1660
THE NEW ZEALAND GAZETTE.
[No. 66

and at all times maintain, on some conspicuous part of the said claim, a board not less than 9in. square, standing at least 4ft. above the ground with the word “Protected,” the name of the occupier, the number and date of his certificate, and the period for which protection is granted, painted or written legibly thereon.

203. Protection of Huts.—The holder of a miner’s right may, without previous notice, register his hut or place of abode; and any hut or place of abode so registered shall be protected during the absence of the owner for such period, not exceeding four months. If at the expiration of the said four months, or if a hut be unregistered, and in either case remain unoccupied for fourteen days any holder of a miner’s right or licensed holding may take possession and use the same, without being liable to any action for trespass; and the person so taking possession of such hut shall pay compensation, to be decided by arbitration, for same to the original owner, if a demand is made in writing for same, within one month from the date of occupation.

204. Protection during Notice.—When any notice has been given and posted in conformity with these regulations, the claim, area, right, or privilege to which such notice may refer shall be protected during the currency thereof, and until the application has been finally dealt with by the Warden: Provided that this section shall not apply to notices of application for protection.

205. Renewal of Protection.—Application for renewal of protection shall be made in the manner prescribed by “The Mining Act, 1886.”

206. Protection while testing Quartz Lodes.—In the case of any quartz claim containing not less than four men’s ground it shall be lawful for the registered owners thereof to work, hold, and occupy the same, for three months from the day on which such claim was first occupied by them, with half the number of men otherwise under these regulations required to work, hold, and occupy the same; but, should the owners of any quartz claim desire to test the reef or lode with a less number of men than above provided, they must apply in writing to the Warden, in the form provided in Schedule 29 hereto, for protection, or to the like effect, stating the number of men proposed to be employed and the time for which protection is required: Provided that if such operations are not within view of the claim, a notice shall be conspicuously posted thereon where and upon what work the owners of the claim are employed.

207. Protection during Operations.—All claims, rights, and privileges of whatsoever nature lawfully held and enjoyed under these regulations shall be protected during the time that the owners or holders thereof shall be actually engaged in operations connected therewith.

208. Protection during Holidays, &c.—All claims, rights, and privileges shall be deemed to be protected while the holders thereof are attending elections of members of the House of Representatives or other public bodies, or attending any Court of justice, and also during the following periods—namely, from Good Friday to Easter Tuesday inclusive, on Her Majesty’s birthday, from the 22nd December to the 5th January inclusive, and on any day proclaimed a public holiday.

209. Lunacy, &c.—No claim, right, or privilege, or share in any claim, right, or privilege, shall be deemed to be forfeited or abandoned in consequence of the death, lunacy, or bankruptcy of any person, but every such claim, right, privilege, or share shall be protected for the benefit of his heirs, executors, trustees, creditors, or representatives, as the case may be: Provided that in 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.

PART XXV.—FORFEITURE AND ABANDONMENT.

210. Surplus Ground to be forfeited.—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 holding the surplus, unless in any special case such good cause shall be shown as shall in the opinion of the Warden entitle the 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.

211. Non-compliance with Conditions.—In every case in which under these regulations it shall be made a condition of the granting or occupation 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).

212. Abandonment of Unregistered Rights.—Any unregistered claim, site, right, or privilege held under “The Mining Act, 1886,” and 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 forty-eight hours, unless protected within the meaning of these regulations.

213. Any registered claim, site, right, or privilege held under “The Mining Act, 1886,” and these regulations, and for the forfeiture of which no provision shall have been made, shall be deemed to be abandoned, and shall be liable to forfeiture if entirely unused, unoccupied, or neglected for a space of one calendar month, unless protected within the meaning of these regulations, and the certificate and licence for the same (if any) may be cancelled.

214. Sickness, Unavoidable Absence, and Failure of Water, &c.—No claim, site, area, right, or privilege shall be forfeited for any neglect the consequence merely of the sickness or unavoidable