ANAWATU COUNTY COUNCIL.

Manawatu Herald, Volume III, Issue 27, 3 December 1880, Page 4

ANAWATU COUNTY COUNCIL.

FERRY L'SVSB*. In pui'3tviiic.j. of the povisions con •mod in " Thi Counties Act Annud- ! nit AA IS {0, tin Ootmiy Council • ■„• tin. Oriiity of ,\[i:vnvihu, ii the "'rovinci.il District of Wellington i id Col my of New ZnU:id, lie why ;ive notice that tliay are prepared to .jceive tendeis from, psrsoas willing > become lessees of the ferries over ie Manawatu River at Foxton and at lie Lower Gorge (the lease of the j'oxton, ferry to include the Foxton mblic pound, with the rights and appurtenances thereto belongiug), tojether with all building.3, gear, boats, 4 >unts, 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 from the 31st day of March, 1881, and shall contain the usual covenants— for payment of rent quarterly in advance, the first payment to be made on the executiou of the lease ; for payment of ail 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 iv 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 ferry, 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 nonperformance 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 bankrupt, insolvent, a lunatic, or dying, or otherwise becoming incapable of managing, or neglecting "properly to manage and conduct the ferry And also a covenant not to assign the lease, or underlet the ferry, without the consent in writing of the lessors. Each leaso shall also contain the following covenants, provisoes, condU tions, and agreements, that is to say : t. That the lessee shall provide at his own expense all gear, boats, 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 assiscance, ■end also such 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 liver as follows, that is to say — the approaches to the Lower Gorge ferry from the gate on the east side of the river 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 and slopes scrubbed where the lessors or their engineer direct. 3. That 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 that 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 leas value (alter 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. v--4a. That the lessee and his sureties shall hold the lessors harmless and indemnified from and against 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 Bervants in the proper management and working of the ferry or otherwise ; and also against all damages, costs, uharge3, and expenses which the lessors may sustain or be put to in any Court of law qr otherwise with reference to such claims.

The lease of the Foxton Ferry and Pouad shall contain the following additional covenants and provisoes, namely : — 5. That tin le3see shall keep in j th n'ou^h repair to the satisf iction of the lessors or their engineer the whule of the fence.? around the cattle paddock an I all o'her fences around tlio ferry property which lead tj thfl punt and the yard near the punt. 6. 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 the 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 Joss arising out of such removal, but shall in such case be at liberty to determine the lease so far as ifc ye* 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 < f any such dedication or proclamation the right of the lessee to determine the lease on account of any obstruction shall ceasf, except as to any right or claim of either party then pending or existing relative thereto.

The following additional covenant shall be contained in the lease of the Lowor Gorge ferry, namely : — 9. That the lessee shall fell the bush, bum off and sow down in good approved KngUsh grasses the ferry reserve of 100 a res (more or less) as that is to say— during the first year of the lease 25 acres, and during each succeeding year of the lease 10 acios. 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*i main road that is to say the whole of the said 100 acres, (more or less) 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 work 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 contaiued in sectiou 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 .. ..06 „ sheep, goat, or other small cuttle .. ..0 2 „ pig 0 6 ( „ vehicle on 2 wheels, with springs, drawn 03' one horse (driver included) 2 G I „ do do without springs, do 3 0 For every additional horse or head of great cattle drawing same 10 Mail coach to be charged same scato as above For every vehicle with more than 2 wheels, with Bprings, drown by one horse (driver inoluded)... .. 3 6 „ do do without Bprings do do 4 0 For every additional horse or head of great cattle drawing sanae .. ...10 Ferrying goods when the conve.vance in whioh they have been brought to the ferry does not cross, per owt 0 3 Ferrying timber when the conveyance in whioh it has been brought to the ferry does not cross.per lOOfc 0 6 N.B.— From 10 p.m. to 4 i.ra. 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 determine the lease for any breach of the j ! 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 smeties shall refuse to enter into the 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 bo .accepted shall be returned 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 ol £200 each, as security for the property under the charge of the I 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 Ferry," or " Tender for Lower Gorge Ferry." D. H. MAC ARTHUR, Chairman Manawatu County Council