Mar. 23.] THE NEW ZEALAND GAZETTE. 765

in prospecting or the development and working of the lands comprised in the lease, as the case may be, for every £50 applied for as a refund.

(8.) Should gold be discovered within the area comprised in either a warrant or a lease, the discoverer shall, if the land is within a mining district, have the prior right to take up a special claim under the provisions of “The Mining Act, 1898,” but if the land is not within a mining district, the locality must be brought under the operations of the Mining Act, when the discoverer will have a prior right to take up a special claim.

(9.) Should any mineral other than the mineral specified in a warrant or lease be discovered, the discoverer shall, on giving an undertaking in writing that he will not interfere with the operations of the holder of the original warrant, have the right to acquire a warrant to prospect for the mineral he may have discovered upon the same terms and conditions as are prescribed for the original warrant, and at the end of the term of the second warrant the holder shall have the prior right to acquire a mineral lease to the extent and under the conditions prescribed by section 90 of “The Mining Act, 1898.”

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ADDITIONS TO SCHEDULE.

Form 109.

APPLICATION FOR LEASE IN A MINING TOWNSHIP.

“The Mining Act Amendment Act, 1904,” Section 4.

To the Warden at
I APPLY for a lease of the ground herein described :—
Situation :
Area :
Tenure :
Length of occupation :
Purpose for which land is to be used :

[Signature.]

Address for service :

Filed by the Mining Registrar, at o’clock on ,
the day of , 190 .

The above application will be considered on day,
, 190 . A.B., Warden
[or Mining Registrar].

Form 110.

FORM OF LEASE IN A MINING TOWNSHIP.

“The Mining Act Amendment Act, 1904,” Section 4.

THIS deed made the day of one thousand nine hundred , in pursuance of section of “The Mining Act Amendment Act, 1904,” between the Warden of the Mining District of (hereafter, with his successors in office and assigns, called “the lessor”), of the one part, and (hereinafter, with his executors, administrators, and permitted assigns, called “the lessee”), of the other part, witnesseth that the lessor, with the consent of the Minister of Mines, doth hereby demise and lease unto the lessee all that piece or parcel of land situate in the Township of , in the Mining District, containing , and being Section No. , on the map of that township, in the District Survey Office at , 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 His Majesty the King, his successors and assigns, during the said term the yearly rent of , by equal half-yearly instalments in advance to the Receiver of Gold Revenue at , the first such instalment 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 lessor, His Majesty the King, or any other person or persons, or body or bodies corporate whomsoever or whatsoever, 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.

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

(a.) That the lessee will from time to time well and truly pay the said rent as hereinbefore appointed 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, or underlet the demised land or any part thereof without the previous consent in writing of the lessor, or of some person duly authorised by the lessor 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

(d.) That the lessee will not at any time commence or prosecute any action or suit or take any proceedings against any person or body corporate to recover any compensation or damages for any loss which the lessee may sustain on account of any mining operation carried on below the surface of the demised land or the lands adjoining thereto.

And it is hereby further agreed and declared that these presents are subject to the provisions of section 4 of “The Mining Act Amendment Act, 1904,” and are granted on the express condition that, if and as often as the said rent or any part thereof is in arrear and unpaid for thirty days next after any of the days hereinbefore appointed for the payment thereof, although no formal demand may have been made therefor, or if and as often as the lessee neglects or fails to observe any other of the covenants or provisions herein contained or implied, or where no building shall have been erected, or for six months continuously abandons or deserts the demised land, or, if a building of the value of £50 or more shall have been erected, for two years continuously abandons or deserts the demised land, then in any of such cases it shall be lawful for any person or persons thereunto duly authorised by the lessor, or by the Minister of Mines, into and upon the demised lands to re-enter, and thereupon this demise shall be absolutely determined, but without releasing the lessee from the payment of any arrears of rent, or from any action or suit for or on account of any preceding default.

In witness whereof the lessor and the 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.
[Residence and occupation.]

Signed by the within-named lessee
in the presence of—

C.D.
[Residence and occupation.]

Consented to this day of 190 .
, Minister of Mines.

AMELIUS M. SMITH,
Acting Clerk of the Executive Council.

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Regulations under Section 50 of “The Native Land Claims Adjustment and Laws Amendment Act, 1901” (Adoption of Children by Natives according to Maori Custom).

———

PLUNKET, Governor.

ORDER IN COUNCIL.

At the Government Buildings, at Wellington, this fifteenth day of March, 1905.

Present:

THE HONOURABLE SIR J. G. WARD, K.C.M.G., PRESIDING IN COUNCIL.

WHEREAS by Orders in Council dated respectively the fourth day of December, one thousand nine hundred and one, and the eleventh day of May, one thousand nine hundred and four, and published respectively in the New Zealand Gazette of the twelfth day of December, one thousand nine hundred and one, and the twenty-sixth day of May, one thousand nine hundred and four, regulations relating to the adoption of children by Natives were made under section fifty of “The Native Land Claims Adjustment and Laws Amendment Act, 1901”:

And whereas it is expedient to revoke the regulations so made and published as aforesaid, and to make other regulations in lieu thereof:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers in that behalf vested in him by section fifty of “The Native Land Claims Adjustment and Laws Amendment Act, 1901,” and acting by and with the consent and advice of the Execu-