352
THE NEW ZEALAND GAZETTE.
[No. 12

thousand
, and payable in manner following,
that is to say:—
(a.) By a payment of
before the execution of
these presents, such payment (which has been
duly made) being in respect of rent in advance
for the first half-year, computed as aforesaid ;
and also
(b.) By the payment thereafter of
half-yearly in
advance on the first day of January and first day
of July in each and every year during the said
term, the first of such payments to become due
and to be made on the first day of
, one
thousand
.
And also paying, in respect of the value of the buildings
specified in the Second Schedule hereto, unto the aforesaid
Receiver the respective instalments specified in that
Schedule at the dates therein respectively mentioned in
that behalf.
And the lessee doth hereby covenant with the lessor as
follows, that is to say:—

1. Subject to the provisions of "The Land Act, 1892,"
   as to relaxing or dispensing with the conditions relating to
   residence, the lessee will reside on the demised land within
   one year from the date of this lease, and thereafter such
   residence shall be continuous for the period of ten years.

2. The lessee will put on the demised land substantial
   improvements of a permanent character to the satisfaction
   of the Commissioner of Crown Lands for the land district
   wherein the demised land is situate (hereinafter called "the
   Commissioner"), as under:—
   (a.) Within one year from the date of this lease, a sub-
   stantial dwelling-house to the value of at least
   £40 ;
   (b.) Within two years from the date of this lease, a suffi-
   cient fence, within the meaning of "The Fencing
   Act, 1895," round the land, with gates complete ;
   (c.) Within three years from the date of this lease, at
   least one-fourth of the area of the demised land
   shall be fenced off, and be under proper cultiva-
   tion as a garden or orchard :
   Provided that for the purpose of determining whether the
   lessee has duly performed this covenant (but for no other
   purpose) there shall be included the value of all improve-
   ments of the prescribed nature existing on the demised land
   at the date of this lease, and also all capital sums paid by
   the lessee in respect of the value of the buildings specified
   in the Second Schedule hereto, nevertheless to the extent
   only of the actual value of such of the said improvements
   and buildings as are subsisting at the time when their value
   is so included as aforesaid.

3. The lessee will not at any time during the said term
   have more than one dwelling-house on the demised land ;
   nor will he at any time during the said term, by sale, under-
   lease, mortgage, or other disposition, in any way transfer the
   possession or occupation of less than the whole of the demised
   land, anything in section 83 of "The Land Act, 1892," to
   the contrary notwithstanding.

4. The lessee will once a year throughout the said term,
   and at the proper season of the year, properly cut and
   trim all live fences now on the demised land, or which may
   be planted thereon during the said term, and stub all gorse
   not growing as fences, and also stub all broom, sweetbriar,
   and other noxious plants.

5. The lessee will once a year during the said term pro-
   perly clean and clear from weeds, and will at all times
   during the said term keep open, all creeks, drains, ditches,
   and watercourses upon the demised land ; and the Commis-
   sioner or any Crown Lands Ranger of the district wherein
   the demised land is situate shall have the power at any
   time to enter upon and make through the demised land
   any drain that he deems necessary, without payment of any
   compensation to the lessee.

6. In the event of the lessee at any time failing to faith-
   fully perform any of the foregoing covenants relating to
   the trimming of live fences, and stubbing gorse, broom, and
   sweetbriar, or other noxious weeds, or to the cleaning, clear-
   ing from weeds, and keeping open all creeks, drains, ditches,
   and watercourses, it shall be lawful for the Commissioner to
   have such work done, and to recover the cost of the same
   from the lessee in the same manner as rent.

7. The lessee will pay all rates, taxes, and assessments
   levied on or payable in respect of the demised land during
   the said term.

8. The lessee will at all times during the said term keep
   in good repair and condition, to the satisfaction of the
   Commissioner, all buildings and erections for the time being
   standing on the demised land, and will not destroy, pull
   down, or remove them, or any part thereof, without the
   previous permission of the Commissioner in writing.

9. The lessee will not open up any mine on the demised
   land without the previous permission of the Commissioner
   in writing.

10. The lessee will fully and punctually pay the rent
    hereinbefore reserved at the times and in the manner herein-
    before named in that behalf.

11. With reference to the buildings which have been
    valued separately as aforesaid, and the instalments in re-
    spect of the value thereof, as specified in the Second Sche-
    dule hereto, the following special provisions shall apply, that
    is to say:—
    (1.) The lessee shall fully and punctually pay the said
    instalments at the times and in manner men-
    tioned in that behalf in the Second Schedule
    hereto: Provided that he may at any time pay
    the whole or any less number of the then future
    instalments under a duly proportionate rebate of
    interest.
    (2.) So long as any such instalment remains unpaid the
    lessee shall, at his own cost in all things, insure
    the said buildings, and keep them insured in the
    name of the lessor in an amount equal to the full
    insurable value thereof, in some reputable in-
    surance office, to be first approved by the Com-
    missioner.
    (3.) The lessee shall deposit with the Commissioner the
    policy of such insurance forthwith upon effecting
    the same, and shall also duly pay all premiums
    in respect thereof, and deposit with him each
    premium receipt not later than the forenoon of
    the day on which such premium becomes payable.
    (4.) If the lessee at any time fails or neglects to duly
    effect or keep on foot such insurance, or to duly
    pay any such premium or deposit such policy or
    receipt, it shall be lawful for but not obligatory
    on the Commissioner, at the cost in all things of
    the lessee, to effect such insurance in such sum
    as aforesaid or in any other sum, or to pay such
    premium, as he thinks fit.
    (5.) Every such instalment as it becomes due, and every
    sum paid by the Commissioner in respect of cost
    of insurance, shall be payable by and may be re-
    covered from the lessee in the same manner as
    rent.
    (6.) The amount of such insurance may, with the con-
    sent of the Commissioner, be reduced from time
    to time, provided that it is not reduced below the
    total amount of the instalments for the time being
    remaining unpaid.
    (7.) In the event of the buildings so insured, or any of
    them, being destroyed or damaged by fire, all
    moneys payable to the lessor under the insurance
    shall be recoverable by the Commissioner, who,
    after deducting the expense (if any) incurred in
    recovering the same, shall, in his discretion, apply
    the residue thereof, or a sufficient part thereof,
    either in or towards restoring the buildings, or in
    or towards paying the unpaid instalments (a due
    rebate of interest being made in the case of in-
    stalments not then due), and any surplus shall
    be payable to the lessee.

12. With reference to any advance at any time made to
    the lessee under section 12 of "The Land for Settlements
    Act Amendment Act, 1896," and the regulations relating
    thereto, the following special provisions shall apply:—
    (1.) Such advance, together with interest thereon at the
    rate of 5 per cent. per annum computed from the
    date of the advance, shall be repayable by the
    lessee to the aforesaid Receiver by equal half-
    yearly instalments in advance, extending over
    such period, being not less than five nor more than
    ten years as with the approval of the Minister the
    Land Board thinks fit to prescribe: Provided that
    the lessee may, at any time during such period,
    pay the whole or any less number of the then
    future instalments under a duly proportionate re-
    bate of interest.
    (2.) A certificate under the hand of the Commissioner
    shall at all times and from time to time be con-
    clusive evidence as to the date and amount of
    the advance, the amounts and due dates of the
    instalments, and the sums paid and unpaid in
    respect thereof.
    (3.) As long as any such instalment remains unpaid the
    provisions of subclause (5) and as long as any such
    instalment in respect of a dwellinghouse remains
    unpaid the provisions of subclauses (2) to (7) of
    the last preceding covenant (numbered 11) shall
    apply.
    And it is hereby decreed and declared as follows, that is
    to say,—
    (A.) Subject to the provisions herein contained and im-
    plied, and also to those of the said Acts and
    the said regulations, the provisions of "The
    Land Act, 1892," and the regulations thereunder
    with respect to applications for and the grant of
    leases in perpetuity, the stipulations and con-
    ditions subject to which such leases may be
    granted, the rights and powers of the lessor and
    of every person and authority in Her behalf, the