SEPT. 9.]

THE NEW ZEALAND GAZETTE.

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 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.) The lessee “will insure.”

(3.) The lessee “will fence,” and will not at any time call upon or compel the lessor 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 inure for the benefit of any occupier other than the lessor of 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.

(4.) The lessee “will paint outside every fourth year.”

(5.) That the lessee “will cultivate,” and will keep the said demised premises free from all noxious weeds, and will not permit to spread thereon gorse or furze, and will keep properly cut and trimmed all live hedges and fences.

(6.) That the lessee “will not without leave assign or sublet.”

(7.) That the lessee will not mortgage his interest in the said lease without the consent of the lessor.

And it is declared that the expressions hereinbefore contained shall have the meaning given them by “The Land Transfer Act, 1908.” And it is declared and agreed that all the provisions of the said Act, and the regulations issued thereunder, which are applicable shall be incorporated herein; and that all powers, covenants, and provisions of “The Land Transfer Act, 1908,” 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. And it is agreed and declared between and by the parties hereto that for the purposes of this lease the terms “cultivation” and “improvements,” “substantial improvements,” and “substantial improvements of a permanent character,” where so used, shall have the same meaning respectively as the terms “cultivation” and “substantial improvements of a permanent character” in “The Land Act, 1908”:

Provided always that, if the rent hereby reserved shall be in arrear and unpaid for the space of sixty days next after any of the days herein appointed for payment, 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 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 thirty days, then and in any such case it shall be lawful for the lessor 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 lessor 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. And the lessee hereby accepts this lease, to be held by the lessee as tenant subject to the covenants, conditions, and restrictions above set forth or implied:

Provided always that no covenants shall be implied herein as against the lessor, save that the lessor has not done or executed or been privy to any act or deed by means whereof the land hereby demised may have been charged or encumbered in any way whatever.

Dated this day of , one thousand nine hundred and .

The seal of the District Maori Land Board was affixed hereto, and this lease executed by , President, and , a member of the said Board, in the presence of--

Witness :
Address :
Occupation :

(L.S.)

President.

Member.

Lessee.

Signed by the above-named as lessee in the presence of--

Witness :
Address :
Occupation :

[Form N.

DECLARATION BY AN APPRAISER BEFORE ENTERING INTO CONSIDERATION OF ANY MATTER REFERRED TO HIM.

I, , do declare that I have no interest, either directly or indirectly, in the matter of , and that I will faithfully and honestly, and to the best of my skill and ability, make the appraisalment and valuation required under “The Native Land Settlement Act, 1907.”

And I make this solemn declaration conscientiously believing 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, 1908.”

Signature :

Declared at , this day of , 19 before me,

• A Justice of the Peace in and for the Dominion of New Zealand.

• Substitute “A Solicitor of the Supreme Court” or “A Postmaster so authorised by the Governor” where necessary.

[Form R.

THIS IS TO CERTIFY THAT , of , is entitled to an equitable interest, equivalent to shares out of a total of shares, in the block or parcel of land known as , and containing , which said land is subject to the provisions of “The Native Land Settlement Act, 1907.”

President.

Member.

[Form S.

MEMORANDUM OF LEASE UNDER PART II OF “THE NATIVE LAND SETTLEMENT ACT, 1907.”

WHEREAS THE District Maori Land Board (which, unless the context requires a different construction, is, with its successors and assigns, hereinafter referred to as “the lessor”) is the statutory agent of the Maori owner in fee-simple of all that piece of land situated in the , containing acres roods and perches, be the same a little more or less, and being ;

And whereas the lessor has, under of “The Native Land Settlement Act, 1907” (hereinafter referred to as “the said Act”), agreed to grant to (hereinafter referred to as “the lessee”) a lease of the said land at the rent and under the covenants, conditions, and provisions hereinafter contained, expressed, or implied :

Now, this deed witnesseth that the lessor hereby leases to the above-named lessee , executors, administrators, and assigns, all the said land (excepting and always reserving out of this demise unto the lessor all mines, metals, minerals, oil, coal, lignite, slate, or freestone in or upon or under the land hereby demised, with power to enter upon the demised land or any part thereof to search for and 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 own use, but not for sale or disposal; with power also to the lessor to make roads through the demised lands, and to grant rights-of-way thereover; and for such purposes, or any of them, to erect houses and other convenient buildings thereon); to be held by the lessee as tenant for the term of years, computed from the day of , one thousand nine hundred and ; at the yearly rental of , payable half-yearly in advance on the days of and in each year during the said term, the first of such payments having been made on the day of , one thousand nine hundred and , subject to the following covenants, conditions, and restrictions:—

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 lessor,—

(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 (landlord’s tax excepted), charges, or assessments now made or hereafter during the said term assessed, charged, or imposed upon the demised premises, 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 lessor interest upon such arrears at the rate of £8 per centum per annum, calculated from the time hereinbefore appointed for the actual payment of