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The Pamphlet Collection of Sir Robert Stout: Volume 63

Gold Minim Lease Regulations

page 23

Gold Minim Lease Regulations.

1. What Lands may he Leased.

Auriferous Crown Lands in the Province of Otago may be leased under these Regulations, except:—
(1.)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.
(2.)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.
(3.)Lands containing within their boundaries any river, stream of permanent water, or spring, which may be required for public purposes, or for the use of the miners generally.

2. Boundaries of Land applied for to he 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 Governor.

3. Mode of Application.

Application shall be made in the form in the Schedule hereunto 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.

At the time of applying for such lease the applicant must deposit with the Warden the sum of twenty pounds (£20) as a guarantee for the payment of any expenses which may be incurred for the survey of the land applied for, or by reason of any objection to such application being allowed; and such Warden shall give to the applicant a receipt therefor, in the form in the Schedule hereunto annexed marked B, and any surplus which may remain over such expenses shall be returned to the applicant.

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5. 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 to report as to the area, boundaries, and description thereof, the character of the ground, the likelihood of any river, creek, or permanent water spring, or artificial reservoir, which may be included within the boundaries of the said land, being 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, enquiry as to which it shall be his duty to make while making the said survey; and to furnish a plan of such land on a scale of sixteen inches to the mile, together with a tracing of so much of the general map of the district as will be sufficient to connect the particular area applied for with at least one trigonometrical station; or in the absence of any such, with some fixed point.

6. Surveyor to affix Notice.

The Surveyor shall at the time of making the survey hereinbefore directed, place a notice, in the form in the Schedule hereunto annexed marked C, in some conspicuous place on the ground, and shall post a copy of such notice on the outside of the Warden's office.

7. 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 application shall be left with the Warden at the same time, it shall be in the discretion of the Governor to which of the applicants the lease shall be granted.

8. Objectors to give Notice.

Any persons objecting to the issue of a lease so applied for, shall, within twenty-one days after the posting of the notice by the Surveyor, forward to the Warden full notice of all such objections, and shall (except in cases of encroachment) deposit the sum of ten pounds (£10); and such Warden shall give to the person making such deposit a receipt, in the form in the Schedule annexed marked as security for the clue prosecution of his objections, and in satisfaction of any expenses to which the applicant may be put by such objections if disallowed; and if such objections should not be prosecuted or should fail, so much of such deposit shall be handed over to the applicant as may be necessary to repay the expenses of such applicant; and the balance (if any) shall be refunded to the person so objecting.

9. Cases of Encroachment.

When application shall have been made for a lease of any land to the whole or any part of which any person other than the applicant shall claim to be entitled, by virtue of prior occupation under a miner's right or business license, the objection to the granting of such page 25 lease may be heard by the Warden in the same way as a case of encroachment under the "Gold Fields Act;" and such Warden shall immediately report the hearing of any such objection, and the decision arrived at therein, to the Superintendent of the Province.

10. Enquiry into Application.

After the expiration of twenty-one days allowed for objections, the Warden shall appoint a time and place for holding an enquiry into the truth of the particulars alleged by the applicant, and of the objections (if any) made by each objector, and two clear days' notice of the holding of such enquiry shall be given to each of the persons interested therein.

11. Proceedings at Enquiry.

At such enquiry the Warden shall take evidence in relation to the application and objections, and immediately thereafter he shall forward to the office of the Provincial Secretary the application and objections (if any) thereto, and the evidence taken by him as aforesaid, with his opinion thereon, together with the report, plan, and tracing furnished to him by the Surveyor as hereinbefore directed.

12. Governor to issue Leases.

The Governor will, if he shall think fit, upon the recommendation of the Superintendent of Otago, issue to any applicant a lease of the land applied for, or any part thereof, after the time prescribed by the thirty-second section of the "Gold Fields Act, 1862," viz., three months after notice of the intention to grant the same shall have been published in the Government Gazette, and at least one of the local newspapers best calculated, in the opinion of the Governor, to give publicity to the same amongst the persons specially interested.

13. Date of Lease.

Every lease will bear date the day of execution thereof by the Governor, and will be transmitted to the Warden, at whose office the same may be obtained, and the Warden shall deliver the same to the applicant, or such person as shall be duly authorised to receive and execute the same, upon his application therefor, and execution thereof, within the time hereinafter prescribed, and upon delivery to the Warden of a receipt, showing that a fee of one pound, together with the first half-year's rent, has been paid to the Receiver of Land Revenue or Gold Receiver for the District.

14.—Execution of Lease.

Upon receiving the lease the Warden aforesaid shall cause notice to be given to the Lessee or Lessees requesting his or their attendance at the Warden's Office, or other convenient place, to execute and take delivery thereof, within a reasonable time not exceeding thirty days from the date of such notice; and should the said lessee or lessees or his or their lawful Attorney, as hereinafter provided for, fail to comply therewith, or to show reasonable cause for an extension of the time page 26 allowed for the purpose, the Warden shall report the circumstances to the Provincial Secretary, and the Superintendent may thereupon declare the lease forfeited, or take such other action therein as he may think fit.

15.—Proceedings in case of refusal of Lease.

If any lease so applied for shall be refused, either in the first instance, or after a failure to comply with the terms of the notice in the last preceding section mentioned, or if any application for a lease shall be withdrawn, a notice thereof shall be published in the Government Gazette, and the Warden shall thereupon instruct a Mining Surveyor to proceed without delay to the ground described in such mining lease, and cause all posts, notices, &c., by which such ground shall have been distinguished, as applied for under the Leasing Regulations, to be removed; and further to notify, for the information of the miners in the vicinity, that such ground is open to persons holding Miners' Rights or Business Licenses, or to applicants for a lease, as if no lease of the said ground had ever been applied for.

16.—Costs.

All costs and expenses incurred by, or on behalf of, or by direction of the Government, by reason of the withdrawal of any application for Mining leases, or of the non-execution of any such lease within the time aforesaid, shall be considered expenses within the meaning of the second clause of these Regulations.

17.—Term.

The term of the lease cannot in any case exceed fifteen years.

18.—Areas of Leases.

The extent of any lease granted under these Regulations shall be, except in special cases hereinafter provided for, on quartz lodes or veins, not less than one hundred (100) yards, nor more than four hundred (400) yards in length along the line of the lode, by a width of not less than fifty (50) yards, nor more than two hundred (200) yards measured across the lode; and in alluvial workings an area not exceeding ten (10) acres.

19.—Rents.

The rents received shall in all cases be at the rate of five pounds per acre, and the said rents shall be made payable half-yearly in advance, during the entire term; and the day of the execution of the lease by the Governor shall be deemed to be the day upon which the first payment shall be due.

20.—Special Cases.

In cases where it shall be shown that a departure from the foregoing areas or rents would, under special circumstances, be desirable, the same may be extended, diminished, or otherwise altered, and such covenants, conditions, and stipulations may be imposed, and such rents and royalties reserved, as may be considered necessary.

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21.—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.

22. 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 hereunto annexed, marked E, and the execution thereof shall be attested by a Justice of Peace, and every such power of attorney shall be registered in the office of the Registrar of Deeds before it shall be acted upon.

Additional Regulations.

Auckland,

23.—Fine for withdrawal of Application.

Out of the sum of twenty pounds (£20) deposited by any person making application for a Gold Mining Lease, shall be deducted the sum of five pounds (£5) in addition to the previously authorised costs and expenses, in case such person shall withdraw his application, or forfeit or abandon his claim, or not accept the lease within one month after notice by the Warden.

Right of Ingress and Egress.

Auckland,

The Government reserves to itself the right of ingress and egress to, from, and across any land for which a Gold Mining Lease may or shall be issued under these Regulations, and of granting to any person or the public such rights of ingress and egress, 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.

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Schedule A.

(Form of Application for Lease.)

To Place and Date.

Sir

I herewith deposit the sum of twenty pounds as required by the 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 Governor shall think fit to grant the same.

I have, &c., (Signature of Applicant.)

application form

Schedule B.

(Form of Receipt for deposit with Warden.)

In the matter of the application for a lease under the Mining Lease Regulations.

Received from the above named parties the sum of twenty (£20) pounds, pursuant to the Regulations for leases of Lands for Gold Mining.

Dated, &c.

(Signature of Warden.)

Schedule C.

(Form of Notice to be posted by the Surveyor.)

To all persons whom it may concern.

I hereby give notice that____residing at____did on the____day of____apply to the Warden____at____for a Gold Mining Lease of (acres or yards) of land, which I have this day marked out, and that any person desiring to page 29 object to the issue of such lease must, within twenty-one clear days from the date of this notice, forthwith enter his objection at the office of the said Warden. And I further give notice that the said land is exempted from occupation for any purpose whatsoever until the application of the aforesaid has been finally dealt with.

(Signature of Surveyor.)

Dated the____day of____18

Schedule D.

(Form of Receipt for deposit with Warden.)

In the matter of the application of____for a lease under the Mining Lease Regulations, and of objections thereto lodged by A. B., C. D., &c.

Received from____the sum of ten (£10) pounds pursuant to the Regulations for leases of Crown Lands for Gold Mining.

Dated, &c.

(Signed)____Warden.

J K. Names of applicants and addresses.

L M. Names of applicants and addresses.

Schedule E.

Know all men by these presents, that I, A. B., (or we A. B. and C. D.,) do hereby make, nominate, constitute and appoint, and in my (or our) place and stead put E. F. of (residence and addition) to be my (or our) true and lawful attorney for me (or us), and in my name (or our names) to accept the lease of auriferous Crown Land for mining purposes for which I (or we) on the____day of____18 applied, and the deed of which was on the____day of____18 executed by His Excellency the Governor, and for me (or us) and in my name, (or our names) and as my (or our) act and deed to sign, seal, and deliver such deed of lease, and for me (or us) and in my name (or our names) to enter into all such covenants and agreements as I (or we) shall be required to enter into in and by said deed or otherwise, in the matter of said lease, and generally for me (or us) and in my name (or our names) to do, execute, and perform all such other acts, deeds, and things as may be necessary, or may be required to be done, executed, or performed in and about the acceptance and execution respectively for me (or us) and in my name (or our names) of such lease and deed of lease respectively, and I (or we) do hereby ratify and confirm and covenant that I (or we) will ratify and confirm all and whatsoever the said E. F. shall lawfully do, or cause to be done, in or about the premises by virtue of this power.

In witness whereof, &c.

N.B.—Printed copies of the forms in these schedules will be issued at the Warden's Office free of expense.