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L—3a

172

6. Upon payment of the purchase-money in accordance with the provisions of paragraph 3 aforesaid the purchaser shall become entitled to possession of and to the receipt of the rents and profits of the said land and as from the date when the said purchase-moneys should have been paid as aforesaid the purchaser shall pay interest on the same at the rate of five pounds per centum per annum and as from that date rent and outgoings shall be apportioned as between the purchaser and the Board as agent for the Native owners 7. The purchaser shall forthwith after payment of the said purchase-money take steps to subdivide the said land for sale and shall use his best endeavours to sell the same in areas not exceeding the limits prescribed by Part XII of the Act within three years from the date of this agreement or such extended time as may under the provisions in that behalf hereinafter contained be granted by the Board 8. On payment of the said purchase-money and upon the purchaser effecting a sale of each subdivision of the said land in accordance with the provisions of the last preceding paragraph to a purchaser who at the date of the transfer or assurance hereinafter mentioned was not prohibited under Part XII of the Act or otherwise from acquiring such subdivision the Board shall at the request and at the cost of the purchaser direct and procure the said Walter Harry Bowler to execute to the purchaser or to such derivative purchaser or purchasers as the purchaser shall in writing direct (the purchaser or such derivative purchaser or purchasers not being then prohibited under Part XII aforesaid or otherwise from acquiring such subdivision) an effectual transfer or assurance of each subdivision so sold as may be necessary to vest the fee-simple of the same in the purchaser thereof or his nominee or nominees appointee or appointees And it is expressly agreed that the purchaser shall not be entitled to call for a transfer or assurance of the said land or any part thereof except upon the sale thereof in subdivisions in accordance with the provisions of paragraph 7 hereof 9. If within the period of three years from the date hereof or within such extended time or times as may under the provisions in that behalf hereinafter contained be granted by the Board the whole of the said land shall not have been sold in subdivisions and transferred by the Board to the purchaser or a derivative purchaser or derivative purchasers thereof in accordance with the provisions of paragraphs 7 and 8 hereof then and in such case the right of the purchaser to require further transfers and assurances of the part or parts of the said land not theretofore sold and transferred in accordance with the provisions of paragraphs 7 and 8 hereof (hereinafter referred to as " the unsold lands ") shall subject to and without prejudice to the provisions of the next succeeding paragraph hereof absolutely cease and determine And thereupon it is expressly agreed and declared that the said Walter Harry Bowlor shall hold and stand possessed of the unsold land upon trust for the Board to enable the Board to execute the trusts and purposes following (a) To sell the fee-simple thereof in the same manner and with the same powers and authorities as if the same had been vested in the Board wholly for sale under Part XIV of the Act and as if the powers of sale contained in Part XIV aforesaid were in all respects applicable to and exercisable by the Board with respect to the unsold land except that the provisions of sections 250 251 and 254 of the Act shall not be applicable to the unsold land or the sale thereof (b) Pending the sale of the unsold land the Board may grant leases or grazing rights over the same or any part thereof on such terms as it shall think proper (c) The moneys received by the Board from the sale or otherwise in respect of the unsold land shall be held by the Board in trust (1) To pay all rates taxes and other outgoings payable by the Board in respect of the unsold land or any part or parts thereof (2) To pay and retain all costs and expenses of every nature and kind (including and without derogating from the preceding generality all survey fees cost of road formation and construction advertising and other proper charges) and also a commission of two pounds ten shillings per centum on all moneys coming into the hands of the Board * (3) To pay the residue of the said moneys from time to time to the purchaser 10. At any time within or after the expiry of the aforesaid stipulated period of three years provided for by paragraphs 7 8 and 9 hereof or within or after the expiry of any extended time or times granted by the Board pursuant to the provisions of this present paragraph the purchaser may from time to time apply to the Board for an extension of the said period of three years or of any such extended time or times and if the purchaser shall satisfy the Board that the sale of the said lands in subdivisions cannot without any neglect or want of diligence and expedition on the part of the purchaser be completed at reasonable prices within the period stipulated or any extension thereof then the Board shall grant to the purchaser a reasonable extension or extensions of the said stipulated period 11. In case any dispute shall arise between the Board or the said Walter Harry Bowler and the purchaser touching the grant or refusal by the Board of any application by the purchaser for an extension of the said stipulated time or as to the determination in any manner of any such application or touching the construction meaning or effect of these presents or as to any matter arising under subclause (d) of clause 5 hereof or any other act matter or thing to be done under these presents then such dispute or question shall be determined by a Judge of the Supreme Court on an application to him by either party by way of originating summons or other suitable procedure And it is hereby agreed that the order decision and determination of such Judge shall be final and binding on and shall be followed and given effect to by the parties hereto But the costs of the Board and the said Walter Harry Bowler in any such proceeding or relating thereto shall be borne and paid by the purchaser

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