1444
THE NEW ZEALAND GAZETTE.
[No. 97

to the like effect. “Protection” shall mean exemption from forfeiture under these regulations. “New gold workings” shall mean ground previously unworked. Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number, and words importing the masculine gender shall include the feminine gender, and in all other respects the terms mentioned herein shall have the same meanings as set forth in section 4 of “The Mining Act, 1891.” The word “Surveyor” in these regulations shall mean the District Surveyor or Chief Surveyor of the land district.

1. Miners’ Rights, Consolidated Miners’ Rights, and Business Licenses.—Miners’ rights, consolidated miners’ rights, and business licenses shall be issued and signed only by the Warden or Mining Registrar or Postmaster appointed to issue same. Such miners’ rights, consolidated miners’ rights, and business licenses shall be produced for inspection when demanded by the Warden or other officer, or by any person duly authorised in that behalf in writing by the Warden.

PART I.—LICENSED HOLDINGS AND SPECIAL CLAIMS.

APPLICATIONS.

2. What Lands may be held as Licensed Holdings and Special Claims.—Any Crown lands within any mining district in New Zealand may be held as licensed holdings or special claims under these regulations, except—(1) the whole or any part of any land which any person other than the applicant is entitled to occupy and actually does occupy for mining purposes; (2) the whole or any part of any land in or over which any person other than the applicant has any interest or authority, other than those above mentioned, which he may lawfully use or exercise for mining purposes, or for discovering the existence of gold or other metal or mineral; (3) lands containing within their boundaries any river, stream of permanent water, or spring which may be required for public purposes or for the use of miners generally for mining purposes; (4) all lands which by the provisions of “The Mining Act, 1891,” are specially exempted from the operation of such Act.

3. Areas.—The area of ground that may be held as a licensed holding for gold-mining purposes shall not exceed thirty acres, and may be in any form, provided the length does not exceed twice the breadth; but in special cases, where, in the opinion of the Warden, the ground cannot be advantageously worked, he may grant licensed holdings having a greater length than twice the breadth. The area of ground held as a special claim shall not exceed one hundred acres or be less than twenty acres.

4. Boundaries of Land applied for to be defined.—Any person applying for a licensed holding or special claim shall, previous to making application, mark out the same by causing to be erected at every angle thereof a post not less than 3in. square or 3in. in diameter, standing not less than 2ft. above the surface of the ground, and having thereupon some distinguishing mark cut into the wood, and the Surveyor, when making a survey of such licensed holding or special claim, shall mark the pegs with the same distinguishing marks as those on the original pegs, and otherwise conform to this regulation when putting them in position—the pegs to be marked L.H. to signify licensed holding, or S.C. special claim, as the case may be. Where wood is not available for the making of posts, a cairn of stones and a trench (such trench to be at least 6in. in depth by 10in. in width and 5ft. in length, extending on either side of each cairn) shall be constructed, or a cairn of stones without a trench where such trench cannot be constructed, or such other distinguishing mark or marks shall be used as the Warden shall prescribe for the purpose intended.

5. Mode of Application.—Every application for a licensed holding shall be made in triplicate, in the form in the schedule hereto marked 1, or as near thereto as practicable, to the Warden of the district within which the land so applied for is situate, and shall be lodged in such Warden’s office by the applicant personally, or by a barrister or solicitor of the Supreme Court, or by a registered agent, and as described in section 124 of “The Mining Act, 1891.”

6. Costs of Survey to be paid by the Applicant.—The sum to be deposited by the applicant for survey and necessary expenses shall be the fees for survey according to the scale set forth in Schedule 41 to these regulations, together with the sum of £5 to cover the cost of advertising the application as hereinafter provided, and such further necessary expenses as may be incidental to the application: Provided that in case the sum deposited by the applicant for survey is not sufficient to cover the cost of same, the applicant shall, after demand in writing has been made by the Clerk of the Warden’s Court, deposit such additional sum as may be required to cover such cost.

7. Hearing of Application.—Upon receipt of such application, the Warden shall appoint a day for the preliminary hearing thereof, as prescribed in section 131 of the said Act, if the applicants so desire, and on the date of such preliminary hearing, or as soon thereafter as practicable, he shall fix the day for the final hearing of such application. In case no preliminary hearing is requested the Warden shall, on receipt of the application, fix a day for the final hearing of the said application, being not less than sixteen days from the receipt of such application, and shall give public notice thereof not less than twice, by advertisement in one or more newspapers circulating in the district, in the form of Schedule 1 to these regulations, and shall forward a copy of such advertisement to the Commissioner of Crown Lands in the district wherein the land applied for is situate. A copy of such application shall be posted and maintained on the ground by the applicant until the day of hearing, and copies of the newspapers containing the advertisement of such application shall be produced to the Warden before he shall proceed to hear the application.

8. Priority of Application.—In the event of more than one application being made for the same land or any part thereof as a special claim, or licensed holding, the Warden shall determine which of the applicants shall be held to have the