208 RESTRICTIONS ON THE ALIENATION OF LANDS. 



Existing mortgages will not be interfered with in any way, 

 except when any mortgage which has been made by a member of an 

 agricultural tribe contains a condition which is intended to operate 

 by way of conditional sale. In this one class of cases the mort- 

 gage will be revised or altered in the manner I have described. 



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The conditions which will apply to all mortgages made under our 

 proposed enactment, and those which may be inserted by agreement 

 between the .parties, are specified in clauses 7 and 8 of the Bill. 

 Some of these conditions I have already mentioned in explaining 

 the forms of mortgage which will be permitted, and I need only say 

 further under this head that, in the case of term-limited usufruc- 

 tuary mortgages, the mortgagor will be able to redeem his land at 

 any time during the currency of the mortgage on payment of the 

 mortgage-debt, or of such proportion of it as the Revenue-officer 

 may consider to be equitable, and that in no case will the mort- 

 gagor be deemed to bind himself personally to repay the mortgage- 

 money. 



As regards leases, we have amended the provisions under this 

 head of the Bill as introduced by (1) including temporary aliena- 

 tions of the nature of a farm in the proposed restrictions ; () exten- 

 ding the maximum period of a lease or farm to twenty years, and 

 excising the condition that, if the alienor dies within this period, 

 the lease or farm will terminate ; (3) limiting the restrictions to 

 cases where the lease or farm is by a member of an agricultural 

 tribe to a person who is not a member of the same tribe or of a 

 tribe in the same group. Thus the restrictions on leases and farms 

 are brought into harmony with those on mortgages. 



We have made provision for allowing a person who has made a 

 temporary alienation by mortgage, lease or farm for less than twenty 

 years to make a further temporary alienation of the same land during 

 the currency of the first transaction for a term not exceeding twenty 

 years in all, but have retained the provision of the Bill as introduced 

 which bars a further alienation of the same land during the currency 

 of a mortgage, lease or farm, when the first temporary alienation 

 has been made for the full term permitted. 



We have retained the provision which enables the Revenue- 

 officer, either of his own motion or on the application of the person 

 entitled to possession, to eject a mortgagee, lessee or farmer who 



