ARTICLE XLIV—OF THE SETTLMENT OF CONTROVERSIES RESPECTING RIGHTS OF WAY AND RIGHTS OF WATER

 

§996.  There shall be appointed by the Minister of the Interior, in each election district throughout the Kingdom, three suitable persons to act as commissioners of private ways and water privileges.

 

§997.  It shall be the duty of such commissioners within their respective districts, to hear and determine all controversies respecting rights of way and rights of water, between private individuals or between private individuals and the Government.

 

Section 2.  Nothing in this Act contained shall be deemed to interfere or conflict with the provisions of an Act entitled “An Act to authorize the Minister of the Interior to take possession of whatever land and water may be required for the use of the Honolulu Water Works.”

 

RESPECTING THE DUTIES OF COMMISSIONERS OF RIGHTS OF WAY

 

Section 1.  No person shall act as commissioner or rights of way, in the determination of any controversy, in the result of which he shall have any interest, or in which any person may have an interest who shall have business connections with such commissioner.

 

Section 2.  Whenever any vacancy shall occur in the board of commissioners of the rights of way, as provided for in this Act, the remaining members of the board shall immediately inform the Minister of the Interior of the same, who shall thereupon appoint some other person to act in the place of such disqualified commissioner in the adjudication of the controversy.

 

§998.  In settling such controversies, the commissioners shall give such decision as may in each particular case appear to them to be just and equitable between the parties interested.  Any decision made by a majority of the commissioners shall be conclusive upon all parties, subject to the right of appeal.”

 

§999.  Any party deeming himself aggrieved by the decision of the commissioners for the settlement of controversies respecting the rights of way and rights of water, may appeal therefrom to the circuit court of the respective circuits, or to the Supreme Court, which circuit court or Supreme Court shall hear and determine the case in banco and allow the introduction of new evidence, provided, however, that any party desirous of so appealing, shall give notice of the same to the commissioners within five days after the rendition of their decision, and pay to the commissioners the costs accrued to the date of such appeal, and deposit with the commissioners a bond in the sum of one hundred dollars, with sufficient surety to be approved by a majority of said commissioners conditioned for the payment of the costs further to accrue, in case the appellant is defeated in the court above, whereupon a certificate of appeal shall be granted.

 

§1000.  Whenever any party shall appeal from the decision of the commissioners, as provided in the last preceding section, it shall be the duty of the commissioners to send up a statement of the case, together with a copy of their decision, to the court to which the appeal has been taken.

 

§1001.  The commissioners shall receive the sum of two dollars each per diem as a compensation for their services in settling any such controversies; which compensation shall be paid by either of the parties alone, or by all the parties interested, in such proportions as the commissioners may adjudge.  In case of appeal, the compensation of the commissioners, as well as the additional costs, shall abide the decision of the appellate court.

 

§1002.  The commissioners provided for by this article shall be removable from office, at the pleasure of the Minister of the Interior, who shall also have power to fill all vacancies which may occur in their number.

 

§1003.  The said commissioners shall have the like power to administer oaths, to punish contempts, to grant adjournments, to subpoena and compel  the attendance of witnesses, to enforce judgment, and issue execution for costs, as conferred by law upon police courts.

 

 

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