440
THE NEW ZEALAND GAZETTE.
[No. 17

12. The lessor shall at all times have full and free right to enter upon the demised land and search for and take and remove gravel or stone for making or maintaining roads: Provided that the lessee shall be entitled to compensation for any surface-damage caused thereby, but to no other compensation or remedy whatsoever.

13. The lessee will at all times during the said term keep in good repair and condition, to the satisfaction of the Commissioner, all fences, buildings, and other 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.

14. 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 rebate of interest.

(2.) A certificate under the hand of the Commissioner shall at all times and from time to time be conclusive evidence as to the date and amount of the advance, the amount 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 lessee shall, at his own cost in all things, insure in the name of Her Majesty all buildings and erections from time to time standing on the demised land in a sum equal to their full insurable value, and for the purposes of this provision the covenant for insurance set out in the Fourth Schedule to “The Land Transfer Act, 1885,” shall be implied herein.

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

(a.) Subject to the provisions herein contained and implied, 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 conditions subject to which such leases may be granted, the rights and powers of Her Majesty and of every person and authority in her behalf, the rights, powers, and functions of the Land Board and the Commissioner in relation to the land and premises comprised in such leases, and the estate, interest, rights, duties, and liabilities of the lessees, shall, so far as the same are applicable, apply to this lease as fully as if they were fully set out herein.

(b.) If and so often as the lessee makes default in the due and full payment of any rent hereby reserved, or in respect of any advance as aforesaid, or of any other moneys payable under this lease, or in the faithful observance and performance of any other of the covenants, conditions, or stipulations herein contained or implied, and by him to be observed or performed, then and in any such case the Land Board may, without any previous or other notice or demand, forfeit this lease; and in such case all the lessee’s interest therein shall absolutely cease and determine, subject, nevertheless, to the provisions of the next following clause respecting valuation of improvements; but such forfeiture shall not affect any right or remedy on the part of the lessor to recover from the lessee any money due to the lessor, nor release the lessee from any penalty or liability in respect to anything done or omitted to be done by him.

(c.) In the event of the forfeiture or surrender of this lease, the provisions of “The Land Act, 1892,” respecting valuation of improvements and the payment or other disposal thereof shall, so far as the same are applicable, apply to the improvements made by the lessee.

(d.) For the purpose of distinguishing the improvements existing on the demised land at the date of this lease from those subsequently made by the lessee, the first-mentioned improvements and their value shall be deemed to be those specified in the Second Schedule hereto.

[Insert such additional provisions (if any), not inconsistent herewith, as, with the approval of the Minister, the Land Board thinks fit.]

In witness whereof the Commissioner of Crown Lands for the Land District of Canterbury, on behalf of the lessor, hath hereunto set his hand, and these presents have been also executed by or on behalf the lessee.

The First Schedule hereinbefore referred to.

Description of the demised land:

The Second Schedule hereinbefore referred to.

Improvements now existing on the demised land, and their value:—

Improvements: Value.
£ s. d.
[Specify improvements in detail, with their
respective values] .. .. .. -----
Total value .. .. £___

Signed by the Commissioner, on behalf\
of the lessor, in the presence of— }
Signed by or on behalf of the above-\
named as lessee, in the pre-}
sence of— }

ALEX. WILLIS,
Clerk of the Executive Council.

Sale of Land under “The Public Works Act, 1894.”

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fourth day of March, 1898.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

WHEREAS by the twenty-ninth section of “The Public Works Act, 1894” (hereinafter termed “the said Act”), it is enacted that if it is found that any land held, taken, purchased, or acquired at any time under this or any other Act or Provincial Ordinance, or otherwise howsoever, for any public work, is not required for such public work, the Governor may, by an Order in Council publicly notified and gazetted, cause the same to be sold under the conditions set forth in the said Act: And whereas a plan has been prepared, and the lands described in the Schedule hereto are not now required for the purpose of a public work, that is to say for road purposes, and it is desirable to sell the same:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance of the powers and authority conferred upon him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby direct the sale of the lands described in the Schedule hereto.

SCHEDULE.

ALL that area in the Taranaki Land District, containing by admeasurement 1 acre 1 rood 26 perches, more or less, being a strip of land 110 links wide for a length of 1255 links, and 55 links wide for a length of 60 links, adjoining and to the north-east of Section No. 49, Block V., Paritutu Survey District; as the same is delineated upon the plan hereinafter mentioned, and coloured red.

Also all that area in the Taranaki Land District, containing by admeasurement 3 roods 29 perches, more or less, being a strip of land 60 links wide adjoining and to the north-west of Section No. 63, Block V., Paritutu Survey District; as the same is delineated upon the plan hereinafter mentioned, and coloured green.

Also all that area in the Taranaki Land District, containing by admeasurement 1 rood 4 perches, more or less, being a strip of land 55 links wide adjoining and to the north-east of Section No. 63, Block V., Paritutu Survey District; as the same is delineated upon a plan hereinafter mentioned, and coloured purple.

As the three several areas above described are delineated upon the plan marked S.G. 37155, deposited in the Head Office of the Department of Lands and Survey, at Wellington, in the Wellington Land District, and thereon coloured as above noted.

ALEX. WILLIS,
Clerk of the Executive Council.

Declaring Part of the Makiekie Road, Salisbury and Delaware Blocks, in the Apiti Survey District, to be a County Road.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fourth day of March, 1898.

Present:

THE RIGHT HONOURABLE R. J. SEDDON PRESIDING IN COUNCIL.

IN pursuance and in exercise of the powers vested in him by “The Public Works Act, 1894,” and of all other