labour on the land demised in mining, or in works immediately in connection therewith, or in erecting and working machinery for the more efficient obtaining of the ores therein; and such expenditure shall be verified by proper vouchers.

(4.) That the lessor may lay out and construct roads, railways, and tramroads, on or over the demised land for the use of any person or company, or for the use of the public.

(5.) That he may grant by writing under his hand the right of entering on the demised land for the purpose of constructing and maintaining water-races and tail-races, and of leading head-water and tail-water through or over the same.

Covenants by Lessee implied in Leases of Machinery Sites.

34. That such book and vouchers shall be produced to the Lessor whenever required by him, not oftener than twice in every half-year.

(5.) That within twenty-one days after the expiration of every half-year, the lessee shall furnish an account to the lessor, (in a form to be from time to time prescribed by him,) by leaving the same at the Warden’s Office, showing in detail the sums expended during the previous half-year, which the lessee claims to have set-off against the rent payable in respect of such half-year, and such account shall be verified by statutory declaration of the truth thereof; and vouchers shall be produced to the lessor, on a day and at a place to be appointed for that purpose.

38. Provided that if the lessor shall refuse to allow any item in the account which the lessee claims to have allowed, he may apply to the Warden, who shall investigate the matter in such manner as he may think fit and his decision thereon shall be final.

Covenant by Lessor in Mining Leases.

34. In every lease of land for mining purposes, the following covenant shall be implied by the lessor:—

That it shall be lawful for the lessee quietly to enjoy the demised land without any disturbance by any rightful act.

Powers implied in Lessor in Mining Leases.

35. In every lease of land for mining purposes, the following powers shall be implied in the lessor:—

(1.) That he may at all reasonable times enter upon the demised land and examine the mine and machinery thereon.

(2.) That whenever the rent is in arrear for sixty days, the same may be levied by distress.

(3.) That in case the rent shall be in arrear for six calendar months, or in case the lessee shall for three months discontinue bona fide carrying on mining on the demised land, it shall be lawful in any such case for the lessor to re-enter on the demised land, and to determine the estate of the lessee therein, but without releasing him from his liability in respect of the previous breach of any covenant therein expressed or implied.

Covenants by Lessee implied in Leases of Machinery Sites.

36. In every lease of a site for machinery the following covenants shall be implied by the lessee:—

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

(2.) That the lessee shall within two months from the date of the lease commence the erection of the proposed machinery or works connected therewith, shall prosecute the same with reasonable diligence, and shall complete the whole within six months from the date of the lease, or within such further reasonable time as the Superintendent may think fit to grant.

Covenant implied by Lessor in Leases of Machinery Sites.

37. In every lease of a site for machinery the following covenant shall be implied by the lessor:—

That it shall be lawful for the lessee quietly to enjoy the demised land, without any disturbance by any rightful act.

Powers implied in Lessor in Leases of Machinery Sites.

38. In every lease of a site for machinery the following powers shall be implied in the lessor:—

(1.) That the lessor may at all reasonable times enter upon the demised land and examine the progress and the state of the machinery and works.

(2.) That whenever the rent is in arrear for twenty-one days the same may be levied by distress.

(3.) That in case the rent shall be in arrear for six calendar months, or the machinery shall not be worked for more than one hundred and twenty days in any one year, the Lessor may re-enter on the demised land and determine the estate of the lessee therein, without releasing him from his liability in respect of the previous breach of any covenant therein expressed or implied.