82
THE NEW ZEALAND GAZETTE.

original owner, the number and acreage of the
section to be taken and of that to be given in
exchange for it, and calling upon such owner to
appear by himself or agent before the Commissioners,
shall be inserted in the New Zealand Government
Gazette and at least three times in the Times news-
paper of London, unless the owner is known to be
within the Colony.
3. The day fixed for the appearance of such
absentee owner shall be at least four months after
the date of the insertion of the last of such adver-
tisements in the Times.
4. If the owner is known to be within the Colony
of New Zealand a notice to the above effect should
be inserted in the New Zealand Government Gazette,
and at least three times in some newspaper in circu-
lation within the Province of Taranaki. The day
for the appearance in such case shall be at least two
months after the insertion of the notice.
5. If on the day appointed the absentee owner
does not appear in his own person or by agent, the
Commissioners will proceed and investigate and
decide the case in his absence.
6. Provided that before any land is authorized to
be taken for exchange without the consent of the
original owner, the Commissioner shall publish in
the Government Gazette of New Zealand, and in
some newspaper published in Taranaki, a statement
specifying the section to be taken, and that to be
given in exchange, with the name of the original
owner and proposed grantee of each, and a certificate
under the hands of the Commissioners of the actual
value of each of the sections given and taken in
exchange respectively, as ascertained by them, and
of their being satisfied that the exchange will be for
the mutual benefit of the parties concerned.
7 Provided further that no such exchange shall be
confirmed by the Commissioners until a week at least
after the insertion of such certificate in the newspaper
as aforesaid.

FORSTER GORING,
Clerk of the Executive Council.

G. GREY, Governor.
ORDER IN COUNCIL

At the Government House, at Wellington, the
twenty-third day of February, 1866.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by the thirty-second section of an
Act of the General Assembly of New Zealand,
intituled "The Gold Fields Act, 1862," the Governor
is empowered to grant, in the manner therein men-
tioned, leases of auriferous land for mining purposes;
and it is by the thirty-third section of the said Act
provided, 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 this 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 regu-
lations from time to time to alter or abolish.

And whereas by a certain other Act of the said
General Assembly, intituled "The Gold Fields Acts
Amendment Act, 1865," the said thirty-second sec-
tion of "The Gold Fields Act, 1862," is repealed, and
it is amongst other things enacted, that it shall be
lawful for the Governor in Council, in the name and
on behalf of Her Majesty, to demise for mining
purposes to any person, for any term not exceeding
fifteen years from the making of the lease, any
auriferous Crown lands, not exceeding ten acres in
the whole of alluvial ground, or an area of four
hundred yards by two hundred yards on a quartz
reef, and also to grant water rights and other ease-
ments for the purposes aforesaid, and to fix the
amount to be paid by way of rent or royalty for the
same respectively: Provided always that no such
lease shall be granted until two months after notice
of the intention to grant the same shall have been
published in the New Zealand Gazette and at least
one of the local newspapers best calculated, in the
opinion of the Governor, to give publicity to the
same amongst the persons specially interested.

And whereas by three several Orders in Council,
made respectively on the 15th day of September,
1863, the 14th day of September, 1864, and the 28th
day of October, 1864, certain regulations were made
under and in pursuance of the said thirty-third
section of the said first-mentioned Act for regulating
the granting of leases for mining purposes, and the
terms and conditions on which such leases should be
granted.

And whereas it is expedient to make certain other
regulations relating to the granting of leases for
mining purposes:

Now therefore His Excellency the Governor, in
pursuance and exercise of the power and authority
vested in him in this behalf, doth make the additional
regulations set forth in the Schedule hereto, for
regulating the granting of leases for mining purposes
within the Province of Otago:

And the Governor aforesaid, with the like advice
and consent, doth hereby abolish the nineteenth
regulation contained in the Order in Council made
on the 15th day of September, 1863, and in lieu
thereof doth make the regulation numbered five in
the Schedule hereto:

And doth also, with the like advice and consent,
hereby abolish the twentieth regulation contained in
the said last-mentioned order, so far as the same
relates to rents and royalties.

SCHEDULE.

1. The applicant shall state on his application the
   amount by way of rent or royalty, he is willing to
   pay for the lease.
2. The surveyor directed to make the official survey
   shall, in his report to the Warden, state the amount
   which in his judgment the lessee ought to be required
   to pay as rent or royalty, together with the grounds
   upon which he has formed his opinion.
3. If in the opinion of the Warden the amount as
   rent or royalty proposed to be paid by the lessee is
   less than in his opinion ought to be required, he, at
   or after the inquiry held into the truth of the par-
   ticulars alleged by the applicant, shall pronounce to
   the applicant his opinion of the amount which ought
   to be paid by the lessee as rent or royalty, and shall
   ascertain from the applicant what sum he is willing
   to pay as rent or royalty, and shall forward to the
   Provincial Secretary with the application a statement
   of his opinion on the matter, and shall report what
   sum as rent or royalty the applicant is willing to
   pay.
4. The Superintendent shall, if he recommends the
   grant of any lease, state the amount which he recom-
   mends the Governor to require as a rent or royalty.
5. The rent shall be made payable half-yearly in
   advance.

FORSTER GORING,
Clerk of the Executive Council.

G. GREY, Governor.
ORDER IN COUNCIL.

At the Government House, at Wellington, the
twenty-third day of February, 1866.
Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The New Zealand Native Reserves
Act, 1856," it is enacted that it shall be lawful