sions of this chapter, may appeal therefrom to the circuit court of the island, which court shall hear and determine the case; provided, however, that any parties desirous of so appealing shall give notice of the same to the commissioners or to the district magistrate, respectively, within five days after the rendition of their decision.

$278. The fence commissioners shall be entitled to demand and receive for their services two dollars each for every case acted upon by them, and five cents per mile for all necessary travel in the performance of their duty, to be paid by the party applying for their intervention.

§ 279. This law shall not be so construed as to allow any person owning lands adjoining Government lands to compel the Government to join in the cost of erecting a fence on the boundary line between such lands. But the Government or any lessee of Government lands, with the consent of the governor, shall have the same right herein accorded to other landowner to compel action according to the terms of this chapter, by any person owning land adjoining such Government land, or by any lessee of adjoining Government lands.

NOTE TO CHAPTER 18.

273-278 are act Feb. 14, 1859, C, L., p. 496. § 279 is S. L., 1896, act 42. Cases in Hawaiian Reports: Mendonca v. Haupu, 4 Haw., 255; Gonveia v. Loka, 5 Haw., 286; Lishman v. Perry, 7 Haw., 266.

CHAPTER 19.

SETTLEMENT OF BOUNDARIES.

§ 280. It shall be the duty of the governor of the Territory to appoint one or more commissioners of boundaries to hold office during his pleasure; and he shall have power, with such approval, to fill vacancies caused by death, removal, or other cause. There shall not be more than one commissioner for each judicial circuit, and the same person may be appointed for one or more circuits.

§ 281. All owners of Ahupuaas and portions of Ahupuaas, Ilis and portions of Ilis, and other denominations of lands within the Hawaiian Islands, whose lands have not been awarded by the land commissioners, patented or conveyed by deed from the King or Government, by boundaries decided in such award, patent, or deed, may file with the commissioner of boundaries for the circuit in which the land is situated an application to have the boundaries of said land decided and certified to by said commissioner or his successor in office. The application shall state the name of the land, the names of the adjoining land or lands, and the name of the owners of the same where known, and it shall also contain a general description, by survey or otherwise, of the boundaries as claimed.

§ 282. It shall be the duty of the commissioner, on receipt of such application as above provided, to notify the owner or owners of the land, and also those of the land adjoining, of the time when he will be prepared to hear their case. Further, it shall be the duty of the commissioner to advertise for not less than three weeks in at least one English and one Hawaiian newspaper a notice of the locality to be adjudicated on and the date and place of hearing. The commissioner shall receive at such hearing all the testimony offered; shall go on the ground when requested by either party, and shall endeavor otherwise to obtain all information possible to enable him to arrive at a just

decision as to the boundaries of said lands. Upon giving a decision, the commissioner shall therein describe the boundaries decided on by survey, by natural topographical features, or by permanent boundary marks, or partly by each; and he shall have the power to order such surveys and marks to be made or erected as he may consider necessary, at the expense of the parties in interest, but he shall in no case alter any boundary described by survey in any patent or deed from the King or Government, or in any land commission award.

§ 283. Any party deeming himself aggrieved by the decision of the commissioner may appeal therefrom to the supreme court within thirty days from the rendition of the decision and within said period shall pay all costs accrued and shall deposit with the commissioner a good and sufficient bond to the clerk of the supreme court, in the sum of one hundred dollars, conditioned for the payment of costs further to accrue in case of defeat: Provided, however, That any land owner absent from the Territory and not represented by an authorized agent within the Territory shall have the right of appeal for one year from the rendition of said decision.

§ 284. Whenever any person shall appeal, as provided in the last preceding section, it shall be the duty of the cominissioner to transmit to the clerk of the supreme court a copy of the record and of his decision, together with any exhibits filed and the bond for costs to accrue. The supreme court may permit the introduction of new evidence which could not with due diligence have been obtained before, and its decision shall be final and binding.

§ 285. Each commissioner shall have power to administer oaths, to punish contempts, to grant adjournments, to subpoena and compel the attendance of witnesses, and the production of books and papers, to issue execution for costs and generally to exercise the same authority in regard to his special jurisdiction as is by law conferred upon district magistrates.

§ 286. The commissioner of public lands is hereby forbidden to issue any patent from and after the passage of this act, in confirmation of an award by name, made by the commissioners to quiet land titles, without the boundaries being defined in such patent, according to the decision of a commissioner of boundaries, or the supreme court, on appeal.

$287. Each commissioner of boundaries shall keep a record of his proceedings in books, to be furnished him by the commissioner of public lands, which books, when filled, shall be returned to the commissioner of public lands.

§ 288. The certificates of each commissioner shall be made on stamped paper, furnished by the commissioner of public lands, and each commissioner of boundaries shall collect and account to the commissioner of public lands, for the benefit of the public treasury, one dollar for each stamped certificate issued by him.

§ 289. Each commissioner of boundaries shall, within thirty days after issuing a certificate of boundaries, deposit a certified copy thereof in the office of the commissioner of public lands.

§ 290. All applications on file with any commissioner appointed under the act to facilitate the settlement of boundaries, approved on the 22d day of June, 1868, and all records in the possession of any said commissioner, shall be immediately transferred to the commissioner having jurisdiction under this act.

$291. Each commissioner shall receive the sum of ten dollars for each and every day he shall be employed in settling boundaries and

his traveling expenses in viewing the locus in quo; and in all cases. he shall receive two dollars for each certificate granted, fifty cents for every hundred words contained in the description in such certificate, and twenty-five cents for every hundred words contained in the record of the testimony in the case.

§ 292. The costs in each case shall be borne by the petitioner or respondent, or shall be apportioned between them, as equity and justice may require, in the judgment of the commissioner, subject to appeal as herein provided.

NOTE TO CHAPTER 19.

§§ 280-292 are L. R., act 14.

CHAPTER 20.

ROYAL PATENTS ON LAND COMMISSION AWARDS.

WHEREAS large numbers of ahupuaas and ilis of land in this Territory were awarded by the commissioners to quiet land titles, by name only, and not by survey or defined boundaries; and whereas the Government commutation in many instances is not paid nor the boundaries of such lands certified to; and whereas in many cases the original holders of such awards have deceased, or the title to the said lands, or to portions of said lands, has passed into other hands: Therefore,

Be it enacted, etc.:

§ 293. Every land patent hereafter issued upon an award of the board of commissioners to quiet land titles shall be in the name of the person to whom the original award was made, even though such person be deceased or the title to the real estate thereby granted have been alienated; and all land patents so issued shall inure to the benefit of the heirs and assigns of the holder of such original award. § 294. The commissioners of boundaries provided for by chapter 19 shall receive and hear any and all applications for settlement of boundaries of portions of ahupuaas, ilis, or other denominations of lands situated within the jurisdiction of such commissioners, and shall determine upon the same agreeably with the provisions of the said chapter.

§ 295. Upon presentation to the commissioner of public lands of a certificate of a commissioner of boundaries defining the boundaries of a portion of an ahupuaa, ili, or other denomination of land, as by section 294 provided, the said commissioner shall cause an appraisement to be made of the unimproved value of the said portion of land; and upon payment to the commissioner of public lands of the Government commutation in the said portion of land, upon the appraisement as above provided, the said commissioner shall cause to be issued a land patent for the said portion of land, which said land patent shall define the boundaries of said portion of land.

NOTE TO CHAPTER 20.

$293-295 are S. L. 1872, Ch. 21. C. L. p. 532.

Cases in Hawaiian Reports: Brunz v. Minister, 3 Haw., 787.

CHAPTER 21.

HIGHWAYS AND BRIDGES.

§ 296. The superintendent of public works shall be, and is hereby, charged with the superintendence and management of the internal improvements of the Territory.

$297. The members of the road boards of the several districts of the Hawaiian Islands as at present constituted shall, until otherwise provided by law, remain in office and continue to perform the duties prescribed by law, subject to provisions hereinafter contained. Provided, however, that the provisions of sections 293-309 shall not apply to the district of Kona, island of Oahu, the road board for said district of Kona being hereby abolished.

$298. The superintendent of public works may at any time, in his discretion, remove from office any member or members of such road boards, and shall have power to fill any vacancies caused by death, resignation, or removal.

$299. The superintendent of public works shall appoint a road supervisor for the district of Kona, island of Oahu, who shall be under the supervision and control of the superintendent of public works, and shall receive such compensation for his services as shall from time to time be appropriated by law for said district of Kona. said superintendent shall have the power, in his discretion, to remove the road supervisor thus appointed and fill the vacancy by new appointment.

The

Such road supervisor shall have the authority, subject to the approval of the superintendent of public works, to expend the road taxes and moneys appropriated by the legislature for said district of Kona.

§ 300. The road boards shall have the entire charge and control of the public labor on all roads, bridges, and public highways within their respective districts, and shall expend the road taxes and moneys appropriated by the legislature in making and repairing such roads and bridges, at such times and in such amounts as the respective boards, or a majority of the members thereof, may decide. The respective road boards shall be, and hereby are, authorized to employ such overseers and clerical and other assistance as may be necessary. § 301. The chairman of each of said road boards shall, before entering upon the duties of his office, file in the office of the superintendent of public works a bond, with sufficient sureties, to the superintendent of public works in a penal sum, to be fixed by the superintendent of public works, conditioned for a faithful disposition of and accounting for the road moneys which may be paid to him or his order.

§302. A full record shall be kept by the respective road boards of all business transacted at any meeting and of the work done in the district.

Full accounts shall also be kept of all moneys received, showing the source from whence derived, and of all moneys paid out, showing the locality for which expended, whether for labor or material, and the persons to whom paid. Such records and accounts shall be opened to the inspection of any taxpayer, resident in the district, at the quarterly or other meetings of the board.

§ 303. All road taxes shall be paid into the public treasury, and the amount so paid in from each district shall be a special deposit in the treasury to the credit of such district, to be paid out only by draft

through the office of the superintendent of public works, upon the order of the chairman of the road board, which order shall also be countersigned by one of the other members of said road board. The treasurer shall, under no circumstances, allow such special deposit, or any part thereof, to be used for any other purpose than to pay the drafts which may be drawn by the superintendent of public works upon the order as hereinbefore provided.

$304. The chairman of each road board shall at the end of each quarter send to the superintendent of public works a detailed statement of the work done in his district during the quarter, and also a detailed financial statement, setting forth all receipts and expenditures, accompanied by vouchers for all expenditures.

§ 305. The superintendent of public works may at any time remove any member of such road boards for failure or neglect to properly perform the duties of his office, publishing the reasons for such removal, if requested to do so by the person so removed. Upon the petition of twenty-five or more taxpayers of any district making charges against any member of any road board and asking for his removal, the said superintendent shall cause said charges to be investigated; and if, upon investigation, it shall appear that such member of such road board shall have failed or neglected to properly perform the duties of a member of the road board, the superintendent of public works shall remove him. All vacancies shall be filled by appointments of the superintendent of public works.

§ 306. All road taxes shall be paid into the public treasury, and the amount so paid in from each district shall be a special deposit in the treasury to the credit of such district, to be paid out only by drafts through the office of the superintendent of public works upon the order of the road supervisors, which order shall also be countersigned by the chairmen of the road boards. The treasurer shall under no circumstances allow such special deposits, or any part thereof, to be used for any other purpose than to pay the drafts which may be drawn by the superintendent of public works upon the orders as herein before provided.

§307. The road supervisor shall at the end of each quarter send to the superintendent of public works a detailed statement of the work done in his district during the quarter, and also a detailed financial statement, setting forth all receipts and expenditures, accompanied by vouchers for all expenditures.

§ 308. The superintendent of public works shall render such assistance as may be required by the respective road boards in designing and making specifications for bridges or the execution of any engineering work.

§ 309. In case the road-tax money for any district shall be insufficient to keep the roads of such district in proper repair, the chairman of the road board for such district shall report such fact to the superintendent of public works and make a statement of estimated requirements; and the superintendent of public works shall from time to time authorize such chairman to draw upon the office of the superintendent of public works for such sums as the condition of the treasury will warrant, charging the same to such appropriations as may be available for such purpose.

$310. Any new roads or bridges, the construction of which shall have been provided for by appropriations outside of the road taxes, may be constructed by the superintendent of public works without reference to the district road boards.