cession, may, after the property or piece of property has been duly appraised by a court of probate, elect to pay to the others the amount of their shares in money, in order that the land may not be divided. And the same rule shall apply where a part of the claimants are children, and the rest are issue of deceased children of the intestate.

§ 2115. Posthumous children shall in all cases inherit the same as if they had been born during their father's lifetime.

§ 2116. If any child of an intestate shall have been advanced by him by settlement or portion of real or personal estate, or of both of them, the value thereof shall be reckoned, for the purposes of this section only, as part of the real and personal estate of such intestate, descendible to his heirs and to be distributed to his next of kin according to law. And if such advancement be equal or superior to the amount or share which such child would be entitled to receive of the real and personal estate of the deceased as above reckoned, then such child and his descendants shall be excluded from any share in the real and personal estate of the intestate.

§ 2117. But if such advancement be not equal to such share, such child and his descendants shall be entitled to receive so much only of the personal estate, and to inherit so much only of the real estate of the intestate, as shall be sufficient to make all the shares of the children in such real and personal estate and advancement to be equal as near as can be estimated.

§ 2118. The value of any real or personal estate so advanced shall be deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise, such value shall be estimated according to the worth of the property when given.

§2119. The maintaining or educating or the giving money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement.

§ 2120. It shall not be requisite that the intestate shall have been in actual possession of the property; it is sufficient if he had a good claim to it at the time of his death.

§ 2121. The word "issue," as used in this chapter, includes all the lawful lineal descendants of the ancestor.

NOTE TO CHAPTER 132.

§§ 2105, 2107-2109 are C. L., §§1447, 1449-1451. § 2106 is S. L. 1898, act 47. § 2110 is S. L. 1866, C. L., p. 477. §§ 2111-2121 are C. L., §§1452-1462.

62111 and 2112 amended by S. L. 1874, ch. 50, but the amending statute repealed and the original sections reenacted S. L. 1876, ch. 9.

Cases in Hawaiian Reports: Aihonua v. Ahi, 6 Haw., 410; Kahuaku v. Union Mill, 6 Haw., 487; Keamalu v. Luhau, 7 Haw., 326; Manaku v. Moanauli, 8 Haw., 382; Thurston v. Allen, 8 Haw., 403; Est. Kualii, 8 Haw., 613; Kahai v. Kamai, 8 Haw., 696; Est. Ehu, 9 Haw., 394; Peterson v. Kaanaana, 10 Haw., 384; Carter v. Carter, 10 Haw., 687.

CHAPTER 133.

WILLS.

§ 2122. Every person of the age of eighteen years and of sound mind may dispose of his or her estate, both real and personal, by will.

§ 2123. Any married woman may dispose, by will, of all property belonging to her in her own right, in like manner as a person under no disability might do.

§ 2124. No will (except such nuncupative wills as are mentioned in this chapter) shall be valid, unless it be in writing and signed by the testator, or by some person in his presence and by his express direction,

and attested by two or more competent witnesses subscribing their names to the will in the presence of the testator.

§ 2125. If the subscribing witnesses to a will are competent at the time of attesting its execution, their subsequent incompetency, from whatever cause it may arise, shall not prevent the probate and allowance of the will, if it be otherwise satisfactorily proved.

§ 2126. All beneficial devises, legacies, and gifts whatever, made or given in any will to a subscribing witness thereto shall be void, unless there are two other competent subscribing witnesses to the same, but a mere charge on the estate of the testator for the payment of debts shall not prevent his creditors from being competent witnesses to his will.

§ 2127. But if such witness, to whom any beneficial devise, legacy, or gift is made or given, would have been entitled to any share of the estate of the testator, in case the will had not been established, then so much of the share as would have descended or been distributed to such witness as will not exceed the devise or bequest made to him in the will, shall be saved to him, and he may recover the same of the devisees or legatees named in the will, in proportion to and out of all the parts devised or bequeathed to them.

§ 2128. Every devise, purporting to be a devise of all the real or personal estate of the testator, shall be construed to convey all the real or personal estate belonging to him at the time of his decease, unless it shall clearly appear by the will that he intended otherwise.

§ 2129. No written will shall be revoked, unless by burning, tearing, canceling, or obliterating the same, with the intention of revoking it, by the testator or by some person in his presence, and by his direction, or by some other will in writing, executed as prescribed in this chapter; but nothing contained in this section shall prevent the revocation implied by law, from subsequent changes in the condition or circumstances of the testator.

§ 2130. If, after the making of any will, the testator shall duly make and execute a second will, the destruction, canceling, or revocation of such second will shall not revive the first will, unless after such destruction, canceling, or revocation the first will shall be duly republished.

§ 2131. If, after the making of a will, the testator shall marry and shall have a child born to him, and no provision shall be made in the will for such contingency, such marriage and birth shall operate as a revocation of such will.

§ 2132. A will executed by an unmarried woman shall be deemed revoked on her subsequent marriage, and shall not be revived by the death of her husband.

§ 2133. No written will shall be allowed to be proved after the expi ration of five years from the death of the testator; provided, however, that where any minor is interested in the estate one year shall be allowed after his arrival at full age to cause such will to be proved and allowed.

§ 2134. The term "will," as used in this chapter, shall be so construed as to include all codicils as well as wills.

§ 2135. Nothing contained in this chapter shall be so construed as to conflict with the law relating to dower.

NOTE TO CHAPTER 133.

2122 is S. L. 1890, ch. 48. §§ 2123-2135 are C. L., §§ 1464-1476.

Cases in Hawaiian Reports: Est. Nanino, 2 Haw., 762; Kahui v. Lauki, 5 Haw., 297; Aho v. Ahuna, 6 Haw,, 151; Est, Kamaka, 9 Haw., 247; Re Newell, 10 Haw., 80,

CHAPTER 134.

CERTAIN SPECIFIC RIGHTS OF THE PEOPLE.

§ 2136. Where the landlords have obtained, or may hereafter obtain, allodial titles to their lands, the people on each of their lands shall not be deprived of the right to take firewood, house timber, aho cord, thatch, or ki leaf, from the land on which they live, for their own private use, but they shall not have a right to take such articles to sell for profit. The people shall also have a right to drinking water, and running water, and the right of way. The springs of water, running water, and roads shall be free to all on all lands granted in fee simple; provided, that this shall not be applicable to wells and water courses which individuals have made for their own use.

§ 2137. All wood of any description which may drift onto the beach of any part of this Territory shall be the property of the finder, and anyone finding such driftwood may take the same for his own private use without paying a share to the Government; provided, however, that this section shall not be construed to apply to any vessel wrecked or stranded on any part of the shores of this Territory.

§ 2138. The Government reefs shall be free for the use of the people. Whoever, being a citizen of the United States, shall desire coral or sand from the Government reefs and lands may freely take the same, either for his own use or for sale or exportation; provided, that this section shall not apply to the Government domain in Honolulu, or Lahaina, or to any other reefs that may from time to time be set apart for the use of the Government.

NOTE TO CHAPTER 134.

§§ 2136-2138 are C. L., §§ 1477-1479.

Cases in Hawaiian Reports: Oni v. Meek, 2 Haw., 87; Haalelea v. Montgomery, 2 Haw., 63; Koa v. Kaahanui, 6 Haw., 167; Halton v. Piopio, 6 Haw., 336.

CHAPTER 135.

INTEREST.

§ 2139. When there is no express contract in writing fixing a different rate of interest, interest shall be allowed at the rate of six per cent per annum for all moneys after they become due on any bond, bill, promissory note, or other instrument of writing, for money lent, for money due on the settlement of accounts, from the day on which the balance is ascertained, and for money received to the use of another from the date of a demand made.

§ 2140. Interest at the rate of six per cent per annum, and no more, shall be allowed on any judgment, recovered before any court in this Territory, in any civil suit.

§ 2141. It shall in no case be deemed unlawful to stipulate, by written contract, for any rate of interest not exceeding one per cent per month, provided the contract to that effect be signed by the party to be charged therewith.

§ 2142. No action shall be maintained in any court of this Territory to recover a higher rate of interest than one per cent per month, upon any contract made in this Territory: Provided, however, That this section shall not be held to apply to contracts for money lent upon bottomry bonds, or upon other maritime risks, nor upon contracts made prior to the passage of this chapter.

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§ 2143. No action shall be maintainable in any court of this Territory to recover compound interest upon any contract whatever.

NOTE TO CHAPTER 135.

§§ 2139-2142 are S. L., 1898, act 4.

§ 2143 is C. L., §§ 1480-1484.

Cases in Hawaiian Reports: Jones v. Wight, 8 Haw., 618; Bolte v. Akau, 8 Haw., 743; Herblay v. Norris, 8 Haw., 338.

CHAPTER 136.

LEGAL MAJORITY.

§ 2144. All male persons residing in this Territory who shall have attained the age of twenty years, and all females who shall have attained the age of eighteen years, shall be regarded as of legal age and their period of minority to have ceased.

2144 is, C. L., § 1487.

NOTE TO CHAPTER 136.

Cases in Hawaiian Reports: Wood v. Green, 2 Haw., 168.

CHAPTER 137.

HOLIDAYS.

§ 2145. The following days of each year are hereby set apart and established as national holidays, to wit:

The first and seventeenth days of January, the eleventh day of June, the fourth day of July, the third Saturday of September, the twentyeighth day of November, and the twenty-fifth day of December.

§ 2145 is S. L. 1896, act 66.

NOTE TO CHAPTER 137.

CHAPTER 138.

LABOR COMMISSION.

§2146. The governor of the Territory is hereby authorized and directed to appoint, by and with the advice and consent of the Senate, a commission of three persons, who shall be known as the "Labor Commission," and all of whom shall serve without pay. One of the commissioners shall be designated by the governor to be chairman of the commission, and shall have power to administer oaths. Members of the commission may be removed at any time by the governor.

§ 2147. Vacancies caused by death, resignation, refusal to serve, or other cause, shall be filled by appointment of the governor by and with the advice and consent of the senate.

§ 2148. It shall be the duty of the said commission to make a full and careful inquiry and investigation into the following matters, so far as the same shall not have been done by the labor commission provided for in Act IV of the executive and advisory councils of the Territory, and to report from time to time to the legislature, if the same shall be in session, or to the governor if the legislature shall have adjourned: 1. The number and nationality and residence of all agricultural laborers now employed in the Territory, showing the number engaged in each particular branch of agriculture.

2. The rate of wages paid to the different nationalities of such laborers in the different portions of the Territory.

3. The number, nationality, and residence of all mechanics now employed in the Territory.

4. The rate of wages paid to the different nationalities of such mechanics in the different portions of the Territory.

5. The prices received by Hawaiian sugar planters for raw sugar. 6. The cost of producing sugar, showing, so far as practicable, the cost of each stage and process, and showing more particularly the proportionate cost of unskilled labor.

7. Whether or not an increased number of agricultural and other unskilled laborers will be needed in the near future, and if so, in connection with what industries and how many laborers wlll probably be required.

S. The trials which have been given to cooperative production, or profit sharing, in the production of sugar, rice, or other agricultural products in this country, giving, so far as practicable, the details of the several agreements and methods adopted, and the results thereof.

9. Whether or not a system of cooperative production or profit sharing is feasible in connection with the main agricultural industries of the country; and if so, upon what lines.

10. Whether or not such a system of production has ever been adopted in any other country situated similarly to Hawaii, and in the production of similar products to those produced here; and if so, what the results were.

11. Whether or not there is anything in the climatic or other conditions in this country which renders it physically impossible for Europeans and Americans to successfully engage in field labor in this country.

12. If Europeans and Americans are found capable of personal field labor, whether or not it is feasible to secure the immigration of a sufficient number of Europeans or Americans to supply the present and probable requirements for unskilled labor. If so, upon what terms and by what means, and from what countries.

13. What the effect of Chinese immigration has been in this country. 14. What the effect of restriction of such immigration has been. 15. Whether or not it is necessary or advisable to allow the further immigration of Chinese. If so, upon what conditions.

16. What the effect of Japanese immigration has been in this country. 17. Whether or not it is necessary or advisable to allow the further immigration of Japanese. If so, upon what conditions.

18. What the condition of field labor and of mechanics is and during the last few years has been in this country, as compared with other countries.

19. What rate of wages is paid in other countries to skilled and mechanical labor in the production of products similar to those raised here.

20. In what manner and to what extent men introduced as contract laborers have competed with the mechanical or business interests of the country.

21. Any other matters of a kindred character which will throw light upon the subject and tend to solve the problems incidental to the labor question in this country.

§ 2149. It shall be the duty of all Government officers, officers of corporations, and other persons, to furnish to such commission, upon its request, all information within their knowledge bearing upon the subject