The Hawaiian gazette., 1905-02-03
AN IMPROVED HOMESTEAD
EXEMPTION IN HAWAII


Needed legislation exempt the family homestead
sale and proposed bill to accomplish the result"
There subject of legislation private
Next getting home for his family
title is the ability keep it, through the changes in his financial
standing and the misfortunes that all of The writers
the theory of the which the practical politician should
practice theories him WISE make
the family the interest of the State Following this
many Of the United States have thrown around
the family homestead the protecting of the against
claims of creditors, other than classes
SUCH
The constitutions sixteen provisions concerning
homestead exemptions At least states have enacted legislation
exempt homestead Other may so
have been able ascertain the facts
The methods adopted Some exempt
without declaration by the householder Some require
declaration of homestead be recorded the
public may be informed of the claim
Some states exempt from 80 to 100 of country land
city with without limit the value of homestead
exemption allowed Some states city lots with
out limit but with limit of value.
the homestead continues exempt after
of the head of family and until the youngest child majority
provided the premises occupied
submit you detailed list of of
far have ascertained them
These vary from exemption only Indiana
$500 Michigan $1,000 Virginia $1,000 Texas California
and Idaho
Coming of Hawaii find Civil
Code of 1852 under which this day. had
exemption of real property enacted Section 1885, referred
housekeeper having family and exempted furniture of the
household.
In 1876 this amended by adding exemption
stead of half where family produce is cultivated and
houseo quarter of the dwelling
and other buildings thereon situated provided the value there
of does exceed hundred and fifty dollars The exemption
does apply aboers and mechanics liens for building the
house
! In 1901, Act elaborate law than the old one
exempng personal effects of the family from forced This
repeats the of the old referring the household fur
nture by general reference only In all probability
would hold that the remaining portion referred to is still in
force But what it o rely
Would the citizens and househoders of this Territory be
tent with such absurd exemption their attention called to
What householder among us does not wish to have the pro-
lection the of homestead greater than
$3.50 The law made but longer iv
ing grass u worth less than $3.50 at least want the shelter
of home that suited the station life of industrious Amer
ican and to have families protected to that extent
1t that it much to ask to require pro-
lection for the home the OF least $4,000 This would
give home that would be worth $50 month rental
which is modest enough for any family.
To the idea of homestead exemption the various
States have legaed with degrees of detail The Hawaiian
statutes is the most meagre of any have
To carry purpose of homestead exemption completely
and the time people from imposing their
creditors has been the object of such legislation.
bill should provision allowing person declare
homestead any interest land possession under claim
of title, so that the fullest protection be given.
i The head of family should be carefully defined include
others than the husband when he is dead.
Full power should be granted for morgaging the homestead
with the OF both husband and WIFE for without
before homestead declared This latter
caution frees the lender from duty of knowing whether
house homestead before he knows the
. to require
Full protection should be given by parties performing
labor furnishing materials to the home.
The should be the parties abandon
stead by declaration but also the should
sion whereby having abandoned the homestead
thereafter claim the protection against creditor
the property is being used only for profit
dhe declaring the homestead should be required to
record oath that the property is worth less than
the exemption that he using the premises homestead and
description of the sufficiently certain identify them
In addition to these projections the creditors should be
tected by detailed procedure for subcng that