The Hawaiian gazette., 1912-09-20

site.
J 1.-The mill also agrees when 80 re-
j quired, 10 act ~ agent for the home
stcnders In the shipment and market
l ing Of their sugars and IN the purchas
i ing of fertilizer and any or all other
supplies which may be required by them,
/ receiving for such acrvicc and for any
other service rendered by the mill to
the homestoaders reasonable com.
pensation.
12-That except as herein otherwise
specifically agreed, the mill will charge
and accept as full compensation for tho
services rendered and agreed TO be rem
dered hereunder forty per cent of the
sugar and waste molasses manufactured
as aforesaid or at the option of the
homesteaders, forty per cent of the net
proceeds of sale of sugar manufactured,
and of the waste molasses
13-The mill further agrees that it
will admit no homesteader to this mill
ing compact at any future date on more
favorable terms than those given at the
time Of the signing of this original
agreement, and should any change Of
terms or conditions be made in favor
of any future planter coming in, every
such favorable change shall apply to all
planters previously in the agreement.
14-That any and all differences that
may arise between the mill and home
steaders shall be submitted to the de-
cision of arbitrators. one of whom shall
be chosen by the mill and one by the
homesteaders, who in case of inability
to agree shall select third arbitrator.
In case either party shall fail to appoint
an arbitrator within twenty days after
requested so to do by the other party,
or in case either arbitrator shall fail to
join in appointed third for twenty
days after so requested by the other,
such unappointed arbitrator may be APP
pointed by the circuit judge in whose
jurisdiction the property is located on
the application of either party after
ten days. notice to the other.
15-The times hereinabove fixed are
understood to be set unless preventd
from accomplishment by fortuitious
event or Wis major, which shall be un-
derstood in this case to include strikes
and general disturbance of the public
peace; provided also that there occur
no unforeseen delay in transportation
by sea of the necessary materials and
that there be no lack of labor, skilled
and unskilled, for the rapid installation
of the before mentioned utilities, it be-
ing expressly understood that if the
completion of the said utilities be de-
layed in consequence of. any of the
causes mentioned, the mill shall have a
) sufficient extension of the time beyond
the said date 10 complete said installa-
ton.
16-The mill shall be entitled to earn
ten per cent interest on investment, and
| q aFninc in of khot a
penses of maintenance, operation, inter
est, sinking fund and other expenses
shall be divided among homesteaders,
in proportion to the cane furnished, at
the end Of each year.
, Homesteaders' Covenants.
r And in consideration of the coyen-
ants and agreements on the part of the
Mill hereinbefore contained, and of
the sum of one dollar to each of the
Homesteaders paid by the Mill, the re-
Q ceipt whereof is hereby acknowledged,
the Homesteaders severally for them
0 selves, their heirs, executors, admins
traitors and assigns, covenant and UNI
= dertake and agree:
5 THAT each will for period of
0 thirty years from the date said Mill
g notifies him that it is ready to take de.
l livery, deliver to said Mill all cane
: grown by him on his lands in said
(district) said lands being the proper.
ties of the respective parties of the sec.
ond part in the said districts and gen
orally designated and described as set
!. forth in the schedule hereto attached
q and made part hereof.
;. Such delivery shall be made at des
q ignated points upon or along the side
E of fumes, wireways, roads or railways
a as the manager of said Mill may agree
a upon with the Homesteaders or theil
| agents.
e 2-That each Homesteader as 8
party of the second part hereby agree:
and binds himself, his heirs and execu
y tors, administrators and assigns, upOI
y being so required by the Mill, the party
u of the first part, or its assigns, to sigI
> such documents as may be necessary t.
= obtain the registration in the Registry
u of Deeds of the deeds, grants of rights
i of way, easements and covenants run
u ming with the land stipulated and GOV
II enanted for in this agreement; an(
that each Homesteader as a party O.
o the second part hereby agrees, upoi
being so required by the Mill, to exc
10 cute such papers and take such pro
az OWN cApchoO 40 a.
e requisite TO obtain registration in tn
., court of land registration of his it'll
d to the lands affected by this agree
y ment.
4 3-That they will give and gran
n upon demand by said Mill for sal
s. period of thirty years, all necessar
e. rights of way free of charge over thei
y respective lands for pipe lines, fumes
q, aqueducts, or other conduits for tn
&c carriage of water to the Mill site; an
ut win likewise give, on demand, neces
as sary rights of way over their respet
n tive lands for fumes, wireways, road
a. or railways for transportation purpose
l. for said period of thirty years, not e'
he ceeding ten feet on either side of tn
o. center of the fumes, wireways or raj
ways, and also sufficient additions
e. land to allow the construction of cut
re fills, sidings, crossings and any builC
n ings necessary for the proper operatio
&c of such fumes, wireways, roads c
to railways over, across and through the
i'll lands.
C. 4-That they will accept the prov