The Hawaiian gazette., 1908-07-10

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ditions we can place in the agreement.
Other kinds of conditions which might
aid in securing the purposes designed,
must be left for the consideration OF
land commission which it is planned
to create, commission of five, to CON
slider all suggestions on the subject and
to investigate the needs, and to report \
something concrete for presentation to
and needed amendments in the law can.
not be made
THE NEW AGREEMENT.
The following is the new form of
agreement as it has been formulated.
Under it Land Commissioner Pratt is
ready to open up lands for settlement
at once in various parts of the TERRI.
tory. Among these lands will be tho
pineapple lands in Kaneohe about
which so much has been said of late.
provided the lease of these lands is
surrendered at this time.
Territory of Hawaii. Special Agree
ment No. -. (sale on time payment).
This agreement, made this -. day Of,
......., 100. by and between
! l............, Commissioner of Public
Lands of the Territory of Hawaii, here
matter called the Commissioner, and
........... of ........, County of
........, Territory of Hawaii, herein
after called the Purchaser,
Witnesseth: That Whereas the Com
missioner, with the consent of the Gov
ernor of Hawaii, has set apart for sale
at public auction, under Part w, Sec
tion IL, of Land Act 1895 (Section 276,
Revised Laws of Hawaii), upon the
terms and conditions hereinafter set;
forth, that certain land designated at
Lot No. -, Government Survey RegA
istered Map No. 49,, situated at \
........, County of ..., Terri
tory of Hawaii, more particularly de-
scribed as follows:
And Whereas at such auction sale.
, previously advertised as required by
law and held in ........, Territory of
Hawaii, on the -. day of ......,
i9o. =, SAID .:........ being the
purchaser of said land for the sum of
l uoiiaiS. anu bulS udy Da1u
to the commissioner the sum of
........ dollars, being five (5) per
cent. of said purchase price, as re-
quired by the conditions of said sale.
+, Now Therefore, the commissioner, in
consideration of the above payment,
the receipt whereof is hereby acknowl-
edged, and of the covenants and con-
| ditions hereinafter set forth to be OBJ
served and performed by the pur-
chaser, hereby authorizes and empow-
ers the purchaser to take immediate
possession of said land and to occupy
and use the same subject to the fol-
lowing covenants and conditions:
In addition to the five (5) per cent
paid as aforesaid, the purchaser shall
pay to the commissioner five (5) per
cent, of the purchase price two (2)
years after the date of sale, and FIVE
(5) per cent. of the purchase price at
the end of each year thereafter until
the entire purchase price shall have
been paid; provided, however, that the
purchaser may, if all covenants and
conditions have been observed and per-
formed up to that time, pay to the
commissioner on any pay date not less
than ten QO) years after the date of
sale any or all instalments then re-
naming unpaid;
, Unpaid installments of the purchase
price shall bear interest at the rate
, of six (6) per cent. per annum from
ten (10) years after the date of sale,
payable annually by the purchaser to
| the commissioner on said pay dates;
In addition to the above and as part
of the consideration the purchaser
shall pay all taxes, charges and assess
ments that may be levied or assessed
on or in respect of said land or any
interest therein;
The purchaser shall have under cul-
tivation at least ten (10), twenty (20),
thirty (S0), forty (40) and fifty (5O)
: per cent. of the arabic area of said
laid, hereby agreed to be ...... acres,
and shall have an average of at least
: five (5), ten (10), fifteen Q5), twenty
a (20) and twenty-five (25) growing
y trees per acre upon the remainder of
said land, hereby agreed to be ......
: acres, two (2), three (3), four az,
d five (5) and six (6) years respectively
s after the date of sale, and after said
g six (6) years shall maintain at least
fifty (50) per cent. of said arabic area
. under cultivation and an average of
e at least twenty-five (25) growing trees
g per acre on the remainder of said land
l. until ..h.. is entitled to patent for
l
said land.
y The purchaser shall maintain h.
@ home and reside upon said land at
least five (5) years during the first
ten Q0) years after the date of sale,
and no period of less than six (6)
'e months of continuous residence at said
g home shall be held to be part of said
Ie five (5) years.
The purchaser shall allow the com
- missioner, his agents and representa-
y tiyes at all reasonable times to enter
lie and examine said land and the inn
ps provements thereon;
= The purchaser shall not, without the
:" written consent of the commissioner
or indorsed thereon, sell, assign, lease,
at mortgage or otherwise transfer or dis
IN pose of this agreement or any rights
:, Hereunder or said land or any part
~ thereof or interest therein;
The times limited herein may be OK
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