The Hawaiian gazette., 1884-10-29

acquire more than one lot, provided, how
ever, that persons will be allowed to &c
ouire two lots where one Of them is kula
land only and one Is wet or kalo land
only. ---
Minister Of the Interior.
SECTION 3. Upon receiving written ap-
plications for any of the said lots, the
same shall be filed with the date Of their
receipt in case two or more persons ap-
plying for the same lot, the one whose ap-
| plication Is first received shall have the
precedence ; provided, however, that If he
should not attend in person or by attorney
at the office of the Minister of the Interior
within one week from the time of the
receipt of his application, the second one
applying shall have the precedence OF all
others in the same manner, and so on as
to other applicants Upon considering
the respective applications the Minister of
the Interior shall grant the same upon the
payment by the applicant OF ten dollars
for the expense Of the papers, the quarter
yearly rent or interest IN advance, as pro
yided by the written agreement between
the Minister Of the Interior and the apph-
cant. as hereinafter set forth, and the exc
cution by the applicant together with the
Minister OF the Interior Of such written
agreement in duplicate, and shall deliver
to such applicant one of such dupli-
Gates. duly stamped, which shall entitle
him to the immediate possession Of the
lot or lots Of land therein described, &c
cordinr to the covenants and stipulatiOns
thereof, and which shall be admitted as
evidence without further proof in all
Courts Of the Kingdom. Such agreements
gl,8n H., ~, zTrl,zfarRppG follows
- Minister Of the Interior in be
half Of the Hawaiian Government, the
party OF the first part, and -of--- OF
the Island Of the party Of the second
part, agree as follows
The party OF the first part agrees to
sell. and the party Of the second part
agrees TO purchase the lot numbered -
upon the survey OF land under the Home
stead Act number in the District OF
Island Of including an area
Of acres, in five years from this date,
at the price d dollars.
. 1t is further agreed that the party Of the
second part may take immediate posses
sion of the said premises and hold the
same. as hereinafter provided, for the term
of five years, without being subject TO the
payment Of taxes therefor, and shall with
in one year from this date build dwell
ing house upon the said lot lin case two
lots are taken. describe the lot Of kula
land by number) and begin to occupy the
same, and shall continue to use the same
as his residence for the remainder of the
said term Of five years, and shall within
two years from this date enclose the said
lot lin case two lots are taken, describe the
lot of kula land by number) with a sub
stantial fence and shall pay quarterly in
advance "a sum representing
the quarterly interest Of the said purchase
price at the rate Of ten per cent. per an
NUM- to the party Of the first part, and at
the end Of said term shall pay in full the
said dollars (the purchase price, or
any part Of the same that shall at that
time remain unpaid or shall deliver a |
mortgage Of premises to secure the SAID |
sum or such unpaid balance at--own |
expense, for term not less than one year |
OF more than five years, as the party of the |
first part shall decide, with interest at the |
rate Of ten per cent. per annum- payable |
semi annually in advance.
Upon the receipt of such sum Of money, |
or unpaid balance thereof, or such mort
gage. the party Of the first part shall |
deliver to the party Of the second part, or
his heirs a Royal Patent for the said pre-
misses.
Provided, however, if the party of the
second part shall not place a dwelling
house upon the said premises, and begin
TO use the same as a dwelling house with
in one wear from this date, or shall not
continue to live upon said premises for
the rest Of the said term Of five years, or
I I1A
lots are taken describe the lot of kula land
by number) within two years from this
date with substantial fence. or shall fail
TO pay the said interest IS the same shall
become due, or shall not pay the said sum
Of-dollars purchase price, or the
unpaid balance thereof at the end OF the
said five years, or in lieu thereof deliver a
mortgage rs aforesaid. to the party of the
first part, these presents shall thereby be
come void, and the party Of the first part,
may thereupon without notice, demand or
legal process, take possession of the said
with all improvements that may
be thereon, and remove the party of the
second part, and all persons claiming I'M
Ter him, and their effects
1t Is hereby further agreed that the
party Of the second part, or his heirs, shall
not assign this assignment, and any such
assignment shall cause this agreement to
become void as hereinbefore set forth.
The party Of the second part may under
his agreement, nay the whole or any part
If the said purchase price at any time at
MS option, before the termination Of the
said five years, and upon any such pay
nents shall be allowed a corresponding
of the amount Of interest money
lerelnbefore stipulated but he shall in no
,ase be entitled to Royal Patent Of the
;aid premises until after the end of the
;aid term Of five years. and his substantial
performance Of the stipulations Of this
agreement to be performed by him.
In case Of death of the party of the
second part before the expiration of the
aid five years. all the rights and benefits
# this agreement shall rest in his heirs
according to law. subject to their compile
ion of the performance Of the stpulations
hereof to be performed by the party of
# the second part.
SECTION l. The charges and fees Of the
surveyors and appraisers, and other ex-
,enses required under this Act shall be
aid from moneys in the Treasury not
otherwise appropriated. The fees Of the
aid appraisers shall be five dollars a day
piece.
SECTION ). This Act shall take effect
rom and after the date of its publication,
he requirements Of an Act approved the
5th day Of September. A D. 1876. as
mended by an Act approved the 3Oth day
f July, A D. 1878. to the contrary not
Approved this 10Th day Of August, A. D.
SS4. KALAKAUA REX.