JULY 8.] THE NEW ZEALAND GAZETTE. 2319

Maori Lands for Sale by Public Auction.

Office of the Aotea District Maori Land Board,
Wanganui, 18th June, 1915.

NOTICE is hereby given, in terms of the Native Land Act, 1909, and the Native Land Amendment Act, 1913, and the regulations thereunder, that the land described in the First Schedule hereto will be offered for sale by public auction at the Theatre Royal, Taumarunui, on Saturday, the 24th July, 1915, at 2 p.m., on the terms and conditions set out in the Second Schedule hereto.

FIRST SCHEDULE.
TOWNSHIP OF HIKAIR0.

Hikairo Township is situated on the left bank of the Wanganui River, about three miles up from Kakahi, on the Main Trunk line. At this spot the Egmont Box Company is establishing a large timber-milling plant for the purpose of milling the timber from the bush on Taurewa Block of 28,860 acres. This bush is a very valuable and extensive one, and will be a source of employment for a large number of hands for many years. The railway-line connecting the mill-site with the Main Trunk line is now well under construction.

On the opposite bank of the Wanganui River there is also a large area of milling-timber at present untouched, but when access is provided by the railway to Hikairo that bush will no doubt soon give way to axe and saw. The timber will have to come out via the proposed township.

The land in this locality (other than the river-flats, which are pumice) is good, strong soil, with clay subsoil, and when cleared will develop into good dairying land.

The elevation at Hikairo is only about 650 ft. above sea-level.

SECOND SCHEDULE.
CONDITIONS OF SALE.

1. THE lands are offered at the upset prices shown opposite to each section described in the First Schedule hereto. The terms of the contract for sale of the lands being sold are summarized in clause 13 hereof.

2. The highest bidder shall be the purchaser of each lot. In the event of any lots not being disposed of at first offering, the Board may put any of them up again either separately or in groups. Any lot not disposed of at the auction sale shall remain open for selection at the upset price.

3. In the event of any disputed bid, the lot in dispute may be put up again at the last undisputed bid.

4. The bidding shall be advanced by such sum as the auctioneer may agree to accept, and no bidding shall be retracted.

5. The Board reserves the right to withdraw from sale any lot or lots at any time prior to the auction.

6. The purchaser shall be required, before obtaining his contract of sale or lease, to make a declaration as required by Part XII of the Native Land Act, 1909, and its amendments, that he is not the owner or occupier of 5,000 acres of third-class land or its equivalent in other classes of land.

7. The lands are offered under the Native Land Act, 1909, the Native Land Amendment Act, 1913, and the regulations made thereunder, and purchasers shall be deemed to be acquainted with the provisions thereof, and be bound thereby as effectively as if such provisions were embodied herein.

8. Every purchaser immediately after the sale shall sign a contract of sale (in duplicate) on the form set out hereunder, and shall pay to the Board’s representative a fee of £1, being the cost of preparation of contract and stamp duty thereon; provided always that where the total purchase-money is paid immediately after the sale this fee will not be charged.

9. The purchaser shall, immediately after the sale and on signing the contract of sale, pay to the representative of the Board a sum equal to 10 per cent. of the purchase-money as part payment thereof. The balance of the purchase-money shall be paid on or before the 1st day of July, 1916.

10. The purchaser shall pay interest on unpaid purchase-money at the rate of 5 per cent. per annum, interest to be payable on the day on which the account is closed.

11. The purchaser shall, on paying the full purchase-money, be entitled (at his own expense) to a transfer of the land.

12. If from any cause whatever the Board shall be unable to give the purchaser possession of the land purchased, the purchaser shall be entitled to a refund of the deposit paid by him, but without interest, and no damages shall be claimed by him for the Board’s failure to give possession.

13. CONTRACT OF SALE.

(Under Section 102 of the Native Land Amendment Act, 1913.)

MEMORANDUM OF AGREEMENT made the day of , one thousand nine hundred and , between the Aotea District Maori Land Board, incorporated under the provisions of Part III of the Native Land Act, 1909 (hereinafter called “the Board”), of the one part, and , of (hereinafter, together with his executors, administrators, or lawful assigns, called “the purchaser”), of the other part.

Whereas the Native land described in the Schedule hereto is subject to the provisions of section 102 of the Native Land Amendment Act, 1913, by virtue of a resolution of the assembled owners of the said land, inter alia, that 45 acres, part of Taurewa No. 4 West D, situated along the west and south of the Egmont Box Company’s leasehold of 60 acres, be offered for sale by public auction on behalf of the owners thereof by the Aotea District Maori Land Board, and a confirmation of such resolution by the Aotea District Maori Land Board on the 14th day of June, 1915:

Now these presents witness that the Board, in exercise of the powers vested in it by section 102 of the said Act, hereby agrees to sell, and the purchaser agrees to purchase, all that parcel of land described in the Schedule hereto for a legal estate in fee-simple in possession, free from all incumbrances other than those specified in the said Schedule hereto, for the price of , of which amount the sum of has already been paid by the purchaser to the Board (the receipt whereof is hereby acknowledged), and subject to the terms, covenants, and conditions following, that is to say:—

The balance of the said purchase-money (namely, the sum of ) shall be paid by the purchaser to the Board in manner following, that is to say,—

The whole of the said purchase-money shall be fully paid not later than the first day of , one thousand nine hundred and .

The purchaser shall pay interest at the rate of five per centum per annum on all purchase-money for the time being unpaid, and all such interest shall be payable on the day on which the account is closed.

The purchaser shall be entitled to the possession of the said land on the date of these presents, and shall be entitled to retain possession thereof so long as this agreement remains in force.

The purchaser may at any time and from time to time, if and as often as the Board is willing to receive the same, pay to the Board the whole or any part of the purchase-money then owing, although the same may not yet be due and payable.

At any time while this agreement still remains in force the purchaser shall be entitled (at his own cost), if he has paid the whole of the purchase-money with interest as aforesaid up to the date of payment, to a transfer of the fee-simple of the land.

Without the consent of the Board first obtained in writing the purchaser will not at any time before the said land has been so transferred to him commit or suffer to be committed any waste of the land, whether by extracting minerals or in any other manner whatsoever, or do or suffer to be done any other act whereby the value of the land may be diminished.