β¨ Lease Covenants and Delegation
THE NEW ZEALAND GAZETTE. 1011
the Governor or his delegate, and to such persons as
shall be authorized so to do in writing under the
hand of the Governor or his delegate, subject to
such conditions as the Governor or his delegate for
the time being may appoint.
Covenants.
The following covenants shall, where the lease is
made to two or more persons, be both joint and
several. The lessee, for himself, his heirs, executors,
administrators, and assigns (hereinafter referred to
and included in the term "the lessee"), covenants
with Her Majesty, her heirs, successors, and assigns
(hereinafter referred to and included in the term
"the lessor"), as follows:β
(c.) That the lessee will pay the rent hereby
reserved at the times and in the manner herein
specified, and all rates and taxes which may be
payable in respect of the demised property during
the continuance of this demise.
(d.) That the lessee shall not nor will, during the
continuance of this demise, assign, underlet, or part
with the possession of the demised premises, or any
part thereof, or of his or their right, title, or interest
therein or thereto, without the consent in writing of
the Governor or his delegate first had and obtained;
and such license or consent shall not extend or be
construed to extend to any future assignment or
underletting.
(e.) That the lessee will, before the expiration of
twelve calendar months from the commencement of
the term hereby granted, clear off timber and other
trees, if the demised land is timbered, or if the said
land is not timbered will, within the said period of
twelve months, cultivate in a good and husbandry-
like manner not less than one-eighth of the whole
area of the land hereby demised.
(f.) That the lessee will, before the expiration of
twelve calendar months from the commencement of
the term hereby granted, enclose with a substantial
fence, within the meaning of the law or ordinance
regulating fencing for the time being in force in the
district in which the said land hereby demised is
situated, at least one-fourth of the entire area of the
said land.
Powers and Provisoes.
(g.) That if the rent, dues, or duties hereby re-
served, or any part thereof, shall at any time be in
arrear and unpaid, it shall be lawful for the lessor,
or any person authorized in that behalf, to enter
upon the demised premises, and to distrain any goods
and chattels then found thereon for such rent, dues,
or duties so in arrear.
(h.) That if the rent, dues, or duties hereby re-
served, or any part thereof, shall be in arrear and
unpaid for the space of twenty-one days after any of
the days in which the same ought to be paid, although
not formally demanded, or if the lessee shall fail or
neglect to perform and keep all and every of the
covenants, conditions, or provisions and agreements
contained or implied herein by virtue of "The Mines
Act, 1877," or of any regulations made or to be made
thereunder, it shall be lawful for the lessor, or any
person appointed in that behalf, forthwith, or at any
time thereafter, to enter into and upon the demised
premises, and thereby determine this lease.
(i.) Provided always, and it is hereby expressly
agreed and declared between and by the parties
hereto, that if, at any time during the continuance
of the term hereby granted, any gold or other metal
or mineral shall be discovered on the demised land,
the lessor, or any person appointed or authorized in
that behalf, may, on giving seven days' notice to the
lessee of the intention so to do, either by delivering
the same personally to him or them, or by affixing
such notice on some part of the demised premises,
determine this demise, and re-enter and repossess
the demised premises as if this demise had not been
made; and the lessee shall be entitled to remove
within thirty days thereafter all buildings or other
improvements erected or made by him or them upon
the demised premises, but shall not be entitled to
any compensation by reason of the determination of
this demise or otherwise howsoever in respect
thereof.
Given under the hand of His Excellency the
Most Honorable George Augustus Con-
stantine, Marquis of Normanby, Earl
of Mulgrave, Viscount Normanby, and
Baron Mulgrave of Mulgrave, all in the
County of York, in the Peerage of the
United Kingdom; and Baron Mulgrave,
of New Ross, in the County of Wexford,
in the Peerage of Ireland; a Member of
Her Majesty's Most Honorable Privy
Council; Knight Grand Cross of the Most
Distinguished Order of Saint Michael and
Saint George; Governor and Commander-
in-Chief in and over Her Majesty's Colony
of New Zealand and its Dependencies,
and Vice-Admiral of the same; and issued
under the Seal of the said Colony, at the
Government House, at Wellington, this
twelfth day of July, in the year of our
Lord one thousand eight hundred and
seventy-eight.
J. MACANDREW.
GOD SAVE THE QUEEN!
Delegation of Powers under "The Mines Act, 1877."
(L.S.) NORMANBY, Governor.
WHEREAS by the one hundredth section of
"The Mines Act, 1877," the Governor is em-
powered to delegate to the Chairman of the County
Council of any county in any mining district all the
powers vested in the Governor by subsections four
and five of section fifty-one of that Act:
Now, therefore, I, George Augustus Constantine,
Marquis of Normanby, the Governor of the Colony of
New Zealand, do hereby, in exercise of the powers
vested in me by the said Act, delegate unto the
Chairman for the time being of the County Council
of Lake, all the powers vested in the Governor
by section fifty-one of "The Mines Act, 1877," of
making, altering, amending, and revoking rules and
regulations for the purposes contained in subsections
four and five of the said section fifty-one. And I do
hereby declare that the powers hereby delegated
shall be exercised and performed only within the
said County of Lake, excepting that portion of the
said county comprised within the boundaries of the
Cardrona Commonage, and by and with the consent
of the County Council of the said County of Lake.
Given under the hand of His Excellency the
Most Honorable George Augustus Con-
stantine, Marquis of Normanby, Earl of
Mulgrave, Viscount Normanby, and Baron
Mulgrave of Mulgrave, all in the County
of York, in the Peerage of the United
Kingdom; and Baron Mulgrave of New
Ross, in the County of Wexford, in the
Peerage of Ireland; a Member of Her
Majesty's Most Honorable Privy Coun-
cil; Knight Grand Cross of the Most
Distinguished Order of Saint Michael
and Saint George; Governor and Com-
mander-in-Chief in and over Her Majesty's
Colony of New Zealand and its Depen-
dencies, and Vice-Admiral of the same;
and issued under the Seal of the said
Colony, at the Government House, at
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πΎ
Covenants and Provisoes for Gold-Mining and Agricultural Leases
(continued from previous page)
πΎ Primary Industries & Resources12 July 1878
Lease covenants, rent, fencing, cultivation, lease determination, Mines Act 1877
- George Augustus Constantine, Marquis of Normanby, Governor and Commander-in-Chief
- J. Macandrew
πΎ Delegation of Powers under The Mines Act, 1877 to Lake County
πΎ Primary Industries & ResourcesMines Act 1877, Delegation, Lake County, Chairman, Regulations
- George Augustus Constantine, Marquis of Normanby, Governor and Commander-in-Chief
NZ Gazette 1878, No 69