1454
THE NEW ZEALAND GAZETTE.
[No. 86

re-possess, and enjoy, but such re-entry shall not prejudice the right of the lessor to recover any rent then due or payable, or any right of distress, action, or suit that may have arisen under these presents or by law prior to such re-entry:

“Provided always that no covenants shall be implied herein as against the lessor, save that the lessor has not done or executed or been privy to any act or deed by means whereof the land hereby demised may have been charged or encumbered in any way whatever.

“Dated this day of , 18 .

“The seal of the Public Trustee was affixed hereto by the Public Trustee, in the presence of

}

“THE PUBLIC TRUSTEE. (L.S.)

“Signed by the above-named in the presence of

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“A.B. The Lessee.”

13. The Public Trustee may at discretion vary the form of such lease, and may modify or alter the covenants, conditions, and provisions thereof, and insert other covenants, conditions, and provisions, as he may think advisable to suit the circumstances of the case. If there are more than one lessee in a lease the covenants must be both joint and several, and the above form must be altered accordingly.

14. If, upon an application for a new lease being made, the Public Trustee considers that the form of the lease provided by these regulations should, to meet the circumstances of such application, be varied, or that the covenants, conditions, or provisions therein contained require to be modified or altered, whether by the insertion of other covenants, conditions, or provisions, or by the omission or modification of any covenants, conditions or provisions, then the Public Trustee may make such variation, modification, or alteration at his discretion; but he shall in such case, before giving the notice required by subsection (3) of section eight of the said Act, give notice to the applicant by registered letter addressed at the address stated in the application, or, if no address be stated, then at the known or last-known place of abode or residence of the applicant, of the intended variation, modification, or alteration, requiring the applicant, within a time limited in the notice, to consent by writing delivered at the Public Trust Office, Wellington, to such variation, modification, or alteration; if such consent is not so given within the time limited (or such further time as the Public Trustee may grant), the Public Trustee will refuse to give effect to the application. If the applicant gives such consent, then any lease to be granted to him shall be varied, and the covenants, conditions, and provisions shall be modified or altered accordingly.

15. These regulations shall be read together with the regulations made by the Governor under the said Act on the twenty-seventh day of October, one thousand eight hundred and ninety-two, and such regulations made by the Governor and these regulations shall be so read and construed as not to conflict the one with the other, but so as to render both consistent.

16. The notice to be given to an applicant under paragraphs nine and eleven of the regulations made by the Governor under the said Act on the twenty-seventh day of October, one thousand eight hundred and ninety-two, when the Public Trustee determines not to give effect to an application, or when he determines to give effect to an application, shall be in one of the following forms as applicable:—

“NOTICE is hereby given you that I consider that your application for a new lease, dated the day of , 189 , and lodged in my office the day of , 189 , of all that [Here describe land sufficiently to enable applicant to identify the land] ought to be given effect to; and I appoint , at , on the day of , 189 , at o’clock in the noon, as the place and time when a meeting is to take place between you and the Native owners. I have fixed the value of the land to be comprised in the new lease under your application as for an estate in fee-simple, exclusive of all improvements thereon, at £ ; and the value of all improvements thereon at £ .

“Dated the day of , 189 .

“To , of .”

“NOTICE is hereby given you that I consider that your application for a new lease of the land comprised in your application, dated the day of , 189 , and lodged in my office on the day of , 189 , being all that [Here describe land sufficiently to enable the applicant to identify the land referred to] ought not to be given effect to.

“Dated the day of , 189 .

“To , of .”

“THE PUBLIC TRUSTEE.

Dated this thirty-first day of October, one thousand eight hundred and ninety-two.

J. K. WARBURTON,
Public Trustee.

{Seal of Public
Trust Office.}

By Authority: GEORGE DIDS BURY, Government Printer, Wellington.