Page:United States Statutes at Large Volume 44 Part 1.djvu/1624

 § 676 TITLE .Q8.-TERRITORIES am amount of agricultural lands and pastoral lands in various parts of the Territory as there may be demand for by persons having the qualiiications of hoxrxesteaders.1 In laying out any ` homestead the eominissioner shall include in the homestead { lands sufficient to support thereonfan ordinary family, but not ·_ exceeding eighty °acres~o1E agricultural lands and ftwo hundred and fifty acres of iirst·class pastoral lands or tive, hundred ‘ acres of second·class pastoral lands; or in case of a homesbead, inc1udi11g_pastor;1l lands only, not exceedinghve hrmdredacresr 1 of first-class pastoral lands or one thousand acres ·of second- élass pastoral lands., All necessary expenses for- surveying and opening any suchlands 'for- homesteads shall be paid for `out of any funds of /the'Territorial tre‘asury“derived irom the sale ` or lease of the public lands, which funds are made available I for such purposes. 5Nothing`contaiued· in this `ssction shall be 1 construed to `prevent said commissioner from surveying. and 1 opening for homestead purposes and as ·a single homestead { entry public lands suitable, for hoth agricultural and pastoral purposes, "whether such lands be situated in one _.body or dei s, _tached tracts, to the end that homesteaders may be provided j with both agricultural and pnstoral.,lands_ wherever there 'is demand therefor; nor shall the ownership of a residence lot _ or traet, not exceeding three acres in area, disqualify ani , citizen from applying for and receiving-any form of homestead  entry, including a homestead lease. T (Apr. 30, 1900, c. 339, 5 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. , 116-419,) , V ‘   `. F . . I . , 676, Leases expired; continuance in possession by lessees.-- g The commissioner pt public lands, with the approval of the governor, may by contract or. agreement authorize any person ` who has the right of possession, under a general lease from the TerritorY» of agricultural or pastoral lands included in any homestead, to continue in possession ot such lands after the expiration ot the lease until snob time as the homesteader takes actual possession thereof under any form of homestead agreement. ”»The‘ commissioner may Hx in the contract or agreement .such other terms and conditions as he deems —ndvisable. (Apr.-30, 1900, ‘c. 339, § 73,,31 Stat. 154; Apr. 2, 1908, e. 124, 35 Stat. 56; May 27, 1910, 0.,258, 5*5, 36. Stat. $144; July p 9, 1921, c. 42, §§ 304-311, 42 Stat. 116-119.) ¤ _ ' ' 677. Control, management, dispoeitiom etc., of public lands; powers mddnties of ¢;ommissioner.·-—·-All lands in the posses-. sion, use, and control of the Territory shrill ,be managed by the commissioner ot publlo lands; except such as shall beset aside for public purposes as hereinafter provided; all salm and other dispositions of such land shall he made by the commissioner or under. his, direction, for which purpose, vit; necessary, the land may bftransterred to his department from any other department by.direction· ot the governor, and all patents and ‘ deeds ot sueh land shall issue from the'omce_ot‘ the bomxnlse sioner, who shall countersign the_ same and keep a récorcvl thereof. Lands conveyed to the Territory in exchange for other lands that are subject to the land laws of ·Hawali, as amended by. this ohapter; shall, except as otherwlw provided, have the same status and he subject to such, laws as it they jhad previously been public lands of Hawaii. . All orders setting aside lands for Ytorest. or other public purposes or .'withdrawing the same, shall he mage by the. governor, and lands awhile so set aside for such purposes may` be managed as nray be provided by the laws ofthof1?erritory.` The commissioner »_ is authorized to perform any and all acts, prescribe forms of oaths, and, with theapproval sot the governor and said board,. make sinch rules and regulations as may be necessary and proper for the purpose oz carrying the provisions of thiS_8\1b· chapter and the land__1aws‘ot Hawaii into full foreefand.ef£éet. “(Apr. 30, 1900, c. 339, § 73, 31 Stat. 154; Apr. 2, 1908, cg .124, 323 Stat. 56; May 27, 1910, c. 258, i 5, 36 Stat, 444 ;,July 9, IM1, .c. 42, §§.304—311, 42· Stat. 116-119.) on * _

0 IXSULAR Possmszoxs 1610 HAWAIIAN HOME LANDS 691. Sh0rt,title.—-—This sxibchapter may be sited as the "Hz1. waiiau jiomes Commission Act, 1920." (July 9, 1921.. o. 4z_ §1,512Stat._108.) __ t ` · 692. Deiinltiom§.—(a) When used in this subchapt<»r·——— (1) The term "commissiou" means the’Haw11iiau Homes Dommissiou; · ·. ‘(2) The term *‘pub1ic laod"»has the same meaning as qa. Elned in paragraph (3) of section 663 of this title; _ (3) -The term "`fund" means the Hawaiian home hom fund; . (4) The ierm "Territory"s means the Territory of Hawaii; . (5) The- term "Hawaiiau home_l1mds" means . all lands glveuthe status of'Hawalian home lands `tmder the provlsionrr of section 698; ° ‘ ~ (6) The term l" tract " means any tractof Hawaiiao lmmo lands leased, as authorized by seétion 70}, for any portion of smzlrtract; and s — · i o, `( 7) Theterm “ native Hawaiian'? means any descemlant or not less than one-half partlof the blood of the races inhabiting the Hawailanlslands previous to 177§. D  . . (b) Any term defined or described in section 347 or my of the Revlsed Laws of Hawaii of 1915, excebt a term xletlnml in subdivision (al of this section.’sl1all. whenever {wed in this title, have the same meaning as given by such detlnitiou or descriptiéu. {July 9, 1921, c, 42, § 201; 42 Stat. 108.) . _ ” 693. Hawaiian Homes Commissioru members; appointment; l vacanpies; chairman; executive}. 06cer md secretary; salaries; terms of 0tHce; rém0vaIf¥·——·(,a·)_ The Hawaiian Homes Commisslgu shall be composed ot Eve members as follows: “ ` o (1) The governor of the Territorygand e (2) your citizens of the Territory to he appointediby tlxe_ governor', by and with the advice and eonsent of the senate of the legislature of the '1‘errltory._ ’At least three of the.ap·- polnted members of ’ the commission shall be native Hawaiians; (b) Any vacancy in the loillce of an appointed member shall be dlled in the same manner and imcler the same limitations. as tbeoriglnal appolatment. . _ _ _ · " (c) ,.The governor of the _Territ0ry shall be the- chairman ot the commission. The commisdon shall designate one of itsmembers to serve as the·exeeut.lve oilieer and pcretary of the commission. The executive oQger and secretary shall receive auch annual salary; not to eiceed .se,o0o,‘ss. the commis-, sion' may determine. The members of the commission, except the executive omcetj and seemtary, sliall receive an annual salary of $500; Oil the original appointed members of the commission, one shall be appointed for a term ot oner year, one for two years, onemtor three years, and ooetor four years. · Their successors oslxall. hold omce for terms of four years, M except that any member appointed to dll a vacancy shall be appointed only tor. the unexpired »-term of the member wl¤omhe succeeéls, A nwpber may after due, notice and public hea;. ing be removed by the governor for neglect of duty or mal- ‘feasance~—ln omce, but for no other cause. (Jt1ly·9, 1921, c. 42, 5*202, 42* Stat, 199Q)- · y _  _ · ~ ‘ 694. Same} regulations; 8Xl$0¤di$`llf€8•·*jTIlB commission may make such regulations am), with the approval in writing of the governor of the Territory, may make such expehditm-esa including sa_lariesQ and appoint `aml remove such employees a.¤cl·`a:ents, as are neéessary to the emcient, execution- of the functions vested ini the eommlsslen by Ehe provisions of this sl1b· chapter. All expenditures ·0t· the oommimlomshau be allowed and paid, and all moneys Mnecessary for loan; made»by the -V commission in eecordaage °with` the provisions ot this sub- . chapter‘advancéd,_ from the Hawaiian home loan sfund upon. tboapresentation of itemized vouchers therefor, approved by the chairman of the commission. (July 9; 1921, e. 42,- "§ 2*22, 42 Stat, 115.), - ‘ »». _ N · a · 695. Same; l’é|i0!tSa-I-—Tll€ conmuissiou `shall make a biepulall report to the- lerlsluture of the Territory upon the ilrst day