PART IV. 
RELATING TO EXISTING HOMESTEAD RIGHTS;



CONTINUATION
THEREOF AND REMOVAL OF CERTAIN RESTRICTIONS



 



§171-97  Definition.  As used in this
part:



"Cash freehold" means a right of
possession to land under an agreement called a freehold agreement under section
73 of the Hawaiian Organic Act;



"Certificate of occupation" means an
instrument preliminary to a homestead lease, giving the applicant possession of
land;



"Freeholder" means a person holding
land under a freehold agreement;



"Homestead lease" means a lease of
land made for a term of nine hundred and ninety-nine years, under provisions of
law which were repealed by section 3 of Joint Resolution 12, Session Laws of
1949, ratified by the Congress of the United States by the Act of September 1,
1950 (64 Stat. 572);



"Occupier" means a person entitled to
the possession of land under a certificate of occupation. [L 1962, c 32, pt of
§2; Supp, §103A-91; HRS §171-97]



 



Case Notes



 



Decisions under prior law.



  To reside on premises and to continuously maintain a home
thereon do not mean the same thing.  Residing is all that the statute
requires.  19 H. 1.  However residence must be in good faith to establish a
home.  21 H. 104.



  Cultivation of premises must be done by freeholder not
another.  An agreement that another may enter the freehold to grow and harvest
constitutes an assignment.  21 H. 104.



  L 1929, c 160 only applies prospectively.  35 H. 550.



  Deed of homestead land under prior law to citizen son of
alien who furnished consideration, trust for other children.  49 H. 62, 412
P.2d 326.