Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-04-21
THE POSSESSION OF LAND
Probable Change in the Law in
Actions for Recovery.
Text Of The Bill Passed by Both Houses
Which Makes Only Ten Years Undis.
puted Possession a Good Title.

Following is the report of the
Senate Judiciary Committee on
the bill relating to the limitation
of time within which actions NAV
be brought to recover possession
of land:
Under the existing law, the
time in which actions of this kind
can be brought is twenty years;
the law under consideration re-
duces the time to ten years. The
Act goes into effect on the first
day of January, 1899, but any per.
son having a claim to land and
wishing to commence an action to
recover the same for the purpose
of making an entry and obtain
poss session thereof, has until the
first day of January 1900, 10
which to commence and prosecute
such action, that is the limit ttion
of twenty years to persons who
have the right or claim to the
ownership or possession of land
at the time this Act goes into
effect, will have one year 10 which
to bring their action; if they do
not do so within that time, the
law now sought to be enacted will
govern.
"In California and most of the
Western States, if not in all of
them, the Statute of Limitations
is confined to six years, and if
your COMMITTEE is informed cor
rectiy, say that there is hardly
State in the Union that now has
statute limiting the commence
ment of actions for the recovery
OF land to twenty years. 1t is
well known fact that within the
past few years number of suits
In ejectment have been commenced
to recover possession of land, Just
before the expiration of The TWEEN
ty years adverse possession, aud
when no witnesses have been OBJ
taiuable in the District or Circuit
in which the land is situated to
disprove the question of pedigree,
MS all the kamasinas or residents
were either dead or had left the
District, and no evidence other
than the declarations of the plain
tiff, as to pedigree, and what was
to d by his family to
him, WAS what was sub
mitted, and under the circum-
stances, the basis of the jury's
finding, and if a foreigner or
sugar planter is the defendant, as
they generally are in ma ters of
this kind, they have little chance
on questions of pedigree or heir
ship in such cases before a jury.
This Committee think that the
Bill is a good one and will in
manner settle or Lessen the pos
sb'Iities Of losing land upon
trumped up pedigI ees, and there
fore recommend that it pass"
As ths Bill is a most i'm portant
one, which has now passed borh
Houses and was t. be- pres nred to
the President today, the full text
of the sections of the Act of 1870,
as proposed to be amended. is
here given:
Section 1. No person shall
commence an action to recover
possession Of any lands, or make
any eutry thereon, uuless within
ten years after the right TO bring
such action first accrued"
''Sectiou 2. 1 such right first
accrued to any ancretor or pre-.
decessor of the p rson bringing
such action, or making such en-
try, or to any persons from, by or
under whom he claims, the said
ten years shall be computed from
the time when the right first ac-
crued to such ancestor, predeces-
sor or other pr.
"Section 4. If, when such ri hit
of entry or of action shall fist
accrue rs aforesaid, the person
entitled to such entry or action
shall be within the age Of twenty
years, or insane, or impr soned.
such person, or anyone claiming
from, by or uud-r him, may make
the entry or bring tue action at
any time within i've Yeas after
such disability shall be removed,
Notwithstanding the ten years be-
fore limited in that behalf, shall
have expired"