24. Arrears to be paid on execution of lease.

Upon the execution of every such lease, the rent shall be computed, and paid up to the first day of January or July next following the date to which payment has been made under the certificate; and, thenceforth, rent shall be payable half-yearly in advance, on the first day of January and the first day of July, in each year.

25. Attorney may be appointed.

In case of the inability of any lessee or lessees by reason of absence, sickness, or any other lawful impediments, to execute a lease, the lawful attorney or attorneys of such lessee or lessees shall be permitted to execute such lease for and on his or their behalf.

26. Power of attorney.

All such attorneys shall be appointed under power of attorney, in the form, or to the effect, set forth in the Schedule hereto annexed, marked G, and the execution thereof shall be attested by a Justice of the Peace.

27. Rent.

Rent will be charged at the rate of Two Pounds and Ten Shillings (£2 10s.) per acre per annum; and any fractional part of an acre will be considered as a full acre, and any fractional part of a month will be considered as a full month, and charged for accordingly; and such rent shall be payable half-yearly, in advance, during the term of the lease, subject always to the condition set forth and expressed in Regulation No. 24.

28. Return of deposit.

The unexpended balance of the amount paid by way of deposit on any application shall, in the event of the approval of such application, be returned to the applicant on payment of the first half-year’s rent.

PART VI.—CONDITIONS.

29. 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.

30. 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 bond 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 lessee or lessees therein.

31. Rent in arrear, to distrain machinery, tools, &c.

Provided also, that if the rents, dues or 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.

32. 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.

33. To furnish returns, &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 to the said Warden or other officer duly authorised in that behalf, accurate quarterly returns, and certify to the same on oath, 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, surveyor, or such other duly authorised officer, present a true and accurate account, certified as aforesaid, of the amount expended as aforesaid.

34. 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.

35. On Breach of covenants Lessor 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, or provisos and agreements hereinbefore contained, and implied by virtue of the “Gold-fields Act, 1866,” or of any regulations made under the authority of the said Act referring to leases for gold mining within the Province of Otago, 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.

36. Transfer and assignment.

Gold mining leases or certificates issued under these regulations shall not be transferred or assigned without the sanction of the Executive Government; and any lease or certificate otherwise transferred or assigned shall be liable to forfeiture.

SCHEDULES.

SCHEDULE A.

To ___ (Place and date.)

SIR,—I hereby deposit the sum of twenty pounds (£20), as required by the Gold Mining Lease Regulations of Otago, and I agree, if my application (the particulars of which are hereunder set forth) be investigated, that such sum shall in all respects be held subject to the terms of such regulations, and that upon the approval of this application, I will execute a lease upon the basis therein stated, if the Executive Government shall think fit to grant the same.

I have, &c.,

Signature of Applicant.