The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-07-25


torney General. just rendered ant
made public for the first time through
Sub-Land Agent williams at Hilo, al
holders of right of purchase lease:
whose rights have not been officially
terminated by the Land Commissioner
are permitted to fulfill the terms OF
their leases as though no breach OF
condition had occurred. In other
words, failure on the part of the Land
Office to cancel leases when breach OF
condition occurred Is a waiver of the
right and homesteaders may from this
date fulfill the requirements of their
| tenure as under a new lease.
The text of the Opinion No. log in
full is as follows:
Honolulu, June 2s, 1905.
Hon. James w. Pratt, Commissioner OF
! Public Lands:
Dear Sir-In answer to your request
| for an opinion as to the Interpretation
of Sections 81, 81 and GA of the Land
Act, where tenant has not complied
| with the terms of subdivision 2 of Sec
ton 81 as to residence, but has later
taken up his home upon the premises
and lived there continuously, l would
reply as follows:
We call your attention to opinions
Nos. 152 and 155 of this office for the
year 1904, giving in general the law
applica BILE to these subjects.
Upon further consideration of the
sections of the Land Act referred to
above, have come to the conclusion
that Section Ga provided for different
class of cases from those set forth in
Sections 81 and 62.
Section 81 is mandatory. 1t provides
certain conditions which must be sub.
stantially fulfilled ESPECIALLY relating
to rental in advance, maintenance of a
home. cultivation of twenty-five acres,
and non assignment of lease.1
Section So provides that the viola
ton of any of the conditions shall be
sufficient cause for the Land Commits
sioner, with the approval of the Cover
nor, to take possession of the prem
ises. The section gives him an option
whether or not to declare a forfeiture
If he does not declare such forfeiture
and the tenant fulfils the provisions
of Section Ga, to wit, reduces to cultiva-
ton twenty-five per cent of said prem
ises, and resides for two years there
on" and substantially performs all the
other conditions of Section 62, the Com
missioner, not having declared a for
fixture in the meantime, is estopped
and the tenant Is entitled to his land
title.
Nothing, however, in this opinion
should be construed as interfering with
the absolute right of the Land Com
missioner, with the approval of the
Governor, at any time after the breach
of any condition contained in a lease
or grant and set forth in Section 81. to
declare a forfeiture up to the time
when the conditions in Section GA have
been absolutely fulfilled.
have the honor to be, yours respect
fully,
(Signed) LORRIN ANDREWS.
Attorney. General.
This decision affects practically every
homesteader under the right of pur-
chase plan, nearly every one of whom
in one particular or another have neg
lected to perform the conditions of
their leases. Because of the failure of
these leaseholds, the department has
decided to give chance to homestead
ers whose patents are pending or who
attend to apply for patents, to fulfill
the conditions. By residence is meant
actual and continual residence. Main
tenance of home is considered to be
the place where mans family re-
sides. The maintenance of a house
merely is not regarded as home.
The decision is based upon decisions
of the United States Land Office at
Washington, b. C. The squatters at
Pahoa village and along the Kaumana
road will be given an opportunity to
lease their holdings under general
lease under the law which permits
aliens to hold real estate in the Ter
ritory. If, after survey and a reason
able length of time, they fail to do so,
they will be evicted with the privilege
of removing their buildings.
KOA ON THE MAINLAND.
A. Richley, who is now on the main
land creating a market for Hawaiian
koa timber, writes the letter printed
below to the Herald:
Washington, June 20, 1905.
have just returned from the super
vising architects Office where / had