Page:United States Statutes at Large Volume 42 Part 1.djvu/139

 SIXTY-SEVENTH oonennss. sm. 1. GH. 42. 1921. 111 (2) Not less than one hundred nor more than five hundred acres of first—class pastoral lands; or (3) Not less than two hundred and fifty nor more than one thou- ‘ sand acres of second-class pastoral lands. (b) The title to lands so leased shall remain in the United States. 6,§*‘*°· °PP**°°**°‘*S· Applications for tracts shall be made to and granted by the commission, under such regulations, not in conflict with any provision of this title, as the commission may prescribe. The commission shall, whenever tracts are available, enter into such a lease with any applicant who, in the opinion of the commission, is qualified to perform the conditions of such lease. Sec. 208. Each lease made under the authority granted the com- °°"°m°“' “"*’°’°d‘ mission by the provisions of section 207 of this title and the tract in replpect to whic the lease is made, shall be deemed subject to the _ fo owirpvg conditions, whether or not stipulated in the lease: (1) e lessee shall be a native Hawaiian. ° ”°°i" m' (2) The lessee shall pay a rental of $1 a year for the tract and the *‘°**‘°* “****°”°· lease shall be for a term of ninety-nine years; mm (3) The lessee shall occupy and commence to use or cultivate the ac, °°°°’°'”°" tract as his home or farm within one year after the lease is made; (4) The lessee shall thereafter, for at least such part of each year Y°°"’ ‘*’F·°"°· as the commission shall by regulation {prescribe, so occupy and use or cultivate the tract on his own behal ·; Tmmms cw N (5) The lessee shall not in an manner transfer to, or mortgage, nrictions., " pledge, or otherwise hold for the benefit of, any other person, except a native Hawaiian, and then only upon the a proval of the commission, or agree so to transfer, mortgage, ple£e, or otherwise hold, his interest in the tract. Such interest sh not, except in pursuance of such a transfer, mortgage, or pledge to or hol ing for or agreement with a. native Hawaiian, be subject to attachment, levy, or sale upon court process. The lessee shall not sublet his interest m the tract or nnprovements thereon. Upon the death of the lessee °*’°'““““‘ °‘*°°“°° his interest in the tract and improvements thereon shall vest under the limitations provided for homesteads in section 403 of the Revised Laws of Hawaii of 1915; P_ t mx (6) The lessee shall pay all taxes assessed upon the tract and im- yum ° °°° provements thereon within sixty days after they became delinquent. f the lessee fails so to pay, the commission shall thereupon pay the taxes and have a lien therefor as provided in section 216 of this title; *°°"» P- **3* _(7) The lessee shall ppgform such other conditions, not in conflict °‘**“"’**’°*“‘*°**’· with any provision of t title as the commission' may stipulate in ,.,,,,,,_,,,_ the lease: Provided, lwwever, That the lessee shall be exempt from ¤v'¤;¤ ¤¤¤¤x>¤¤¤ f¤¢ all taxes for the first five years from date of lease. H y°°°' mmm to Sec. 209. All successors, whether by agreement or process of .¤.¤1u¤¤¤n¤¤. law, to the interest of the lessee in any tract, shall be eemed to receive such interest subject to the conditions which would rest upon the lessee, if he then were the party holding the interest_m the tract: Promkled, That a successor receiving such interest by gnl1en· gl ,'°,L"°H,,,,,,_ tance shall not, during the two years next following his inheritance, be deemed to have violated an of the conditions enumerated in section 208 of this title, even tlilough he is not a native Hawaiian and does not on his own behalf occupy and use or cultivate the tract as a home or farm for such part of the year as the commission requires in accordance with the regulations prescribed by it imder paragraph (4) of section 208 of this title. _ _ _ Sec. 210. Whenever the commission has reason to beheve that m*§s°*§**§,§,’,,,,,°,"F,§,,,§_*°*" any condition enumerated in section 208, or any provision of section ·‘¤·z¤¤- 209, of this title has been_ violated, the commisron shall gnhve due notice and afford opportunity for a hearing to the lessee of e tract in respect to which the alleged violation relates or to the successor