tenant of the several premises sought to be condemned. If any such owner or tenant shall be nonresident or absent, service may be made by leaving such notice at the last known place of residence or upon any known agent of such nonresident or absent owner or tenant, and in any other manner prescribed by the said judge. Proof of service may be made by admission in writing, by the oath of any responsible person making the same, or by a constable in usual form.

SECTION 23. The matter shall be in order for hearing five days after service of such notice upon the various parties interested, provided that in case of nonresidents or others absent or on whom service could not be made personally the hearing may proceed to final determination, but such persons, if not represented, shall not be bound finally as to the amount of compensation determined, but may at any time within one year after judgment, for good cause shown to the satisfaction of said judge, on notice of said association and others, ask that said compensation be increased or decreased, as the case may be.

SECTION 24. At the hearing, after proof of service, evidence shall be taken upon all matters involved, and all persons interested shall be heard upon the issues. The judge shall have jurisdiction to award damages as below set forth, and judgment shall be rendered upon all matters at issue.

SECTION 25. The judge may refer the hearing of the whole or any matters at issue to any disinterested competent person, who shall, after due notice of the hearing to all parties interested, take evidence and report his findings thereon within ten days after hearing, provided that for reasonable cause the time may be extended. The report may be confirmed, set aside, or sent back for further evidence, as the judge shall deem proper.

SECTION 26. All of the costs in the first instance shall be paid by said association and others, and, if an appeal is not taken by either party, the premises condemned may be taken possession of immediately after the amount assessed as damages shall have been paid to the clerk of the court or a receipt therefor shall be obtained from the owner or some one in his behalf. A certified copy of the judgment may be recorded in the office of the registrar of conveyances, and shall have the full force, effect, and operation of a deed of the premises.

APPEALS.

SECTION 27. If any person is aggrieved by the decision as to his rights an appeal may be taken as now provided by law to the supreme court; but such appeal when duly perfected shall only operate to suspend the judgment as to the interest of the particular defendant appealing, and no others.

DAMAGES.

SECTION 28. In fixing the compensation or damages to be paid for the condemnation of the rights of way through the places or property specifically named in this act the value of the property sought to be condemned and all improvements thereon shall be separately assessed. If the part taken shall be only a portion of the tract valued as a unit, then the damages shall be a proportionate part of such whole, subject to special damages for loss of any particular easements or appurte

nances, or if the part taken shall destroy the value of the tract as a unit.

RESERVED RIGHTS AND AUTHORITY AT LAW.

SECTION 29. 1st. Except as by this act otherwise so provided, the rights and privileges named in section 2 hereof are granted to the said association and others upon such terms, conditions, and restrictions as now are or may hereafter be imposed by the laws of the Territory of Hawaii in relation to the matter of constructing and maintaining street railways in the district of Honolulu, island of Oahu, and a strict compliance with such laws is hereby required of the said association and others.

2nd. The right to grade, sewer, pave, macadamize, or otherwise improve, alter, or repair any or all of the streets, roads, or highways above mentioned and of all other places in said Territory is reserved to the government, and may not be alienated or impaired, but any work in carrying out and performing such reserved rights shall be done in such manner as to obstruct or injure the railway hereby authorized as little as possible; but if such improvement, alteration, or work in accordance herewith upon such streets or roads necessarily interferes with the grade of such railway, the said railway shall be altered and made to correspond with the improvements, alteration, or grade immediately upon being so required.

3rd. The said association and others, before laying the railway upon any of the streets or roads in the district of Honolulu, shall ascertain the lawful grade of such streets or roads from the superintendent of public works, who shall furnish the required information within a reasonable time. The tracks of such association and others shall conform to the grades of said streets or roads on which they are laid down as furnished by the superintendent of public works or other officer duly appointed by him, and the said association and others shall not in any way change or alter the same without the written consent of the governor. And the government of Hawaii reserves forever the right to change the line and grades of its streets at any time that the public interests demand such changes; and the said association and others shall, at its own cost, within thirty days, conform to such new lines or grades in reconstructing its tracks or lines upon receiving notice in writing from the superintendent of public works, and such changes shall be made subject to the approval of the superintendent of public works. And in all cases of street improvements by the government the said association and others shall conform to all such improvements in the kind of pavement and the manner of laying the same, as directed by the superintendent of public works.

In case of neglect by the said association and others to make such repairs, changes, or improvements required of it by this section, they shall be made by the officers, servants, and employees of the government of Hawaii, and the cost of such repairs, changes, or improvements may be recovered by the said government from the said association and others.

SECTION 30. All material required by the said association and others to be used for the purpose of this act, when imported from the United States and being the product or manufacture of the said United States, shall be free of duty, and the property of the said association and others shall not be liable to internal taxation while said railway is

under construction, provided that as fast as completed and equipped the completed and equipped portions shall become liable to such taxation.

SECTION 31. Said railway or corporation shall pay in annual payments to the department of the treasury the sum of ten dollars per annum as a license tax upon each passenger car used by it or them, and no greater sum shall be exacted as car license.

SECTION 32. All orders, permits, or approvals, as provided for in this act, shall be in writing.

SECTION 33. The entire plant, operation, books, and accounts of the said association and others shall, from time to time, be subject to the inspection of the minister of the interior or other officer appointed by him for the purpose.

SECTION 34. None of the rights or privileges enumerated in this act shall be exercised by the persons forming the association set forth in section 1, nor by their assigns, until a corporation shall have been duly organized under the laws of this Territory, for the purpose of constructing, operating, and maintaining the lines of railway mentioned in this act, having a capital stock of not less than two hundred thousand dollars and all the said rights and privileges assigned to said corporation without reserve.

SECTION 35. The said association and others shall provide such receptacles upon their street cars as shall be approved by the postmaster-general for the conveyance free of charge of all letters.

SECTION 36. Whenever the said association and others, or any corporation which may have been duly organized under the laws of this Territory for the purpose of constructing, operating, and maintaining the lines of railway mentioned in this act, and as by this act provided, refuses to do or fails to do or perform or carry out or comply with any act, matter, or thing requisite or required to be done under the provisions of this act, and shall continue so to refuse or fail to do or perform or carry out or comply therewith, after due notice by the superintendent of public works to comply therewith, the superintendent of public works shall, with the consent of the governor, cause proceedings to be instituted before the proper tribunal to have the franchise granted by this act, and all rights and privileges granted hereunder, forfeited and declared null and void.

SECTION 37. It shall not be lawful to increase the capital stock of said corporation at any time in excess of said two hundred thousand dollars, unless the proposed increase shall, when taken with the said original capital stock, represent only the actual cost of the property of the railway, and not over twenty-five per cent of such cost in addition thereto. Such cost may include all expense of laying tracks and equipping the road for public use, and may also include all subsequent extensions, but no such increase shall be authorized for extensions until they shall be determined upon and authorized by a vote of the corporation.

ACT 70.

AN ACT empowering the governor to exercise control in all matters wherein Clinton G. Ballentyne and others named in section 1 of an act entitled "An act to authorize and provide for the construction, maintenance, and operation of a street railway or railways in the disctrict of Honolulu, island of Oahu," and the associates, successors, and assigns of such persons so named are authorized to exercise the right of eminent domain.

WHEREAS there has been an omission in the act referred to in the title above set forth relative to the rights of the persons named in section 1 of said bill to condemn and take property for the use of said railway or railways, and it is necessary, in order that the rights therein granted may be successfully exercised, that proper supervision and authority should be given to the governor in matters where it is necessary that the right of eminent domain should be used: Therefore,

SECTION 1. That the right to take private property for the use of the railway or railways authorized by the act entitled "An act to authorize and provide for the construction, maintenance, and operation of a street railway or railways in the district of Honolulu, island of Oahu," and the procedure to be had and taken in all such matters, shall in all cases be subject to the prior consent and approval of the governor.

The following sections of the Appendix to the Civil Laws should be read as if inserted on page 310:

REGISTRATION BOARDS.

§ 29. For the purpose of examining applicants for registration as voters and determining their eligibility, there shall be five boards of registration, one for that portion of the Island of Hawaii known as Puna, Hilo, and Hamakua; one for that portion of the Island of Hawaii known as Kau, Kona, and Kohala; one for the islands of Maui, Molokai, Lanai, and Kahoolawe; one for the island of Oahu, and one for the islands of Kauai and Niihau. The boards of registration existing at the date of the approval of this act shall go out of office and new boards, which shall consist of three members each, shall be appointed by the governor, by and with the advice and consent of the senate, whose terms of office shall be four years. Appointments made by the governor when the senate is not in session shall be valid until the succeeding meeting of that body.

[§ 30.]

TIME OF MEETING.

31. The boards shall meet within their respective districts at such times between the last day of August and the tenth day of October, in the year eighteen hundred and ninety-nine, and between such days in each second year thereafter, as many times as may be necessary to enable them to register all persons entitled to register.

REGISTER AT SPECIAL ELECTIONS.

32. At any intermediate special election the register of voters used at the last preceding general election shall be used without change.

PERSONAL APPEARANCE OF APPLICANT.

§ 33. No name shall be placed upon the register of voters for either senators or representatives except upon the personal appearance of the applicant before the board of registration at an advertised public meeting of the board.

EXAMINATION OF APPLICANTS.

§ 34. Each applicant to be placed upon the register of voters for either senators or representatives shall, upon each application for registration, be examined under oath by the board of registration as to each one of the required qualifications.

Provided, however, That after an applicant shall once have passed an examination concerning his ability understandingly to speak, read, and write the English or Hawaiian language, it shall be at the discre