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Act 190. Improvement of Insanitary Land.

cost, if

in order to render such lands sanitary; such board shall also have power upon any such appeals to determine the amount to be in conformity with the provisions of Section 982A, apportioned to and assessed against each lot or parcel for such drains or ditches and for the lands acquired therefor and for all other

any, of such drainage system, and whether or not any lands are improperly included in or excluded from the drainage district. The decision of a majority of the board as to the necessity and nature and extent of the improvements and as to the apportionment of the cost of any drainage system shall be final and conclusive upon all parties in interest. The board shall appoint a time and place for hearing, first giving reasonable notice thereof to the president of the board of health, the superintendent of public works, and the owner or occupant of the land in question. Service of such notice shall be as provided in Section 978. As compensation for their services each member of the board shall be entitled to receive five dollars ($5.00) for each day of actual service.”

SECTION 5. Section 981 of the Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

“Section 981. Plans, etc. The superintendent of public works shall transmit to the board with each appeal the appropriate map or plan (or a copy thereof) of the lands to be improved prepared as aforesaid in accordance with the requirements of Section 976A, and shall also transmit to the board with each appeal a statement of the matters and things required as aforesaid by Section 976A to be noted upon or to accompany said map.”

SECTION 6. A new section is hereby added to the Revised Laws of Hawaii, 1915, to be known as Section 981A, and to read as follows:

“Section 981A. Entry upon and acquisition of land. The superintendent of public works shall have power to enter upon

Act 190. Improvement of Insanitary Land.

all lands on the routes of such proposed drains or ditches for the purpose of examining, surveying and laying out the route thereof, and upon all lands proposed to be included in any such drainage district for the purpose of determining whether the same or any portion thereof shall be included in such district, and to institute and conduct proceedings for the condemnation of all lands declared by him when his order is not appealed from or by the aforesaid board on appeal, to be necessary for rights of way for such drains or ditches. In acquiring any such lands the method pursued shall be as prescribed in Chapter 48 of the Revised Laws of Hawaii, 1915, provided, however, that in acquiring by condemnation proceedings any land situated within such drainage district the award of compensation therefor shall be without deduction for any benefits accruing to the remainder of the lot or parcel by reason of the construction of such improvement.

Any lands acquired by condemnation as aforesaid for rights of way for drains or ditches shall be paid for out of any

funds available for the improvement of any lands under this chapter.”

SECTION 7. A new section is hereby added to the Revised Laws of Hawaii, 1915, to be known as Section 982A, and to read as follows:

“Section 982 A. Cost of improvement; how apportioned. The cost of the improvements made or completed by the superintendent of public works shall be apportioned as follows:

1. The cost of filling any lot or parcel shall be borne by such lot or parcel;

2. The cost of any drainage system including the cost of drains or ditches, damages for property taken for the same and other expenses, if

any, shall be apportioned among all the lots or parcels in the drainage district in proportion to their respective areas."

SECTION 8. Section 983 of the Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

Act 190. Improvement of Insanitary Land.

“Section 983. Lien. The cost of the improvements made or completed by the superintendent of public works as determined and apportioned pursuant to the provisions of this chapter shall constitute a lien upon the land improved, which lien shall have priority over all other liens.”

SECTION 9. Section 987 of the Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

“Section 987. Appropriation. There is appropriated out of the general revenues the sum of three hundred thousand dollars ($300,000.00) to be used for the purpose of carrying out the provisions of this chapter, and for the purpose of improving lands in government ownership which are low, insanitary and dangerous to public health, which sum shall be set aside in the treasury of the Territory as a special fund for use for such purposes, and all moneys withdrawn from such fund shall be reimbursed or restored thereto so far as may be out of any moneys repaid or collected under the provisions of this chapter.”

SECTION 10. This Act shall take effect upon its approval. Approved this 27th day of April, A. D. 1915.

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

Act 191. Obscene and Censorious Publications.

ACT 191

AN ACT

TO AMEND SECTION 4129 OF THE REVISED LAWS OF HAWAII,

1915, RELATING TO OBSCENE AND CENSORIOUS OR RIDICULOUS PUBLICATIONS.

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

SECTION 1. Section 4129 of the Revised Laws of Hawaii, 1915, is hereby amended so as to read as follows:

“Section 4129. Obscene and censorious or ridiculous publications. The importing, printing, publishing, lending, selling, offering for sale, putting into circulation, distributing, lending, exhibiting publicly, or introducing into any family, school or place of education, any obscene picture, or pamphlet, sheet or other thing containing obscene language, obscene prints, figures, description or representations, manifestly tending to the corruption of the morals of youth, or of morals generally; or buying, procuring, receiving, or having in possession, any such picture, book, pamphlet, sheet or other thing, with intent to sell, circulate, distribute, lend or exhibit the same, or to introduce the same into any family, school or place of education, or publishing any censorious or ridiculous writing, picture, sign or letter, (whether such letter be signed with the real name of the author or not) which is calculated to injure the reputation, trade or profession of another or to hold him up to hatred, contempt or ridicule, is a common nuisance."

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

Approved this 28th day of April, A. D. 1915.

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

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TO AMEND SECTIONS 2926 AND 2931 OF THE REVISED LAWS OF

HAWAII, 1915, AS AMENDED BY Act 56 OF THE SESSION

LAWS OF 1915, RELATING TO DIVORCE. Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. Section 2926 of the Revised Laws of Hawaii, 1915, as amended by Act 56 of the Session Laws of 1915, is hereby amended to read as follows:

“Section 2926. Grounds for divorce. Divorces from the bond of matrimony shall be granted for the causes hereinafter set forth and no other.

First. For adultery in either party; or for wilful and utter desertion for the term of one year; or when either party is sentenced to imprisonment for life, or for seven years or more, and no pardon granted to a party so sentenced, after divorce, for such a cause, shall restore such party to conjugal rights.

Second. When one of the parties has contracted and is afflicted with leprosy; in which case either the party afflicted or the party not afflicted may maintain the action on said ground.

Third. For extreme cruelty; habitual intemperance; or when the husband, being of sufficient ability to provide suitable maintenance for his wife, neglects or refuses to do so for a continuous period of not less than sixty days. But if the party applying for a divorce shall not insist upon a divorce from the bond of matrimony, a divorce only from bed and board shall be granted, and the relations of the parties after such divorce shall be regulated by the existing laws concerning separation.”

SECTION 2. Section 2931, Revised Laws of Hawaii, 1915, as amended by Act 56 of the Session Laws of 1915, is hereby amended to read as follows:

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