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6. Penalty may be substituted for forfeiture.

In all cases wherein forfeiture is decreed by these regulations, it shall be lawful for the warden to substitute a monetary payment in lieu thereof, and to allow thereout a sufficient sum to defray any reasonable expenses incurred by the plaintiff in the prosecution of his suit.

7. Compensation may be adjudged.

In all cases of forfeiture, the warden may adjudge compensation to be paid by the person to whom any claim or right may be awarded by the former owner or holder thereof, and to appoint a time within which such payment shall be made: Provided that such compensation shall not exceed in amount two-thirds of the estimated value of any work actually performed thereon or in connection therewith.

8. Permission to enter Claims.

The warden shall have power to authorise the entry of any surveyor or assessor into and upon any claim for the purpose of measuring the depth of any shaft, or the dip, direction, inclination or length of any tunnel or drive.

9. Notices to contain full particulars.

All notices tendered or posted in conformity with these regulations must contain the name in full of each member of the party, together with the date, number, and place of issue of his miner’s right.

10. Notices to be posted at the Warden’s Offices.

Copies of all notices given in conformity with these regulations shall be posted by the warden at his office, and exhibited on the outside thereof during the currency of such notice: Provided that non-compliance with this rule shall not invalidate the proceeding in relation to any application of the warden, duly served, and in conformity with these regulations shall be deemed to be guilty of a breach thereof and liable to the penalty imposed by the 53rd section of the “Gold Fields Act, 1862.”

XII. Residence.

1. Area which may be occupied for Residence.

Subject to the conditions hereinafter set forth, the holder of a miner’s right shall be entitled to occupy for residence an area of Crown lands not exceeding a quarter of an acre, or 1210 square yards, unless special provision for a larger area be obtained from the warden.

2. Residence Areas to be Registered.

Any person desirous of occupying land under the preceding regulation shall mark the corners of the area which he proposes to occupy with trenches, and substantial posts standing at least three feet above the surface, and shall give notice in writing in the form hereunto appended, to the warden of the district, and a copy of such notice shall be posted and maintained in some conspicuous part of such area for the space of seven clear days, at the expiration whereof, if no valid objection has been entered thereagainst, the warden shall cause such area to be surveyed before certificates for the same be issued.

3. Discovery of Auriferous Deposits.

If any auriferous deposit shall be traced to the boundaries of any land occupied for residence, the warden may, upon satisfactory proof thereof, authorise any surveyor or other person, by writing under his hand, to enter thereupon, and at such times, and in such manner as he may appoint, to search the land so occupied for a continuation of the said auriferous deposit.

11. Warden to be Judge of Objections, &c.

The warden shall in all cases be the sole judge of the validity of objections to the issue of any certificate of registration, and also of what is a “reasonable time” for the performance of any work when no fixed period is provided by these regulations.

12. Certificate may be cancelled.

If any certificate shall have been obtained by misrepresentation, or if any of the conditions prescribed herein have not been duly complied with, the warden may, upon proof thereof, cancel such certificate, or make such other order therein as may appear to be just.

13. Neglect of Warden’s orders.

Any person who shall neglect or refuse to comply with any written notice or order of the warden, duly served, and in conformity with these regulations shall be deemed to be guilty of a breach thereof and liable to the penalty imposed by the third section of the “Gold Fields Act, 1862.”

4. Auriferous Areas may be worked.

If any residence area shall be proved to be auriferous, the warden may, upon application or loss proven by assessors, order the whole or any part thereof to be given up for mining purposes to such persons as he shall nominate: Provided that the original occupier shall be entitled to one full claim therein.

5. Compensation to be paid.

In all cases compensation for actual damage or loss shall be estimated by assessors, and paid to the occupier of such area, by the persons desirous of mining thereon, prior to their taking possession thereof.

6. Conditions of Working.

The warden shall make such orders relative to the mode of working the ground,