1720
THE NEW ZEALAND GAZETTE.
[No. 58

38. Every lease granted by a Board in pursuance of Part XIV of the Act shall be in the form set out in the Fourth Schedule hereto, with such modifications, additions, or omissions as may in the opinion of the Board be required or expedient in the particular case. Every such lease shall be executed in triplicate by the Board and the lessee in manner required for the registration thereof under the Land Transfer Act, 1908.

RECORD OF IMPROVEMENTS UNDER SECTION 264 OF THE ACT.

39. Every application to a Board by a lessee under section 264 of the Act to have recorded the particulars of the nature of improvements and the condition of the land before the making of such improvements shall be made in the Form No. 10 in the Second Schedule hereto.

40. Every such application shall be accompanied by a deposit of five pounds as payment or part payment of the expenses incurred by the Board in ascertaining the particulars to be recorded.

41. If the expenses so incurred do not amount to the sum so deposited by the lessee, he shall be entitled to a refund of the difference; and if the expenses so incurred exceed the amount deposited, the excess shall constitute a debt due by the lessee to the Board.

42. The record of the said improvements shall be in the Form No. 11 in the Second Schedule hereto.

43. Every such record shall be made in duplicate under the seal of the Board. One copy thereof shall be permanently preserved among the records of the Board, and the other copy shall be delivered to the lessee.

44. The decision of the Board as to the particulars so to be recorded shall be final and conclusive so far as regards the right of the lessee to have any such record made.

ASSEMBLED OWNERS.

45. An application to summon a meeting of owners under section 341 of the Act shall be in the Form No. 12 in the Second Schedule.

46. Every application shall be in writing, and shall state the nature of the resolution it is proposed the assembled owners should pass, and, in the case of any such resolution as is referred to in paragraph (f) of section 346 of the Act, shall contain a statement of all the material terms and conditions of the proposed alienation.

47. Immediately upon receiving such application the Board shall give such consideration thereto as it thinks necessary; and if in its opinion the meeting is one that should be called, and the alienation or other proposal can be lawfully carried into effect, the Board shall fix a time and place for the holding of a meeting of the owners to consider the same. The Board shall give the applicant, if he so desires, an opportunity of being heard in support of his application.

48. A meeting of owners shall be summoned by the President by a notice in the Form No. 13 in the Second Schedule. The notice shall be published in the Gazette and Kahiti at least fourteen days before the time appointed for the holding of the meeting, and such other notices of the meeting may be given as the President or the Board thinks expedient.

49. An owner may appoint a proxy by writing under his hand in the Form No. 14 in the Second Schedule, attested by some person authorised by the Act to attest the will of a Native. Such proxy shall not be available except by leave of the representative of the Board at the meeting, and shall be handed in to the Board or its representative previous to the commencement of the meeting.

50. If at the time and place appointed for the meeting, or within one hour thereafter, a quorum is not present, or for any reason the meeting cannot be held at that time, it shall stand adjourned to such time and place as the representative of the Board, if present, appoints, and, if he is not present, then it shall stand adjourned from day to day at the same time and place until the fourteenth day thereafter, when the meeting, if not held, shall lapse.

51. Any meeting may be adjourned by resolution to such time and place as the resolution appoints.

52. The owners or their representatives present at any meeting shall appoint a chairman, who shall preside at such meeting and conduct the business thereof. The representative of the Board or any person present at the meeting may be appointed chairman. If at any adjournment such chairman is not present, another chairman may be appointed. The representative of the Board shall be allowed to speak and advise the meeting as to what in his opinion is the proper course to take under any particular circumstances.

53. The chairman shall call for a show of hands for and against any resolution proposed at the meeting. If no one votes against the resolution, the resolution shall be deemed to be carried unanimously. Where some of the owners or their representatives vote against the resolution, the chairman shall ascertain whether the voting is in favour of or against the resolution, according to the respective shares and interests in the land of those voting, and shall declare accordingly whether the resolution is carried or not.