330
THE NEW ZEALAND GAZETTE.

G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
seventh day of July, 1869.

Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The Bay of Islands Settlement
Act, 1858," it is amongst other things pro-
vided, that, within the Settlement constituted under
the said Act, all the Waste Lands of the Crown, and
all land reserved or taken for the purposes of the
said Act, shall be held and disposed of under the
provisions of the said Act and not otherwise, and
that it shall be lawful for the Governor within such
Settlement to cause a town to be surveyed and laid
out, and also suburban and rural allotments, and that
all such town, suburban, and rural lands shall be let,
sold, occupied, and disposed of for such prices, in
such manner, for such purposes, upon such terms,
and subject to such regulations as the Governor
in Council shall from time to time prescribe for that
purpose: And whereas it is expedient that all
regulations heretofore made and prescribed for the
letting of lands in the said Settlement containing
coal should be revoked, and that new regulations
should be made in lieu thereof:

Now, therefore, His Excellency the Governor, in
exercise and pursuance of all powers and authorities
enabling him in this behalf, and with the advice
and consent of the Executive Council of New
Zealand, doth hereby revoke all regulations hereto-
fore made and prescribed for the letting of lands in
the said Settlement containing coal, and doth hereby
make and prescribe the Regulations in the Schedule
hereto, for the letting, occupation, and disposal of
such of the Waste Lands of the Crown in the said
Settlement as contain Coal.

SCHEDULE.

1. It shall be lawful for the Superintendent for
   the time being of the Province of Auckland, from
   time to time, by private contract or otherwise as to
   him may seem fit, to agree with any person or
   persons for the lease of any land within the said
   Settlement containing coal, not being land laid out as
   a town or in suburban allotments: Provided that the
   land to be comprised in any such lease shall not
   exceed an area of two square miles, and that no such
   lease shall be for a term exceeding twenty-one years
   in the first instance.

2. Every such lease shall be executed by the
   Governor in the name of Her Majesty, and a rent or
   royalty shall be reserved therein at a rate of not less
   than sixpence for every ton of coal raised during the
   term of the lease on the land in the said lease com-
   prised, and shall contain clauses, to be framed to the
   satisfaction of the Governor, for the several pur-
   poses hereinafter mentioned; that is to say—
   (1.) For securing payment of the royalty or
   rent.
   (2.) For enabling the Governor, or some person
   authorized by him, from time to time to
   enter and view the demised premises, and
   every part thereof.
   (3.) For securing the regular, proper, and
   efficient winning and working of the coal
   and other minerals.
   (4.) For enabling the Governor, and all persons
   authorized by him, to have access in,
   through, and over the demised lands, and
   all mines and shafts to be driven or sunk
   therein, and to make roads, adits, and
   approaches through and over the same,
   without making any compensation, and
   to make use of any canal, railroad, or tram-
   way constructed or to be constructed by the
   lessee therein or thereupon, upon making
   reasonable compensation for the same.
   (5.) For securing the delivery and surrender of
   the demised lands at the expiration or other
   sooner determination of the term, with all
   improvements thereon in good and tenant-
   able repair, to Her Majesty, her heirs and
   successors.
   (6.) For determining and making void the lease,
   upon breach on the part of the lessee of
   any of the conditions, stipulations, or pro-
   visions therein contained or implied.

3. In every such lease there may be inserted a
   proviso for one renewal of the term originally
   granted, at the option of the lessee, for any further
   term not exceeding twenty-one years from the expi-
   ration of the first term, upon the same conditions as
   during the said first term, except as to the amount
   of rent; and such proviso shall contain clauses to be
   framed to the satisfaction of the Governor—
   (1.) For all the purposes mentioned in the second
   of these Regulations.
   (2.) For securing performance of all the condi-
   tions and covenants of the lease by the
   lessee before he shall be entitled to demand
   a renewal of his term.
   (3.) For increasing the rent and royalties re-
   served in the lease during the new term.
   FORSTER GORING,
   Clerk of the Executive Council.

G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this
seventh day of July, 1869.
Present:
HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by "The New Zealand Settlements
Amendment Act, 1864," it is enacted that in any
case in which, under "The New Zealand Settlements
Act, 1863," the Compensation Court shall have refused
to award compensation, or shall have awarded less
compensation than may have been claimed, or in any
other case, if the Governor in Council shall be of
opinion that the circumstances of the case would
render it expedient that compensation, or larger
compensation, should be awarded, it shall be lawful
for the Governor in Council to award and direct that
compensation, or increased compensation, shall be
paid to any person or persons who, in the judgment
of the Governor in Council, shall be reasonably
entitled thereto :

And whereas the Compensation Court hath awarded
unto one Thomas Power, of Rangiaohia, the sum of
one hundred and eighteen pounds thirteen shillings
and fourpence, as compensation for losses sustained
by the said Thomas Power: And whereas the
Governor in Council is of opinion that the circum-
stances of the case render it expedient that larger
compensation should be awarded to the said Thomas
Power:

Now, therefore, His Excellency the Governor, in
pursuance and exercise of the power and authority
in him vested for this purpose, doth hereby, with the
advice and consent of the Executive Council of the
Colony, award and direct that the sum of thirty-one
pounds six shillings and eightpence shall be paid to
the said Thomas Power, in addition to the above-
mentioned sum of one hundred and eighteen pounds
thirteen shillings and fourpence, awarded by the
Compensation Court as aforesaid; and that the said
sum of thirty-one pounds six shillings and eightpence