The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-11-19

session without record title, claiming
to own the premises.
The preliminary certificate merely
proves the fact of adverse possession
from the date of the certificate, which
would ripen into registerable title,
after the lapse of sufficient period of
years. In this Territory now, it would
require ten years before the certificate
only could be used to secure a regis
tered title. This does not prevent title
being proved by previous possession in
addition thereto, as is done today. 1t is
an admirable method of preserving evi-
dence. We believe that this is a very
valuable addition to the law, if to be
introduced here.
Therefore, we recommend that a
statute for registering land titles be
passed for this Territory, that the stat
ute of Massachusetts be made model
in adapting the system to the needs of
this Territory. with the addition of the
possessory title certificate, as found in
the Province of Ontario.
we believe that the present machin-
cry of registerMg conveyances, acting
with the clerks of the circuit courts, as
deputy registrars, and using their
vaults for keeping certificates of title,
after it's adjudication in Honolulu,
could be USED in working this new sys-
tenn with small cost to the Territory.
We, further, recommend that this
system be adopted at present mainly
i've years, preferably ten, but that it
be made in part compulsory from the
enforcement of the act.
-
land titles be made compulsory upon
all corporations organized after the act
goes into force, as a condition of their
ownership. That all executors, or adj
mlnistrators with the will annexed,
holding office when the act goes into
force be compelled to register their
titles before they are discharged. on
pain Of having all property distributed
TO the heirs at law.
We further urge that all admins
traitors be authorized to have the title
to the real estate registered in the
names of the heirs, and that they be
compelled to do so upon an order of the
Probate Court having jurisdiction.
We believe that these provisions will
gradually bring the lands of the Terri
tory under the act without producing
great thrush of business at any one
time. Tt will test the act and prove
its efficiency in the Territory, and thus
encourage voluntary registrations.
Thus the difficulty of timidity of own
ers, found in the first Massachusetts
act, will be avoided.
We have not deemed it necessary,
nor properly within the powers of this
committee. to prepare the text of a bill,
but rather to recommend that the
Massachusetts acts be followed with
necessary adaptations, as the statute
which has withstood the test of attacks
in all the courts.
We would recommend that this club
pass resolution favoring the act, and
memorialiZe the Governor to recon-
mend the passage of such an act to the
Legislature.
Respectfully submitted,
(Signed) P. L. WEAVER, Chairman.
(Signed) F. j. LOWREY.
(SigneO CHAS. H. MERRIAM.
(Signed WALTER E. WALL.
(Signed) GEO. B. MCCLELLAN.
There was a general discussion OF
the report of the committee, which
ended, however, in call upon the
chairman, p. L. Weaver, for an ex-
PLANTATION of the points still not under
stood. Mr.. Weaver, in response to a
question, stated that the Massachusetts
law had been upheld by the supreme
! court of the state, and that the Unitel
States Supreme Court refused to in
terfere. He explained also the work
ings of the new law, deed still being
required, but the transfer could be
ascertained on the registrars books
without trouble. He thought the in
stallation of the system would not cost
more than $4,000 (the cost in Massa-
chusetts) and that the fees would cas-
lily pay for its operation.
Resolutions were adopted providing
for a committee to draft memorial
to Governor Dole praying that he rec
ommend the Torrens law to the legis-
lature for adoption in the Territory
1t was voted also that the assistance
of the Bar Association, Chamber at
{
should be asked to secure the adoption
of the system. The committee did moi
deem it advisable to draft a law as
needed until it became known what
system of government would be adopt
ed in the future, and the Republican
county committee will be asked for as
sistance in order to adapt the lanj
laws to the county system.
The report of the committee was
unanimously adopted. The following
names were proposed for membership:
F. w. Milverton, Frank Andrade
Whitney. H. E. Brown, w. E. Skinner
and Mcdonald.
p. M. Pond was reelected president
and w. A. Bryan secretary and treas
urer. A vote of thanks was extendea
to Mr. Atherton for the generous hos
pitality.
Hopetoun Now Marquis
Lord Hopetoun, who passed through
-, -o,,,o 1-aol-S 400 after rRliu-