Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1901-12-30

o the township system, whenever
and such townships shall I
70 subdivided into sections containing
iix hundred and forty acres, as nearly
Ia may be: such sections shall be fur
her subdivided until forty acres. as
iearly as may be. shall constitute the
smallest legal subdivisio,
Whenever survey according to tho
township system ls not practicable.
hen such lands may be surveyed into
lots containing forty acres, as nearly
~ may be. and as nearly square as
The nature oil the ground will permit.
Such lois shall be properly numbered
and described in such manner as the
Commissioner Of the General Land OF.
flee may direct.
When survey Is made In irregular
form, roads not exceeding four rods
and not less than three rods in width
shall be located. approximately. one
mile apart each way. conforming as
nearly as practicable to section lines
and upon a grade. II possible. not ex.
ceeding 12 per cent. Such roads, TO.
gether with two rods In width on and
along each side OF all section lines in
regular survey, shall. upon the approx.
al Of such survey by the Commission.
er OF the General Land ONCE, become
the public property OF the Territory
Of Hawaii In the same msnner and for
the same purposes rs provided In Sec
ton OF this Act.
Third.cIass Filing Fee.
For all lands OF Inc third class the
filing fee to be required OF and paid by
the entryman shall be at the rate Of
twenty-five cents per acre or fraction
OF an acre. In addition thereto, at the
time OF making final proof, the entry.
man shall pay for ...e lanu embraced
In his entry at the rate OF one dollar
and twenty-five cents per acre. No
person shall be permitted to enter
more than one hundred and sixty acres
OF lands OF the third class, which shall
be In contiguous form and located In
one body. conforming to the lines OF
survey: Provided. however. that II any
number Of sucn lots or subdivisions
shall contain an area not exceeding
one hundred and seventy acres, all
such lots or subdivisions may be EN-.
braced In one entry upon payment by
the entryman at the time OF filing of
twenty-five cents per acre or traction
thereof. and at the time of making
final proof the additional sum of one
dollar and twenty-five cents per acre
Tor such excess. Any entry made for
one hundred and sixty acres, more or
LEGS, OF lands OF the third class shall
exhaust the homestead right OF the ap.
plicant. who shall thereafter be pro.
hibitcd from making any entry for
lands OF the second or third class.
The settlers who located and set.
tied upon public lands herein designat.
ed as third-class lands prior to April
30, 1900, and who have made substan.
tial improvements thereon, shall have
preference right OF ninety days after
the land Offices herein provided for
shall have been established and duly
opened for business In which to per.
feet entry for the lanos on which they
settled, not exceeding one hundred
and sixty acres, conforming to the
lines OF such survey as shall be made
o. approved by the Commissioner oil
the General Land Office. Such entries
shall III all respects conform to the re.
diirements of this Act rs to lands OF
the third class. and settlers upon any
OF the public lands herein designated
as lands OF the third c.ass who have
entered such lands through the Com
missioner of Public Lands for the Ter
ritory OF Hawaii, and who are residing
upon the land SO entered at the date
OF the approval Of this Act, which fac,
as to residence shall be proven to the
satisfaction of the register and receiv
er by not less than two credible and
dislnterested witnesses and In the alb
sence OF any ADVERSE rights, ma,
transmute such entries to Homestead
entries under the provisions of thi.
Act: Provided, however, That in cases
where such entry was made by q
married woman the transmitted entr,
shall be made in the name of her hus
band, as the head OF the family, ant
In cases where both husband and VIII.
made such entries only the land EN-
braced In the entry made by the hus
band may be transmitted. Such trans
mutation shall be made In accordance,
with such rules as the Secretary OF tn,
: Interior may direct. and the appiicaI
shall possess all the qualifications re
auired by this Act 10 enter lands o
the third class. In cases of transmu
tation credit shall be allowed for al
payments made to the Territory o
. Hawaii to be deducted from III,
amount due at the time of maxim;
final proof and upon return of tn,
vouchers for said payments. All en-
tries may be contested, for any cause
to clear the record
Sec. y. That any applicant for publ
lands OF either the second or thir,
class shall not be the owner, holder
or lessee of any OF the other lands
either public or private, In the Terri
tory OF Hawaii or In any State or Tel
ritory OF the United States, either II
his own or his wife's name, except on
, lot in any city or town not exceeding
, one acre, but have entered any publi
land or having acquired title there.
In the Hawaiian Islands or in an,
, State or Territory Of the United State
: prior TO July z, 1898, shall not disqual
| lily such applicant to enter any publ
. land in the Territory OF Hawaii m
: der the provisions OF this Act II tn
land SO entered or title acquired PIE
. vious to July Z. 1898. liz not owned o
, held by the applicant IN his own or Il
+ his wife's name at the time of maxim
/ application for public land under hi
, Act.
, Any person having entered publ
land in the Territory OF Hawaii unde
(. any provision OF law, in his own or |.
| his wife's name, subsequent to July
| 1898, shall be deemed to have exhaus,
!. ed his homestead right and he shal
y be prohibited from making a bom,
/ stead entry under this act, except 4
case OF .transmutation OF entry AS prS
yided IN section s. or upon restoratio
OF such right.
: Combines ELIMINATED