18
THE NEW ZEALAND GAZETTE.
[No. 2

Section 24. A person who may claim to have heretofore purchased or leased the share or interest of some out of several owners of land (the title whereto was not at the time of such purchase or lease subject to any restriction precluding such purchase or lease) may, within three months after the coming into operation of this Act, notify the fact of such purchase or lease to the Commissioner and also to the Chief Judge of the Court, and it shall thereupon be a duty of a Judge to inquire into the circumstances thereof, and who, if satisfied that there had been a purchase or lease as alleged, and that the transaction was bonâ fide, and that a fair value or rent was given or reserved, may give his certificate to that effect to the person alleging himself to be such purchaser or lessee, who shall transmit the same to the Commissioner.

Section 25. Upon the grant of such certificate the person therein named,—

(a.) If a purchaser, shall be the owner of the share of his vendor in the land the subject of such purchase, and shall be entitled to have partitioned to him in severalty such part of the land as the Court may deem just ;

(b.) Or he may within one month after the date of the certificate give notice to the Commissioner that he is desirous of purchasing the shares or interests which he has not already acquired, and in such case he may, on obtaining a certificate from a Judge that such Judge is satisfied that he had, before the first day of July, one thousand eight hundred and eighty-six, obtained the signature of one or more owner or owners to a writing purporting or agreeing to convey the share or interest of the persons signing, at any time within twelve months from the said first day of July, but not afterwards, purchase all or any of such shares or interests.

If all such outstanding shares or interests are not purchased, he shall be entitled to have partitioned to him such part of the land as the Court may deem just ;

(c.) If a lessee, shall be entitled to have the share of his lessors in the land comprised in his lease ascertained, and partition made thereof to such lessors, and shall be entitled to hold his lease subject to the terms thereof until its expiry ;

(d.) Or he may, within one month after the date of the certificate, give notice to the Commissioner that he is desirous of obtaining a lease of all or some of the owners who have not already granted him a lease, and in such case he may, on obtaining a certificate from a Judge that such Judge is satisfied that he had, before the first day of July, one thousand eight hundred and eighty-six, obtained the signature of one or more owner or owners to a writing purporting to be or agreement to grant a lease of the land or of the share or interest of the person signing, at any time within twelve months from the first day of July, one thousand eight hundred and eighty-six, but not afterwards, obtain a lease of all or any of such shares or interests for the same term as he holds the shares or interests acquired before the coming into operation of this Act.

If a lease of all such outstanding shares or interests is not acquired within the said twelve months, he shall be entitled to have the shares of his then lessors ascertained and partition made thereof, and shall be entitled to hold his lease subject to the terms thereof until its expiry ; and

It shall be a duty of the Court to effect such partitions as aforesaid, the purchaser or lessee in whose interest it is made paying all Court fees and the charges for survey in respect of the land the subject of such purchase or lease.

T. W. LEWIS,
Under-Secretary.

By Authority: GEORGE DISDBURY, Govt. Printer, Wellington.