628
THE NEW ZEALAND GAZETTE.
[No. 31

and to grant free entry to such lands for the
purposes of cleansing and repairing such races:
Provided that the lessee or occupier shall be
entitled to compensation from the person con-
structing any such race, and that for the purposes
of the construction of such races, and the settling
of the amount of such compensation, such lands
shall be held to be private lands within the mean-
ing of " The Mining Act, 1886."

70. Area withdrawn to be deducted.—When
    any land held under certificate or lease shall have
    been withdrawn for any of the before-mentioned
    purposes, the area so withdrawn shall be deducted
    from the acreage originally granted, and the rent
    thereafter payable under such certificate or lease
    shall be reduced in the same proportion as the
    deduction bears to the entire acreage.

71. Conditions of Entry to search for Gold.—
    The right of free entry upon any land held under
    certificate or lease as aforesaid, for the purpose
    of searching for gold or for any other metal or
    mineral, or for taking roads, is reserved to the
    Governor, and to such persons as shall be author-
    ized so to do in writing under the hand of the
    Governor, subject to such conditions as the Go-
    vernor for the time being may appoint; and every
    certificate or lease shall be subject to a condition
    that such certificate or lease may be determined
    when any gold or other metal or mineral shall be
    discovered on the land.

72. Application to enter to search for Gold.—
    Any holder of a miner's right desiring to enter,
    for the purpose of searching for gold, upon any
    land held under certificate or agricultural lease,
    shall apply to the Warden in the form in Schedule
    16 hereto, and shall serve upon the occupant or
    lessee of the land a duplicate copy of such notice.

73. Application to be heard.—On the receipt of
    any such application to enter to search for gold,
    the Warden shall appoint a day and place for
    hearing the same, and on the day appointed shall
    proceed to hear the application and any objection
    thereto that may be made by the lessee or occu-
    pier, or on his behalf, and shall report to the
    Governor, who may thereupon grant or refuse
    such application.

74. Deposit.—In every case in which permis-
    sion shall be granted to any holder of a miner's
    right to enter upon any such land for the purpose
    of searching for gold, he shall deposit with the
    Receiver of Gold Revenue for the district such
    sum of money as the Warden may consider
    sufficient as security for the due performance
    of any conditions of such permission; and it
    shall be lawful for the Warden, in case of
    failure to comply with such conditions, or any of
    them, to order payment of the whole or any part
    of such money to the lessee or occupier of the
    land, or to make such other order in relation to
    the same as to him shall seem just; and the deci-
    sion of the Warden shall be final and conclusive
    as regards all parties concerned.

Exceptions to Agricultural Leases.

75. The exceptions next hereinafter appearing
    shall be made from all agricultural leases granted
    under " The Mining Act, 1886." And the cove-
    nants, clauses, provisoes, conditions, and agree-
    ments next hereinafter appearing shall be applic-
    able to all such leases, that is to say,—

(A.) Right of Ingress and Egress.—Her Majesty
the Queen reserves to the Governor of New Zea-
land and his delegates, and to his and their officers
and servants, the right of ingress, egress, and
regress to, from, and across the land hereby
demised and the mines thereon or thereunder,
and of granting to any person or persons or to
the public such right of ingress, egress, and re-
gress, and of granting to any holder of a miner's
right the privilege of entering on such land for
the purpose of cutting water-races or tail-races,
flood-races, storm-channels, sludge-channels, tun-
nels, and tramways for mining purposes, and
of leading head-water or tail-water through the
same: Provided always that all such opera-
tions shall be sanctioned by the Warden, and due
compensation given to the said lessee or lessees,
his or their heirs, executors, administrators, and
assigns. When any land has a frontage on any
stream of water, the lessee shall have no claim
or right of action against the Crown or any
person whomsoever for damage caused by the
fouling, pollution, or diversion of the waters of
such stream by any tenants or licensees of the
Crown, or of any public authority, in the prosecu-
tion of gold-mining.

(B.) Rent in arrear, to distrain Machinery, Tools, &c.—If the rents, dues, or duties reserved
in this lease 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 and may be lawful for the said lessor, or any
person duly authorized in that behalf, to enter
upon the premises hereby demised, and to distrain
the machinery, tools, buildings, or other property
of the said lessee or lessees for the time being in,
under, or upon any part of the premises hereby
demised, for or in respect of any such rent, dues,
or duties which ought to have been paid to the
lessor or any person duly authorized to receive
the same.

(C.) On Breach of Covenants, Lessor to re-enter and determine Lease.—Provided lastly, and it is
hereby declared and agreed by and between the
said parties hereto, that in case the said lessee or
lessees, his or their executors, administrators, or
assigns, shall fail or neglect to perform and keep
all and every of the covenants, conditions, or pro-
visions and agreements hereinbefore contained
and implied by virtue of " The Mining Act, 1886,"