The Hawaiian gazette., 1912-09-20

4 heretofore mentioned, all the sugar /
cane that shall be produced on the re-
spective lands of the parties Of the Sec
ond part, and upon any lands not now
owned by them hereafter acquired adj |
iacent thereto, during said term of
thirty years.
1l--That they will submit any and
all differences that may arise between
the parties Of the first part and the |
parties of the second part 10 the de-
cision of arbitrators, two of whom
shall be chosen by the said parties of
the first part and two by the said party
Of the second part, who in case of ina.
bility to agree, shall select fifth ar
bitrator and will respect and abide by
the decision of said arbitrator, or any
three of them, as the case may be.
12-That If at any time during the
term of this agreement, the Home
steader shall fail to keep three-fourths
of his land in cane, or cultivate har-
vest or deliver his cane, as aforesaid,
unless prevented by act of God, then
the Mill or any person it may name
to represent it shall have Tree ingress
and egress to, across, over and from
the said land aud may, at its option,
plant, cultivate or harvest the. crop
as the case may be. In any such case,
the Mill shall charge the planter in
question the full cost of the work
done, including labor, superintendent
and material, together with interest at
the legal rate on such cost, Based on
the net market price of sugar at
(bank) on the day upon which ware
house receipts would issue for the
sugar produced from said land of the
delinquent planter the Mill shall have
a right to deduct and retain, without
further authority, from the sixty per
cent of the said sugar and waste mo-
lasses which would ordinarily pertain
to the said delinquent planter such an
amount as may represent the afore-
said full cost and interest thereon,
thereafter delivering the remainder
the cane had been produced in due
course. For the term of this agree
ment, the Homesteader hereby grants
to the Mill free right to enter upon
his lands and to examine the crops
J thereon.
: In case of such failure on the part
of the Homesteader, such remedy on
the part of the Mill shall not extend to
| an Immediately succeeding crop, but if
such failure on the part of the Home
steader extends to such succeeding
| crop, the Mill may foreclose, etc, that
is, sell the land, subject to the re-
strictions of the Organic Act and to
this agreement and pay the proceeds,
J less costs, etc., to the Homesteaders.
, 13-That he will allow the Mill, and
it may, and shall remain, as its share
or proportion of the sugar, and as full
compensation for it's services rendered
hereunder, except as otherwise herein
: specifically set forth, forty per cent of
all the sugar and molasses produced
from the cane hereunder furnished, and
all the bagasse from all the cane
ground, or at the option of the respec-
, tive Homesteaders forty per cent of
: the net proceeds of sales of sugar plus
forty per cent of the molasses, and all
the bagasse from all the cane ground,
and all earnings above ten per cent in
! terest on investment shall be divided
among the Homesteaders in proportion
to the amounts of cane furnished by
3 them or from their lands to the Mill.
l 14-That this agreement and all of
the terms, covenants and conditions
shall run with said lands and be bind
: ing upon the heirs, executors, admins
: traitors and assigns of the Home
steaders.
:. Mutual Covenants.
9 And it is hereby further mutually
agreed:
g THAT said Homesteaders shall
T not be bound to make delivery of cane
as aforesaid until notified by the NH
that it is ready to accept such deliv
cry; and that in case the Mill does moi
+ notify the Homesteaders that it is SC
ready to accept such delivery of cane
y prior to blank date), then in that case
u the Homesteaders may thereafter al
o their option cancel this agreement and
y be thereby released from further obi
5 cations hereunder, provided, however
l. that such delay is not occasiOned by
:, cause beyond the Mills control.
2-That the terms of the Mill ant
Il the Homesteaders as used in this agree
Il ment shall include the party of tn,
> first part and any corporation or join
J. stock company to which he may assign
Q this agreement and the legal success
= ors or assigns of such corporation o.
70 Joint stock company, and each party o
. the second part, his heirs, executors
= administrators and assigns, respective
II ly, wherever the context and meaning
u hereof may so require.
r ANY one of the parties of the sec
: ond part may at any time have tn
~ weighing apparatus of the party of tn
a first part tested by the proper govern
q. ment officials and the weight record
Q. of the said party of the first part shal
is be at all times open to examination b,
Is any of the parties of the second par
<. insofar as the same may concern hin
10 personally.
n. All accounts between the partie
al of the first part and the parties of tn
s. second part, and each of them, shall b
a. regularly balanced and stated with
IN the first twenty days of November an
or July, respectively, of each year, bu
ir any of said parties shall have the RICH
to have his account with the party G
Il. the first part balanced and stated
ne any other time by making a ten days
r. previous request in writing to tina
effect.
Il. The weights and measures referre
v. to in this contract are those of I'll