The Hawaiian gazette., 1907-04-12

NHNTHHNH
Your committee therefore recon
N mends amendment ~ the bill 60 ~
ciuae from It tho homestead pruvi
sion, and permit. instead. a temper
airy right Of residence pcndlng admin
Istration. and. accordingly, that Ser
tlon 1 OF the bill be amended 10 rcat
~ Follows
Section !. That chapter Ifa. Titi'
XVII, Revised Laws OF Hawaii. b.
amended BY adding thereto. at the enc
thereof. a new and additional sectior
TO be numbered Section is5TA. which
said Section 1874 shall read M fol.
lows:
Section 1874. Pending the admin
istration Of the estate OF 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, II the same shall
have been the property OF the deced-
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 its, 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 its 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 decedeDt. as IL 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.
Fourth. When property is set
apart to the use OF the family, IN ac-
cordance with the provisions of this
section, IL the decedent left widow or
surviving husband, and no minor child
or children, such property is the prop
erty OF the widow or surviving hus-
band. II the decedent left also a minor
child or children. the one-half Of such
property shall belong TO the widow or
surviving husband, and the remainder
to the child or in equal shares TO the
children, If there be more than one.
II there be no widow or surviving hus-
band. the whole belongs TO the minor
child or children"
From the judiciary committee be re-
ported as follows on Senate Bill No.
so:
Hon. E. F. Bishop. President OF the
Senate.
Sir: The Special County committee
has had under consideration Senate
Bill No. so. entitled IAN Act TO create
the Office of County Surveyor for
Counties in the Territory Of Hawaii,
and TO fix their duties and compensa-
tion," and recommends that the bill
be laid upon the table.
There are Coma afatrac ~ the hill
which would seem to be desirable, but
we believe that 1t would be premature
to attempt now TO carry out the some
what elaborate provisions Of the bill
The object is not only 10 have a sur
veyor who could do work for the
Board of Supervisors but to make sur
veys ordered by the court and upon
application OF citizens. The bill also
provides for preserving copies of all
maps and surveys with books of rec
ord and notes and data with copies,
plats or tracings of all maps filed in
the office of the County Recorder. and
that all such documents and records
shall be open to inspection by all per-
sons.
1t may be at later time when Coun-
ty Registry offices are established
that it will also be well TO provide
Survey Offices for the several counties,
but at present it seems TO the COM
mittee not expedient to attempt so
much.
Senate Bill No. 90, relating TO EN-
ployes of the Territory or any sub
division thereof in respect to their
citizenship, passed third reading.
The liquor law as called for third
reading. Senator Mccarthy moved TO
amend Section ], which would prevent
a saloon man from selling bottle of
liquor to be drunk of the premises. lie
also moved to amend Section ..
Senator Mccarthy had Section 80
stricken from the bill. This applied to
druggists, indirectly. II provides that
the receipt for, or record Of, the pay
ment Of the United States special tax
as q liquor seller will be admissible as
evidence Of the sale Of Intoxicating
liquor,
Senator Makekau made the mistake
Of his life in advocating, practically,
unlimited licenses arguing that the