Continuation of Regulations




THE NEW ZEALAND GAZETTE. 407

8. Objectors to give notice.
Any person objecting to the issue of a lease
so applied for, shall, within twenty-one days
after the posting of the notice by the Surveyor,
forward to the Warden full notice of all such
objections, and shall (except in cases of en-
croachment) deposit the sum of Ten pounds
(£10); and such Warden shall give to the per-
son making such deposit a receipt, in the form
in the Schedule annexed marked D; as security
for the due prosecution of his objections, and in
satisfaction of any expenses to which the Appli-
cant may be put by such objections if disallowed;
and if such objections should not be prosecuted
or should fail, so much of such Deposit shall be
handed over to the Applicant as may be neces-
sary to repay the expenses of such Applicant;
and the balance (if any) shall be refunded to
the person so objecting.

9. Cases of Encroachment.
When application shall have been made for
a lease of any land to the whole or any part of
which any person other than the Applicant
shall claim to be entitled by virtue of prior
occupation under a miner's right or business
license, the objection to the granting of such
lease may be heard by the Warden in the same
way as a case of encroachment under the Gold-
Fields Act; and such Warden shall immediately
report the hearing of any such objection, and
the decision arrived at therein, to the Superin-
tendent of the Province.

10. Enquiry into Application.
After the expiration of twenty-one days
allowed for objections, the Warden shall
appoint a time and place for holding an enquiry
into the truth of the particulars alleged by the
applicant, and of the objections (if any) made
by each objector, and two clear days' notice of
the holding of such enquiry shall be given to
each of the persons interested therein.

11. Proceedings at Enquiry.
At such enquiry the Warden shall take
evidence in relation to the application and ob-
jections, and immediately thereafter he shall
forward to the office of the Provincial Secretary
the application and objections, if any, thereto,
and the evidence taken by him as aforesaid
with his opinion thereon, together with the
report, plan, and tracing furnished to him by
the Surveyor as hereinbefore directed.

12. Governor to issue Leases.
The Governor will, if he shall think fit, upon
the recommendation of the Superintendent of
Otago, issue to any Applicant a lease of the
land applied for, or any part thereof, after the
time prescribed by the thirty-second section of the
Gold Fields Act, 1862; viz. three months after
notice of the intention to grant the same shall
have been published in the Government
Gazette, and at least one of the local newspa-
pers best calculated, in the opinion of the
Governor, to give publicity to the same amongst
the persons specially interested.

13. Date of Lease.
Every Lease will bear date the day of execu-
tion thereof by the Governor and will be trans-
mitted to the Warden, at whose office the same
may be obtained, and the Warden shall deliver
the same to the applicant, or such person as
shall be duly authorised to receive and execute
the same, upon his application therefor, and ex-
ecution thereof, within the time hereinafter
prescribed, and upon delivery to the Warden of
a Receipt showing that a fee of one pound, to-
gether with the first half year's rent, has been
paid to the Receiver of Land Revenue or Gold
Receiver for the District.

14. Execution of Lease.
Upon receiving the lease the Warden afore-
said shall cause notice to be given to the Lessee
or Lessees requesting his or their attendance at
the Warden's Office, or other convenient place,
to execute and take delivery thereof, within a
reasonable time not exceeding Thirty days from
the date of such notice, and should the said
lessee or lessees or his or their lawful Attorney,
as hereinafter provided for, fail to comply
therewith, or to show reasonable cause for an
extension of the time allowed for the purpose,
the Warden shall report the circumstances to
the Provincial Secretary, and the Superinten-
dent may thereupon declare the lease forfeited,
or take such other action therein as he may
think fit.

15. Proceedings in case of refusal of Lease.
If any lease so applied for shall be refused,
either in the first instance, or after a failure to
comply with the terms of the notice in the last
preceding Section mentioned, or if any ap-
plication for a lease shall be withdrawn, a notice
thereof shall be published in the Government
Gazette, and the Warden shall thereupon
instruct a Mining Surveyor to proceed without
delay to the ground described in such Mining
Lease, and cause all posts, notices, &c., by
which such ground shall have been distin-
guished, as applied for under the leasing regula-
tions, to be removed; and further to notify, for
the information of the Miners in the vicinity,
that such ground is open to persons holding
Miners' Rights or Business Licenses or to Ap-
plicants for a Lease, as if no lease of the said
ground had ever been applied for.

16. Costs.
All costs and expenses incurred by, or on
behalf of, or by direction of, the Government,
by reason of the withdrawal of any application
for Mining leases, or of the non-execution of
any such lease within the time aforesaid, shall
be considered expenses within the meaning of .
the second clause of these Regulations.

17. Term.
The term of the lease cannot in any case
exceed fifteen years.

18. Areas of Leases.
The extent of any lease granted under these
regulations shall be, except in special cases
hereinafter provided for, on quartz lodes or
veins, not less than one hundred (100) yards,
nor more than four hundred (400) yards in



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VUW Te Waharoa PDF NZ Gazette 1863, No 48





✨ LLM interpretation of page content

🌾 Order in Council establishing Gold Mining Lease Regulations for Otago (continued from previous page)

🌾 Primary Industries & Resources
15 September 1862
Gold mining, Leases, Regulations, Otago, Procedure, Objections, Enquiry, Warden