applicant for any other interest in land under this act, may make application for one of the said lots for his own use and benefit under the provisions of this part of this act.

Provided, however, that any qualified person may apply for one lot of wet land in addition to land of any other description already applied for or acquired by him under this part of this act, where such lot of wet land is reasonably near such other lot; and

Further provided, that no application of a married person whose wife or husband owns land other than one acre of wet land in her or his own right in the Hawaiian Islands, or who is an applicant for land under this act, shall be received or considered unless the marriage status of such person has been affected by a decree or annulment, separation, or divorce.

SEC. 32. If the qualifications of the applicant are satisfactory according to the foregoing statement thereof, the subagent shall execute a certificate of occupation in three parts for the lot applied for in favor of the applicant, and deliver one part to the applicant, another shall be filed with the agent of public lands, and the subagent shall keep the third on tile in his office. The applicant upon receiving the said certificate shall have the right to take possession of and occupy the land described therein and shall then be known as an occupier, which shall also be the designation of any successors to his rights under the said certificate of occupation. The occupier shall be entitled to a lease of said premises at the end of six years from the date of such certificate of occupation, if all of the conditions of such certificate to be performed by the occupier shall have been substantially performed by him. The receipt of such certificate by the occupier shall be an acceptance and atfirmation of the stipulations and conditions therein set forth.

CONDITIONS OF OCCUPATION.

SEC. 33. The right of possession of the occupier shall, in addition to the conditions set forth in section 41, be subject to the following special conditions:

1. He shall, before the end of two years from the date of the certificate of occupation, build a dwelling house on the said premises unless a suitable dwelling house is already a part of the same.

2. He shall, before the end of two years from the date of the certificate of occupation, begin to reside on the said premises.

3. He shall continuously maintain his home on the said premises from and after the end of two years from the date of the certificate of occupation.

4. He shall, before the end of six years from the date of the certificate of occupation, reduce to cultivation and have in cultivation at one. time not less than ten per cent of the said land, or reduce to cultivation and have in cultivation at one time not less than five per cent of the said land, and plant and keep in good growing condition on the said premises an average of not less than ten timber, shade, or fruit trees per acre thereof, if the same is classed as agricultural land; or if the same is classed as pastoral land, he shall, before the end of six years from the date of the certificate of occupation, fence in the same. SEC. 34. If at the end of two years from the date of the certificate of occupation it shall appear that the occupier has failed in performing either the first or second condition set forth in the last preceding

section, or if at the end of six years from such date it shall appear he has failed to perform either the third or fourth condition set in the last preceding section, the commissioners may take posseof such premises, with or without legal process and without no demand, or previous entry, and thereby determine the estate cr by such certificate of occupation.

CONDITIONS OF LEASE.

SEC. 35. If at the end of the said six years it shall appear tha occupier has performed all of the said special conditions set for section 33 and also the conditions set forth in section 41, the age public lands shall certify to the president the performance the who shall thereupon execute a lease in three parts in favor of the pier for the term of nine hundred and ninety-nine years, which shall be countersigned by the minister of the interior. The occu upon receiving such lease shall thereafter be designated the le which shall also be the designation of any successors to his right u the same.

SEC. 36. One part of the said lease shall be filed in the office of agent of public lands, another part filed in the office of the subag and the third delivered to the lessee upon his payment of a fee of dollars, the receipt of which shall be endorsed upon the said third by the subagent. And no interest shall be conferred by such except upon delivery thereof as aforesaid and the payment of such and the receipt of such lease by the lessee shall be an acceptance affirmation of the stipulations and conditions therein set forth.

SEC. 37. If the person named as a lessee in any such lease shal to attend in person or through his agent duly authorized in writin the office of the subagent and to pay such fee and to receive such for six months after the expiration of six years from the date of certificate of occupation, the right of such person to such lease an the land therein demised shall cease, and the said lease and the ce cate of occupation relating thereto shall be void.

SEC. 38. Neither such certificate or lease or the interest of occupier or lessee in the premises named in the same shall be assigna either by way of mortgage or ortherwise except as below provi neither shall such certificate or lease or the interest of the occupie lessee therein, nor the buildings, improvements, or crops at any placed or growing upon such premises be subject to attachment, le or sale upon execution, or upon any process in bankruptcy, nor u any process issuing from any court in this country; neither shall premises named in such certificate or lease or any part thereof be sub

Any occupier or occupiers or lessee or lessees holding the w interest in a certificate of occupation of homestead lease may at time surrender such interest to the government by delivery of the tificate of occupation or lease to the subagent with the intention to: render such interest properly endorsed thereon and signed by him them in the presence of the subagent and duly acknowledged. such surrender shall release the occupiers or lessees from all furt duty of performance of the conditions of the document surrender No surrender by a minor under eighteen years of age shall be va except through a statutory guardian. Any two holders of such cer cates or of such leases in any one district who are not in defaul

the performance of any of the conditions of their respective certificates of occupation or lease may, with the consent of the subagent and upon payment to him of a fee of one dollar each, exchange their certificates of occupation or leases with each other with or without any additional consideration therefor. In case of such exchange the fact of the exchange shall be endorsed by the subagent upon the said two certificates of occupation or leases and recorded in his book of records, and the occupiers or lessees, respectively, shall be liable for the performance of all unperformed conditions of the certificates of occupation or leases received by them in such exchange and shall be relieved of the performance of all conditions in the leases given up by them. An occupier and a lessee may not exchange with each other.

SEC. 39. The right of possession of a lessee shall, in addition to the condition set forth in section 41, be subject to the following special condition:

He or his successors shall continuously maintain his home upon the leased premises.

SEC. 40. If it shall appear at any time that the lessee has failed in the performance of the said condition, or has done such acts or permitted such circumstances to exist as constitute a virtual abandonment of the said premises as a home, the commissioners may, with or without legal process and without notice, demand, or previous entry, take possession of the demised premises and thereby determine the estate created by such lease.

SEC. 41. The right of possession of an occupier or lessee to the premises held by them respectively under a certificate of occupation or a homestead lease shall, in addition to the special conditions set forth in sections 33 and 39, be subject to the following conditions:

1. He shall pay the taxes assessed upon said premises within sixty days after the same are delinquent.

2. He shall perform any condition in such certificate of occupation or lease for the planting of trees, the protection of trees growing or to be planted on such premises, and any condition of such certificate of occupation or lease for the destruction of vegetable pests that may be on such premises or for the prevention of the future introduction of such pests thereon.

SEC. 42. The violation of any of the foregoing conditions shall be sufficient cause for the commissioners to take possession of the demised premises, with or without legal process, and without notice, demand, or previous entry, and thereby determine the estate created by such lease.

SEC. 43. In case of the death of any occupier or lessee, all the interest of such occupier or lessee, any conveyance, devise, or bequest to the contrary notwithstanding, in land held by such decedent by virtue of a certificate of occupation or a homestead lease shall vest in the relations. of the decedent as follows:

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 widowers, then in the grandchildren.

5. If there are no grandchildren, then in the fathers.

6. If there is no father, then in the mother.

7. If there is no mother, then in the brothers and sisters.

8. If there are no brothers and sisters, then in the widows or owers of the brothers and sisters.

9. If there are no such widows or widowers, then in the neph and nieces.

10. If there are no nephews or nieces, then in the widows or wi ers of the nephews and nieces.

11. If there are no such widows or widowers, then in the g children of the brothers and sisters.

12. If there are no grandchildren of any brother or sister, th the republic of Hawaii.

And all such successors, except the republic of Hawaii, sha subject to the performance of the unperformed conditions of such tificate of occupation or lease, in like manner as the decedent v have been subject to such performance if he had continued alive.

Provided, however, that if a widow or widower in whom such est shall have vested as aforesaid shall thereafter marry agai decease, leaving a widower or widow and a child or children of first marriage surviving, the interest of the deceased shall vest in child or children. And further provided, that in case two or persons succeed together to the interests of any occupier or according to the foregoing provisions, they shall hold the sar joint tenancy so long as two or more shall survive, but upon the of the last survivor the estate shall descend according to the prov of the first part of this section. And in case of such joint tenan continuous residence of any such tenants upon the premises sh sufficient performance of the conditions of residence set forth

tions 33 and 39.

SEC. 44. In case of the death of an occupier or lessee the in of the successors shall not be liable to forfeiture during a per six months from such death. If no successors to the deceased take possession of the premises within a year from the death o tenant, the premises shall thereupon vest in the government.

SEC. 45. In case two or more persons succeed together to the i of an occupier or lessee, any one or more of such persons les the whole number may file in the office of the subagent an offer remainder of such persons to buy their interest in the premise sell to them their own interest therein at a stated price accor the proportion of the respective interest in question, and may with the subagent the amount of such offered price in money, fee of ten dollars. The subagent shall thereupon notify the pa whom such offer is made of the nature of the offer and order t file with him their answer within sixty days whether they will sell according to such offer. If the parties to whom such made file with the subagent within sixty days of the time o receiving such notification of their answer stating that they y their interest according to the terms of the offer, the subage endorse the fact of such sale, with the amount of the considerat the certificate of occupation or the lease, as the case may be, a to such parties the amount of such consideration deposited wi according to their individual interest; and the interest of such shall thereupon vest in the parties making the said offer. The such transfer shall be properly recorded in the official records subagent and endorsed upon the certificate of occupation or lea by the occupier or lessee. If, however, the parties to who

offer is made fail to answer within sixty days from the time of their being notified of such offer, or within sixty days from the time the notice of such offer is mailed to their last known place or places of abode, or shall answer within sixty days that they will buy the interest of the parties making such offer on the terms offered, but fail within sixty days after such notification to deposit the amount representing the value of such interest according to the terms offered, their interest shall vest in the parties making the offer and the amount of such consideration shall be paid by the subagent to them individually or their respective representatives upon application. In such case the fact of such transfer shall be recorded and endorsed as above provided.

But if the parties to whom such offer is made shall, within sixty days from the time of such notification, make answer to the subagent that they will buy the interest of the offering parties and shall deposit within sixty days with him the amount required for such purpose according to the terms of the offer, the subagent shall endorse and record the fact of such sale as above provided, and pay to the offering parties the said amount according to their individual interests; and the interest of the offering parties shall thereupon vest in the answering parties. In such case the consideration money deposited by the offering parties shall be returned to them.

SEC. 46. The limit of sixty days above provided in which parties shall answer shall date from the time the last person entitled to notification is notified, in the manner above set forth. No transfer of interests in a certificate of occupation or a lease owned by two or more persons as provided in section 45 shall be valid if any of the said persons are minors under the age of eighteen years unless such minors are represented by statutory guardians.

SEC. 47. Land held by two or more persons under a homestead lease shall not be subject to partition.

SEC. 48. In case the interest in any such certificate of occupation or lease should vest solely in a married woman or a minor under the age of eighteen years under the provisions of section 43, the conditions of residence set forth in sections 33 and 39 shall be satisfied respectively during coverture of such married woman, or during the time such minor is under eighteen years of age, by the residence of an agent.

SEC. 49. In case two occupiers or one occupier and one lessee should intermarry not less than twelve months after the date of the most recent certificate of occupation taken out by either of them, the said conditions of residence shall be satisfied by their residence on either of their holdings.

SEC. 50. Land held either under a certificate of occupation or under a homestead lease shall be liable to taxation as estates held in fee. SEC. 51. Certificates of occupation and homestead leases shall not require to be stamped.

SEC. 52. In case of a surrender by occupiers or lessees of their interest to the government, as provided in section 38, if all the conditions of the surrendered certificate of occupation or lease to be performed by the occupier or lessee up to the time of such surrender shall have been substantially performed, the persons so surrendering such interest shall be entitled to receive from the government the value of the permanent improvements on the premises surrendered, whenever such value shall be received by the government from a new tenant according to the provisions of section 54, and the minister of finance is