FEB. 15.]
THE NEW ZEALAND GAZETTE.
erect or build houses and other convenient buildings
thereon on payment of surface-money only, the
amount of such damages in cases of disagreement
to be settled by arbitration as hereinafter mentioned:
To hold the said premises unto the lessee for the
term of
years, commencing and to be com-
puted from the
day of
, 18 , at
the yearly rental of
, payable by equal half-
yearly payments on the
day of the months of
and
in each and every year during
the said term, subject to the following covenants,
conditions, and restrictions:-

1. That the lessee shall and will, during the said
   term, pay unto the Public Trustee or his successors
   (hereinafter referred to as "the lessor"), the said
   yearly rental on the days and in manner hereinbefore
   mentioned.

2. That the lessee shall and will, during the said
   term, bear and pay all taxes, charges, rates, or assess-
   ments now or hereafter during the said term to be
   assessed, charged, or imposed upon the hereby
   demised premises, or upon the landlord or tenant in
   respect thereof, or of any buildings or improvements
   thereon.

3. That the lessee shall not assign, sublet, mort-
   gage, or part with the possession of the hereby
   demised premises, or any part thereof, without the
   consent in writing of the lessor previously obtained
   for that purpose.

4. That the lessee "will insure" and "paint outside
   every alternate year."

5. That he "will fence" and "cultivate."

And it is hereby expressly agreed and declared
between and by the said parties hereto that within
three months before the determination of this demise
by effluxion of time all buildings and fixtures, includ-
ing fencing, on the land hereby demised, which shall
be deemed to be substantial improvements under the
regulations made under the said Act, shall be valued
by arbitration in the manner hereinafter mentioned;
and a fresh lease of the said land for the same period
and on the same conditions as this lease shall be
offered for sale by public tender, subject to the pay-
ment by the incoming tenant to the lessee of the
valuation so to be ascertained as aforesaid; and in
the event of there being no accepted tenderer at the
said auction the lessee shall have the option of
accepting a new lease of the said land for the same
period and on the same conditions as this lease, at a
rental to be fixed by arbitration as hereinafter pro-
vided, but in the fixing of which the arbitrators or
umpire shall not be entitled to take into considera-
tion the value of the improvements for which the
lessee would otherwise have been entitled to payment
as aforesaid; and if the lessee shall decline to accept
such new lease or to execute a counterpart thereof,
on the same being tendered to him for the purpose,
he shall forfeit all right and title to the value of such
improvements as aforesaid.

And it is hereby further declared and agreed
that throughout this lease, where any matter is
agreed to be referred to arbitration, then such matter
shall be determined by the written award of two
arbitrators, one to be appointed by the lessor and
the other by the lessee, and, in case the said arbitra-
tors shall fail to agree upon an award within twenty-
eight days after their appointment, then by the written
award of an umpire to be appointed in writing by such
arbitrators 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 twenty-one days after the receipt of
such notice to name an arbitrator, or shall name
an arbitrator who shall refuse to act, then the
arbitrator appointed by the party giving such
205
notice may proceed in the reference alone, and
his award on the matter referred to arbitration
shall be final and conclusive on both parties; and
the said arbitrator or arbitrators and their umpire
shall have full power and authority to decide all
questions which may arise in the course of the
said reference, and in particular any questions as to
what matters or things are proper subjects of valua-
tion; and the cost of every such reference and award
shall be, in the discretion of the arbitrators or
umpire, and the submission hereby made on the
award thereon 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 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 to and
recover from the lessee interest at the rate of fifteen
pounds per centum per annum on all overdue rent
from the date it became due until the date of actual
payment:

Provided always that if the rent hereby reserved
shall be in arrear and unpaid for the space of three
calendar months next after any of the days herein
appointed for payment thereof, although no formal
demand shall be made for such payment, or in case
the lessee 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 to be performed or observed, then and
in any such case it shall be lawful for the lessor 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 shall
not be entitled to receive, nor shall the lessor be
compellable to pay, any valuation or sum for any
improvements whatsoever, anything herein contained
to the contrary notwithstanding; and such re-entry
shall in no wise prejudice the right of the lessor to
recover any rent then due or payable, or right of dis-
tress, action, or suit that may have arisen under
these presents prior to such re-entry.

Dated this
day of
, 18
Lessor.
Lessee.

The Schedule referred to in the foregoing lease.

FORSTER GORING,
Clerk of the Executive Council.

Notice of intention to Exchange Land at Blenheim.

WM. F. DRUMMOND JERVOIS,
Governor.

WHEREAS by "The Public Reserves Act, 1881," it is,
amongst other things, enacted that the Governor may
declare his intention to make, change, exchange, or alter the
dedication of any public reserve now or hereafter vested in Her
Majesty or the Governor for any of the purposes named in
Class II. of the Schedule to the said Act, whether the same be
granted or not; and, in the case of any reserves made under the
authority of section one hundred and forty-four of "The Land
Act, 1877," if it shall, in the opinion of the Governor, be expe-
dient to change the purpose of such reserves or any part thereof
from the purpose or presumed purpose for which it was set
apart to any other purpose, or if it shall, in the opinion of the
Governor, be expedient to exchange any of the land comprised
in such reserve for other land of equal value, to be dedicated to
one or more purposes named in the said Class II., the Governor
may, by notice in the Gazette, declare his intention to make
such change, exchange, or dedication, as the case may be, and
in such notice declare the manner and terms in which the same
is intended to be so made:

Now, therefore, I, William Francis Drummond Jervois, the
Governor of the Colony of New Zealand, do hereby, in exercise
and pursuance of the powers and authorities vested in me by
"The Public Reserves Act, 1881," aforesaid, declare my inten-