Waikahalulu, by causing a retaining wall to be erected at a suitable depth of water seaward, and by filling up said lots in such manner as that warehouses may be safely built thereon. He may also build out from said retaining wall such wharves as the public wants may require. § 508. The superintendent of public works shall have the general charge of the pipes or conduits of water to supply the city and harbor of Honolulu and other places within the Territory.

§ 509. He may from time to time regulate the rates to be paid for water, and whenever such rates shall be changed notice thereof shall be duly advertised not less than once a week for at least four weeks in the Hawaiian and English languages in two or more newspapers published in Honolulu.

§ 510. Applications for a permanent supply of water from any Government system or source of supply shall be in writing, signed by the applicant. Such application shall be upon a printed form, to be supplied by the superintendent of public works to the superintendent of waterworks, and shall contain a statement of the terms and conditions upon which water may be used. If permission shall be granted, the applicant shall be furnished with a duplicate of the form of application, and shall be entitled to a water privilege as specified in such application. Water rates shall be payable half yearly in advance on the first day of January and the first day of July each year, at the office of the waterworks.

§ 511. The superintendent of waterworks shall, at least ten days before such water rates shall be payable, notify all persons then holding water privileges, as aforesaid, by advertisement in one or more newspapers published in the English and Hawaiian_language, that such rates are payable on the first day of January or July, as the case may be, next following such notice.

§ 512. If such rate shall remain unpaid for fifteen days after it is due, ten per cent in addition to the regular rate shall be charged to and become due by the person holding such privilege, and the superintend ent may forthwith, without notice, shut off the water from such privilege, charging the expense for so doing to the person holding such privilege.

§ 513. In addition to the notice heretofore required to be given by the superintendent of waterworks, he shall also, ou or before the first day of July and January in each year, mail to each ratepayer a notice that such rate is due, and the amount thereof.

$514. The superintendent of public works may from time to time make such further rules and regulations for the Government watersupply system and revise the same as shall be necessary, not in any case to conflict with the provisions of this chapter.

§ 515. The said superintendent shall appoint some discreet and capable person to be superintendent of waterworks, whose duty it shall be to keep the conduits or pipes for the conveyance of water in repair, collect all water rates from ships and persons in Honolulu or its vicinity, and perform such other duties in connection therewith as the said superintendent may prescribe.

§ 516. The superintendent of waterworks shall receive for his compensation such sum as may be fixed by the superintendent of public works, not exceeding, however, fifteen per cent of the gross amount of water rates he may collect. He shall make under oath a quarterly return, or at any time when required by the said superintendent, of all his receipts and expenditures.

NOTE TO CHAPTER 40.

§§ 506-507 are C. L., §§ 189–190.

§ § 508-512 are S. L. 1886, ch. 26. §513 is S. L. 1888, ch. 29. § 514 is S. L. 1886, ch. 26. §§515-516 are C. L., §§ 192–193. Cases in Hawaiian Reports: Way v. Gulick, 5 Haw., 71.

CHAPTER 41.

HONOLULU WATERWORKS.

§ 517. The superintendent of public works is hereby authorized and empowered, in accordance with the provisions of this chapter, to enter upon and take possession of and hold for the use of the Government, such land and water, real estate and property, saving and excepting the water springs of Kunawai, Wailuakio and Kanewai, as may be required for the use, maintenance, increase and development of the Honolulu waterworks, in the way of laying water pipes, digging water leads, building dams and reservoirs, and reserving forest land, or land for the growth of forest vegetation, on the southern and western slopes of the Konahuanui range of mountains in the district of Honolulu, and lying between and including the eastern side of Palola Valley and the western side of Kalihi Valley, with all spurs and gulches of the said slope between the said limits.

§518. The superintendent of public works shall appoint three competent and disinterested parties, who shall be sworn before entering upon the duties of their office, and any one of them shall have power to administer oaths, to act as commissioner to ascertain and determine upon the compensation to be made to the owner or owners, person or persons interested, for the taking or injuriously affecting such land and water, real property, as may be required for the said works.

§ 519. The said commissioners shall, by printed or written notice, notify the owners and others interested in the land and water, real property, proposed to be taken or injuriously affected, to meet them, within thirty days thereafter, at some convenient place, and lodge their claims for compensation; thereafter the commissioners shall proceed with dispatch to take what testimony may by them be deemed necessary, and after having viewed the premises, the said commissioners, or a majority of them, shall determine upon the compensation proper to be made to each of the parties claimant and interested.

§ 520. The said commissioners, or a majority of them, shall make, subscribe, and file with the superintendent of public works, within such reasonable time after their appointment as may be fixed upon by the said superintendent, a certificate of their finding and appraisement, in which the land and water, real estate and property, so valued and to be taken, shall be described by map, diagram, or otherwise, with convenient accuracy and certainty.

§ 521. Upon the filing of the certificate, as provided in the preceding section, the superintendent of public works is hereby authorized to pay to the persons named in said certificate the several amounts determined upon by the said commissioners out of the appropriation for the Honolulu waterworks, and to take possession of and occupy all land and water, real estate and property, described in the said certificate, and to hold and use the same for the benefit of the Honolulu waterworks: Provided always, that either party feeling aggrieved by the decision of the commissioners may appeal to the supreme court of the Hawaiian Islands at the first regular term thereafter, on giving security for costs as provided in civil cases; And further provided, that such appeal shall

not prevent the superintendent of public works from proceeding with the works, or retaining or taking possession of all land and water property mentioned and valued in the said certificate of the commissioners. $522. The superintendent of public works, upon payment being made or tendered to all the parties entitled to payment under the certificate of the commissioners, shall cause to be entered on the records of his office said certificate, and a certified copy of the same shall be recorded in the office of the registrar of conveyances with the like effect as if it was a deed of conveyance in fee simple from the said owners and parties interested to the government of Hawaii.

§ 523. The superintendent of public works shall, on receiving the cer tificate of appraisement, pay to the commissioners such reasonable compensation as he may determine upon, and he shall have power to fill any vacancy in their number from death or other cause.

§ 524. The superintendent of public works is hereby authorized and empowered to enter upon, and take possession of, and hold, for the use of the government, such land, real estate, and property in the city of Honolulu as may be required for the laying of pipes in connection with the Honolulu waterworks.

§ 525. Compensation shall be made to all parties from whom such land, real estate, and property is taken, as provided in sections 518 to 523.

TRESPASS OF ANIMALS.

§ 526. If any horse, mule, ass, hog, goat, sheep, or neat cattle shall trespass upon any of the government land at the source of the streams, and upon which are the sources of the water which supply the reservoirs now erected, or hereafter to be erected, for furnishing water to Honolulu, the owner of such animal or animals shall forfeit and pay, for the use and benefit of the government of Hawaii, the sum of one dollar per head, excepting sheep and goats, for which they shall pay fifty cents per head. And if any trees or plants growing upon said lands be injured or destroyed, or the grass be uprooted or damaged by such animal or animals, the owner or owners thereof shall pay, for the use and benefit of the government of Hawaii, the full amount of any such damage, to be recovered before the district court in Honolulu, if the amount claimed shall not exceed five hundred dollars.

§ 527. And be it further enacted, That the agent or luna appointed by the superintendent of public works to take charge of said government lands shall be, and is hereby, authorized to sue for and recover such damages in his own name to the use and benefit of the government of Hawaii.

§ 528. And be it further enacted, That all such damages recovered shall be applied by the superintendent of public works for the purpose of protecting said government lands and guarding the same against trespass.

§ 529. And be it further enacted, That if the owner or owners of such animal or animals neglect or refuse to pay for such trespass after demand made by such agent, and said animal or animals shall be taken to the government pounds, then all subsequent proceedings relative thereto shall be regulated by the general law on the subject in chapter 36.

NOTE TO CHAPTER 41.

§§ 524-525 are S. L. 1860, amended S. L. 1878, ch. 30, C. L., p. 500.

§§ 524–525 are S. L. 1868, C. L., p. 503. §§ 526-529 are S. L. 1880, ch. 42, C. L., p. 503. The following special acts relating to water works have been omitted in this compilation.

Hilo (franchise to S. G. Wilder), S. L. 1887, ch. 33.

Nortli Kohala, S. L. 1890, ch. 39.

Wailuku, S. L. 1890, ch. 59, and S. L. 1892, ch. 100.

Hamakua (franchise to F. A. Schaefer and Samuel Parker), S. L. 1890, ch. 77.
Cases in Hawaiian Reports: Herring v. Gulick, 5 Haw., 58.

CHAPTER 42.

THE CONSTRUCTION OF RAILWAYS.

WHEREAS good roads are absolutely necessary to develop the resources of many parts of the Territory, and railroads are essential to bring produce to safe ports. Therefore,

Be it enacted, etc.

§ 530. Power and authority is hereby given to the superintendent of public works, by and with the consent of the governor, to enter into contract with any association of persons who may associate themselves together under the general corporation act (chapter 127) of this Terri tory, and by the general law in relation to corporations and subject to all the provisions thereof, for the purpose of building and operating a railroad or railroads in any part of this Territory.

§ 531. And said superintendent, with the consent of the governor, shall have power and authority to grant a right of way through all government lands, and to grant such government lands as may be necessary for their buildings, stations, depots, and stores, or other structures, and also the free use of water, to any corporation as aforesaid for the purpose of building such railroad or railroads.

§ 532. For the purposes and subject to the provisions and restrictions of this chapter, the corporation may, from time to time, exercise any of the following powers:

It may enter upon any lands which may adjoin upon the line of any railway which may be authorized by charter to be made, and may bore, dig, cut, trench, embank, and drain, and may remove or lay, take, carry away, and use any earth, gravel, stone, timber, or other things dug or obtained therein or otherwise in the execution of any powers hereafter given, and which may be proper for the making, maintaining, altering, repairing, or using any railway lawfully authorized, or which may obstruct the making, maintaining, altering, repairing, or using of the

same.

It may make, in, upon, across, under, or over any such lands, or any street, roads, ways, railroads, tramways, hills, valleys, rivers, canals, water courses, or waters, such temporary or permanent inclined planes, tunnels, cuttings, embankments, aqueducts, bridges, roads, ways, passages, conduits, drains, piers, arches, fences, and other work and conveniences as it thinks proper.

It may alter the course of any rivers not navigable, canals, brooks, streams, or water courses during such times as is necessary for constructing or maintaining tunnels, bridges, or other works over, under, or affecting the same; and may temporarily or permanently alter the course of any such rivers or streams, or raise or sink the level of any such rivers or streams, streets, roads, or ways, in order the more conveniently to carry the same over or under or by the side of any railway. It may make drains or conduits into, through, or under any lands adjoining the railway for the purpose of conveying water from or to the railway, and upon the railway, or any lands adjoining or near thereto.

It may make such piers, jetties, stations, sidings, wharves, warehouses, toll houses, and other houses, yards, engines, machinery, signal

posts, and other apparatus, works, and conveniences whatsoever connected with the railway as the corporation may think proper, and may from time to time alter, repair, or discontinue any such apparatus, works, and conveniences, and substitute others in their stead.

It may fell or remove any timber or other trees being within two hundred feet from either side of the railway which, by their liability to fall or otherwise, might obstruct or injure the railway.

It may also fell or cut down and remove any trees or wood, whether timber or other trees, or scrub or underwood, which, by reason of the line making a curve or otherwise, may obstruct or impede a view of any signal post from any portion of the line which shall be within one mile in a right line from any such signal post.

It may enter upon and use any existing private road, being a road graveled or formed with stones or other hard material, and not being an avenue or approach to any dwelling house.

It may enter upon and take, purchase, and hold all such lands, tenements, and hereditaments as may be required for the purposes of the railway and works connected therewith."

It may do all other things necessary or convenient for making, maintaining, altering, or repairing and using the railway.

§ 532A. But nothing in this chapter shall be construed to authorize any such corporation to enter upon or take any tide waters, nor to in any wise hinder, obstruct, or interfere with navigation in or upon any public navigable waters, nor to erect, build, or maintain any pier, jetty, or wharf in, upon, or over any harbor, bay, or river beyond highwater mark.

§ 533. In the exercise of the powers mentioned in the last preceding section the corporation shall do as little damage as can be; and shall make full compensation, in manner in this act provided, to all parties interested for all damage sustained by reason of the exercise of such power.

§ 534. The lands to be taken or used for the line of any railway lawfully authorized shall not exceed one hundred feet in width, except where greater width is necessary for engines or carriages to turn, stand in, or pass each other, or for stations, or for raising embankments, or for crossing valleys or low grades, or for cutting through high grounds, or for the erection or establishment of any fixed or permanent wharf, warehouse, toll house, machinery, or other building or erection, or for excavating, removing, or depositing earth or other material.

§ 535. Subject to the restrictions hereinafter mentioned, the corporation may, without previous payment, tender, or deposit, enter upon and use any lands adjoining or lying near the railway for the purpose of taking earth or soil by side cuttings therefrom, or of depositing, working, or manufacturing upon such lands any earth, clay, stones, brick, slates, timber, lime, or other materials, or of obtaining materials therefrom for the construction or repair of the railway or works, or for making temporary roads or approaches to or from the railway or works, or for any other purpose necessary to the construction and maintenance of the railway.

§ 536. Before it makes such temporary use of any such lands, the corporation shall give twenty-one days' notice of such intention to the owners or occupiers of such lands, except in the case of accident, the railway requiring immediate reparation, or where the owners can not be ascertained; and shall separate, by sufficient railings or fences, so much of the lands as is required to be so used from the other lands adjoining thereto.