1754

THE NEW ZEALAND GAZETTE.

Deposit ... £

Signature in full:
Residence:
Occupation:
Date:

SECOND SCHEDULE.

THIS deed made the __ day of __, in the year of our Lord one thousand eight hundred and seventy-__, between Her most Gracious Majesty Victoria, of the United Kingdom of Great Britain and Ireland, Queen, of the first part, and the Land Board of the Nelson Land District, of the second part, and __, who and whose heirs, executors, administrators, and assigns, is and are, unless where the context requires a different construction, styled the lessee, of the third part:

Whereas the lessee has made application to the Land Board of the Land District of Nelson for a lease of the Crown lands hereinafter demised, under and by virtue of and subject to the terms and conditions imposed by “The Land Act, 1877,” and the Appendix E thereto and the regulations made thereunder respectively: And whereas the lessee has complied with the regulations and conditions, and has paid the deposit by the said regulations required: And whereas the said Board has assessed the said land at its value to sell, as provided by section eight of Appendix E to the said “Land Act, 1877,” and the same is assessed at __ pounds: Now this deed witnesseth that, in consideration of the rents hereinafter reserved, and the covenants on the lessee’s part hereinafter contained, Her Majesty the Queen doth hereby demise and lease, and the Land Board aforesaid doth hereby demise, lease, and confirm, unto the lessee all that __, as the same is delineated on plan drawn hereon, bordered red, together with the appurtenances, to hold the same unto the lessee, subject to “The Land Act, 1877,” and the said Appendix E thereof, and to any amendments thereof respectively, and of any Act or Law passed for the like purpose, and to any regulations made thereunder respectively, and to the terms and conditions applicable to or directed to be implied in leases by any Law or Ordinance for the time being, for the term of fourteen years from the __ day of __, one thousand eight hundred and __, yielding and paying therefor yearly and every year during the said term the annual rent or sum of __ sterling, payable in advance on the first day of January in every year.

Except and always reserved out of this demise unto Her Majesty, her heirs, successors, and assigns, all mines, minerals, in, under, or upon the said demised premises, with full and free liberty of ingress, egress, and regress for her or their agents, servants, and workmen, and her and their lessees and licensees, and all other persons whomsoever, holding a license or authority from the Governor or from the Minister of Lands, with or without horses, carts, carriages, and other vehicles, into, through, and over the said land and premises, to search for and work the said mines and minerals, and to sell, carry away, and dispose of the same, and to make all necessary and convenient roads for such purposes.

And also excepted and always reserved out of this lease, unto Her Majesty, her heirs, successors, and assigns, the right to lay out and construct through and over the said lands hereby demised such roads, other than the roads before-mentioned, as by Her Majesty, her heirs, successors, and assigns, or the Government of the colony, or the Minister of Lands, may be deemed necessary for the public benefit, without any compensation being made therefor, other than the reduction of the rent hereinafter mentioned.

Provided also that the lands taken for the purpose of such roads, other than the roads for access to mines before mentioned, shall not exceed the proportion of five acres for every hundred acres herein comprised.

Provided also that the rent hereby reserved shall, whenever any part of the said land shall be taken for such roads, be reduced at the rate of ten per centum for every acre or part of an acre so taken.

And the lessee covenants with Her Majesty, her heirs, successors, and assigns, that the lessee shall not, nor will, during this demise, assign, underlet, or otherwise dispose of or part with the possession of the demised premises or any part thereof, or of his or their interest therein, otherwise than by will; but the lessee may, with the consent in writing of the Commissioner of Crown Lands of the Land District of Nelson first had and obtained, assign the lessee’s estate and interest in the entirety of the leasehold premises hereby demised: Provided that such license or consent shall not extend or be construed to extend to any future assignment unless so expressed.

Provided nevertheless that consent to any assignment as aforesaid shall not be withheld, if at the time of applying for such consent the covenants and conditions of this lease shall be fully observed and performed; and the lessee shall pay all rents in arrear, and any fee which for the time being is by any regulation or law required to be paid for any certificate or memorandum that such assignment has been recorded by the Commissioner of Crown Lands.

And the lessee further covenants with Her Majesty, her heirs, successors, and assigns, that if at any time during this demise the rent thereby reserved, or any part thereof, shall be in arrear and unpaid for six calendar months, the lessee will pay double the rent so in arrear: Provided nevertheless that this covenant shall not prejudice the rights and remedies of Her Majesty, her heirs, successors, and assigns, under the power of re-entry hereafter contained.

Provided always, and it is expressly agreed, that if the rent hereby reserved, or the said double rent or any part thereof respectively, shall be unpaid for three calendar months next after any of the days on which the same ought to have been paid (although no formal demand shall have been made thereof), or in case of the breach or non-performance of any of the covenants and agreements herein contained or implied on the part of the lessee, then, and in either of such cases, it shall be lawful for Her Majesty the Queen, her heirs, successors, or assigns, at any time thereafter, into and upon the said demised premises, or any part thereof, in the name of the whole, to re-enter, and the same to have again, repossess, and enjoy as of her or their former estate, and such re-entry shall operate to release and discharge the lessee’s estate and interest at law and in equity to the demised premises, anything herein contained to the contrary notwithstanding; but such re-entry shall not release the lessee from any rent in arrear, or from liability for any breach of covenant: Provided that no covenants whatever shall be implied herein on the part of Her Majesty the Queen, or the Land Board aforesaid respectively.

In witness whereof these presents have been executed by or on behalf of the parties hereto, the day and year first above written.

Signed &c., &c.

As witness the hand of His Excellency the Governor, this ninth day of December, one thousand eight hundred and seventy-eight.

ROBERT STOUT.