60
THE NEW ZEALAND GAZETTE.
the case of a share in any claim a proportionate part
of the expenses incurred in working such claim shall
be paid out of the proceeds thereof.

XVII.—FORFEITURE AND ABANDONMENT.
Surplus Ground to be Forfeited.
94. If any person shall occupy a larger area of
ground than that to which he is entitled under these
Regulations, he shall forfeit the surplus measured
from any two corner pegs of the original claim or area
at the option of the party claiming the surplus, unless
in any special case such good cause shall be shown as
shall in the opinion of the Warden entitle the prior
occupant to the choice of ground: Provided that if
any shaft, face, or works shall come within the area of
the surplus ground so forfeited, the party claiming
the ground shall pay such compensation to the
original holder as the Court may award.

Forfeiture of Claims if Marks not maintained.
95. Whenever under these Regulations it is pro-
vided that any claim, area, right, or privilege is to be
taken possession of by marking with pegs and trenches,
or in any other way, the pegs, trenches, or other marks
or indications must be maintained during the entire
period of the occupancy of such claim, area, right, or
privileges, and in case such pegs, trenches, or other
marks or indications are not so maintained, the claim,
area, right, or privilege shall be liable to forfeiture.

Insufficient Representation.
96. In every case in which a mining claim shall be
held under the Regulations by virtue of any certain
number of Miners' Rights, the same number of holders
of Miners' Rights shall be employed upon the same
or in connection therewith; and if at any time less
than such number of holders of Miners' Rights shall
be employed upon or in connection therewith the
claim, right, or privilege shall, unless protected within
the meaning of these Regulations, be liable to for-
feiture: Provided that the Warden may decree a
forfeiture of less than the whole of such claim, right,
or privilege, and vary or cancel the license or certifi-
cate (if any) accordingly.

Non-compliance with Conditions.
97. In every case in which under these Regulations
it shall be made a condition of the granting or occu-
pation of any claim, area, right, or privilege that the
land shall be fenced, or any other matter or thing be
done thereon or in connection therewith by the holder,
it shall be lawful for the Warden, upon the complaint
of any person, and upon proof that the condition has
not been complied with, to decree a forfeiture of such
claim, area, right, or privilege, or any portion thereof,
and to cancel or vary the license or certificate for
the same (if any).

Abandonment.
98. Any claim, area, right, or privilege held under
these Regulations, and for the forfeiture of which no
other provision shall have been made, shall be deemed
to be abandoned, and shall be liable to forfeiture, if
entirely unused, unoccupied, or neglected for the
space of one calendar month, unless protected within
the meaning of these Regulations, and the certificate
or license for the same (if any) may be cancelled.

Olaims not to be Forfeited by neglect of Hired Work-
man, Contractor, Tributer, or Tenant.
99. No claim, area, right, or privilege shall be deemed
to be forfeited through the neglect of any hired servant,
contractor, tributer, or tenant thereon: Provided that
if after seven days' notice in writing of such neglect
or absence has been given to the owner or holder
thereof (either personally or by leaving the same at
his last-known place of residence) such neglect or
absence is continued, any such claim, area, right, or
privilege shall be liable to forfeiture.

Sickness, Unavoidable Absence, and Failure of Water,
&c.
100. No claim, area, right, or privilege shall be for-
feited for any neglect the consequence merely of the
sickness or unavoidable absence of any person, nor
of failure of water or other natural contingency.

Cancellation of Certificate, &c.
101. Notwithstanding anything in the foregoing
sections contained, no person shall be entitled to take
possession of any claim or area held under any license,
certificate, or other authority in writing of a Warden,
unless or until such license, certificate, or other autho-
rity in writing shall have been cancelled.

Certificate or License may be Cancelled.
102. If any certificate or license shall have been
obtained by misrepresentation, or if any of the pre-
scribed conditions have not been duly complied with,
the Warden may, upon proof thereof, cancel such
certificate or license, or make such other order therein
as may appear to be just or equitable.

Certificate or License—how cancelled.
103. Whenever in these Regulations it is provided
that a certificate or license shall or may be "can-
celled," a memorandum of such cancellation in the
Registration Book shall, if signed by the Warden or
Registrar, be conclusive evidence that such certificate
or license has been legally cancelled.

Compensation may be Adjudged.
104. In all cases of forfeiture, the Warden may
adjudge compensation to be paid by the person to
whom any claim, area, or right may be awarded to the
former owner or holder thereof, and appoint a time
within which such payment shall be made: Provided
that such compensation shall not exceed in amount
two-thirds of the estimated value of any work
actually performed thereon or in connection there-
with which may be of any actual benefit to the person
to whom the claim, area, right or privilege that is for-
feited may be awarded.

Removal of Plant in case of Forfeiture.
105. All provisions of these Regulations relating
to forfeiture and abandonment or removal notwith-
standing, no person shall be entitled to take posses-
sion of any claim or area in or upon which valuable
plant may be placed or laid down without first obtain-
ing the sanction of the Warden, and in such case the
owner shall be allowed a reasonable time to remove
his property: Provided that should such plant con-
sist in the whole or in part of timber so fixed to the
soil that it cannot be removed, the Warden may order
the person to whom the claim or area shall be adjudged
to pay the value of such timber, and such value shall
if necessary be determined by arbitration.

XVIII.—SURVEY.
Survey may be required.
106. At or at any time prior to the hearing of any
application or objection, it shall be competent for
the Warden to order that a survey be made, and in
such case the hearing of the application shall be
adjourned to such time and place as may be con-
venient.

Cost of Survey.
107. In any case wherein survey may be demanded
by either the applicant or objector, the survey shall