along King street westerly to Moanalua from the aforesaid junction northerly along Nuuanu street to the Pali. Also from the junction of Judd street with Nuuanu street along Judd street to Liliha street and along Liliha street to its junction with King. Also from the junction of Beretania. street with Nuuanu street along Beretania street to Punahou street, and along Punahou street to Manoa road and along Keeaumoku street from Beretania to King street. Also from the junction of Alakea street with King street, northerly along Alakea street to Beretania street, and southerly along Alakea street to the mauka side of the street along the water front and along Allen street to the Custom House.

SECTION 2. Except as herein otherwise provided, the rights and privileges mentioned in the foregoing section are granted to the said Wm. R. Austin and his associates and assigns upon such terms, conditions and restrictions as are now imposed or may hereafter be imposed by the laws of the Hawaiian Kingdom in relation to the matter of constructing and maintaining street railroads in the cities of said Kingdom, and a strict compliance on the part of said William R. Austin, his associates, assigns and successors. with all the provisions of such laws is hereby required.

SECTION 3. The Legislature of the Hawaiian Kingdom, or the Minister of the Interior when authorized thereto by the Legislature, may grant to one other corporation and no more the right to use,either of the aforesaid streets for a distance of seventeen hundred feet and no more, upon the following conditions: that each company, person or corporation using the said track jointly shall pay an equal portion for the construction and maintenance of the portion of the track so used jointly.

This Section shall apply to persons and companies as well as corporations.

SECTION 4. Whenever said William R. Austin, his asso

ciates, assigns or successors shall elect to operate said railways or either or any of them in whole or in part by the use of an endless wire rope or cable and stationery steam engines, it shall be lawful for him or them to make all needful and convenient trenches and excavations in any of such streets under which he or they propose to place such rope or cable; and to place in such trenches and excavations all needful and convenient machinery for operating said railways in the manner and by the means aforesaid, and to erect and maintain at convenient and suitable points along the line of the streets under which such wire cables are placed steam and other engines and boilers of ample and sufficient power and to connect the same with said wire cables. All such trenches and excavations shall be beneath the surface of the street, which surface shall be securely supported so as not to impair the use and enjoyment of said streets by the public. And the frame-work of all trenches in which wire cables are placed shall be constructed in a substantial and workmanlike man ner, and the slot or aperture opening into such trenches shall not exceed three-fourths of an inch in width.

SECTION 5. It shall not be lawful for said William R. Austin and his associates and assigns or successors to propel the cars over said railways or either thereof at a rate of speed exceeding eight miles an hour, and for each violation of this provision he or they shall be subject to a penalty of one hundred dollars, to be recovered in the Police Court of Hono lulu at the suit of the Attorney-General of the Kingdom to the use of the Government.

SECTION 6. Said William R. Austin, his associates and assigns or successors shall be required by the Minister of the Interior:

Firstly, to construct said railway in such manner as will cause the least obstruction to the free use of the streets in which it may be laid down.

Secondly, to construct said tracks as nearly as possible in the middle of the said streets, unless otherwise directed by the Minister of the Interior.

Thirdly, to pave or macadamize the entire length of the streets used by his or their track between the rails and between the tracks if there be more than one track laid, and to keep the same constantly in repair flush with the streets and with good crossings; such material shall be used in such paving, macadamizing or repairing as may be directed or permitted by the Minister of the Interior.

Fourthly, that said track shall not exceed in width sixty inches within the rails.

Fifthly, that in laying down the track not more than one block shall be obstructed at any one time nor for a longer period than fifteen working days.

Sixthly, that the cars must be of the most approved construction for comfort and convenience and safety of passengers.

Seventhly, that the work in constructing the said railway must be commenced within one year from the passage of this Act, and that the same must be completed within three years thereafter.

Eightly, the Minister of the Interior by and with the consent of the King in Privy Council, when the narrow ness of the street or road requires it, shall compel the Cor. poration to widen the street, or road at its own expense for obtaining sufficient room for the track, so that it shall not interfere with the ordinary use of the street or road.

SECTION 7. A failure on the part of the said William R. Austin, his associates and assigns or successors to comply with the provisions of this Act shall work a forfeiture of the right of way and of the franchise granted upon such streets as are not occupied by track at the expiration of three years.

SECTION 8. The right to grade, sewer, pave, macadamize

or otherwise improve, alter or repair the streets or highways is reserved to the Government and cannot be alienated or impaired, but such work shall be done in such manner as to obstruct the railroad as little as possible; and if required the grantees of the franchise must shift the rails so as to avoid the obstructions made.

SECTION 9. If said railroad or any agent or employee thereof shall demand or charge a greater sum of money for fare on the cars of such railroad than that fixed by this bill, said railroad or such agent or employee shall forfeit to the person who is thus overcharged the sum of one hundred dollars, to be recovered in a civil action in any court having jurisdiction thereof.

SECTION 10. Upon the trial of an action for any of the sums forfeited as provided in the foregoing section, proof that the person demanding or receiving the money as fare or for the sale of a ticket or check, was at the time of making the demand or receiving the money engaged in an office of the railroad or on a vehicle belonging to it, shall be prima facie evidence that such person was the agent, servant or employee of the corporation to receive the money and give the ticket or check mentioned.

SECTION 11. Said William R. Austin, his associates and assigns or successors shall pay in annual payments to the Department of the Interior the sum of ten dollars per annum as a license tax upon each passenger car used by him or them, and no greater sum shall be exacted as car license.

SECTION 12. The rates of fare for each passenger upon the said railroad shall not exceed five cents for each passenger using said cars up to and within Judd Street, the Industrial School and to and within Punahou Street, and ten cents for each passenger using said cars beyond the last mentioned points.

SECTION 13. The rails of said railroad shall be so laid and

amended. Page 48. Law 1888

the track so constructed that the same shall not interfere or prevent any other railroad company hereafter formed from crossing the roads herein mentioned at any point.

At the expiration of the franchise herein granted it shall be the privilege of the Government to purchase from the owners the tracks, cars, stock and fixtures of said owners at a price. to be fixed by arbitrators and an umpire if need be.

Approved this 29th day of August, A. D. 1884.

KALAKAUA, REX.

CHAPTER Xxxv.

AN ACT

TO REGULATE PROCEEDNGS IN BANKRUPTCY IN THE HAWAIIAN
ISLANDS.

Be it Enacted by the King and the Legislative Assembly of the Hawaiian Islands, in the Legislature of the Kingdom assembled:

SECTION 1. Every person owing debts to the amount of five hundred dollars who shall refuse or fail to make payment of any of his just demands for ten days after the same shall mature, or who shall depart the Kingdom with the intent to hinder, delay or defraud his creditors, or who shall secrete himself, or keep his house to hinder, delay, defraud or avoid his creditors, or to hinder or delay the service of legal process for the collection of any debts or who shall make any fraudulent or secret conveyance of his property to any person or persons, or make any secret removal or other disposition of his property for the purpose of hindering, delaying or defrauding his creditors, may, upon the petition to any Justice of the Supreme Court by any creditor to the amount of two hundred and fifty dollars, be declared bankrupt.