Page:United States Statutes at Large Volume 44 Part 1.djvu/1623

 1609 TITLE 48.-;r·E1z1z1:1~oR11r,s· A any pers,0n»wh0 onme, or holdsjor controls, directly 01'_1!1¥ directly, other land or the use thereof, the combined area of which and the land in question exceeds eighty acres. The ·“prolribitions of this sectioulehall not, apply to transfers or {li‘QllilSitiO;lS by inheritance ,or between tenants in common. (Apr. 30, 1900, c. 339, §‘ 73, 31 Stat. 154; Apr. 2, 190§, c. 124, 35 stat. 56; `May 27, 1910, c. 258, §—5, 36 Stat. 414; July 9, 1921, C. 42, §§'304#311, 42 sm:. 116-119l) ;, · 669. Forfciture of landa,e—·Auy land in respect of which any of the foregoing provisions shall be violated shall forthwith be forfeited and resume the status of public land and may be }%L?O\’€1`€d by the Territory or its., éuccessors in an action ot. cjoetment or other appropriate proceeding. And noncompliance \\`l£h the terms ot any auch certiilcateglease, or agreement, 3,, or of the law applicable thereto, shall. entitle the commissioner, `“ wiall the approval of the governor before patent has been iesued, with or- without legal process, notice, demaud,dor preylé one ezrtry, to‘·retake possession and thereby. determine the errata. The timeslimited for compliance-with any such terms may be extended- by the commissioner, with such approval, upon its appearing that an effort has been made in good faith ao comply`itherewi,th. (Apr. 30, 1900,- c. 339, § 73, 31 Stat. 154; Apr. 2,*1908,, c. 124, 35 Stat. 56; _May 27, 1910, c. 258, § 5, 36 Stat. 444; July·9,.1921, c. 42. §§ 304—311, 42 Stat. lmyllil.) ' Y ‘. - ’ " . ' 670. Determination of persons entitled to takeurldcr certili= cates of occupation, etc.+-—·The persons eutltlecl to take under any such certificate, lease, or agreement shall be determlnedl by drawing or lot, after public notice _ as; hereinafter provided ;. and any lot not taken, or taken and forfeited, or any lot or part? thereof surrendered with the consent of the conapmissioner, which is authorized, may, be disposed of upon application at not less than the advertised price by any such certlllcate, lease, or agreemeut"xi·itbout further notice. ( The notice of any sale,. drairlng, or allotment of public land shall ~be by publication for a period of not less than sixty days invoueor more,,newa> i papers of general <:lrculatiou_·publlel:ged ur the Territory. (Apr. _ 30, 1900, c. 339, § 73, 31 Stat. 154; Apr. 2, 1908, c. 124, 35 Sfil{.*58; May 27, 1,910, c. 258, if 5, 86 Stat. 444; July 9, 1921, c. 42, §§ 304-311, 42 Stat. 1164119.)  ‘—   · ~» _ _ 671. Preference rightito {purchase lands; purchase ;$rice.·5—-—  The commissioner, with the approval ot the governor, may` give to any person (1) who is ·a citizen of the United States e or whoehaa legally declared his intention to become a citizen  of the United States and hereafter becomes auch, and (2) who l has, or whose predecessors in interest have, ii¥lprored” anyj parcel ot public lands and resided thereon! continuously .for“ the ten years next nrececliug the application 'to_ purchase, a preference right to purchase leo much ot such parcel and auch adjoining land aa may reasonably be requiredior a home, at a fair price to be determined by tpree disinterested citizens to g be appointed by the governor, In the determination ot euohypmjcllaae {nice the coiumlseloner may, it he dwxna it just and reaiénable, disregard the value of the improvement; on auch parcel audfadjolniug land. It auch parcel ot publlcllaude le reaerved`tor~ public purpoaea, either for the use of th8VjUI1lt$d __ States or the Territory of Hawaii, the commissioner may ewitbl , the approval of the governor grant to auch person a preference right to purchase public lands wlilclr are ot similar character, value, and area, and which are situated in the same land district. The privilege granted by this eectiou shall not extend to any original loam or to an amiguee of an entire lease or, public laude. (Apr; 80, 1900,°c. 339, ,§ 73, 81 Stat. 154: Apr.? 3 2, 1908, c. 124,35 Stat. 56; May 27, 1910, c. %8, { 5, 88 Stat. 44,4; July _9, 1921, c,_ 42, ij 8@4e·311‘, 42 Stat.} 11%-119.) , 672., Patents to churches or religions organlzatiens.——'1lhecommissioner, of public laude may aleo, with the §DP:‘¤val of the goremor, issue, for a uoélnal consideration, to any church

ND INSULAR rossasarcats § 675 or religious, organization, or person or perskms or eerparatien representing it, a patent for any. parcel of public land occupied continuously for `uet less thanvfive years prior to April 30. 190Q, and still occupied by it] as a church site under the laws 0f Hawaii. (Apr. 30, 1900, c. 339, § 73, 31 Stat. 15;; Apr. 2, 1908; c, 124, 35 Stat. 56; May 27, 1910, c. 2538, § 5, 36 Stat. 444; July 9, 1921, c. 42, §§ 304-311, 42·Stai:. 116-119.) ». 673. Beard of public laude; restrictioaa upon sales and leaseé of agricultural lands; exchange of laads.—Tlie.—board of public lands is hereby c;mstituteil—·— ». _ _ The mexribers of the beard _0f public lands shall be appciinted byithe governor was provided by section 546 of this title. Until the legislaturershallotherwise provide it shall consist of six members appointed for a term of four years. _ ‘ . _ N0 sale of lands for other than homestead purposes except tas provided in this section and no exchange by which the Territory shall convey lands, exceeding aver forty ·&CI'€S_ ia farea or_ $5,000 in value shall be made. No lease of agri.cultural lands exceeding. forty acres ih- area or ot pastoral or waste lands exceeding, two hundred acrea ia area. shall be made without the approval of two-thirds of said board et publlclaxidsv _ _ _ p   h   “ The commissioner shall, with the approval at said board, sell -t0`a¤y citizen of the United States, or to any -pe.rs¤¤·‘whe has legally declared his intention to become a citizen, for Y residence purposes lets and tracts, not exceeding three acres; in area, and that sales of Government laxlda. may be made {upon the. approval of jaaid board whenever necessary to .10- cate .t°here0n` railroad rights Q01 way, railroad tracks, side tracks, depot grounds, pipe lines, irrigation ditches, Hpuaipiag stations, reservoirs, ·~ factories, and mills and appurtenances thereto, including houses for employees, mercantile establieh-Q ments, “h0tele, churches, and private? schools; and 8`H-a such sales shall be limited to the amount actually necessary for the economical conduct of such busiaeasar undertaking. No exchange pt Government lands shall lm made with t the approval oftwo-thirds of the members at said bear, and no such exchange shall be made except to acquire lands directly for public uses. ” (Apr. 80, 1900, e._ 339, 5 73, 31_S t. 154; Apr. 2, 1908, *c. 124, 35 Stat. 56; May 27,.1910, c. 258, 5 5, 36 Stat; 444; July 9, 1921, c. 42} "§§ 3Q4—·311, 42 Stat. 116-119.) 674. Opening of agricultural lands for settleraeat.—Whea- éver twenty-Eve or more persona, having the qualldcatioas at homeateadera, who pfhave not theretofore made application under the provisions of this:. section shall éake written applica- (tion to the commissioner of public lands for the opening of agricultural lands foraettlemeateia aay locality er district, it p shall bejthe "duty ’oI_ said cammiasiaaert vtoa proceed expedltl0usly` to » survey and open tar entry agricultural lands, whether aaeeeupiea or under leaea with the right of with·· drawal, aumcieht. in area to provide bamesteada for all such peraaas, together with all peraaaa of {like qualidéatlcms whe shall have Bled with auch commissioner prior. to the aarrey at such lands `writteae applicatleaa fprbemeeteada in the dietrict designated in said °appllcatieaa. ° The laude to be so opened for settlement by said. eammlssloaer shall M either the apecidc tract or tracts applied far or other suitable and available agricultural lands la the name geagraphlcal diatrigt aad,` aa Xmr as peaslble, ia" the immediate locality at and aa nearly equal to that applied ter aa may be available. N0, leaaed land under cultivation, shall be taken ter heme. ataadillg until any crepe grawiag thereon ahall have ‘b(‘f‘|'} l harvested. (Apr. 80,1900, e._ 339, 6 73, 31 Stat. 154; Apr. ,___ 2,*1908, c.  85 Stat. 56; May 27, 1910, c.—258, § 5, 36 Stat. " be 44+; July 9, 1921, c._42l ll $80+-311, 42 eta:. 116+119.) _ ~ 675. Survey nad apealag far hameetead entry_agricultural» lands; pastoral laada.4—-The eammlaelener ofpublic laude ehall ~a_ annually eauae to be surveyed ter homestead purposes eueh