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HomeMy WebLinkAboutCOM 0452.013 2008-2010 SECOND ACT OF KAM]EHAMIEHA 111 lugs 19, Volume 1. AN ACT TO ORGANIZE THE mmcu nVE DEPARTMENT OF THE HAWAIIAN ISLANDS. Page 95, Volume 1. CHAPTER VII OF THE HAWAIIAN LAND OFFICE ARTICLE I.-OF THE CESSION OF PRIVATE LAND TO THE GOVERNMENT AN ACT ORGANIZE THE EXCUnW DEPARTMENTS. Page 96, Volume 1. Section III. Every cession to government, when agreed upon by the privy council and approved by His Majesty, shall, if accepted to by the proprietor, be engrossed in a book of grants kept by the minister of the interior, and shall be signed originally in said book by the grantor of the lands ceded, in the following from, viz: KNOW ALL MEN BY THESE PRESENTS, That I, , of the district of , Hawaiian Islands, for and in consideration of the sum of dollars to me in hand paid, (or as the case may be to me secured by, &c. setting forth the security) have granted, bargained, sold, enfeoffed, conveyed and do hereby confirm unto His Majesty, Kamehameha , king of the Hawaiian Island, and to his successors and assigns, all my rights, title, interest, claim, possession, right of possession, reversion, right of reversion, remainder and right of remainder, in and to the following described tract or tracts of lands, situate on the Island of , viz: Together with all and singular the tenements, hereditaments, buildings and improvements now situate thereon, and all the natural privileges of water, timber, stone, lime, sand, way, ingress, egress and regress, and all the rights of piscary thereto appendant; subject only to the private vested or other rights therein of all persons having such rights in said tract or tracts which were acquired in accordance with the past usages of the country, or confirmed by existing laws: To have and to hold the tract or tracts above specified, in manner and forms as above conveyed, subject only to the above reservation, in favor of the third persons having vested right therein unto His Majesty the king, and unto his successors and assigns forever. In witness whereof I the said , have hereunto set my hand and seal, at Honolulu, in presence of His Highness the premier, this day of ,18_ . Comm, No. 5a., (31 Ref. To: Ref. Oche OCT 2 0 2009 SECOND ACT OF KAM1ElH[AM1ElEHA III Page 19, Volume 1. AN ACT TO ORGANIZE THE EXCUTra DEPARTMENT OF THE HAWAIIAN ISLANDS. Page 95, Volume 1. CHAPTER VII OF THE HAWAIIAN, LAND OFFICE ARTICLE II. ---OF THE DISPOSMON OF GOVERNMENT LANDS Page 99, Volume 1. AN ACT TO ORGANIZE THE EXCUTIVE DEPARTMENT Page 100. Volume 1. Section V. In all cases of absolute sale, agreed upon as aforesaid, the patent shall be signed by His Majesty, be attested by the minister of the interior, impressed with the seal of the Hawaiian Islands, and recorded in a book of patent, to be kept in the bureau by this chapter created: Provided that no such patent shall issue from said bureau, until the party for whose benefit it is granted, shall have delivered to the minister of the interior, the duplicate of a receipt from the minister of finance, for the consideration expressed in said patent; which duplicate receipt shall be recorded in the bureau of the land office, below the record of the patent issued thereon. Section VI. The form of all royal fee simple patent shall be as follows: KAMEHAMEI-IA.,.,, by the grace of God, king of the Hawaiian Islands, by this his royal patent, make known unto all men, that he has for himself and his successors in office, this day granted and given, absolutely, in fee simple unto , his faithful and loyally disposed subject, for the consideration of dollars, paid into the royal exchequer, all that certain piece of land, situated at , in the island of , and described (by actual survey or by natural boundaries as the case may be) as follows: OF THE DISPOSITION OF GOVERNMENT LANDS. Page 101, Volume 1. containing acres, more or less; excepting and reserving to the Hawaiian government, all mineral or metallic mines, of every description. To have and to hold the above granted land in fee simple, unto the said his heirs and assigns forever, subject to the taxes to be form time to time imposed by the legislative council equally, upon all landed property held in fee simple. In witness whereof I have hereunto set my hand, and caused the great seal of the Hawaiian Islands to be affixed, at Honolulu, this day of , 18-. ( L. S.) Attest, , Premier. SECOND ACT OF IAhvti EHAMEHA III Page 19, Volume 1. AN ACT TO ORGANIZE THE EXCLMVE DEPARTMENT OF THE HAWAIIAN ISLANDS. Page 95, Volume 1. CHAPTER VII OF THE HAWAIIAN LAND OFFICE ARTICLE u. --OF THE DISPOSITION OF GOVERNMMa LANDS Page 99, Volume 1. AN ACT TO ORGANIZE THE EXCUTIVE DEPARTMENT Page 102. Volume 1. Section X The minister of the interior shall have power, with the approbation of the king and upon vote of the privy council, as hereinbefore required, to lease to ant person in these islands, whether native or naturalized subjects, or aliens, domiciled according to law, ant quantity of the royal domain for any term to be prescribed in such lease, not exceeding fifty years to aliens, upon an annual rent to be reserved and to be payable in advance to the minister of finance at the royal exchequer. Section XI. Every lease of lands entered into by the minister of the interior, as in the proceeding section allowed, shall be in the form and upon the reservations and conditions following, to wit: The indenture of lease between His Hawaiian Majesty's minister of the interior of the one part, and , of , Island of , Hawaiian Islands, of the other part, witnesseth: that the Hawaiian government has leased and does hereby lease unto the said n, his executors, administrators and assigns, upon the condition hereinafter expressed, that tract of land containing acres, situate at , Island of , and known by the following boundaries: which tract, and all its present improvements and advantages, the said , his executors, administrators and assigns is to possess and enjoy, without unlawful molestation, for the terms of years from this date, provided he or his said representatives shall, during that period, comply with the following engagements on his part, viz: The said , is yearly, during said term, to pay the minister of finance, at the royal exchequer, as the reserved rent of said land, the sum of dollars; upon landed property, which are applicable to leasehold estates; he is by no means to manufacture or sell any ardent spirits upon said land; and at the full expiration of the term of years, he is to restore the said land to His Highness, the minister of the interior, for the use of the Hawaiian government, together with all the buildings, enclosures and improvements thereon. And it is hereby covenanted by the said , that in case default shall be made in the payment of the rent as above reserved, that it shall be lawful for His Majesty's attorney general, for the said or of his representatives, found at the time of such default, upon the said premises, to the value of the rent in arrear; or to sue for and Page 103, Volume 1. levy the same on executive, upon any other properly of said or of his representatives; and also, that in case of non-payment of rent, whether the same shall have been destrained or levied on execution, as above authorized; or in case either of the other conditions above set forth shall be violated, then it shall be lawful for the said attorney general to cause this lease to be annulled, and the minister of the interior reinstated in the premises hereby demised. in witness whereof the respective parties have hereto set their hands and seals, this day of (L. S.) (L. S.) Section mi. The said lease shall be recorded originally before delivery in a book of lease; to be kept in the archives of the bureau by this act created, and the minister of the interior shall be entitled to receive at the hands or the lease, for the use of the royal exchequer, the fee of leasing and recording, established by the third part of this act. I (IF TIM Pn/tt.tC ar MI'S. government press shall receive payment, at the hands of the person applying for the same, the price prescribed and graduated in and by the third part of this act, for the benefit of the royal exchequer. And it shall he the duty of Isis Majesty's attorney general, as provided in the fifth part of this act, to prepare and propose to the L - and premier for adoption, all the forms in blank, contemplated in this section; which, when so prepared and adopted, be shall furnish to the director of the government press, to be printed in blank by the said director, and sold stamped in blank, to whonmever it may concern, at the price to ho prescribed by an executive circular, eutanating front file interior department, for the benefit of the royal exchequer- SECTION II. The said stamp shall coniist of the device of the royal crown; shall .be of the diaincter.of au inch; and shall be im- said pressed upon said documents with the words, " Royal Stamp" its- over the crown in the Hawaiian, and under the crown in the English language.- This device may, however, be altered front time to time, by an order in council. SECTION III. No document required to be stamped by law shall be of any valid force in the courts of this kingdom, unless the same shall have been previously impressed, as herein above pro- vided. SECTION IV. It shall be the duty of the director of the govern- ment press to keep in sonic place convenient to the public, a depo- sitory for the sale of said legalized blanks, and of the said govern- ment newspaper, and of die printed laws • of the kingdom, and of all government documents, which from time to time may be ordered to be printed for general information. It shall also be his duty to open running accounts tt•ith each of His Majesty's five utinisters; in which accounts, the director of the public press shall debit them officially, . with the fulfilment of all written orders for stamped doctunetus direct- ed to him, as they may from time to time have occasion to supply the presiding officers of their respective bureaux therewith; to be used and sold by said officers, in the regular course of their official trans- actions, and to he accounted for t~, •l-e mini-e- -!r pittance. It shall be the duty of sai.:. :r- VOL. I- L q is