252
THE NEW ZEALAND GAZETTE.
provisions of the said Act, as he should think fit, for
the 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;

And whereas by the said Act it is further provided
that the Governor may by Proclamation in the
Government Gazette of the Colony, proclaim and
declare the exceptions to be made from leases and
licenses granted under the said Act, and also proclaim
and declare the covenants, clauses, provisos, con-
ditions, and agreements applicable to such leases and
may in like manner from time to time rescind
alter or vary the same;

And whereas by an Order in Council dated at the
Government House, at Wellington, the fifth day of
August, 1865, I, Sir George Grey, the Governor as
aforesaid, in pursuance and in exercise of the firstly
hereinbefore recited power and authority, did, with
the advice and consent of the Executive Council of
the Colony of New Zealand, make the regulations
hereunder written, for regulating the granting of
leases for mining purposes, and the terms and con-
ditions on which such leases shall be granted:

Now therefore, I, Sir George Grey, the Governor
as aforesaid of the said Colony, in furtherance of the
said recited Order in Council, and in pursuance and
exercise of the power and authority in that behalf
conferred on me as aforesaid, do hereby proclaim
that the following exceptions, covenants, clauses,
provisos, conditions, and agreements shall be appli-
cable to leases for mining purposes granted under the
said Act, and that in any such lease it may be
expressly declared that such lease is made subject to
any or all of the covenants, clauses, provisos, con-
ditions, and agreements hereinafter mentioned, that
is to say:—

Right of Ingress and Egress.

1. Her Majesty the Queen reserves to her Govern-
   ment of New Zealand, and all officers and servants
   thereof, the right of ingress, egress, and regress to,
   from, and across the land hereby demised, and the
   mines thereon or thereunder; and of granting to any
   person or persons, or to the public, such right of
   ingress, egress, and regress; and of granting to any
   holder of a miner's right the privilege of entering on
   such land for the purpose of cutting water races or
   tail races, and of leading head water or tail water
   through the same: Provided always that all such
   operations shall be sanctioned by the warden, and
   due compensation given to the said lessee or lessees,
   his or their heirs, executors, administrators, and
   assigns.

To determine Lease if Mining be discontinued
four months.

2. And it is hereby declared and agreed by and
   between the said parties hereto that if the said lessee
   or lessees, his or their executors, administrators, or
   assigns, shall for four months discontinue the bona
   fide mining on the said land hereby demised to him
   or them, it shall and may be lawful for the said lessor,
   or any person duly appointed by him in that behalf,
   to enter into and upon the land and premises hereby
   demised, and thereby determine the estate of the
   lessee or lessees therein.

Rent in arrear to distrain Machinery, Tools, &c.

3. Provided also that if the rent dues duties
   reserved in this lease shall be in arrear and unpaid
   for the space of twenty-one days next after any of
   the days hereinbefore fixed for payment thereof, it
   shall and may be lawful for the said lessor, or any
   person duly authorized in that behalf, to enter upon
   the premises hereby demised, and to distrain the
   machinery, tools, buildings, or other property of the
   said lessee or lessees for the time being in, under, or
   upon any part of the premises hereby demised, for or
   in respect of any such rent dues or duties which
   ought to have been paid to the lessor or any person
   duly authorized to receive the same.

Plan of Section of Mines.

4. Provided also that they, the said lessee or
   lessees, his or their executors, administrators, or
   assigns, will and shall at all times during the con-
   tinuance of this demise, if required so to do by the
   said lessor or any person duly authorized in that
   behalf, prepare and keep a proper plan or section of
   all the workings and actual condition of the mines
   and premises hereby demised.

To furnish Returns, &c.

5. Provided also that he or they, the said lessee or
   lessees, his or their executors, administrators, or
   assigns, shall and will at all times during the con-
   tinuance of this demise furnish true and accurate
   quarterly returns, and certify to the same on oath to
   the warden or other officer duly authorized in that
   behalf, of the average number of men on or about the
   mines and premises hereby demised: and shall from
   time to time, whenever so required by the warden,
   mining surveyor, or such other duly authorized
   officer, up to the period when the full sum hereby
   agreed to be expended in or about the said mines
   and premises shall have been so expended, furnish a
   true and accurate account, certified as aforesaid, of
   the amount at such date expended as aforesaid.

Not to work out of Limits.

6. Provided also that the said lessee or lessees, his
   or their executors, administrators, or assigns, shall
   not nor will during the continuance of this demise,
   work the said mines out of or beyond the limits and
   boundaries hereinbefore mentioned.

To fence Pits if required.

7. Provided also that he or they the said lessee or
   lessees his or their executors administrators or assigns
   shall and will build and keep in good repair a good
   sufficient and substantial wall or other fence around
   all the pits and shafts which may at any time during
   the said term hereby granted be open in any part of
   the premises if required so to do by the lessor or by
   any person duly authorized by him in that behalf.

Breach of covenants to re-enter and determine Lease.

8. Provided lastly and it is hereby declared and
   agreed by and between the said parties hereto, that
   in case the said lessee or lessees, his or their execu-
   tors, administrators or assigns shall fail or neglect to
   perform and keep all and every of the covenants,
   conditions, provisos, and agreements hereinbefore
   contained and implied by virtue of "The Gold Fields
   Act, 1862," or of any regulations made under the
   authority of the said Act referring to leases for gold-
   mining within the Province wherein the land hereby
   demised is situate, and which are in force at the time
   of the execution hereof, it shall and may be lawful
   for the said lessor, or any person duly appointed in
   that behalf, forthwith or at any time or times there-
   after to enter into and upon the land and premises
   hereby demised, and thereby determine this lease.

And I declare that this Proclamation shall come
into operation and take effect from the day of the date
hereof.

Given under my hand, at the Government
House, at Wellington, and issued under
the Public Seal of the Colony of New
Zealand, this fifth day of August, in the
year of our Lord one thousand eight
hundred and sixty-five.

By His Excellency's command,
HENRY SEWELL.

G. GREY.

GOD SAVE THE QUEEN!