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4.—Hearing of Applications and Objections.

The Warden shall in all such hearing as aforesaid, 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.

5.—Certificate may be cancelled.

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

XIII. 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 Gold Fields Act, 1866.

XIV. 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 Area 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, and a copy of such notice shall be posted and maintained in some conspicuous part of such area for the space of no less than fourteen days, at the expiration whereof, if no valid objection has been entered there-against, the Warden may cause a certificate of residence for the same to 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.

4.—Auriferous areas may be worked.

If any residence area shall be proved to be auriferous, the Warden may, upon application, order the whole or any part thereof to be given up for mining purposes: 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 the Warden or 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, the restoration of the soil, and other conditions as he may deem necessary or desirable.

7.—Transfer or Assignment.

The right and interest in any area occupied under a residence certificate may be transferred or assigned by the holder thereof, but such transfer or assignment shall, in all cases, be registered with the Warden and endorsed on the original certificate.

FORM OF NOTICE REFERRED TO.

No. ___ [Date.]

I hereby give notice that I desire to occupy for residence (state the extent) of land, situate at ___ and that I have this day marked the corners of such land (post or trenches) in conformity with the regulations herein made and provided.

[Signature of applicant.]

[Number of Miner’s Right.]

XV. TUNNELLING.

1.—Definition.

Hills when the sinking exceeds twenty feet in depth shall be considered tunnelling ground, subject to these regulations.

2.—Protection while Prospecting.

Persons engaged in prospecting shall be protected in the occupancy of a claim having a frontage for each person of forty feet, by a total depth of three hundred feet.

3.—Registration and Marking.

Claims under the preceding Clause must be Registered, and the boundaries