July 18.] THE NEW ZEALAND GAZETTE. 1871

license, or subsequently planted thereon, and stub all gorse not growing as fences, and also stub all broom, sweetbriar, and other noxious plants.

(c) The licensee shall not take more than three crops, one of which must be a root crop, from the same land in succession; and either with or immediately after a third crop of any kind shall sow the land down with good permanent cultivated grasses and clovers, and allow the land to remain as pasture for at least three years from the harvesting of the last crop before being again cropped.

(d) The licensee shall, whenever necessary, but not less than once a year during the term of his license, properly clean and clear from weeds, and shall at all times during the said term keep open all creeks, drains, ditches, and watercourses upon the land, and the Commissioner of Crown Lands (hereinafter called “the Commissioner”) or any contractor, servants, or agents appointed by him shall have the power at any time to enter upon and make through the land any drain that he deems necessary, without payment of any compensation to the licensee.

(e) In the event of the licensee at any time failing to comply with any of the conditions hereinbefore mentioned relating to the trimming of live fences and stubbing gorse, broom, sweetbriar, or other noxious weeds and to the cleaning, clearing from weeds, and keeping open all creeks, drains, ditches, and watercourses, it shall be lawful for the Commissioner to have such work done and to recover the cost of the same from the licensee in the same manner as an instalment payable under his license.

(f) The licensee shall at all times during the term of his license keep in good repair and condition, to the satisfaction of the Commissioner, all buildings and erections for the time being standing on the land, and shall not destroy, pull down, or remove them, or any part thereof, without the previous permission of the Commissioner in writing.

(g) The licensee shall not cut down or remove or sell any of the trees growing on the land demised without the consent of the Commissioner in writing first obtained.

(h) In the event of the forfeiture or surrender of the license the provisions of the Land Act, 1924, respecting valuation of improvements and the payment or other disposal thereof shall, so far as the same are applicable, apply to the improvements made by the licensee.

(i) For the purpose of distinguishing the improvements existing on the land at the date of the license from those subsequently made by the licensee the first mentioned improvements and their value shall be fixed by the Land Board and be specified in the license.

(j) The right is reserved to the Crown or to its delegated authority to take water-races and to lay water-pipes over any lands referred to herein without payment of compensation to the licensee.

(k) In any case where the channel of any creek, or natural or artificial water-race or watercourse runs on more sections than one, then each licensee on whose land any part of such channel runs shall have the right to the reasonable use and enjoyment of a reasonable proportion of the water that would flow in such channel if it were not stopped or diverted by any other licensee; and, for the purpose of securing such right as between respective licensees, it is here declared that no licensee on whose land any portion of such channel or any natural or artificial water-race or watercourse runs shall at any time alter such portion, or stop or divert the water flowing therein, save to such extent as the Commissioner deems reasonable, and the decision of the Commissioner shall be final and conclusive.

2. Every license issued to a purchaser on deferred payments under Part II of the Land Laws Amendment Act, 1928, shall be in the form in the Schedule hereto, but such form may be varied to suit the circumstances of any particular case that may arise.

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SCHEDULE.

OCCUPATION LICENSE ISSUED ON THE PURCHASE OF ANY LAND UNDER PART II OF THE LAND LAWS AMENDMENT ACT, 1928.

THIS Deed made the day , 19 , between His Majesty the King, of the one part, and , of (who, with his executors, administrators, and assigns, is hereinafter referred to as “the licensee”) of the other part:

Whereas the allotment of land described in the Schedule hereto was acquired by the licensee on the day of , 19 , in the pursuance and exercise of the provisions of Part II of the Land Laws Amendment Act, 1928: And whereas the price of the land is : And whereas the licensee has, in pursuance of the said enactment, paid a deposit of £ , being per centum of the said price:

Now, this deed witnesseth that His Majesty the King, in consideration of the premises and of the covenants herein-after expressed on the part of the licensee, and in pursuance of Part II of the Land Laws Amendment Act, 1928, and of the regulations made in respect thereof, 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 ; as the same is 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 thirty-four and one-half years from the day of , 19 , or until the said land is sooner granted in fee-simple to the licensee. 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 the aforesaid price of the said land, together with interest thereon at the rate of five and one-half per centum per annum, from the first day of ,19 , by sixty-nine instalments each of £ , payable on the thirtieth day of June and the thirty-first day of December in each year during the term aforesaid.

The first such instalment of purchase-money and interest, and also the interest on the balance of purchase-money from the day of , 19 , to the day of , 19 , shall be payable on the day of , 19 :

Provided always that the licensee may at any time pay to His Majesty either the whole of the purchase-money or any half-yearly instalment or instalments thereof remaining unpaid. The payment of any half-yearly instalment of the purchase-money so made shall not affect the periodical continuity of half-yearly instalments, but the amount of purchase-money and interest included in the succeeding instalments payable hereunder shall be calculated· as if the half-yearly periods corresponding to the instalments so paid had expired and the term during which instalments of purchase-money and interest would otherwise have been payable shall be reduced accordingly.

2. The licensee will discharge and pay all rates, taxes, or other assessments duly imposed or levied in respect of the said land by any local authority or public body having jurisdiction within the area in which the land is situate.

3. The licensee shall 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 makes default in the due and full payment of any instalment of the said price, or of any interest due in respect thereof, or in the observance or performance of any of the conditions expressed or implied in this license, 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, or if the aforesaid conditions are not observed or performed within such time as may be fixed by the Land Board in that behalf, 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, or if the aforesaid conditions have not been observed or performed within the time so fixed, the Land Board may, in its discretion, without any further or other notice, by resolution forfeit this license, and thereupon this 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 or implied.

And it is hereby agreed and declared that these presents are intended to take effect as a license to occupy pending the completion of purchase by deferred payments under the provisions of Part II of the Land Laws Amendment Act, 1928, and the provisions of the said Part, and of the regulations made in respect thereof and all other provisions applicable to such licenses, shall be as binding on the parties hereto as if such provisions had respectively been set out herein at length, and it is further agreed and declared that this license is subject to the following easements. [Here set out easements of water, &c., to which the land is subject or which are appurtenant to the land.]

For the purpose of distinguishing the improvements existing on the demised land at the date of this license from those