The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-09

Judge Weaver's Report for
1907---Useful in Title
Quieting.

Quieting.
Judge Philip L. Weaver has filed 8
t report of the Court of Land Registra-
ton. over which he presides, for the
year 1907.
William L. Howard. clerk. has q
lot of statistical memoranda of the
court attached.
In the course of his report the judge
has this to say about the utility OF
the Torrens system, as found here,
in the quieting of titles:
FOR QUIETING TITLES.
1.-THE practice has shown that for
the purpose of trial of title to land
the proceedings in the Land Court are
a great improvement over the action
of ejectment or to quiet title. All
the parties to the controversy are
brought into court where an accurate
map, with a correct report on the title
attached to a full abstract thereof, is
exhibited for the parties. The plead
ings require that the exact points of
controversy be brought out with par
tfcularity before the parties come to
trial.
In most cases controversies thus
developed are settled among the par
ties without a trial because of the
clearness of the issues presented and
the proofs of title shown
Judge Weaver begins his report with
111n of he
lands over which the court had juris-
diction, Dec. 81, 1907, was $1,266510 and
the total value of the lands registered
to date $685. 1886. The total area regis
tered and pending registration was
fourteen thousand and twenty-three
acres less a fraction of an acre. This
area was distributed among 134 claim
ants for registration.
STREET MONUMENTS.
1t is stated that the practice of the
court shows that it is necessary to
establish lines of streets in Honolulu
by monuments in many places where
they have been omitted. Without this
reference street lines as boundaries
are very UNCERTAIN and unreliable. The
county compiled with the request for
are needed, Judge Weaver says.
COMPUTATION OBSTACLE.
DEGREES of title have been delayed
by the discovery of government in
terest in land from communication fees
unpaid. This indebtedness arises from
rules established by the commission
ers of land titles in 1916. According
to a judicial decision long ago, no in
terest is charged for delay in pay
ment and the assessment of value IS
made as of the date of the land COM
mission award. On this subject Judge
Weaver says:
IF interest We're charged upon de-
layed payments after a given time,
and an act of the Congress had by
which the Government could proceed
to obtain it's interest in the premises,
it would not only be source of reve-
nue. to the Government but would
greatly facilitate the registration of
titles, so many of which show this de-
feet
With further remarks on the SUD-
ject the judge concludes:
1T seems to me that this stumbling
block to registration without encum-
terest of clearing titles as well as OBJ
tanning money due the Territory.
THE YEARS DATA.
From Clerk Towards statistical
memorandum the following items are
taken:
Petitions fled in 1907 to register land,
81; for subdivisions, 2; to register
memorandum, L; total, "a.
Pending Jan. 1, 1907, petitions, 80; on
appeal to jury, 1; total, 81.
Grand total to account for, 5S,
Petitions granted and DEGREES issued,
81; withdrawn, 2; for subdivisions
closed, l; appeal withdrawn, 1; memo
randa, 2; total dispositions for the
year, 80.
Pending, Dec 81, 1907, to register,
%; on appeal to Supreme Court, l.
Reports of examiners filed, "a; no.
tees or citations issued. p.
Areas adjudicated: House lots, SILL
643.5 square feet or Ills acres; coun-
try property, 2101.75 acres; total, 2ll3.-
so acres.
Area adjudicated to Dec. 81. 1906,
3685.153 acres, and adding the area IN
1907 the total area adjudicated, since
acres.
The assessed value, for the purpose
of the assurance fund, of the land reg
istered by the twenty-seven DEGREES IN
1907 was S272, 1895, which added TO the
assessed value to Dec. 81, 1906, of s1l0,-
$40. makes an aggregate to the end OF
1907 Of 1882, 1885. With $283,575 of value
in pending registration the amount is
up to $1,266,5 $40.
Assurance fund collected for the year
was S27240, bringing the fund up to
1882. "a.
Titles pending registration cover
lS0.12S.S square feet, or Alb acres, Of
house lots and S220.1 1879 acres of coun- |
try property a total of S224.329 acres, |
which added to the area (5T9S.653 |
acres) tadJudfcated 10 Dec. 81, 1907, as |
stated above, makes a grand total OF /
IA. O22. 9S2 acres registered and pending |
Total applications to Dec. 81, 1907, |
1874. and DEGREES issued, f04. Five had |
been withdrawn, etc, and twenty-five |
were pending at the end of last year