The Hawaiian gazette., 1907-04-02

Co. To regulate ana prescribe III
ordinance within the limits of ~
County all local police. sanitary ans
4. other regulations not IN conflict will
the general laws ~ the Territory, o.
the rules and regulations of the Terri
torial Hoard OF Health. and to nx
penalty for the violation thereof, which
said penalty may be by fne not TO ex.
coed $500. together with the costs OF
court. and In the event OF default OF
payment OF such fine or costa or court
that the offender shall be Imprisoned
until such fine or costs shall have been
discharged by operation of the general
law In such cases." and that the bill
as amended do pass.
He also reported as follows on House
Bill 1871:
House Bill No. 1877. entitled AN Act
to amend Chapter 15i OF the Revised
Laws OF Hawaii, by adding thereto a
new section TO be known as Section
1855 A. and amending Section 1866 OF
said Revised Laws"
The bill amends the law relating to
the acknowledgment of instruments
and provides a form OF acknowledge
ment OF Instruments executed by Off
GERS Of corporations or joint stock as
sociations.
Paragraph 2 OF Section 1866 A as set
forth In the bill reads:
I'm case the corporation or associa-
! tion has no corporate seal, the words
J and that the seal affixed to said In
strument Is the coporate seal of said
corporation may be omitted. and the
words and that said corporation has
no corporate seal can be added at the
end of said certificate"
We recommend that the bill under
consideration be amended by striking
out this last paragraph of Section !,
for we believe that every corporation
or Joint stock association should have
an official seal. 1t Is claimed that the
| existing statutes do not expressly re-
quire that corporations ana joint stock
companies should have corporate seals,
but we believe that II there is no such
expressed requirement every such cor
poration or joint stock company should
have one.
Sectionn 2 of the bill recites the
sections of the statutes which must be
followed in order to entitle an instru-
ment to be recorded.
With the amendments above sug-
gested we recommend the passage of
the bill.
The report was adopted.
The report on House Bill No. 104 was
tabled to be considered with the bill.
1t reads as follows:
House Bill No. 1O4, entitled IAN Act
relating to foreclosure of mortgages,
amending Section 2161 of the Revised
Laws"
Section 2161 provides that notice OF
| intention of foreclosure of . mortgage
under power of. sale contained In the
mortgage shall be published in the Ha-
waiian and English languages for a
period of three successive weeks and
the amendment is that such publica-
ton shall be "once in each of three
successive weeks, the first publication
to be not less than twenty-one days
before the day of sale"
We approve of the amendment, but
as only a portion of the section is set
forth in the bin, we recommend that
Section l of the bill be amended so as
| to read
Section l. Section 2161 of the Re.
vised Laws is hereby amended to read
as follows:
Section 216l. Notice of Foreclosures
sale Is contained in a mortgage, the
mortgagee, or any person having his
estate therein, or authorized by such
power to act in the premises, may,
upon Il breach of the condition, give
notice of his intention to foreclose such
mortgage, by publication or such no,
t ce in the Hawaiian and English Ian
guages once in each of three successive
weeks. the first publication to be not
less than twenty-one days before the
day of sale, in a newspaper published
either in the county in which the mort,
gagged property lies or in Honolulu and
having a circulation in such county;
and also give such notice and do all
such acts as are authorized or required
by the power contained In the mort
gage; and he shall within thirty days
after selling the property in pursuance
of the power, file a copy of the nos
tice of sale and his affidavit setting
forth his acts in the premises fully ard
particularly in the office of the regis,
trar of conveyances, in Honolulu. The
affidavit and copy of the notice shall be
recorded by the registrar with a notice
of reference thereto in the margin OF
tHe itNoiu u lHt utcu IL
corded in his office.
senator Smith reported on House
Bill No. 102 as follows: House Bill No.
l02, entitled AN Act relating to juries,
amending Sections 1879, 1880, 1882 and
17S2A of the Revised Laws as amended
by Act "A of the Laws of 1906"
The sections referred to are under
the head of juries and trial by jury and
relate to the drawing of jurors for the
grand jury and trial jury. These sec
tions We're amended by Act "A of the
Laws of 1905, and the present bill again
amends the sections so as to remove
: certain defects and better adapt the
provision of the law to the desired end
These amendments appear to the COM
} mlttee to be proper and we favor then
= but recommend an amendment to Sec
I ton as hereinafter set forth
!, The sections amended are Sections
1919, 1880, 1882 and 17s2A as amended b,
Act "A of the Laws of 1905, TIL,
amendments of 1905 set forth tn,
amended sections in full; and in tn,
bill under consideration the amended
sections are set forth in full with tn,
exception of 1779 We believe tha
Ex1EBzz