Dec. 22.] THE NEW ZEALAND GAZETTE. 1641

form in the schedule hereto marked 1, to the
Warden of the district within which the land so
applied for is situate, and shall be lodged in such
Warden's office by the applicant in person or his
agent.

5. Costs of Survey to be paid by the Applicant.—Upon receipt of such application the
   Warden shall direct the applicant or his agent to
   pay to the Receiver of Gold Revenue the sum of
   five pounds and the fees for survey, according to
   such scale as may be in force within the particular
   survey district. In case the sums so paid shall
   exceed the actual costs of survey, the amount of
   the first year's rent, and the current charges, the
   balance shall be returned to the applicant at the
   final hearing.

6. Hearing of Application.—Upon receipt of
   any such application, the Warden shall appoint
   a day for the hearing thereof, being not less than
   fourteen days from the date of receipt of such
   application, and shall give public notice of such
   application by advertisement in one or more news-
   papers published in the district in the form of
   Schedule 1 to these regulations, and shall forward
   a copy of such advertisement to the Commissioner
   of Crown Lands in the district wherein the land
   applied for is situate.

7. Application to be advertised and posted.—
   Every such application shall be advertised not less
   than twice, by the Warden and at the expense of
   the applicant, in such newspaper circulating in the
   district as he shall direct; and a copy of such appli-
   cation shall be posted and maintained on the ground
   until the day of hearing, and copies of the news-
   papers containing such advertisement shall be pro-
   duced to the Warden before he shall proceed to
   hear the application.

8. Priority of Application.—In the event of
   more than one application being made for the
   same land or any part thereof, the Warden shall
   determine which of the applicants shall be held to
   have the prior right, and in so doing shall be
   guided by priority of occupation, provided that it
   shall be shown that the prior occupant has used
   reasonable diligence in lodging his application.

9. Protection during Application.—All lands
   for which application shall have been made in the
   manner aforesaid shall be exempt from occupation
   from the date of such application until the same
   shall have been granted or refused.

10. Survey, and Report to Warden.—Upon
    receipt of any application the Warden shall for-
    ward a copy of the same to the District Surveyor,
    or when there is no such officer to the Chief Sur-
    veyor of the provincial district, who shall make
    or cause to be made a survey and furnish a plan
    of the ground to the Warden, with a report as to
    the area, boundaries, description, and character
    of the ground; as to the likelihood of any river,
    creek, or permanent water, spring, or artificial reser-
    voir which may be included within the boundaries of
    the said land being required for, or the feasibility
    of the same being applied to, public purposes, or
    for the use of miners of the district generally for
    goldmining purposes; and also as to any claims
    to prior occupancy which shall come to his know-
    ledge, inquiry as to which it shall be his duty to
    make while making the said survey; and the sur-
    veyor shall also furnish to the Warden a plan of
    such land, together with a tracing of so much of

the general map of the district as will be sufficient
to connect the particular area applied for with at
least one trigonometrical station, or, in the ab-
sence of any such, with some fixed point.

11. Survey before Final Hearing.—The sur-
    veyor shall, if possible, make the survey prior to
    the day fixed for the hearing; but, if from any
    cause the survey cannot be made or the plan pre-
    pared in time, the hearing may be adjourned from
    time to time at the discretion of the Warden; and
    no application shall be finally dealt with by the
    Warden until the plan and report of the surveyor
    shall have been received. Provided that in all
    cases survey shall be made within three months
    from date of application.

12. Notice to be posted by Surveyor.—When-
    ever the surveyor shall have made any survey as
    aforesaid, he shall place a notice, in the form con-
    tained in Schedule 2 hereunto annexed, in some
    conspicuous place on the said ground.

OBJECTIONS.

13. Objectors to give Notice.—Any person ob-
    jecting to the issue of a license so applied for
    shall, prior to the hearing, forward to the Warden a
    full statement in writing of his objections, and shall
    serve a copy thereof on the applicant, and also
    shall (except in cases of encroachment) deposit the
    sum of £5 with the Receiver of Gold Revenue—
    who shall give a receipt to the person making such
    deposit—as security for the due prosecution of his
    objections and payment of any expenses to which
    the applicant may be put by such objections if
    disallowed; and, if such objections shall not be
    prosecuted, or shall be disallowed, so much of
    such deposit may be handed over to the applicant
    as the Warden may award, and the balance (if
    any) shall be refunded to the person so objecting.
    Provided that should the deposit, as herein pro-
    vided, not be sufficient to cover the expenses as
    aforesaid.

14. Cases of Encroachment.—When an applica-
    tion shall have been made for a licensed holding
    for gold-mining purposes 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 a
    prior occupation under a miner's right or busi-
    ness license, the objection to the granting of such
    license may be heard by the Warden in the same
    way and the decision or judgment enforced as in
    any other case of encroachment or interference.

HEARING.

15. Hearing.—Upon the day appointed as
    aforesaid for the hearing the Warden shall pro-
    ceed to hear the application and any objection
    thereto, and may examine the parties and their
    witnesses (if any) and such hearing may be ad-
    journed from time to time.

16. Proceedings in case of Objections.—If at
    the hearing of any objection as aforesaid the
    Warden shall find such objection valid he shall
    thereupon reject the application, either as to the
    whole or a part of the land applied for, and he
    may award to the objector any reasonable costs
    and expenses, an order for which shall be enforced
    as a judgment in the Warden's Court; and, if
    the Warden shall disallow the objection, he may
    award to the applicant and his witnesses (if any)
    reasonable costs and expenses, to be paid out of