The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-04-01


the hospital was established, alcohol
and spirits for the use of the institu-
ton have been Withdrawn from the
Custom House duty free, and the ques-
ton has never arisen under what legal
authority such concession existed.
Withdrawal of alcohol for the
Queens Hospital is made under oath,
by the secretary, as above, that same
is for use of Queens Hospital
The Bernice Pauahi Bishop Museum,
desiring TO acquire a new privilege,
were compelled to solicit the passage
of an act to authorize use of such pri-
yilege.
In answer to questions propounded
by Rep. Achi regarding number and
pay of postmasters on the Islands, the
Minister of Finance answered in sub
stance, as follows:
Tota4 postmasters on Hawaii, 80; to-
tai on Maui, %; total on Kauai, 10;
total on Oahu, "A; total ON Molokai, 8,
Lanai has one postmaster. Total pay
per month for Hawaii, $560S3; total
pay for Maui, S40O; total pay for Kauai,
$235; total pay for Oahu, 81, 1888; total
pay for Molokai $50. Lanai's post
master receives So per month.
Rep. Gear reported for the Sanitary
Committee to whom was referred
House Bill "a to provide against the
adulteration of food and drugs, recon-
mending passage with slight amend
ments.
Rep. Robertson reported for the Jul
dietary Committee to whom was re
ferred House Bill 40, relating to the
limitation of time in which to COM
mence actions to recover land. The re-
port is interesting from historical
point of view as well as from a point
of view of law and is given in full as
follows:
THE object of the bill is to reduce
the time within which to commence
such actions from twenty years, as the
present law provides TO ten years, with
view to improving the condition of
land titles in this country.
when Kamehameha HI authorized
the division of the lands among the
chiefs and people, the large majority
of applicants for titles were Hawaiians
and it was to them that the ownership
of the greater part of the land was
confined.
"a great many of these titles have
become clouded and uncertain by rea-
son of the deaths of former owners
whose estates have never been probat-
ed in court, so that the ownership
of the lands cannot be determined by
any matter of record, but only from
such ex parte statements as may be
obtainable from persons acquainted
with the land and the former occu-
pants.
THE records of the Registry Office
cannot disclose with certainty the own
ership of any piece of land because the
ownership, or paper title as SO dis
closed, is subject to, and liable to be
defeated by, claims of persons in pos
session, or who have had possession.
ION the other hand, under the pres
ent law, it is only after twenty years
of continuous adverse possession that
the purchasers of many such titles can
be sure of their ownership. This long
term of required possession affords
many opportunities for fraud which
your committee believe are frequently
taken advantage of, and sometimes
fraudulent claims are asserted success
fully, as it is exceedingly difficult to
obtain evidence to controyert testi-
mony as to relationships and family
histories for twenty years back.
Should this bill pass, the period Of
adverse possession will be reduced
to ten years and the result will be tha-
claim of title based upon extrinsiC
evidence, is set up, it will be far more
easy to obtain testimony bearing upor
the question of possession, pedigree
/ and other matters relating to the vail
dity of the claim and thereby render
it less difficult to expose fraud ant
discover mistake. Land titles would
be rendered more valuable because les
liable to attack.
The necessities of progressing ant
, developing community demand more
security in the matter of land title!
than We now enjoy, and it is proper
to require of land owners a reasonable
amount of vigilance in the care anC
supervision of their lands, and it il
but right TO furnish the careless TO
sleeping on, instead of asserting theiI
rights when their inaction is detri
mental to the community at large.
I'VE believe that the passage o
, the bill will have far reaching effec
in the quieting of distributing title
and will thus cause marked improve
ment in land matters. We therefor
recommend that the bill pass"
Rep. Isenberg presented the follow
ing resolution: BE it resolved tina
the Minister of Interior send the Super
intendent of Public Works to Kaua
as soon as possible to find out tn
damages done to the bridges of Kauai
The Laval and Hanapepe bridges hav
been washed away and the Waime
! bridge is in great danger. Traffic ha
been entirely stopped on Kauai" Res
= olution referred to the Committee o.
l. Public Lands.
House took recess at u m.
AFTERNOON SESSION.
= Senate Bill IS, relating to pound:
estrays, brands and marks brought u
: for consideration and passed first reat