THE NEW ZEALAND GAZETTE. 111

(except in cases of encroachment) deposit a sum to
be fixed by the Warden not exceeding ten nor less
than five pounds; 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 satisfac-
tion 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.

11. 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 grant-
ing 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 deci-
sion arrived at therein, to the Superintendent of the
Province.

12. Inquiry into Application.
After the expiration of twenty-one days allowed
for objections, the Warden shall appoint a time and
place for holding an inquiry into the truth of the
particulars alleged by the applicant, and of the objec-
tions (if any) made by each objector, and two clear
days' notice of the holding of such inquiry shall be
given to each of the persons interested therein.

13. Proceedings at Inquiry.
At such inquiry the Warden shall take evidence
in relation to the application and objections, and im-
mediately thereafter he shall forward to the office of
the Provincial Secretary the application and objec-
tions (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.

14.
The Governor shall, if he shall think fit upon the
recommendation of the Superintendent of Nelson,
issue to any applicant a lease of land applied for or
any part thereof after the time prescribed by the 29th
clause of "The Gold Fields Acts Amendment Act,
1865," viz., two months after notice of the intention
to grant the same shall have been published in the
General Government Gazette, and at least one of the
local newspapers best calculated to give publicity
to the same amongst the persons specially interested.

15. 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
authorized to receive and execute the same, upon his
application thereof, and execution thereof within the
time hereinafter prescribed, and upon delivery to the
Warden of a receipt showing that a fee of one pound,
together with the first half-year's rent, has been paid
to the Receiver of Land Revenue or Gold Receiver
for the district.

16. Execution of Lease.
Upon receiving the lease the Warden aforesaid
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 exceed-
ing 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 Superintendent may thereupon declare the
lease forfeited, or take such other action therein as
he may think fit.

17. 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 application for a lease shall be
withdrawn, a notice thereof shall be published in the
Government 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 information of the miners in the
vicinity, that such ground is open to person holding
Miner's Rights or Business Licenses or to applicants
for a lease, as if no lease of the said ground had
ever been applied for.

18. 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, shall be considered expenses within
the meaning of the fourth clause of these Regulations.

19. Term.
The term of the lease cannot in any case exceed
fifteen years.

20. Areas of Leases.
The extent of any lease granted under these regu-
lations 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.

21. Amount of Rent how to be determined.
The applicant shall state on his application the
amount by way of rent or royalty he is willing to
pay for the lease. The Surveyor directed to make
the official survey shall, in his report to the Warden,
state the amount which in his judgment the lessee
ought to be required to pay as rent or royalty, to-
gether with the grounds upon which he has formed
his opinion. If in the opinion of the Warden the
amount as rent or royalty proposed to be paid by the
lessee is less, in his opinion, than ought to be required,
he, at or after the inquiry held into the truth of the
particulars alleged by the applicant, shall pronounce
to the applicant his opinion of the amount which
ought to be paid by the lessee as rent or royalty, and
shall ascertain from the applicant what sum he is
willing to pay as rent or royalty, and shall forward
to the Provincial Secretary, with the application, a
statement of his opinion on the matter, and shall
report what sum as rent or royalty the applicant is
willing to pay. The Superintendent shall, if he re-
commends the grant of any lease, state the amount
which he recommends the Governor to require as a
rent or royalty.

22. Rent payable in advance.
The rent shall be made payable half-yearly in
advance.

23. Attorney may be appointed.
In case of the inability of any lessee or lessees, by