1388

THE NEW ZEALAND GAZETTE.

[No. 71

marked S.O. 2455/10, deposited in the office of the Chief
Surveyor, Wellington.

Date of Governor's warrant, 25th May, 1886.

Given under the hand of His Excellency Sir William
Francis Drummond Jervois, Lieutenant-General
in Her Majesty's Army, Knight Grand Cross of the
Most Distinguished Order of Saint Michael and
Saint George, Companion of the Most Honourable
Order of the Bath, 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 Wel-
ington, this twenty-second day of October, in the
year of our Lord one thousand eight hundred and
eighty-seven.

G. F. RICHARDSON.

GOD SAVE THE QUEEN!

Regulations under "The Mining Act, 1886," for Prospecting
Licenses and Prospectors' Mining Leases granted outside
Mining Districts.

(L.S.) Wm. F. DRUMMOND JERVOIS,
Governor.

A PROCLAMATION.

IN exercise and pursuance of the powers and authorities
conferred upon me by sections one hundred and thirty-
one and one hundred and thirty-two of "The Mining Act,
1886," and of all other powers enabling me in this behalf,
I, William Francis Drummond Jervois, the Governor of the
Colony of New Zealand, do hereby make the regulations set
forth in the Schedule hereto for the granting of prospect-
ing licenses in respect of Crown lands outside a mining
district, and prescribing the form, time, and manner of
making applications for leases of such lands, and the form of
such leases respectively.

SCHEDULE.

REGULATIONS.

1. EVERY person desirous of obtaining a prospecting license
   to search and prospect for gold, silver, or any metal or
   mineral upon any Crown lands outside mining districts
   shall apply for such license to the Governor, by delivering to
   the Commissioner of Crown Lands of the district in which
   the land is situated an application containing the name of
   the locality, with boundaries within which he desires to
   prospect.

2. The fee (payable on application) for every prospecting
   license shall be £1.

3. The license shall be for any term not exceeding twelve
   months, and shall be in the form set forth in the First Sche-
   dule hereto.

4. Any holder of a prospecting license, who shall be the
   bonâ fide discoverer of any gold, silver, or metal or mineral
   on Crown land not being within a mining district, and who
   shall be desirous of obtaining a lease (hereinafter termed
   "a prospector's mining lease") of the said land, shall make
   application in writing to the Governor, by delivering such
   writing to the Commissioner of Crown Lands of the district
   in which such land is situated.

5. Previous to doing so the applicant shall mark the
   boundaries of the said land as hereinafter prescribed.

6. Boundaries of Land applied for to be defined.—Persons
   intending to apply for a prospector's mining lease shall, pre-
   vious to making application as hereinafter directed, erect or
   cause to be erected at each angle of the land proposed to be
   licensed a post not less than 3in. in diameter, and standing
   at least 2ft. in height above the surface of the ground, or,
   where that is not practicable, a cairn of stones not less than
   2ft. in height shall be erected at each corner of the land,
   and trenches not less than 6in. in depth by 10in. in width,
   shall be cut for a distance of 5ft. on either side of such cairns,
   stacks, or posts, in the direction of the boundaries of the land
   proposed to be applied for; and, if in bush, one end-line
   shall be cleared and the trees blazed on such line from peg
   to peg. And all such posts and lines shall be maintained
   free from rubbish and clear during the whole of the time the
   land shall be held under lease as herein provided, so as to be
   readily observed; and such posts, cairns, and trenches shall
   be maintained at the expense of the applicant until the
   application shall have been granted or refused.

7. Mode of Application.—Every application for a pros-
   pector's mining lease shall be made in triplicate, in the
   form in the First Schedule hereto, to the Commissioner of
   Crown Lands of the district within which the land so applied
   for is situated, and shall be lodged in the office of such Com-
   missioner by the applicant in person or his agent.

8. Costs of Survey to be paid by the Applicant.—The appli-
   cant, on making his application for a prospector's mining
   lease, shall deposit with the Receiver of Land Revenue for
   the district within which the land applied for is situate the
   sum of £20 to cover the cost of survey and any other ex-
   penses that may be incurred by or on behalf of the Crown in
   connection with such application. Any portion of such sum
   which shall remain after defraying such costs and expenses
   shall be returned to the applicant; but, if the applicant shall
   neglect or refuse to execute or take delivery of the lease for
   a period of fourteen days after notice shall have been given
   to him that the lease is ready for execution, then the whole
   sum remaining in the hands of the said Receiver shall be
   forfeited.

9. Withdrawal of Application.—Any applicant for a pros-
   spector's mining lease may withdraw his application by giving
   notice in writing to that effect to the Commissioner of Crown
   Lands; and, should any such application be so withdrawn
   before any expense of survey has been incurred, the appli-
   cant shall be entitled to receive back one-half of any money
   he may have paid as survey-fees, and also his deposit, after
   deducting any expenses incurred.

10. Priority of Application.—In the event of more than one
    application being made for the same land, or any part
    thereof, the Commissioner of Crown Lands shall determine
    which of the applicants has the prior right, and in so doing
    shall be guided by priority of occupation; provided that it
    shall be shown that the prior occupant has used reasonable
    diligence in lodging his application.

11. Protection during Application.—All lands for which
    application shall have been made in the manner aforesaid
    shall be exempt from occupation from the date of such
    application until the same shall have been granted or
    refused.

12. Survey, and Report to Commissioner.—Upon receipt of
    any application the Commissioner of Crown Lands shall for-
    ward a copy of the same to the Chief Surveyor of the provin-
    cial district, who shall make or cause to be made a survey
    and furnish a plan of the ground to the Commissioner of Crown
    Lands, with a report as to the area, boundaries, description,
    and character of the ground, and as to the likelihood of any
    river, creek, or permanent water, spring, or artificial reser-
    voir 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 the miners
    of the district generally for gold-mining purposes, 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 the surveyor shall also
    furnish to the Commissioner of Crown Lands a plan of such
    land, 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.

Exceptions to Prospectors' Mining Leases outside Mining
Districts.

13. The exceptions next hereinafter appearing shall be
    made from all prospectors' mining leases outside mining
    districts 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 leases, that is to say,—

(a.) Right of Ingress and Egress.—Her Majesty reserves to
her Government of New Zealand, and all officers and ser-
vants thereof, the right of ingress, egress, and regress to, from,
and across the land hereby held as a prospector's mining
lease, 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 person
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 lessee are not injuriously affected thereby;
also the right to lead head-water or tail-water through the
same: Provided always that all such operations shall be
sanctioned by the Commissioner of Crown Lands, and due
compensation given to the said lessee or lessees, his or their
heirs, executors, administrators, and assigns, for any injury
or damage sustained thereby.

(b.) Will at all times during the continuance of the lease
permit the Commissioner of Crown Lands, or any person
authorised by him in writing, to inspect the mine or mines
on the said premises, and to take plans and drawings of the
same, if required.

(c.) Rent in Arrear, to distrain Machinery, Tools, &c.—
Provided also that, if the rents, payments, dues, or duties
reserved in or payable under 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
be lawful for the said lessor, or any person duly authorised
in that behalf, to enter upon the premises hereby held as a
mining lease, and to distrain the machinery, tools, buildings,
or other property of the said lessee for the time being in,
under, or upon any part of the premises hereby held as a
prospector's mining lease for or in respect of any such rent,