The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-12-24

the intention OF the holder TO surrender
such interest properly endorsed thereon
and signed by him in the presence of the
sub agent. ANY such surrender shall re-
lease the occupiers or lessees from all
further duty of performance Of the con-
ditions OF the document surrendered.
But no surrender by a minor under Is
years of age shall be valid and further
provided, that any two holders of such
certificates or of such leases in any one
district who are not in default in the per
formance OF any OF the conditions of
their respective certificates of occupation
or leases may, with the consent of the
sub-sgent and upon the payment to him
of q fee of one dollar each, exchange
their certificates of occupation or loases
with each other, with or without any ad
ditional consideration therefor in money
or otherwise, as may be agreed on. In
case OF such exchange the fact of the
exch snge shall be endorsed by the sub
agent upon the said two certificates of
occupation or leases, and the occupiers
or lessees respectively shall be liable for
the performance of all unperformed con-
ditions OF the certificates of occupations
or leases received by them in such ex
change, and shall be relieved of the per-
formance of all conditions in the leases
given up by them. But an occupier and
a lessee may not exchange with each
other.
SEC. ~. The right of possession of a
lessee shall, in addition to the condi-
tions set forth in Section IA, be subject TO
the following special condition:
He shall reside continuously upon the
leased premises, provided that the con-
tinuous maintenance oil his home on
his own constant personal presence
thereon.
SEC. 13. If it shall appear at any
time that the lessee has failed in the per-
formance of the said condition, or has
done such acts or permitted such circum-
stances to exist as constitute virtual
abandonment of the said premises as
home, his interest in the same shall
cease, and the lease under which he
holds shall be void.
Sec. IA. The right of possession of an
occupier or lessee to the premises held
by them respectively under a certificate
of occupation or a lease in perpetuity
shall, in addition to the special condi-
tions set forth in Sections and u, be
subject to the following conditions:
1. He shall pay the taxes assessed
upon such premises within sixty days
after the same are delinquent.
2. He shall not attempt to part with
such right of possession to such pre-
misses or to any part thereof by way OF
gift, sale, mortgage or lease; provided
that he may sublet by parol for the cul-
tivatlon and harvesting Of crop on
shares.
8. He shall not manufacture for sale
or sell distilled or fermented liquors,
opium or smuggled goods, or permit the
same to be done on such premises
4. He shall perform any condition in
such certificate of occupation or lease for
the protection of trees growing or to be
planted on such premises, and any con-
dition OF such certificate of occupation
or lease for the destruction of vegetable
pests that may be on such premises, or
for the prevention OF the future intro
duction OF such pests on such premises.
SEC 15. Upon the violation of any of
the foregoing conditions, the interest OF
the Occupier or Lessee In such premises
snail cease, and the certificate OF occu-
patton or lease under which he holds
shall be void.
Sec. Is. In case of the death of an
Occupier or Lessee, all the interest OF
such Occupier or Lessee, any devise or
bequest to the contrary Notwithstanding.
in land held 10y such decedent by virtue
Of certificate of occupation or a lease
in perpetuIty, shall vest in the relations
OF the decedent as follows: l. In the
widow or widower. = ii there is no
widow or widower, then in the children.
3. II there are no children, then in the
widows or widowers of the children. 4,
If there are no such wide vs. or wild lowers.
then in the grandchildren. 5. If their
are no grandchildren, then in the father.
6. If there is no father, then in the
mother. z. If there is no mother, then
in the brothers and sisters. s. II there
are no brothers or sisters, then in the
widows or widowers of the brothers and
sisters. 8. II there are no such widows
or widoweTs, then in he nephews or
nieces. 10. If there are no nephews or
nieces, then in the widow or widowers
of the nephews and nieces II. If there
are no such widows or Widowers, then in
the grandchildren OF the brothers and
sisters. y. If there are no grandchild-
ren of any brother or sister, then in the
Republic of Hawaii. And all such sue
cessors, except the Republic of Hawaii.
shall be subject to the performance of
the unperformed conditions of such Ger
tifcate of occupation or lease, in like
manner as the decedent would have been
subject to such performance If he had
continued alive.
Provided, however, that in case two or
more persons succeed together to the in
terests of any Occupier or Lessee. accord
ing TO the foregoing provisions, they
shall hold the same by joint tenancy so
long as two or more shall survive, but
| upon the death of the last survivor, the
estate shall descend according to the
provisions OF the first part of this section.
And in case ,f such joint tenancy, the
| continuous residence OF any of such ten
ants upon the premises shall be sufficient
! performance OF the conditions of resi-
dence set forth in Sections 6, - and IA.
| SEC. IL. In case of fba 6aoIh Of
| Occupier or Lessee the interest of the
| successors shall not be liable to forfeiture
during a period OF six months from such
| death. But if no successors TO the de-
ceased tenant take possession of the
| premises within year from the death OF
such tenant, the premises shall there
upon vest in the Government.
SEC. is. In case two or more person $
| succeed together to the intereek of snv