2698
THE NEW ZEALAND GAZETTE.
[No. 89

(f.) No person shall, unless with the consent
of the Warden, 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 104
in the Ninth 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 Warden, 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.

MISCELLANEOUS MINING PRIVILEGES.

55. In addition to the mining privileges specifically provided for by the Mining Act licenses may
    be granted for mining privileges of any of the following descriptions:—

(1.) Branch races, for the distribution of water
already diverted by means of a race;

(2.) Flood-races and by-washes, for the carrying-off of flood or surplus water;

(3.) Diversion of streams;

(4.) Tunnels, roads, and bridges; and

(5.) Such other descriptions of mining privileges in respect of water or land as the
Warden thinks necessary for facilitating
mining operations or effectuating the
purposes of the Mining Act.

56. The terms and conditions upon which the
    aforesaid licenses may be granted, and shall be
    deemed to be held, shall in every case include such
    terms and conditions, not inconsistent with the
    Mining Act and these regulations, as the Warden
    thinks fit to impose when granting the license; and,

in the case of a road or bridge, the license therefor
shall be deemed to be granted subject to the condition that the licensee shall not be entitled to the
exclusive use of the road or bridge, but the same
shall be open to the full and free use of the public:
Provided that where the licensee has expended
money in forming or maintaining the road or bridge,
and the holder of any other mining privilege uses
the same for the purpose of obtaining ingress to or
egress from such mining privilege, every such holder
shall be liable to pay to the licensee a reasonable
proportion of such expenditure, and, if the parties
concerned cannot agree as to the amount of such
proportion, the same shall be determined by the
Warden and two Assessors on the application of any
of the parties in like manner and subject to the like
provisions as in the case of a claim for compensation.

SURRENDER OF MINING PRIVILEGES, WHETHER
ABSOLUTELY OR FOR PURPOSES OF EXCHANGE
OF TITLE OR AMALGAMATION OF CLAIMS.

57. With respect to the surrender of mining privileges, whether absolutely or for purposes of exchange
    of title or amalgamation of claims, the following
    provisions shall apply:—

(1.) The application need not be publicly notified by advertisement nor posted on the
mining privilege unless the Warden otherwise directs.

(2.) Where the surrender is for purposes of
exchange of title or amalgamation of
claims, the consent of the Minister, under
subsection (y) of section 165 of the
Mining Act, to the license for the corresponding mining privilege or the amalgamated claim shall be necessary in the
cases therein mentioned.

(3.) The license for the corresponding mining
privilege or amalgamated claim shall be
in the ordinary form, with the addition
of a memorandum to be noted or indorsed on the license under the hand of
the Warden and the seal of the Court,
specifying—

(a.) The fact that the license is issued
in exchange for a surrendered mining
privilege, or, as the case may be, in
amalgamation of surrendered claims, and
the name, description, and registered
number of the surrendered privilege or
claims;

(b.) The priorities, encumbrances, liens,
and interests referred to in subsection (h)
of section 155 of the Mining Act;

(c.) Such other particulars as the
Warden thinks fit.

(4.) Such memorandum may be in such one of
the forms numbered 39 or 40 in the First
Schedule hereto as is applicable.

(5.) The instrument of title to every surrendered
mining privilege shall be delivered up to
the Warden, who shall note or indorse
thereon, under his hand and the seal of
the Court, a minute of the surrender in
the form numbered 41 in the First Schedule hereto:
Provided that, if the instrument of title
has been lost, the Warden, upon satisfactory proof of loss, may dispense with
its production, and in such case the
minute of surrender may be by sepa-