276
THE NEW ZEALAND GAZETTE.
[No. 10

by way of deposit, which shall represent the
half-year’s rent as from the 1st January or 1st
July then next ensuing, and shall cover the period
between date of sale and such 1st January or 1st
July.

(4.) The second half-year’s rent shall become payable
on the 1st January or 1st July following, as the
case may be, and thenceforth shall be paid half-
yearly in advance.

(5.) In the case of tender, each tender shall be accom-
panied by the aforesaid deposit in cash or by
marked cheque, otherwise the tender shall be void.

(6.) As soon as may be after the highest bidder or ten-
derer, as the case may be, is ascertained a lease
will be prepared, for which there will be a charge
of 20s., to be paid by the lessee. Such lease shall
be for the term of twenty-one years, commencing
from the 1st day of January or July, as the case
may be, then first next ensuing, and the lessee
shall execute the same in triplicate at the office of
the Commissioner whenever requested so to do.

(7.) In cases where any of the allotments are subject to
the payment of the value of improvements, as pro-
vided by subsection (2) of section 14 of the said
Act, or by the provisions of an expiring lease
under the said Act, the respective amounts thereof
shall be specified in the conditions, and such value
shall be paid at the same time and in the same
manner as the deposit heretofore mentioned.

(8.) Should the highest bidder or tenderer, as the case
may be, neglect or fail to comply with any of the
conditions, his deposit-money shall thereupon be
forfeited to the Commissioner, who shall be at
full liberty either to enforce the letting or to relet
the premises at such time and place and in such
manner as he thinks fit.

4. Every lease shall be in the following form, with such
   modification as the circumstances may require:—
   This deed, made the day of , one thousand
   eight hundred and ninety- , under the provisions
   of “The Native Townships Act, 1895,” between Her Majesty
   Queen Victoria (who, with her heirs and successors, is here-
   inafter referred to and included in the expression “the
   lessor”), of the one part, and , of , in the
   Land District of , in the Colony of New Zealand
   (who, with his executors, administrators, and per-
   mitted assigns, is hereinafter referred to and included in
   the expression “the lessee ”), of the other part, witnesseth
   that, in consideration of the rent hereinafter reserved, and
   of the covenants, conditions, and agreements herein con-
   tained and implied, and on the part of the lessee to be paid,
   observed, and performed, the lessor hereby demises and
   leases unto the lessee all that piece of land, containing by
   admeasurement acres roods perches, a
   little more or less, situate in the Native Township of ,
   and being allotment numbered , Block , on the
   plan of that township, as the same is more particularly
   delineated and described in the plan drawn hereon, and
   therein coloured red in outline; together with all ways,
   rights, easements, and appurtenances to the same belonging:
   To hold the demised premises unto the lessee for the term
   of twenty-one years, commencing on the first day of ,
   one thousand ; yielding and paying therefor the
   annual rent of , payable half-yearly in advance on the
   first day of January and the first day of July in each year
   during the said term, free from all deductions whatsoever,
   the first half-yearly payment of such rent having been
   already made, and the next payment to become due and be
   made on the first day of thereafter.

And the lessee hereby covenants with the lessor as fol-
lows, namely :—

1. The lessee shall not nor will at any time during the
   said term assign, underlet, or part with the possession of the
   demised premises, or any part thereof, without the previous
   consent in writing of the Commissioner of Crown Lands for
   the time being of the Land District of , hereinafter
   called “the Commissioner.”

2. The lessee will from time to time during the said term
   pay unto the lessor the said rent on the days and in manner
   aforesaid, and also will from time to time pay and discharge
   all rates, taxes, charges, and assessments whatsoever now or
   hereafter to become payable upon or in respect of the demised
   premises, or any part thereof.

3. The lessee will, during the said term, well and suffi-
   ciently repair, maintain, and keep the demised premises and
   all buildings, fences, and erections from time to time built or
   erected thereon in good and substantial repair and condition
   (reasonable wear-and-tear and damage by fire, storm, earth-
   quake, or tempest only excepted). In the erection of any
   buildings from time to time the lessee will abide by and
   conform to the alignment of streets and roads, and also to all
   the by-laws and regulations from time to time in force, or
   made or passed by the local authority for the time being
   intrusted under “The Native Townships Act, 1895,” with
   the administration of the local affairs of the said township,
   by whatever name or designation such local authority may
   for the time being be called, but hereinafter referred to as
   “the local authority.”

4. The lessee will from time to time construct, maintain,
   and keep all such privies, ashpits, and other works of a
   similar character as may be ordered or directed by the
   local authority; and, in cutting and laying of drains and
   channels for the conveyance of water or waste material or
   refuse of any kind, and in maintaining and providing for
   the sanitary state and condition of the demised premises,
   will at all times act in accordance with the direction of the
   local authority or the requirements of any laws, by-laws,
   rules, or regulations for the time being in force providing for
   the sanitary state and condition of the said township.

5. The lessee will not at any time during the said term,
   without the previous consent in writing of the local authority,
   carry on or permit to be carried on upon the said land or
   any part thereof the trade or business of a soap-boiler,
   tallow-chandler, tanner, slaughterman, meat-curer or -pre-
   server, or any noisy, noxious, or offensive trade or manu-
   facture of any kind whatever.

6. The lessee will permit the lessor, or any person on
   her behalf duly authorised as hereinafter provided, from
   time to time to enter upon the demised premises at all
   reasonable times to view the state and condition thereof,
   and upon notice of any defect or want of repair being given
   to the lessee , or left for him on the premises, the lessee
   will, within one month thereafter, make good any such
   defect or want of repair.

Provided always that whenever the rent hereby reserved,
or any part thereof, is in arrear for twenty-one days the
same may be levied by distress without any previous demand
of payment or notice of any kind: Provided further that, if
the lessee makes default for thirty days in the full and
punctual payment of any of the said rent, or if he makes
default in the faithful performance or observance of any
other covenant or condition on his part herein contained or
implied, or if the Commissioner is satisfied that the land
comprised in this lease is being held unused and to the
hindrance of the trade and progress of the said township,
then and in any such case, and without any notice or demand
whatsoever, it shall be lawful for the lessor to re-enter upon
the demised premises and thereby determine this lease, and
that without releasing the lessee from any liability in
respect of any rent due or of any preceding breach of cove-
nant.

And it is hereby declared and agreed as follows—that is
to say:—

1. The rent hereby reserved may be paid to the Receiver
   of Land Revenue for the time being of the Land District of
   , on behalf of the lessor, and the receipt of such
   Receiver shall be a good discharge to the lessee.

2. Any power which may be exercisable under these pre-
   sents by or on behalf of the lessor may from time to time
   be exercised by the Commissioner, or by any person whom
   he from time to time appoints for that purpose.

3. Service on the lessee of any notice under this lease may
   be effected either personally or by posting the same in a
   registered letter addressed to him, either at his last known
   place of business or abode in the colony or at the demised
   land.

4. The lessee, faithfully observing and performing all the
   covenants, conditions, and agreements on his part herein
   contained or implied, shall, on the expiration by effluxion of
   time of the term hereby granted, have the right to a renewal
   of the lease, or to valuation for all substantial improvements
   of a permanent character made or owned by him and then
   existing on the demised land: Provided that such right
   shall exist only to the extent and subject to the conditions
   following—that is to say,--

(1.) Not sooner than nine nor later than six months
before the expiration of the said term by effluxion
of time two separate valuations shall be made in
manner prescribed (mutatis mutandis) by sections
79 and 80 of “The Land Act, 1892,” of

(a.) All such improvements as aforesaid; and of
(b.) The annual ground-rent of the land (exclu-
sive of such improvements as aforesaid) for a fresh
term of twenty-one years.

(2.) After the making and publishing of the aforesaid
valuations, which shall be effected by serving a
copy thereof on the lessee and another copy on
the Commissioner, but not later than one month
before the date of such expiration as aforesaid,
the lessee shall, by notice in writing served on the
Commissioner, elect whether he will accept a new
lease of the demised land (including the aforesaid
improvements) for a fresh term of twenty-one
years, computed from the date of such expiration
as aforesaid, at the annual ground-rent ascer-
tained by valuation as aforesaid, and subject in-