JUNE 15.] THE NEW ZEALAND GAZETTE. 1127

planted thereon during the said term, and stub all gorse not growing as fences, and also stub all broom, sweetbriar, and other noxious plants.

4. The lessee will once a year during the said term properly 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.

5. In the event of the lessee at any time failing to faithfully perform any of the provisions of the two last-preceding clauses hereof, 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.

6. The Commissioner or any Crown Lands Ranger 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.

7. The lessee will not at any time during the said term, by assignment, under-lease, mortgage, or other disposition, in any way transfer the possession or occupation of less than the whole of the demised land.

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

9. The lessee will not, either directly or indirectly, carry on any offensive trade, as defined in “The Land Transfer Act, 1885,” upon the demised land.

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

11. The lessee will fully and punctually pay the rent hereinbefore reserved at the times and in the manner hereinbefore named in that behalf.

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 the buildings which have been valued separately as aforesaid, and the instalments in respect of the value thereof, as specified in the Second Schedule 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 the manner mentioned 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 insurance office, to be first approved by the Commissioner.

(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 recovered from the lessee in the same manner as rent.

(6.) The amount of such insurance may, with the consent 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 expenses (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 instalments not then due), and any surplus shall be payable to the lessee.

15. 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 of the lessee.