Showing 639 results

Numerous attempts had been made by Mōʻī (King) Alexander Liholiho [Kamehameha IV] to have the Constitution of 1852 amended; the right of the king to recall the constitution had been discussed in the Privy Council. Upon his accession in 1863, Mōʻī (King) Lota Kapuāiwa [Kamehameha V] did not take the oath to maintain the Constitution of 1852. After discussions in the cabinet, the king issued a royal proclamation on May 5, 1864 summoning the nobles and delegates of the people for "the purpose of consulting on the revision of the Constitution." On July 7th fifteen nobles and twenty-six delegates convened with the king, but the business of the convention was the enactment of a new constitution. The convention reached an impasse over the issue of a property qualification of voters, and was dissolved by the king on August 18th. On the twentieth, the king proclaimed a new constitution.

In 1856, the Legislature provided for the Appointment, by the Minister of the Interior, of three persons in each Election District to act as Commissioners of Private Ways. Their major duty was to hear and determine controversies respecting rights of way.

In 1860, the Act was amended to include rights of water as well as rights of way. Although adding water privileges, the Legislature stated that this Act in no way interfered with the provisions of another 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."

When appealing a decision of the Commissioners of Rights of Way and Rights of Water, the plaintiff had to post bond with the commissioners, as he was responsible for court costs if the case was lost. (Laws, 1868, p.6). Also, in 1868 (Laws, 1868, p.28), a provision was added that required a commissioner to disqualify himself in any case where he had a personal interest.

Act 69, 1886, stipulated that records should be kept and deposited with the clerks of the respective courts. Act 61, 1888, changed the number of commissioners from three to one per election district.

With annexation and the 1900 Organic Act, the authority to appoint Commissioners passed to the Governor, but its duties remained the same.

In 1907 (Act 56), the commission was abolished, and the judge of the circuit court within which the affected property is situated was given jurisdiction to hear and determine controversies respecting rights of way and water, with provision for appeals through the Supreme Court. This law remains in effect. (HRS 1976, Sec. 664-32).

In 1859, provision was made for the establishment of commissioners to decide disputes arising between interested parties relating to fences. The Minister of the Interior, on petition of 25 land owners in any taxation district, would appoint three persons residing on the island to be commissioners of fences for that district.

In 1896 (Act 42), a clause was added limiting private person(s) rights in dealings with the Government. An individual could not compel the Government to join the cost of erecting or maintaining a fence on the boundary line between Government and private lands, but the Government could compel action of any person (or lessee) owning (or leasing) land adjoining Government lands.

With annexation and the 1900 Organic Act, the authority to appoint commissioners passed to the Governor, but the structure and duties of the commissioners remained the same.
In 1931 (Act 101), the circuit court judge of the circuit within which the land was situated, was given jurisdiction over cases involving person(s) owning land and desiring to fence or provide for maintenance of the fence. Any appeals were to be made to the Supreme Court.

This Act was amended in 1935 (Act 52), to include persons leasing was well as owning land, and today (HRS 1976, Sec. 664) the law includes persons owning, leasing or occupying land under an agreement with the owner or lessee.

In 1862, a "Commission of Boundaries" was established by Act (approved August 23, 1862) providing for the appointment by the Minister of the Interior, with approval of the King, of two persons in each Gubernatorial district for the term of five years.
The Commission would determine and certify boundaries for owners of ahupuaas and ilis whose lands had not been awarded by the land Commissioners, patented or conveyed by deed from the King or described by boundaries resulting from an award, patent or deed. These land owners were required to file with the Boundary Commissioners within four years from the passage of the Act.
The Minister of the Interior could no longer issue any patent on awards made by the Commissioners to Quiet Land Titles, without the boundaries being officially decided by the Commissioners of Boundaries.
In July 1866 (by Act), the Commission membership changed and the 1st Associate Justice of the Supreme Court became the sole Commissioner of Boundaries.
The Act was revised (June 22, 1868) so that no more than one Commissioner for each Judicial Circuit (in no case shall any judge of the Supreme Court be appointed) would be appointed by the Minister of the Interior.
Subsequent acts extended the term of the Commission and the deadlines for land owners with no official boundaries, to have their boundaries certified by the Commission. In 1876, a clause was added requiring the Commissioners to deposit copies of all boundary certificates with the Minister of the Interior.
With the establishment of the Republic and Act 14 (approved October 27, 1894), the President of the Republic assumed the authority to appoint Commissioners and no limit was set on the term of the Commission. With annexation and the 1900 Organic Act, the authority to appoint Commissioners passed to the Governor, but the structure and duties of the Commission remained the same.
In 1915 (Act 79), the Commission was required to send copies of boundaries to the Commissioner of Public Lands instead of the Minister of the Interior.
Finally, in 1932 (Act 8}, the composition of the Commissioners changed. The circuit judges of the 2nd, 3rd, 4th, and 5th judicial circuits and the judge of the land court for the 1st judicial circuit, became the Commissioners of Boundaries. This makeup of Commissioners (excluding the 4th circuit) is in effect today. (HRS 1976, Sec. 664).

By section 73 of the Hawaiian Organic Act of April 30, 1900.

The duties of the Commissioner of Public Lands were assumed by the Department of Land and Natural Resources by the Hawaii State Government Reorganization Act of 1959.