622
THE NEW ZEALAND GAZETTE.
[No. 31

whether the land included in such license or special claim shall be forfeited or not.

EXCEPTIONS TO LICENSED HOLDINGS AND SPECIAL CLAIMS.

24. The exceptions next hereinafter appearing shall be made from all licensed holdings special claims and also mineral licenses granted under “The Mining Act, 1886,” and the covenants, clauses, provisoes, conditions, and agreements next hereinafter appearing shall be applicable to and shall be implied in all such licenses or special claims, that is to say,—

(a.) Right of Ingress and Egress.—Her Majesty reserves to her Government of New Zealand, and all officers and servants thereof, the right of ingress, egress, and regress to, from, and across the land hereby held as a licensed holding or special claim, 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 constructing tunnels, shafts, water-races, tail-races, storm-channels, sludge-channels, tramways, or flood-races over, under, or through the said land, provided that the mining operations of the licensee or special claim-holder are not injuriously affected thereby: Also, 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 licensee or licensees, special claimholder or holders, his or their heirs, executors, administrators, and assigns for any injury or damage sustained thereby.

(b.) Rent in Arrear, to distrain Machinery, Tools, &c.—Provided also that if the rents, payments, dues, or duties reserved in or payable under this license or special claim grant, 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 be lawful for the said licensor, grantor, or any person duly authorized in that behalf, to enter upon the premises hereby held as a licensed holding or special claim, and to distrain the machinery, tools, buildings, or other property of the said licensee or special claimholder, for the time being in, under, or upon any part of the premises hereby held as a licensed holding or special claim, for or in respect of any such rent, dues, or duties which ought to have been paid to the licensor or any person duly authorized to receive the same, and should such default continue for the space of sixty days, then to determine the interest of the licensee, or special claimholder in the premises so held as aforesaid, and that without releasing such licensee or special claimholder, his executors, administrators, or assigns, from his or their liability in respect of any rent, payments, or duties then due.

(c.) Plan or Section of Mine.—Provided also that they, the said licensee or licensees, special claimholder or special claimholders, his or their executors, administrators, or assigns, will and shall at all times during the continuance of his or their license or special claim grant if required so to do by the said licensor grantor 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 held under license or special claim.

(d.) Number of Men to be Employed.—Provided also that he or they, the said licensee or licensees, special claimholder or holders, his or their executors, administrators, or assigns, will and shall at all times during the continuance of the license or special claim grant, employ in or about the mines and premises hereby held as a licensed holding or special claim, a number of men being in the proportion of not less than one man to every full area of two acres of the lands hereby held, or the number of men mentioned in such license or special claim grant.

(e.) To furnish Returns, &c.—Provided also that he or they, the said licensee or licensees, special claimholder or holders, his or their executors, administrators, or assigns, shall and will at all times during the continuance of the licensed holding or special claim, furnish true and accurate half-yearly returns in the form in Schedule 3 hereto, 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 held as a licensed holding or special claim, and shall from time to time, whenever so required by the Warden, Surveyor, Inspector, 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.

25. In any case in which an application shall have been made in pursuance of these regulations for a license to occupy land, in any part of which any person other than the applicant or applicants may be entitled under any license to cut, construct, or use any race or dam, or to enjoy any other easement for mining or other purposes, the Warden may, if he shall think fit, authorize the issue of a license of such land, subject to all existing rights in, to, or to the use of such race, dam, or other easement, and impose such terms as the said Warden may think fit, in order to secure the enjoyment of the same, or to secure compensation for any injury or inconvenience likely to arise to such person by reason of the issue of such license: Provided always that the Warden may, if he shall think fit, authorize the construction in or upon any land comprised in any license