THE Otago Daily Times. "Inveniam viam out Faciam." DDNEDIN, THURSDAY, JUNE 4.

Otago Daily Times, Issue 2006, 4 June 1868, Page 4

THE Otago Daily Times. "Inveniam viam out Faciam." DDNEDIN, THURSDAY, JUNE 4.

The Provincial Gazette of the 20th ultimo," contains an Order in Council, revoking all

former Regulations for the granting of Gold Mining Leases in Otago, and substituting others in lieu thereof. As this is a subject directly affecting the jnterest« of a considerable number of citizens, we shall proceed to give a brief digest of the new Regulations.

Section 1 defines what lands may be leased : Section 2 directs in what manner the boundaries of land applied for shall be defined : and Section 3 prescribes tho mode in which application shall be made to tho Warden. Seelion 4 requires that, before applying for a Lease, tbe applicant shall deposit with the Receiver of Gold lieveruo, "the sum of L2O, as a guarantee " for the payment of any expenses which " may be incurred for any survey or sur- " veys of tho land applied for, or by " reason of any objection to such aj-plica- " tiou being allowed." Section ft make* it compulsory on applicants to insert notices of their applications, and of tho date lixed for the hearing thereof, " not " less than twice in such newspaper cir- " dilating in the district as the Warden may direct." Section G prescribes the mode of procedure "in the event " of more than one application being " made for the same land." Section 7 reservosjill applications for gold-mining leases " for the final decision of the " Executive Government of the Fro- " vincc ;" and provides for tho " pro"tection" of land applied for, pending such deviaion. Section 8 directs the Warden to cause every application to be duly recorded in the books of his office ; and to send a copy of such application " to such person as tho Superintendent " may from time to time appoint."

The Regulations aro divided, for convenience of reference, into Six Parts. Section 8 concludes Part I, which deals exclusively with Applications. Part 11. contains two (sections relating to Survey, and in no way differs from the provisions of the former Regulations. Part 111., containing Sections IJ to 14, inclusive, deals with the Hearing of Applications. By the eleventh Section, it is ordered that persons desirous of objecting to any application, shall forward his objections to the Warden, " within " twenty-one days after the posting of " notice by the Surveyor." Except in caaea of encroachments (which aro «pecially provided for by the 31st Section of the Goldfields Act), an objector will be required to deposit L 5, "as security " for the due prosecution of hia objections,. " and iii satisfaction of any expenses "to which the applicant may be put "by such objections, if disallowed." Section 12 of the Regulations repeats Section 31 of tho Act, and further enjoins the Warden to report tho resu It of tho hearing, to the Superintendent, in cases of encroachment. By Section 13, the Warden is instructed to appoint a day for the hearing, " being not lesa than 14, nor " more than 30, days from the date of the " receipt of tho application." As objections may be lodged within 21 days after the posting of notices by the Surveyor, there appears to be a slight discrepancy hero. Section 14 directs tho Warden to report fully to the Government, recommending, in each case, whether tho application should, in his opinion," be granted

or refused

Part IV.—Certificates —imports a new element into tho mode of dealing with Mining Lca«o applications. Owing to a variety of cati«C3, veiy considerable delay lias taken place in the preparation of Leases; and it has been a well-founded source of complaint amongst the miners that largo areas of auriferous land have, in connequence, been "locked up." On the other hand, the revenue has sustained no slight loss from the same cause. The subject came under the consideration of the Delegates to the late Mining Conference, and they recommended a remedy to the Government. This was, to issuo Certificates, similar to those issued to applicants for Agricultural Leases, pending the preparation of the more formal documents. This snggf b tion tho Executive have now adopted. Section 15 provides that, after the approval of any application, a Certificate will be at once issued to tho applicant; and, by tho 16th Section it is enacted that—" If " any applicant fails or neglects to "take up his Cor tificato within 30 days " after service of notice from tho Warden " that such Certificate is ready for issue, " such Certificate may bo forthwith can- " celled, and upon such cancellation, the " deposit paid upon tho application will " be forfeited." Section 17 requires that these Certificates shall bo. exchanged for Leases whenever it is notified to tho holders that tho latter are ready for execution ; and neglect to execute a Lease within 30 days after such notification, will render void the Certificate, and will subject the holder, if he retain possession of the land, to bo dealt with as a trespasser on Waste Lands of the Crown. Under Section 18 a halfyear's rent must be paid before the issue of the Certificate.

Part V.—Leases —includes Sections 19 to 28. Section 19 prescribes that the term of any lease shall not exceed 15 years. Section 20 provides for the due execution of Leases. Failure to execute and take delivery within 30 days will, unless reasonable cause for extension of time be shown, render the Lease liable to forfeiture. Section 21 directs what proceedings shall be taken in case of a refusal of a Lease. Section 22 throws the liability for all costs and expenses that may be incurred through the withdrawal of applications, or the nonexecution of Lfiaaes, on the applicants; and Section 23 imposes a fine for the

withdrawal of applications, &c. Section 24 refers to the payment of arrears on tho execution of a Lease. Sections 25 and 20 provide for the appointment of attorneys. Section 27 fixes tho rent to be paid at the rate of £2 10a. per acre, per annum ; and Section 28 provides for the return to applicants of "the unexpended balance of amount " paid by way of deposit." Part VI. includes Sections 29 to 30, and sets forth tho Conditions, subject to which Gold Mining. Leases shall be granted. Section 20 reserves rights "of " ingress, egress, and regress," and also the right of granting to holders of miners' righto, permission to construct wj. terraces, and tail-races, through leased laud. Section 30 empowers the Government to determiiiealease, if mining be discontinued for the period of four month*. Section 31 provides that if tho rent " shall bo in " arrear, and unpaid for the space of 21 " days next after any of the days fixed " for payment," the Government, as lessons, may distrain upon the machinery, tools, buildings, or other property of the lessee or lessees. By Sections 32 and 33, icEaees are bound to prepare plans and suctions of the workings, and to furnish quarterly returns, if required so to do. Section 34 restrains lessees from workirg out of limits. Section 35 provides for re-entry, and for the determination of Leaner, on the breach of any of the covenants. And Section 3t> prohibits the transfer or assignment of goldininin c Leases and Certificates without the sane tion of the Executive Government. The Schedules A to G are appended to tho Regulations : and it is notified that " printed copies of the forms in thes«> " Schedules will bo issued at the War- " dens' Offices, free of expense."