4 THE NEW ZEALAND GAZETTE. [No. 1

which tender shall be in the Form J in the Schedule hereto
or to the effect thereof.
52. Every tender shall be enclosed in a sealed envelope ad-
dressed to the President, and marked on the outside as
follows: “Tender for lease of Lot No. , as advertised in
the newspaper of the day of , 19 ,”
and shall be accompanied by a statutory declaration in the
form or to the effect set forth in Form K in the Schedule
hereto.
53. 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 the last preceding rule. And
each such tender must be accompanied by six months’
rent and £3 3s., and stamp duty and registration fee.
54. All tenders shall be opened simultaneously by the
Council on a day appointed for the purpose.
Every tender shall be deemed to be informal and in-
capable of being accepted where the rental tendered is less
than the upset rental fixed as aforesaid.
55. The highest tenderer, if his tender shall equal or
exceed the upset rental, shall be declared the lessee, and
be entitled to possession of the lands so soon as he has
duly executed a lease thereof, and has complied with all
other conditions lawfully prescribed in that behalf.
56. If the rent offered by two or more persons is the
same amount, and is higher than that offered by any other
tenderers, then the Council shall, after opening all the
tenders, decide by lot, in such manner as it shall think
fit, which of such two or more persons shall be declared the
lessee.
57. The deposits and fees paid by the unsuccessful ten-
derers for any lease shall be returned to them by the Council
immediately after any tender for such lease has been ac-
cepted.
58. When the Council shall declare any person to be the
lessee of any block it shall forthwith notify the same to such
person by registered letter, addressed to such person at the
address given in the tender, 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 L in the Schedule hereto, or to the
effect thereof.
59. If any person who has been declared a lessee shall fail
to execute his lease within thirty days after being required
by notice so to do, then his deposit and the above-mentioned
sum of £3 3s. shall be absolutely forfeited to the Council,
and the right of such person to obtain such lease shall abso-
lutely cease and determine.
Where any lessee shall forfeit his right to a lease as afore-
said, and as often as such a case shall occur from time to
time until the land be leased, or until there be a failure of
tenderers whose tenders are formal, the Council may, at any
time within seven days from such forfeiture, declare the next
highest tenderer for the same lease whose tender is not in-
formal to be the lessee, or, if the rent offered by two or more
persons is the same amount, and is higher than the rent
offered by any other tenderer save the one who has so for-
feited his right to a lease as aforesaid, may decide by lot
which of such other persons shall be the lessee. Every per-
son declared a lessee under this section shall, upon his pay-
ing the deposit and fees as aforesaid, be declared to have
become the lessee on the day of the opening of the tenders
as if he had been so declared on such day.
60. If no tender shall be received prior to the time fixed
for opening the tenders for any of the leases advertised for
sale, any person may at any time thereafter apply for any
one of such leases, unless the same shall have been with-
drawn from sale by the Council, and be declared the lessee
thereof at the upset rental fixed, upon complying with the
other conditions prescribed as to tenders. If, in any such
case, two or more applicants shall lodge their tenders on the
same day, the right to the lease shall be decided by lot.
61. The Council may at any time reduce the upset value
of land which it has failed to lease for one year, and may
again call for tenders for the same at such reduced value.
62. The lease to be granted in pursuance of any tender may
be in the Form M in the Schedule hereto, or to the effect
thereof.
63. No tender shall be accepted or lease granted except the
same be in accordance with the provisions of the said Act
and these regulations.
64. No lease shall comprise more than 640 acres of first-
class land or 2,000 acres of second-class land, except in the
case of small grazing-runs and pastoral leases, nor shall
any lessee have any right to acquire the freehold of the
demised land.
No lessee or person, by himself or by or jointly with any
other person on his behalf, shall hold at one time, whether
as occupier, lessee, assignee, sub-lessee, or otherwise, more
than 640 acres of first-class land or 2,000 acres of second-
class land, except in the case of small grazing-runs and pas-
toral leases. Any occupation license, lease, assignment,
sub-lease, or other instrument in contravention of this
section shall be illegal and void from the commencement:
Provided always that this section shall not apply to any
person who acquires an interest in any lease of a reserve by
bankruptcy, or under an intestacy, or by virtue of a will.
65. Any person of the age of seventeen years and upwards
may become a lessee hereunder, and if under full age shall be
as capable of executing a lease, and shall be bound by the
terms thereof, and of the said Act, as if such person was of
full age.
66. The term fixed by the lease shall be twenty-one years, to
take effect in possession and not in reversion; but such lease
may be renewable as provided hereafter.
67. Every lease shall be prepared by the Council, and
shall be in such form, and shall contain such covenants,
conditions, and agreements, not being inconsistent with
the provisions of the said Act or these regulations, as
the Council may prescribe by regulations which it is hereby
authorised and empowered from time to time to make
and from time to time to alter, amend, or revoke, and
which may either be general, or applicable to any particular
case or class of cases, and shall be subject to the stipulations
following:—
(a.) No lessee shall transfer the possession or occupation
of the land leased to or occupied by him, or any
part thereof, by sale, under lease, or other dis-
position, except the Council shall sanction the
proposed transfer, and until such lessee has been
twelve months in possession or occupation of the
demised land.
(b.) When a statutory declaration is required from
any lessee, no transferee, and no purchaser of
any lease under any power of sale vested in
any mortgages, assignee, or trustee in bank-
ruptcy, shall be admitted into possession or
occupation of the land comprised in such lease
until he has deposited with the Council a statu-
tory declaration in the same form or to the same
effect.
(c.) Every lawful transferee of any lease, or purchaser
as aforesaid of any lease, shall have all the
rights and privileges, and be subject to the
same obligations, as the original lessee: Pro-
vided that the transferor shall be liable for the
instalment of rent which shall become due next
after such transfer.
(d.) No transfer of any lease shall be valid unless all
the conditions upon which the lease was granted
have been complied with as to payment of rent
or otherwise up to the date of such transfer.
(e.) If any lessee or licensee shall fail to fulfil any of
the conditions of his lease within sixty days
after the day on which the same ought to be
fulfilled, his lease shall be liable to be forfeited,
and he shall be deemed, upon such forfeiture,
to be in illegal occupation of the land comprised
in the lease, and the Council may proceed for
recovery of possession thereof.
The foregoing conditions as regards leases shall operate
and shall be deemed to bind the Council and the lessee
as fully and effectively as if they were set forth in every
lease.
68. The lessee shall be liable for all rates, taxes, or assess-
ments of every nature or kind whatsoever imposed upon
the occupier of the lands included in his lease during the
term for which he is lessee.
69. The Council, upon being satisfied that any lease has
been lost or accidentally destroyed, may grant a new lease
in lieu thereof, upon such terms and conditions and upon
payment of such fee in each case as it shall think fit.
When any indorsement is required to be made on any lease,
and the same is lost or destroyed as aforesaid, the Council
may grant a new lease in lieu thereof, and make the required
indorsements thereon, or, if it shall so think fit, may incor-
porate the substance of the indorsements with the terms of
the original lease, and insert them together in the new
lease.
70. The Council and the lessee shall each execute the lease
in triplicate.
71. Every lease, after execution thereof as aforesaid, shall
be registered by the Council under “The Land Transfer
Act, 1885,” or any Act hereafter passed in lieu thereof, in
like manner, as nearly as may be, mutatis mutandis, as a
Crown grant is registered; and the lease which is retained in
the office of the District Land Registrar shall form a folium
of the register-book in such office, and on it all dealings there-
with shall be registered; but no fee shall be payable by way
of contribution to the assurance fund on the registration of
any such lease.
All dealings with or transmissions of land comprised in such
lease shall be made in accordance with the provisions of the
last-mentioned Acts, and be in all respects subject thereto.