110
THE NEW ZEALAND GAZETTE.

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 Mining Leases for mining purposes, and
the terms and conditions on which such leases shall
be granted, and such Regulations from time to time
to abolish.

And whereas by a Order in Council bearing date
the fifteenth day of September, one thousand eight
hundred and sixty-three, certain Regulations were
made for the granting of Gold Mining Leases within
the District of the Nelson Gold Fields.

And whereas by the "Gold Fields Act Amendment
Act, 1863," it is provided that it shall be lawful for
the Governor in Council from time to time to alter,
amend, or revoke all or any Rules and Regulations
made or to be made under Section XIV., of "The
Gold Fields Act, 1862:"

Now therefore His Excellency the Governor, by
virtue and in exercise of the powers vested in him in
that behalf, doth hereby, with the advice and consent
of the Executive Council of the Colony, revoke and
cancel all the Rules and Regulations contained in the
said Order in Council, dated the fifteenth day of
September, one thousand eight hundred and sixty-
three; and doth hereby, with the like advice and
consent, make the following Rules and Regulations
for the granting of Leases for Gold Mining within
the District of the Nelson Gold Fields.

FORSTER GORING,
Clerk of the Executive Council.

GOLD MINING LEASE REGULATIONS.

Interpretation. Whenever the term "Warden"
is used in these Rules and Regulations, it shall be
taken to mean the Commissioner, Warden, or Resi-
dent Magistrate, or any other officer entrusted with
the superintendence of the gold field or any portion
of it, and holding a commission under the hand of the
Governor duly empowering him to have charge
thereof.

1. What Lands may be Leased.
   Auriferous Crown Lands in the Province of Nel-
   son may be leased under these Regulations, except;

(1.) The whole or any part of any land which
any person other than the applicant is
entitled to occupy and actually does occupy
for mining purposes or for residence, by
virtue of a Miner's Right or Business
License.

(2.) The whole or any part of any land in or
over which any person other than the appli-
cant has any interest or authority other
than those above mentioned, which he may
lawfully use or exercise for mining pur-
poses, or for discovering the existence of
gold or other metal or mineral.

(3.) Lands containing within their boundaries
any river, stream of permanent water, or
spring, which may be required 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 auri-
   ferous Crown Lands shall, previous to making appli-
   cation 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 applicant 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 Warden of the gold
   field within which the land so applied for is situated.

4. Applicant to make a Deposit, &c.
   At the time of applying for such lease the appli-
   cant must deposit with the Warden a sum equal to
   one year's rent (not being more than twenty pounds
   (£20), of the said land so applied for, as a guarantee
   for the payment of any expenses which may be in-
   curred by the survey of the land applied for, or by
   reason of any objection to such application being
   allowed, and such Warden shall give to the applicant
   a receipt therefor in the form in the Schedule here-
   unto annexed marked B., and any surplus will be held
   for the first year's rent if the application is approved
   of; and, if the application is disallowed, the amount
   will be returned to the applicant after deducting all
   expenses or penalties incurred as aforesaid.

5. Out of the sum of twenty pounds (£20) deposited
   by any person making application for a Gold Mining
   Lease shall be deducted the sum of five pounds (£5,)
   in addition to the previously authorized costs and
   expenses, in case such person shall withdraw his
   application, or forfeit or abandon his claim, or within
   one month after notice by the Warden that the lease
   is prepared, shall not accept the same.

6. 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 applied for and to
   survey the same, and to report as to the area,
   boundaries, and description thereof, the character of
   the ground, the likelihood of any river, creek, or per-
   manent 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, inquiry as to which it shall be his duty
   to make, while making the said survey; and to fur-
   nish 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 sufficient to
   connect the particular area applied for with at least
   one trigonometrical station, or in the absence of any
   such, with some fixed point.

7. All surveys shall be made at the expense of the
   applicant.

8. 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.

9. 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 Warden at the same time, it shall be in the
   discretion of the Governor to which of the applicants
   the lease shall be granted.

10. Objectors to give Notice.
    Any person objecting to the issue of a
    applied for, shall, within twenty-one days afor the
    posting of the notice by the Surveyor, forward to the
    Warden full notice of all such objections, and shall