The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-07-08

NK- En-roz- raErs. tlS- business en-
rSrsnsn.S Yesterday sAo1l1 have DE-
.l-ive5 ne q ths great benefit might
hzvs derived by listening 70 the discus
sso- On 5 rrozio1 - reconsider o,l rsl2-
i've 70 Mortgage Foreclosures IL seems
ms. might have heard she Honorable
I. r LEezS hint ms; ! have been guilty
q DARK SnS un6s-as11ed E-ocsedE1Ss,
sn6 nigh. have learned IRON Ehs Honor
shls E c. MzczSrlzne that ! have been
cuil7v q unp-oissssu1si coli1c1- czn
hsvs 10 Go1os thSs the ho1c-2bls gentle
men. while thsv were saving these
things. culso,ed themselves with shs rs-
Sac.ior thSi = they shall nos Dc held 10
answer to- any speech o. debate Us1e
II the LEGISLATURE II xny Co-.-s ~ plxcs
whatsoever So Article 81 q me Cor
SsSsu-iou1. PERHAPS these gentlemen
EI.l pardon me- + l now have NV say,
sl.ho1Sa thsy might hSve heard !. fully
hS6 thew chosen - S.-eo6 Ihs meeting q
he Juisc5zrT Con nI.ses upo1 this bill
When Il frs became necessary 10y
ne 70 fo-scloss 5 mortgage II this
co1u.rr. Of co1rse carefully examined
ne statute which seemed 70 ne s lite
bind. Win NJ. Hatch, then nv part
n5-. the method q foreclosure which !
-ow tolloE. Exs liked upo1: IS comply
i1z with the statute &1d fully earring
on shs zeoe-sl lsw regarding forsclOs-
u-as. which requires th2- everything
sAAll Be done - protect the rights and
Interests oi the land owner o. mort
Ezroz- Under or statute, notice Il
intention 70 fo-ecloss usy Dc given Eith
ID reference 81 81 20 the lands 10 be
sod: sid then ; nol5cs q ssle 6sserio-
Ing 1tse lz1d might De pasted tOZ 5 dSy o.
EEo. and o. sSle, because q the shoEs
notice. the land sli ns sacrificed ye-y
easily. and ", the sale Dc Ssrsctly legal.
We fssz tins such could los Dc the IN
se11 q the lSE 2nd 30 prepared the
notice q intention - to<eclose and sell.
which mss been uniformly used BY NE
ever si1ce- I clzln thai i i the only
Esv oy which the rights u the MOTT
EzSr szn Dc protected 81 once simply.
clearly Snd 81 The leSSt expense 70 him,
tor TIE D1r1zSZo- uSSrs the coSz Of fore-
closure Tie affidavit O. foreclosure
ms Dc made S1d fled by the
nostEzSae within . certain tine.
I have caused then 70 De prepared
bE Ehs person who Sc-e3 tor the nOEtgs-
gee, who only co1l6 swear 70 the facts
q his personal knowledge. Tne method
this p1rs1e6 oy ne h&s resulted In Sl
pass be ssivzl1zze e the land oEreEs
sid ms been attended With the IeSss
possible expense 70 them Some Of the
SEvars here, however, thought differ
emily and have p1rs-ed 5 different
method, which : DCre expensive and
Dore cumbersome, S1d moEe Liable TO
omission S16 eguE. Recently : do1b.
hSs been raised - 70 tile Of purchasers
1ndr nv method d foreclosure, On the
Zr111d thz= !. did nos comply with the
statute O course this E&s : YsEy serious
Uz1-sr, - sVe-Tols L naturally very
sESlLTs 3 70 the tile TO MS property
! 1hz-sk1Ee talked !. over WITH Judge
Preston. EnO. EhIie he thought my sys-
tan VS. pc'ods1ly ooErecz, recognized The
dzzEzr a uncertainty - 10 title, and SIG
gsS-ei : szz-C.E declaration u the intent
Of tie lz~ and 70 rs1lfy and eoa6rm al
E1-scl3s1rss. e-e- I glanced s5 his Act
q 1876 rs-s.IFs ID Probate Courts and
drew TIE statute introduced By Lr.
Bag1EIu IN TINS session Gscizrzriye % the
D1so, q the Ac1 u 1874
CURIOSITY eoouEh, Just after had pre-
pared ths al, @ Subsequent 70 is intro
d1ez591, . case zruss II the Supreme
C.7Et involving the very point covered
By tEs s1zr1te- appeared for the de-
.ao5zn5 II support q my own method Of
;orsclosus, and gained the case before
M justice Bsckasoa- l. Vas appealed
10 the fzI Court, and the Honorable Mr..
Loezs and the H01orzols lir. Mzc<zr-
zns I'll, bOpe, pzrdo1 ne 4 observe
lhz- ssTarz days heS0re they chase 20
-npCE NJ professional character and
s11duez bes0re the Lexislzture, the Court
4 BznG0 unanimously sustained and
Ehe i13guens q Mr.. Justice
5leks-tol and thereby declared NV
D=1hOd q f0Esclos1rs 70 be legal. Sill. |
tr1sz that the Legislature vii pass and /
rs Majesty sign the bill, f0r to- grezs
cznnot be thrown around real /
asssz-s titles II this q any otdsr coGatrT.
". B. Castle
Hoool1lz, July l, 1880.