MAY 16.] THE NEW ZEALAND GAZETTE. 623

under these regulations of any race, dam, tunnel, or shaft, road, canal, railway, tramway, or other works which may be required for mining purposes, or for public convenience.

PART II.—MINERAL LICENSES.

26. Requirements preliminary to the Issue of a Mineral License.—Every parcel of land applied for as a licensed holding for metals or minerals other than gold or silver shall be marked at each corner by a peg not less than 3in. in diameter, or cairn of stones not less than 2ft. high, and by trenches, not less than 6in. in depth by 10in. in width and 5ft. in length, extending on either side of every such peg or cairn, in the direction of the boundaries of the land: Provided that, when any corner cannot be marked on account of the nature of the ground, the peg, trench, or mark may be placed at the nearest practicable point. Upon each peg there shall be affixed a plate composed of wood, or of iron, tin, zinc, or other suitable metal, with the words, “Applied for mineral license,” together with the name and address of the applicant, or, if more than one, of each applicant, and the extent of the area to be applied for, or thereabouts, legibly marked thereon; and such pegs shall be maintained at the expense of such applicant or applicants until the application shall have been granted or refused by the Warden.

27. 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.

28. 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 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.

29. 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.

30. 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.

31. 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.

32. 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 in one or more newspapers published in the district, in the form of Schedule 9 to these regulations.

33. 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 arti-