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Act 169. Harbors.
Act 170. Public Utilities Commission.

posting such notice in the English and Hawaiian languages at the courthouses of the district in which such place is located; said notice shall contain a description of such property as near as may be, the name of the owner or consignee if known, the amount of charges due thereon, together with the time and place of said sale. Any freight in its nature perishable may be sold by the board either at public or private sale as soon as its condition makes a sale necessary.

The surplus, if any, received from such sale shall, after paying any accrued freight charges on the freight, be paid to the owner or consignee, if known, and if not known, shall be deposited in the territorial treasury as a special fund, which fund shall consist of the surplus received from sales made under this section. At any time within one year thereafter, upon written

. demand and proof of identity satisfactory to him, the treasurer shall pay the owner thereof said surplus. If such surplus be not claimed by the owner within one year after the date of sale it shall thereupon escheat to the Territory of Hawaii, and be transferred to the general funds of the Territory."

SECTION 6. This Act shall take effect July 1, 1915.
Approved this 26th day of April, A. D. 1915.

LUCIUS E. PINKHAM,
Governor of the Territory of Hawaii.

ACT 170

AN ACT To AMEND SECTION 2221 OF THE REVISED LAWS OF HAWAII,

1915, RELATING TO PUBLIC UTILITIES COMMISSION. Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. Section 2221 of the Revised Laws of Hawaii, 1915, is hereby amended so as to read as follows:

Act 170. Public Utilities Commission.
Act 171. Summary Possession.

“Section 2221. Number, appointment, salaries, of commissioners. There is created a public utilities commission of three members, who shall be called commissioners and who shall be appointed in the manner prescribed in Section 80 of the Organic Act for terms of three years, or the unexpired portions thereof, so that the term of one member shall expire on the thirtieth day of June in each year, beginning with the year 1914. One member shall also be appointed chairman of the commission. Cach member of said commission shall receive compensation at the rate of ten dollars per day while actually engaged in the performance of his duties as such commissioner, and any member of the commission may be a salaried officer of the Territory or of any political subdivision thereof. No person owning any stocks or bonds of any public utility corporation, or having any interest, or deriving any remuneration from any public utility shall be appointed or employed by the commission."

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SECTION 2. This Act shall take effect from and after the date of its approval.

Approved this 26th day of April, A. D. 1915.

LUCIUS E. PINKHAM, Governor of the Territory of Hawaii.

ACT 171

AN ACT

RELATING TO REMEDIES OF LANDLORDS, ADDING A NEW SEC

TION TO CHAPTER 154 OF THE REVISED LAWS OF HAWAII, 1915, TO BE KNOWN AS SECTION 2755 A.

Act 171. Summary Possession.
Act 172. Extortion by Public Utility.

Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. A new section is hereby added to Chapter 154 of the Revised Laws of Hawaii, 1915, to be known as Section 2755 A, and to read as follows:

“Section 2755 A. Joinder of other causes of action. In any action for summary possession begun under the provisions of Chapter 154, the plaintiff may join actions for rent, profits, damages and waste where these arise out of and refer to the land or premises whose possession is sought.”

SECTION 2. This Act shall take effect upon its approval. Approved this 26th day of April, A. D. 1915.

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LUCIUS E. PINKHAM, Governor of the Territory of Hawaii.

ACT 172

AN ACT

RELATING TO EXTORTION BY ANY OFFICER, AGENT, OR EM

PLOYEE OF A PUBLIC UTILITY CORPORATION, AND ADDING
A NEW SECTION TO CHAPTER 229 OF THE REVISED LAWS
OF HAWAII, 1915, TO BE KNOWN AS SECTION 3944A.

Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. A new section is hereby added to Chapter 229 of the Revised Laws of Hawaii, 1915, to be known as Section 3944A and to read as follows:

“Section 3944A. Whoever, being an officer, or agent or employee of a public utility corporation, as defined by Section 2238 of the Revised Laws of Hawaii of 1915, shall by coercion,

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duress, threat or the withholding of service of such utility from another, extort from another for his own use and benefit, or for the use and benefit of the said corporation, or a third person, any involuntary agreement or anything of value, knowing that he has not any legal authority, or right to exact the same, is guilty of extortion in the second degree."

SECTION 2. This Act shall take effect upon its approval. Approved this 26th day of April, A. D. 1915.

LUCIUS E. PINKHAM, Governor of the Territory of Hawaii.

ACT 173

AN ACT

EXTENDING THE USE OF THE POWER OF EMINENT DOMAIN UN

DER CERTAIN CONDITIONS TO PUBLIC UTILITY COMPANIES
ACTING UNDER A FRANCHISE GRANTED BY THE LEGISLA-
TURE OF THE TERRITORY OF HAWAII AND APPROVED BY
THE CONGRESS OF THE UNITED STATES.

Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. Any incorporated company organized under the laws of the Territory of Hawaii exercising a public utility, as defined by Section 2238 of the Revised Laws of Hawaii, 1915, under a franchise granted by the Legislature of the Territory of Hawaii and approved by Act of Congress, pursuant to Section 55 of the Organic Act, shall have the right, and is hereby vested with the power and authority, to acquire by the exercise of the right of eminent domain such real property, rights of way and interests in, over, across, under, and through any real

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property which may be necessary for the purpose of said public utility. Provided, however, that this Act shall not be construed to hold or apply to any company now possessing the power of eminent domain under the laws of the Territory of Hawaii, nor as in any manner affecting the exercise of such power by such company.

SECTION 2. The power of eminent domain, granted by Section 1 of this Act, shall be exercised in the same manner and with like procedure as the power of eminent domain may be exercised by a railroad company under the provisions of Section 725 of the Revised Laws of Hawaii, 1915, and otherwise in accordance with all applicable provisions of the general laws of the Territory, and only, after the company desiring to exercise said power, has first obtained the written consent of the public utilities commission organized and acting under the provisions of Chapter 128 of the Revised Laws of Hawaii, 1915, to the institution of condemnation proceedings, such consent to be given only after investigation by said commission, and notice to the parties in interest and to the public an opportunity for said parties and the public to be heard.

SECTION 3. This Act shall take effect upon its approval. Approved this 26th day of April, A. D. 1915.

LUCIUS E. PINKHAM, Governor of the Territory of Hawaii.

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