1642
THE NEW ZEALAND GAZETTE.
[No. 66

the deposit made by the objector as aforesaid, or otherwise as the said Warden may direct.

LICENSE.

17. Warden to issue License.—If, at the hearing, there shall be no objection, or if on hearing the objections (if any) the Warden shall not find any such objection valid, and if there be no reason known to the Warden why a license of the whole or any part of the land applied for should not be granted to the applicant, he shall issue a license to such applicant in the form set forth in the Fifth Schedule of “The Mining Act, 1886,” and inform the Commissioner of Crown Lands of the district accordingly.

18. Proceedings in case of Refusal of License.—If any license so applied for shall be refused, or if any application for a license shall be withdrawn, a notice thereof shall be posted outside the Warden’s office, and it shall be stated in such notice that such ground is open to persons holding miners’ rights or business licenses, or to any applicant for a license, as if no license of the said ground had ever been applied for.

19. Rent.—Rent will be charged at the rate per acre per annum prescribed by section 117 of “The Mining Act, 1886;” and any fractional part of an acre will be considered as a full acre, and charged for accordingly.

20. Registration of Assignment.—Every sale or assignment of any licensed holding for gold-mining purposes, or of any interest therein, shall be registered at the Warden’s office.

21. Withdrawal of Application.—Any applicant for a licensed holding may withdraw his application by giving notice in writing to that effect to the Warden; and, should any such application be so withdrawn before any expense of survey has been incurred, the applicant shall be entitled to receive back one-half of any money he may have paid as survey fees.

22. Licensed Holdings and special claims may be forfeited.—If any licensee or special claimholder fails or neglects to perform any condition contained or implied in his license or special claim, application may be made by any person for the forfeiture of such license or special claim in the form or to the effect set forth in Schedule 4 hereto; and at the time of lodging such application there shall be deposited therewith the sum of £15, as security for the due prosecution of the application, and in satisfaction of any expenses to which the licensee or special claimholder may be put should such application prove unsuccessful; and if such application shall not be prosecuted, or shall fail, so much of such deposit may be handed over to the licensee or special claimholder as may be necessary to repay the expenses of such licensee or special claimholder, and the balance (if any) shall be refunded to the applicant, after deducting the cost of the service of the notice hereinafter mentioned.

A copy of such application shall be served personally on the licensee or special claimholder, or in such other manner as the Warden may direct, or, at the discretion of the Warden, may be posted on some conspicuous portion of the ground for such time as the Warden may direct, together with a notice in the form or to the effect set forth in Schedule 5 hereto.

At the inquiry in the notice mentioned, the Warden shall take evidence in relation to the application, and the licensee’s or special claimholder’s answer to the neglect complained of; and shall decide on the whole facts of the case as to whether the land included in such license or special claim shall be forfeited or not.

In the event of the forfeiture of any license or special claim upon such an application as above mentioned, the applicant shall have the prior right to take up the ground or any part thereof, in accordance with the regulations for the time being in force; and in the event of such claim not being pegged out by such applicant within seven clear days from the date of notice of such forfeiture the same shall be open for occupation by any other person.

If such priority of right be exercised over the whole of the ground, it shall not be necessary to have such claim resurveyed unless the Warden shall specially direct to the contrary.

23. Unoccupied Land contiguous to a Licensed Holding.—The owner of any licensed holding for gold-mining purposes upon which bonâ fide mining operations are being carried on, who may desire to include therein any unoccupied land, not exceeding in area one-third of such licensed holding, and which shall be situated immediately contiguous thereto, may, after having registered such land as a claim, apply to the Warden for permission to hold the same unworked until application is made for a license to include the same as hereinafter provided; and upon the report of the Inspector or surveyor the Warden may, in the exercise of his discretion, grant or refuse such application: Provided that such permission shall be revoked and determined if the owner of such licensed holding shall cease to carry on bonâ fide mining operations, and the area of the licensed holding, including the unoccupied ground, shall not exceed thirty acres: And provided also that before the next annual payment in respect of such licensed holding shall become due the license for the same shall be surrendered, and a new application be made for the whole of the land, to be included in one license, provided the whole area does not exceed thirty acres.

EXCEPTIONS TO LICENSED HOLDINGS AND SPECIAL CLAIMS.

24. The exceptions next hereinafter appearing shall be made from all licensed holdings special claims and also mineral licenses granted under “The Mining Act, 1886,” and the covenants, clauses, provisoes, conditions, and agreements next hereinafter appearing shall be applicable to and shall be implied in all such licenses or special claims, that is to say,—

(a.) Right of Ingress and Egress.—Her Majesty reserves to her Government of New Zealand, and all officers and servants thereof, the right of ingress, egress, and regress to, from, and across the land hereby held as a licensed holding or special claim, and the mines thereon or thereunder, and of granting to any person or persons, or to the public, such right of ingress, egress, and regress, and of granting to any holder of a miner’s right the privilege of entering on such land for the purpose of constructing tunnels, shafts, water-races, tail-races, storm-channels,