The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-10-28

Act, 1885 permits
Crown Land Ostain paieai
that and additional saias 80 upoa a"
sOaditOas does
NIT n pa;eni covered b.
his lease obtain after The 'sraoa
MS lease and IN consequence OF Improvements made serea A''
the termination Of his lease and his acquisition o: the %
OPINION or THE COURT ny rREAR J.
This submission upon agrccd of facts under
Sections ls55-i35s II the Civil laws.
The material facts agC-l upon The plaintiff r 4.
Ioran at the date Of the the Land Act; 1895,
the holder If lease from the of Inds 81
Lot ssi containing i7ss IN the AhuPuaa 81 oaa, Dis
ct of Puma Island o Hawaii: 1896 under provisions
81 Part N IT the land Act he applied for the saii IN
representing that hc had fifteen pr cent, 81 the
Walton with coffee, fruit. field garden crops improve
en 81 House AMI extra cultivation thereon 81 the Vau of ssoo
in addition the -ad fifteen Tr cent the Il Public
Lands for the District found that there
under cultivation and that the value f $50:
the application accepted aud in due Patent iuc
to- Koran for the lot; Koran has continued live
the time and has the entire under cultivation
and has improvement thereon valued and expended
thereon $4,000; he has applied additional
namely, Lots 1O7, los aud iOa in the Oaa Survey
his application has been denied by the defendants lie
that hc has right under said Part IN Of the pur
chase these additional lo their appraised value
the defendants lie ordered him patent
receipt of the appraised value.
ton sc of the said Land Act Civ l. sGo) portion
which material o this Ease Is rs follows:
Section &c ANY person holding land individually con
junction with Others situate IN the Ahupuaa of Oaa District Of
Puma the island of Hawaii under lease from the Ccnm
one of Crown Lands mot rcscrng for the three
five of such lease shall after the raymcn;
Of rent which hereby reduced for such leases dollar
annually in the of all rcscrying larger
upon the improvement Of les than fifteen Per of the
Of the land bc the satisfaction cf c
oncr which improvements include the bona lid. uliira
ton OF coffee or fruit field garden all Of such
crops and payment the Commissioners OF the unimprcyed
value OF the premises to - patented according o the apfa
stated in - entitled from the
Land Patent for portion Of his leased prcmi in parcel
within hundred In and including improved
portion, If all the conditions at such lease b. performed ~
such lessee mp such time. shall have becn substantially per
formed.
Provided however condition five Of such lease for t.
purpose of making such lease good shall be deemed
substantially performed when shall
have been made such premises the aggregate
hundred dollars No Land Patent however shall lie issued for
portion 81 said premise improvements cultivation
the of hundred dollars addition fifteen I.r
above named shall have been shown have made
ANY such person a. aforesaid whose lease covers L.. than
hundred of land and who improved
thirty thereof shall upon fulfilling the above mentioned
quicmcn have the privilege Of purchasing additional
according the appramcDt stated In provided
aggregate Of las holding shall cxcc hundred
acres. !"
This section provides classes eases m person
holding Oaa land leasc II Whdfero may obtain
patent for such portion Of The I1nd shall
chan which tc cultivated part fifteen pr cont
which shall exceed hundred in all C) any
whose lease less than faro hundred may OIL
tain Patent for the additional Iund IN all not 3;
exceed hundred provided lac iap,or,d NO,
than thirty Thereof (ffcn Ter hundred scT
The plaintiff applied for AMI obtained hs patent under ;
first part Of the section Thi, i shown y ac, tai DC stated
in lass application that lac hal fifteen Per cent Il las Ioi Of
under cultivation and that the Sub Public Lamb
found that he had about under cultivation lie could
have applied under the part the section unlss.
fad thirty under cultivation Having obtained patent fo'
I'll the land covered by his lease under Ir7 tlc ~
ron hc seeks obtain patent Il additional larl under the
second part 81 the section.
When he obtained his patent Tor tc whole 4 Tia. covered
M the lease the lease terminated Ia such the lease would
ratnrallv merge the patent, and that il would snc