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for the costs connected with such determination, and the terms and conditions upon which such leases might be held, occupied, worked, assigned and forfeited or cancelled, and such regulations from time to time to alter, amend, or revoke.

And whereas by section CXIII of the said last-mentioned Act it is provided that all lawful rules and regulations existing at the time of the commencement thereof should, until annulled or revoked, be deemed to be and should continue in force as rules and regulations under the said last-mentioned Act: And whereas by the Orders in Council and the Proclamation respectively after-mentioned, regulations were made under section thirty-three (33) of the "Gold Fields Act 1862," which regulations were continued in force by the said 113th section of the "Gold Fields Act 1866," and have not since been annulled or revoked: And whereas it is expedient to revoke the said regulations so made as aforesaid, and to make other regulations in lieu thereof—

Now, therefore, His Honor James Macandrew, Superintendent of the Province of Otago, by and with the advice and consent of the Executive Council of the said Province, and by virtue and in exercise of the powers delegated to the Executive Government of the said Province of Otago in this behalf, doth hereby order that from and after the day of the date hereof all the regulations made by the Orders in Council, and the Proclamation respectively after-mentioned, shall be annulled and revoked—that is to say:—

I. Order in Council establishing Regulations for the granting of Gold Mining Leases in the Province of Otago, bearing date the 15th day of September, 1862.

II. Order in Council establishing Regulations as aforesaid, bearing date the 14th day of September, 1864.

III. Order in Council establishing Regulations as aforesaid, bearing date the 29th day of December, 1864.

IV. Proclamation declaring the exceptions to be made, and the clauses, provisos, conditions, and agreements to be implied in "Gold Mining Leases" under the "Gold Fields Act 1862," under the public seal of the colony of New Zealand, bearing date the 5th day of August, 1865.

V. Order in Council making the additional Regulations set forth in the Schedule thereto for regulating the granting of Leases for mining purposes in the Province of Otago, bearing date the 9th day of May, 1866.

And His Honor the said James Macandrew, as such Superintendent as aforesaid, by and with the advice and consent aforesaid, and by virtue and in exercise of the said Gold Fields Act 1866, doth hereby make the Regulations following in lieu thereof (that is to say):—

REGULATIONS

For the Granting of Gold Mining Leases in the Province of Otago—

PART I.—APPLICATIONS.

1. What lands may be leased.

Auriferous Crown Lands in the Province of Otago may be leased under these Regulations, except—

(i.) The whole or any part of any land which any person other than the applicant is entitled to occupy and actually does occupy for mining purposes, or for residence, by virtue of a miner’s right or business license.

(ii.) The whole or any part of any land in or over which any person other than the applicant has any interest or authority other than those above mentioned, which he may lawfully use or exercise for mining purposes, or for discovering the existence of gold or other metal or mineral.

(iii.) Lands containing within their boundaries any stream of permanent water, or spring, such as may be required for public purposes, or the use of the owners generally.

2. Boundaries of land applied for to be defined.

Persons intending to apply for a lease of auriferous Crown lands shall, previous to making application as hereinafter directed, erect or cause to be erected, at each angle of the land proposed to be leased, a post, three inches square, and standing at least three feet in height above the surface of the ground; and such posts shall be maintained at the expense of the applicant until the application shall have been granted or refused by the Superintendent.

3. Mode of application.

Applications shall be made in the form in the Schedule hereto annexed marked A, and shall be addressed in duplicate to the Warden of the Gold-field within which the land so applied for is situated.

4. Applicant to make a deposit.

Before applying for such lease, the applicant must deposit with the Receiver of Gold Revenue the sum of Twenty Pounds (£20), as a guarantee for the payment of any expenses which may be incurred for any survey or surveys of the land applied for, or by reason of any objection to such application being allowed; and such Receiver shall give to the applicant a receipt therefor, in the form in the Schedule hereto annexed marked B, and any surplus which may remain after payment of such expenses shall be returned to the applicant.

5. Application to be advertised.

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 notices shall be produced to the Warden before he shall proceed to hear the application.

6. Priority of application.

In the event of more than one application being made for the same land, or any part thereof, such one of such applications as shall have been first left with the Warden shall be first considered; and in case any two or more of such applications shall be left with the Warden at the same time, it shall be in the discretion of the Superintendent to which of the applicants the lease shall be granted.

7. Protection during application.

All applications for gold mining leases will be reserved for the final decision of the Executive Government of the Province; and land for which application shall have been made in the manner aforesaid shall be “protected” from the date of such application until such decision shall have been made known to the Warden.

8. Applications to be recorded.

The Warden shall cause every such application to be duly recorded in the “Leases Record Book” of his office, and a copy of the application shall be forwarded to such person as the Superintendent may from time to time direct.

PART II.—SURVEY.

9. Official survey.

Upon receipt of such application and deposit, the Warden aforesaid shall, as soon as may be, direct a Surveyor to proceed to the land applied for, and to survey the same, and report as to the boundaries, and description thereof, the character of the ground; the likelihood of any river, creek, permanent water spring, or artificial reservoir, which may be included within the boundaries of the said land required for, or the feasibility of the same being applied to public purposes, or for the use of miners of the district generally, and also as to any claims to prior occupancy which shall come to his knowledge, however so which it shall be his duty to make, while making the said survey; and to furnish a plan of such land together with a tracing of so much of the general map of the district as will be sufficient to connect the new survey area.