The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-01-07
mum area of land provided for settlers
in this part Of this Act.
RIoHT OF PURcHAsE LEAsEs

RIGHT OF PURCHASE LEASES.
SEC. 5. All applications for q right
OF purchase lease shall be made In
person by the applicant at the Office
Of the sub-agent during Office hours,
and shall include Q sworn declaration
substantially according 20 the form Of
Schedule ID. The applicant shall pay
TO the sub-agent fee corresponding In
amount 20 six months rent Of the
be credited % him on ace0unt Of rent
If his application 10 successful. Upon
receiving such application and such
Zee the sub-agent shall endorse upon
the applicatiOn the day and hour Of
receiving the same and the neceipE Of
said fee. In e6ae two or more persons
apply for the same lot, the one whosa
application is first received shall have
the preference. No application not
including . declaration Of quAh6cs-
ti0ns as above required and not accom-.
panied with the said fee, shall be re-
ceived or considered.
SEC. 6. III the qualifications Of the
applicant are satisfactory according 20
the foregoing requirements, the sub.
agent shall execute lease IN duph-
cate in favor of the applicant, for the
lot applied for substantially according
to the form Of Schedule Z, and shall
deliver to the applicant one duplicate
of such lease, and keep the other on
file in his office. The applicant on re-
ceiving such lease shall be designated
the lessee, which shall also be the
designation Of any successors to his
rights under the same. The receipt Of
such lease by the lessee shall be an
acceptance and sf1irmation OF the
stipulations and conditions therein set
forth.
SEC. Z. Such lease shall be made
for term of twenty-one years to be
reckoned from the next first day of
April or October following the date
thereof, and shall also include the
period between the date of the lease
and such day, and shall be subject
to the following conditions:
/. A yearly rental Of six per CEN
tum on the appraised cash value Of
the land, payable in equal parts half
yearly in advance on the first day Of
April and the first day Of October Of
each year to the sub-agent.
2. The lessee shall from the end Of
the second year of the said term to the
end of the eighth year thereof reside
continuously upon the said premises,
provided that the continuous mainte-
nance of his home on such premises
shall be sufficient without his own
constant personal presence thereon.
8. He shall before the end Of the
eigth year of the said term reduce to
cultivation and have under cultiva-
ton at one time not less than ten per
cent. thereof, or reduce to cultivation
and have in cultivation at one time
not less than five per cent. thereof and
plant and keep in good growing condi-
ton on the said premises not less than
ten timber, shade or fruit trees per
acre of the whole area IL the same is
classed as agricultural land; or IL the
same is classed as pastoral land, he
shall fence in the same. IL the prem
ises are classed as pastoral-agricultu
land the foregoing alternative condi-
tions shall apply respectively to the
two kinds of land.
4. He shall not assign or sub-let his
interest under the said lease or any
part thereof, without the consent of
the sub-agent. Provided that he may
sub-let by parol, any part OF the
leased premises less than the whole
and not including his residence, for
the cultivation and harvesting OF any
crop on shares which does not require
over two years for its cultivation and
harvesting. And further provided
that lessee or lessees holding the
whole interest in right of purchase
the conditions OF the lease to be
performed by the lessee up to
such time, shall have been sub
stantially performed, surrender such
interest to the Government by de-
livery of such lease to the sub-agent
with the intention of the holders to
surrender the Same clearly endorsed
thereon assigned 10y them in the pres
ence of the sub agent. Any such sur
render shall release the lessees from
all further duty of performance of the
conditions of the document surren-
dered. But no surrender shall be
valid IL one of the lessees is a minor
under eighteen years of age.
And further provided that any such
lessee over the age of eighteen years
NAV assign his interest TO his coten-
ants.
s. He shall not manufacture for
sale or sell distilled or fermented liQ.
uors, opium or smuggled goods, or
permit the same to be done on such
premises.
6. He shall perform all conditions
I'm such lease for the protection of trees
growing or TO he planted on such prem :
ises, or for the destruction OF vegeta-
BILE pests that may be on such premi-
ses or the prevention of the future in
PRODUCTION of such pests thereon.
Z. He shall allow the agents OF the
Government at any time to enter and
examine the demised premises.
SEC. S. Upon the violation of any
of the foregoing conditions the inter
est OF the lessee I'm such premises shall
cease and the lease shall be void.
Sic. q. At any time between the
eighth and the twentieth year Of the
said term, the lessee shalt be entitled
to a land patent from the Govern
meut, conveying him in fee simple
the land described In his lease, upon
his paying to the Government the APP
praised value Of the leased premises,
IL st such time all the conditions OF
the lease to he performed by the lessee
up to such time shall have been sub
stantially performed, aud there are no
taxes due the Government on account
of such premises.
SEC. 10. During the first al months
of the twenty-filet year of right OF
purchase lease, a new appraieenhent OF