3936
THE NEW ZEALAND GAZETTE.
[No. 160

The Schedule to the said regulations is hereby amended as follows:—

Form No. 1.

By substituting “ His Majesty the King ” for “ the Minister of Lands ” in the recital, and by substituting “ Commissioner of Crown Lands for the Land District of ” for “ Minister of Lands ” wherever those words appear in any other parts of the form.

By adding the following:—

15. All powers and duties conferred by these presents upon the mortgagee or directed or implied by statute shall, on behalf of the mortgagee, be exercisable and may be performed in his own name by the Commissioner of Crown Lands for the time being for the Land District.

Form No. 2.

By deleting Form No. 2, and substituting the following:—

THIS DEED, made the day of , 19 , between (hereinafter called “ the grantor,” which expression where not inconsistent with the context shall include each of the parties aforesaid and his executors, administrators, and assigns), of the one part, and His Majesty the King (hereinafter called “ the grantee ”), of the other part:

Whereas the grantor is the true owner and in possession of the stock and other chattels mentioned and described in the First Schedule hereto: And whereas the grantor has applied for an advance under the provisions of the Discharged Soldiers Settlement Act, 1915, and the Minister of Lands has authorized the granting of such advance, and the grantor has agreed with the grantee to secure in manner hereinafter appearing the payment to the grantee of all moneys so advanced or which are now or may at any time hereafter become due, owing, or payable by the grantor to the grantee (other than rent falling due upon the land leased from the grantee and described in the First Schedule hereto), and the grantor in consideration of all such moneys has also agreed to appoint the grantee the agent of the grantor for the purposes and upon the terms hereinafter appearing:

Now this deed witnesseth that, in pursuance of the said agreement and in consideration of the premises, the grantor doth hereby assign, transfer, and set over unto the grantee all and singular the stock mentioned and described in the First Schedule hereto and branded and marked as follows:

. And also all and singular the sheep, cattle, and horses which shall at any time hereafter during the continuance of this security be in, upon, or about or belonging to the lands mentioned in the First Schedule hereto, or any other lands which may now or hereafter during the continuance of this security belong to or be used or occupied by the grantor, whether worked in conjunction with the lands mentioned in the First Schedule hereto or otherwise. And also any other sheep, cattle, and horses which may now or shall at any time hereafter during the continuance of this security belong to the grantor wherever the same may be depasturing. And all the natural increase of any of the said stock, sheep, cattle, and horses. And all the wool which shall during the continuance of this security grow upon any sheep comprised in or for the time being bound by this security, and that both before and after such wool is shorn. And also the brands and marks shown in the margin being the registered brands and marks of the grantor, and the exclusive right to use the same for branding or marking stock, as well as all instruments for the time being and from time to time used by the grantor for branding or marking stock. And also all and singular the implements of husbandry, farming plant, and other chattels mentioned and described in the First Schedule hereto. And also all chattels of what nature or description soever which shall hereafter be acquired by the grantor whether in addition to or in substitution for the said implements, plant, and chattels or any of them and shall be used in or about the business of , farmer, or grazier, carried on or to be carried on by the grantor upon the lands mentioned in the First Schedule hereto or any other lands as aforesaid. To hold unto the grantee by way of mortgage for securing the payment by the grantor to the grantee of all moneys now advanced or which are now or which may at any time hereafter become due, owing, or payable by the grantor to the grantee under these presents (other than rent falling due upon the land leased from the grantee and described in the First Schedule hereto).

And this deed further witnesseth that it is hereby covenanted, agreed, and declared by and between the parties hereto as follows:—

1. The grantor on the day of , 191 , will pay to the grantee at the office of the Commissioner of Crown Lands at the balance due upon the account current between them the grantor and the grantee, and also all other moneys (if any) which may for the time being be owing by the grantor to the grantee and secured by these presents,

2. All moneys owing by the grantor to the grantee at the date of the execution by the grantor of these presents shall be included in the said account current, and if the grantor shall at any time have more than one current account open with the grantee all the provisions hereof shall apply to all such current accounts.

3. The interest payable by the grantor upon the balance for the time being of the said account current shall be at the rate of five per centum per annum, and shall be payable on all sums properly charged by the grantee to the grantor on such account from the respective dates upon which the same shall have been so charged to the grantor in the books of the grantee. Such interest as aforesaid shall be payable on the first day of January and July in each and every year.

4. All costs, charges, and expenses incurred by the grantee in or about the preparation, execution, registration, renewal of registration, or release of these presents, or of any other security for the payment of the moneys intended to be hereby secured or of any part thereof, or in or about the exercise or enforcement or attempted exercise or enforcement of any power, right, or remedy conferred upon the grantee by law or by these presents, or otherwise reasonably incurred by the grantee owing to default in payment of any moneys intended to be hereby secured, or the breach of any covenant on the part of the grantor herein expressed or implied, or with a view to the protection or preservation of the property comprised in this security, shall be deemed to be part of the principal moneys owing under and secured by these presents, and shall bear interest accordingly computed in each case from the time when the same shall be respectively incurred.

5. The books of the grantee shall be prima facie evidence of the amount for the time being owing on the security of these presents and of all other particulars entered in such books, and shall be admissible as evidence accordingly in all Courts of Justice and before all persons acting judicially.

6. This security shall be deemed to be a running and continuing security irrespective of any sums which may from time to time be paid to the credit of the account current of the grantor with the grantee, and notwithstanding that such account may appear at any time to be in credit, and notwithstanding any settlement of account or any other matter or thing whatsoever, this security shall remain in full force and effect, and shall not be deemed to have been released or discharged or in any way vacated until a memorandum of satisfaction thereof shall have been executed by the grantee.

7. All moneys received by the grantee on behalf of the grantor from sales of stock, wool, produce, or chattels may be appropriated as the grantee may determine towards the reduction of the indebtedness for the time being of the grantor to the grantee, and the entries in the books of the grantee shall be conclusive evidence of such appropriation.

8. The grantor will brand and earmark with the registered brands and earmarks of the grantor aforesaid such of the sheep, cattle, and horses mentioned and described in the First Schedule hereto as are not already so branded and earmarked, and also all sheep, cattle, and horses which during the continuance of this security shall be brought by the grantor upon the lands mentioned in the First Schedule hereto or upon any other lands that now are or at any time hereafter shall be the property of or occupied or used by the grantor, and any other sheep, cattle, and horses which shall at any time hereafter belong to the grantor wherever the same may be depasturing, and also the natural increase of any of the said sheep, cattle, and horses. The words “ will brand ” herein used shall have the meaning assigned to them by statute, with such extension as is hereby given to them.

9. The grantor will not (whether in the ordinary course of business or not) sell or dispose of or mortgage, charge, or otherwise encumber the stock and chattels for the time being comprised in this security or any of them, or remove any of the same from the lands mentioned in the First Schedule hereto, without the consent in writing of the grantee first had and obtained.

10. If any of the sheep, cattle, or horses hereby assigned or for the time being subject to this security shall during the continuance of this security die or be lost the grantor shall and will forthwith replace the sheep, horses, or cattle so dying or lost with other stock of the like nature and of equal value.

11. The grantor will during the continuance of this security render and deliver to the grantee whenever required returns in writing setting forth the numbers, ages, sexes, and other particulars of the stock, and the particulars and descriptions of all other chattels for the time being bound by these presents. And it is hereby declared that the covenant implied hereon on the part of the grantor to give and afford all reasonable assistance to enable the grantee, his agents or servants, to view the state and condition of the said stock shall be deemed to include a covenant to muster the said