✨ Mining Lease Proclamation and Official Notices
190
to leases for mining purposes granted under the said Act, and that in any such lease it may be expressly declared that such lease is made subject to any or all of the covenants, clauses, provisos, conditions, and agreements hereinafter mentioned, that is to say,—
Right of Ingress and Egress.
- Her Majesty the Queen reserves to her Government of New Zealand, and all officers and servants thereof, the right of ingress, egress, and regress to, from, and across the land hereby demised, and the mines thereon or thereunder; and of granting to any person or persons, or to the public, such right of ingress, egress, and regress; and of granting to any holder of a miner’s right the privilege of entering on such land for the purpose of cutting water races or tail races, and of leading head water or tail water through the same: Provided always that all such operations shall be sanctioned by the warden, and due compensation given to the said lessee or lessees, his or their heirs, executors, administrators, and assigns.
To determine Lease if Mining be discontinued four months.
- And it is hereby declared and agreed by and between the said parties hereto, that if the said lessee or lessees, his or their executors, administrators, or assigns, shall for four months discontinue the bona fide mining on the said land hereby demised to him or them, it shall and may be lawful for the said lessor, or any person duly appointed by him in that behalf, to enter into and upon the land and premises hereby demised, and thereby determine the estate of the lessees or lessee therein.
Rent in arrear to distrain Machinery, Tools, &c.
- Provided also that if the rent, dues, duties, reserved in this lease, shall be in arrear and unpaid for the space of twenty-one days next after any of the days hereinbefore fixed for payment thereof, it shall and may be lawful for the said lessor, or any person duly authorised in that behalf, to enter upon the premises hereby demised, and to distrain the machinery, tools, buildings, or other property of the said lessee or lessees for the time being, in, under, or upon any part of the premises hereby demised, for or in respect of any such rent, dues, or duties, which ought to have been paid to the lessor or any person duly authorised to receive the same.
Plan of Section of Mines.
- Provided also that they, the said lessee or lessees, his or their executors, administrators, or assigns, will and shall at all times during the continuance of this demise, if required so to do by the said lessor or any person duly authorised in that behalf, prepare and keep a proper plan or section of all the workings and actual condition of the mines and premises hereby demised.
To furnish Return, &c.
- Provided also that he or they, the said lessee or lessees, his or their executors, administrators, or assigns, shall and will at all times during the continuance of this demise furnish true and accurate quarterly returns, and certify to the same on oath to the Warden or other officer duly authorised in that behalf, of the average number of men on or about the mines and premises hereby demised; and shall from time to time, whenever so required by the Warden, Mining Surveyor, or such other duly authorised officer, up to the period when the full sum hereby agreed to be expended in or about the said mines and premises shall have been so expended, furnish a true and accurate account, certified as aforesaid, of the amount at such date expended as aforesaid.
Not to work out of Limits.
- Provided also that the said lessee or lessees, his or their executors, administrators, or assigns shall not, nor will during the continuance of this demise, work the said mines out of or beyond the limits and boundaries hereinbefore mentioned.
To fence Pits if required.
- Provided also that he or they the said lessee or lessees, his or their executors, administrators, or assigns shall and will build and keep in good repair a good sufficient and substantial wall or other fence around all the pits and shafts, which may at any time during the said term hereby granted be open in any part of the premises if required so to do by the lessor or by any person duly authorised by him in that behalf.
Breach of covenants to re-enter and determine Lease.
- Provided lastly, and it is hereby declared and agreed by and between the said parties hereto, that in case the said lessee or lessees, his or their executors, administrators, or assigns shall fail or neglect to perform and keep all and every of the covenants, conditions, provisos, and agreements hereinbefore contained and implied by virtue of the “Gold Fields Act, 1862,” or of any regulations made under the authority of the said Act, referring to leases for gold mining within the Province wherein the land hereby demised is situate, and which are in force at the time of the execution hereof, it shall and may be lawful for the said lessor, or any person duly appointed in that behalf, forthwith, or at any time or times thereafter, to enter into and upon the land and premises hereby demised and thereby determine this lease.
And I declare that this Proclamation shall come into operation and take effect from the day of the date hereof.
Given under my hand, at the Government House, at Wellington, and issued under the Public Seal of the Colony of New Zealand, this fifth day of August, in the year of our Lord one thousand eight hundred and sixty-five.
G. Grey,
By His Excellency’s command,
Henry Sewell.
God Save The Queen!
James Macandrew, Esq., elected to the House of Representatives.
Colonial Secretary’s Office,
Wellington, 8th August, 1865.
IT is hereby notified that a writ issued for the election of a member of the House of Representatives, for the Electoral District of Bruce, has been returned with a certificate to the effect that James Macandrew, Esq., has been duly elected.
J. C. Richmond.
Resignation of James Horne, Esq., of his appointment of Crown Solicitor, Otago, accepted.
Attorney-General’s Office,
Wellington, 9th August, 1865.
HIS Excellency the Governor has been pleased to accept the resignation by James Horne, Esq., of his appointment of Crown Solicitor within the Province of Otago.
Henry Sewell.
Hon. James Prendergast appointed Crown Solicitor in Otago.
Attorney-General’s Office,
Wellington, 10th August, 1865.
HIS Excellency the Governor has been pleased to appoint the Hon. James Prendergast, M.L.C., of Dunedin, in the Province of Otago, to be Crown Solicitor within the said Province, for the conduct of Prosecutions under the Regulations of the 23rd day of February, 1864.
Henry Sewell.
Printed under the Authority of the Provincial Government of Otago, by Daniel Campbell, of Dunedin, New Zealand, Printer to the said Provincial Government for the time being.
✨ LLM interpretation of page content
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Gold Mining Leases Proclamation
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🌾 Primary Industries & Resources5 August 1865
Gold Mining Leases, Proclamation, Regulations, Right of Ingress, Lease Termination, Rent Arrears, Mining Plans, Returns, Fencing, Breach of Covenant
- G. Grey
- Henry Sewell
🏛️ Election of James Macandrew to the House of Representatives
🏛️ Governance & Central Administration8 August 1865
Election, House of Representatives, Bruce Electoral District
- James Macandrew (Esquire), Elected to the House of Representatives
- J. C. Richmond
⚖️ Resignation of James Horne as Crown Solicitor, Otago
⚖️ Justice & Law Enforcement9 August 1865
Resignation, Crown Solicitor, Otago
- James Horne (Esquire), Resigned as Crown Solicitor
- Henry Sewell
⚖️ Appointment of James Prendergast as Crown Solicitor in Otago
⚖️ Justice & Law Enforcement10 August 1865
Appointment, Crown Solicitor, Otago
- James Prendergast (Honourable, M.L.C.), Appointed Crown Solicitor
- Henry Sewell
Otago Provincial Gazette 1865, No 381