Act 164. Street Improvements, Honolulu.

part or proportion of the cost of the improvement which is to be borne by the city and county as aforesaid, the method of assessment, and the kind or kinds of materials to be used, and by such resolution further direct the city and county engineer to prepare a corrected map of the highway or highways to be improved showing the abutting lands, or of the improvement district showing the highways therein to be improved, as the case may be, and showing the exact location of the improvements, together with final details, plans and specifications for the work; all in such form as will readily permit and encourage genuine competition between contractors in so far as the materials specified will permit of such competition; and the same, when by resolution similarly approved and adopted by the board, shall be used as the basis for the calling of bids and awarding of a contract or contracts for the work as hereinafter provided.

In case such improvements so determined upon shall require the acquisition of any new land therefor, the board of supervisors shall acquire the same before proceeding with the proposed improvement, either by deed, or other voluntary conveyance from the owners thereof at a price or cost not to exceed the estimate of the value thereof which has been advertised as aforesaid, or they may, at their option, and in the name of the City and County of Honolulu cause condemnation proceedings to be brought to acquire the same in like manner as by law now or hereafter provided for like proceedings when brought by the superintendent of public works."

SECTION 5. Section 1797 of said Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

"Section 1797. Petition by owners. If the owners of sixty per cent. of the frontage upon any street, alley or highway designated by them, or of sixty per cent. of the area of land designated by them as a proposed improvement district, shall file with the board of supervisors a petition duly acknowledged

Act 164. Street Improvements, Honolulu.

by such owners requesting the opening or improvement of any such street, alley or highway, or of the streets, alleys or highways in such proposed improvement district, together with the surveys, maps, plans and other preliminary data and estimates mentioned in Section 1794 in the case of a proceeding initiated by the board, the board shall thereupon proceed thereon in the same manner as though the plan for such improvements had been initiated on their own motion; and the cost of such preliminary surveys, maps and other data, if not in excess of the estimate therefor stated in such petition, shall be deemed part of the cost of the improvement. Provided, however, that upon such petition the board shall not have power to abandon such proceedings or make any change or modification of such plans or the details or specifications for the proposed improvements without the written and duly acknowledged consent of the owners of not less than sixty per cent. of the frontage or area of the land to be assessed; except that the board may decline. to acquiesce in or may modify any part of such plan which contemplates the payment by the city and county of any part of the cost of acquiring new land or of any part of the cost of improving any main or general thoroughfare, and in such event, if the owners of sixty per cent. of the frontage or property to be assessed shall in writing acquiesce in any such change or modification, the board shall be bound to proceed with the plan as so modified."

SECTION 6. Section 1798 of said Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

"Section 1798. Contract, bids, bond. All improvements made under the provisions of Sections 1793 to 1813, inclusive, of this chapter shall be constructed under contract let to the lowest responsible and reliable bidder therefor after public advertisement by the supervisors for not less than ten days in some newspaper of general circulation, published in said city and county; provided, however, that such advertisement shall

Act 164. Street Improvements, Honolulu.

not be required in cases where the only material specified is such as does not admit of competition; but if the improvements to be made require any particular street or streets or part of any street to be paved with materials which will not admit of competition, the supervisors may nevertheless either advertise for bids and let the work as an entire contract, or, in their discretion, advertise for bids and make one or more contracts separately for the work upon the streets to be paved with materials which will admit of competition, and make a separate contract or contracts, without advertisement for bids, for the work (including foundation construction) upon streets to be paved with materials which will not admit of competition. No bid shall be considered unless accompanied by a certified check, or its equivalent, payable in and in favor of the city and county, for not less than ten per cent. of the amount bid; which check, or equivalent, shall be forfeited to the city and county unless the successful bidder shall sign the contract and furnish an approved bond within ten days after the contract is awarded. No bid in excess of the estimated cost shall be accepted by the supervisors without the written and acknowledged approval of the owners of at least sixty per cent. of the frontage or area to be assessed as the case may be; and the supervisors shall have the right to reject any and all bids and in such case to readvertise for tenders if they deem it advisable to do so; provided, always, that if the owners of sixty per cent. of the frontage or area to be assessed shall in writing, duly acknowledged, in any case request a readvertisement for bids, or the acceptance of any bid or bids covering the work, such request shall in each instance be binding upon the supervisors. But no contract shall be made until the assessment hereinafter provided shall have been finally made, nor without a bond to the city and county for the faithful performance of such contract in an amount not less than the contract price, with at least two sufficient sureties each of whom shall be worth not less than the full amount of the

Act 164. Street Improvements, Honolulu.

bond over and above all property exempt from execution, and who shall, upon the written demand of the supervisors or of any owner of property subject to assessment, be required to justify thereon on an examination under oath before a judge of the first circuit court. If upon such examination any surety shall be held insufficient, a new bond with sufficient sureties shall be filed by the successful bidder within five days thereafter, or the contract shall not be awarded and the deposit shall be forfeited. Upon the contract being signed and a sufficient bond furnished as aforesaid, the deposit made with the bid shall be returned to the contractor. Any other method of letting contracts shall be illegal and void."

SECTION 7. Section 1799 of said Revised Laws of Hawaii, 1915, is hereby amended to read as follows:

"Section 1799. Notice after improvement authorized. Be fore the letting of any contract as aforesaid, the supervisors shall cause a corrected map to be prepared by the city and county engineer similar to that required under Section 1794, showing in detail the proportionate amount per front foot if the assessment is to be made on such basis, or per square foot if the assessment is to be made according to area proposed to be assessed against the property in the benefited district or in the several sub-districts or zones thereof, if any, and a list of all known owners, lessees and occupants of the land fronting upon such highway or situate within the improvement district; and shall thereupon by advertisement in the same manner as that provided in said Section 1794, give notice of the total amount of the cost of the improvement based upon the bid of the lowest responsible and reliable bidder, the maximum share per front foot or per square foot, as the case may be, proposed to be charged to the benefited district or sub-districts or zones, if any, and that the corrected map may be seen and examined at the office of the city and county engineer during business hours at any time prior to the date fixed for hearing; such

notice shall also fix a date and place when a public hearing will be had and the supervisors will sit as a board of equalization to receive complaints or objections respecting the method of apportionment, or respecting the proposed several assessments, which date shall not be less than one week nor more than two weeks after the date of the first publication of the notice."

SECTION 8. Repeal. Sections 1773, 1774, 1775, 1776, 1777, 1778, 1779, 1780, 1781, 1782, 1783, 1784, 1785, 1786, 1787, 1788, 1789, 1790, 1791, and 1792 of the Revised Laws of Hawaii, 1915, are hereby repealed.

SECTION 9. Existing proceedings. Nothing in this Act contained shall operate to affect any proceedings begun and pending at the time of the passage of this Act.

SECTION 10. This Act shall take effect upon the date of its approval.

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

LUCIUS E. PINKHAM,

Governor of the Territory of Hawaii.

ACT 165

AN ACT

RELATING TO COMMUTATION OF PUNISHMENT.

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

SECTION 1. Every person who has been or may hereafter be convicted of any felony under any law of the Territory of Hawaii and is confined in execution of the judgment or sentence upon any such conviction in any prison or jail in the Territory for a term other than for life, whose record shows continued.