1162
THE NEW ZEALAND GAZETTE.
[No. 52

in perpetuity under the provisions of “The Land Act, 1892” (hereinafter referred to as “the said Act”).
2. The day on which the lands shall be open for selection shall be Wednesday, the 10th day of July, 1901.
3. The rentals stated above shall be the prices at which the lands shall be open for selection.
4. Applications for leases shall be made in manner as provided in Part I. of the said Act, and all such applications shall be made to the Commissioner of Crown Lands, Wellington; and leases will be issued in accordance with the provisions of Part I. aforesaid.
5. Each applicant shall state his or her residence, occupation, and condition in life (namely, whether married or single), and will be required to make the declaration prescribed in Schedule C of the said Act.
6. Each applicant shall pay the first half-year’s rent, together with the lease- and registration-fee, and the valuation of the improvements, immediately the application has been approved or declared successful at the ballot.
7. All rents must be paid half-yearly in advance, on the 1st days of January and July in each year, as provided in section 157 of the said Act; and the first half-year’s rent is payable as before provided.
8. No lessee shall hold more than one allotment, and such allotment shall be held for his or her sole use and benefit, and not for the use or benefit of any other person whomsoever. No married woman shall be eligible as a selector; but this provision shall not apply to any married woman who may become a transferee under a will or by virtue of an intestacy.
9. Improvements and residence on the land comprised in each lease shall be as provided in Part III. of the said Act. The provisions of section 144, and all other provisions of the said Act with respect to substantial improvements, shall apply accordingly to lessees under these regulations. The provisions of section 141, and all other provisions of the said Act in respect of compulsory residence, shall apply accordingly to lessees under these regulations.
10. No lessee shall subdivide, sublet, or transfer the land held by him under these regulations, except under and subject to the provisions of Part I. of the said Act.
11. All the provisions of the said Act, so far as applicable, shall extend and apply to the lands affected by these regulations, and to the applications and leases to be made and issued thereunder, and generally to the interests created, and the persons whose rights, liabilities, or interests are thereby affected; and the mention of any particular provision of the said Act shall not be deemed to exclude any other provision of the said Act applicable to the particular case.

ALEX. WILLIS,
Clerk of the Executive Council.

Amending the Mining Regulations.

RANFURLY, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this eighteenth day of May, 1901.

Present:

His Excellency the Governor in Council.

IN exercise of the powers conferred upon him by “The Mining Act, 1898,” His Excellency the Governor of the Colony of New Zealand, acting by and with the advice of the Executive Council of the said colony, doth hereby amend the regulations made by Order in Council dated the eighteenth day of June, one thousand nine hundred, and published in the Gazette of the same date (herein called “the principal regulations”), and doth make additional regulations as hereafter set forth.

REGULATIONS.

Amendment of Special Rules as to Dredges.

1. Clause 83 of the principal regulations is hereby amended as follows:—
   (1.) By repealing subclause (2) thereof, and substituting in lieu thereof the following:—
   “In every case where the Warden or Inspector notifies the owner or manager of the dredge that the stream in which the dredge is being constructed or worked is deep or swift-flowing, then, in addition to the foregoing appliances, the dredge shall be kept provided with not less than two boats, inclusive of the boat required to be kept under subclause (1) hereof, and each of such boats must be continuously furnished with a life-buoy, a light line not less than 50 ft. in length, and a boat-hook not less than 7 ft. long. Life-belts shall also be provided, and each member of the crew of any boat shall wear a life-belt when engaged in shifting the mooring-lines of the dredge.”

(2.) By inserting in subclause (14) thereof, after the words “relating to the working of the dredge,” the words “or employed thereon.”

Licenses under Section 44 of the Mining Act.

2. (1.) Township and suburban lands shall be laid off by the District Surveyor in accordance with the regulations or instructions for the time being in force of the Department of Lands and Survey.
   (2.) Subject to the provisions of section 45 of the Mining Act, the area of the several sections shall be determined by the Warden on report thereon to him by the District Surveyor.
   (3.) The application for a license under subsection (3) of section 44 of the Mining Act may be in the form numbered 98 in the First Schedule hereto, and the license may be in the form numbered 99 in that Schedule.
   (4.) Clause 24 of the principal regulations shall apply to every such application and license so far as that regulation is applicable.

Leases of Township and Suburban Lands under Section 45 of the Mining Act.

3. (1.) Leases of township and suburban sections under section 45 of the Mining Act shall be submitted to public auction subject to the following conditions:—
   (a.) The highest bidder shall be the purchaser of the lease, and the amount bid shall be the annual rental thereof.
   (b.) The bidding shall be an increase on the advertised upset rental, and shall advance at the rate of not less than 10 per cent.
   (c.) The purchaser shall forthwith deposit with the Receiver of Gold Revenue the sum of £2 2s. for the cost of survey and preparation of the lease, and also the first year’s rent, being the amount of his bid.
   (d.) If the purchaser of the lease fails to comply with the last preceding condition, or if any dispute arises, the lease shall be put up again and resold.
   (e.) The lease shall be executed by the purchaser within thirty days from the date of notice that it is ready for execution, or the right to lease shall become forfeited, and any deposit paid on account thereof shall also be forfeited.
   (f.) No person shall be allowed to purchase or hold a lease of more than one section; and if any lease is knocked down to any person who has already leased a section such sale shall be void, and the lease shall be again put up to auction.
   (g.) For the purposes of the last preceding paragraph a husband and wife shall be deemed to be one person, unless lawfully living apart under a decree of judicial separation or protection order.

(2.) The amount deposited in respect of the cost of survey and preparation of the lease shall be paid by the Receiver into the Public Account.
(3.) The lease may be in the form numbered 100 in the First Schedule hereto, or as near thereto as circumstances will admit, and with such modifications and additional terms and restrictions as the Governor in the case of each lease thinks fit to impose, and may be signed by the Warden for and on behalf of His Majesty.
(4.) The lease shall be subject to all the provisions of the Mining Act and its amendments, and regulations thereunder, relating to the forfeiture and abandonment of residence-sites and to the recovery of rent in arrear, and such provisions shall be deemed to be incorporated herein and to form part of the conditions of the lease.
(5.) Not less than thirty days’ notice of the conditions of sale and of any special terms and conditions intended to be inserted in each lease shall be given by advertisement.
(6.) Where an auction of township or suburban sections is held and any lot remains unsold, a lease thereof may at any time within two years from the date of the auction be granted, with the approval of the Minister, to any qualified applicant, at the upset rental named at such auction.
(7.) The section leased shall, within twelve months from the date of the lease, be substantially fenced.
(8.) At the expiration of the term of the lease the section shall, unless required by the Crown, be again put up for auction, but weighted with the value of the buildings and other improvements then existing thereon, ascertained by valuation under section 40 of the Mining Act; but in no case shall any right of valuation exist as against the Crown.

As to Appeals.

4. The result of every appeal under section 281 of the Mining Act shall be forthwith communicated to the Clerk of the Court from which the appeal was made, by certificate under the hand of the Clerk of the Appellate Court and the seal of his Court.