nage exceeds two hundred and fifty tons, shall be compelled or allowed while so engaged, to carry to or from any port or place in the Hawaiian Islands any leper or any person or persons suffering from any contagious or infectious disease.

$1004. The master or owner of any such vessel knowingly violating the provisions of Section 1003 shall be guilty of a misdemeanor, and upon conviction before any District Magistrate shall be fined in a sum not to exceed two hundred dollars.

$1005. Any person violating the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof before any District Magistrate shall be fined in a sum not to exceed two hundred dollars.

PART IV.-ACQUISITION OF LAND.

GOVERNMENT RESERVATION.

$1006. The Minister of the Interior is hereby empowered to purchase all lands, the title to which is now held and owned by private persons within the precincts of the Government Reservation, used for the Leper Settlement at Molokai.

$1007. In every case where no agreement about the price of such lands can be made between the Minister of the Interior and the owners, there shall be appointed three disinterested persons who shall appraise the value of said lands and improvements; one of whom shall be appointed by the Minister of the Interior, one by the owner of the land, and the two thus appointed shall choose the third member, and such appraisement shall be binding upon the parties, unless the party who may be dissatisfied with such appraisement shall, within twenty days. after notice of such appraisement, appeal therefrom.

$1008. The appeal mentioned in Section 1007 shall be taken to the Supreme Court, sitting in Banco, who shall decide the question upon the testimony presented before the appraisers,

and no new evidence shall be allowed to be given on such appeal. The Supreme Court may, upon such appeal, approve, reverse or modify the appraisement; and such decision of the Supreme Court shall be final and binding upon the parties to the controversy, and the owner of said land shall not be subjected to the payment of the costs of such appeal.

$1009. The owner of such lands shall deliver possession of the same to the officers in charge of the Leper Settlement within sixty days after the appraisement becomes final, and the Minister of the Interior shall forthwith, after such delivery, pay to the owner the sum fixed by the appraisement or decision; and upon such payment the title to said lands shall become and remain vested in the Government.

$1010. A copy of the appraisement or decision, duly certified with the certificate of the Minister of the Interior, of the payment or tender of the sum appraised or decreed duly acknowledged by said Minister, shall be recorded and be deemed sufficient record evidence of the change of title.

ON MOLOKAI.

$1011. The Minister of the Interior 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 wheresoever situated on the Island of Molokai in the Hawaiian Islands, as may be required by the Board of Health for the segregation and confinement of lepers, or for other purposes of the Board of Health.

$1012. Whenever the Board of Health may require any parcel of land or property on the Island of Molokai for any such purposes, the President of the Board shall so inform the Minister of the Interior in writing, stating the location and area of such land or property so far as may be known to him, and the purpose for which the same is required, with a request that the

same be acquired by the Government. If upon receipt of such request and information the said Minister shall deem the same to be reasonable and proper, he shall, after first giving thirty days written notice to the occupants of such land or property, take possession of the same for the use of the Government. Provided, however, that if such land or property is not actually occupied by any person, the said Minister may take immediate possession of the same.

$1013.

Whenever the Minister of the Interior shall proceed to take possession of any land or property under the provisions of this Act, he shall first endeavor to agree with the owners (if known to him) of such land or property upon the amount to be paid them for the land or property taken or proposed to be taken, or to compromise with them, and in case of failure to agree with them he shall appoint three competent and disinterested persons to act as commissioners to ascertain and determine such compensation.

$1014. The commissioners so appointed shall give notice to the owners, if known to them and resident within the Hawaiian Islands, whose property has been taken or is proposed to be taken. If the owners of such land or property be unknown or cannot be served by reason of non-residence or other cause, then a notice posted in a conspicuous place on the land or property, or left at the owner's, occupant's, tenant's or agent's residence shall be deemed sufficient notice. Such notice may be in general terms and addressed to all persons interested.

$1015. Such notice shall describe the land or property taken or proposed to be taken, and state the time and place at which the commissioners will meet to hear the claimants and take evidence as to the amount of compensation to which they are entitled. At every such meeting the commissioners shall take such testimony as they deem necessary, and they or a majority of them shall determine upon the proper compensation to be made. The decision arrived at by the commissioners shall be final and

binding unless an appeal is taken as hereinafter provided. The commissioners shall have power to administer oaths, subpoena witnesses and grant continuances in like manner as District Magistrates.

$1016. The commissioners, or a majority of them, shall make, subscribe and file with the Minister of the Interior, within such reasonable time as shall be fixed upon by said Minister, a certificate of their findings and appraisement, in which the land or property so valued shall be described with convenient accuracy and certainty.

$1017. Upon the filing of the certificate as provided in the preceding section, the Minister of the Interior is hereby authorized to pay to the person or persons named in the certificate the several amounts determined upon by the commissioners, out of any appropriation available for the purpose; provided, always, that either party feeling aggrieved by the decision of the commissioners may appeal to the Circuit Court of the First Judicial Circuit.

$1018. All appeals must be taken within twenty days after the date of the filing of the certificate with the Minister of the Interior, by filing with the commissioners a written notice of appeal, and filing with the Clerk of the Judiciary Department a bond in the sum of fifty dollars, conditioned to secure payment of future costs. Provided, however, that fifty dollars in money may be deposited in lieu of a bond.

Such appeal shall not prevent the Minister from retaining or taking possession of the land or property mentioned and valued in the certificate.

$1019. A copy of the final appraisement or decision duly certified by the Minister of the Interior under the seal of his office shall be recorded in the office of the Registrar of Conveyances, and shall operate as a deed of conveyance in fee simple

from the owners of the land or property to the Hawaiian Gov

ernment.

$1020. The Minister of the Interior shall, on receiving the certificate of appraisement, pay to the commissioners such reasonable compensation for their services as he shall determine upon, and he shall have power to fill anv vacancy in their number caused by death or otherwise.

NOTE TO CHAPTER 62.

PART I.

§§ 987-989 are P. C. Ch. 62, §§1-3.

$990 is S. L. 1884, Ch. 24.

$991 is P. C. Ch. 62, §5.

§§992-993 are S. L. 1870, Ch. 33, C. L. p. 522.

$994 is P. C. Ch. 62, §7.

$995 is S. L. 1892, Ch. 54.

$$996-997 are S. L. 1892, Ch. 66.

§998 is S. L. 1888, Ch. 74.

PART II.

S$999-1000 are S. L. 1888, Ch. 61.

§§1001-1002 are S. L. 1890, Ch. 79.

PART III.

§1003 is P. G. Act 30, also S. L. 1888, Ch. 48.

$1004 is P. G. Act 30.

$1005 is S. L. 1888, Ch. 48.

PART IV.

$$1006-1010 are S. L. 1884, Ch. 37.

§§1011-1020 are P. G. Act 55.

The Attorney-General is now President of the Board of Health. See Chapter 59.

P. C. Ch. 62, §6 was repealed S. L. 1874, Ch. 11.

Cases in Hawaiian Reports: Segregation of Lepers, 5 Haw. 162;

Re Cabinet, 8 Haw. 568.