216
THE NEW ZEALAND GAZETTE.

8. Objectors to give notice.
   Any person 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 objec-
   tions, 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 D; as security for the due
   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
   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 Super-
   intendent of the Province.

10. Enquiry into Application.
    After the expiration of twenty-one days
    allowed for objections, the Warden shall
    point 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 ob-
    jections, 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 seventh section of the
    Gold Fields Act, 1858; 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 ex-
ecution thereof, within the time hereinafter
prescribed, and upon delivery to the Warden of
a Receipt showing that a fee of one pound, to-
gether 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 afore-
    said 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 allowed for the purpose,
    the Warden shall report the circumstances to
    the Provincial Secretary, and the Superinten-
    dent 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 ap-
    plication for a lease shall be withdrawn, a
    notice thereof shall be published in the Govern-
    ment 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 infor-
    mation 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, shalt
    be considered expenses within the meaning o
    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.