✨ Lease Form Schedule
936
THE NEW ZEALAND GAZETTE.
[No. 65
- The term of each lease shall be for a period of
twenty-one years. - The lease of the lands shall be put up for sale
by public auction at the upset price of two shillings
rental per acre per annum. - The conditions, covenants, and stipulations of
every lease shall be those set forth in the form of
lease in the First Schedule hereto. - No fine, premium, or foregift shall be taken on
any lease under these regulations.
FIRST SCHEDULE.
FORM OF LEASE.
THIS deed, made the day of , one
thousand eight hundred and , between
(hereinafter called the
"lessor"), of the one part, and of
(hereinafter called the "lessee"), of the other part,
witnesseth that, in consideration of the rent herein-
after reserved, and of the covenants, conditions, and
agreements hereinafter contained and implied, and on
the part of the lessee , executors, adminis-
trators, and permitted assigns to be paid, observed,
and performed, the lessor doth hereby demise and
lease unto the lessee , executors, adminis-
trators, and permitted assigns, all that parcel of land
bounded
as the same is delineated on the plan
drawn hereon, and therein, edged with a red
colour; together with all the rights, easements, and
appurtenances thereunto belonging or appertaining,
excepting and reserving, nevertheless, out of this
demise unto the lessor, his successors and assigns,
all mines, metals, minerals, coal, lignite, lime, slate,
and freestone in or upon the land hereby demised,
with power to work, use, possess, sell, and dispose
of the same, or any part thereof respectively,
except such as may be required by the lessee
for his own use, but not for sale or disposal.
With power also to the lessor to make roads
through the said piece or parcel of land, and for
such purposes, or any or either of them, to erect
and build houses and other convenient buildings
thereon, on payment of surface money only, the
amount of such damages in case of disagreement to
be settled by arbitration, as hereinafter mentioned:
To hold the premises hereinbefore expressed to be
hereby demised (excepting as hereinbefore excepted)
unto the lessee , executors, administrators,
and permitted assigns, for the term of twenty-one
years, commencing and to be computed from the first
day of , one thousand eight hundred and
yielding and paying therefor unto the
lessor, his successors and assigns, the yearly rent of
per acre per annum, payable half-yearly, in
, advance, on the first day of , and the first day
of , in each and every year during the said
term, free from all deductions: And the lessee do
hereby for heirs, executors, administrators,
and permitted assigns, covenant with the lessor and his
successors in office, and his or their assigns, in manner
following, that is to say, that the lessee ,
executors, administrators, or assigns, shall and will
during the said term pay the said rents hereinbefore
reserved on the days hereinbefore mentioned for pay-
ment thereof; and also shall and will during the
said term bear and pay all taxes, rates, charges,
assessments, or impositions whatsoever, either already
made, or which may hereafter be made, upon the
said demised premises, or upon the landlord or tenant
in respect thereof, and of any buildings and fencing
which may be erected, or any improvements which
may be made upon the said piece or parcel of land at
any time during the said term; and also shall and
will on or before the first day of , one thou-
sand eight hundred and , commence to fence
the said land with a good substantial and sufficient
fence within the meaning of the law or ordinance
relating to fencing in force in the district at the time
of the erection of such fence; and shall and will
before the first day of , one thousand eight
hundred and , completely enclose the whole
of the land hereby demised with a good substantial
and sufficient fence as aforesaid: And, further,
that the lessee , executors, administrators, or
assigns, shall and will at all times during the said
term keep the fences erected, and to be erected, on
the said demised land in proper repair and condition,
and at the expiration of the said term deliver
up the said fences in the like repair and condi-
tion, subject to the condition for valuation thereof
hereinafter contained; and also shall and will out
of his and their own moneys pay, or cause to be
paid, all claims which already have been or hereafter
during the continuance of this demise may be made
by the owner or occupier of any contiguous or adjoin-
ing section or property, in terms of any law or ordi-
nance relating to the fencing of land, which may for
the time being be in force in the district; and also
shall and will on or before the said first day of
, one thousand eight hundred and
commence to cultivate the said land hereby demised,
and shall and will before the said first day of
, one thousand eight hundred and , bring
under cultivation the whole of the said land according
to the usual rules adopted in good husbandry, as far
as may be practicable, and as the nature of the
demised land will admit of such cultivation: And,
further, that the lessee , executors, adminis-
trators, or assigns, will not during the first fifteen
years of the term hereby granted take, or permit or
suffer to be taken, from off the said demised land, or
any part thereof, more than three white crops in
succession; and if, by mistake, or from any cause
whatever, three white crops shall be taken from the
same ground in immediately successive years, then
that the lessee , executors, administrators,
or assigns, shall not, nor will, take a white crop from
off the same ground until it shall have been for at
least two years successively under green crop, pas-
ture, or summer fallow: And, further, that the
lessee , executors, administrators, or assigns,
shall not, nor will, during the last six years of the
said term hereby granted, take, or permit or suffer to
be taken, from off the said demised premises, or any
part thereof, two white crops, without the interven-
tion for at least one season of a green crop, pasture,
or summer fallow: And, further, that if the lessee ,
executors, administrators, or assigns, shall at
any time during the said term in anywise contravene or
shall fail to observe or perform the covenants respect-
ing the cropping and cultivation of the said land
hereinbefore contained, or any or either of them, then
the lessee , executors, administrators, or
assigns, will pay, or cause to be paid, to the lessor, his
successors in office or assigns, the sum of five pounds
as and by way of ascertained and additional rent for
each and every acre of the land hereby demised
which shall be cultivated contrary to the said cove-
nants, or any or either of them: And, further, that
if on or before the first day of , in the last
year of the said term hereby granted, the lessor, his
successors or assigns, or the incoming tenant of the
said land hereby demised, shall supply the lessee ,
executors, administrators, or assigns, with
rye-grass and clover seeds in proper proportions,
sufficient in quantity to sow down one-sixth part of
the area of the said land hereby demised, then and in
such case the lessee , executors, adminis-
trators, or assigns, shall and will, at his or their own
expense, sow the said grass and clover seeds in a
proper manner on at least one-sixth part of the land
hereby demised, and roll and harrow the same in due
course: Provided always that it shall not be neces-
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Form of Lease Schedule for Education Reserves
(continued from previous page)
🗺️ Lands, Settlement & Survey22 June 1880
Lease template, Covenants, Fencing, Cultivation, Schedule, Otago, Southland
NZ Gazette 1880, No 65