1452
THE NEW ZEALAND GAZETTE.
[No. 97

67. Governor’s Power to refuse Lease reserved.—On issuing any certificate the Warden shall forthwith forward to the Governor a duplicate of such certificate, and, notwithstanding the issue of the same, it shall be lawful for the Governor within sixty days from the date thereof to refuse to grant to the applicant a lease of the land referred to in such certificate; and immediately upon such refusal being communicated to the applicant, either personally or by letter addressed to him by the Warden at his usual or last known place of business or abode, the certificate and all rights purported to be conferred thereby shall become and be absolutely void, and the applicant shall forthwith quit and deliver up possession of the said land, and failing his so doing he may be proceeded against as a trespasser on Crown lands.

68. Certificate to be exchanged for Lease.—Whenever a lease of any lands for which a certificate shall have been granted as aforesaid shall be executed on behalf of Her Majesty, the same shall be forwarded to the Warden, who shall thereupon give notice in writing, in the form of Schedule 14 hereto, to the holder of the certificate, directing him to attend at the Warden’s office. within thirty days of the date of service of such notice, and execute such lease. Such notice may be served either personally or by registered letter posted to applicant’s place of abode or last known place of residence: And if such person shall without reasonable cause refuse or neglect to comply with such notice, or to pay the rent (if in arrear) as hereinafter provided, he shall be deemed to have relinquished his claim to the land comprised in such lease, and the certificate for the same shall thenceforth be void; and the Warden shall report the circumstance of such refusal or neglect to the Governor, who may thereupon, by notice in the New Zealand Gazette and in one newspaper circulating in the district, declare such land to be open for application and occupation by any other person.

69. Rent.—Rent at a rate not exceeding 2s. per acre per annum shall be payable half-yearly in advance during the term; and at the time of the execution of the lease rent shall be paid up to the first day of January or the first day of July next following the date of such execution, together also with the six months’ rent payable subsequently to such first day of January or first day of July, as the case may be, and thereafter the rent shall be payable by equal half-yearly payments in advance, on the first day of January and the first day of July in every year; and for the purpose of computing rent every fractional part of an acre shall be considered as an acre, and charged for accordingly.

70. Sale and Assignment.—No sale or assignment, other than a sale or assignment by act or operation of law, of any agricultural lease, or of the right, title, or interest therein or thereto, shall be valid or effectual either at law or in equity if made without the license in writing of the Governor; and no license to assign will be granted unless and until the lease shall have been executed by the applicant as hereinbefore required, and all arrears of rent shall have been paid, and it shall be certified by the Warden that the conditions hereinafter contained regarding improvements have been fulfilled: Provided that, in case the transfer or assignment is from the lessees, or one of them, as partners or partner to a married woman, the Registrar, before registering such transfer or assignment, shall cause the transferee to produce the authority required under section 26 of “The Married Women’s Property Act, 1884.”

71. Registration of Assignment.—Every assignment of any agricultural lease or interest therein shall be registered at the Warden’s office, and on every such registration a fee of 1s. will be charged; but it shall not be necessary that such assignment shall be by deed.

72. Conditions of Occupation.—Every certificate and lease shall be subject to the conditions following, that is to say: (1) That no sale or assignment shall be made without license; (2) that not less than one-twentieth of the whole area shall be cultivated within twelve months, not less than one-tenth of the whole area cultivated within two years, and not less than one-fifth of the whole area cultivated within four years after the commencement of the term; and within six years from the date of the lease there shall be substantial improvements of a permanent character on the land to the value of £1 for every acre of land as defined in any Land Act that may be in force at the time.

73. Land may be taken for Roads.—Such public road or roads may be taken through or over any portion of the land comprised in any certificate or agricultural lease granted as aforesaid, as public convenience may require, upon payment to the occupier of compensation for any improvements that may have been made on the land actually taken.

74. Construction of Water-races.—It shall be lawful for the Warden to authorise the construction and use of water-races, flood-races, storm-channels, sludge-channels, tail-races, tunnels, and tramways through and over any lands held under certificate or agricultural lease granted under this Part of these regulations, and to grant free entry on 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 constructing 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 meaning of “The Mining Act, 1891.”

75. 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.

76. 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 authorised so to do in writing under his hand, subject to such conditions as the Governor 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.

77. 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