✨ Legal and Land Notices
Auckland Provincial Government Gazette.
the whole or any part of such money to the lessee or occupier of the land, or to make such other order in relation to the same as to him shall seem fit, and the decision of the Warden shall be final and conclusive as regards all parties concerned.
Conditions of entry to search for gold.
- The Superintendent reserves the right of free entry to any land so leased as aforesaid for the purpose of searching and mining for gold, or for any other metal, or mineral and of determining any lease when such gold metals or minerals shall have been discovered therein, and also of granting permission to prospect without compensation upon any unimproved land.
Exemptions.
- Agricultural leases will not, except in special cases, be granted for lands comprised within the boundaries of proclaimed townships or public reserves, nor for any area including a permanent water course or which may present auriferous indications, and in all cases a public roadway one chain in width will be reserved along the margins of navigable streams and rivers.
Rivers, etc., may not be diverted.
- The granting of any lease shall not authorise the diversion of any river, stream, or water course required for public purposes, or for the use of miners generally, or authorise the use of any water therefrom, or from any natural spring except for domestic purposes, but all such water on any demised land shall be subject to the Goldfields Regulations for the time being in force for regulating the granting of water rights.
Superintendent may reserve land in certain cases.
- The Superintendent may at any time, by proclamation in the Government Gazette of the Province, proclaim any land included in any agricultural lease to be a reserve for the site of a Township or for any other purpose of public utility, and the estate of the Lessee in the land so reserved shall at the expiration of the period of six months from the date of such proclamation cease and determine on payment to the Lessee of the amount of loss or injury he may have sustained by the exercise of such right, such amount to be ascertained by two impartial persons, one to be appointed by the Superintendent, and the other by the Lessee, or by any umpire to be appointed by two such appraisers.
Superintendent may exclude land from lease.
- Provided always that it shall be lawful for the Superintendent at any time before the execution of any lease to exclude from the land proposed to be comprised therein any land which may appear to him to be suitable and necessary for any purpose of public utility.
Lapsed Leases.
- Should any lease granted as aforesaid lapse, or be forfeited, the Warden may, with the approval and in the name of the Superintendent, re-enter on the land so demised, and the same re-possess and enjoy as effectually as if no such lease had existed.
Provision for acquisition of land.
- In the event of the acquisition by Government of the freehold of the lands comprised in the Ohinemuri Goldfield all applications which may be made by Lessees for the purchase of the lands demised to them under these Regulations shall be forwarded to the Warden, who shall report thereon, and shall as soon as conveniently may be thereafter submit the same together with such report for the consideration of the Government.
SCHEDULE A.
APPLICATION FOR AGRICULTURAL LEASE.
Received in Warden’s Office
_day of __, 18__
at the hour of ____.
To the Warden at Ohinemuri.
In pursuance of the Regulations made under “The Gold-fields Act, 1865,” for granting Leases for Agricultural purposes, within the Ohinemuri Goldfield, I hereby make application for a Lease, the position of which is shown on sketch plan annexed, to be granted to me, whereof the particulars are as follows; and deposit herewith the Receipt of the Receiver of Gold Revenue for the sum of Ten Pounds, and agree to pay any further costs and expenses which may be incurred in respect of this application in accordance with the said Regulations.
District.
Boundaries.
Deposit.
I hereby appoint ____ as the place where all Notices required to be given respecting the above application may be served, and where, if so served, I will consider them served on myself personally.
Signature in full
Date.
Address
NOTICE.
IN THE SUPREME COURT OF NEW ZEALAND.
NORTHERN DISTRICT.
Between Robert William Hammond, Plaintiff; and John Hamilton, Defendant.
WHEREAS, by virtue of a Writ of Fieri Facias issued in this action, and directed to me, ordering me that of the real and personal property of the above-named John Hamilton, I should cause to be made the sum of £207 9s. 6d., together with interest on the said sum at the rate of 8 pounds per centum per annum from the 3rd day of March, 1875, together with £1 13s. 6d. for the said Writ, besides Sheriff’s poundage, Officers’ fees, &c.: Now I do hereby give notice that I shall cause to be Sold by Public Auction, by Richard Arthur, at his Auction Mart, Queen-street, Auckland, on the 9th day of September, 1875, at the hour of 12 o’clock noon, unless the sum of £21 9s. 6d., being the balance due under the said Writ of Fieri Facias, and interest thereon, be sooner paid, besides Sheriff’s poundage, Officers’ fees, &c.
All the Estate, Right, Title, and Interest of the said John Hamilton, of, in, and to all that piece or parcel of land, in the Province of Auckland, containing 50 acres, more or less, being Allotments Nos. 49A and 55, in the Parish of Hautapu, Banks County, District of Waikato, Province of Auckland; and all that piece or parcel of land containing 50 acres, more or less, being Allotment No. 128, in the Parish and County aforesaid; and also all that piece or parcel of land containing 50 acres, more or less, being Allotment No. 129, of the Parish and County aforesaid.
And I further give notice that the Estate or Interest of the said John Hamilton in respect of the abovementioned lands, consists of his equity of redemption or other equitable estate in the said lands, and that all the said lands, and all the estates and interests of the said John Hamilton therein and thereto, have been taken by me in execution at the suit of the said Robert William Hammond, the Execution Creditor.
Dated 29th May, 1875.
H. C. BALNEAVIS,
Sheriff.
Samuel Jackson and James Russell, of Fort-street, in the City of Auckland, Solicitors for the said Robert William Hammond.
Printed under the authority of the Provincial Government of the Province of Auckland by Henry Brett, Printer for the time being to the Provincial Government, at his General Steam Printing Establishment, Wyndham-street, Auckland.
✨ LLM interpretation of page content
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Regulations for Granting Agricultural Leases in Ohinemuri Goldfield
(continued from previous page)
🗺️ Lands, Settlement & Survey15 July 1875
Agricultural leases, Ohinemuri Goldfield, Regulations, Applications, Deposits, Lease conditions, Survey fees, Roads, Gold mining
⚖️ Supreme Court Notice of Sale by Auction
⚖️ Justice & Law Enforcement29 May 1875
Supreme Court, Fieri Facias, Public Auction, Land Sale, Auckland
- John Hamilton, Defendant in Supreme Court case
- Robert William Hammond, Plaintiff in Supreme Court case
- H. C. Balneavis, Sheriff
- Samuel Jackson, Solicitor for Robert William Hammond
- James Russell, Solicitor for Robert William Hammond
Auckland Provincial Gazette 1875, No 38