Oct. 20.] THE NEW ZEALAND GAZETTE. 2473

(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 assessments 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 incorporate 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 therewith 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 commencement 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 residence, 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 determine.

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, 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, in any way improving the character and fertility of the soil, or the erection 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.

27. In every case of the forfeiture of a lease for breach of conditions, the payment of the amount of the valuation of improvements, or of any part thereof, shall be absolutely at the discretion of the Council.

28. If payment of any such valuation is not made as aforesaid, the Council may sue for and recover the same in any Court of competent jurisdiction from the person who should make such payment.

29. In any case where a lease is granted with a right of renewal for one further term only, not exceeding twenty-one years, the Council shall, on the expiration of such further term, or on the expiration of the original term, or in the case of a lease where the right of renewal is perpetual, on the expiration of any term, if the right of renewal has in any case been surrendered or otherwise determined, weight the land with the value of the improvements of the outgoing tenant on again offering it for lease; or the Council may in its discretion retransfer the land to the Native owners on payment of the value of the improvements and all other charges to which the land may be lawfully subject. The value of such improvements, or the balance thereof, after deducting any amounts which may be due to the Council by the outgoing lessee, shall, when recovered by the Council, be paid over to him.

30. No outgoing tenant shall have any right or claim against the Maori owners or the Council in respect of the value of any improvements made by him on the lands in his occupation, in case any person shall fail to pay such value to the Council:

Provided that in any such case of failure the Council may retransfer the land to the Native owners on payment of such value and all other charges to which the land may be lawfully subject.

31. All claims for compensation in respect of any matters arising under the said Act, or for value of improvements or other matters, shall, unless otherwise specially provided, be settled in the manner provided in Part III. of “The Public Works Act, 1894,” for which purpose the said Part III. shall be deemed to be incorporated with the said Act.

In every such claim the Council shall be the respondent.

32. Where it is provided or agreed that any matter shall be referred to arbitration, then such reference, unless herein otherwise provided, shall be to one or more arbitrators appointed by the parties on each side respectively, and an umpire to be appointed by such arbitrators.

(a.) If either party shall fail to appoint an arbitrator within twenty-one days after being requested in writing to do so by the other party, then the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be final and binding on both parties.

(b.) If the said arbitrators shall fail to agree upon the matter referred to them within twenty-eight days of the same having been so referred, then the matter so referred shall be decided by an umpire to be appointed by the said arbitrators, whose decision shall be final and binding on both parties.

(c.) Every such arbitration shall be carried on in the manner prescribed by “The Arbitration Act, 1890,” and be subject to such last-mentioned Act in the same manner as if the reference to such arbitration had been made by consent of parties under a deed.

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