Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-02-01
PROTECT HOMtSTElDS.
JUDGE WEAVER TALKS
BEFORE RESEARCH CLUB
EXEMPTION FROM FORCED SALE
AND BILL TO ACCOMPLISH
THIS REsULT--NEEDED
LEGISLATION.

Judge Philip l.. Weaver Of the
Torens Land Court last evening ad-
dressed the Research Club on Needed
Legislation to Exempt the Family
Homestead From Forced Sale and q
Proposed Bill to Accomplish the Re-
suit"
His remarks included the following:
Coming to our own statutes OF Ha-
wall. we find that the Civil Code OF
1859. under which we are governed 10
this day. had no exemption Of real
property as IL was enacted. Section
1895, referred to housekeeper having
a family, and exempted furniture Of
the household.
In 1876, this was amended by adding
an exemption OF homestead of half
an acre where family produce is culti-
waited and a "houselot not to exceed
one quarter OF an acre and the dwell
ing house and other buildings thereon
situated, provided. the value thereof
does not exceed two hundred and fifty
dollars" The exemption does not ap-
ply to laborers and mechanics liens
for building the house.
| In 1901, Act 9, was more elaborate
law than the old one exempting per-
sonal effects Of the family from forced
sale. This repeats the part of the old
statute referring to the household fur
niture, etc. by general reference only.
la all probability court would hold
that the remaining portion Just refer
red to is still in force. But what 0
lame statute II is to rely on.
Would the citizens and householders
OF this Territory be content with such
on absurd exemption IL their attention
Is called to It? What householder
among us does not wish TO have the
protection Of the law of homestead ex-
emptions for a greater sum than $3.50
The law was made years ago. but now
We are no longer living in grass huts,
worth less than $3.50. we at leaGt want
the shelter OF a home that Is suited
to the station In life Of an industrious
American. and to have our families
protected to that extent.
It seems to me that II is not too
much to ask to require protection for
the home to the extent OF at least $4,000
This would give a home that would
be worth $50 n month as rental, n sum
(which Is modest enough for any fam
lily
To carry out the idea of homestead
exemption the various States have leg
islated with various degrees of detail.
I The Hawaiian statutes is the most
meagre of any I have seen.
To carry out the purpose Of home
stead exemption completely and at the
same time to prevent people from i'm
posing on their creditors has been the
object Of such legislation.
A bill should contain provision al
lowing a person to declare homestead
on any interest in land, even posses
sion under claim of title. ~ mat Iue
fullest protection be given.
The head OF family should be care
fully defined TO include others than the
husband when he Is dead.
Full power should be granted Tor
mortgaging the homestead with the
consent of both husband anI wife. for
mortgaging without restraint before a
Homestead Is expressed declared. This
latter precaution frees the lender f!orn
an onerous duty of knowing whether
house is a homestead before he knows
the form of the mortgage to require.
Full protection should be given by
I.l-