178 Auckland Provincial Government Gazette.

6. In Class No. 2—

The area of land which may be occupied for mining by one miner shall not exceed 15,000 square feet in each claim taken up by him, but any party of miners, not exceeding ten in number, each being actually present and engaged in the marking out of any land for mining—or represented by a miner so present and engaged, such representative miner being at the time of such marking out in personal possession of the Miner’s Right or Rights of the miner or miners represented—instead of marking out separate land for each miner in such party, may mark out in the manner hereinbefore prescribed, an aggregate area of land equal in extent to 15,000 square feet for each miner in such party.

In Class No. 3 (NOT BEING RIVER OR CREEK CLAIMS)—

The area of land which may be occupied for mining by one miner shall not exceed 3,600 square feet in each claim taken up by him, but any party of miners, not exceeding six in number, each being actually present at and engaged in the marking out of any land for mining—or represented by a miner so present and engaged, such representative miner being at the time of such marking out in personal possession of the Miner’s Right or Rights of the miner or miners represented—instead of marking out separate land for each miner in such party, may mark out in the manner hereinbefore prescribed, an aggregate area of land equal in extent to 3,600 square feet for each miner in such party.

In River and Creek Claims—

The area of land which may be occupied for mining by one miner shall not exceed in length 50 feet, measured along the course of the stream, and shall not exceed in width the width of the bed of the stream, when the bed of such stream is more than sixty (60) feet in width. When the bed of such stream is less than sixty (60) feet and exceeds thirty feet in width, fifteen feet of each bank may be added to the claim, and when the bed of such stream is less than thirty feet in width, twenty-five feet of each bank may be added to the claim; but any party of miners, not exceeding six in number, each being actually present at and engaged in the marking out of any land for mining—or represented by a miner so present and engaged, such representative miner being at the time of such marking out in personal possession of the Miner’s Right or Rights of the miner or miners represented—instead of marking out separate land for each miner in such party, may mark out in the manner hereinbefore prescribed, an aggregate area equal in extent to 50 feet in length, measured as aforesaid, for each miner in such party, and not exceeding the width aforesaid. The boundaries of the bed of the stream shall be defined by the Warden or other officer duly authorised.

7. The owners of adjoining claims, being in the same class, and which together shall not exceed in area or extent four times the largest area or extent allowed for a claim of their particular class, may amalgamate the same. The owners of the several claims desiring amalgamation shall sign in duplicate a writing in the form in the Schedule hereto appended, marked A, and deposit the same in the office of the Mining Registrar, who shall return one of such writings, sealed with the seal of the office, to the parties, and thereon the several claims mentioned in such writing shall be amalgamated, and thenceforth be held and worked as one claim.

Extended alluvial claims, area, &c.

8. The Warden may grant a claim not exceeding three hundred (300) feet by three hundred (300) feet for all alluvial mining on ground which has already been worked. Applications for claims of this class shall be made in writing to the Warden, and a copy thereof shall be posted outside the Warden’s office and on the ground for fourteen (14) days from the date thereof. Provided that no such extended claim shall be granted unless the Warden shall be satisfied that the ground has been previously worked.

Working.

9. Every claim shall be bona fide and continuously worked from day to day, and there shall be employed thereon or thereon at least one miner for every man’s ground comprised in such claim, and the term “MAN’S GROUND,” as used in this Regulation, shall mean the land which a miner, in the several classes of claims, marks out and occupies under one Miner’s Right.

Defining work on claim.

10. Any miner employed in making necessary preparation for the working of any claim, or any work immediately in connection therewith, or in the erection of machinery for the same, shall be deemed to be working on the claim.

Forfeiture of Mining Claim.

11. Any claim not worked in accordance with the provisions of these Regulations shall be deemed forfeited, unless under protection, or circumstances be proved sufficient in the opinion of the Warden to excuse any default in such working. Provided that the default of any miner in working in respect of his share in any claim shall only entail forfeiture of such share, and shall not affect the title of any other miner.

No forfeiture by act of hired Servant.

12. No miner holding a claim or portion thereof, or share, or interest therein, who employs hired labour to work the same, shall be deemed to have forfeited his right, title, or interest in the same through any neglect, absence or omission on the part of any workman thereon employed by him. Provided always that in case the owner resides within twenty miles of the claim in question, twenty-four hours’ notice, or in case the owner resides upwards of twenty miles therefrom, seven days’ notice in writing in the form in the Schedule hereto appended, marked B, of such neglect, absence or omission be given to such miner, either personally or by leaving the same at his last known place of residence, and such neglect, absence or omission be continued for 24 hours after the giving of such notice as aforesaid, such miner shall then be deemed to have forfeited his claim or share, or interest therein, as the case may be.

Possession not to be taken of claim without consent of Warden.

13. No miner shall take possession of the whole or any part or share or interest in any claim, race, dam, machine, or any other right or privilege whatsoever (unless the same shall have been relinquished by entry in the Mining Register), without first obtaining the consent of the owner, or the authority of the Warden, in writing, to be applied for as he may direct.

Possession taken with Warden’s consent.

14. A miner having the authority of the Warden in writing to take possession of a share or interest in