The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-04-11
BILL
IN SENATE
Continued from Page One.)


| the special separate property Of either
is termed community proprty, Wnlcl
| in law is regarded as owned by then
Jointly. On a sale of real estate a VIII
does not release dover, for she ha
none; but she is a necessary part!
grantor to convey her own commun1t!
interest in the property.
For these reasons, if husband "or wifi
have neglected during their lifetime t.
file a homestead upon any land, ther
upon the death of the husband the
| wife still has a foremost right to nave
part of the community property sci
apart for her, for her interest in it Is
not applicable to creditors claims and
they could not have extended credit
to the husband on account of it; and
| the court accordingly is authorized to
set apart property for such home
stead, with like effect as though it had
been done by the decedent before
death.
Though the bill includes a. surviving
husband as well as a widow and chill
dren, it is manifestly more for the
benefit of the widow and children. In
substitute for the community inter
law. She should not have both.
Your committee therefore recon-
mends amendment of the bill to ex-
clude from it the homestead provt-
sion, and permit, instead, a temper
airy right of residence pending admin
istration; and, accordingly, that Sec
ton 1 of the bill be amended to read
as follows:
Section 1. That Chapter 122, Title
XVII, Revised Laws of Hawaii, be
amended by adding thereto, at the end
thereof, new and additional section
to be numbered Section 1S57A, which
said Section 1874 shall read as fol-
lows:
Section 1S57A. Pending the admin
istration of the estate of a deceased
person, provision may be made for the
maintenance and support of the FAM
lily of such deceased person, as fol-
lows:
First. When a person dies leaving
a husband, widor or minor child or
children, the husband, widow or child
or children, until letters are granted
and the inventory is returned, are en-
titled to remain in possession of the
family residence, if the same shall
have been the property of the decd
ent, and are also entitled to a reason
able provision for their support, to be
allowed by the Circuit Court, or
judge thereof, having Jurisdiction of
the matter of such estate.
Second. Upon the return of the in
ventory, or at any subsequent time,
during the administration, the court or
judge thereof, may, on it's, or his, own
motion, or on petition therefor, set
apart as the absolute property and
for the use of the surviving husband
or wife, or in case of his or her death,
to the minor child or children of the
deceased, all of the wearing apparel
of the deceased, all Of the household
furniture: and all the property exempt
from execution. And the court or
judge may also make such further
provision out of the property of the
estate for the support and .mainte-
nance of the husband or widow and
children, and also, in it's or his discre-
ton, extend the time of such residence,
for such further time, not exceeding,
in either case, one year from the date
CT the death of the decedent, as it or
he shall deem equitable to all parties
in interest.
Third Any allowance made by the |
court or judge, in accordance with the
provisions of this section, must be paid
in preference to all other charges and |
claims against the estate, except fun |
eral charges and expenses of admin |
istration, and any such allowance /
whenever made, may in the discretion /
of the court or judge. be made to re-
late back to and take effect from the
death of the decedent.
apart to the use of the family, in ac-
cordance with the provisions of this
section, if the decedent left a widow or
surviving husband, and no minor child
Or children, such property is the prop
erty of the widow or surviving hus-
oand IF the decedent left also a minor
child or children, the one-half of such
property shall belong to the widow or
husband, and the remainder
% the child or in equal shares to the
if there be more than one. |
If there be no widow or surviving hus-
band, the whole belongs to the minor
;hild or children
From the judiciary committee he re-
ported as follows on Senate Bill No.
50:
Hon. E. F. Bishop, President of the
Senate.
Sir: The Special County committee
has had under consideration Senate
Bill No. 80, entitled AN Act to create
he office of County Surveyor for
Counties in the Territory of Hawaii,
md to fix their duties and compensa-
ion," and recommends that the bill
De laid upon the table.
There are some features of the bill
which would seem to be desirable, but
We believe that it would be premature
o attempt now to carry OUT the some
What elaborate provisions of the bill.
The object is not only to have a sur
-eyor who could do work for the
3oard of Supervisors but to make sur
'eys ordered by the court and upon
-pplIcation of citizens. The bill also
provides for preserving copies of all
maps and surveys with books of rec
nd and notes and data with COPIES. |
'lats or tracings of all maps filed in
he office of the County Recorder, and
hat all such documents and records
hall be open to inspection by all per- /
ons. t
1t may be at later time when Coun-
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