✨ Regulations for West Coast Settlement Reserves
Oct. 31.] THE NEW ZEALAND GAZETTE. 1453
ment Reserves Act, 1892,’ at , on the day of , 189 , or any
adjournment of such meeting.
“ Dated this day of , one thousand eight hundred and .
“ A.B.,
“ Witness to signature : “ Native owner.
“ A Justice of the Peace [or Licensed Native Interpreter, or Solicitor
of the Supreme Court of New Zealand, or Postmaster].”
-
Any person proposing to vote at any meeting on the authority of a proxy
shall, before voting or taking any part in a meeting, deliver such proxy to the person
presiding at the meeting at which such person intends to vote, who shall retain the
same. -
No applicant, or person representing an applicant, shall be competent to
hold or vote upon a proxy on behalf of a Native owner. -
Unless otherwise required by the Public Trustee, every lease to be granted
under section eight of the said Act shall be in the following form, and shall contain
or have implied therein the covenants and provisions therein referred to.
“ Register-book, Vol. , folio .
“ FORM OF LEASE UNDER SECTION 8 OF ‘THE WEST COAST SETTLEMENT RESERVES
ACT, 1892.’
“ WHEREAS the Public Trustee (who, unless the context requires a different con-
struction, is with his successors and assigns hereinafter referred to as ‘ the
lessor’) is the statutory owner in fee-simple of all that piece of land situated in
, containing (a) , be the same a little more or less (b) :
And whereas , of , has, under section eight of ‘The West Coast
Settlement Reserves Act, 1892,’ become entitled to a lease of the said land at the
rent, and under the covenants, conditions, and provisions hereinafter contained,
expressed, or implied, to be held by him, the said as tenant for the term
of years, computed from the day of , 18 , at the yearly
rental of £ , payable half-yearly in advance on the days of
and in each year during the said term; the first of such payments to be
made on the day of. , 18 , subject to the following covenants, con-
ditions, and restrictions :—
“ That the lessee (which term shall, unless the context requires a different con-
struction, mean and include the heirs, executors, administrators, and assigns of the
lessee) covenants with the lessor—
“ (1.) That the lessee shall and will during the said term pay the rent aforesaid
in manner aforesaid, free and clear from all deductions or abatements whatsoever,
and shall and will pay all rates, taxes, charges, or assessments now made or hereafter
during the said term, assessed, charged, or imposed upon the demised premises, or
upon the landlord or tenant in respect thereof, or upon any buildings or improvements
thereon, and that in case any of the said rent shall at any time be and continue in
arrear and unpaid for fourteen days next after any of the days hereinbefore appointed
for payment thereof the lessee will pay to the lessor interest upon such arrears at the
rate of £8 per centum per annum, calculated from the time hereinbefore appointed
for the actual payment of such rent to the time of actual payment thereof, and such
interest shall for all purposes, whether of distress or otherwise, be deemed to be rent
payable under this demise, and be payable and recoverable by distress or otherwise in
the same manner as the rent hereinafter reserved under this demise may or can be.
“ (2.) The lessee ‘ will insure in the name of the lessor.’
“ (3.) The lessee ‘ will fence.’
“ (4.) The lessee ‘ will paint outside every fourth year.’
“ (5.) That the lessee ‘ will cultivate, and will preserve and keep the demised
premises in a clean and husbandlike manner, free from all noxious weeds growing or
to grow on the said demised premises, and will not plant on the demised premises, or
permit to spread thereon, gorse or furze, and will keep properly cut and trimmed all
live hedges and fences on the demised premises.’
“ (6.) That the lessee ‘ will not, without leave, assign or sublet.’
“ And it is declared that all the expressions hereinbefore contained, as modified
herein, shall have the meaning given them by ‘The Land Transfer Act, 1885 :’ And
it is declared and agreed that all the provisions of ‘The West Coast Settlement
Reserves Act, 1892,’ which are applicable to leases granted under section eight of
that Act shall be incorporated herein; and that all powers, covenants, and
provisions of ‘The Land Transfer, Act, 1885,’ which apply to or are implied or
incorporated in leases of land under that Act shall apply to and be implied or
incorporated in this lease, save as to any express modifications made herein :
Provided always that, if the rent hereby reserved shall be in arrear and unpaid
for the space of twenty-one days next after any of the days herein appointed
for payment thereof, although no formal demand shall have been made for pay-
ment thereof, or in case the lessee shall commit a breach of or infringe or fail to per-
form or observe any or either of the covenants, conditions, or agreements herein con-
tained or implied, and on behalf 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,
(a.) Here state
area, exclusive of
roads intersecting
the same.
(b.) Here state
rights of way,
privileges, or ease-
ments, if any, in-
tended to be de-
mised. If the land
to be dealt with
contains all that
is included in an
existing grant re-
fer thereto for
description and
diagram; other-
wise set forth
the boundaries in
chains, links, or
feet, and refer to
a plan thereof on
or annexed to the
lease.
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Regulations for West Coast Settlement Reserves
(continued from previous page)
🗺️ Lands, Settlement & Survey31 October 1892
West Coast, Settlement Reserves, Leases, Public Trustee, Native Owners, Meetings, Rent, Withdrawal
NZ Gazette 1892, No 86