THE NEW ZEALAND GAZETTE. 353

to the Warden as provided in section 6, the
miner and owner shall each appoint in writing
one person to act as arbitrator, and shall state in
writing to the Warden the name of the person so
appointed. And if the miner fail to appoint an
arbitrator within fourteen clear days his application
shall be forfeited. And if the owner or occupier fail
to appoint an arbitrator within fourteen clear days,
then the Warden shall appoint an arbitrator in his
behalf. The arbitrators so appointed shall forthwith
appoint an umpire, and their award or the award of
the umpire shall be given within twenty-one clear
days from the delivery of the notice as provided in
section 6. And if the arbitrators fail to appoint an
umpire, or if the award of the arbitrators or umpire
be not given within twenty-one clear days as afore-
said, the Warden shall act as sole arbitrator, or shall
appoint some other person to act as sole arbitrator.
Provided that the warden may, upon good cause
being shown, extend the time for making the award,
but no such extension shall exceed seven days in
addition to the twenty-one days fixed in this section.
9. The decision of the arbitrators or umpire, or of
the Warden or other person appointed by him acting
as sole arbitrator shall be final and beyond any
appeal, except on the ground of fraud, and every such
decision shall be recorded in the Warden's Court,
and shall be enforced in the same manner as a
judgment of that Court.
10. The award shall state the value of the land to
be used as a claim, the amount to be deposited to
cover the costs of restoring the surface of the ground,
the special compensation, if any, to be paid to the
owner for damages which cannot be made good, and
the special conditions, if any, to be observed by the
miner in working the ground; and the miner shall
pay as rent to the owner or occupier a sum equal to
twenty per cent. per annum on the value of the
land as so determined. Provided that in any case
where the occupant is not the owner of the land
such rent may be made payable either wholly to the
occupier or wholly to the owner, or partly to the
owner and partly to the occupier, in such proportions
as shall be determined by the award.
11. In estimating the value of the land, the
arbitrators, or umpire, or the Warden, or other
person appointed by him, acting as sole arbitrator,
shall take into consideration not only the actual
value of the soil, but all the circumstances which
may in their opinion give a special value to that
portion of the property, such as its position in
relation to the remainder of the property, its
proximity to a road, river, or other means of access,
or to a building, and the use to which it has been
put or is intended to be put by the owner.
12. A fee of two guineas shall be paid to the
Warden by the miner for each of the arbitrators and
the umpire, before they enter upon the reference,
and after the award shall have been made, shall by
the Warden be paid over to them.
13. Before entering upon the ground for mining,
the miner shall pay to the owner the first instalment
of rent, and shall also deposit with the Warden the
amount fixed by the arbitrators or umpire to cover
the costs of restoring the surface of the ground, and
shall, before entering upon the ground for mining,
pay all other sums and do all other acts which the
award shall order to be paid or done before entering
upon the ground, and the payment of such sums, and
the doing of all other such acts so ordered as afore-
said, shall be considered to be conditions precedent
to the right of the miner to enter upon such private
land, and no miner shall acquire any right of entry
on private lands for the purpose of mining until all
such sums shall have been paid, and all such acts
shall have been done, as the award shall order.

14. All rents shall be paid by the miner quarterly
    in advance. And the claim shall be forfeited if the
    rent remain unpaid for seven days beyond the date
    when it becomes due.
15. As soon as the miner has ceased working the
    claim he shall forthwith restore the surface of the
    ground, and on proof being given to the satisfaction
    of the Warden that the surface has been so restored,
    the Warden shall hand over to the miner the sum
    deposited to cover the cost of such restoration. But
    if the miner after ceasing to work the claim shall
    neglect to restore the surface of the ground, the
    Warden upon proof being given to his satisfaction
    that the claim has ceased to be worked, shall at the
    end of fourteen clear days after the claim has ceased
    to be worked, hand over the money deposited as
    aforesaid to the owner of the land on which such
    claim is situated.
16. In the foregoing regulations words in the
    singular number shall be understood to import the
    plural number, and the word "owner" shall be under-
    stood to include "occupier," and where the owner
    and occupier are not the same person, then a
    separate contract shall be made or award given in
    the case of each of them. The word "Warden"
    shall be understood to mean the Warden or other
    officer for the time being entrusted with the adminis-
    tration of justice on the Gold Field within which the
    land is, and the word "Mining Surveyor" shall be
    understood to mean Mining Surveyor or other officer
    whose duty it may be to furnish plans to the
    Warden.
17. All the regulations in force for the time being
    relating to mining on Crown Lands, shall apply to
    mining on private property under these regulations,
    excepting so far as they are affected by these
    regulations.

SCHEDULE A.
Certificate of Registration.

PURSUANT to the regulations for the sale, letting,
occupation and management of the Waste Lands of
the Crown in the County of Westland, and to the
regulations for mining on private lands in the
County of Westland, I hereby certify that a mining
claim, No.
on section
in the West-
land Gold Fields has been registered this day in
favor of A.B., &c., miner.
Dated this
day of
186
.
C.D., Warden.

SCHEDULE B.
Notice to Warden.

PURSUANT to the regulations for the sale, letting,
occupation and management of the Waste Lands of
the Crown in the County of Westland, and to the
regulations for mining on private lands in the
County of Westland, I hereby give you notice that
I seek to obtain a mining claim on section
owned by
and in the occupation of
A.B. &c., miner.
District.
To C.D., Esq., Warden,
Received this
day of
186 , the
sum of five pounds sterling, to defray the expenses of
survey in respect of the foregoing application.
C.D., Warden.

Notice to Owner or Occupier.

PURSUANT to the regulations for the sale, letting,.
occupation and management of the Waste Lands of
the Crown in the County of Westland, and to
the regulations for mining on private lands in the
County of Westland, I hereby give you notice that I
seek to obtain a mining claim on section