Dec. 21.] THE NEW ZEALAND GAZETTE. 1953

the purpose of enabling them to cut and remove timber
(except kauri or reserved trees) for fencing and for their
own domestic use, or for props, caps, laths, sluice-boxes,
or paving-blocks for sluice-boxes, to be used in connection
with claims held by them personally or conjointly with
others, or in which they are working as wages-men; also to
prospect for gold, and to mark out and take up claims, and
to take levels for and mark out the proposed course and
position of races, dams, tunnels, and tramways for mining
purposes; and the Warden may on application grant any
such claim, race, or mining privilege without any compensation to the lessee, subject, however, that, if the land or any
portion thereof is cultivated or otherwise improved, such cultivated or improved land shall not, unless by consent of the
lessee, be interfered with or taken possession of for mining
purposes until after three months' notice to the lessee, who
shall be entitled to compensation for any buildings or other
substantial improvements that he may have on the land, and
if the land be in crop he shall be allowed a reasonable time
to save and remove the crop.

15. In case any portion of any land occupied under any
    such lease shall be taken for mining purposes, the lessee
    shall be entitled to a reduction of rent in proportion to the
    acreage so taken, or to apply for an equal area of adjacent
    Crown land, subject to objection as in case of an original
    application.

16. The lessee shall be required to reside upon and occupy
    the whole of the land held under his lease.

17. If it be shown to the satisfaction of the Warden that
    the ground occupied under any lease or any portion thereof
    contains a payable deposit of gold, then any miner may
    lodge an application at the nearest Warden's Office for leave
    to mine upon or under the ground thus occupied. The
    applicant shall serve the lessee with a true copy of such
    application, and such application and any objections that
    may be made thereto shall be heard by the Warden in accordance with the provisions of the mining regulations. And
    upon proof of the service of the copy of application upon the
    lessee, and upon hearing such application and objections
    (if any), the Warden may refuse to grant the application, or
    may grant the same upon the applicant depositing in Court
    such amount as, in addition to the amount standing at the
    credit of the Mining Districts Land Occupation Account,
    the Warden may consider sufficient to repay the lessee the
    compensation provided for in section 9 of the said Act for the
    loss of or damage that may be done to the dwelling-house,
    buildings, orchard, or garden, or other improvements made
    under the lease, as the result of such grant.

18. The provisions of sections 81, 82, 83, 84, 85 as amended,
    and 86, 87, 88, 89, 90, of "The Land Act, 1892," shall apply
    to all leases granted under these regulations.

FIRST SCHEDULE.

FORM OF APPLICATION AND DECLARATION.

[Crown Lands Form No.

New Zealand.

Application for an Occupation Lease under "The Mining
Districts Land Occupation Act, 1894."

To the Commissioner of Crown Lands,

I HEREBY apply for an occupation lease of
acres roods perches of land, particulars of
which are hereunder given.

Signature in full:

Residence:

Occupation:

Date: , 189

Survey District.

Block Section.

Area.

Rent per Acre.

Remarks.

(If the land is unsurveyed, insert
brief description instead of
Section No., &c.,
and draw a
sketch on the
back, or attach
a tracing.)

Capital
Value
per Acre.

Amount
deposited
(Half-
year's
Rent and
21s.)

A. R. P.

£ s. d. £ s. d.

Declaration on applying for an Occupation Lease under
"The Mining Districts Land Occupation Act, 1894."

I, , of , do solemnly and sincerely declare—

1. That I am of the age of seventeen years and upwards.

2. That I am the person who, subject to the provisions of
   "The Mining Districts Land Occupation Act, 1894," am
   desirous of acquiring a lease of acres, as stated in
   the foregoing application.

3. That I am acquiring such lease solely for my own use
   or benefit, and not directly or indirectly for the use or benefit
   of any other person or persons whomsoever.

4. That, including the lands now applied for, I am not the
   owner, tenant, or occupier, directly or indirectly, either by
   myself or jointly with any other person or persons, of any
   lands anywhere in the colony exceeding in the whole 100
   acres.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an Act of the
General Assembly of New Zealand intituled "The Justices
of the Peace Act, 1882."

Signature:

Declared at , this day of , 189 ,
before me,

A Justice of the Peace in and for the
Colony of New Zealand.

Received on , 189 , at

Commissioner of Crown Lands
[or District Land Officer].

SECOND SCHEDULE.

FORM OF OCCUPATION LEASE.

Crown Lands Form No. . Register-book, Vol. ,
fol. . Application No. .

New Zealand.

Land District.

Occupation Lease under "The Mining Districts Land
Occupation Act, 1894."

No.

THIS DEED, made the day of , 189 , between
Her Majesty the Queen (who with her heirs and successors
is hereinafter termed "the lessor"), of the one part, and
of , in the Land District of , in the
Colony of New Zealand, (hereinafter, with
executors, administrators, and permitted assigns, referred to
as and included in the term "the lessee"), of the other
part, Witnesseth that, in consideration of the rent hereinafter
reserved, and of the covenants, conditions, and agreements
herein contained and implied, and on the part of the lessee
to be paid, observed, and performed, the lessor doth hereby
demise and lease unto the lessee all that piece or parcel of
land, containing by admeasurement acres
roods and perches, a little more or less, situated in
the Land District of , and being section numbered
, Block , Survey District of , as the
same is more particularly delineated and described in the
plan drawn hereon, and therein coloured red in outline;
together with the rights, easements, and appurtenances to
the same belonging: To hold the said several premises
intended to be hereby demised unto the lessee for the term
of twenty-one years, commencing from the 1st day of
next; yielding and paying therefor unto the
Receiver of Land Revenue for the said District of
the annual rent of (£ : : ), payable
half-yearly in advance on the 1st day of January and 1st
day of July in each and every year during the said term,
free from all deductions whatsoever.

And it is hereby declared and agreed that these presents
are intended to take effect as an occupation lease under
"The Mining Districts Land Occupation Act, 1894," and the
regulations now in force thereunder; and the provisions
of that statute and of "The Land Act, 1892," so far as
the same apply to the term, estate, or interest hereby
granted or created, and to the relations between the lessor
and lessee from time to time, shall be binding in all respects upon the parties hereto in the same manner as if such
provisions had been fully set out herein: And it is hereby
further declared that if any dispute or disagreement shall
arise between the parties hereto touching the construction of
these presents, or in anywise relating hereto, such dispute or
disagreement shall be referred to arbitration in the manner
set forth in section 79 of "The Land Act, 1892"; and
neither of the said parties shall take or cause to be taken
any steps or proceedings to set aside or call in question any
award or decision which may have been given upon any
such reference as final.

In witness whereof the Commissioner of Crown Lands for
the Land District of , on behalf of the lessor, hath
hereunto set his hand, and these presents have been also
executed by the said lessee.

Signed by the said Commissioner,
on behalf of the said lessor, in
the presence of

Signed by the above-named
, as lessee, in the presence
of

As witness the hand of His Excellency the Governor,
this nineteenth day of December, one thousand
eight hundred and ninety-four.

JOHN MCKENZIE,
Minister of Lands.