Nov. 11.] THE NEW ZEALAND GAZETTE. 3179

50. (1.) Every licensee entitled to divert water from a
    watercourse shall place a gauge-box in his race within seven
    days after receiving a written notice so to do from any other
    licensee entitled to divert water from such watercourse.
    Where there is only one point of intake the gauge-box shall
    be placed immediately below such point, but where there
    are several points of intake the gauge-box shall be placed
    immediately below the last of such points.
    (2.) Water may be gauged in manner described in the
    Second Schedule hereto.

TRAMWAYS.

51. (1.) In every case where the proposed course of a tram-
    way crosses or runs along a road or street, the provisions of
    sections 215 and 216 of the Mining Act shall apply.
    (2.) The holder of a license for a tramway shall not be
    entitled to carry on the tramway passengers or goods for hire
    except at such scale of fares and freight, and subject to such
    provisions for the safety of life and property, as have been
    submitted to and approved by the Minister.
    (3.) The license for a tramway shall in every case be deemed
    to be granted subject to the condition that the licensee will,
    at his own cost, from time to time provide, and at all times
    thereafter maintain to the satisfaction of the Warden, a
    sufficient crossing-place over the line of the tramway at every
    point in its route where, in the opinion of the Warden, a
    crossing-place is reasonably required for public or private
    convenience.

LEASES IN MINING TOWNSHIPS UNDER SECTION 45 OF THE
MINING ACT.

52. (1.) Any holder of a miner's right may apply to the
    Warden for a lease of the surface of any land in any mining
    township.
    (2.) Every application for a lease shall be made in writing
    to the Warden, in the form numbered 95 in the Fifth Schedule
    hereto, and shall contain a statement of the situation of the
    land and the area applied for, the number of the section if
    the land is a surveyed section, and the purposes for which the
    same is to be used.
    (3.) The Warden shall have power to grant a lease of the
    surface of any such land as aforesaid under these regulations,
    notwithstanding that the land applied for may be held as a
    claim under the Mining Act.
    (4.) If the land applied for is not a surveyed section, or
    only part of a surveyed section, the applications shall be
    accompanied by a deposit of £3 to cover the expenses of
    surveying the same, and after the application has been
    finally dealt with there shall be refunded to the applicant
    any unexpended or unrequired balance remaining of the said
    deposit. Should, however, the survey cost more than the
    amount deposited, the applicant must pay the difference
    before a lease is issued to him.
    (5.) The Warden, or the Mining Registrar, shall appoint
    a day for hearing the said application, such day to be not
    less than one month after the filing of the application.
    (6.) On the day on which the application is filed, or as soon
    thereafter as is practicable, the applicant shall serve a copy
    of the application, showing thereon the date appointed for
    hearing the application, upon all adjoining owners or occu-
    piers, and upon all persons whose interests may be obviously
    affected by the same.
    (7.) Any person desiring to object to the granting of any
    lease shall, not later than forty-eight hours before the day
    appointed for hearing the application, give notice thereof by
    filing in the Registrar's office a notice in writing of the nature
    of such objection, and shall serve on the applicant a duplicate
    original of such notice; and no person shall be entitled to
    appear and object unless he has duly given such notice, save
    any person to whom the Warden, at the hearing of the appli-
    cation, directs that notice be given. Such notice of objection
    shall in every case contain an address for service which shall
    be in the same district as the office in which the notice is filed,
    and all notices to be served on the objector shall be deemed to
    be validly served if served at such address.
    (8.) After hearing the application and all objections thereto,
    the Warden may either refuse the same, or, with the consent
    of the Minister first obtained, grant a lease.
    (9.) All applications for leases, and all objections thereto
    now pending, shall be heard and determined by the Warden,
    and shall have priority over all other applications for the
    same land as though such applications and objections had been
    made under these regulations.
    (10.) The Warden shall have power to allow costs to or
    against any objector.
    (11.) No lease shall be granted over any land upon which
    any mining operations are carried on, or over which any
    mining right or title exists, unless or until the holder of such
    mining right or titled consents to such lease.

(12.) Every lease shall be for the surface of the land only,
and no lease shall entitle the lessee to mine for gold upon the
land leased, or to extract, dig, or search for any metals or
minerals therein or thereon.
(13.) No lessee shall have any claim for compensation for
any damage done, or which may be caused by or arise from
mining operations legitimately carried on beneath the surface
of the ground, and leases shall contain such special covenants
relating to mining as may be deemed necessary by the Warden;
nor where the land granted is situated upon a mining privilege
shall the lessee have any claim for compensation for any injury
or damage done to the said land by reason of mining opera-
tions lawfully carried on by the holder of the mining privilege
on land adjoining, provided such injury or damage is not
caused by any negligence or want of care on the part of such
holder.
(14.) The rental for lands leased under these regulations
shall be 10s. per annum for each section for business purposes,
and 5s. per annum for each section for residence or other
purposes, and where the land is not surveyed into sections
shall be at the rate of £1 per acre or fractional part of an acre.
(15.) No transfer or assignment of, or any other dealing
with, any lease shall be lawful without the consent of the
Warden, and every such transfer, assignment, or other dealing
shall be registered at the Warden's office in the same manner
as transfers, assignments, and other dealings with mining pri-
vileges under the principal Act, and the sum of 2s. 6d. shall
be paid for each such registration; but where the instrument
of transfer, assignment, or other dealing includes more than
one lease, there shall be paid for each additional title the sum
of 1s.
(16.) Leases may be in the form numbered 96 in the Fifth
Schedule hereto, and all expenses in connection with the pre-
paration of leases shall be borne and paid by the lessee.
(17.) Applications for renewal of leases heretofore granted
by the Governor-General under any repealed Act, or under
the principal Act, shall be made in the same manner as appli-
cations for new leases, except that the notices required to be
served under subclause 7 of this regulation need not be given
and served.
(18.) The same fees shall be payable on all applications for
leases or renewal of leases and objections thereto as are payable
on applications for and objections to mining privileges.
(19.) These regulations shall not apply to Native ceded
lands.

LEASES OF TOWNSHIP AND SUBURBAN LANDS UNDER SEC-
TION 47 OF THE MINING ACT.

54. (1.) Lease of township and suburban sections under
    section 47 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.
    (c.) The purchaser shall forthwith deposit with the Re-
    ceiver of Gold Revenue the sum of £2 2s. for the
    cost of survey and preparation of the lease, and also
    one-half of 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, 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 97 in the
    Fifth Schedule hereto, or as near thereto as circumstances
    will admit, and with such modifications and additional terms
    and restrictions as the Governor-General 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 regulations thereunder, relating to the