Goldfield Lease Regulations




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paid to the applicant, out of the deposit of ten pounds so to be made as aforesaid, such sum as such Warden shall think reasonable to defray the expense to which the applicant may have been put by reason of the objection made, and the balance (if any) shall be repaid to the Objector.

Costs may be granted to Objector,

  1. The Warden may grant such costs as he may think reasonable to any objector who shall in his opinion substantiate his objection.

Superintendent will grant or refuse Lease as he may think fit.

  1. The Superintendent upon consideration of all the circumstances, will either grant or refuse the Lease, as he shall think fit.

Superintendent will execute a lease.

  1. If the Lease be granted, it will be executed by the Superintendent, in the name and on behalf of Her Majesty and will bear date on the day of the execution thereof by him.

Rent Payable.

  1. In every Lease granted under these regulations for mining purposes, there shall be in the first place a rent reserved after the rate of £2 per acre per annum, payable half-yearly in advance, and in the next place a further rent of £100 per annum, payable half-yearly, for each 15,000 square feet of land comprised therein. Provided always that as regards the latter rent of £100 the amount bond fide expended in labour on the land demised, in mining thereon, or in work immediately in connection therewith, or in erecting and working machinery for the more efficient obtaining of ores therefrom, shall be allowed as a set-off against such last reserved rent; and the rent reserved in every lease of a site for machinery shall be £5 per annum, payable half-yearly in advance.

Lease to be transmitted to Warden.

  1. When executed the original Lease will be transmitted to the Warden, with a counterpart thereof.

Notice to be given requiring Lessee to execute.

  1. Upon receiving the lease, the Warden shall cause Notice thereof to be given to the Lessee requiring such Lessee to attend at the Warden’s Office, and to execute the counterpart within fifteen days from the service of such notice.

If Lessee fail to comply, &c., Lease to be cancelled.

  1. If the Lessee fail to comply therewith or to show reasonable cause for an extension of time, which may be granted by the Warden, not exceeding fifteen days, the Lease shall be cancelled and all rights privileges and claims, in respect of the application for the same shall be deemed to have been forfeited, without prejudice nevertheless to any claim that may then exist, by virtue of occupation under a Miner’s Right or under any license or otherwise than in respect of such application, and lease as aforesaid.

If Lease refused, &c., Notice to be given.

  1. If any lease so applied for shall be refused, or if the counterpart of any lease granted shall not be executed as hereinbefore required, or if any application for a lease shall be withdrawn in writing, notice thereof respectively shall be given in one of the local newspapers best calculated in the opinion of the Warden to give publicity to the same amongst the persons specially interested; and the Warden shall cause all posts and notices placed on the land in respect of such lease, and the application for the same to be forthwith removed therefrom.

Costs incurred by Government, to be paid by Applicant.

  1. All costs and expenses, incurred by or on behalf of the Government, under these regulations, in respect of any application for a lease, shall be fixed by the Warden and paid by the applicant, and may be deducted from the said sum of twenty pounds.

And in addition, £2 if Lease granted, or Application withdrawn, &c.

  1. And in addition thereto there shall be paid, and may be deducted in like manner the sum of £2, if the lease be granted for the costs of preparing the same by the lessor’s Solicitor, and the sum of £2 if the application be withdrawn, or the claim forfeited or abandoned, or the counterpart lease be not executed as hereinbefore provided.

Balance to be returned to Applicant.

  1. After such deductions as aforesaid, the balance (if any) shall be returned to the applicant.

Counterpart may be executed under power of attorney.

  1. The counterpart of any lease may be executed under a power of attorney in like manner as any other deed may be executed in this Colony.

Covenants implied by Lessee to Mining Leases.

  1. In every lease of land for mining purposes there shall be implied the following covenants by the lessee—

(1.) That the rent reserved shall be paid at the time therein mentioned.

(2.) That the lessee will carry on Mining on the demised land during the term granted in an efficient and workmanlike manner.

(3.) That a Book shall be kept in which shall be entered all sums of money from time to time expended on



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Online Sources for this page:

VUW Te Waharoa PDF Auckland Provincial Gazette 1868, No 54





✨ LLM interpretation of page content

🌾 Proclamation of Regulations for Granting Leases on Thames Goldfield (continued from previous page)

🌾 Primary Industries & Resources
29 October 1868
Goldfields, Lease Regulations, Mining, Proclamation