Page:United States Statutes at Large Volume 50 Part 1.djvu/530

75TH CONGRESS, 1sT SESSION-CH . 482-JULY 10, 1937 sisters, then in th e widows o r widowers of the bro thers and sisters ; (7) if there are no such widows or widowers of the brothers or sisters, then in the nephews and nieces . "In the absence of such designation the Commission shall choose a qualified native Hawaiian or Hawaiians in accordance with the foregoing sequence, either in dividually or collect ively, exc ept that such successor or successors need not be twenty-one years of age . "Upon the death of a lessee, or the cancelation of a lease by the Commission, or the surrender of a lease by the lessee, the Commission shall appraise the value of all such improvements and said growing crops and shall p ay to the legal rep resentative of the deceased lessee, or to the previous lessee, as the case may be, the value thereof, less any indebtedness due the Commission, or for taxes, or for any other indebtedness the payment of which has been assured by the Commis- sion, from the previous lessee . Such appraisal shall be made by three a ppraise rs, one of whi ch shal l be na med by the Com mission , one by the previous lessee or the legal representative of his estate, and the third shall be selected by the two appraisers hereinbefore mentio ned . "SEC. 209 (2) . After the cancelation of a lease by the Commission in accordance with the provisions of sections 210 and 216 of this title, or the surrender of a lease by a . lessee, the Commission is authorized to transfer the lease or to issue a new lease to any qualified Hawaiian regardless of whether or not he is related in any way by blood or marriage to the previous lessee . "SEC . 209 (3) . After the death of a lessee, a successor or suc- cessors as defined in section 208 of this title shall not during a period of not less than six months nor more than two years, the exact length of such period to be fixed by the Commission, be deemed to have violated any of the conditions enumerated in section 208 of this title, even though he is not a native Hawaiian and does not during this period, on his own be half, occu py or use or cultiva te the tra ct as a home or far m in accor dance with the provi sions of t his title and the stipulations and provisions contained in the lease . "SEC. 209 (4) . Should any successor or successors to a tract be a minor or minors, the Commission may appoint a guardian therefor, subject to the approval of the court of proper jurisdiction . Such guardian shall be authorized to represent the successor or successors in all matters pertaining to the leasehold : Provided, That said guard- ian shall, in so representing such successor or successors, comply with the provisions of this title and the stipulations and provisions contained in the lease, except that said guardian may not be a native Haw aiian as defined in section 201 of this title . "SEC. 215 (1) . Each contract of loan with the lessee or any suc- cessor or successors to his interest in the tract shall be held subject to the following conditions, whether or not stipulated in the contract of loan : The amount of loans at any one time to any lessee of a tract of agricultural or pastoral land shall not exceed $3,000, and to any lesse e of a res idence lot shall not exceed $1, 000 : Provided, That where, upon the death of aa lessee or the cancelation of a lease b the Commission or the surrender of a lease by the lessee, the ommission shall make the appraisal and payment provided by section 209 (1), the amount of such payment shall be considered as pa rt or all, as the ca se may be, of any suc h loan wit hout limit ation as to the maximum amounts herein specified in this section . "SEC . 215 (2) . The loans shall be repaid upon an amortization plan by means of a fixed number of annual installments sufficient 505 Commission to cho ose in abs ence of designation . Appraisal of im . provements, crops, etc . Cancelations for vio- lation s of condi tions ; transfer or issuance of new lease . use of land by suc- cessor upon death of lessee . Appointment of guardian if successor be a minor. Proviso . Requirements. Loan contracts . Proviso . Appraisal and pay- ment upon death of lessee, etc. Amortization .