Feb. 23.] THE NEW ZEALAND GAZETTE. 243

leased is situated twice in each week for three consecutive weeks, and in such other manner as the Public Trustee thinks fit. The notice shall state that the lands to be leased are leased under the provisions of the said Act, shall specify the reserves, allotments, or parcels of land intended to be leased by numbered lots, the upset rental determined by the Public Trustee in respect of each lot, and the time limited for making tenders, which time shall be not less than thirty days from the day of the first publication of the notice in such local newspaper as aforesaid, and also the place where such tenders are to be delivered, which may be such place as the Public Trustee shall in such notices specify. If the Public Trustee considers that, with respect to any lot, the lease should contain any special covenants, conditions, or provisions other than those in the lease hereafter set out, he shall in such advertisement state shortly such special covenants, conditions, and provisions. Any person who desires to tender for leasing any of the land so notified as aforesaid may within the time so limited as aforesaid deliver at the place so appointed as aforesaid a tender in writing, setting forth the lot he desires to lease, and specifying the rental he is prepared to pay therefor, and which tender shall be in the form or to the effect following, that is to say,—

“In the matter of “The West Coast Settlement Reserves Act, 1892.”

“To the Public Trustee, Wellington.

“I, of , do hereby tender for a lease of Lot No. as notified by an advertisement published on the day of , 18 , in the newspaper, in accordance with the said advertisement and the conditions and provisions of the above Act and of the regulations made thereunder, at a rental of £ per annum, to be computed from the date when I am declared the lessee of such land. I enclose a statutory declaration as required by section fifty of the Schedule to the above-mentioned Act, the sum of £ , being six months’ rent at the rate tendered, and the sum of £3 3s. to pay for the lease and registration thereof, and the sum of shillings for stamp duty.. Should I be declared the lessee, I undertake to sign a lease in triplicate, in accordance with the said advertisement and the conditions and provisions of the above-mentioned Act and regulations, within thirty days after being required so to do by registered letter addressed to me at the address given in this tender, and posted in the General Post Office at Wellington.

“Dated this day of , 18 .

“Christian name and surname in full :

“Occupation :

“Residence :

“Post town : .”

3. Every tender shall be enclosed in a sealed envelope addressed to the Public Trustee, Wellington, and marked on the outside as follows: “West Coast Settlement Reserves. Tender for Lease of Lot No. , as advertised in the Newspaper of the day of , 18 .”

4. If any person desires to tender for more than one lot, a separate tender for each such lot must be made, and separate declarations as required by section fifty of the Schedule to the said Act furnished. And each such tender must be accompanied by the six months’ rent and £3 3s. required by the said section fifty, and stamp duty.

5. When the Public Trustee shall declare any person to be the lessee of any lot, he shall forthwith notify the same to such person, by registered letter, addressed to such person at the address given in the tender, and posted in the General Post Office, at Wellington; and shall in such notice require such person, within thirty days after such notice, to execute the lease in triplicate. If two or more persons jointly tender, the notice shall be posted to each of such persons. Such notice shall be in the form or to the effect following :—

“To , of .

“I hereby give you notice that your tender for a lease of Lot No. , as described in an advertisement published in the newspaper of the day of , 18 , has been accepted, and you have been declared the lessee thereof; and you are required, within thirty days from the posting of this notice, to execute a lease, in triplicate, of the above-mentioned land.

“The lease, in triplicate, has been forwarded to , for your execution, and the stamp duty can be paid to him.”

6. The lease to be granted in pursuance of any tender shall be in the following form or to the effect thereof :—

“Register-book. Vol. , fol. .

“FORM OF LEASE UNDER ‘THE WEST COAST SETTLEMENT RESERVES ACT, 1892,’ OTHER THAN UNDER SECTION 8 OF THAT ACT.

“WHEREAS the Public Trustee (who, unless the context requires a different construction, 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 the , containing (a) , be the same a little more or less (b) : And whereas , of , has, under ‘The West Coast Settlement Reserves Act, 1892’ (other than section eight thereof), become entitled to a lease of the said land at the rent and under the covenants, conditions, and provisions hereinafter contained, expressed, or implied: Now, the lessor hereby leases to the said all the said land, excepting and always reserving out of this demise unto the lessor all mines, metals, minerals, coal, lignite, slate, or freestone in or upon or under the land hereby demised, with power to work, win, use, possess, sell, and dispose of the same or any part thereof respectively, except such as may be required by the lessee for the lessee’s own use but not for sale or disposal; with power also to the lessor to make roads through the demised lands, and for such purposes or any of them to erect or build houses and other convenient buildings thereon on paying compensation for damage done to the surface only, the amount of such compensation in case of disagreement to be ascertained and determined by arbitration as provided by section thirty-nine of the Schedule to ‘The West Coast Settlement Reserves Act, 1892,’ to be held by him the said as tenant for the term of years, computed from the day of , one thousand eight hundred and ninety- , 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 having been made on the day of , one thousand eight hundred and ninety- , subject to the provisions of ‘The West Coast Settlement Reserves Act, 1892,’ and to the following covenants, conditions, and restrictions :—

“That the lessee (which term shall, unless the context requires a different construction, 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’ (except such as relate to leases under section eight of that Act), which are applicable to leases granted under 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 thereof made herein: And it is agreed and declared between and by the parties hereto that for the purposes of this lease the term ‘cultivation,’ where used in ‘The West Coast Settlement Reserves Act, 1892,’ shall include drainage, the felling of bush, or the clearing of land for cropping, or clearing and ploughing for and laying down with artificial grasses; and the terms ‘improvements,’ ‘substantial improvements,’ and ‘substantial improvements of a permanent character,’ where so used, mean and include reclamation from swamps, clearing of bush, gorse, broom, sweetbriar, or

(a.) Here state area, exclusive of roads intersecting the same.
(b.) Here state rights of way, privileges, or easements, if any, intended to be demised. If the land to be dealt with contains all that is included in an existing grant, refer thereto for description and diagram; otherwise set forth the boundaries in chains, links, or feet, and refer to a plan thereof on or annexed to the lease.