Page:United States Statutes at Large Volume 44 Part 1.djvu/1626

 lx • /. · ’ ~ § 702 1 / TITLE 4é`.—TERRIQ’0RIES A; the (?0lllI1llS$l(lI1,4 is guallflod to perform the conditions jot such. lcaso. ·(Jnly 9, 1921.; 42, § 207, 4,2 Stat; 110; Feb. 3,1923,, c. 56_,.§ 1, 42 $tat.‘1222..) .‘. ,_ . . - ~ _ ' 762. Same; conditions in leases.--Each lease niadc under the t authority granted thé" mmlssion by the provisions of section. · 701 of this title and the;\t:gct in respect ·to which the lcasejis made, shall bc doomed sulijcct to tho following conditions; · whether or not stipulated in the lense:`. i h · ’ ~ ~ » (1) Tholcsscc shall be a native Hawaiian ;_  _  I (2) `Thc lessee shall pay n rental of $1 alycar for- the` tract andthe lease shall he for a term of llil]£Q;11i1Zl€ years; ,' - . ‘ _ (3) The lessee shall. occupy and commcncéto- uso . or cultivate thé, tract hs his home or farm withfn one your after the lease isfmadet ~ _ _ ‘ . `'-”   D ` `(4) The lessee shall thereafter, for at least such_part of each ·_ year as the commission shall by regulation prescrihc; so occupy and useor cultivate tho tract on hisnoyvn behalf ;— _   Y ` . (5) The lessee shallnot in any manner transfer to, o1·.mort·  pledge, or otherwise hold for tho bcncnt of, any ·othé1·` · person, cxccpt, n native Hawaiian, and jthen  only upon the approval ot the commission, or. so to Ytranstcr, » mortgage, Tpiedgc, or otherwise) hold, his ll1l3éifé8t‘ECh€—¢I§i(Q$. lSugh lntérl est shall not, cxcoptin pursuance ot such a transfer, mortgage, ' or pledge Eto, or holdlngl for ,or ,agrccment__ 'with at native n Hawaiian, bc °subjcct to attachment, 1éyy,·- or sale upon court _ process. f.Thc· lessee shall not sublet his interest in the tract V _ or improvements thereon. Upon the death of the lessee. his interest fin  tract and improvements thereon shall vest undcrj 1 thallimitations provided for homcstcads or section 403- of the ‘ Revised Laws of-fEWm1_ot 1915; -  f · s (6)f The lessee shall pay all taxcsjusscssod upon the tract _ . and improvcmentsl_thereon within slxty days after they became » delinquent. It the lessee- fails so- to pay, the commission shall l thereupon pay the taxes and have a lion therefor as p1§ov_idéd· · in section 710 of this tlt1o·;». V { l ·,  _ 4 .. (7 )."Tl1e· lcsm shall perform such ·otl1c1·· condition, not in »· condict with any provision ot this subchapter, as the ,commls-·_ 2 sion may stipulate in the lcibcz Provided, howovor; Thatlthé. l lessee  be c;émpt from all taxes for tho hrst five years ._: from date of lease. _(Jnly_9, 1921, ci 42. 5 208. 42 Stat._‘111.·) E . 763. Same; anwcssor to _-lc•sccs.—-All sncocssors, whether by · agreement or process of lnw, to tha interest of the loam in; any 4 tract; shall bc' doomed to receive such interest subject to the { conditions which would rest upon the `lcssoa, it he then were ' the party holding the interest in thla tract. A éticcéssor rccclr- 1 lng suéhintoroy by ·m¤o¤·1t¤¤¢o  not,,durlng tho two years ie ¤ext.¢o11o·w1¤;rms inlxcritsncc-¤._ be   to havavlolntod any 1 _o! the condidons enumerated in section 702 ot this. title, even though m is not gs native Hawaiian and docs not on_ his own ·1 behalf ·mcirpy. and uso or cultivate. tho tract a•` n` homo or · {arm for such part ot tho! your as the conhmission. requires in accordance with tho regulations prescribed by it undo: para 2 graph (4) of section 702. »· (July 9, *1921, c. 42, { Q09, 42 Stat? ‘ 111.) * ·  ‘ - e - 704. Same: cancellation of lenses.-y-Whcuovcr the commis- 1 sion has reason to bcllcvc that any condition 'cnumorated ln e soctlou 702 ot this subchapter; or a.ny‘_proylsion ot section 703 ot this "titlc·‘hss been violatodgtho commission shall klvc duo 'a ‘notioc and adord opportunity for a hanging to tho lmao ot the 1 tract in respect to whlchtlw allcgod violation relates or to tho -1 t successor of the www intorost therein, as tho can demands. It upon such hcarlng tho commission  that tho Icom or. 1 hl; sqcccssor has vlolutod {any condition `in réspoct to' thé < leasing ot such tractf tho commission may declare his intorm _1 __ln the tract and all improvomants thereon to} be tortoitql and °¢ "tho lcasc ln rospcét thereto canceled, and shall thereupon order, < the tract to be vacated within s rouonablo time. The right to `1 thefusc and occupancy ot the Hawaiian homo lands contsinéd ,| in snob tract shall thereupon rcvost in the commission and the ·<

\ e , Nojzlvsvnnzt possssszows 1612 ,_ commission · may take possession of the tract and the improvements tlgereon. p ( Ju1y·9, 1921, c. 42, § 210, 42 Stat. 111.)·. · __ 105. Community pastures.-—'1‘he commission shall, when practicablm provide from the Hawaiian Home lands a community pasture mdjaoeut to each districgt in which agricultural lands are leased, as authorized by the provisions oft section 701a or ‘ this subchapter. (July 9,. 1921, cr 42* § 211,42 Stat. 112.) ` _706Q Return of lands not leased to control of commissioner. of ·public—lands;—-The commission may return any Hawaiian home lands not leased as authorised by the provisions of section 701`of this subchapter to-the control. of the cornmissioner ot publle lands; 4ny=Haws1lan·_nome_ lands so returned shall, until the commission gives notice as hereinafter in this section provided, resume and. maintain the status ot public lands fin accordance with the provisions of sections 663 ‘to*6‘{T and the ` Revised Laws of Hawaii of _1915,jexcept_ that such lands may be disposed of ;under_ il general lease only; Each such lease, whether or not stipulated therein,  be deemd subject) to the right and duty- of the commission of public` lands to terxni- ‘ nate the lease and- return.  lands to- the oommimon -wlzen·- ever,_ the commission, with the approval of the- Secretary ot ` the Interior; ·_glves_ notice to him that the commission [is, of the opinlou that the lands are   bp it for leasing as authorined by-. the provisions of section T01 of this subchapter or tor a' community pasture. ’ (July 9, 1921,   {-212, 42 Stat. 112.) __ 707. Hawaiian- home, loan fund; how ooastit¤ted.——There is established in the treasury ot the Territory a, revolving. fund l to be known as `*the “Hawaiian.Home Loan Fund." The entire reéeiptsf derived fron: any leasing ot the " available, lands " defined- in section · 697,- these receipts lneluding proportionate shares ot the receipts tromrtbe lands, o1!'Huumnla 'Maukn, Pilhonua, and Kaohe Makuu, ot which lands portions are yet to be selected, and 30 per centuxn of thei Territorial; receipts deriyed from the leasing ot, cultivated sugar-cane lands under any other provision of- law, or from water licenses, shall be covered into the fund until the amount ot moneys paid therein ` from those threesources alone shall equal. $1,000,000. In addition to these moneys and the rnoneys oovered into the revolving tu11d'aa” installments paid bylessees uponloans made to them as provided in paragraph 2 of section 709, there shall beoov- _» ered into the revolving fund all other/moneys received by the · commission from any soarceiwhatsoever; (July 9{ 1921, c. 42; B 218, 42 Stat. 1l2; Feb. 3; l923,· c. 56, S 2,.42 Stat. 1222.) » _· Y _708. Same; loanas frogt—+Tlie commission is authorized to inake loans from the fund to ·t_he` lessee ot any tract or the suc- @01* to his interestj therein. Such loans. may be made for the followink purposes: _ » e *· ° __ l r (1)_ The erection of dwellings on any tract and the undertaking of other permanent lmpwvemqrrts Ui6i'€0¤$ · _ · _(2) _The purchaa ot livestock a¤d"farm equipment; and (3) Otherwiéesssistlnj ln the. development ot tracts. (July 9,-1921, c. 42, §~ 21%,*42»Stat. 112.) . t · * /f ` 709. Same;  h. contracts- of loan.—Ench contract of loan- with the lesmor. the successor to his interest ln who tract shall beheld subject. to the iollovilng conditions, whether y nr not atipuland ln the contract ot loan: e   » ‘ (1_) The; amount of loans `to any one borrower outstanding af_any.ona- time shall not `excped $3.000;‘but~» the amount ot loans outstanding- at- any one time-to the holder ot_ a` residence lot shall not *exceed;~$1.00Q;Y‘_ · _ · ‘ ` (2)» The loans shall   repaid upon an amortization plan by means ot a nxed nummr [ot annual installments- suiilcient not cover (a) interest on the- unpaid prinelpal at the rate ot 5, petcentum par ·anmlm,“ and (b)   amount of the.principul ps will extinguish the ue¤t»wlm1¤»a¤ aéreed period- not ex'- medinz thirty years. e The moneys reeéxven by the ooinnmissiooi. Brom any installment paid- upon such loan. Blldll be mvered into zho  The payment ot any- lnstalllnent due shall, with the zonéurrencq therein dt at least three oi the nve members of