Identity area
Type of entity
Corporate body
Authorized form of name
Commissioners of Private Ways and Water Rights
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
1856-1907
History
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).
Places
Legal status
Functions, occupations and activities
The major duty of the Commissioners of Private Ways and Water Rights was to hear and determine controversies respecting rights of way and rights of water.
Mandates/sources of authority
Laws, 1856
Laws, 1860
Laws, 1886, Act 69
Laws, 1907, c. 56
Internal structures/genealogy
General context
Relationships area
Access points area
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Control area
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Rules and/or conventions used
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Level of detail
Dates of creation, revision and deletion
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Maintenance notes
2021-05-03, Carol Kellett: Entered into AtoM.