3028
THE NEW ZEALAND GAZETTE.
No. 101

power also to the lessor to make roads through
the demised lands, and for such purposes or any
of them to erect or build houses and other con-
venient buildings thereon, on paying compensation
for damage done to the surface only, the amount
of such compensation in case of disagreement to
be ascertained and determined by arbitration.

(2.) The lessee shall and will during the term of the
lease pay the rent reserved thereby free and clear
from all deductions or abatements whatsoever,
and shall and will pay all rates, taxes, charges, or
assessments now made or hereafter during the
said term assessed, charged, or imposed upon
the demised premises, or tenant in respect
thereof, or upon any buildings or improvements
thereon; and in case any of the said rents shall
at any time be and continue in arrear and
unpaid for fourteen days next after any of the
days appointed for payment thereof, the lessee
will (if demanded) pay to the lessor interest upon
such arrears at the rate of £8 per centum per
annum, calculated from the time appointed for
the actual payment of such rent to the time of
actual payment thereof; and such interest shall
for all purposes, whether of distress or otherwise,
be deemed to be rent payable under the demise,
and be payable and recoverable by distress or
otherwise in the same manner as the rent reserved
under the demise may or can be.

(3.) The lessee “will insure in the name of the lessor.”
(4.) The lessee “will fence.”
(5.) The lessee “will paint outside every fourth year.”
(6.) The lessee “will cultivate,” and will preserve and
keep the demised premises in a clean and hus-
bandlike manner, free from all noxious weeds
growing or to grow on the said demised premises,
and will not plant on the demised premises,
or permit to spread thereon, gorse or furze, and
will keep properly cut and trimmed all live hedges
and fences on the demised premises.

(7.) No lessee shall transfer the possession or occupation
of the land leased to or occupied by him, or any
part thereof, by sale, underlease, 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.

(8.) 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 mortgagee, 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.

(9.) 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: Provided that
the transferor shall be liable for the instalment
of rent which shall become due next after such
transfer.

(10.) 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.

(11.) 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 without prejudice to the
right of the lessor to recover any rent then due or
payable, or any right of distress, action, or suit
that may have arisen prior to such re-entry.

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.

18. 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.

19. 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.

20. The Council and the lessee shall each execute the lease
    in triplicate.

21. 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.

22. All dealings with or under leases in contravention of
    the provisions of the said Act as to transfers of leases shall
    be absolutely void, and the District Land Registrar shall
    refuse to register any dealing with or under a lease until he
    is satisfied that the said provisions have been complied with.

23. Every lessee shall, within twelve months of the com-
    mencement of his term, and thereafter for a period of six
    consecutive years, reside on some portion of the lands leased
    by him.

This condition shall not apply to any person who has
acquired an interest in any lease under an intestacy or by
virtue of a will.

The Council may dispense with the necessity of such resi-
dence, in the case of bush or swamp lands, during the first
four years of the term, and altogether as to all lands if the
lessee resides on lands contiguous to the lands leased, or with
the concurrence of the Minister for any other sufficient
reason. Lands shall be deemed to be contiguous to each
other if only separated by a road or stream, or by such
interval of space* as the Council may in each case deter-
mine.

In cases of youths who may become lessees, and who are
living within the Maori land district and are residing with
their parents or near relatives, the Council may dispense
with residence until four years after the commencement of
the term.

When any two lessees shall lawfully intermarry, the
Council may dispense with residence by either of such
lessees on the lands comprised in one of the leases.

24. Every lessee shall bring into cultivation—
    (a.) Within one year from the date of his lease, not less
    than one-twentieth of the land leased by him;
    (b.) Within two years from the date of his lease, not less
    than one-tenth of the land leased by him;
    (c.) Within four years from the date of his lease, not
    less than one-fifth of the land leased by him;
    and shall, within six years from the date of his lease, in
    addition to the cultivation of one-fifth of the land, have put
    substantial improvements of a permanent character on first-
    class land to the value of £1 for every acre of such land, and
    on second-class land to an amount equal to the net price of
    every acre of such land: Provided that in no case shall the
    additional improvements required on second-class land be
    more than 10s. per acre.

The terms “improvements,” “substantial improvements,”
and “substantial improvements of a permanent character,”
mean and include reclamation from swamps, clearing of
bush, gorse, broom, sweetbriar, or scrub, cultivation, plant-
ing with trees or live hedges, the laying-out and cultivating
of gardens, fencing, draining, making roads, sinking wells or
water-tanks, constructing water-races, sheep-dips, making
embankments or protective works of any kind, in any way
improving the character and fertility of the soil, or the
erecting of any building.

25. Whenever a lease is to be sold or otherwise disposed of,
    the valuation of the improvements shall, in all cases where
    it is not otherwise provided by the said Act, be made as by
    section eighty-three hereinafter provided; and payment of
    such valuation shall be made to the Council on or before the
    day of the commencement of the term of the new lease by
    the purchaser of such lease.

Whenever a lease is forfeited for breach of conditions, the
Council shall cause such valuation to be made on recovering
possession of the land.

26. The amount of the valuation of the improvements,
    when paid by the purchaser of a new lease, shall be paid by
    the Council to the original lessee, less any arrears of rent or
    other moneys due in respect of such land by the outgoing
    tenant; and, in case of forfeiture, less also the amount of
    expenses incurred in recovering possession of the land and
    the lease or other disposal thereof.

• The Council will be prepared to allow the term “interval of
  space” to apply to residence anywhere outside the Ohotu Block.