Dec. 29.] THE NEW ZEALAND GAZETTE. 1453

land held under certificate or agricultural lease issued as aforesaid, 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.

78. 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 occupier, or on his behalf, and shall report to the Governor, who may thereupon grant or refuse such application.

79. Deposit.—In every case in which permission 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 decision of the Warden shall be final and conclusive as regards all parties concerned.

EXCEPTIONS TO AGRICULTURAL LEASES.

80. The exceptions next hereinafter appearing shall be made from all agricultural leases granted under “The Mining Act, 1891.” And the covenants, clauses, provisoes, conditions, and agreements next hereinafter appearing shall be applicable to all such leases, that is to say,—

(a.) Right of Ingress and Egress.—Her Majesty the Queen reserves to the Governor of New Zealand 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 regress, 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, tunnels, and tramways for mining purposes, and of 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 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 prosecution 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 thirty 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 authorised in that behalf, to sue and recover any arrears of rent from the lessee and to enter upon the premises hereby demised, and to distrain the farming implement, sstock, sheep,

cattle, agricultural produce, 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 authorised 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 for the space of sixty days fail or neglect to perform and keep all and every of the covenants, conditions, or provisions and agreements hereinbefore contained and implied by virtue of “The Mining Act, 1891,” or of any regulations made under the authority of the said Act which are in force at the time of the execution hereof, it shall and may be lawful for the said lessor, or any person duly appointed in that behalf, forthwith or at any time or times thereafter to enter into and upon the land and premises hereby demised, and thereby determine this lease, and that without releasing the said lessee, his executors, administrators, or assigns, from his or their liability in respect of any rent then due, or for or in respect of any preceding breach of covenant.

OCCUPATION LICENSES.—SMALL AREAS.

81. (a.) Every person desirous of obtaining an “occupation license,” to occupy, for agricultural, horticultural, or dairy purposes, any reserve or portion of any reserve set apart for mining purposes, or any other Crown land within any mining district not exceeding 100 acres, shall make application to the Warden in the form of Schedule 34 to these regulations, or to the like effect.

(b.) Every application for a section or sections of surveyed land shall state the numbers of section and block.

(c.) Every application for other than a whole section or whole sections of surveyed land shall state the estimated area, and shall contain a short description of the land applied for, with approximate measurements of boundary-lines, and be accompanied by a tracing or sketch from a survey map sufficient to identify the particular area applied for.

(d.) Every application for unsurveyed land shall contain a written description of the land, with approximate measurements of boundary-lines and estimated area, and the boundaries shall, so far as practicable, be straight lines, roads, existing survey lines, or natural boundaries.

(e.) All land applied for other than whole sections shall be marked out by erecting at each angle a post not less than 3in. in diameter and standing not less than 3ft. above the surface of the ground, and by L trenches not less than 6in. deep, 10in. wide, and 5ft. long.

(f.) A copy of every application shall be posted at each corner of the land applied for, and maintained by the applicant, for at least fourteen days before the hearing.

(g.) Every application shall be advertised by and at the expense of the applicant twice in such one newspaper, or once each in such two newspapers, as the Warden may direct, and copies of such newspaper or newspapers shall be produced by the applicant at the hearing.