1644
THE NEW ZEALAND GAZETTE.
[No. 66

tion shall have been granted or refused by the Warden.

29. Every applicant shall apply for the required license in manner hereinafter directed ; but within twenty-one days previous to so applying the land proposed to be licensed by him shall have been marked in manner herein required. The applicant shall also publish in a newspaper circulating in the district or nearest to the district in which the land shall be situated, or, if two or more such newspapers shall circulate equally near thereto, then in any one of them, and seven days at least previous to the day of making his application, a notice containing the matter in the form in Schedule 6 hereto.

30. The applicant shall at the time of making his application deposit with the Receiver of Gold Revenue, or, if there be no such Receiver, with the Warden, the sum of £20, as a fund, to be disposed of in such manner as the Warden shall direct, for the payment of the expenses of survey and of any other expenses which may be incurred by or on behalf of or by direction of the Crown in connection with such application. Any portion of such sum which shall remain after such payments shall be returned to the applicant ; but if the application be withdrawn, or if the applicant shall neglect or refuse to take delivery of the license, then the surplus remaining after any such payments shall have been made shall be forfeited.

31. If any person shall be in occupation, for the purpose of residence, of the land applied for, or any part thereof, the applicant shall, previously to applying for the license, obtain from such person his written consent, duly witnessed, to a license of the land so occupied by him being granted to the applicant.

32. Application for License.—The applicant shall then, but within fourteen days after the erection of such marks as aforesaid, and after the lapse of seven days from the day of such publication in a newspaper as aforesaid, apply for the required license in the following manner : that is to say, he shall leave with the Warden an application in duplicate, in the form in Schedule 7 hereto ; and the Warden shall, as soon thereafter as it may conveniently be done, enter, or cause to be entered, in a book to be kept by him for the purpose, a copy of such application, numbered according to the order in which it shall have been received, with a memorandum of the day and hour of such receipt, and such day and hour he shall also indorse upon such application, and he shall thereupon return the said receipt to the applicant, and give to him a certificate in the form in the Schedule 8 hereto, and the Warden shall forward a copy of such application to the Commissioner of Crown Lands of the land district in which the land applied for is situate.

33. 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.

34. Upon receipt of any such application, the Warden shall appoint a day for the hearing there-

of, being not less than fourteen days from the date of receipt of such application, and shall give public notice of such application in one or more newspapers published in the district, in the form of Schedule 9 to these regulations.

35. Official Survey.—Upon the receipt by the Warden of the application, and the deposit of the money as aforesaid, he, the said Warden, shall forward a copy of the application to the District Surveyor, or, where there is no such officer, to the Chief Surveyor of the provincial district, who shall make or cause a survey to be made of the land applied for, and report as to the area, boundaries, and description thereof, the character of the ground, and extent of the surface thereof in respect of which he shall consider the license applied for ought to be granted, having regard to the nature of the minerals or metals intended to be mined for ; also setting forth as accurately as may be the minerals or metals which it is supposed to contain, as also the likelihood of any river, creek, or permanent water, spring, or artificial reservoir, 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 the miners of the district generally ; also as to any claims to prior occupancy, respecting which he shall make inquiry while making the survey ; and such report shall be accompanied by a plan of the land applied for on the scale of two chains to the inch, showing whether the land is applied for on or below or both on and below the surface, together with a map of so much of the district within which the land shall lie, on the scale of 2in. to a mile, as will suffice for showing the situation of the particular area applied for with respect to at least one fixed point in the district.

36. The said surveyor shall, after having obtained such direction as aforesaid, proceed with all reasonable speed to carry out the same, and he shall also mark out the land applied for, by fixing at each angle thereof, or as near as possible thereto, and in or near the middle of the side lines thereof, a sufficiently distinguishing and distinctive mark, standing at least 3ft. above the surface of the ground ; and he shall also mark out that portion of the surface of the said land in respect of which he shall consider the license applied for ought to be effective, both on and below the surface, by fixing at each angle of such portion, or as near as possible thereto, and in or near to the middle of each of the boundary-lines thereof, another sufficiently distinguishing mark, distinctively different from the mark hereinbefore mentioned, standing at least 3ft. above the surface of the ground ; and shall securely affix upon some convenient place within the boundaries of the land applied for a notice, dated on the day of the completion of the survey, in the form of Schedule 9 hereto ; and shall also, as soon as he conveniently can after having made the survey, post a similar notice, but altered as by the said schedule is directed, and dated on the same day as the notice to be posted on the ground as aforesaid, on the outside of his office, and at the post-office nearest to the land applied for, or, if there shall be a Warden’s Court nearer to the said land than such post-office, then at such Warden’s Court.