The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-01-07

POpding interest
2 Cultivation OF not lees than ten
! per centum of the area ot the said
premises, II agricultural land, at any
| Que time before the end Of the thiru
year, or fencing in the same II pastoral
laud within such time provided, mat
| il the pFeuAises are ciassed as pastoral
| agricultural laud the foregoing alter
| native conditions shall apply respec-
| lively TO the two kinds OF land.
| 3. Continuous cultivation al not
| less than ten per ceutum OF the area
| of sucn agricultural land from the emu
| OF the third year 10 the end oI tue
| sixth year
| 4 Residence Oh the prem SEES from
the eud OF tue second year 10 TIE Gnu
| OF the sixth year. provided ihal Tue
maintenance by the treeholdel oI nis
/ home on such premises SHAH be sun
| cieut without his own constant pres
| euce thereon. -.
5. He shall not assign or snoieli
conditionally or otherwise, his inter
est or any part thereof under tue Tree
hold agreement; without the written
consent OF the sub agent endorsed on |
such agreement provided, that ne
may sub-let by paToi any part 3l tns
said premises less than the whole anu
not Including his residence, Tor tue
cultivation aud harvesting OF any crop
| on shares which does not require over
two yeara for its cultivation and har-
Further provided that freeholders
having the whole interest IN Tree
hold agreement may At any tune
when ali the conditions thereof to DO
performed by the freeholder up To sueh
time, shall have been substantially
| neIformed, surrender tn the Govern
| ment such interest by delivery OF the
freehold agreement to the sub,agsnt,
| with the Intention to surrender the
same clearly endorsed thereon anu
signed by them in the presence OF the
: sub-agent and attested by him, Such
surrender shall release the freeholders
= from all further duty OF performance
= OF the conditions Of the document SUR
= rendered. but no such surrender shall
!" be permitted il any of such treeholders
= are under the age OF eighteen years
unless such minors are represented Dy
statutory guardians; and
Further provided, that any Tree
| holder over the age OF eighteen years
= may assign his interest To his CO.
= | tenants.
. 81 He shall nOi manufacture for sale
y or sell distilled or fermented liquors,
y onium or smuggled goods, or permit
the same To be done on the sala
= premises.
d Conditions In any freehold agree
20 ment for the prevention of weste, the
: protection of trees growing or To be
planted ON such premises, or for the
- destruction OF vegetable pests tna'
NAV be on such premises, or the pre-
se ventiOn OF the future Introduction o.
OF 5. He shall allow the agents of the
p Government at all times to enter anC
AZ examine the premises.
O PAYMENT of all taxes that may
- be due on account of the SAID premises
u II, ~ nafanlt
IN payment of any OF the said install
al msnts for thirty days after the same
p are due respectively, or failure OF per
on foTmance OF the second, third, fourth
10 fifth, sixth, seventh or eighth OF tn
cd said conditions, the interest OF tn
y freebooter in the premises snaiI cease
and the freehold agreement shall o
= void.
~ And il it shall appear at the end c
ch sly years from the date OF the free
u hold agreement that the freeholde
eN has failed to perform the said mint
u condition, his interest in the premise
- shall cease and the freenold agree
ne ment shall be void, unless he sha
nav such unpaid taxes forthwith
NO provided that the Don-payment OF an
faxes assessed on the premises whlc
so nave been disputed and made the SUI
us feet of litigation with the Cover
Sc ment- shall not be considered moi
AHe perfornance of the said condition.
FoEFEIrUREs AND sURRENDERs.
GEc 81 Upon the forfeiture of
AN rioht of purchase lease or q freeho
agreement for non-performance OF
-. conditions, the premises with u
- neFuapent improvements snail
no Appraised by the Surveyor-Gener
and sub-aaeDt in one amount, and q
leu agent Of public lands shall thereuP'
- by advertisement declare such PREF
ZIG ises open TO settlement according
LofI the provisions OF section 3, but
TAI yearly rental IL the premises q
TleS ne leased shall be based upon such Nc
Dlo annTaisennent which shall be the
AM set priee if they are disposed OF a.
! Oe cssh freehold. The methods, cone
- tions and requirements for olsPo5I
sbSI ~ such premises TO q new tenant sh
az correspond to those provided for q
Ises, rosineS them to the original lessee
L., freeholdeT.
ing $40. -. Upon 3 surrender Of
AIeu ri0bt of purchase lease or freeht
- aoreeroent the Surveyor General
- sub-a1ent shall appfalse ana su
s4O- sAr,arateIV the value OF the perman'
eWs- frdryoveroeDts and the unimpTo1
tlon 7 vaiUe of the premises, and the sal
= IN sbaII be disposed Of substantial
'UTh according to the provisions OF sect
- Is; and the value Of the Permans
improvements shall When iecel'
by the Government from the. n
Il S.re tenant, be paid TO the surrender
49, Iessees or freehOlders.
enSo SEC. q. Provided, however, .
such uPJJn ~ .Sr.nT,ssa IaasA or freeI,
agreennent or during the tventy-f
,urth yea on rosv decide TO rese
gent, coli ia a., ry,bIic use or otI
IN = wise, or to dispose of the same IN &c
= 20 other manner provided in this
1.d than "a right OF purchase ieaset
au I or cash freehoId and proceed acet