784
THE NEW ZEALAND GAZETTE.
[No. 42

Area :
Tenure :
Length of occupation :
Improvements :

(Signature.)

The above application will be considered on day,
, 18 .
A.B., Warden.

FORM OF LEASE.

THIS deed, made the day of , one thousand
eight hundred and , in pursuance of "The Mining
Act Amendment Act, 1892," between His Excellency
, Governor and Commander-in-Chief in and
over Her Majesty's Colony of New Zealand and its De-
pendencies, and Vice-Admiral of the same (hereinafter called
"the said lessor"), of the one part, and (herein-
after called "the said lessee "), of the other part, wit-
nesseth that the said lessor doth hereby demise and lease
unto the said lessee , executors, administrators,
and assigns, all that piece or parcel of land situate in the
Township of , in the County of Westland, containing
, and being Section No. on the map of the
Township of aforesaid, in the Land Survey Office at
Hokitika, in the said county, and as the same is more par-
ticularly delineated in the plan drawn in the margin of
these presents, and therein coloured . To hold the
same unto the said , executors, administra-
tors, and assigns, for the term of years from the
day of . Yielding and paying unto Her Majesty the
Queen, her successors and assigns, the rent or sum of
on the day of in each and every year during
the said term, such rent to be paid from time to time in ad-
vance: Provided always, and it is hereby expressly declared
and agreed, that these presents shall be construed and taken
to be a demise of the surface of the said land only, and shall
not entitle the said lessee , executors, adminis-
trators, or assigns, to mine for gold, or to extract, dig, or
search for any other metals or minerals therein or thereon,
nor to break the surface of the said land. [Provided fur-
ther, and it is hereby further expressly declared and agreed,
that the said lessee , executors, administrators, and
assigns, shall have no claim for compensation either against
the said lessor, Her Majesty the Queen, or any other person
or persons or body or bodies corporate whomsoever or what-
soever, for or on account of any loss which the said lessee
, executors, administrators, or assigns, may sustain for
and on account of any damage which may be caused or arise
from mining operations carried on below the surface of the
said land hereby demised or the lands adjoining thereto.]
And the said lessee , for executors, administrators,
and assigns, doth hereby covenant, promise, and agree with
and to the said lessor, his successors and assigns, that
the said lessee , executors, administrators, or assigns,
shall and will from time to time well and truly pay the said
rent as hereinbefore appointed. And also that , the
said lessee , executors, administrators, or assigns,
shall not nor will part with, assign, or underlet the said land
hereinbefore demised without the consent in writing of the
said lessor, his successors or assigns, or of some person duly
authorised to give such consent on behalf of the said lessor,
for that purpose first had and obtained. And also that the
said lessee , executors, administrators, and as-
signs, shall not nor will mine for gold on the said land hereby
demised, or extract, dig, or search for any metal or mineral
therein or thereon, and shall not break the surface of the
said land. [And also that , the said lessee ,
executors, administrators, or assigns, shall not at any time
commence or prosecute any action or suit or take any pro-
ceedings against any person or persons or body or bodies
corporate whomsoever or whatsoever to obtain or recover
any compensation or damages for any loss or injury which
may arise or be caused by, through, from, or on account of
any mining operation or operations which may be carried on
below the surface of the said land hereby demised or the
lands adjoining thereto.] Provided, lastly, that, if the said
rent hereinbefore reserved shall be in arrear and unpaid for
the space of twenty-one days next after any of the days or
times when the same ought to be paid in advance as aforesaid,
although no formal demand shall have been made thereof, or if
the said lessee , executors, administrators, or assigns,
shall for six months continuously abandon or desert the said
land, or if the said lessee , executors, adminis-
trators, or assigns, shall neglect or fail to observe, fulfil, and
keep all or any of the covenants herein contained or implied,
then, in any or either of such cases, it shall be lawful for the
said lessor, his successors or assigns, or any person or per-
sons thereunto duly authorised, for and on behalf of Her
Majesty the Queen, into and upon the said demised land to
re-enter, and therefrom and thereout the said lessee ,
executors, administrators, or assigns, and all per-
sons claiming through or under , to eject, evict;

*Ross only.

and thereupon this present demise shall be absolutely for-
feited and determined, but without releasing the said
lessee , executors, administrators, or assigns, from
the payment of all or any arrears of rent, or from any action
or suit for or on account of any preceding breach of contract.
In witness whereof the said lessor, by and with the advice
and consent of the Executive Council of the said colony, and
the said lessee have hereunto set their hands the day and
year firstly hereinbefore written.

(Lessor.)
(Lessee.)

Signed by the within-named lessor
in the presence of—A.B.
Signed by the within-named lessee
in the presence of—C.D.

ALEX. WILLIS,
Clerk of the Executive Council.

Native Land proposed to be taken for Construction of
Beacons and Leading-lights near Gisborne.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government Buildings, at Wellington, this
eighteenth day of April, 1893.

Present :
The Honourable W. P. Reeves presiding in Council.
WHEREAS the land mentioned in the Schedule hereto
is required to be taken for a public work authorised
to be constructed by the Government, to wit, the construc-
tion of beacons on which leading-lights for the Port of Gis-
borne are to be erected :
And whereas the said land is held or occupied by Native
owners under a title which is not derived from the Crown :
Now, therefore, in pursuance and exercise of the powers
vested in him by "The Public Works Act, 1882," and the
thirteenth section of "The Public Works Acts Amendment
Act, 1887," and of all other powers in anywise enabling him
in this behalf, His Excellency the Governor of the Colony of
New Zealand, by and with the advice and consent of the
Executive Council of the said colony, doth hereby order that
the public work above mentioned shall be constructed on the
land described in general terms in the Schedule hereto.

SCHEDULE.

BEACON-SITE AT POVERTY BAY.

ALL that area in the Hawke's Bay Land District, situated in
Block VII., Turanganui Survey District, containing by
admeasurement 3 roods 1 perch, more or less, being a strip
of land 50 links wide, the centre-line of which commences at
a point in Wai-o-hi-harore No. 1 Block distant 9691 links
north and 5541 links west of Trig. Station No. 108 (Kaiti);
and proceeds on a bearing of S. 19° 6' 35" E., over two
beacon-pegs, to the high-water mark of Poverty Bay, the
above strip of land being intersected by a public road 1 chain
wide: as the same is more particularly delineated on the
plan marked S.G. 18212, deposited in the Head Office, Depart-
ment of Lands and Survey, at Wellington, in the Land Dis-
trict of Wellington, and thereon coloured green.

ALEX. WILLIS,
Clerk of the Executive Council.

Removal of Restrictions on Alienation of Native Land.

GLASGOW, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, this twenty-third
day of May, 1893.

Present :
His Excellency the Governor in Council.
WHEREAS application has been made to the Governor
in Council by Mere Hakaraia Kiharoa, the Native
owner of the land described in the second column of
the Schedule hereto, praying that the restrictions on the
alienation of such land contained in the Crown grant
bearing date the fourth day of December, one thousand eight
hundred and sixty-eight, described in the first column of
the said Schedule, may be removed: And whereas inquiry
has been duly made by the Native Land Court, and the
said Court has reported that the provisions of the law in
that behalf have been complied with: And whereas it
appears expedient to grant such application :
Now, therefore, His Excellency the Governor of the Colony
of New Zealand, in pursuance and exercise of the powers
conferred on him by "The Native Land Act, 1888," and
acting with the advice and consent of the Executive Council