32 



being- situated in towns are less extensive than the former 

 which usually are of sufficient size to constitute a small farm. 

 In the other class of homesteads the value only is the basis. 

 In either case the statutes provide that the head 

 of a family shall be allowed to preserve his home for the bene- 

 fit of the famil}^, free from the molestation of creditors. Re- 

 strictions are usually imposed as to the value and extent jf 

 the property exempted, and means are provided for subjecting 

 the excess over the exempt value to the claims of creditors. 

 In some States the property secured may be worth as much as 

 $5,000, although generally the am.ount is somewhat less than 

 this. As a rule considerable latitude is given to the terms 

 "head of a family" and "family." As used under the home- 

 stead statutes it is in general sufficient that there is a collective 

 body of persons subsisting in common and presided over by 

 one v/ho owes to the others a legal or moral obligation of 

 support, founded upon relationship rather than upon contract. 

 The right of homestead in some States attaches" not only to 

 freehold estates but to every interest in land which may be 

 subjected to debt. The property protected embraces the 

 dwelling house and all the appurtenances necessaary to the 

 maintenance of a home. In some States the homestead privi- 

 lege extends to all homes, but in others it is first necessary to 

 fulfill certain legal formalities in order to derive exemption, 

 called filing a claim of homestead. 



Of all the United States and Territories Hawaii is probably 

 most backward in adequate legislation upon this subject. At 

 present the value exempted from forced sale is a house lot not 

 to exceed one quarter of an acre with the dwelling house, 

 provided the same does not exceed $250 in value, and one- 

 half acre of taro land, if actually cultivated for family use. 

 (Sec. 1830 of Revised Laws, taken from Civil Code of 1859.) 



In order to encourage the proper agricultural development 

 of this Territory, one of the first essentials is to secure the 

 enactment of a substantial homestead statute. The import- 

 ance of this was shown in the Forester, two years ago, by 

 Judge Weaver, who, in an able paper outlined the general 

 statutes obtaining m the various States. It is to be hoped 

 that the coming Legislature will take this matter seriously 

 in hand, and will bruig the Territory into line with the ma- 

 jority of the L'nited States which have adopted beneficial 

 homestead laws. 



An agreement of sale was recently made with the approval 

 of the Governor between the Commissioner of Public Lands 

 and Walter McBryde, by which the latter will eventually be- 

 come the owner of the Kukuiolono lot of the Kalahea land, 

 Kauai. The contract is conditioned besides the purchase 



