Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-01-14

1t is proposed by the government to
convey the water rights of Nahiku,
Maui, by lease from the COMMISSIONS r
of Public Lands to the highest bidder
at public auction. In the following
abstract of lease as approved by the
executive council yesterday. the Com
missioner on behalf of the Territorial
Government is described as the lessor.
and the purchaser as the lessee.
In consideration of the rents, cove.
nants and agreements stated in the
lease, the lessor demises and leases to
the lessee, his executors. adninistra-
tors and assigns "all thar certain tract
or parcel of forest land in possession
of the government of the Territory OF
Hawaii, situate in the District Of Koo-
lau, on the Island of Maui, Territory
aforesaid, lying between the eastern
boundary of the lands Of Honomamu
and the western brink Of the West
Wailua-iki stream" More particularly
described, II Is shown that the gulch
of Wailuaikl is the next gulch west
ward of the gulch that bounds the
western side of Grant No. 1864 in Ka-
liae, while the tract extends from the
ocean to the boundary of Haiku above.
containing an area Of 1880 acres,
more or less.
The lessee is to have and to hold the
premises described subject to vested
interests Of third parties. for the term
of twenty-one years. He Is to pay the
annual rent in gold semi-annually in
advance. over and above all taxes
charges and assessments to be levied
or imposed thereon by legislative au-
thority. All costs and charges for
fencing the land are to be borne by the
lessee. whether such fencing be re-
quired by the lease or desired by the
lessee, or be required by any law now
In force or hereafter to be enacted, and
the lessee must indemnify the lessor
from and against all damages, costs,
expenses and charges which the lessor
or the government may at any time
sustain by reason of any neglect or re-
fusal Of the lessee to perform this con.
dition Of fencing.
II Is stipulated that the lessee will
not do or permit any waste, spoil or
destruction upon the premises, or cut
down or permit to be cut down any
trees, or clear of any forest or under
growth. except for the purpose OF
fencing the land or for domestic pur-
poses of the lessee, etc. or for the de-
velopment. storing. transporting or
otherwise utilizing the water upon the
premises. He will not make or suTer
to be made any fires that will injuro
the forest, and will use every endeavor
to protect the growth OF forest and I'M
derbrush now upon the land. and re-
new such where absent or in process OF
diminution. He will not hermit any
livestock to run upon the land and,
at his own expense. within a reason
able time shall build and maintain a
fence on the upper side of the new
Government road, along its entire
length, to prevent stock from tres.
passing on the land.
At the end or sooner determination
OI lut ltdSfs Ht VIII thhA
quietly yield up unto the lessor all and
singular the premises demised with
all erections, buildings, fumes aud I'M
provements of whatever name or na-
ture, now upon or which may here
after be placed on the premises. IN ~
good order and condition in all re-
speCts (reasonable use and wear
thereof eXcepted) as the same are at
present or may hereafter be put By the
lessee.
Assignment of the lease is forbidden
without the prior consent in writing OF
the lessor, and the lessee shall net
carry on any AGRICULTURAL operations
on the premises.
Besides the peaceable occupation OF
the demised premises, so long as all
the conditions are observed. the lessee
Is given the privilege of entering IN
and upon any and all lands OF the
government lying between Nahiku and
Maalaea bay, or Honomanu and Hama,
for the purpose of constructing, erect