Dec. 15.] THE NEW ZEALAND GAZETTE. 1671

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 payment thereof, or in case the lessee shall commit a breach of or infringe or fail to perform or observe any or either of the covenants, conditions, or agreements herein contained 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, 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: And the lessee hereby accepts this lease to be held by the lessee as tenant subject to the covenants, conditions, and restrictions above set forth, expressed, or implied:

“ 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 and this lease executed by James Kemmis Warburton, the Public Trustee, in the presence of

[Two members of the Public Trust Office Board.]

“ Signed by the above-named in the presence of

“ THE PUBLIC TRUSTEE. (L.S.)

“ A.B. The Lessee.”

Dated this fourteenth day of December, one thousand eight hundred and ninety-two.

J. K. WARBURTON,
Public Trustee.

{Seal of Public Trust Office.}