The New Zealand Gazette

The poll will be taken at the Court-house in each place; or, if there be no Court-house, then in such other building as the Warden of the district may direct.

GEORGE DUNCAN,
Secretary for Public Works.
Dunedin, Jan. 31, 1868.

PROCLAMATION.

Agricultural Leases Regulations.

By His Honor JAMES MACANDREW, Esquire, Superintendent of the Province of Otago, in Council.

WHEREAS by the thirty-ninth section of “The Gold Fields Act, 1866,” it is provided that it shall be lawful for the Governor, from time to time, to make regulations prescribing the mode in which applications may be made for leases of land for agricultural purposes, the quantity of land not exceeding fifty acres, which shall and may be granted in a lease in any particular block, the amount of deposit to be paid by any applicant therefor, and by any objector thereto, the terms and conditions upon which such leases may be held, occupied, assigned, transferred, forfeited, and cancelled, the amount of rent payable therefor, and the times and places of payment, the conditions upon and the manner in which entry to search for gold, or for any metal or mineral, upon any land so leased, may be authorised, and the terms and conditions upon which holders of miners’ rights may be permitted to mine upon land, the lease for which shall have been determined on account of its auriferous character, and such regulations from time to time to amend alter and revoke.

And whereas, Edward William Stafford, President of the Executive Council of New Zealand, in pursuance of the power vested in him in that behalf by virtue of a delegation to him under an Order in Council, made on the twenty-seventh day of April, one thousand eight hundred and sixty-seven, did, by proclamation dated the twenty-fourth day of June, one thousand eight hundred and sixty-seven, make the regulations contained in the said proclamation.

And whereas by “The Gold Fields Act Amendment Act, 1867,” it is enacted that within any Province in which by any Act or Ordinance it is provided that the Superintendent shall, in the administration of the government thereof, act by and with the advice and consent of an Executive Council, it shall be lawful for the Governor in Council, under his hand and under the Public Seal of the Colony, from time to time as occasion may require, to delegate to the Executive Government for the time being of such Province, subject or not to any restrictions or limitations as he shall think fit, all or any of such powers vested in the Governor or the Governor in Council by the “Gold Fields Act, 1866,” as under or by virtue of the one hundred and ninth section of the said Act may be delegated by the Governor in Council; and in like manner to revoke any such delegation: And whereas by an Ordinance of the Superintendent and Provincial Council of the Province of Otago, intituled the “Executive Council Ordinance, 1861,” it is provided that the Superintendent of the said Province shall, in the administration of the government thereof, act by and with the advice and consent of an Executive Council: And whereas the Governor hath, with the advice and consent of the Executive Council of New Zealand, and in pursuance of the power and authority for that purpose vested in him by the “Gold Fields Act, 1866,” and subject to its provisions, delegated unto the Executive Government for the time being of the Province of Otago, all such powers vested in the Governor or the Governor in Council by the said last-mentioned Act, under or by virtue of the one hundred and ninth section of the said last-mentioned Act, may be delegated by the Governor in Council, to have, hold, and exercise the said powers within the said Province of Otago:

And whereas it is expedient to revoke the said proclamation and regulations of the twenty-fourth day of June, one thousand eight hundred and sixty-seven:

Now therefore, I James Macandrew, Esq., Superintendent of the Province of Otago, by and with the advice of the Executive Council of the said Province, do hereby, by virtue and in exercise of the powers delegated to the Executive Government of the said Province in this behalf by His Excellency the Governor of New Zealand in Council, under the authority of the “Gold Fields Act Amendment Act, 1867,” and of every other power in anywise enabling me in this behalf, revoke the said proclamation and regulations of the said twenty-fourth day of June, one thousand eight hundred and sixty-seven, except in so far as the same revoke any former proclamation and regulations, and with the advice and consent aforesaid, and by virtue and in exercise of the powers aforesaid, I do hereby make the following regulations, prescribing the mode in which applications may be made for leases of land for agricultural purposes, the quantity of land not exceeding fifty acres, which shall and may be granted in a lease in any particular block, the amount of deposit to be paid by any applicant therefor, and by any objector thereto, the terms and conditions upon which such leases may be held, occupied, assigned, transferred, forfeited, and cancelled, the amount of rent payable therefor, the terms of payment, and the conditions upon and the manner in which entry to search for gold, or for any metal or mineral, upon any lands so leased, may be authorised.

REGULATIONS.

Mode of Application.

1. Every application for an agricultural lease of Crown Land within the Otago Gold Field must be made in the form of the first Schedule hereto, or to the like effect, to the Warden of the district wherein the land is situate; and copies of such application must be posted and maintained by the applicant for a period of fourteen (14) days, on boards standing not less than three (3) feet above the surface of the ground, and erected one at each corner of the land so applied for.

Application to be Advertised.

2. A notice of every such application, and of the date fixed for the hearing thereof, with full particulars of the locality of the land applied for, shall be advertised not less than twice, by and at the expense of the applicant, in such newspaper circulating in the district as the Warden shall direct; and copies of the newspapers containing such notice shall be produced to the Warden before he shall proceed to hear the application.

Deposit to be paid.

3. Before any such application shall be received by the Warden, the applicant must pay to a Receiver of Gold Revenue a deposit, the amount whereof shall be calculated as hereinafter set forth, and such Receiver shall give a receipt therefor in the form set forth in the second Schedule hereto (being the form provided by the Treasury Regulations of the 12th November, 1867); and such receipt must be produced to the Warden on making the application.

Deposit—how calculated.

4. If application is made for twenty-five (25) acres, or any lesser area, the amount of the deposit shall be five pounds (£5). For any greater area the deposit shall be calculated upon the entire acreage at the rate of four (4) shillings per acre, and any fractional part of an acre will be reckoned as an acre.

Boundaries must be marked.

5. The boundaries of the land applied for must be marked on the ground by trenches, and substantial posts standing not less than three feet above the surface at each corner thereof.

Areas must be rectangular.

6. Every area of land so applied for must be rectangular in form, unless a creek, or river, or other natural feature shall make such shape impracticable.