1042

THE NEW ZEALAND GAZETTE.

[No. 24

“Commissioner” means the Commissioner of Crown
Lands for the land district in which is situated the
land required to be valued by the arbitrators, or
officer acting for him:
“Lessee” means the lessee of the land the subject of
arbitration:
“The said Act” means the Land Laws Amendment Act,
1907.
2. When the lessee desires that the land leased by him, or
the improvements thereon, or the amount of rental, shall be
valued by arbitration under the said Act, he shall give
written notice thereof to the Commissioner, upon receipt of
which the Commissioner shall, by writing, require the lessee
to appoint an arbitrator.
3. Within two months from the date of such notice the
Commissioner and lessee shall mutually notify each other
of the appointment of an arbitrator in the form given in
Schedule A hereto.
4. Each such notification of an appointment shall be
accompanied by a declaration duly made and signed by the
arbitrator named in such notification, in the form given in
Schedule B hereto.
5. A fee of £10 10s. must accompany the notification
given by the lessee to the Commissioner, such fee to form
part of the payment of expenses of the arbitrator appointed
by the Commissioner and the third arbitrator appointed as
provided in section 12 of the said Act.
6. If the lessee fails to appoint an arbitrator within two
months after being required so to do by notice in writing
from the Commissioner, the lessee shall lose his right of
having the matter valued by arbitration, and shall be bound
by the valuation already made.
7. Within one month from the date of appointment of
both arbitrators they shall meet and mutually appoint a
third arbitrator, and notify the Commissioner of such
appointment in the form given in Schedule C.
8. In the event of both arbitrators failing to agree as to
such appointment, the third arbitrator shall be appointed by
a Judge of the Supreme Court on the application of the
Commissioner or of the lessee.
9. The third arbitrator shall also make the declaration in
the form given in Schedule B hereto.
10. Each arbitrator shall be entitled to be paid a fee of
two guineas for his services for each full day and night he is
absent from his residence whilst engaged upon an arbitration
under the said Act: Provided that if he shall be less than
one full day and night so absent, he shall be entitled to be
paid a fee of two guineas for such fraction of a day.
11. If any arbitrator, whilst in the performance of his
duties as such, is not necessarily absent from his residence
at night-time, he shall be entitled to be paid such lesser
amount than two guineas per diem as may be agreed upon
between him and the person or persons appointing him.
12. Each arbitrator shall also be paid all reasonable ex-
penses of locomotion whilst engaged upon the arbitration, or
duties appertaining thereto.
13. All fees, costs, and expenses incidental to the arbitra-
tion shall be borne and paid by the lessee.
14. If required by the Commissioner, the lessee shall give
security for the payment of any fees, costs, or expenses
before the arbitration is commenced or made.
15. The arbitrators shall have power to grant to any wit-
ness attending the inquiry such reasonable expenses as they
may determine.
16. Whenever the arbitrators meet together to mutually
confer, they may at such meeting examine any witness on
oath, and call upon him to give evidence concerning the
subject-matter of the arbitration.
17. Each arbitrator shall have power at all times during
the day to enter upon the land the subject-matter of arbitra-
tion for the purpose of inspecting the same (with the wit-
isses, if necessary), and the owner, occupier, or manager
thereof shall answer any question put to him by any arbitra-
tor or witness, and generally afford all information necessary
to enable a correct valuation to be made.
18. Every person who in any way obstructs or hinders any
arbitrator or witness as aforesaid in the exercise of his
duties, or who refuses to answer any relevant question or to
afford any information in his power required for the purposes
of the arbitration, shall be liable to a penalty not exceeding
£10.
19. Whilst making a valuation of the fee-simple and im-
provements the arbitrators shall do so in manner similar to
that prescribed by section 7 of the said Act.
20. Before the lessee is entitled to acquire the fee-simple
of the land the subject of arbitration, or to exchange his
lease thereof for any renewed or other lease, or to receive the
amount of valuation of improvements thereon, or in any
manner to deal with or affect the title to the said land, he
shall pay all costs, fees, and expenses specified in these regu-
lations, and until doing so such fees, costs, or expenses
shall be a charge upon the said land and entitled to be
deducted from any moneys accruing therefrom and payable
to the said lessee or his legal representatives.
SCHEDULE A.
NEW ZEALAND.
Notice of Appointment of Arbitrator.
Land District of
To
Take notice that, in accordance with the provisions of the
Land Laws Amendment Act, 1907, and the regulations
made thereunder, I, , Commissioner of Crown Lands
for the Land District of [or lessee of the undermen-
tioned land], do hereby appoint , of , to act
as my arbitrator to determine the value of the fee-simple of,
and the improvements on, Section , Block ,
Survey District, containing acres
roods perches, and that the said has con-
sented to act, and has made and signed the necessary de-
claration prescribed by regulations issued under the said
Act, which said declaration is deposited in my office [or
is annexed hereto].
Given under my hand, at , this day of
, 19 .
A. B.
Commissioner of Crown Lands
[or Lessee].
Witness to the signature of the above:
SCHEDULE B.
NEW ZEALAND.
Declaration to be made by Arbitrator.
Land District of
I, , of , do hereby solemnly and sincerely
declare,—

1. That I consent to act as arbitrator, under the Land
   Laws Amendment Act, 1907, to determine the value of
   the fee-simple of, and improvements on, Section ,
   Block , Survey District, containing
   acres roods perches.
2. That I am not concerned or interested in any way in
   the said land.
3. That I will faithfully, honestly, and impartially, and to
   the best of my skill and ability, make the valuation required
   of me under the provisions of the Land Laws Amendment
   Act, 1907.
   And I make this solemn declaration conscientiously be-
   lieving the same to be true, and by virtue of an Act of the
   General Assembly of New Zealand intituled “The Justices
   of the Peace Act, 1882.”
   This declaration was made and signed in my presence,
   at , on this day of , 19 , before
   me— , a Justice of the Peace for the Dominion of
   New Zealand.
   SCHEDULE C.
   NEW ZEALAND.
   Notice of Appointment of Third Arbitrator under Section 12
   of the Land Laws Amendment Act, 1907.
   To the Commissioner of Crown Lands,
   We, , of , arbitrator for the Commissioner of
   Crown Lands, and , of , arbitrator for the
   lessee of Section , Block , Survey
   District, respectively hereby give notice that we have
   mutually selected and appointed , of , to
   act as the third arbitrator to assist in determining the
   value of the fee-simple of, and the improvements on,
   Section , Block , Survey District,
   containing acres roods perches, and
   that the said has consented to act, and has made
   and signed the necessary declaration prescribed by regula-
   tions issued under the said Act, which said declaration is
   annexed hereto.
   Given under our hands, at , this day
   of , 19 .
   , Arbitrator for Commissioner.
   , Arbitrator for Lessee.
   Witness to signatures:
   ALEX. WILLIS,
   Clerk of the Executive Council.