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9

APPENDIX.

This deed made the day of 190 between the Native proprietors whose names are set forth in the First Schedule hereto in respect of the blocks of land specified in the Second Schedule hereto (hereinafter called " the said lands") of the one part and Hone Mariana, Kinihori Te Hira, and Pera Mariana all of Matata in the Provincial District of Auckland aboriginal Natives of New Zealand (hereinafter called " the lessees ") of the other part. Whereas an arrangement between the Native proprietors and the lessees has been made for certain easements and rights over the said lands including the rights to fell and remove timber in and upon the said lands And whereas Sir Robert Stout and Apirana Turupa Ngata the Commissioners appointed by His Excellency the Governor by Order in Council dated the 21st day of January 1907 to inquire into question of Native lands and Native-land tenure duly ascertained at a sitting of the Commission held at Rotorua on the day of January 1908 that the assent of the said Native proprietors and each of them had been given to the terms of the arrangement as aforesaid with the lessees And whereas His Excellency the Governor in terms of section 12 of " The Thermal Springs Districts Act 1881 " has by writing under his hand authorised to sign this deed and any other necessary deed on behalf of the Native proprietors in order to vest in the lessees the estate described in this deed : 00, : Now this deed witnesseth that the said Native proprietors (hereinafter called " the lessors ") and the said for and on behalf of the lessors in pursuance of the terms of the arrangement made between the lessors and the lessees and under and by virtue of the authority from His Excellency the Governor as aforesaid do hereby lease give and grant unto the lessees the whole of the marketable timber green-and dry now standing or being in or upon the said lands for a period or term of twenty-one years from the day of 190 subject to the following terms covenants conditions and restrictions : — 1. The lessees will pay to the lessors for the said timber after it had been cut and taken to the mill-skids the sum of 6d. per 100 superficial feet (hereinafter called " the royalty ") and the timber shall include rimu, totara, matai, kahikatea, miro, tawa, rata, rewarewa, puriri, hinau, and mangeao. In computing the measurements of the timber 4 in. bark measurement will be deducted and the measurements made at the mill-skids. All knots, burghs, shakes, rind-galls, inlet-bark, or any other defects will be docked in the usual manner in computing the measurements. If the measurements of any logs are disputed such logs will be put through the mill and the superficial measurements taken when they are cut up. 2. The lessees will pay the royalty to the lessors at the end of every three months computed from the time the lessees commenced to fell and cut timber on the said lands. The royalty will be apportioned in respect of each block of land mentioned in the Second Schedule according to the amount of timber taken from each block by the lessees. The total amount of royalty payable by the lessees to the lessors in respect of the said lands shall not be less for any year than the sum of £150. Provided however that this last-written condition shall not operate during the first eighteen months from the commencement of the term of lease hereby granted in consequence of that time bein» required by the lessees principally for the construction of their mill and the tramways in and fronfthesaid lands. Provided also that whereas there are several proprietors in each block of land that are not proprietors in the other block of land should the lessees pay royalty as aforesaid in respect of only one block during any one year they the lessees will pay by way of compensation the sum of £10 in respect of the other block whereon no royalty has been paid by the lessees to be divided pro rata amongst those proprietors who are not proprietors in the block whereon no royalty has been paid. 3. The lessors will appoint a person to keep account of the measurements of timber at the skids and such person shall produce from time to time the accounts so kept by him to the lessees or their clerk at the mill-office and at such office the accounts shall be compared and all errors or misunderstandings shall be settled in a manner satisfactory to all parties concerned. 4. All work required by the lessees to be done outside of milling-work in connection with the felling of the timber and the like will be given to the lessors whenever there may be any of them ready and willing to do the same in a satisfactory and workmanlike manner and only when there is an insufficient number of them to do the work required or when the work is not done satisfactorily and workmanlike will the lessees employ others than the owners for the work as aforesaid. 5. All payments for work done as set forth in the last preceding clause shall be made on the 15th day of the next succeeding month to the .one when the timber has been taken and measured. The payment for work done shall be at the rate of Is. per 100 superficial feet and shall be estimated on the logs when the workers have hewn them cut them into lengths and placed them on the bush-skids ready to be drawn to the mill. Provided however that the logs will not be required to be taken by the workmen in the absence of any special arrangement more than 20 chains from the place of felling towards the tram-line. 6. The lessees will be at liberty at all times to enter upon the said lands or any part thereof by their servants contractors workmen and agents and with their horses and bullocks and remove the timber therefrom in such quantities and lengths and in such manner as they shall think fit. 7. The lessees shall have the sole and exclusive right to construct lay remove take up or relay any tramways and to make roads skids rolling-roads and other ways and to make and construct culverts bridges dams and creeks flumes waterways and such other work as they shall think fit for the purpose of removing the timbers as aforesaid and incidental thereto. The lessees will be entitled to fell and use free of charge trees or timber for making or constructing any such roads tramways or other works incidental to the removal of such timber. 8. The lessors and the said by virtue of their authority as aforesaid will let and the lessees will take on lease a piece of land within the said lands to be selected by the lessees not more than 30 acres in area for the purpose of a mill-site at the yearly rental of £5 payable yearly in advance for the said period or term of twenty-one years hereinbefore granted, and the lessees

•2—G. In.