The Hawaiian gazette., 1918-05-24

cultivationi Including a proper proper
tion Of all overhead charges and ex.
pcnses, which record shall at all times
be open to the inspection Of Che Com.
missioner Of Public Lands To the total
Of actual cost the planter shall add in.
terest thereon at the rate Of 6Z from
tile fdtel6f expenditure OF each item &
SO Section 4 Within fifteen days af-
ter notification by the commissioner
that homestead agreement or agree
tnents has or have been executed for
any portion of the land planted and
or cultivated under the provisions Of
this act, the planter shall furnish the
commissioner and the specified home
sfeader or homesteaders with a state.
ment in detail of the cost of the work
done up 40 the date of receipt of such
notice. IN case any party Interested is
dissatisfed with said statement either
in whole or In part, he may within
twenty days thereafter, by petition to
q eircuit Judge at chambers, pray for
adjudication of any and all controver-
sizes in that regard. .... ~. II
,t'Section 81 As between two or
more homesteads' so taken up Us afore-
said thetptAl cost of suchplantipg anaI
or cultivation shall be ,at,Dortiohed by
the commissioner of public lands be.
tween the said ,homesteads in proper
ton to their planted area. < ~
Liens on Crops 81 -
Section. Q. Lien for Costs. Each
homesteader who shall enter into q
homestead agreement with the Terri
tory relating to any land so planted
and cultivated by a planter as herein
provided, shall pay to the planter the
actual cost Of planting and cultiyat
ing such land up to the date Of the en-.
tering into such homestead agreement
by the homesteader and the Territory
and also interest at the rate of six per,
cent per aunpm on each and every item
Of the cost Of such planting andy cultir
waiting from the date Of each such item.
The actual cost Of such planting and II
or cultivation and the interest thereon,
as agreed upon by the parties or ap.
portioned and awarded bv the appro-
pirate tribunal shall constitute and be
a prior lien in favor Of the planter on
such crop and anv succeeding crpUS
until the same shall have been paid,
subject only to any government lien
for taxes or assessment.7T lion afore-
said Of the planter and all his rights
hereunder and under any contract en-
tered into hereunder shall be enforce
BILE by the planter solely by appropriate
proceedings in equity. IF the home
I slender, upon entering into his home
stead agreement or at any other time,
Shall fail to properly cultivate and
maintain and harvest the growing
! crops, the planter may at once. in
order to protect his lien aforesaid with
| the consent of the commissioner of pub
Inc, lands, enter and, at the expense of
| the hOmesteader, cultivate, maintain
Ind harvest the same and one or more
successive crops thereafter to the sat
| isfaGtion of the commissioner of pub
| lie lands Provided, however, if any
| planter shall under this section enter
upon any such homestead for the pur-
pose of protecting, said lien zand shall
| harvest and dispose Of any snch crop,
the proceeds Of such crop shall be dis,
posed of under the provisions of Sec
! tions and 8 of this act, for the bene-
fit of the Territory of Hawaii only.
All of the provisions of this section
shall be incorporated in each and
every contract entered into by and be,
tween the said commissioner and any
planter and in all homestead agree
mepts, .
Lawsuits Provided For
pSection Z. Jurisdiction is hereby
conferred upon the circuit judges at
chambers, sui ject to appeal to the SD
! preme court of the Territory as here
inafter provided, to hear and deter.
mine any and all controversies between
the government, the planters and any
| hak
any two or, more Of said parties, re-
lating to the actual cost of cultivat
ing and /or planting any such land
and /or harvesting apd/or disposing of
any crops or sugar. grown or produced
thereon, In any such proceeding be
fore q circuit Judge, all Of the persons
interested shall be made parties there
to and shall be given an opportunity
to be heard. Service of process shall
be as follows; by. showing the original
and delivering copy thereof to the
party personally Or to any duly author
lied agent, or if the party is not with
in the Territory, by mailing a certified
copy Of such process to the party at hi
last known address within the Terri
tory. In each and every such case {
circuit judge in whose circuit the lapt
| lies, Snau nave Inc JulSulCJlOn W
this section Conferred, From. the de
ejsiont Of any cirenit Judge in any sucl
! ease any party aggrieved may appea
to the supreme court of the TerritorN
of Hawaii upon fling notice of sappea
within FIVE days from the rendition O.
the decree, determination or order ap
pealed from and upon paying costs ac
! erued and filing a bond, or cash in lier
thereof, in the sum. Of fifty dollar
: ($50,00) for costs to accrue in case b.
Is defeated in the appellate court tn
, two latter within ten days from tn
rendition Of such decree, determination
or order. The costs of any proceed
, ings before the circuit judge at cham
, bers or the supreme court, as'tbe cas-
may be, shall be borne by the losini
party.
: Harvesting of Crop
; "Section s. Harvesting of crop. 1
! ease any portion of the land plant
D ed and/Or cultivated under con
4 tract made pursuant to this az
I shall not be hOmesteaded prior t
e the actual harvesting of any Gro
SO planted aud/or cultivated, 0
9 in case the homestea shall fail t
n rultiNata aoiI prOn tO maturity ~ hpr,