✨ Lease Schedule Continuation
JUNE 24.] THE NEW ZEALAND GAZETTE. 937
sary to sow such area of the said land with grass and
clover seeds if the lessee , executors, ad-
ministrators, or assigns, shall, in lieu thereof, leave an
equal extent of the said demised land in good pasture:
Provided also that if a smaller portion than the
sixth part of the said land be left in good pasture,
then it shall be necessary for the lessee ,
executors, administrators, or assigns, to sow such
additional extent only of the said land during the
last year of the said term hereby granted as shall,
together with the land then in pasture, make up the
sixth part of the area thereof; and also that the
lessee , executors, administrators, or assigns,
shall and will, during the last year of the said term
after his or their crop has been removed from the
ground, allow the incoming tenant to enter upon the
said land, to plough and do other necessary work
upon such part of the said land as is not laid down in
grasses: And, further, that the lessee ,
executors, administrators, or assigns, shall and will
leave for the use of the incoming tenant all the
manure which shall be made upon the land hereby
demised, and at least one-half of the straw grown
thereon during the last year of the said term, the in-
coming tenant paying therefor a fair valuation, to be
ascertained as hereinafter mentioned: And, further,
that the lessee , executors, administrators, or
permitted assigns, will not assign, sublet, or otherwise
part with the possession of the whole or any part of the
land hereby demised without the consent in writing
of the lessor, his successors or assigns, previously
obtained for that purpose: And, further, that the
lessee , executors, administrators, or assigns,
shall and will quit, leave, and deliver up possession of
the said demised premises at the end of the term
hereby granted without any notice to quit: And,
further, that the lessor, his successors and assigns,
shall and will permit and suffer the lessee ,
executors, administrators, and assigns, to enter upon
the said demised land at any time during the three
months immediately succeeding the termination of
this demise, and to remain thereon for the purpose of
threshing his or their grain grown upon the said land
during the said term hereby granted: And, further,
that it shall be lawful for the lessee ,
executors, administrators, and assigns, to stack or
store his or their crops and grain upon the said
demised land, or in any barn thereon, during the said
period of three months, and to have free ingress,
egress, and regress over and upon the said land
during that period for all necessary purposes con-
nected with the said crops and grain, or the stacking,
storing, threshing, and removal thereof: And it is
hereby expressly declared and agreed between and
by the said parties hereto that within one month
before the determination of this demise by effluxion
of time all buildings and fixtures, including fencing on
the land hereby demised, shall be valued by arbitra-
tion in manner hereinafter mentioned, and the lessee
executors, administrators, or assigns, shall
be entitled to receive the amount of the valuation to
be so ascertained as aforesaid on the termination of
this present lease, provided that the sum to be paid
under such valuation shall not in any case exceed an
amount in pounds sterling equal to three times the
number of acres demised: Provided always, and it is
hereby further agreed and declared, that in case any
dispute or difference shall arise between the lessor,
his successors or assigns, and the lessee ,
executors, administrators, or assigns, touching the
value of the manure or straw to be left on the demised
premises as aforesaid, and as to the value of the
buildings and fixtures (including fencing) on the
said land at the termination of this demise, or as to
any other matter or thing herein contained, the
amount of such valuation, and all such matters and
things, shall be determined by the written award of
two arbitrators, one to be appointed by each party in
difference; and in case the said arbitrators shall fail
to agree upon an award within twenty-one days after
their appointment, then by the written award of an
umpire to be chosen by them before entering upon
the consideration of the matters referred to them;
and if either party, after receiving written notice
from the other party of the appointment by such
other party of an arbitrator, shall fail within seven
days after receipt of such notice to name an arbi-
trator, or shall name an arbitrator who shall refuse
to act, then the arbitrator appointed by the party
giving such notice to the other may proceed in the
valuation alone, and his award as to the amount of
such valuation, and as to all such matters and
things as shall be so referred, shall be final and
conclusive on both parties, and the said arbitrators
or arbitrator, or their umpire, shall have full
power and authority to decide all questions which
may arise in the course of their said valuation,
and in particular any question as to what matters or
things are proper subjects of valuation; and the costs
of every such reference and award shall be borne and
paid by the said parties in equal shares, and the sub-
mission hereby made may be made a rule of the
Supreme Court of New Zealand, at the instance of
either of the parties hereto: Provided always that
if the rent hereby reserved shall not be punctually
paid on the days hereinbefore appointed for payment
thereof, then, and in such case, it shall and may be
lawful for the lessor to charge interest on the half-
year's rent then due, at the rate of £ per
cent. per annum, from the date on which the same
shall become due until actual payment thereof; and
such interest, if and when demanded by the lessor,
his successors or assigns, shall be paid by the lessee
executors, administrators, or assigns: Pro-
vided always that if the said rent hereby reserved
shall be in arrear and unpaid for the space of six
calendar months next after any or either of the days
or times appointed for payment thereof, although no
formal demand shall be made for payment thereof, or
in case the lessee , executors, administrators,
or assigns, shall infringe or fail to perform or observe
any or either of the covenants, conditions, or agree-
ments herein contained or implied, and by and on the
part of the lessee , executors, administrators,
or assigns, to be performed or observed, or if the
lessee , executors, administrators, or assigns,
shall become bankrupt or insolvent within the mean-
ing of any law for the time being in force in New
Zealand relating to bankrupts or insolvent debtors,
or shall make any bill of sale, or assignment of these
presents, or of the term hereby granted, or any part
thereof, without the sanction in writing of the lessor,
his successors in office or assigns, previously ob-
tained for that purpose, then, and in any such case, it
shall be lawful for the lessor, his successors or assigns,
into and upon the demised premises, or any part
thereof, in the name of the whole to re-enter, and the
same to have again, repossess, and enjoy, and to let,
use, and dispose thereof, as if these presents had not
been made; and in case of such re-entry the lessee
executors, administrators, or assigns, shall
not be entitled to receive, nor shall the lessor, his
successors in office or assigns, be compellable to pay,
any valuation or sum whatsoever for any buildings,
fixtures, fencing, or improvements erected, built, or
made upon the said demised premises, or any part
thereof, anything hereinbefore contained to the con-
trary notwithstanding: And such re-entry shall in
nowise prejudice the right of the lessor, his successors
or assigns, to recover any rent then due or payable,
or any right of distress, action, or suit that may have
arisen under these presents prior to such re-entry.
In witness whereof the lessor hath hereunto set his
hand, and caused the Seal of
Next Page →
✨ LLM interpretation of page content
🗺️
Form of Lease Schedule for Education Reserves
(continued from previous page)
🗺️ Lands, Settlement & Survey22 June 1880
Lease covenants, Pasture maintenance, Arbitration, Rent default, Fixtures valuation, Land tenure
NZ Gazette 1880, No 65