The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-07-08
THE NEW AGREEMENT.

| THE NEW AGREEM ENT.
The following is the new form of
| agreement as it has been formulated.
Under it Land Commissioner Pratt is
ready to open up lands fof settlement
! at once in various parts of the Terri,
tory. Among these lands will be the
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
$780,. by and between
.., 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 ", Sec
ton II, of Land Act 1895 (Section 276,
Revised Laws of Hawaii), upon the
terms and conditions hereinafter set
forth, that certain land designated as
Lot No. 80, Government Survey Reg
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 $1,000,
l9O..., SAID being the
highest qualified bidder, became the
purchaser of said land for the sum of
$500. dollars, and has this day paid
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
% 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 (10) years after the date of
sale any or all installments 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 cuI-
tivation at least ten (10), twenty coy,
thirty (30), forty (40) and fifty (5O)
per cent. of the arabic area of said
laid, hereby agreed to be 49,. acres,
and shall have an average of at least
five ~, ten 10), fifteen (15), twenty
(20) and twenty-five (25) growing
trees per acre upon the remainder of
said land, hereby agreed to be 49,.
acres, two ~, three (3), four a., /
five 90 and six (6) years respectively
after the date of sale, and after said |
six (6) years shall maintain at least |
fifty (50) per cent. of said arabic area
under cultivation and an average of /
at least twenty-five (25) growing trees
per acre on the remainder of said land |
until III. is entitled to patent for
said land.
The purchaser shall maintain h.
home and reside upon said land at |
least five (5) years during the first
ten (10) years after the date of sale,
and no period of less than six (6) |
months of continuous residence at said |
home shall be held to be part of said !
five (5) years.
The purchaser shall allow the com
his agents and representa-
tives at all reasonable times to enter
and examine said land and the inn
provements thereon;
The purchaser shall not, without the
written consent of the commissioner
thereon. sell, assign. lease, !
mortgage or otherwise transfer or dis
pose of this agreement or any rights .
or said land or any part !
thereof or interest therein;
The times limited herein may be ex-
tended by the commissioner with the
of the Governor for good and
sufficient reasons upon its appearing to .
their satisfaction that an effort has .
been made in good faith to observe
and perform the covenants and eondi-
tions;
Ten 00) years after the date of
sale or at any time thereafter, if all
the covenants and conditions have been
and performed. of which OBJ
servance and performance the pur-
chaser shall make affirmative proof. /
the purchaser shall be entitled to a /
patent conveying said land in fee
simple.
In caSa ofa1afouT+ In tho parfory,,