Page:United States Statutes at Large Volume 50 Part 1.djvu/529

 504 Proviso. Minimum period to be stated in lease. Leases to natives. Agricultural and pastoral lands, acreage limits. Proviso . Res idence lo ts. Pu hlic uti lities, easements. Co nditio ns im- posed. Transfer, etc ., re- strictions. Not subject to at- tachment, etc. Payment of taxes. Other conditions. Proviso. Tax exemption pro. visions. Succession to in- terests of deceased le sse es. Sequence of succes- sion. 75TH CONGRESS, lsr SESSION-CH. 482-JULY 10, 1937 more than five years' notice of such withdrawal : Provided, That the minimum withdrawal-notice period shall be specifically stated in such lease. "SEc. 207 (1) . (a) The Commission is authorized to lease to native Hawaiians the right to the use and occupancy of a tract of Hawaiian homelands within the following acreage limits per each lessee : (1) Not less than one nor more than forty acres of agricultural lands ; or (2) not less than one hundred nor more than five hundred acres of first-class pastoral lands nor more than one thousand acres of second-class pastoral lands Provided, however, That lots of not more than one acre of any class of land may be leased as residence lots . T he Com mi ssi on is al so authorized to grant licenses for terms of not to exceed twenty-one years in eac h case, to public-util ity compani es or corpo rations as e ase- ments for railroads, telephone lines, electric power and light lines, gas mains, and the like . "SEC. 208 ( 1) . The original lessee shall be a native Hawaiian, not less than twenty-one years of age. In case two lessees either original or in succession marry, they shall choose the lease to be retained, and the remaining lease shall be transferred or canceled in a ccorda nce w ith t he pro visio ns of succe eding secti ons. "SEC. 208 (5) . The lessee shall not in any manner transfer to, or mortgage, ple ge, or otherwise hold for the benefit of, any other person or group of persons or organizations of any kind, except a native Hawaiian or Hawaiians, and then only upon the approval of the Commission, or agree so to transfer, mortgage, pledge, or other- wise hold, his interest in the tract . Such interest shall not except in pursuance of such a transfer, mortgage, or pledge to or holding . for or agreement with a native Hawaiian or Hawaiians approved of by the Commission, or for any indebtedness due the Commission or for taxes, or for a ny other indebtedness the payment of which has been assured by the Commission, be subject to attachment, levy, or sale upon court process . The lessee shall not sublet his interest in the tract or improvements thereon . "SEC. 208 ( 6) . The lessee shall pay all taxes assessed upon the tract and improvements thereon. The Commission may in its dis- cretion pay such taxes and have a lien therefor as provided by section 216 of this Act. "SEC. 208 (7) . The lessee shall perform such other conditions, not in conflict with any provision of this title, as the Commission may stipulate in the lease : Provided, however, That an original lessee shall be exempt from all taxes for the first five years from date of lease . "SEC. 209 ( 1) . Upon the death of the lessee his interes t in the tract and the improvements thereon, including growing crops, either on the tract or in any collective contract or program, shall vest and be determined in the following manner. A lessee shall furnish the Commission, in writing, the name or names of such person or persons being a qualified native Hawaiian or Hawaiians, within the limits prescribed in the following sequence of succession, to whom he wishes his interest in the lea se to be tr ansferred a fter his de ath, this de sig- nation to be subject to the approval of the Commission : (1) In the widow or widower ; (2) if there is no widow or widower, then in the children ; (3) if there are no children, then in the widows or widowers of the children ; (4) if there are no such widows or widow- ers, then in the grandchildren ; (5) if there are no grandchildren, then in the brothers and sisters ; (6) if there are no brothers or
 * or (3) not less than two hundred and fifty