✨ Agricultural and Gold Mining Leases Regulations
and with the advice and consent of the Executive Council of the said Province doth 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 any and every other power in anywise enabling the said Executive Government in this behalf proclaim and declare that from and after the day of the date hereof the exceptions next hereinafter appearing shall be made from all Agricultural Leases granted under the said Act and the covenants clauses provisoes conditions and agreements next hereinafter appearing shall be applicable to all such leases (that is to say)
(a.) Right of ingress and egress.
Her Majesty the Queen reserves to the Governor of New Zealand and his delegate and to his and their officers and servants 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.
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.
And His Honor the said James Macandrew as such Superintendent as aforesaid and by and with the advice and consent aforesaid and by virtue and in exercise of the powers aforesaid doth hereby also proclaim and declare that from and after the day of the date hereof the exceptions next hereinafter appearing shall be made from all Gold Mining Leases granted under the said Act And the covenants clauses provisoes conditions and agreements next hereinafter appearing shall be applicable to all such leases (that is to say)
(a.) 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 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.
(b.) Lessee to maintain fence, &c.
The lessee for himself his executors administrators and assigns hereby covenant with the lessor that the lessee his executors administrators or assigns shall and will at his or their own expense and charges erect and at all times maintain during the currency of the lease a good and substantial fence around the demised premises sufficient to keep in both sheep and cattle And that no runholder upon whose run the said demised premises or any part thereof are situate or which adjoins thereto shall be liable or called upon to pay to the lessee his executors administrators or assigns any portion of the cost of fencing the said demised premises as aforesaid any Law or Ordinance for the then time being in force in the Province of Otago to the contrary notwithstanding.
(c.) Rent in arrear, to distrain machinery, tools, &c.
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.
(d.) 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 provisions and agreements hereinbefore contained and implied
(b.) To determine lease if mining be discontinued for 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 lessee or lessees therein.
(c.) 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.
(d.) 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.
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✨ LLM interpretation of page content
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Agricultural Leases Regulations
(continued from previous page)
🌾 Primary Industries & Resources11 January 1870
Agricultural Leases, Regulations, Otago, Gold Fields Act 1866, Executive Council
🌾 Gold Mining Leases Regulations
🌾 Primary Industries & ResourcesGold Mining Leases, Regulations, Otago, Gold Fields Act 1866, Executive Council
- James Macandrew, Superintendent
Otago Provincial Gazette 1870, No 646