Page:United States Statutes at Large Volume 44 Part 1.djvu/1622

 § 663 TITLEJS.-—TEI£ItITOR1ES land is declared to have been, on the 12th day of August, 1895 andprior thereto, the property of the Hawaiian Government and to be free andclear from any trust of or concerning th same, and from all claim of any nature whatsoever, upon th rents, issues. and profits thereofi It shall be subject t· r alienationand other uses as may belprovided by law. (Api ’ 30, 1000, c.- 339, § 99, 31 Stat. 161.). _ — _ 663. Public lands; definitions.—When used in sections 663 t- 677 of thistitle-y _, ’ _ l ” s _. (1) The term " commissioner l’ means. the commissioner 0 public lands of the Territory of Hawaii; ‘ ‘ — (2) The term “1and board *’ ineans .the board dof publi lands, as provided in section 673;. W g . . ` _ (3) The term- " public lands " includes r all lands in th Territory fof Hawaii classed as Governmentor Crown land previous to August 15, 1895, or acquired by`,the Governmen upon or subsequent to such date - by‘ purchase; exchange escheat, or the exercise of the right of eminent domain, or is any, other manner;”except_, (1) landsdesignated in section 691 ___ (2) landsset ‘apart._or reserved by Executive order by th President, (3.) lands set aside or withdrawn by the governo under the provisions of section 668, `(4)“ sites of public build ings, lands used for roads, streets,. landings, nurseries, park: tracts- reserved for forest growth or conservation of `wate supply, or other public purposes, and,. (5) lands to_which th United Stags has relinquishedthe absolute fee and ownershi; unless sub quently placed under the control of the commit sioner and given the status ofpublic lands in accordance wit the provisions of sections 663 to ,677, sections 691 to 718, 0 the Revised Laws of Hawaii of1915; and. _, . A (4). The term " person " includes individual, partnershi} corpo‘rzit_ion, and association. _ . · Any term denned or described in section 347 ·or 351 of th Revised Laws of Hawaii of 1915, except a term defined it this section, shall, whenever used inlsections 663 to 677, ’l not inconsistent with the context or any provision of said se< tions, have the same meaning as given it by such definition 0 description. (Apr. 39, 1000, c. 339, § 73, 31 Stat. 154; April ’ 1908, c. 124, 35 Stat. 56; May 27, 1910, c. 258, 5 5, 36 Stat 444; July 9, 1921, e. 42, §§ 304-311, 42 Stat. 116~119.) jr 664. Public land laws of » Hawaii in force; certain sales grants, etc., ratified; words substituted for other words iz land laws.-The laws of Hawa;li_ relating to publlclands, th settlexnentot boundaries,. and the issuance of patents on lant commission awards, except as changed by sections 663 to 67* of this title, 'shall. continue in force! until Congress shal otherwise provide. Subject to the approval ot the President all sales, grants, leases, and 'otherdisposltions `ot the publl domain, and agreements concerning the same, and all fran 'chises granted by the Hawaiian government in contormlt, with the laws ot Hawaii, between the 7th day of "July, 1&£ and the 28th day of September, 1899, are ratlded and cou flrxned§ In said laws Fland patent" shall be substitute for " royal patent " ;_ "commlssioner of public lands," to " minister ot the lnterio1·," " agent ofpubllc lands," and " con missioners of public lands,T’ or their equivalents; and the word " that I am ·a ,cithen of the United States.? or " that I hav declared i my intention to become a citizen ofc the Unite Sta-tes, as required by law,’* for the words " that I un a. clthei by birth (or naturalization) of the Republic of Haw•.ll," 0 " that I have received letters of denizatioa under the Bepubll of I-Iawall," or " that I have received `a certificate of specia right/of citizenshlprirom the Republic of Hawaii? (Apr. 3( 1900, c. 3$, Q- 73,. 31 Stat. 154; Apr. 2, 1908, c. 124, 85 Stat gw; May 27,1910, cl 258; 5-5, 36 Stat. 444; July 9,*1921, c. 45 $6 304+311, 42 Stat. 116-119.-)- ·. `. 665. Leases of public lands; terms and conditions.-—·-No lea of agricultural lands or of undeveloped arid public lnndjvhlcl

Arm I{\’SUL.·tR_PGSSESSIO2w'S / 1608 5, is capable of being eonvertéd into agriéultuml land by the rdvt, velopment, for irrigation purposes, of either the underlying p or adjacent waters, or both, shall be granted, sold, or renewed e gby the government of the Territory of Heiyvaii for a longer 0 period than fifteen years. Each such legee shall be sold at v. public aucti<m,t0 ‘_the_ highest bidder after due notice as pre- — vided in section 669 of this title and the laws of the T€1’I‘·i~v 0 tory of Hawaii. JEuch such notice shalt state all the terms and conditions of the sale, ¤Thei1and, or any pert thereof so ·f _Fleased, may at any time during the term of therlease be with- ` drawn from the operation thereof for homestead or public .c purposes, in which case the rent reserved shall be reduced tu` proportion to the value ef' the bert so ·withqrewn'. Every e such lease shall contain zi provision to that edect, The com ts missioner may, ’with‘_ the approval of the Sg0vern0r·and at { tt- least two—thirds of the members of theland beard, emit such 2, .;w·itlidr£1wa1 provision from the lease of any lands suitable fer n the cultivation of sugar cane whenever he deems. it. ad··· f, —.,_va,ntageo`us to the Territory of Hawaii. ?Laud S0 leased shall e _°not be subject to such right of yvithdrawel. (Apr.'30, 1900, »r .c; 339;_j.§ 73, 3*1‘Stat.` 154; Apr. _2, 1908, c. 124, 35 Stat. 56; I- May 27, 1910, c. 258» _§ 5, 38‘Stat. 444; July 9,.1921, c. 42, a, §§ 30-1-311, 42 Stat.,116—119.;) ·· _ » - · _ t »r · 666. Disposition of funds from, sarle, etc.,_pf public lands.-- .e All funds arising from the sale. orleese or other disposal of p, public land shall be appropriated by the laws of the govern-. s- tment of. the Territory of Hawaii end applied to suéli uses h and purposes for the beneiit-of the inhabitants of the Terri? »r tory of Hawaii as are consistent with the joint resolution ef annexation, approved July 7, 1898, numbered 55, ;Thirtieth_ ), Statutes, page 750;- (Apr. 30, 1900, c. 339, I 73, 31 Stat. 154; » Apr. 2, 1908,_ c. 124, 35 Stat.' 56;·May{21, 1910, c. 258, { 5, 36 e Stat. 444; July 9, 192}, ~c.' 42, §§ 304-311, 42 Stat. 116-119.) f n 667. Second or subsequent tertihcetes of necupgtien, right Lf of purchase lease, cash freehold agreement, or special heme;
 * — stead ggreement.——-Ne person sball be entitled to receive eny

·r ccrtibcate of occupation, right of purchase lease, gash free B, bold agreement, or special homestead agreement who. or t._ whose husband or wife, has previously taken er held more than ten acres of land under any such certificate, lease, or s, agreeme¤t‘made· or issued after May 27, 1910, or under guy n' 'homéstead ·1em‘ or ·pateut_based thereon; or who, epwtwse e husband or wife, or bothbf them, owns other land in the d Territory, the combined area of which and the lend in ques- 7 tion exceeds eighty acres; er whe is an alien, imlees he hhs ll declared bis intention to become a citizen bf the United States t, ag provided by lem No persoii éhe has ee declared his, inc teution and taken or held under eny such certiucnte, lease, or 1; agreement shall continue so to hold or become entitled te e y homestead lease orrpatent of the land, umem be becomee e !,—~ citizen within five years after so tnkini. (Aprf 30, 1900, — 1- c. 339, S 73. ·31° Stat. 154; Apr. 2, 1908, c. 12}, 35 Stat. 56:‘ a May 27, 1910, c.—258. I 5. se ur. 444; July 0; 1921,,c. 42. tr §§ 304-311. 42 Stat. 11$·I19.) ‘ » ‘ “ f · , 1-, L 668. Alienstien of public lundi fo! which certmentes ef" is ·eecupatior¤, etc., have §•¤¤ed.·-No public land fer which any d 1910, oruny phrt tbereef, or interest therein er control thereof, n shall, without the written cenemt of the cemmiseioner and ·r» gqverncr, ~ thereafter, whether Mfere or after e`homestem1 nl_ to be in my way, directly er mtlirectly, by process of Jaw or; D. otherwise, eenveyed, mortgaged, leased, or otherwise transt. ferred to, or r dcquired or —k§eld_ by br re1·_,¢¤e‘¤¤¤e¤¢ ef,] B, nhs; alien or corporation; er before or after tbe issuance _ of • hemutead lenpe er before the iseuence of a patent e- tp or by or for the ,.bene¤t· qt any other person ; ern after tn the issuance of a patent, te or by or for the benem of ~ ·¤
 * 0 such certi¤¢QC6. lease, or agreement is issued after May ‘27.
 * c lease df patent bu  issued thereon, be or be contrapted