Identity area
Type of entity
Corporate body
Authorized form of name
Commissioners of Fences
Parallel form(s) of name
Standardized form(s) of name according to other rules
Other form(s) of name
Identifiers for corporate bodies
Description area
Dates of existence
1859-1931
History
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.
Places
Hawai‘i Island; Kauai; Lanai; Maui; Molokai; Oahu; Kona, Hawaii
Legal status
Functions, occupations and activities
Mandates/sources of authority
Internal structures/genealogy
Act 42, Republic of Hawaii Legislature 1896
1900 Organic Act
Act 101, SLH 1931
General context
Relationships area
Access points area
Subject access points
Place access points
Occupations
Control area
Authority record identifier
Maintained by
Institution identifier
Rules and/or conventions used
Status
Level of detail
Dates of creation, revision and deletion
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Maintenance notes
2021-08-23, Carol Kellett: Entered into AtoM.