452
THE NEW ZEALAND GAZETTE.
[No. 15

of Crown Lands of his intention to purchase on deferred payments the fee-simple of the land comprised in the said lease:

And whereas the price of the said land, computed in accordance with the said Act, is

And whereas the licensee has, in pursuance of the said Act, paid a deposit of , being 5 per cent. of the said price, and has also paid all rent accrued or accruing due up to the date of the delivery of the aforesaid notice of intention to purchase:

And whereas it is provided by section 60 of the said Act that upon such payment as aforesaid the lease in perpetuity shall determine and the lessee thereof shall hold the land under a license to occupy:

Now, this deed witnesseth that His Majesty the King, in consideration of the premises and of the covenants hereinafter expressed on the part of the licensee, and in pursuance of Part IV of the Land Laws Amendment Act, 1913, doth hereby grant to the licensee an exclusive license to occupy all that piece of land containing by admeasurement acres roods perches, be the same a little more or less, situated in the Land District of , and being Section No. , Block , Survey District, as the same is more particularly described in the Schedule hereto, and delineated on the plan drawn hereon, and thereon coloured red in outline: To hold the same unto the licensee, under and subject to the covenants and conditions hereinafter expressed, for the term of twenty years from the day of , 19 [Date of delivery of notice to purchase], or until the said land is sooner granted in fee-simple to the licensee in pursuance of Part IV of the Land Laws Amendment Act, 1913: Subject, however, to any right, title, interest, or incumbrance existing or vested in any person other than the licensee, and affecting the aforesaid lease in perpetuity at the date of the determination thereof: And the licensee doth hereby covenant with His Majesty the King, in manner following:—

1. The licensee will pay to His Majesty the balance of 95 per cent. of the aforesaid price of the said land by nineteen equal annual instalments of , the first of such payments to be made on the day of , 19 [First day of January or first day of July after the expiration of twelve months from the date of the delivery of the notice of intention to purchase]:

Provided always that the licensee shall be at liberty at any earlier time or times to pay to His Majesty the whole or any part or parts of the said price; and all moneys so paid under this proviso shall to the extent thereof be deemed and taken to be paid in satisfaction and performance of the obligations of the licensee under the foregoing covenant.

2. The licensee will pay to His Majesty interest at the rate of 5 per centum per annum on such part of the said price as is for the time being unpaid by half-yearly payments on the first day of January and the first day of July in each year, the first of such payments to be made on the day of , 19 [First day of January or first day of July after the expiration of six months from the date of the delivery of the notice of intention to purchase], and to be in respect of the preceding period from the date of the delivery of the notice of intention to purchase.

3. The licensee will not at any time during the continuance of the license, without the previous consent in writing of the Land Board of the land district in which the said land is situated, cut any timber on the said land, or remove any minerals therefrom, or commit any other species of waste in respect thereof:

Provided always, and it is hereby agreed and declared, that if the licensee make default in the due and full payment of any instalment of the said price, or of any interest due in respect thereof, the aforesaid Land Board may cause to be given to the licensee, or to any person who is for the time being in occupation of the land or of any part thereof, notice under the hand of the Commissioner of Crown Lands that if the moneys so in arrear are not paid within one calendar month after the date of the notice the Land Board will forfeit this license: And it is hereby agreed and declared that if the moneys so in arrear are not paid within one calendar month after the date of the aforesaid notice the Land Board may, in its discretion, without any further or other notice, by resolution, forfeit this license, and thereupon the license and the contract between His Majesty and the licensee for the purchase of the land, and the interest of the licensee in the said land, shall absolutely cease and determine, and all moneys theretofore paid by the licensee under this license or in respect of the said contract shall remain the property of His Majesty; but no such forfeiture shall relieve the licensee from his obligation to pay to His Majesty any moneys in arrear under this license at the date of such forfeiture, or from any liability for any breach theretofore committed of the covenants herein expressed.

In witness whereof the Commissioner of Crown Lands for the Land District of , on behalf of His Majesty the King, has hereunto set his hand, and these presents have also been executed by the licensee.

THE SCHEDULE.
[Description of land.]

Signed by the Commissioner of Crown Lands, on behalf of His Majesty the King, in the presence of

……………
Commissioner of Crown Lands.

Signed by the above-named licensee, in the presence of

……………
Licensee.

J. F. ANDREWS,
Clerk of the Executive Council.

Warrant relating to the Adjustment of the Annual Payments in respect to certain Loans as between the Upper Wangaehu Road Board and the Waimarino County Council.

LIVERPOOL, Governor.

WHEREAS by section seventy-three of the Local Bodies’ Loans Act, 1913, it is, inter alia, provided that where part only of any area over which a special rate is made as security for a loan is merged or included within the district of a local authority other than the local authority that made the rate, then the whole of the liability in respect of the loan shall continue to be a liability of the local authority that raised the loan, but the Governor may, upon the written application of that local authority or of the Minister of Finance, by Warrant under his hand, direct that any local authority in whose district part of such area has been merged or included shall pay annually to the first-mentioned local authority during the currency of the loan, on such date as is specified, such amount as he considers a duly proportionate part of the interest and other charges payable in respect of the loan:

And whereas it is further provided by the said section that in any case where a part of any such area has been heretofore merged or included as aforesaid and no adjustment or apportionment of the liability in respect of any loan has been made, then the Governor may deal with the matter in accordance with the provisions hereinbefore recited, and may also make any adjustments which he considers equitable as regards payments in respect of the loan made by any local authority since the date of the merger or inclusion:

And whereas parts of certain areas over which the Upper Wangaehu Road Board had made special rates as security for the following loans—viz., No. 1 Loan, £2,039 10s. 8d. to construct various roads and bridges; No. 2 Loan, £2,018 16s. 5d. to construct road on left bank of Wangaehu River; No. 4 Loan, £5,600 16s. 9d. to construct dray-road from Mangamahu Stream to Maungakaretu Trig. Station; No. 5 Loan, £4,406 19s. 3d. to construct Upper Wangaehu Valley dray-road from Otuangiangi to Koukoupu Stream; No. 9 Loan, £3,050 10s. 10d. to construct various roads and bridges—have been heretofore merged in the Waimarino County, and no adjustment or apportionment of the liability in respect thereof has been made:

And whereas the Upper Wangaehu Road Board applied to the Governor to deal with the matter of such adjustment or apportionment in accordance with subsection four of the said section seventy-three:

And whereas the Governor appointed a Commission to inquire into the proposed adjustment of the said loans and of the payments made in respect thereof, since the date of merger, between the Upper Wangaehu Road Board and the Waimarino County Council, and the objections of the said County Council thereto:

And whereas the Commissioner recommended that the Waimarino County Council should from time to time pay to the Upper Wangaehu Road Board a duly proportionate part of the interest and other charges in respect of each of the loans in question—as follows, Loan No. 1, 31,472/214,418ths of the total interest and other charges; Loan No. 2, 4,301/36,216ths of the total interest and other charges; Loan No. 4, 850/93,994ths of the total interest and other charges; Loan No. 5, 30,592/62,507ths of the total interest and other charges; Loan No. 9, 5,340/36,207ths of the total interest and other charges—and also that the County Council should pay to the Road Board its share of the interest and other charges already accrued on these loans for such period as may be necessary, but less such amount as the Board may have actually collected as rates for such period from the lands in the areas merged in the Waimarino County: