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Credit for advances to be allowed to incoming tenant.

Commissioner

may erect verminproof fences.

Copy of plan to be evidence.

Resumption.

Lessee may surrender for new lease.

The Pastoral Amendment Act.-1898-9.

arrear under the lease. If the lease in respect to which the advances are made shall terminate whilst any instalments remain unpaid such remaining instalments shall be payable at the termination of the lease unless the incoming tenant (if any) shall agree to pay the same; or the amount may be repaid by the lessee on giving six months' notice to the Commissioner of his intention so to do.

13. Any lessee who shall have received an advance for fencing, pursuant to the preceding section, shall, until such advance shall be repaid, allow similar credit to any person from whom he shall be entitled to recover any portion of the cost of such fence.

14. Vermin-proof fences may be erected by the Commissioner out of moneys to be appropriated by Parliament for the purpose, and the cost and interest, as mentioned in section 12, may be recovered from lessees benefited thereby as if rent reserved by their leases, provided that

1. A plan showing the proposed situation of the fence, and also
the leases which will be benefited thereby, and the names
of the lessees, and the proportion in which the cost is
proposed to be charged to such lessees, shall first be laid
before Parliament for thirty days, and shall be forwarded
to all persons proposed to be rated, and afterwards-
II. Resolutions shall be adopted by both Houses, approving of the
erection of the proposed fence.

15. A copy of the plan referred to in the preceding section, certified by the Surveyor-General, shall be conclusive evidence of the liability of the lessees in the proportions stated.

16. No lessee shall be entitled to require the resumption of the whole of the land comprised in any lease on account of resumption of an area not exceeding one-tenth thereof for commonage residential or other purposes incidental to mining.

If any lands resumed for or in connection with mining, and included in any pastoral lease, should be afterwards found to be not required for the purposes for which they were resumed, the pastoral lessee shall have a preferential right to occupy such lands during the residue of his lease on terms to be prescribed.

17. Any lessee of pastoral country held under any tenure whatever, other than under the Acts of 1893, 1895, or 1896, or any of them, and other than the lands in class I. referred to in section 4 of this Act, may, until the thirty-first day of December, one thousand eight hundred and ninety-nine, give notice in writing to the Commissioner of his desire to surrender his lease and take in lieu thereof a lease under the provisions of this Act, and thereupon the Pastoral Board, with the approval of the Commissioner, shall fix the rent payable under such new lease, and notice in writing of such

rent

The Pastoral Amendment Act.-1898-9.

rent having been fixed shall be forthwith given to such lessee, who may within three months thereof, or such further time as may be prescribed, notify his acceptance of the rent so fixed, and thereupon such surrendering lessee shall be deemed to have surrendered his existing lease, and all rights, claims, and demands thereunder, including all claims to compensation for improvements and otherwise, and shall be entitled to a new lease, which shall confer and entail all the rights and privileges of this Act, and of the Acts of 1893, 1895, and 1896, as amended hereby: Provided that the Commissioner may, on the recommendation of the Pastoral Board, refuse to accept any such surrender.

18. Any lessee who has heretofore exercised any right of surrender or holds a lease under the Acts of 1893, 1895, or 1896 may, upon the recommendation of the Pastoral Board and with the approval of the Commissioner, notwithstanding such surrender, avail himself of the provisions of this Act, and shall be entitled after surrendering any existing lease to a new lease for the full term which would be granted to him by virtue of this Act: Provided that such approval and such assent be applied for and given before the thirtyfirst day of December, one thousand eight hundred and ninety-nine: Provided also that the rent under such new lease shall not be in excess of that payable by the lessce had he not availed himself of the provisions of this Act.

Extension to previous surrendering lessees.

19. Any pastoral lessee who holds a lease granted under the Lessee may apply for Acts of 1893, 1895, or 1896, or either of them, may, before the reduction of rent. thirty-first day of December, one thousand eight hundred and ninety-nine, apply for a reduction of rent and price to be paid for improvements, and the Commissioner may, on the recommendation of the Pastoral Board, grant such reduction of rent and re-value such improvements.

20. The area which may, pursuant to section 149 of the Governor may resume principal Act of 1888, be resumed where any artesian water may be found and five square found or conserved by the Government is hereby extended from one miles contiguous. mile to five miles: Provided that, if such area be afterwards proposed to be leased, the lessee or lessees of the land adjoining shall have a preferential right to such lease to be exercised in manner prescribed.

21. In the construction of this Act "boundary fence" means any Meaning of fence used as an outer boundary fence of any contiguous lands boundary fence. occupied as one run.

22. No District Council shall hereafter be proclaimed or formed so as to include within its limits any land held under a pastoral lease.

23. Errors are contained in Schedule B to the Act of 1893, and the same is therefore repealed, and the Schedule to this Act substituted therefor as from the passing of the Act of 1893, and all leases since granted shall be read accordingly.

District Councils not leases.

to include pastoral

Correction of errors

of Act of 1893.

Correction of errors of Act of 1893.

Certain sections of Acts of 1893 and 1895 not to be affected.

Section 6 amended.

Date when concessions shall be

operative.

Conditions of lease.

The Pastoral Amendment Act.-1898-9.

24. Errors in sections 33 and 34 of Act 585 of 1893 are hereby amended in the following manner, viz. :—

Section 33-By striking out "50 and 51" in line 4 and inserting in lieu thereof "51 and 52."

Section 34-By striking out "32" in line 1 and inserting in lieu thereof "33."

25. Nothing in this Act shall cancel or affect the present operation of sections 44 and 64 of "The Pastoral Act, 1893," and sections 5 and 6 of "The Pastoral Act Amendment Act, 1895," but so that the carrying capacities of the various classes stated in the said section 6 as five thousand, ten thousand, and thirty thousand sheep, shall be respectively increased to ten thousand, twenty thousand, and sixty thousand sheep.

26. All concessions to lessees authorised by this Act shall date as from January first, one thousand eight hundred and ninety-eight.

27. No covenants or conditions shall hereafter be inserted in any lease except such as are authorised by law.

In the name and on behalf of Her Majesty, I hereby assent to
this Bill.
S. J. WAY, Lieutenant-Governor.

THE

The Pastoral Amendment Act.-1898-9.

THE SCHEDULE.

Scale for Payment of Purchase-money for Improvements, the property of the Crown, where Special Arrangement made, pursuant to Section 51 of Act 585 of 1893, showing the Annual Payments in Advance, including Interest at 5 per cent. per Annum, to be made in respect of every £100 of the Purchase-money.

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