✨ Gold Mining Lease Provisions
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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 and egress 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 and 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.) 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.
(c.) 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 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, 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.
(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.
Provide 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.
(e.) Number of Men to be Employed.
Provided also that he or 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, after the first six months, employ in or about the mines and premises hereby demised a number of men being in the proportion of not less than one man to every full area of two acres of the lands hereby demised.
(f.) 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 true and accurate half-yearly returns in the form of the Schedule marked G in the Gold Mining Leases Regulations of Otago 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, 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.
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✨ LLM interpretation of page content
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Order in Council Revoking Previous Gold Field Regulations
(continued from previous page)
🗺️ Lands, Settlement & Survey8 February 1872
Gold Fields, Regulations, Executive Council, Otago, Mining, Lease Provisions, Ingress, Egress, Rent, Distrain
- James Macandrew, Superintendent
Otago Provincial Gazette 1872, No 778