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The Pamphlet Collection of Sir Robert Stout: Volume 27

Fourth Schedule. — "The West Coast Settlement Reserves Act 1881." — Memorandum of Lease

Fourth Schedule.

"The West Coast Settlement Reserves Act 1881."

Memorandum of Lease.

Whereas a grant under "The West Coast Settlement Reserves Act, 1881," has been issued to of the lands hereinafter described: and whereas, in exercise of the powers and authorities in that behalf imposed upon him by the said Act, the Public Trustee has agreed to grant this lease:

Now, Therefore, I, the Public Trustee, do hereby lease to _____, of _____, who and whose executors, administrators, and assigns are hereinafter referred to as and included in the term "the lessee," All that piece of land situate in _____, containing, be the same a little more or less, as the same is described in the Schedule hereto, and de-lineated on the map or plan thereof drawn hereon and bordered: excepting and reserving nevertheless out of this demise unto the lessor, his successors or assigns, all mines, metals, minerals, coal, lignite, lime, slate, or freestone in or upon the land hereby demised, with power to work, use, possess, sell, and dispose of the same, or any part thereof page 13 respectively, except such as may be required by the lessee for bis own use but not for sale or disposal; with power also to the lessor, his successors or assigns, to make roads through the said piece of land, and for such purposes, or any or either of them, to erect or build houses and other convenient buildings thereon on payment of surface-money only, the amount of such damages in cases of disagreement to be settled by arbitration as hereinafter mentioned: To hold the said premises unto the lessee for the term of _____ years, commencing and to be computed from the _____ day of _____, 18 _____, at the yearly rental of _____, payable by equal half-yearly payments on the _____ day of the months of and _____ in each and every year during the said term, subject to the following covenants, conditions, and restrictions:—
1.That the lessee shall and will, during the said term, pay unto the Public Trustee or his successors (hereinafter referred to as "the lessor"), the said yearly rental on the days and in manner hereinbefore mentioned.
2.That the lessee shall and will, during the said term, bear and pay all taxes, charges, rates, or assessments now or hereafter during the said term to be assessed, charged, or imposed upon the hereby demised premises, or upon the landlord or tenant in respect thereof, or of any buildings or improvements thereon.
3.That the lessee shall not assign, sublet, mortgage, or part with the possession of the hereby demised premises, or any part thereof, without the consent in writing of the lessor previously obtained for that purpose.
4.That the lessee "will insure" and "paint outside every alternate year."
5.That he "will fence" and "cultivate."

And it is hereby expressly agreed and declared between and by the said parties hereto that within three months before the determination of this demise by effluxion of time all buildings and fixtures, including fencing, on the land hereby demised, which shall be deemed to be substantial improvements under the regulations made under the said Act, shall be valued by arbitration in the manner hereinafter mentioned; and a fresh lease of the said land for the same period and on the same conditions as this lease shall be page 14 offered for sale by public tender, subject to the payment by the incoming tenant to the lessee of the valuation so to be ascertained as aforesaid; and in the event of there being no accepted tenderer at the said auction the lessee shall have the option of accepting a new lease of the said land for the same period and on the same conditions as this lease, at a rental to be fixed by arbitration as hereinafter provided, but in the fixing of which the arbitrators or umpire shall not be entitled to take into consideration the value of the improvements for which the lessee would otherwise have been entitled to payment as aforesaid; and if the lessee shall decline to accept such new lease or to execute a counterpart thereof, on the same being tendered to him for the purpose, he shall forfeit all right and title to the value of such improvements as aforesaid.

And it is hereby further declared and agreed that throughout this lease, where any matter is agreed to be referred to arbitration, then such matter shall be determined by the written award of two arbitrators, one to be appointed by the lessor and the other by the lessee, and, in case the said arbitrators shall fail to agree upon an award within twenty-eight days after their appointment, then by the written award of an umpire to be appointed in writing by such arbitrators before entering upon the consideration of the matters referred to them; and if either party, after receiving written notice from the other party of the appointment by such other party of an arbitrator, shall fail within twenty-one days after the receipt of such notice to name an arbitrator, or shall name an arbitrator who shall refuse to act, then the arbitrator appointed by the party giving such notice may proceed in the reference alone, and his award on the matter referred to arbitration shall be final and conclusive on both parties; and the said arbitrator or arbitrators and their umpire shall have full power and authority to decide all questions which may arise in the course of the said reference, and in particular any questions as to what matters or things are proper subjects of valuation; and the cost of every such reference and award shall be, in the discretion of the arbitrators or umpire, and the submission hereby made on the award thereon may be made a rule of the Supreme Court of New Zealand at the instance of either of the parties hereto:

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Provided always that, if the rent hereby reserved shall not be paid on the days hereinbefore appointed for payment thereof, then and in such case it shall and may be lawful for the lessor to charge to and recover from the lessee interest at the rate of fifteen pounds per centum per annum on all overdue rent from the date it became due until the date of actual payment:

Provided always that if the rent hereby reserved shall be in arrear and unpaid for the space of three calendar months next after any of the days herein appointed for payment thereof, although no formal demand shall be made for such payment, or in case the lessee shall infringe, or fail to perform or observe, any or either of the covenants, conditions, or agreements herein contained or implied, and by and on the part of the lessee to be performed or observed, then and in any such case it shall be lawful for the lessor into and upon the demised premises, or any part thereof in the name of the whole, to re-enter, and the same to have again, repossess, and enjoy, and to let, use, and dispose thereof as if these presents had not been made; and in case of such re-entry the lessee shall not be entitled to receive, nor shall the lessor be compellable to pay, any valuation or sum for any improvements whatsoever, anything herein contained to the contrary notwithstanding; and such re-entry shall in no wise prejudice the right of the lessor to recover any rent then due or payable, or right of distress, action, or suit that may have arisen under these presents prior to such re-entry.

Dated this _____ day of _____, 18.

Lessor.

Lessee.

The Schedule referred to in the foregoing lease.

Forster Goring,

Clerk of the Executive Council.