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Act 121. Foreclosure of Mortgages.

ACT 121

AN ACT

TO AMEND SECTIONS 2851 AND 2852 OF THE REVISED LAWS OF HAWAII OF 1915, RELATING TO NOTICE OF FORECLOSURE OF MORTGAGES UNDER POWER OF SALE.

Be it Enacted by the Legislature of the Territory of Hawaii: SECTION 1. Section 2851 of the Revised Laws of Hawaii of 1915 is hereby amended to read as follows:

"Section 2851. Notice of foreclosure; affidavit after sale. When a power of sale is contained in a mortgage, the mortgagee, or any person having his estate therein, or authorized by such power to act in the premises, may, upon a breach of the condition, give notice of his intention to foreclose such mortgage, by publication of such notice in the English language once in each of three successive weeks, the first publication to be not less than twenty-eight days before the day of sale, and the last publication to be not less than fourteen days before the day of sale, in a newspaper published either in the county in which the mortgaged property lies, or in Honolulu, and having a circulation in such county; and also give such notices and do all such acts as are authorized or required by the power contained in the mortgage; and he shall, within thirty days after selling the property in pursuance of the power, file a copy of the notice of sale and his affidavit, setting forth his acts in the premises fully, and particularly in the office of the registrar of conveyances, in Honolulu. The affidavit and copy of the notice shall be recorded by the registrar, with a notice of reference thereto in the margin of the record of the mortgage deed, if recorded in his office."

SECTION 2. Section 2852 of the Revised Laws of Hawaii of 1915 is hereby amended to read as follows:

"Section 2852. Same.

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The true intent and meaning of Section 2851 is: that the notice of intention of foreclosure might also contain a description of the mortgaged property and a statement of the time and place proposed for the sale thereof at any time after the expiration of four weeks from the date when first advertised; and also that the affidavit contemplated by said section might lawfully be made by any person duly authorized to act for the said mortgagee, and in such capacity conducting the foreclosure."

SECTION 3. This Act shall take effect and be in force from and after the date of its approval, but shall not be applicable to or affect any foreclosure wherein the first publication shall be made prior to the date of the approval of this Act. Approved this 20th day of April, A. D. 1915.

LUCIUS E. PINKHAM,

Governor of the Territory of Hawaii.

ACT 122

AN ACT

TO AMEND CHAPTER 125 OF THE REVISED LAWS OF HAWAII, 1915, RELATING TO FIREARMS AND AMMUNITION, BY ADDING THERETO A NEW SECTION TO BE KNOWN AS SECTION 2202A.

Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. Chapter 125 of the Revised Laws of Hawaii, 1915, is hereby amended by adding thereto a new section to be known as Section 2202A, and to read as follows:

"Section 2202A. Whenever any person, firm, corporation or copartnership, dealing in or keeping for sale firearms or

Act 122. Sales of Firearms.
Act 123. Nomination Fee.

ammunition, shall make a sale of any such firearms or ammunition, or shall in any manner dispose of the same to another person, it shall be the duty of such person, firm, corporation or copartnership forthwith to report the same to the clerk and also to the sheriff of the county or city and county in which such person, firm, corporation or copartnership resides, or wherein such sale or disposition takes place; and such report shall contain the name of the owner, the name of the purchaser, the date of the sale and description of the firearms or ammunition sold, as the case may be, together with the factory number of the firearm; and also such other information as shall comply as nearly as possible with all the requirements of this chapter.” SECTION 2. This Act shall take effect upon its approval. Approved this 20th day of April, A. D. 1915.

LUCIUS E. PINKHAM,

Governor of the Territory of Hawaii.

ACT 123

AN ACT

To APPROPRIATE EIGHTEEN HUNDRED AND TWENTY-FIVE DOLLARS ($1,825.00) FOR THE REIMBURSEMENT OF CERTAIN MONEYS IMPROPERLY COLLECTED AS NOMINATION FEES.

Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. The sum of eighteen hundred and twenty-five dollars ($1,825.00) is hereby appropriated out of the general revenues of the Territory and to be immediately available to reimburse amounts improperly collected by the Secretary of the Territory, as nomination fees of candidates for the Legislature and for the office of Delegate to Congress at the general elec

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tion of 1914, to all such persons, or their executors or administrators, as the case may be, who so paid such moneys and who shall file with said secretary a claim for reimbursement within three months after the approval of this Act.

SECTION 2. Upon being satisfied of the verity of such claims, it shall be the duty of the Secretary of the Territory to approve the same and to transmit such approved claims to the auditor, who shall thereupon issue warrants to the persons so entitled to such reimbursement for the respective amounts so paid.

SECTION 3. This Act shall take effect upon its approval. Approved this 20th day of April, A. D. 1915.

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SHARES OF STOCK, BONDS, MORTGAGES, NOTES, COPART-
NERSHIP UNITS AND SERVICE.

Be it Enacted by the Legislature of the Territory of Hawaii:

SECTION 1. If any person, firm, corporation or association, or any employee thereof, in a newspaper, circular, form letter or other publication published, distributed or circulated in this Territory, or on any bill board, sign, card, label or other advertising medium displayed on, in or near a street, electric car, automobile, auto-truck, wagon, carriage, motorcycle, bicycle, show-case, store or other place in this Territory, knowingly

Act 124. Misrepresentation of Merchandise.

makes or disseminates, or causes to be made or disseminated, any statement or assertion of fact concerning the quantity, the quality, the method of production or manufacture, the cost of production, the cost to the advertiser or vendor, the present or former price, present or prospective value or the former, present or prospective earning power, or the reason for the price of such merchandise, shares of stock, bonds, mortgages, notes, copartnership units or service offered for sale or advertised by such person, firm, corporation or association, or concerning the manner or source of production or purchase, or the possession or rewards, prizes or distinctions conferred on account of the purchase or possession of such merchandise, shares of stock, bonds, mortgages, notes, copartnership units or service, which statement or assertion has the appearance of an offer advantageous to the purchaser, and is untrue or calculated to mislead, the person or corporation or firm, or the member or members of a firm, or directors of a corporation, or directors or trustees of an association, causing such statement or assertion to be made or disseminated, also the employee or agent making or disseminating such statement or assertion, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be liable to a fine of not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00), or imprisonment for not more than one year, or both such fine and imprisonment, for each and every offense. SECTION 2. This Act shall take effect and be in force from the date of its approval..

Approved this 20th day of April, A. D. 1915.

LUCIUS E. PINKHAM,

Governor of the Territory of Hawaii.

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