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Senator Smith moved that the Section pass as amended. Seconded by Senator Lane and carried.

Section 2. Senator Hayselden moved to strike out the Section. Seconded by Senator Smith and carried.

Section 3. Senator Coelho moved that the Section De numbered Section 2. Seconded by Senator Lane and carried. Senator Hayselden moved that the Section pass as amended. Seconded by Senator Coelho and carried.

Title. Senater Smith moved to amend by striking but the words "to provide that all" and inserting in leu thereof the words "relating to" and by striking out the words "must be Citizens of the United States of America" at the end thereof. Seconded by Senator Hayselden and carried.

Senator Hayselden moved that the Bill pass Second Reading as amended. Seconded by Senator Kalama and carried.

Under suspension of the Rules, Senator Smith presented the Report (No. 149) of the Judiciary Committee on Senate Bill No. 63 and House Bill No. 84 as follows:

Hon. E. F. Bishop,

President of the Senate.

Sir: The Judiciary Committee have had under consideration Senate Bill No. 63 and House Bill No. 84 both of which relate to the paying into the County Treasuries all the fines and costs collected in the respective counties.

Senate Bill No. 63 provides that all fines and forfeitures of property imposed as punishment in Criminal Cases, all costs in such cases, and all costs imposed in civil cases by any District Court in those cases in which no appeals shall be taken, shall be paid into the County Treasury; and House Bill No. 84 provides that any money or moneys collected by any District Court within the Territory as fines and costs, are realizations for the County, and the same shall be paid in and kept in the County Treasury for the use of the County wherein such moneys

shall be collected.

We recommend that both of these bills be laid upon the table.

We believe it better that the public revenues should be paid into the Territorial Treasury and that the funds for the maintenance of the Counties shall be a certain percentum of all the revenues collected from the respective counties. If certain

classes of revenues are to be paid directly to the Counties three will be a disturbance of the amounts which should be apportioned between the Territory and the Counties and will make a fair adjustment more difficult.

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The Report of the Committee was ordered received and laid o the table to be considered with the Bills.

Second Reading of Senate Bill No. 63, entitled "An Act to Provide for the payment to Counties of Fines, Forfeitures and Casts imposed or awarded to the Territory by District Courts." Senator Lane moved that the Bill be laid on the table. Secorded by Senator Chillingworth and carried.

Second Reading of House Bill No. 84 entitled "An Act to Designate all Fines and Costs collected by any District Court as County Realizations."

Senator Lane moved that the Bill be laid on the table. Seconded by Senator Knudsen and carried.

At 3:20 o'clock, upon motion of Senator Hayselden, seconded by Senator Coelho, the Senate adjourned.

WILLIAM SAVIDGE,

Approved by the Senate:

E. F. BISHOP,

President of the Senate.

Clerk of the Senate.

FORTY-SECOND DAY.

Wednesday, April 10th, 1907.

The Senate met, pursuant to adjournment, at 9:30 o'clock. After prayer by the Chaplain, the Roll was called showing Senators Dowsett and Hayselden absent.

The Journal of the Forty-First Day was read and, upon motion of Senator Lane, seconded by Senator Brown, approved as read.

A Communication (No. 180) from the House of Representatives, informing the Senate that the veto of the Governor on House Bill No. 123 had been sustained, was read by the Clerk as follows:

THE HOUSE OF REPRESENTATIVES,

Honolulu, T. H., April 9th, 1907.

To the Honorable President and

Members of the Senate of the

Territory of Hawaii.

I have the honor to inform your Honorable Body that the Veto of the Governor on House Bill No. 123 was this day sustained in the House of Representatives of the Territory of Hawaii.

Respectfully yours,

JOHN H. WISE,

Clerk, House of Representatives.

The Communication was ordered received and placed on file. A Communication (No. 181) from the House of Representatives, informing the Senate of the adoption of the Report of the Special Joint Conference Committee on Senate Bill No. 73. was read by the Clerk as follows:

THE HOUSE OF REPRESENTATIVES,

Honolulu, T. H., April 9th, 1907.

To the Honorable President and

Members of the Senate of the

Territory of Hawaii.

I have the honor to inform your Honorable Body that the Report of the Special Joint Conference Committee on Senate Bill No. 73 was this day, on an Aye and No vote, adopted in the House of Representatives of the Territory of Hawaii.

Respectfully yours,

JOHN H. WISE,

Clerk, House of Representatives.

The Communication was ordered received and placed on file. Senator Hayselden on behalf of the Judiciary Committee presented the Report (No. 150) of the Committee on House Bill No. 11 as follows:

Hon. E. F. Bishop,

President of the Senate,

Territory of Hawaii.

Sir: The Judiciary Committee submits the following report upon House Bill No. 11, entitled "An Act to Amend Chapter 122, Title XVII, Revised Laws of Hawaii, by adding thereto, at the end thereof, a new and additional section to be numbered Section 1857A, providing for the Maintenance and Support of the Family of a Deceased Person Pending the Administration of his Estate."

In so far as the Bill provides for the widow or children remaining in possession of the decedent's residence pending administration, and allows them to have the wearing apparel and household furniture of the family, and all property exempt from execution, and allows them a reasonable temporary provision out of the estate for their support and maintenance, your Committee approves of the same.

But a further provision is made, that as a matter of final settlement in course of administration, there shall also be permanently set apart by the court to the widow or minor children

(or either) a house and premises to become the absolute property of the family, even as against creditors (not having liens thereon). The Committee does not recommend this feature of the Bill.

Your Committee understands that it is urged in support of the Bill that provisions for setting apart a homestead for the widow and children of a decedent have become common in the mainland states, and the conclusion has therefore been drawn that these provisions are founded upon the view that the family is entitled to provision of this kind even against creditors.

Reference to the laws of California shows that, beginning with line 7 and extending through the words "child or children" in line 23, the present Bill is copied from the California Code of Civil Procedure, Article 1, Chapter 5. But if the Callfornia law is followed because it is deemed an example in point under the view referred to, it, alone, shows the error of the supposition as to its object. Its provisions for the setting apart of a "homestead" have reference only to the special kind of legal homestead provided for in the next article of the chapter, which relates to the filing of declarations of homesteads by husband or wife or both. The legal effect of, and the very purpose, of the filing of such a homestead is to exempt the property from execution for general debts, not only after death of the homesteader but during his life. The property is no longer liable for any debt or obligation of any kind except taxes or mortgage liens or charges voluntarily placed upon it by the homesteader. It could not, therefore, work a deprivation of the property from creditors after death of the declarant. It could not have been applied for their claims in any case. In the sense of the California law, a "homestead" is a very different thing from the "homestead" referred to in our own land laws.

The California Homestead law combines with another feature of the law of that State, that is, that there is no estate in dower in the wife, or courtesy in the husband, on the death of the other. All property acquired after marriage by either, unless acquired as the special separate property of either, is termed "community" property, which in law is regarded as owned by them jointly. On a sale of real estate a wife does not release dower, for she has none; but she is a necessary party grantor to convey her own community interest in the property.

For these reasons, if husband or wife have neglected during their lifetime to file a homestead upon any land, then upon the death of the husband the wife still has a foremost right to have

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