May 23.] THE NEW ZEALAND GAZETTE. 1163

Mining Agents.

5. All mining agents duly registered under any former Mining Act shall be deemed to be duly registered under “The Mining Act, 1898”; but such mining agents shall not be liable to pay the annual registration-fee hereinafter prescribed.

6. Any person desirous of being registered as a mining agent under section 278 of the Mining Act shall make application in writing in the Form No. 101 in the First Schedule hereto, which application shall be publicly notified by and at the expense of the applicant by advertisement twice at least in one or more newspapers circulating in the district.

7. Such application shall state the particular mining district, or the particular localities within such district, to which the application is intended to relate.

8. An application shall not be granted authorising any mining agent to appear in any Warden’s Court held outside a mining district.

9. Before granting any application for registration as a mining agent the Warden shall satisfy himself as to the applicant’s knowledge in respect to the general mining law of the colony, particularly treating of the following subjects:—

(a.) The classes of lands in respect of which mining privileges may be granted pursuant to the Mining Act.

(b.) Miners’ rights.

(c.) The different classes of mining privileges, and their protection, amalgamation, and exchange, as well as the procedure to be adopted in applying therefor.

(d.) The procedure of the Warden’s Court.

(e.) Forfeiture by decree of the Court.

(f.) Abandonment of mining privileges.

10. Every application to be registered as a mining agent, and every application to cancel such registration, shall be publicly heard.

11. Immediately on the grant of an application to be registered as a mining agent the Warden shall issue to the applicant a license in the Form No. 102 in the First Schedule hereto.

12. (1.) There shall be payable to the Clerk of the Warden’s Court by every mining agent registered after the passing of the Mining Act an annual registration-fee of £1 1s., payable on the 1st day of January in each year: Provided that if any application for registration is granted after the 1st day of July in any year there shall only be payable in respect of the remainder of that year a fee of 10s. 6d.

(2.) In default of payment for a period of thirty days the agent shall be suspended until the fee is paid.

(3.) All such fees shall be paid into the Public Account.

13. The registration of any person as a mining agent shall not be cancelled until after a public inquiry, of which due notice is given to all persons concerned. An application to cancel such a registration may be in the Form No. 103 in the First Schedule hereto.

14. The fees set out in the Second Schedule hereto may be allowed to either party in respect of any registered mining agent lawfully appearing and acting in any proceedings under the Mining Act.

15. The procedure prescribed by the Mining Act, and the regulations made thereunder in respect of applications for mining privileges, and objections thereto, shall, mutatis mutandis, apply to all applications and objections filed and lodged pursuant to these regulations relating to mining agents.

———

FIRST SCHEDULE.

Form 98 (Reg. 2).

APPLICATION FOR LICENSE UNDER SECTION 44 OF THE MINING ACT.

[As in Form 15 of the principal regulations, with all necessary modifications, including Schedule as follows.]

SCHEDULE.

Purpose for which license is required:

Proposed term of license:

Locality where land is situated, with its boundaries, measurements, and area:

———

Form 99 (Reg. 2).

LICENSE UNDER SECTION 44 OF THE MINING ACT.

PURSUANT to “The Mining Act, 1898,” I, the undersigned, Warden of the Mining District, do hereby grant to [Full name, residence, and occupation] this license, authorising the licensee to [State purpose of license] on or over the land described in the First Schedule hereto.

This license is granted for a term of years, commencing on the date hereof, subject to the terms, conditions, reservations, and provisions set out in “The Land Act, 1892,” and Mining Act and the regulations thereunder, and to such additional terms, conditions, reservations, and provisions as are specified in the Second Schedule hereto.

In witness whereof, &c.

FIRST SCHEDULE.

[Describe the land.]

SECOND SCHEDULE.

[Additional terms, if any.]

———

Form 100. (Reg. 3.)

LEASE UNDER SECTION 45 OF “THE MINING ACT, 1898.”

THIS deed, made the day of , one thousand nine hundred and , in pursuance of section forty-five of “The Mining Act, 1898,” between His Majesty King Edward the Seventh (who, with his successors and assigns, is hereinafter referred to as “the King”) of the one part and (hereinafter, with his executors, administrators, and permitted assigns, called “the lessee”) of the other part, witnesseth that the King doth hereby demise and lease unto the lessee all that piece or parcel of land, situate at in the Mining District, containing , and being Suburban Section Number on the Warden’s office plan of , and as the same is more particularly delineated in the plan drawn in the margin of these presents, and therein coloured red: To hold the same unto the lessee for the term of years from the date hereof: Yielding and paying unto the King during the said term the yearly rent of in advance by equal half-yearly instalments, the first of such instalments having been duly paid, and the subsequent instalments being due and payable in advance on the day of and the day of in each year throughout the said term:

Provided always, and it is hereby expressly declared and agreed, as follows:—

1. These presents shall be construed and taken to be a demise of the surface of the demised land only, and shall not entitle the lessee to mine on or under the demised land, or to extract, dig, or search for gold, or any other metals or minerals therein or thereon.

2. The lessee shall have no claim for compensation or otherwise against the King, or against any person or persons, or body or bodies corporate, for or on account of any loss which the lessee may sustain on account of mining operations carried on below the surface of the demised land, or the lands adjoining thereto: Provided that such mining operations were not being carried on at a less distance from the surface than that sanctioned by the Warden.

3. This lease shall be subject to all the provisions of “The Mining Act, 1898,” and regulations thereunder, and its and their amendments, relating to the forfeiture and abandonment of residence-sites, and to the recovery of rents in arrear, and such provisions shall be deemed to be incorporated herein, and to form part of the conditions of the lease.

4. At the expiration of the term of this 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 forty of “The Mining Act, 1898”; but in no case shall any right of valuation exist as against the Crown.

And the lessee doth hereby covenant with the King as follows:—

(a.) That the lessee will from time to time pay the said rent to the Receiver of Gold Revenue at , and also all rates, taxes, and assessments levied on the demised land during the said term; and also,

(b.) That the lessee will not part with, assign, underlet, or otherwise dispose of the demised land, or any part thereof, without the previous consent in writing of the King, or of some person duly authorised to give such consent; and also,

(c.) That the lessee will not mine for gold or any other metal or mineral on or under the demised land, or extract, dig, or search for gold or any other metal or mineral therein or thereon; and also,