The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-03-15

views nave not changed, and
by the qualified had better
use.
~o~0AoNOAO~OAONSAaAONO~NAW
ervision of the several counties. Report
adopted.
PRESENT LAWS FAIR.
The above committee advised tab
ling Coney's bill to amend sections 553
and 557, Revised laws, relating to the
Honolulu water works. The present
laws regulating the water works are
fair and have worked no injustice,
there has been no serious complaint
Committee considers that the passage
OF this bill will cause great hardship
amongst the poor"
Report adopted.
ABSURDITY OUT OF DATE.
Judiciary committe to which was
referred the bill introduced by Correa,
to provide for the exemption of the
family homestead from forced sale and
to repeal section 1880, Revised Laws,
made the following report, recommend
ing the bills passage:
Section 1880 is copy of the statute
winch has been on our books since
1852. 1t is absurdly out of date and
inadequate. hat statute gives exemp-
ton Of two hundred and fifty dollars
worth of real property as a homestead
and one half acre of taro land Tho
comfort of our people has improved
since 1852 and no head of a family
should be stripped of his home if it
proved worth more than the paltry
sum of two hundred and fifty dol
lars. Two thousand five hundred dol
lars is fair medium valuation for
exemption as shown by a study of the
statutes OF sixteen states. The exemp-
ton ranges from 1000 to $4,000 worth
of realty exclusive of the dwelling
thereon. ,,r,r
The principe object OF most home
stead exemptions is TO protect DEBTORS
and their families in the possession
and enjoyment of homes so as to give
them shelter beyond reach OF financia.
misfortune.
The policy Of the government is to
give a man a chance to regain his
business standing even il he becomes
a bankrupt, by allowing him a home
to live IN and to keep his family from
want. We think that the present
statute is not sufficient protection to
the mead of the family. ii the head o..
family is so unfortunate to become
bankrupt, we 40 not think that 1t
can be said at this day that it is good
enough for him if his creditors let him
have home worth two hundred ana
fifty dollars and one-half acre of taro
land.
I'VE have examined the bill and find
that it is fair both to the homestead
claimant and to his creditors if he
have any Protection is given to the
creditor if the home is worth more
than S2,5U0, and a means given to
realize on the excess value. If the de-
claration is filed before any debts are
contracted the home maker is protect
ed with his family from forced sale.
The text of the measure is copied in
J great part from the California stat
utes, which have been in use for many
years with good effect.
We recommend that subdivision
as amended shall read: The home,
stead is subject to execution or forced
sale in satisfaction of judgment OBJ
tanned: Before the declaration was
filed for record, or upon judgment
obtained upon a debt contracted or in
CURED before the declaration was FLEE
for record
This amendment will prevent {
homestead claimant from treating {
creditor unjustly, in case he is givel
credit by the creditor upon his It'll,
to the homestead when no declaration
of homestead has been made" The
report was adopted.