tho fniluro to include or tho omission of any item of cost
or oxponso shall not invalidate any ostimato or any assess
ment of benofits or bottorments.
Section 27. Upon filing their Decision A as to damages
tho Commissioners shall dotermino tho total estimate of cost
and oxponso, from thoir decision and from estimates and
claims compromised that maj' bo furnished thorn by tho
NOTICE TO BETTERMENT HEARING.
Section 28. Tho Commissioners shall givo notice of a
time and place at which parties in intorost, or whoso estates
may in their opinion, bo prima facie liable to assossmont for
benofits or betterments, may attend and bo heard.
Such notice if served by tho Commissioners or any one by
thoir direction, in tho samq manner as service is provided in.
Section 12 of this Act to be inado by tho Koad Authorities,
shall be deemed good and sufficient service.
Section 29. After hearing all parties that may appear,
the Commissioners shall determine and apportion one-half of
tho estimated cost and expense of tho proposod improvement
nmong the estates, and respective interests in estates benefit
ed or bettered as hereinbefore sot forth, in such proportion
as in their judgment such estates ought to bo assessed and
ought to bear tho same.
Sechon 30. The Commissioners shall render and file with
the Minister a decision of their award of assessment of bene
fits or betterments to be marked as Decision B, which decis
ion shall sot forth all bonefits assessed with
1. Location of estate.
2. Name of owner or party interested.
3. Amount assessed as benefit or betterment to estates or
4. Total amount of cost or expense to be borne by estates
Tho Commissioners shall also file with tho Minister all
documents and papers and records.
Tho Commissioners shall also serve a certified copy of
thoir Decision B, as to benefits and betterments on the owner
of or party interested in each estate assessed, and also on
BETTERMENT DECISION RAISES A LIEN.
Section 31. The Minister shall cause to be recorded in
the Office of tho Eegistrar of Conveyances, in Honolulu, a
certified copy of decision B, within sixty days after tho same
shall have been filed by the Commissioners, and a lien shall
attach to each estate or interest therein, in favor of the
Government, for the amount of benefits or betterments asses
ed, which lien shall have precedence over all other lions what
soever, but no personal liability shall attach to the owners of
' the estate.
Such lion may be enforced by suit in equity, in the nature
of suits for foreclosure of mortgages, or in any manner that
may be provided by law.
Provided, however, that no such lion shall be enforced after
the expiratiou of five years after the same attaches.
UNPAID BETTERMENT ASSESSMENT TO BEAR INTEREST.
Section 32. All assessments remaining unpaid after sixty
days from the filing of decision B with the Minister, shall
boar and pay interest at the rate of nine per cent, per annum.
Section 33. Any person aggrieved by the decision of the
Commissioners, as to tho award of damages by decision A, or
the assessment of benefits or betterments by decision B, or
both, may appeal therefrom to the Circuit Court of tho Judi
cial Circuit in ". ach such action is located.
REQUISITES OF APPEAL.
Section 34. All appeals must be taken within twenty days
after tho service on appellant of a certified copy of the deci
sion of the Commissioners appealed from, by filing with the
Commissioners a notice in writing of such appeal, by paying
the sum of five dollars as costs of appeal, and filing a bond
in tho sum of fifty dollars, conditioned to secure payment of
future costs, to be made to the Clerk of the Court appealed
to. Provided, howovor, that cash may be deposited in lieu of
Upon receipt of any notice of appeal, costs aud bond, the
Chairman of the Commissioners (or, if he bo absent from the
District, one of the other Commissioners) shall make out,
sign and deliver to each appellant a certificate of appeal in
tho following form, to wit :
This is to certify that in tho matter of (state improvement)
an award, or assossmont for (damages or bene
fits, as tho caso may bo) was mado by tho Commissioners to
or against (name) on (date)
That ho (name) hath givon notice in
writing of appeal thorofrom to (Court) and
deposited costs S accrued, and (bond or cash, as
tho caso may bo) to secure further costs.
And shall also so ml a copy of such'cortificato to tho Min
Tho Chairman of Coniinissiouoi'H shall also forthwith for
waid copies of all corttficatos of appoal, togotlior with costs
and bonds deposited to tho Court appealed to.
It shall bo the duly of any appellant to sco that tho appoal
bo entorod in such Court, and that tho rocords of such Com
missioners bo producod boforo such court.
PRODUCTION OF RECORDS ON APPEAL.
Section 85. Upon notice by appellant, tho court may re
quest tho Ministor to produco and filo with its Clork tho rec
ords of tho Commissioners, or cortified copies thereof.
Upon such requost of tho Court, tho Ministor shall cuuso
to bo sont up and filed with the Clork of such Court all pa
pers, minutes, reports, decisions and rocords of tho Commis
sioners, or cortified copies thereof, for uso in any such ap
peals. Upon tho final decision or settlement of the appeals, tho
Court having jurisdiction of such records aud documonts shnll
immediately return tho same to tho Ministor, together with
any judicial alteration, amend ment or decision, and tho samo
shall become a record in his dopartment.
ASSESSMENT OF COSTS.
Section 3G. Tho Court of Appeal may dotormine and award
what costs, or proportion of costs shall bo paid by any ap
pollant. MINISTER MAY APPEAL.
Section 37. Tho Minister shall have tho samo right of ap
peal, and shall givo tho same notice and receive a certificate
of appeal. Provided, howovor, that ho shall not be required
to givo or deposit any costs or bond.
BETTERMENTS DEDUCTED FROM DAMAC5ES.
Section 38. Tho Minister may, in caso any damago be
awarded, and benefits assessed on tho same estate, deduct the
assessment from tho amount of damage.
CERTIFICATE OF SERVICE OF NOTICE..
Section 39. Any service of notice under the provisions of
this Act, duly certified by tho person making the samo, shall
be jmma facie evidence of such service.
DECISION OF COMMISSIONERS CONCLUSIVE.
Section 40. The decisions of tho Commissioners shall be
conclusive on all parties who have had notice served, as pro
vided herein, and on all who have become parties to tho pro
ceedings, subject to appeal.
DEATH OR DISABILITY SHALL NOT ABATE PROCEEDINGS.
Section 41. In any proceedings under this Act there shnll
bo no abatement by the death or disability of any person in
interest ; but the executor, administrator, heirs or devisee of
the deceased person, or the representative of the person un
der disability, may appear and prosecute in the samo manner
as the deceased person or persons under disability might
INFORMALITY NOT TO INVALIDATE PROCEEDINGS.
Section 42. No act or procedure herein shall bo illegal or
invalidate tho proceedings or decisions on account of mere in
formality, nor because tho same was not completed within the
time required by law (except time as to removal of property
by claimants), unless the private rights of persons interested
shall be injuriously affected thereby, and tho burden of proof
thereof shall be on tho party claimant, and any such illegality
shall be taken advantage of only by said person and shall
in no wise affect tho general proceedings.
TITLE AND DISPOSITION OF ROADS.
Section 43. All lands and real property taken for high
ways or improvements under this Act shall belong to the Ha
waiian Government absolutely and in fee simple, and in case
a highway or improvement shall at any time be vacated,
closed, abandoned or discontinued, the laud of such highway
or improvements shall be used for the purposes of the Gov
ernment ; provided that in caso tho samo shall be in any way
disposed of by the Government, it shall bo first offered to tho
abnttors in compromise, for a reasonable length of time and
at a reasonable price, and if thoy do not take tho same then
it may be sold at public auction.
IMPROVEMENT A CHARGE ON THE DISTRICT.
Section 44. Tho Minister may, except in cases otherwise
specially provided for by law, charge upon the road district
or district wherein the improvement lies, the cost and ex
pense, or a proportion thereof if the improvement lies in two
or more road districts, of the proposed improvement.
COMPENSATION OF COMMISSIONERS.
Section 45. Each Commissioner shall bo entitled to five
dollars for each day of active sorvico and such further com
pensation as the Minister may allow, and also such clerk hire,
stationery, etc., as may bo allowed by tho Minister.
DUTY OF MARSHAL AND SHERIFFS.
Section 46. It shall bo tho duty of tho Marshal or Sheriff
to do and perform any act or thing of him required by the
provisions of this Act, and tho deputy of tho Marshal or of
tho Sheriff is hereby authorized to perform such duty when
so dirocted by tho Marshol or Sheriff.
REPEAL OF EXISTING LAWS.
Section 47. Chaptor VIII. of tho Session Laws of 1870,
Chapter XXXII. of tho Session Laws of 1872, and all laws
and parts of laws so far as thoy aro inconsistent or in conflict
with tho provisions of this Act aro hereby repealed.
Section 48. Such ropeal shall not impair or affect any
act or thing done or any right accruing, accrued or acquired,
proceedings takon or appointments made prior to such repeal,
and all matters civil commenced or ponding by virtue of or
under tho laws so ropoalod, may bo prosocutod and dofondod
to final result in the samo manner as thoy might under tho
laws existing nt tho time immediately prior to such repeal.
Approved this 19th day of December, A. D. 1892.
By the Queen :
a, N. "Wilcox,
M inkier of the Interior,
Hawaiian narflware Co., L'fl
Saturday, Dec. 31, 1892.
The season of gaiety is
over, Christmas trees have
been relegated to the brush
heap and you begin to think
of the big washing that must
be done Monday. In every
family certain articles are
washed at home, some for
sanitary reasons and others
because you are in a hurry
for them. If your Japanese or
Portuguese wash lady happens
to "no feel pretty good" you
must wait until your hurry is
over; she will not rub the
pieces over the board any
faster than she pleases or as
rapidly as your needs require.
In the United States the
trouble is avoided in many
families by the use of a wash
ing machine and the demand
for them is growing daily.
Having been invented by a
man whose wife was a mem
ber of the Sorosis it is easily
understood why the contriv
ance is so simple and the
result so satisfactory. There
is absolutely no labor attached '
to it; you can sit down to
your, work, wash your clothes
with one hand and rock the
cradle with the other.
Speaking of cradles: the
washing machine is especially
adapted for families where
young children predominate.
The cost of the, machine is
about what you would pay for
a months washing; the satis
faction at having your-clothes
thoroughly and quickly washed
cannot be reckoned in dollars.
Having finished our remarks
on tne means oi securing
clean clothes let us dwell a
moment on the subject of
clean bodies and the method
of acquiring them. The drug
gists supply Pears soap and
we sell Colgate's. It is entirely
a matter of opinion as to the
superiority of either; ladies,
some of them, prefer Colgates
on account of thoj-elicious
perfumes and theStek of
alkalai used in the manufacture.
The city, sometimes, supplies
the Avater but who supplies the
best and handsomest con
tainers? The echo sends back
the same answer that it has to
the thousand queries of a
similar character as to where
good things may be procured
The Hawaiian Hardware Co.!
Among "modern improve
ments" the bath tub plays
just as important a part as
does the washing machine or
the mortgage. No dwelling
is considered complete with
out them. Notwithstanding
the depressed condition of
trade in the islands there has
been more or less boom
among the builders. ,,, But the
question which interests us
particularly is: Has due re
gard been paid to the charac
ter of the bath tubs and sinks?
If an ordinary zinc arrange
ment has been put in the loss
will be the owner's. If, on the
other hand, the builder has
his customers interest at
heart and put in a Porcelain
lined bath tub the loss is ours
because we did not have them
in stock. Today there's no
reason for loss to either of us.
The "W. H. Dimond" brought
us a supply and we have our
crockery eye on several pro
jected building operations
where these tubs, sinks and
wash stands will be placed
because the persons who will
live in the houses, the owners,
are tired of rusty bath tubs.
We can also show you for
use at home the largest
assortment of moderate priced
glass ware that has ever been
displayed in the Kingdom.
Cheap tumblers, Sauce dishes,
Oil and Vinegar bottles with
cut glass stoppers, direct
imitation of genuine cut glass,
Claret pitchers, water pitchers,
Cream jugs etc. They are
all new in design and better
than we have ever shown
It would take page of this
paper to tell of half the goods
that came on the Australia
and Dimond Come and see
Hawaiian Hardware Co., L'rt
Ojijio, BiiruuLi-U1 Mock,