Nov. 3.] THE NEW ZEALAND GAZETTE. 2683

each such tender must be accompanied by six months’ rent
and £3 3s., and stamp duty and registration fee, and the
value of the improvements (if any).

3. 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.

4. 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 been
   notified of acceptance of tender, and has complied with all
   other conditions lawfully prescribed in that behalf.

5. If the rent offered by two or more persons is the same
   amount, and is higher than that offered by any other ten-
   derers, 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.

6. 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.

7. When the Council shall declare any person to be the
   lessee of any section or small grazing-run 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 Regulations under "The Maori Lands Administra-
   tion Act, 1900," or to the effect thereof.

8. 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 of 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.

9. 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.

10. The Council may at any time reduce the upset value
    of land which it has failed to lease for three months, and
    may again call for tenders for the same at such reduced
    value.

11. The lease to be granted in pursuance of any tender
    may be in the Form M in the Regulations under "The
    Maori Lands Administration Act, 1900," or in such other
    form as the circumstances may require.

12. No tender shall be accepted or lease granted except the
    same be in accordance with the provisions of "The Maori
    Lands Administration Act, 1900" (herein referred to as
    "the said Act"), and its amendments, and the regulations
    made thereunder.

13. No lease shall comprise more than 2,000 acres, in-
    clusive of not more than 640 acres of first-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 2,000 acres, inclusive of not more than 640 acres of
    first-class land, except in the case of small grazing-runs and
    pastoral 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 by bankruptcy,
    or under an intestacy, or by virtue of a will.

14. The Council shall have power to offer for lease any
    lands as small grazing-runs which are suitable only for
    occupation in larger areas than 2,000 acres, and may classify
    the land into first- or second-class pastoral country. The
    area of a first-class small grazing-run shall not exceed 5,000
    acres, and the area of a second-class small grazing-run shall
    not exceed 20,000 acres; and the whole of these regulations,
    and the forms of tender, declaration, &c., with necessary
    alterations and amendments, shall, mutatis mutandis, apply.

15. 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.

16. The term fixed by the lease shall be twenty-one years,
    with right of renewal for a further term of twenty-one years,
    to take effect in possession and not in reversion; but such
    lease may be renewable as provided hereafter.

17. 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, when not otherwise provided, shall
    be subject to the stipulations following:—

(1.) The demise shall reserve unto the lessor all mines,
metals, minerals, coal, lignite, slate, or freestone
in or upon or under the land, with power to
work, win, use, possess, sell, and dispose of the
same, or any part thereof respectively, except
such as may be required by the lessee for the
lessee’s own use but not for sale or disposal; with
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 5 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.