Auckland Provincial Government Gazette.

399

After day fixed unappropriated lands open for lease.

10. After the day fixed for opening the applications sent in as aforesaid all the unappropriated portions of such lands shall be open for lease to the first applicant for the same, and in all applications for leases made after the day fixed as aforesaid that application which shall be first lodged with the Warden shall be deemed to be the prior application and shall entitle the person in whose favor it is made to the right of priority of selection.

Manner of making application after day fixed.

11. Every such application must be made in manner prescribed by sections 1, 2, and 3, of these Regulations.

Unsuccessful applicant entitled to return of deposit.

12. In the event of any land, in respect of which a deposit has been paid, not being afterwards awarded to the depositor by the Warden the amount so deposited will be returned to him.

Figure of selection to be rectangular.

13. Every area of land applied for must, so far as the features of the country will permit, be of a rectangular form and when fronting on a road river lake or coast be, where practicable of a depth not less than three times the length of its frontage, but no such selection must be made so as to monopolise the wood or water or any landing place in any particular locality; and further no selection shall be permitted to be made in such a manner as to injuriously interfere with the disposition of the remainder of any land in the vicinity of any such selections. Provided always that it shall not be competent for any person to hold by virtue of two or more distinct selections any land dealt with under these Regulations.

Applicant to survey.

14. Every applicant shall have the land selected by him surveyed at his own expense by a duly authorised Surveyor, and shall deliver or cause to be delivered at the Warden’s office, within one month, from the date whereon his application was acceded to, a correct plan of the same certified by such Surveyor.

How lease to be executed.

15. As soon as conveniently may be after the deposit of the survey plan as aforesaid a lease in due form executed on behalf of Her Majesty by the Superintendent, shall be issued to the applicant upon his executing a counterpart thereof and paying for such lease the sum of thirty shillings.

Lease to be forfeited if not executed within one month.

16. If any applicant shall fail to sign and execute the counterpart of his lease for the space of one calendar month after notice shall have been given that the same is ready for signature he shall forfeit his right to such lease. Any such notice may be delivered personally or sent by post: addressed to the place of abode of the applicant.

Rent to be paid in advance.

17. The rent to be reserved upon every lease shall be at the rate of two shillings and sixpence per acre per annum, and all rents or moneys payable under or in respect of any lease shall be due and paid annually in advance to the Receiver of Gold Revenue on the first day of January in each year of the term of lease. Provided always that one full year’s rent shall be paid at the time of issue on all leases issued prior to the thirtieth day of June in any year and one half year’s rent shall be paid on leases issued subsequent to the thirtieth day of June in any year.

Lease to be void if rent in arrear.

18. If at any time during the currency of any lease the annual rent payable in respect thereof shall be in arrear for six months, or that the conditions hereinafter imposed are not fulfilled, such lease shall be declared void and all rights thereunder forfeited.

Conditions of Lease.

19. Every lease granted under these Regulations shall be subject to the conditions following:

(1) Cultivation of not less than one-tenth the whole area within twelve (12) months from the commencement of the term of the lease or one-half of the whole area substantially fenced within the same time.

(2) Cultivation and other improvements to be commenced within three months from the date of the lease.

Lease may be transferred.

20. The beneficial interest in any lease may with the sanction and authority of the Superintendent be at any time after the issue of the same transferred by the holder thereof. Provided always that no such transfer shall be valid unless all the conditions upon which the lease was granted shall have been complied with and that upon any such transfer a fee of one pound (£1) shall in every case be paid.

Survey Fees.

21. The fees charged for survey shall be as follows:—

For an ordinary survey where the area does not exceed 10 acres three pounds (£3), for any larger area three pounds (£3), and an extra two shillings (2s.) for every acre in excess of 10 acres.

Roads.

22. Where land shall be leased in any part of the Goldfield in which roads shall not have been determined on and laid out such land shall be subject to the right on the part of the Superintendent to lay out such roads over the said land when required, and no compensation shall be allowed in respect of any such land so taken except where the same is occupied by buildings or ornamental grounds.

Application to enter to search for gold.

23. Any holder of a Miner’s Right desiring to enter for the purpose of searching for gold upon any land held under Agricultural lease shall apply to the Warden in such form as he may prescribe and shall serve upon the occupant or lessee of the land a duplicate copy of such application. On the receipt of such application the Warden shall appoint a day and place for hearing the same, and on the day appointed shall proceed to hear the application, and any objection thereto that may be made by the lessee or occupier, and shall report to the Superintendent who may thereupon grant or refuse such application.

Deposit.

24. In any case in which permission shall be granted to any holder of a Miner’s Right to enter upon any such land for the purpose of searching for gold he shall deposit with the Receiver of Revenue such sum of money as the Warden may consider sufficient as security for the due performance of any conditions of such permission, and it shall be lawful for the Warden, in case of failure, to comply with such conditions, or any of them, to order payment of