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The Pamphlet Collection of Sir Robert Stout: Volume 71

Terms and Conditions of Lease in Perpetuity. — First-and Second-Class Agricultural Lands

page 19

Terms and Conditions of Lease in Perpetuity.

First-and Second-Class Agricultural Lands.

1. The lease shall be for a term of 999 years, to be reckoned from the next 1st day of January or July following the date thereof, and shall in addition include the period between the date of lease and such day.

2. The yearly rental in respect of such lease shall be the amount equal to 5 per cent. on the capital value of such land, and shall be payable in equal parts, half-yearly in advance, on the 1st day of January and 1st day of July in each year, to the Receiver of Land Revenue, Christchurch.

3. Every applicant shall make the declaration prescribed and shall immediately after the application has been approved deposit a sum equal to one half-year's rent of the land applied for. Such payment shall be in discharge of the half-year's rent due on the 1st day of January or July following the date of application. He shall also pay the sum of £1 1s. for the preparation of the lease and the registration thereof.

4. A selector may apply for any number of sections, whether contiguous or not, up to the limit of 640 acres; but he can become the owner or occcupier of 640 acres only in contiguous sections, including the land already owned by him. Sections on both sides of a road are considered contiguous or touching each other.

5. A married woman may become the owner of 320 acres of land in contiguous sections, notwithstanding any land that her husband may be entitled to acquire or may hold, and a married woman may also become a leasee under a will or by virtue of an intestacy.

6. When applications are made on the same clay for the same land, or part of the same land, then the order of selection shall be decided by ballot.

7. The lessee must reside on the land selected within one year from the date of selection, and thereafter such residence shall be continuous for a period of ten years. The Land Board may dispense with residence if the lesscc reside and continue to reside on lands contiguous to the lands held under lease.

8. The lessee shall put on the land comprised in his lease substantial improvements as under:—
(a.)Within one year from the date of his lease to a value equal to 2½ per cent. of the price of the land;
(b.)Within two years from the date of his lease to a value equal to another 2½ per cent. of the price of the land;
(c.)And within six years from the date of his lease to a value equal to another 2½ per cent. of the price of the land; and in addition thereto shall, within six years from the date of his lease, put substantial improvements of a permanent character to the value of £1 for every acre of first-class land, and 10s. per acre on second-class land.

Improvements existing on the land at the time of lease shall be deemed to be improvements made under this clause.

Substantial improvements of a permanent character mean and include reclamation from swamps, clearing of gorse, broom, sweetbriar, or scrub, cultivation, planting gardens, fencing, draining, making roads, sinking swells or water tanks, constructing water-races, sheep-dips, making embankments, or protective works of any kind, or in any way improving the character or fertility of the soil, and include the erection of any building.

9. The lessee must once a year properly cut and trim all live fences now on the land, or which may be planted upon the land during the term, page 20 and stub all gorse not growing as fences, and also stub all broom, [unclear: sweet] briar, and other noxious plants.

10. The lessee must take alternately white-crops and green-or [unclear: root] crops; and on the removal of the third crop the land must be sown [unclear: down] with good permanent cultivated grasses and clovers, and be allowed [unclear: the] remain as pasture for at least two years from the harvesting of last [unclear: crop] before being again cropped.

11. The lessee must not cut the cultivated grass for hay or seed [unclear: the] first year of the course.

12. At all times during the lease the land must be so farmed that [unclear: not] less than one-third of the farm shall be maintained in permanent [unclear: pasture]

13. The lessee must not burn any straw grown upon the land.

14. The lessee must once a year properly clean, clear from weeds, [unclear: and] keep open all creeks, drains, ditches, and watercourses which now are [unclear: on] may he upon the land, and the Land Board shall have the power at [unclear: any] time to enter upon and make any drain through the laud that it may [unclear: deen] necessary.

15. In the event of the lessee failing to comply with any of [unclear: the] covenants hereinbefore mentioned relating to the trimming of live [unclear: fences] and stubbing gorse, broom, and sweetbriar, and to the cleaning, [unclear: clearing] from weeds, and keeping open all creeks, drains, ditches, and [unclear: watercourses] it shall be lawful for the Commissioner of Crown Lands to have such [unclear: world] done, and to recover the cost of the same from the lessee.

16. All buildings erected upon the land shall be kept in good [unclear: order] and repair.

17. The lessee shall be liable for all rates, taxes, and [unclear: assessment] during the term.

18. The Government reserves a right of ingress and egress to the [unclear: telegraph] line which passes through some of the lands to be disposed of.

19. A right to search for and take gravel for making or [unclear: maintaining] roads from any of the lands disposed of is reserved. Payment to be [unclear: made] for surface damage only.

20. The lease shall contain a clause providing that the lessee [unclear: shall] hold the land comprised in his lease subject to the provisions of "[unclear: The] Land Act, 1893," and "The Cheviot Estate Disposition Act, 1893; unless otherwise provided by these regulations.

Declaration on applying for a Lease under "The Land Act, 1892," [unclear: an] "The Cheviot Estate Disposition Act, 1893."

I, A, B,____do solemnly and sincerely declare,—
1.That I am of the age of seventeen years and upwards.
2.That I am the person who, subject to the provisions of "The [unclear: Land] Act, 1892," am applying for a lease of land forming part of the [unclear: Cheviot] Estate.
3.That I am acquiring such lease solely for my own use and [unclear: benefit] and not directly or indirectly for the use or benefit of any other person [unclear: or] persons whomsoever.
4.That, including the lands now applied for, I am not the [unclear: owner] tenant, or occupier, directly or indirectly, either by myself or jointly with any other person or persons, of any lands anywhere in the colony [unclear: exceeding] in the whole 640* acres of first-class land.
page 21

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the General Assembly of New Zealand intituled "The Justices of the Peace Act, 1882,"

A.B.

Declared at,____this____day of____, 189, before

me,

C.D.,

A Justice of the Peace in and for the Colony of New Zealand.

* 320 acres in case of a married woman.