The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1918-05-21

which lands are taken by homestcnders
under the Land Laws Of the Territory
/ Of Hawaii.
THE torn Planter means any per
Fson, firm or. corporation planting or
officiating any land under the pro.
visions Of this Act.
Section 9, Contracts for planting
or cultivation. Before or at or after
the expiration OF any lease Of govern
meht agricultural lands which are or
have been planted in sugar cane or any
other crop, and for which homestead
| agreements have not actually been
signed, the commissioner of public
lands, with the approved, Of the Cover
| nor may enter into o contract with the
lessee OF such land or with any other
person, firm or corporation for the
pla nting or cultivation of any cane or
other agricultural crop on such land
until such time as homestead agree.
mpnt or agreements shall have been
actually executed for such land. Any
pInntinr or cultivation done under the
. authority of this, Act shall be done
to the satisfaction of the commissioner
Of public lands. ..,g,
"Section g.. Record Of cost to be
kept. Any person, firm or corporation
planting or eultivating any land un
der contract made pursuant to the
provisions Of this act shall keep a full,
complete and accurate record Of the
actual cost Of such planting or cult
; walton, which record shall at all times
+ be open to the inspection of the com
missioner Of public lands.
Section &. Determination CT cost
by circuit Judge. Immediately upon
the execution of homestead agree
ment for any portion Of the land so
planted OF cultivated under n contract
made pursuant to the \ provisions Of
this act, the commissioner of public
: lands shall notify the planter of such
fact and the planter shall forthwith
submit to a circuit Judge at chamber,
Of the circuit in which such land is sit
uated statement in detail Of tho
actual cost of the work done up to the
date Of the execution Of Sid home
stead agreement. The circuit jude
shall thereupon, as soon as may be, and
after notice to the planter, the com
missioner Of public lands and the
homesteader, adjudicate and determine
the sum total of such cost. His de
cision thereof shall be final.
I Section 5. Apportionmeut Of cost.
The total actual cost of the planting
or cultivation done under any con
+ tract made pursuant to the provisions
of this act, as determined by the cir
cult Judge at chambers, shall be equit
ably pro rated or apportioned against
-k,1 a To- rl &c
praisers, one Of whom shall be select
ed by the planter, one by the commits
sioner of public lands, and the third
by a judge of the circuit in which the
land is situated. The decision of 2
majority Of such board shall be final
"Section 9. Lien for cost. Tho
actual cost of such planting or cult
walton, as apportioned by the said
board of appraisers shall be payable
to the planter by the homesteader o.
his successors in interest and shall con
stitute and be a prior lien in favor Of
the planter on such crop and any sue
ceeding crops until the same shall have
been paid, subject only to any govern
ment lien for taxes or. other assess
ment. pTu. i,
"Seetion 7. Homestead agreements
to contain what aprovidons. Every
homestead agreement issued covering
any land planted or cultivated unde?
a contract made pursuant to the pro
visions of this act shall be issued sub
jeet to the terms of this act and shall
contain a reference thereto, and shall
contain a further provision that thu
cost as so pro rated shall be paid BY
the homesteader to the planter from
the proceeds of the growing crop, and
shall contain a further agreement BY
the homesteader, to cultivate sait
growing crop to maturity.
"Section 8. Harvesting Of Crop. II
! case any portion of the land planted
or cultivated under a contract mad,
| pursuant to this act shall not be home
stead prior to the actual harvesting o
anv crop so planted or cultivated, tn,
planter shall be entitled to harves
and dispose of the crop on such portion
not hNInestepdsd as a lcensee but no
as n tenant or lessee.
so Section o. Determination Of ne
profit from disposal Of crop. Paymen
to Territory. Immediately upon tn
ulHpObdI vi SuCu CTOp the pldhteI shal
send written notice or such fact to tn
commissioner of public lands and ell
cult jude at chambers of the eircui
in which the land is situated; and shaI
furnish each with a statement show
ing the net profit received from sue
crop, together with an itemized az
count showing in detail how the SUI
total of such net profit was arrived at
and thereupon the circuit Judge a
chambers, after due notice to the con
missioner of public lands and tn
nlarter, shall adiudicate and determin
the actual net profit derived from sal
avn" ind his determination thereo
shall be final Upon such determine
tron by the circuit judge at chamber
the planter shall pay to the Territor
sum equal to fifty percent of sue
net profit as so determined.
Section 10. This act shall take e,
fleet upon it's approval"