Dec. 22.] THE NEW ZEALAND GAZETTE. 3031

given to the person contracting, or his solicitor, at any time, and notwithstanding any negotiation or litigation in respect of such objections or requisition, annul the contract for lease, and shall thereupon return to the person contracting to take the lease his deposit, but without interest, costs of investigating the title, or any payment or compensation whatever.

10. The various lots shall be taken to be correctly described as to quality and otherwise; and if any error, misstatement, or omission in the particulars be discovered, the same shall not annul the sale, nor shall any compensation be allowed by the Council in respect thereof.

FORM K.

In the matter of “The Maori Lands Administration Act, 1900,” and its amendments; and in the matter of a proposed lease by the Aotea Maori Land Council to , of all that piece or parcel of land(1) I [or We(2)], , of , do solemnly and sincerely declare—

1. That I am the person who, subject to the provisions of “The Maori Lands Administration Act, 1900,” and its amendments, am desirous of becoming a lessee of the above-described land.

2. That I am acquiring such lease solely for my own use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever.

3. That, including the land so to be leased, but exclusive of any Maori land held by me at the date of the passing of “The Maori Lands Administration Act, 1900” (20th October, 1900), I do not hold or own, directly or indirectly, either by myself or jointly with any other person, any land anywhere in the Colony of New Zealand exceeding in the whole 2,000 acres of freehold land, inclusive of not more than 640 acres of first-class land.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act of the General Assembly of New Zealand intituled “The Justices of the Peace Act, 1882.”

Declared at , this day of , 1904, by the above-named , before me, , a Justice of the Peace for the Colony of New Zealand.

(1) Here shortly describe land.

(2) If more than one lessee, set out names and residences and occupations of both, and insert the word “severally” before “solemnly,” and alter the form throughout accordingly.

NOTE.—If there be more persons than one contracting to lease, the declaration must be made by each of the persons, and the above declaration must be altered accordingly by inserting the word “we” in place of “I,” setting forth the residence and occupation of each declarant, and inserting the word “severally” before the word “solemnly,” and each declarant must sign the declaration before a Justice of the Peace, a separate jurat being used for each person.

FORM OF LEASE.

THE Aotea District Maori Land Council, incorporated under “The Maori Lands Administration Act, 1900” (which, with its successors and assigns, unless the context requires a different construction, are hereinafter referred to as “the lessors”), being the registered proprietors in fee-simple of all that piece of land situated in the , containing , be the same a little more or less, and being , as the same is delineated on the plan drawn hereon, bordered red, do hereby lease to , of (hereinafter called “the lessee”), all the said lands, to be held by the said lessee as tenant for the term of years computed from the day of , one thousand nine hundred and , at the yearly rental of , payable quarterly, in advance, on the days of . in each year during the said term, the first of such payments having been made on or before the execution of these presents, and yielding and paying to the lessors in the event of the said term being determined by re-entry or otherwise as hereinafter mentioned a proportionate part of the said rent for the current fraction of a quarter down to the date of such re-entry or determination, subject to the following covenants, conditions, and restrictions:—

That the lessee (which term shall, unless the context requires a different construction, mean and include the executors, administrators, and assigns of the lessee) covenants with the lessors as follows:—

1. That the lessee shall and will during the said term pay the rent aforesaid in manner aforesaid, 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 upon the landlord or tenant in respect thereof, or upon any buildings or improvements thereon, and that in case any of the said rent shall at any time be and continue in arrear and unpaid for fourteen days next after any of the days hereinbefore appointed for payment thereof, the lessee will pay to the lessors interest upon such arrears at the rate of eight pounds per centum per annum, calculated from the time hereinbefore 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 in arrear payable under this demise, and be payable and recoverable by distress or otherwise in the same manner as the rent reserved under this demise may or can be.

2. That the lessee “will insure.”

3. That the lessee “will cultivate” and will preserve and keep the demised premises in a clean and husbandlike 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 and around the demised premises.

4. That the lessee “will not without leave assign or sublet.”

5. That the lessee will within twelve months of the commencement of the term hereby granted “completely fence” the boundaries of the land hereby leased, and enclose with a sufficient fence within the meaning of “The Fencing Act, 1895,” the whole of the land hereby leased, and at all times during the said term keep in good and substantial repair and condition the boundary-fences now erected or hereafter to be erected upon or around the said land hereby leased, and all subdivisional fences which are now or at any time hereafter during the term hereby granted may be erected on the said land hereby leased, and will not at any time call upon or compel the lessors to contribute to the cost of erecting, repairing, or maintaining any boundary fence or fences which may now or hereafter be erected as dividing-fences between the land hereby leased and any land adjacent thereto in which the lessor may have any estate or interest: Provided always that this provision shall not enure for the benefit of any occupier other than the lessors of the land so adjacent as aforesaid to the land hereby leased so as to deprive the lessee of any rights he might have (but for this covenant) against such occupier: Provided further that nothing herein contained shall be deemed to lessen, limit, or restrict the lessee’s liability under the covenant to keep in repair implied herein by law.

6. And it is hereby declared that all the covenants hereinbefore contained as modified herein shall have the meaning given them by “The Land Transfer Act, 1885,” and that all powers, covenants, and provisions of “The Land Transfer Act, 1885,” which apply to or are implied or incorporated in leases of land under that Act shall apply to and be implied or incorporated in this lease, save as to any express modifications thereof made herein.

7. And it is agreed and declared between and by the parties hereto that for the purposes of this lease the term “substantial improvements of a permanent character” includes the erection of buildings, reclamation from swamps, clearing of bush, gorse, broom, sweetbriar, or scrub, cultivation, planting 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, or in any way improving the character or fertility of the soil, and this lease shall be read and construed accordingly.

8. Provided always that if the rent hereby reserved shall be in arrear and unpaid for the space of twenty-one days next after any of the days herein appointed for payment thereof, although no formal demand shall have been made for payment thereof, or in case the lessee shall commit a breach of or infringe or fail to perform or observe any or either of the covenants, conditions, or agreements herein contained or implied and on behalf of the lessee to be performed or observed, and the same shall continue for the period of twenty-one days, then and in any such case it shall be lawful for the lessors into and upon the demised premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, repossess, and enjoy; but such re-entry shall not prejudice the right of the lessors to recover any rent then due or payable, or any right of distress, action, or suit that may have arisen under these presents or by law prior to such re-entry.

9. That the lessee may, not earlier than twelve months and not later than eight months before the expiration of the term, give notice in writing, either personally to the lessors or by publishing the same in the Kahiti for six consecutive issues thereof, that the lessee elects to have a renewed lease of the land demised for a further term of twenty-one years computed from the expiration of the term granted by the lease, and if the lessee fails to make such election the lessee shall be deemed to have abandoned his right of renewal and shall have no claim for compensation for improvements. The lessors may within two months of the receipt of such notice of election, if given personally, or, if published in the Kahiti, within two months from the first publication, elect either to grant such renewed lease or not to grant the same, by serving on the lessee personally, or by affixing to some conspicuous part of the de-