May 16.] THE NEW ZEALAND GAZETTE. 643

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 claiming the surplus, unless in any special case such good cause shall be shown as shall in the opinion of the Warden entitle the claimant 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 license 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 absence of any person, nor of failure of water or other natural contingency.

215. Certificate or License may be cancelled.—If any certificate or license shall have been obtained by misrepresentation, or if any of the prescribed conditions have not been duly complied with, the Warden may, upon proof thereof, cancel such certificate or license, or make such other order therein as may appear to be just or equitable.

216. Certificate or License, how cancelled.—Whenever in these regulations it is provided that a certificate or license shall or may be “cancelled,” a memorandum of such cancellation in the Registration Book shall, if signed by the Warden or Registrar, be prima facie evidence that such certificate or license has been legally cancelled.

217. Removal of Plant in case of Forfeiture.—All provisions of these regulations relating to for-