The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1909-11-02


in question exceeds eighty acres;
Provided, that these prohibitions
shall not apply to transfers or acqui-
sitions by inheritance or between
tenants in common.
Any land in respect of which any
of the foregoing provisions shall be
violated shall forthwith be forfeited
and resume the status of public land
and may be recovered by the Terri
tory or its successors in an action
of ejectment or other appropriate
proceeding. And noncompliance
with the terms of any such certifi-
cate, lease, or agreement, or of the
law applicable thereto, shall work a
forfeiture of all rights Hereunder
and entitle the commissioner, with
the approval Of the governor, with or
without legal process, notice. demand
or previous entry, to retake posses
sion and thereby determine the es.
tate: Provided, That the times lin.
tied for compliance with any such
terms may be extended by the com.
missioner, with such approval, upon
lis appearing that an effort has been
made in good faith to comply there.
with.
"The persons entitled to take UNI
der any such certificate lease or
agreement, may be determined by
drawing or lot, after public notice
as hereinafter provided; and any Loo
not taken, or taken and forfeited, or
any lot or part thereof surrendered
with the consent of the commission.
err, which is hereby authorized, may
be disposed of upon application at
not less than the advertised price by
any such certificate, lease or agree
ment without further notice The
notice of any sale, drawing or allot-
ment of public land shall be by pub
lication for a period of not less than
sixty days in one or more newspa-
pers of general circulation publish
ed in the Territory.
THE commissioner, with the ap.
proval of the governor, may give to
any person who has, or who and
whose predecessors in interest have,
improved any parcel of public land
and resided thereon not less than
ten years Immediately preceding the
date of application a preference right
to purchase so much of such parcel
and such adjoining land as may rea-
sonably be required for a home, at a
fair price to be determined by three
disinterested persons appointed by
the governor, in the determination
Of which price the value of improve
ments shall, when deemed just and
reasonable, be disregarded.
"The commissioner may also. with
such approval, issue for nominal
consideration, to any church or reli-
gious organization, or person or per-
sons or corporation representing it,
patent for any parcel of public land
occupied continuously for not less
than ten years heretofore and still
occupied by it as church site UNI
der the laws of Hawaii.
mo sale for other than homestead
purposes and no exchange, by which
the Territory shall convey land ex-
ceeding either forty acres in area or
five thousand dollars in value, and no
lease of agricultural land exceeding
forty acres in area, shall be made
without the approval of two-thirds
of a board appointed as provided in
section eighty of this Act, and until
the legislature otherwise provides
said board shall consist of six mem
bers and its members be appointed
for terms of four years.
"All lands in the possession, use
and control of the Territory shall
hereafter be managed by the commits
sioner, except such as shall be set
aside for public purposes as herein
after provided; all sales and other
dispositions of such land shall be
made by the commissioner or under
his direction, for which purpose. if
necessary, the land may be transfer
red to his department from any other
department by direction of the gov
ernor, and all patents and deeds of
such land shall issue from the office
OF the commissioner, who shall coun-
terslgn the same and keep a record
thereof. Lands conveyed to the Ter
ritory in exchange for other lands
that are subject to the land laws of
Hawaii, as amended by this Act,
shall, except as otherwise provided,
have the same status and be subject
to such laws as if they had previous
ly been public lands of Hawaii. All
orders setting aside lands for forest
or other public purposes, or with
drawing the same, shall be made by
the governor, and lands while so set
aside for such purposes may be man
aged as may be provided by the laws
of the Territory. The commissioner
is hereby authorized to perform any
and all acts, prescribe forms of oaths,
and, with the approval of the COVER
nor and said board, make such rules
and regulations as may be necessary
and proper for the purpose of carry
ing the provisions of this section and
teh land laws of Hawaii into full
force and effect.
SecA 6. That section eightyfour
OF said Act is hereby amended to
read as follows:
Sec. a. That no person shall sit
as judge or juror in any case in
which his relative by affinity or by
consanguinity within the third de-