The Hawaiian gazette., 1907-02-05

sonabie hours the original survey TO
remain on file In the once OF the COM
mission. subject 20 like inspection.
o. Notice BY publication 10 be given
by the commissioner. OF lands no sur
veyed, set apart and opened, not only
locally. but also In cities on the main
land. situated In populous centers.
which notice shall be published for a
sufficient time In advance OF the day
therein Indicated on and after which
the lands therein briefly described shall
be set apart and opened for occupation,
settlement and acquisition, to enable
possible applicants convenient time
and opportunity for presenting and FL
ing their applications. and shall also
state briefly the number and area of
each lot. the appraised value of each.
the general character OF the soil, the
altitude of the land, its suitability and
adaptability for agricultural or pas
toral purposes. and II suitable and
adapted to agricultural purposes tn,
kind of crop best suited thereto, or the
several kinds of crops, IL suitable for
more than one.
TO- In case of two or more applica-
tions for the same specific lot, the one
whose application is first received shall
have the preference. Any applicant
may, however. apply for lot Of par
ticular class in a tract of land, COM
prising one or more of the classes of
land, subject to the provisions of this
act, so opened and set apart, without
specifying a particular lot in that par
ticular class. and In case more than one
application is received for a lot in q
particular class of land, the right to
choose lot in the particular class to
which the several applications refer.
and the order in which such choice
shall be exercised shall be determined
by the drawing of lots or ballots.
IL. Any person over twenty-one
years of age, who is. or who has de-
clared his intention to become, a citizen
of the United States, as required by
law, who is laboring under no civil dis
ability, who has made no false de-
claration under the act, and who is not
the owner of any land in the Territory
of Hawaii in excess of the area allow
ed by the act, in each particular class
of land, may become an applicant. Pro-
vided, however, that any qualified per-
son may apply for one lot of wet land
in addition to any land of any other
description already applied for, where
such wet land is in the neighborhoo .
of such other land, and further. tn
any qualified person who owns less
than 40 acres of first-class agricultural
land, or less than so acres Of second
class agricultural land, or less than 100
acres Of first-class pastoral land, or
less than 800 acres of second-class pas
toral land, and who owns in fee no
other agricultural or pastoral land,
except wet land, shall be competent to
acquire such additional land of the
class already held by him as together
with such land shall not exceed, in
the aggregate the above mentioned
maximum quantity of such class, or
shall be competent to acquire addition
al land of some other description, ex-
cept wet land, in the ratio of ten parts
of second-class pastoral land, five parts
of first-class pastoral land and two
and one-half parts of second-class agri-
cultural land to one part of first-class
agricultural land, sufficient to make up
such maximum quantity relatively, ac-
cording to the class of the new or adj
ditional land applied for. Both hus-
band and wife, may not, however, be
applicants unless their marriage stat
us has been affected by decree of an
nulment, separation or divorce.