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

ton for one of the said lots Tor his own
use and benefit under the provisions of
this part of this Act.
Provided, however, that any qua itied
person may apply for one lot OF wet land
in addition to land of any other descrip-
ton already applied for or acquired by
him under this part of this Act, where
such lot OF wet land is reasonably near
such other lot; and
Further provided that no application
of married person whose wife or hus-
band owns land in her or his own right
in the Hawaiian Islands or who is an
applicant for land under this Act shall
be received or considered, unless the
marriage status of such person has been
ration or divorce.
SEC. 5. If the qualifications OF the
applicant are satisfactory according to
the foregoing statement thereof, the sub
agent shall execute certificate of occu-
patton in duplicate for the lot applied for
in favor of the applicant according to the
form of schedule B, and deliver one du-
plicate to the applicant and keep the
other on file in his office. The applicant
upon receiving the said certificate shall
have the right to take possession OF and
occupy the land described therein and
shall then be known as an occupier,
which shall also be the designation OF
any successors to his rights under the
said certificate of occupation. The occu-
pier shall be entitled to a lease in perpe-
tuity of said premises at the end OF six
years from the date of such certificate of
occupation, if all of the conditions of
such certificate to be performed by the
occupier shall have been substantially
performed. The receipt of such certifi-
cate by the occupier shall be an accept
ance and affirmation of the stipulations
and conditions therein set forth.
SEC. g. The right of possession OF the
occupier shall, in addition to the condi-
tons set forth in Section IA, be subject
to the following special conditions:
/. He shall, before the end of three
years from the date of the certificate of
occupation, build dwelling house on
the said premises.
2. He shall, before the end of three
years from the date of the certificate of
occupation, begin to reside on the said
premises.
3. He shall continuously reside on
the said premises from and after the end
of three years from the date OF the certi-
ficate of occupation, provided that the
continuous maintenance of his house on
such premises shall be sufficient without
his own cons slant personal presence
thereon.
4. He shall, before the end of six
years from the date of the certificate OF
occupation, reduce to cultivation and
have in cultivation at one time not less
than ten per cent. of the said land. or
reduce to cultivation and have in cultl-
yation at one time not less than five per
cent. of the said land, and plant and
keep in good growing condition on the
said premises not less than ten timber,
shade or fruit trees per acre thereof, II
the same is classed as agricultural land
Or if the same is classed as pastoral
land, he shall, before the end OF six years
from the date of the certificate OF occu-
patton, fence in the same.
SIC. z. If at the end of three years from
the date of the certificate of occupations,
it shall appear that the occupier has
failed in performing either the first or
second condition set forth In the last
preceding section, his interest in the said
premises shall cease and the certificate
of occupation shall be void.
And if at the end OF six years from
the date of the certificate of occupation, 1t
shall appear that the occupier has failed
to perform either the third or fourth con-
dition set forth in the last preceding
section his interest therein, and his right
of obtaining lease in perpetuity OF the
said premises according to the provisions
of his certificate of occupation, shall
cease, and the certificate OF occupation
shall be void.
SsC. 8. But if at the end OF the said
six years it shall appear that the occupier
has performed all of the said special con-
ditions set forth in Section 6, and also
the conditions set forth in Section IA,
the Agent of Public Lands shall certify
to the President the performance thereof,
who shall thersupon execute Lease IN
perpetuity in duplicate in favor OF the
occupier substantially according to the
form of Schedule G for the term of nine
hundred and ninety-nine years, which
lease shall be countersigned by the
Minister CT the Interior. The occupier,
upon receiving such lease, shall there
after be designated the lessee, which
shall also be the designation of any sue
cessors to his rights under the same.
Sec. 9. One duplicate of the said lease
shall be fled in the office of the Agent OF
Public Lands, and the other duplicate
shall be delivered by the Sub-Agent TO the
lessee upon his payment OF fee OF five
dollars, the receipt OF which shall be
endorsed upon the said duplicate by the
Sub-Agent And no interest shall be
conferred by such lease except upon de-
livery thereof as aforesaid and the pay
lease by the lesse shall be an acceptance
and affirmation of the stlpulations and
conditions therein set forth.
SEC. 10. II the person named as a
lessee in any such lease shall fail to at
tend II person at the Ctfice of the SUBJ
agent and to pay such fee and to receive
such lease, for one year after being mott
fed to do so by the sub-agent, the right
of such person to such lease and to the
land therein demised shall cease, and
the said lease and the certificate of occu-
patton relating thereto shall be void.
SEC II. Neither such certificate of oC-
cupation nor lease shall be assignable,
either by way OF mortgage or otherwise,
or devisable, or subject to levy of any
process Of attachment or execution Or
| process in bankruptcy issued by any
| court, other than proceedings for forfeit
ure and cancellation as provided in this
Act provided, that an occupier or occu-
pie1s. or lessee or lessees, holding the