The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1918-07-30

ing proper proportion of the cost 70
the planter Of medical attendance,
housing, workman's compensation in
sufanee and fuel; a reasonable, charge
for the animals, carts, harness and i'm.
PIGMENTS used; and the actual cost at
the point, Of delivery Of fertilizer and
other materials and supplies furnished
and used by the planter under this com
tract. Said record shall be at all times
open to the inspection Of the commits
sioner or his agents : d
3. In case the planter shall have.
done as lessee or lieensee of the Ter.
ritory any work between June -.
1918, and the date hereof, on any .orop
on said land which shall not be harvest.
ed at the date hereof or at the expir T..
ton Of any such license or lease or ex.
tension thereof, such work 20 done shall.
be regarded Ms having been done under.
this contract, and the actual cost Of
such work as defined in Section 2 here.
Of shall eonstitute a part Of the total
cost under this contract. ~
& The planter shall be entitled to
interest at the rate Of seven percent,
per anpDm not compounded upon each
item Of cost and computed from the
expiration Of the month during which
said item was Incurred or expended
Apportionment OF Costs
q" s. As soon as may be, after any
! portion Of the land covered by this
agreement shall be subdfvided into
homesteads, and the commissioner shall
have notified the planter, as provided
in Section g hereof, that any home
steader or homesteaders is or are ready
| to, take over the actual cultivation, Of
his or their homestead or hOmesteads,
the total actual eost. rs defined in Sec
tion 2 hereof, shall be apportiOned by
| the commissioner, subject to final de.
termination. in case of dispute. az pro!
yided in Section IL hereof, between
| the said homesteads and or between the
said homesteads and any portion Of
said tract not home steaded, in proper
ton to their planted area. ~.
9. The planter shall continue the
work under this contract until mott
fled in writing iby the commissioner that
the. homesteader is ready to take over
the actual cultivation of his lot under
his Special Homestead Agreement; and.
shall within, fifteen days after receipt
of such notice furnish the commission
er. and each such homesteader, with
statement in detail Of the cost of the
work done subsequent to June ----,
1873 and up to the date Of the receipt
Of such notice. 3d.. 80 ...
THE actual cost as apportiOned OF
all work done under this contract, in
cluding interest thereon as provided ~
Section 4 hereof; chargeable against
any homestead, shall constitute and be
prior lien in favor of the planter up
ON the existing crop on any such home
stead. and upon any and all succeeding
crops thereon, until the spr',
been satisfied, subject ONLY m anv "or.
eminent lien for taxes or assessments
Contracts with Hornesteaders
| 8. Immediately upon the receipt Nv
the planter Of the notification provided
| for in Section 6 hereof, or as soon
thereafter as may be practicable and
reasonable, the planter shall enter into
an agreement with the homesteader, if
the honest eader so desire, for the pur.
chase by the planter Of the sugar cane
! growing, or to be grown, on said r.
stead lot, said contract to be subject
70 the approval Of the comm issioner and
the Governor and 10 be substantially in
the form attached hereto.
-. o. In case any part Of said lands
shall not, prior to the maturity Of sail
crop or crops be allotted to a home
steader or hOmesteaders, the planter
shall harvest and market the said crop
or crops for the commissioner. and re.
tain as full payment, for the cultivation,
| harvesting and mark citing thereof. nine
ty-fve percent (95qal of the gross pro-
ceeds derived from the sale Of the su.
gar after deducting .therefrom the az.
tual marketing expenses
10. II the HON steader, upon sign.
ing his special homestead agreement, -
at any other time, shall fail to properly
cultivate and maintain and harvest the
growing crops a. required by his spHcihl
homestead agreement, the planter may
at once. with the consent Of the com.
missioner in order to protect it's lien
aforesaid, enter, and to the satisfaction
of the commissioner, cultivate, main
tain, harvest and market the same and
such crops thereafter. as may be ne
eessary TO satisfy said lien, and a.
count to the commissioner for the pro-
eeeds in the manner and on the hasiI
set forth in Section 9 hereof. Provid-
ed, however, that the net profits to
the planter, derived from the sale of
any such crop or crops, which net pro
fits shall be determined by deducting
from the gross proceeds of such sale or
sales, the actual cost of cultivation as
| defined in Section 2 hereof, and the
cost of harving and marketing ex-
penses, and the five percent 1877 rep
resenting the government s share. shall
be applied first in satisfaction of said
lien: And provided further that in
ease such homestead is transferred TO
another homesteader either by the orr
ginal honest ader with the commission
er = consent, or by the commissioner di-
rectly in case of forfeiture bv the orr
gipal home tcader, such transferee shall
be entitled to carry on the cultivation
under his special homestead agreement
subject to the same right of entry on
the part of the planter,
~. All disnutes between the planter
and the commissioner and honest eader.
or between anV two of them. regarding
thu "Hets and expenses incurred by the
PLANTER under this agreement, or the
aDportionment Of the same. shall be