May 16.] THE NEW ZEALAND GAZETTE. 625

tion by giving notice in writing to that effect to
the Warden, and to each objector (if notice of
objection has been given) upon payment of such
expenses, if any, as the Warden shall direct ; 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should any such application be so withdrawn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.

46. Miscellaneous Provisions relating to Li-
    censes.—Where gold or silver is associated with
    other minerals or metals in any land or premises
    comprised in any license under these regulations, if
    the applicant for any such license, or, in case any
    such license shall have been granted, if the licensee
    therein shall desire to mine for such gold or silver,
    or should the nature of his operations be such as
    to lead to the removal of gold or silver, he must,
    independent of the mineral license, make applica-
    tion for a license in accordance with the regula-
    tions relating to licensed holdings for gold and
    silver ; and, if he shall proceed to mine for such
    gold or silver before he shall have obtained such
    last-mentioned licensed holding, the licensed
    holding obtained by him under these regulations
    shall be liable to be forfeited upon the order of
    the Warden.

47. If the title to any ground applied for under
    these regulations shall be disputed by any person,
    each party may maintain their works and boun-
    daries until the hearing of the application and
    of the objections thereto, and upon such hearing
    the Warden may decide the rights of the parties
    according to priority of occupation and the justice
    of the case as if a summons had been issued for
    a trespass or encroachment.

48. Special Cases.—In cases where it shall be
    shown that a departure from the foregoing areas,
    rents, covenants, conditions, reservations, and ex-
    ceptions would under special circumstances be
    desirable, the same may be altered by the Gover-
    nor, subject to "The Mining Act, 1886:" and,
    subject to the said Act, such covenants, con-
    ditions, reservations, exceptions, and stipulations
    may be imposed and inserted in any license under
    these regulations, and such rents and royalties
    reserved as by the said Governor may be con-
    sidered necessary.

49. Mode of determining Amount of Compensa-
    tion to be paid for Buildings or Improvements
    on Land occupied for Residence by Holder of a
    Miner's Right or Business License.—If any per-
    son shall desire to obtain a mineral license of any
    land, or part thereof, occupied for the purpose of
    residence or business by the holder of a miner's
    right or business license, or of land including land
    so occupied, or part thereof, he shall, at the time of
    causing the notice to be published in a newspaper
    as hereinbefore required, serve upon the person
    so occupying a copy of such notice, with a memo-

randum subjoined thereto stating that the land
about to be applied for is, or is part of, or includes
land occupied by the person so served, or part
thereof, as the case may be, and specifying the
amount of compensation which he will be willing
and will undertake to pay in respect of any build-
ing or other improvements erected or made by
such last-mentioned person, or any person under
whom such person derives title, on such land or
the part thereof which shall be required ; and, in
case the person so served shall not be satisfied
with the amount so specified, he shall, in case he
and the applicant cannot agree as to the amount
of compensation, be entitled to take an objection
to the granting of the said license on the ground
that such amount is insufficient, and such objection
shall be prosecuted in the manner hereinbefore
prescribed for the prosecution of objections
generally ; and at the time and place fixed for the
hearing of objections the Warden, if with the con-
sent of both parties, shall proceed to inquire into
the matter of such compensation, and shall deter-
mine the amount thereof, and make an award of
the same in the form in Schedule 11 hereto,
which shall be signed by the Warden. In the
event of the parties interested not giving their
consent to have the amount of compensation de-
termined by the Warden, then they shall proceed
to arbitration as provided for in "The Mining
Act, 1886." And, in case no such objection as
last mentioned shall be taken, the applicant shall
pay or tender to the person so served the amount
so specified.

50. In every case where any such compensa-
    tion as aforesaid is to be paid, the applicant
    shall, before the issue to him of a license, pro-
    duce satisfactory evidence to the Warden that
    the amount of such compensation has been paid
    to the person entitled thereto, or tendered to
    and refused by such person, and if so refused, or
    in case such last-mentioned person cannot be
    found, lodged to the credit of the deposit account
    of the Receiver of Gold Revenue of the mining
    district in which the land held is situated ; and
    when such evidence shall be so produced the
    Warden shall grant a license, and issue the same
    to the applicant, who shall then be entitled to
    enter upon the land so occupied as aforesaid, and
    be deemed to be in possession thereof.

PART III.—AGRICULTURAL LEASES.

51. Application.—Every application for any
    agricultural lease of Crown lands shall be in the
    form of Schedule 12 hereto, or to the like effect,
    and must, if the land has been already surveyed, be
    for one or more sections as surveyed, and not for a
    portion or portions of a section or sections, unless
    under exceptional circumstances. Every applica-