Jan. 17.] THE NEW ZEALAND GAZETTE. 189

(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 convenient 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.) 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 disposition, except the Board shall sanction the proposed transfer, and until such lessee has been twelve months in possession or occupation of the demised land.

(4.) 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 bankruptcy, shall be admitted into possession or occupation of the land comprised in such lease until he has deposited with the Board a statutory declaration in the same form or to the same effect.

(5.) 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.

(6.) 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.

(7.) 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 Board 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 Board 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 Board, 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 Board 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 Board and the lessee shall each execute the lease in triplicate.

21. Every lease, after execution thereof as aforesaid, shall be registered by the Board 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. 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 Board 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 Board shall cause such valuation to be made on recovering possession of the land.

24. The amount of the valuation of the improvements, when paid by the purchaser of a new lease, shall be paid by the Board 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.

25. 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 Board.

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

27. No outgoing tenant shall have any right or claim against the Maori owners or the Board 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 Board.

28. 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, 1905,” for which purpose the said Part III shall be deemed to be incorporated with the said Act. In every such claim the Board shall be the respondent.

29. 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.

(d.) Each party shall pay his or its costs of such reference, and any costs incidental to the appointment of an umpire shall be paid equally by the parties to the arbitration.

(e.) Such arbitrators or umpire shall have all the powers vested in Commissioners by “The Commissioners’ Powers Act, 1867,” as well as all the powers given to them by “The Arbitration Act, 1890.”

30. Before any appraiser enters into the consideration of any matters referred to him under the said Act, he shall, in