shall be previously given in the County of Westland
Gazette.

THE NEW ZEALAND GAZETTE.

645

XII.—Gold Fields.

48. Every mining claim on private land shall be
    registered in the office of the Warden of the district
    within which such land is situated before being
    entered upon for mining; and the fee for such
    registration shall be ten shillings.

49. The mode of registration shall be by depositing
    with the Warden of the district a written contract
    entered into by the miner and the owner of the
    property, or if there be no such contract then an
    award given by arbitrators or an umpire, as herein-
    after provided, and together with such contract or
    award a plan of the claim and of the property within
    which such claim is situated, signed by the Mining
    Surveyor. And the Warden shall thereupon issue
    a certificate in the form given in Schedule E.

50. No miner shall be allowed to occupy for mining
    purposes any ground covered by any dwelling-house,
    garden, or any yard or other enclosure attached to
    any dwelling-house, unless a written contract shall
    have been entered into by himself and the owner of
    such building, garden, yard, or other enclosure.

51. No miner shall be allowed to use any part of
    any private land for any other purpose but that of
    actual mining, or the performance of necessary
    operations connected with mining, except under the
    terms of a contract entered into by himself and the
    owner of such private land.

52. If there be no contract entered into by the
    miner with the owner of the land intended to be
    occupied for mining purposes, and the land be not
    such as is mentioned in clause 50 of these Regulations,
    the matter shall be referred to arbitration in the
    following manner:

53. The miner shall first of all give written notice
    in the form in Schedule F. to the owner of the pro-
    perty, or if after diligent inquiry no such owner can
    be found, then to the occupier of such property, and
    shall also give notice in the form contained in
    Schedule F. to the Warden of the district, and shall
    also pay to the Warden a sum of five pounds to
    defray the expenses of survey.

54. Upon receiving such notice and such sums of
    money as provided in the last section, the Warden
    shall forthwith instruct the Mining Surveyor to
    survey the ground applied for. And the Miner shall
    accompany the Mining Surveyor, and point out the
    boundaries of the claim for which he applies. And
    the Mining Surveyor shall furnish to the miner a
    plan of the claim and of the property within which
    it is situated, and shall also furnish to the Warden
    a tracing of such plan, and a report stating whether
    the claim applied for interferes with any building,
    garden, yard, enclosure, or any other property of a
    special nature.

55. Within fourteen clear days after the delivery of
    notices by the miner to the owner or occupier, and
    to the Warden as provided in section 53, 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 53. 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.

56. 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.

57. 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.

58. In estimating the value of the land, the arbi-
    trators, 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.

59. 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.

60. 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.

61. 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.

62. 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