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THE NEW ZEALAND GAZETTE.

"The West Coast Settlement Reserves Act, 1881."—
Regulations for the Advertising, Preparing, and
Issuing Agricultural Leases of the West Coast
Settlement Reserves.

—

WM. F. DRUMMOND JERVOIS, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
thirteenth day of February, 1883.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The West Coast Settlement
Reserves Act, 1881," it is enacted that the
Governor in Council may from time to time make,
alter, and revoke regulations, inter alia, for the adver-
tising, preparing, and issuing leases of the West Coast
Settlement Reserves:

Now, therefore, His Excellency the Governor, in
pursuance and exercise of the power and authority
conferred upon him by the hereinbefore in part
recited Act, and by and with the advice and consent
of the Executive Council of the said colony, doth
hereby make the following regulations as those upon
which leases of the said reserves for agricultural
purposes shall be advertised, prepared, and issued,
that is to say,-

INTERPRETATION CLAUSE.

In these regulations and in the Schedules, if not
inconsistent with the context,-

"The Act" means "The West Coast Settlement
Reserves Act, 1881:"

"Substantial improvements" means houses and
buildings, and includes fencing, planting, draining,
and reclamation of land, the benefit of which is
unexhausted at the time of valuation:

"Lessor" means Trustee as defined by the Act:

"Lessee" means any person taking a lease from
the lessor under the Act:

"Reserves Trustee" means the West Coast Settle-
ment Reserves Trustee as defined by the Act:

"Notice" means a notice given by causing the
same to be personally served on any person, or by
leaving the same at his usual or last known place of
abode or business in the colony, or by forwarding
the same by post addressed to his usual or last
known place of abode or business:

"Publicly notified," "public notice," means a
notice published by advertisement at least twice in a
newspaper having general circulation in the district
wherein the land to be leased is situated.

How first Leases disposed of.

1. Every lease (hereinafter referred to as a
   "lease") shall be put up to public competition by
   tender, after public notice thereof, at an upset
   rental equivalent to five pounds per centum on the
   capital value as fixed by the lessor of the land pro-
   posed to be leased.

Provided that such value so fixed shall not be less
than the price for which similar lands may be sold
for cash under the law for the time being regulating
the price of such land in the district.

2. Every tender shall be in the form in the First
   Schedule hereto. Forms of tender can be had on
   application at the District Land Offices, New
   Plymouth, Patea, and Hawera.

3. Every tenderer will be notified that his tender
   has been accepted, in the form in the Second Schedule
   hereto, or to that effect.

4. All tenders for any land shall be opened by
   the lessor or Reserves Trustee at one time as
   advertised.

Any such tender shall be deemed to be informal
and incapable of being accepted unless closed up and
accompanied by a statutory declaration in the form
[No. 16
or to the effect set forth in the Third Schedule
hereto, and also accompanied by an amount equal to
six months' rent at the rate tendered, paid either in
cash or by a marked cheque. Forms of declaration
can be obtained at the offices before mentioned.

5. The highest tenderer for a lease, if his tender
   shall equal or exceed such upset price, shall be
   declared the lessee, and be entitled to possession of
   the lands the lease of which has been so purchased
   by him when and so soon as he has executed a lease
   thereof in accordance with the provisions of the Act
   and these regulations, and has complied with any
   other conditions lawfully prescribed in that behalf at
   the time of sale.

6. If the rent offered by two or more persons is of
   the same amount, and is higher than that offered
   by any other tenderers, then the lessor shall decide
   by lot which of such two or more persons shall be
   declared the lessee.

7. The deposits and fees paid by the unsuccessful
   tenderers shall be returned to them by the lessor or
   Reserves Trustee immediately after the tenders have
   been opened.

8. If any person who has been declared a lessee
   hereunder shall fail to execute his lease within
   twenty-one days from the date of the notice of
   acceptance of his tender in the form in the Second
   Schedule hereto, his deposit shall be absolutely
   forfeited to the lessor, and his right to obtain a lease
   of such lands shall absolutely cease and determine:

Provided the lease is ready for execution at the office
for the district of the Reserves Trustee; otherwise the
lessee shall not be deemed to have committed default
until the expiration of fifteen days after notice shall
have been sent to him that the lease is so ready.

Provided, further, that at any time within seven
days from such forfeiture the lessor may declare the
next highest tenderer for the same lease to be the
lessee, or, if the rent offered by two or more per-
sons is the same amount, and is higher than the rent
offered by any other tenderer save the one who has so
forfeited his right to a lease as aforesaid, the lessor
may decide by lot which of such others shall be the
lessee, upon his again paying the deposit and fees as
aforesaid, if his deposit shall have been previously
returned to him; and thereupon the provisions of the
Act and these regulations shall apply to such person
as if he had been declared the lessee on the day of
the opening of the tenders. But any such tenders,
to be capable of being accepted under this proviso,
must equal or exceed the upset price as aforesaid.

And in case of forfeiture of his right to a lease by
the person so declared a lessee under the above
proviso, the procedure prescribed by the said proviso
shall, mutatis mutandis, be continued from time to
time, until the land be leased in accordance with the
Act and these regulations, or until there be a failure
of all tenderers whose tenders are formal and who
are willing to accept the lease in accordance with the
Act and these regulations.

9. If no tender shall be received for any of the
   leases advertised for competition by tender prior to
   the time fixed for opening the tenders, any person
   may at any time thereafter apply for any one of such
   leases, and be declared the lessee thereof at the upset
   rental fixed, upon complying with the other conditions
   of the Act and these regulations prescribed as to
   tenders.

If two or more applicants shall lodge their tenders
at the same time, the right to the lease shall be
decided by lot.

10. Any one person may tender for two or more
    leases at the same time, but, except in the case pro-
    vided for by clause fourteen hereof, he shall not be
    capable of becoming the lessee under more than one
    lease; and if he shall be found, upon the opening of