In re the Appeal of Koki

Citations

• 25 Haw. 406
• 1920 Haw. LEXIS 51

Syllabus

<p>Territories — limitation on legislative power.</p> <p>An appropriation of money by the legislature to pay to a defaulting homesteader any sum in excess of the value of his improvements as legally ascertained would -amount to a gift or gratuity and is void.</p> <p>Payment — fund from which payment is made not material.</p> <p>A payment by the Territory to one for whose benefit the legislature has made an appropriation, although not paid out of the fund contemplated by the appropriating act, will nevertheless be applied as a credit upon the amount appropriated when it appears that the payment was made on account of the claim for which the appropriation was made.</p>