Legal Forms and Declarations




672

Statutory Declaration to accompany Application for Advance
under Section 2 (a), (b), or (d) of the Discharged Soldiers
Settlement Amendment Act, 1917.

I, [Name in full], of [Address and occupation], do solemnly
and sincerely declare—

  1. That I am a discharged soldier within the meaning of
    the Discharged Soldiers Settlement Act, 1915.
  2. That my answers to the questions set out in the attached
    application are true and correct in every particular.
    And I make this solemn declaration conscientiously believing
    the same to be true, and by virtue of the Justices of the Peace
    Act, 1908.

Declared at
this day of , 19 ,
before me—

Justice of the Peace for New Zealand
[or Solicitor, or Notary Public].

Form No. 9.

OPTION TO PURCHASE.

To [Name and address].

I, [Name and address of vendor], in consideration of the sum
of* paid to me by you (the receipt whereof I hereby
acknowledge), hereby give you the option to purchase my
property, being Section , Block , Survey
District of , containing , together with all
buildings (inclusive of ranges, stoves, tanks, and all other
fixtures), yards gates, grains, wells, windmills, water-troughs,
plantations, and all other improvements, rights, easements,
and appurtenances existing thereon or belonging thereto at
the date of this option, at the price of per acre.

This option for purchase shall remain open to you for a
period of weeks from the date hereof.†
Dated this day of , 19 .

  • A nominal consideration—say, 5s.
    † In the case of town or suburban properties or rural land
    readily accessible, it is desirable that the period of option be
    not less than four weeks, and in the case of land situated
    in isolated localities a period of two months, in order that
    sufficient time may be provided for special inspection and
    valuations, &c.

Form No. 10.

Under the Discharged Soldiers Settlement Amendment Act, 1917.

MEMORANDUM OF MORTGAGE.

(hereafter called “the mortgagor ”), being re-
gistered as proprietor of an estate [Here state nature of the
estate or interest], subject, however, to such encumbrances,
liens, and interests as are notified by memoranda underwritten
or endorsed hereon, in piece of land situated in
the [District, county, hundred, or township] containing [Here
state the area exclusive of roads intersecting the same, if any],
be the same a little more or less [Here state rights of ways,
privileges, or easements, if any, intended to be conveyed ; if the
land to be dealt with contains all that is included in an existing
grant or certificate of title or lease, refer thereto for description
and diagrams ; otherwise set forth the boundaries in chains,
links, or feet, and refer to plan thereof on margin of or annexed
to the lease, or deposited in the Registry Office].

Whereas the mortgagor has [have], pursuant to the pro-
visions of section 2 of the Discharged Soldiers Settlement
Amendment Act, 1917, received an advance of £ from
His Majesty the King (hereinafter called “ the mortgagee ”):
Now, therefore, in consideration of such advance the
mortgagor doth hereby covenant with the mortgagee as
follows :—

  1. That the mortgagor will pay to the mortgagee at the
    office of the Commissioner of Crown Lands at the
    moneys hereby secured, together with interest thereon at
    the rate of 5 per centum per annum, from the first day of
    , by instalments of each, pay-
    able on the first day of January and first day of July in
    each year during the period of years from the first
    day of , and one instalment of £ payable on
    the first day of January or July next following the date
    upon which the last of the aforesaid instalments becomes
    due and payable. The first such instalment of principal and
    interest shall be payable on the first day of , 19 .
    On the first day of , 19 , the mortgagor will pay
    to the mortgagee the sum of £ in payment of interest
    on the amount of the advance for the period from
    to

All moneys paid by the mortgagor in respect of instalments
shall be applied by the mortgagee in payment of interest
and principal in the proportions applicable to the appropriate
payment calculated in accordance with

[Signature]

[Signature.]

  1. The mortgagor may at any time, without previous
    notice of intention so to do, pay to the mortgagee the amount
    (in no case less than ten pounds) of principal included, ac-
    cording to the table in the , in any number of consecu-
    tive half-yearly instalments next succeeding the instalment
    corresponding to the half-yearly period then current.
    The payment of any such amount shall not affect the
    periodical continuity of half-yearly instalments, but the
    amount of principal and interest included in the succeeding
    instalments shall be calculated according to the said table as
    if the half-yearly periods corresponding to the instalments of
    principal so paid had expired, and the period of years
    during which instalments of principal and interest would have
    been payable shall be reduced accordingly.

  2. That the mortgagor will forthwith insure, and so long
    as any money remains owing on this security will keep in-
    sured, all buildings and erections for the time being situate
    on the said land against loss or damage by fire, in the name
    of the mortgagee, to their full insurable value, in the State
    Fire Insurance Office, or other reputable insurance office to
    be from time to time approved by the mortgagee, and will
    duly and punctually pay all premiums and sums of money
    necessary for the purpose of keeping every such insurance on
    foot; and will, not later than the forenoon of the day on
    which any premium falls due, deliver the receipt therefor to
    the mortgagee, who shall also be entitled to the exclusive
    custody of all policies of insurance.

  3. That the mortgagor will from time to time, so long
    as any money remains owing on this security, well and
    substantially repair, and keep in good and substantial repair
    and condition, all buildings or other improvements erected
    and made upon the said land; and that the mortgagee
    may at all times be at liberty, by himself, his agents or ser-
    vants, to enter upon the laid land to view and inspect the
    said buildings and improvements.

  4. That if the mortgagor fails or neglects to insure or
    keep insured the said buildings and erections as aforesaid,
    or to deliver any premium receipt as aforesaid, or to repair
    the said buildings and improvements, or to keep them in good
    and substantial repair and condition as aforesaid, then and
    in any such case, and as often as the same shall happen, it
    shall be lawful for but not obligatory on the mortgagee, at
    the cost and expense in all things of the mortgagor , to
    insure the said buildings or any of them in such sum as
    aforesaid or in any less sum, or to pay such premium, or to
    repair the said buildings and improvements and keep them
    in good and substantial repair and condition.

  5. That in the event of the said buildings and erections
    or any of them being destroyed or damaged by fire, all moneys
    received by the mortgagee under any insurance in respect of
    such destruction or damage shall be applied at his sole option
    either in or towards rebuilding or repairing the buildings
    and erections so destroyed or damaged, or in or towards
    payment of the principal, interest, and other moneys for
    the time being covered by this security, notwithstanding
    that the same or any of them may not have accrued due
    under the terms of these presents.

  6. That all moneys expended by the mortgagee in and
    about effecting or keeping on foot any insurance as aforesaid,
    or in repairing or keeping in repair any of the said buildings
    and improvements as aforesaid, or in attempting to exercise
    or enforce any power, right, or remedy herein contained or
    implied in favour of 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 centum per annum computed from the date or dates
    of such moneys being expended.

  7. That the power of sale and incidental powers in that
    behalf conferred upon mortgagees by the Land Transfer
    Act, 1915, shall be implied herein, with this modification:
    that they may be exercised without any notice or demand
    whatsoever if and whenever the mortgagor makes default
    for fourteen days in the full and punctual payment of any
    moneys hereby secured, or the interest thereon, in accordance
    with the respective covenants for payment thereof herein
    contained; or if and whenever the mortgagor makes de-
    fault in the faithful observance and performance of any
    other covenant or condition on his [their] part herein con-
    tained or implied.

  8. 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.

  9. 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 re-
    pugnant to these presents.

  10. That in the case of lands held under lease or license
    the mortgagor will at all times punctually pay the rent



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VUW Te Waharoa PDF NZ Gazette 1926, No 15


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✨ LLM interpretation of page content

🗺️ Application for an Advance under Discharged Soldiers Settlement Amendment Act (continued from previous page)

🗺️ Lands, Settlement & Survey
Advance, Settlement, Discharged Soldiers, Land Board

🗺️ Statutory Declaration for Discharged Soldiers Settlement Advance

🗺️ Lands, Settlement & Survey
Statutory Declaration, Discharged Soldiers, Settlement, Advance

🗺️ Option to Purchase Form

🗺️ Lands, Settlement & Survey
Option to Purchase, Property, Land, Sale

🗺️ Memorandum of Mortgage under Discharged Soldiers Settlement Amendment Act

🗺️ Lands, Settlement & Survey
Mortgage, Discharged Soldiers, Settlement, Land