406
THE NEW ZEALAND GAZETTE.

ORDER IN COUNCIL.

Establishing Regulations for the granting of
Gold Mining Leases in the Province of
Otago.

G. GREY,
Governor.

At the Government House at Auckland, this
fifteenth day of September, 1862.

Present:-

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS it is provided by the Gold-
fields Act, 1862," that it shall be
lawful for the Governor in Council from time to
time to make such Regulations, not being
contrary to the provisions of the said Act, as
he shall think fit, for regulating the granting
of Leases for mining purposes, and the terms
and conditions on which such Leases shall be
granted, and such Regulations from time to
time to alter and abolish.

Now, therefore, His Excellency the Gover-
nor, in pursuance and exercise of the said
recited power and authority, Doth hereby, with
the advice and consent of the Executive
Council of the Colony of New Zealand, Make
the following Rules and Regulations for the
granting of Leases for Gold Mining within the
district of the Otago Gold-fields;
And Doth further Declare that this Order
shall take effect from the day of date hereof.

FORSTER GORING,
Clerk of Executive Council.

GOLD MINING LEASE REGULATIONS,

1. What Lands may be Leased.
   Auriferous Crown Lands in the Province
   of Otago may be leased under these Regula-
   tions, except;
   (1.) The whole or any part of any land
   which any person other than the ap-
   plicant is entitled to occupy and ac-
   tually does occupy for mining pur-
   poses, or for residence, by virtue of a
   miner's right or business license.

(2.) The whole or any part of any land
or over which any person other than
the applicant has any interest or au-
thority other than those above men-
tioned, which he may lawfully use or
exercise for mining purposes, or for
discovering the existence of gold or
other metal or mineral.

(3.) Lands containing within their boun-
daries any river, stream of permanent
water, or spring, which may be re-
quired for public purposes or for the
use of the miners generally.

2. Boundaries of Land applied for to be
   defined.
   Persons intending to apply for a lease of
   Auriferous Crown Lands shall, previous to
   making application as hereinafter directed,
   erect or cause to be erected at each angle of the
   land proposed to be leased, a post, three inches
   square, and standing at least three feet in height
   above the surface of the ground, and such posts
   shall be maintained at the expense of the appli-
   cant until the application shall have been granted
   or refused by the Governor.

3. Mode of Application.
   Application shall be made in the form in
   the Schedule hereunto annexed marked A,
   and shall be addressed in duplicate to the War-
   den of the Gold Field within which the land so
   applied for is situated.

4. Applicant to make a deposit.
   At the time of applying for such lease the
   applicant must deposit with the Warden the
   sum of twenty pounds (£20) as a guarantee
   for the payment of any expenses which may
   be incurred for the survey of the land applied
   for, or by reason of any objection to such ap-
   plication being allowed, and such Warden shall
   give to the applicant a receipt therefor, in the
   form in the Schedule hereunto annexed marked
   B., and any surplus which may remain over
   such expenses shall be returned to the appli-
   cant.

5. Official Survey.
   Upon receipt of such application and deposit,
   the Warden aforesaid shall, as soon as may be,
   direct a Surveyor to proceed to the land ap-
   plied for and to survey the same, and to report
   as to the area, boundaries and description
   thereof, the character of the ground, the likeli-
   hood of any river, creek, or permanent water
   spring, or artificial reservoir which may be
   included within the boundaries of the said land,
   being required for, or the feasibility of the same
   being applied to public purposes, or for the
   use of miners of the district generally, and
   also as to any claims to prior occupancy which
   shall come to his knowledge, enquiry as to
   which it shall be his duty to make, while mak-
   ing the said survey; and to furnish a plan of
   such land on a scale of sixteen inches to the
   mile, together with a tracing of so much of
   the general map of the district as will be suffi-
   cient to connect the particular area applied for
   with at least one trigonometrical station, or in
   the absence of any such, with some fixed point.

6. Surveyor to affix notice.
   The Surveyor shall, at the time of making
   the survey hereinbefore directed, place a notice,
   in the form in Schedule hereunto annexed
   marked C., in some conspicuous place on the
   ground; and shall post a copy of such notice
   on the outside of the Warden's office.

7. Priority of Application.
   In the event of more than one application
   being made for the same land, or any part
   thereof, such one of such applications as shall
   have been first left with the Warden shall be
   first considered; and in case any two or more
   of such applications shall be left with the War-
   den at the same time, it shall be in the discre-
   tion of the Governor to which of the applicants
   the lease shall be granted.