MANAWATU COUNTY COUNCIL.

Manawatu Herald, Volume III, Issue 26, 30 November 1880, Page 3

MANAWATU COUNTY COUNCIL.

FERRY LEASES. In pursuance of the provisions contained in " The Counties Act Amend nient Act, 1880, the County Council Tor the County of Manatvatu, in the Provincial District of Wellington and Colony of New Zealand, hereby give notice that they are piepared to receive tendeis from persons willing to become lessees of the femes over the Manawatu River at Foxton and at tlw-liOwer Gorge (the lease of the Foxton ferry to include the Foxton public pound, with the rights and appurtenances thereto belonging), together with all buildings, gear, boats, punts, and all other appliances and appurtenances whatsoever to the said ferries respectively belonging or appertaining. And that the proposed terms and conditions of such leases are as follows, : — Each lease shall be for a term of 7 years, computed fioni the 31st clay of March, 1881, and shall contain the usual covenants— for payment of rent quarterly in advance, the first payment to be made on the execution of the lease j for payment of. all rates and taxes ; for keeping the demised premises in repair; and for the insurance of the same in the full value thereof; also a covenant that the lessee shall use and work the ferry in a proper manner, and abide by and conform to all laws now in force, or which may during the continuance of the lease be in force relating to public ferries'; and also a proviso for re entry by the lessors (with full power to enter upon and take possession of the demised premises*, and of the punts, gear, and all other appliances of or belonging to the feny, and to work * the ferry at the expense of the lessee or his sureties), on nonpayment of lent within 8 days after it becomes due ; or on the breach or non performance ot any of the lessee's covenants ; or on his doing any act contrary to the laws of New Zealand relating to ferries ; or on his becoming baukiupt, insolvent, a lunatic, or dying, or otherwise becoming incapable of managing, or neglecting properly 10 manage and conduct the ferry And also a covenant not tv assign the lease, or underlet the feny, without the consent in writing of the lessees. Each lease shall also contain the following covenants, provisoes, conditions, aud agreements, that is tc say : 1. That the lessee shall provide at his own expense all gear, boais, punts, and materials not included in the lease which in the opinion of the lessors or their engineer shall be necessary for the efficient working of the ferry, and shall provide at his own expense all requisite assistance, fljjph lights to be placed in such positions, and to be kept burning during such hours as the lessees or their engineer shall direct. 2. That the lessee shall keep in thorough repair and condition to the satisfaction of the lessors or their engineer the approaches to the ferry on both sides of the river as follows, that is to say — the approaches to the Lower Gorge ferry from the gate on the east side of the i iver to the punt, and on the west side of the river from the County metalled road to the punt ; and the approaches to the Foxton ferry from Burr's corner to the punt., and from the punt on the south side of the river to the sea beach, and keep all sand cuttings cleaned out ami slopes scrubbed where the lessors or their engineer direct. 3. Thut the lessors, or their servants or officers, shall at all times during the continuance of the lease be at liberty to enter upon the demised premises, and inspect the working of the ferry, and the appliances thereto ; and the lessee shall at his own expense carry out any alterations or instructions as to the working or management of the ferry as the lessees or their officer shall direct. 4. That all punts, boats, gear, and materials provided by the lessee during the continuance of the lease shall be deemed to be the property of the lessors. All such property which shall be included in the lease shall be valued upon the lessee entering into possession and the same together with any additional plant, boats, gear, punts, or other materials supplied by the lessee shall upon the expiration or other sooner determination of the lease be again valued and if the value of the whole of such property shall then be in excess of tfa'ats which is included in the lease, the lessors shall pay the amount of such, excess to the lessee ; but if the whole of such property shall, on the determination of the lease be of less value (after allowing- for reasonable wear and tear) than that included in the lease, the lessee or his sureties shall pay to the lessors the difference between such values. 4a. That the lessee and his sureties shall hold the lessors harmless andindemnified from and againßt any claims for compensation made by any person or persons by reason of any less carriage or personal injury sustained by him or them, or his or their goods and chattels, in consequence of the negligence of the lessee or his servants in the proper ' management and working of the . JEggß^StLOthflcwise. - r and also againßt *^it~gaipages, costs, charges, add "'expenses which the lessors may sustain or be. put to in any Court of luw or otherwise with reference to such elaiau.f •

The lease of the Foxton Ferry and Pound shall contain tho following additional^ covenants and provisoes, namely i — 5. That the le3see shall keep in thorou^^tepair to the satisfaction of the lessors or their engineer the whole of the fences around the cattle paddock and all other fences arouud the ferry property which lead to tho punt and the yard near the punt. G. That the lessee shall in keeping and conducting the Foxton pound conform to all the provisions of the Impounding Act now in force and of any other "laws relating to public pounds which are now or may be in force during tho continuance of the lease and shall keep in good repair and renew if necessary the fencing of the said pound and the paddock thereto belonging. 7 That the lessors shall be at liberty to remove the ferry to any part of the river to a distance not exceeding 5 miles in a straight line from the present ferry, and the lessee shall have no claim against the lessors for any compensation or loss arising out of such removal, but j shall in such case be at liberty to ' determine the lease so far as it re« j lates to the Foxton pound on giving to the lessors 14 days' notice of his intention so to do. 8. That if the natives or any other owners or occupiers of the land on the roadway between Foxton and the beach shall close the same,or offer any serious obstruction to traffic across the land lying between the ferry and the beach on the south side of the Manawatu River, the lessors shall not be liable for any loss to the lessee occasioned thereby, but the lessee shall in that case be at liberty to determine the lease on giving to the lessors 14 days' previous notice of his intention so to do ; but if at any time during the continuance of the lease the said roadway shall be dedicated to the public, or otherwise be legally proclaimed a public road, then from and after the date i f any such dedication or proclamation the right of the lessee o determine the lease on account of any obstruction shall cease, except as to any right oi claim of either party then pending I or existing relative thereto. "The following additional covenant shall be contained in the lease of tho Lower Gorge ferry, namely :~ 9. That tho lessee shall fell the bush, bum off and sow down in good approved English grasses the ferry reserve of 100 ares (more or less) as follows, that is to say— during the first year of the lease 25 acres, and during each succeed ing year of the lease 10 acres. A belt of 3 chains in width of the bush shall be left standing along the river bank, and the whole length of the reserve; and. that the lessees shall also enclose by a ring fence each of the two portions into which the ferry reserve is divided by th<j main road that is to say the whole of the said 100 acres, (move or lees) with a strong substantial legal fence of totara posts and either 4 rails or 7 wires, of approved guage, the posts and rails to be of approved sizes, and the work to be done to the approval of the lessors or their engineer. And that the lessors shall at the expiration or other sooner determination of the lease pay to the lessee the snm of £2 per acre, for all such wcrk to be done as aforesaid, and which shall be left (with the fences), in good order and condition. And further, that except as aforesaid, no bush shall be felled, burnt, or injured by the lessee. Each lease shall contain the following proviso as to ferry tolls— that is to say— 10. That the lessee shall subject to the exemptions contained in section 104 of " The Public Works Act " 1876 be at liberty to demand and receive from the public the tolls to be specified in a schedule to the lease, of which the follswing is a copy : — TABLE OF TOLLS. s. d. For every passenger carried over ... 0 6 „ horse and man in charge 1 6 „ additional horse or head of great cattle up to 20 ... 1 0 „ do do over 20 and up to 100 0 9 „ do do over 100 .. . . 0 C „ sbeep, goat, or other small cuttle .. ..0 2 „ pig ... .. ..0 6 „ vehicle on 2 wheels, with springs, drawn by one horse (driver included) 2 0 „ do do without springs, do 3 0 For every additional horse or head of great cattle drawing game .. -.. .. 10 Mail coach to be charged same scale aa above For every vehicle with more than 2 wheels, with springs, drown by one horse (dri- . ver included)... .. 3 6 „ dodo without springs do do 4 0 For every additional horse or head of great cattle drawing some .. ... 1 0 Ferrying goods when the conveyance in which they have been brought to the ferry does not cross, per cwt 0 3 Ferrying timber when the conveyance in which it has been brought to the ferry does not cross.per l()0f c 0 6 N.B. — From 10 p.m. to 4 i.m. double the above tolls may be charged. All persons tendering shall state the amount of rent per annum they are willing to pay for a sevens year's lease on the terms and conditions above expressed ; and every tender shall be accompanied by an initialed cheque or cash for the sum of £20 which, if the tender be accepted, shall remain in the hands of the County Treasurer as a deposit until the expiration of the lease, and if the County Council shall cancel or deter, mine the lease for any breach of the conditions thereof before the full term

of 7 years, or if the person whose tender is accepted shall refuse to sign a lease, or his sureties shall refuse to i outer into thr> required bond, the said deposit shall be absolutely forfeited to the County Council. The cheques or cash received from those persons tendering whose tenders shall not be accepted shall be l'etm'iicd to them within fourteen days from the acceptance of any tender, or the rejection of all tenders, as the case may be. All tenders must contain the names of two sureties who are willing to enter into a bond in the penal sum ot £200 each, as security for the property under tlie charge of the lessee ; also for the proper and efficient management of the ferry ; and the due performance by the lessee of the covenants and conditions of the lease, and no lease shall be granted until such bond has been duly executed by the sureties, who are to be approved of by the County Council. The County Council do not bind themselves to accept the highest or any tender. The leases and sureties, bonds, shall be prepared by the Solicitor for the County Council but at the expense of the lessees who shall pay all costs, charges and expenses relating thereto at the time of completion and shall deposit with the Treasurer of the County Council the sum of ten pounds as a deposit and in part payment of such expenses as soon as it has been notified to him that his tender has been accepted. All tenders must be sent or delivered, in sealed envelopes, to the Chairman of the County Council, at Foxton, not later than 2 p.m. on MONDAY, the 7th day of FEBRUARY, 1881, marked, " Tender for Foxton Feny," or " Tender for Lower Gorge Ferry." D. H. MACARTHUR, Chairman Manawatu County Council