788
THE NEW ZEALAND GAZETTE.
[No. 32

contained, or if and whenever the mortgagor makes default
in the faithful observance and performance of any other
covenant or condition on his part herein contained or implied.
10. That if and whenever the mortgagor makes any such
default as in the last preceding covenant mentioned it shall
be lawful for the mortgagee to call up and compel payment
of all principal, interest, and other moneys for the time being
owing under this security, notwithstanding that the time or
times hereinbefore appointed for the payment thereof respectively may not have arrived.
11. That the covenants, powers, and provisions implied
in mortgages by the Land Transfer Act, 1915, are modified
or negatived in so far as they are inconsistent with or repugnant
to these presents.
12. That in the case of lands held under lease or license the
mortgagor will at all times punctually pay the rent or other
payments reserved by, and faithfully perform and observe
all the covenants and conditions contained in, the lease or
license herein mentioned; and that if he fails or neglects so
to do it shall be lawful but not obligatory on the mortgagee
so to do at the cost and expense in all things of the mortgagor;
and all moneys so expended by the mortgagee shall be payable
to him by the mortgagor on demand, and until paid shall be
charged on the said land together with interest at the rate of
5 per cent. per annum computed from the date or dates of
such moneys being expended.
13. That the mortgagor will at all times cultivate and
manage the mortgaged land in a skilful and proper manner
and according to the rules of good husbandry.
14. And it is hereby declared that this memorandum of
mortgage is intended to be collateral with a certain mortgage
of stock and chattels bearing even date herewith and made
between the parties hereto, whereby certain stock and chattels
were assigned by way of mortgage to the said mortgagee.

And for the better securing to the said mortgagee the
repayment in manner aforesaid of the said principal sum
and interest the mortgagor hereby mortgages to the said
mortgagee all the mortgagor’s estate and interest in the said
land, above described.

In witness whereof the mortgagor has hereto signed his
name this day of , one thousand nine
hundred and
Signed by the said as mortgagor in the presence
of—[Name, occupation, and address of witness].

—

No.
MORTGAGE of , situated in .
…………………………, Mortgagor.
Minister of Lands, Mortgagee.

PARTICULARS entered in the Register-book, Vol.
folio , the day of , 191 , at
o’clock.
…………………………
District Land Registrar of the
District of .

RECEIVED from this day of , 191 ,
the sum of , being in full satisfaction and discharge
of the within-written obligation.
The Minister of Lands
…………………………
Mortgagee.

Signed by , the Minister of Lands, in the presence
of .

Correct for the purposes of the Land Transfer Act.
…………………………
Mortgagee.

FORM NO. 2.

WHEREAS I, , of , in the Land District
of , in the Dominion of New Zealand (hereinafter
called “the grantor”), am the owner, lessee, or licensee of
that piece of land being Section , Block
Survey District, in the said Land District: And
whereas the grantor is the owner of the chattels and of the
stock now depasturing in and being in, upon, or about the
said lands now in his occupation, which said chattels and
stock are more particularly described in the Schedule hereto:
And whereas the Honourable the Minister of Lands for the
said Dominion (hereinafter called “the grantee”) has this
day lent and advanced to the grantor the sum of :
Now, therefore, in consideration of the said sum of
so lent and advanced as aforesaid, the grantor doth hereby
assign, transfer, and set over the said chattels and stock to
the grantee by way of mortgage to secure the payment of
the said sum of , together with all further advances,
upon the day of , 19 , with interest
thereon in the meantime, and so long as the same or any part
thereof remains unpaid, at the rate of pounds per
centum per annum by half-yearly payments on the 1st day
of January and July in each and every year.

And it is hereby witnessed and declared as follows:—

1. The grantor “will brand” all stock which during the
   continuance of this security shall be brought by the grantor
   upon the said lands, and any other stock which shall at any
   time hereafter belong to the grantor wherever the same
   may be depasturing, and also the natural increase of any
   of such said stock.
2. All the covenants, provisos, agreements, powers, and
   provisions set forth in the Fifth Schedule to the Chattels
   Transfer Act, 1908, shall be implied herein, with these
   amendments, variations, and modifications, namely:—
   (a.) That in lieu of the words “ten days” regarding
   unsatisfied judgments there shall be substituted the
   words “twenty-four hours.”
   (b.) No delay or omission on the part of the grantee to
   enforce any covenant or exercise any of the powers
   hereby conferred shall be taken to imply a waiver
   thereof, nor shall the grantee be answerable or
   responsible for any loss which may happen in or
   about the exercise by the grantee or his agent of
   the powers hereby conferred or any of them in the
   event or on the occasion or at any time hereinbefore
   contemplated, or at any time or on any occasion
   when he may reasonably be induced to believe that
   he is entitled to exercise the powers aforesaid.
3. This security is intended to be collateral with a certain
   memorandum of mortgage bearing date the day
   of , and made between the parties hereto.

In witness whereof the grantor has executed these presents.

THE SCHEDULE.

Particulars of Chattels.

Particulars of Stock.

(Insert any other particulars necessary for purposes of
identification.)

[Signature.]
Signed by the said in the presence of

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

—

Tua-tua-moana Drainage District, County of Waipa,
constituted.

LIVERPOOL, Governor.
ORDER IN COUNCIL.

At the Government Buildings at Wellington, this seventh
day of March, 1916.

Present:

THE RIGHT HONOURABLE W. F. MASSEY, P.C., PRESIDING
IN COUNCIL.

WHEREAS, in accordance with the provisions of the
third section of the Land Drainage Act, 1908, a
majority of the ratepayers in the area of land described in
the Schedule hereto, situated in the County of Waipa, have
presented a petition to His Excellency the Governor of the
Dominion of New Zealand, praying that the said area be
constituted a drainage district under the provisions of the
said Act:

Now, therefore, His Excellency the Governor of the Dominion of New Zealand, in pursuance and exercise of the
power and authority contained in the third section of the
Land Drainage Act, 1908, and acting by and with the advice
and consent of the Executive Council of the said Dominion,
doth hereby constitute and declare the area of land described
in the Schedule hereto to be a district for the purposes of
Part I of the said Act, and to be called by the name of the
“Tua-tua-moana Drainage District”; and also, in pursuance and exercise of the power and authority contained in
the fourth section of the said Act, doth hereby declare that
the Board of Trustees of the said district shall consist of five
persons to be elected as members of the said Board, and
under and in accordance with the said Act.