✨ Land Lease Conditions and Proclamation
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The rent for the remaining years of the lease shall be paid half-yearly by equal half-yearly payments.
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In addition to the rent, the lessee of each section shall be liable to pay, on the requisition of a majority of the leaseholders to the Superintendent, such sum, not exceeding the rate of ten shillings for each acre contained within his section; the same to be expended under the direction of the Provincial Engineer for purpose of drainage or for the formation of any bye-roads within the block.
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The leaseholder of each section shall be compelled by the terms of his lease to fence in his section within twelve months from the date thereof, and to cultivate at least one-tenth of it within the same period.
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Any leaseholder failing to comply with either of these conditions shall forfeit his lease, which shall then be again put up to auction and disposed of as before set forth: Provided that in such case the second lessee shall, in addition to any arrears of rent, be liable also for one half of the cost of any sufficient dividing fence that may have been erected by any adjoining leaseholder.
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The Provincial Government shall give an undertaking that in case the lands, or any part thereof, contained in any block leased under these conditions becoming the property of the Government, a pre-emptive right of purchase of the land contained in his lease shall be given to each leaseholder, such pre-emptive right to be subject to the payment of a valuation to be fixed by arbitration (in the usual manner); such valuation not to include any improvements that may have been effected by the leaseholder, nor to be a less sum than the total cost to the Government of such land: Provided that any such promise of pre-emptive right as aforesaid given to any leaseholder who may forfeit his lease shall be null and void.
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If the upset price for any lot be not bid, such lot shall be withdrawn from sale, but will remain open to be leased under the 13th condition.
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If any dispute shall arise between two or more bidders, the lot in dispute shall be immediately put up again.
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If any person fail to make the payment by way of deposit as provided for in the 2nd condition, the lot bid for by such person shall be immediately put up again for sale.
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A lease of each lot will be granted to each purchaser or lessee, and such purchaser or lessee will be required to execute a counterpart thereof within fourteen (14) days from the date of sale, and to pay the expenses of the lease and counterpart; and if any purchaser or lessee shall fail to execute such counterpart lease within the time lastly mentioned, the deposit paid by such purchaser shall be absolutely forfeited, and the purchase shall be declared rescinded.
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A copy of the proposed lease can be seen at the time of sale. Such lease will contain the usual covenants and provisos, and a covenant restraining the lessee from requiring the lessor to fence or contribute towards fencing the land comprised in such lease and land adjoining the property of the lessor.
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Any lots remaining unsold may, during a period of one year from the day of sale, be leased by any person at the upset price, subject to these present conditions.
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Should there be any simultaneous applications for the lots mentioned in the last condition, then such lot or lots shall be submitted to competition between the applicants only. The highest bidder at such sale shall be considered the purchaser or lessee, subject to the present conditions.
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Upon the execution of the lease and counterpart hereinbefore mentioned, each purchaser or lessee shall enter into possession of the lot comprised in his or her lease.
PROCLAMATION.
By His Honor Donald M’Lean, Esquire, Superintendent of the Province of Hawke’s Bay, in the Colony of New Zealand.
WHEREAS by a Proclamation under my hand and issued under the public seal of the said Province, and bearing date the first day of February, one thousand eight hundred and sixty-four, after reciting sections nine and ten of “The Diseased Cattle Act, 1861,” and reciting the delegation to me, the said Donald M’Lean, by the Governor of New Zealand, of the several powers vested in the said Governor by the second, fourth, fifth, sixth, ninth, and tenth sections of the said Act, I, the said Donald M’Lean, by virtue of the powers vested in me in that behalf, did proclaim that after the date thereof the several Colonies of Australia, that is to say,—the Colony of Victoria, the Colony of New South Wales, the Colony of Queensland, the Colony of South Australia, and the Colony of Western Australia, as well as the Colony of Tasmania, as well as from all the ports situate in the Colony of New Zealand, and in the Colony of the Cape of Good Hope, and the Islands of Great Britain and Ireland, should be deemed to be infected districts within the meaning and for the purposes of the abovementioned Act, and that no cattle after the date hereof until further notice, should be imported into the Province of Hawke’s Bay from such districts: Provided, however, that the Superin-
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✨ LLM interpretation of page content
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Land Lease Auction Notification for Hikutoto and Papakura Blocks
(continued from previous page)
🗺️ Lands, Settlement & Survey18 May 1866
Land lease, Auction, Hikutoto Block, Papakura Block, Ahuriri Plains, Napier
⚖️ Proclamation Regarding Diseased Cattle Act
⚖️ Justice & Law Enforcement18 May 1866
Proclamation, Diseased Cattle Act, Import Restrictions, Hawke's Bay
- Donald M'Lean, Esquire, Superintendent of the Province of Hawke's Bay
Hawke's Bay Provincial Gazette 1866, No 17