The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1908-11-12

the other considerations forming a
part of the purchase price are length
of residence, restrictions upon assign
ment or transfer, development Of land
by cultivation, and the expiration OF
a long period before a patent is is
sued The above terms are applica-
Bile to land which has not been pre-
viously under cultivation. II it should
be deemed advisable to offer for settle
ment purposes land which has been
previously under cultivation, the same
should be appraised and the price at
which the land should be offered, less
than such appraised value, should be
determined by the Governor and the
Commissioner Of Public Lands.
az CULTIVATION.
The amount of cultivation should
depend upon the character and situa-
ton of the land AMI the uses and pur-
poses for which the same may be uti-
lized, such amount to be determined
by the Land Commissioner with the
approval of the Governor, but in case
of first class agricultural lands, the
amount should not be less than so per
cent of the arabic land
60 RESIDENCE AND ATTAIN
MENT OF TITLE.
The title papers should not be Civ
en- the applicant until the expiration
of ten years. During this period there
shall be an actual residence on the
land of not less than five years. The
residence should begin not later than
at the expiration of the third year,
and the period of continued residence
at the settlers home upon the land
should not be less than six (6) months
at any one time. This provision taxi
en- together with the provision for eX-
tension of time within which to COM
pete conditions for good and suffi-
cient reason shown as appearing here.
after should not work a hardship on
bona fide settler. TO some this
may seem a long period of time, but
if the settler is DESTROYS of making
the land his home, it SENS reasonable
that there should be no objection as
to this length of time before a patent
/ is received A certain amount of lati-
tude has been given as to the time
within which actual residence on the
land shall commence. This has been
| deemed advisable for the reasons
among others, of the time required
for the maturity of crops; the offering
of an opportunity to earn money to
develop the land and to allow for a
period at which tho land may be said
to be income producing, or at least
partially so.
CO. RESTRICTIONS ON ASSIGN
MENT OR TRANSFER OF
AGREEMENT OR INTER
EST THEREIN.
No sale, assignment. lease or mort
gage or other transfer or disposition
of the agreement or rights thereun-
der or the land or any part thereof
or interest therein should be made
without the written consent of the
Commissioner OF Public Lands with
the approval of the Governor. The
question has arisen as to placing 9TH
er conditions or restrictions to prevent
the cultivation of the land by Others
than the applicant himself. At this
time the Commission is not prepared
to suggest anything further owing tt
danger of placing such stringent res
trictions upon the use of the lant
that the settler might not be able t.
make bona fide use of II in the mat
ter of obtaining assistance to farm tn,
land in bona fide manner himself
% EXTENSION OF TINE TO COM
PLETE CONDITIONS.
That the settler who Is making ;
bona fide attempt to farm the land ma.
be encouraged, the Commission deem
it advisable that in case of sickness
disability, failure of crops, or for 9th
er good and sufficient reasons, on ac
count of which the settler may desir
an extension of time to complete hi
conditions, he may with the approva
of the Governor obtain the necessar
: relief
(S) NOTICE OF FORFEITURE.
} Before a forfeiture may be declared
| IlC hClllSl ohOuiu NhAA ~ NoN
days notice of the same and of tn
cause.
: SALES UPON FORFEITURE.
Upon the subject of forfeiture sale
there appear sections In other Sec
lions of the Land Act particularly re
ferring to Right Of Purchase Lease
= and Cash Freeholds providing for a
appraisement and sale Of the perma
? nent improvements for the benefit {
the settler Similar to these section
3 provision should be made that b,
2 fore a forfeiture sale, the value of tn
= permanent Improvements and Il
growing crops, If any, should be al
praised separately as one item, an
the unimproved value of the land S,
1 parately appraised as another tier
e Upon the forfeiture sale which shou
4 be held expeditiously AFTER the fin
a 4 % A