The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-06-13

one, and that those who are SHOWING
opposition are simply being worked
upon by the would-be political leaders
have spoken OF. People will come
around TO the law. AS understand
il the main objection to the law Is the
thumb mark. According 70 the pro-
visions the Minister of the Interior has
nerfect right to remove that objection
If he so sees fit.
Rem. Rycroft - The people who
brought forward the bill in the first
Mace are against 1t now. 1t was put IN
ON the Mechanics Union and the people
whom they seated in the Legislature.
II was meant for their protection. IL
thew don't want it now, neither do l.
Speaker Naone decided at this point
that there was nothing before the
House and read as a support TO his
Dosition. the Joint resolution forbid
ding introduction of bills after April
Goth. 1896, unless by the Executive or
through one of the committees.
Under suspension of rules Minister
Cooper presented the following mes
sage from the President:
To the Legislature of the Republic Of
Hawaii:
herewith OiAl w. W
being an Act entitled An Act providing
for the recording of final Judgments
and DEGREES affecting titles to land re-
ceiyed by me from the Joint Committee
of the Legislature June 6, 1896, for your
recommendation.
THE following are my objections to
the bill:
''The word affecting in the first line
4 lC fnn indoAnffn and n
eral in its meaning for the use to which
it is put With this word it will some
times be difficult to say exactly what
judgments should and what should not
be recorded.
"A Judgment for a defendant in an
ejectment suit may be said to affect the
title to the land in dispute, although
IT does not change the status it was in
before suit was brought, inasmuch as
il may remove cloud on the title, and
at any rate removes whatever pref
udice may have been caused to the title
OF the suit. A decree of heirship some
times affects the title to land, yet it
may be a question under the statute
whether such a decree should or should
not be recorded. So also with a decree
appointing an administrator under
contested application.
These are but illustrations repre-
senting considerable number of cases
in which although the title to land may
not be the matter in issue, yet it may
be directly or indirectly affected by
the Judgment or decree.
No provision is made. for the eX
pense of registration. No limit of time
is named within which the party On
terested in the registration of the judg-
ment may be safe from being forestall-
ed by subsequent purchaser who shall
first procure the registry of his convey
ance, the words subsequent purchaser
in the Act being evidently intended to
apply. to a purchaser from a party in
possession pending litigation.
1.-THE provision as it stands would be
an encouragement to a defeated party
having possession pending litigation to
attempt to neutralize the judgment or
decree, by arranging for third party
ignorant of the proceedings to take a
conveyance and Immediately record the
same upon the filing of the judgment
or decree, thus forestalling the registry
of the judgment or decree and depriv
ing the successful party of the benefits
of the litigation"
SANFORD B. DOLE.
Executive Chamber, June IL, 1896.
At IL: so a. m House took recess to
1870 p. N.
At II m caucus was called.