Dec. 29.] THE NEW ZEALAND GAZETTE. 1445

prior right, in accordance with the provisions of
“ The Mining Act, 1891.”

9. Protection during Application.—All lands
   for which application shall have been made in the
   manner aforesaid shall be exempt from occupa-
   tion from the date of such application until such
   application shall have been finally dealt with.

10. Survey, and Report to Warden.—After the
    preliminary hearing of any application the Warden
    shall forward, or cause to be forwarded, a copy
    of such application (if there has been no objec-
    tion thereto, or if the objections have not been
    sustained) to the District Surveyor, or, when there
    is no such officer, to the Chief Surveyor of the land
    district, or to an authorised surveyor registered
    under these regulations, who shall make or cause
    to be made a survey, and furnish a plan of the
    ground to the Warden, with a report as to the
    area, boundaries, description, and character of the
    ground; as to the likelihood of any river, creek,
    or permanent water, spring, or artificial reservoir
    which may be included within the boundaries of
    the said land being required for, or the feasibility
    of the same being applied to, public purposes, or
    for the use of miners of the district generally for
    gold-mining purposes; and also as to any claims
    to prior occupancy which shall come to his
    knowledge, inquiry as to which it shall be his
    duty to make while making the said survey; and
    the Surveyor shall also furnish to the Warden a
    tracing of so much of the general map of the dis-
    trict as will be sufficient to connect the particular
    area applied for with at least one trigonometrical
    station, or, in the absence of any such, with some
    fixed point.

11. Survey before Final Hearing.—The Sur-
    veyor shall, if possible, make the survey prior to
    the day fixed for the final hearing; but, if from
    any cause the survey cannot be made or the plan
    prepared in time, the hearing may be adjourned
    from time to time at the discretion of the
    Warden; and no application shall be finally dealt
    with by the Warden until the plans and report of
    the Surveyor shall have been received. Provided
    that in all cases survey shall be made within the
    time prescribed by section 125 of the said Act.

12. Notice to be posted by Surveyor.—When-
    ever the Surveyor shall have made any survey as
    aforesaid, he shall place a notice, in the form con-
    tained in Schedule 2 hereunto annexed, in some
    conspicuous place on the ground proposed to be
    taken up as a licensed holding or special claim.

OBJECTIONS.

13. Objectors to give Notice.—Any person ex-
    cept the Commissioner of Crown Lands, or an
    Inspector, objecting to the issue of a license so
    applied for shall, prior to the preliminary hearing,
    if such hearing be demanded, or final hearing,
    forward to the Warden a full statement in writing
    of his objections, and shall serve a copy thereof
    on the applicant, and also shall (except in cases
    of encroachment or objections lodged prior to the
    day appointed by the Warden for a prelimi-
    nary hearing, as prescribed in section 131 of
    the said Act) prior to the day fixed for final
    hearing, deposit the sum of £3 with the Re-
    ceiver of Gold Revenue — who shall give a
    receipt to the person making such deposit—as
    security for the due prosecution of his objections
    and payment of any expenses to which the appli-
    cant may be put by such objections if disallowed;
    and, if such objections shall not be prosecuted, or
    shall be disallowed, so much of such deposit may
    be handed over to the applicant as the Warden
    may award, and the balance (if any) shall be re-
    funded to the person so objecting.

14. Cases of Encroachment.—When an applica-
    tion shall have been made for a licensed holding
    for gold-mining purposes of any land to the whole
    or any part of which any person other than the
    applicant shall claim to have a prior title thereto,
    the objection to the granting of such license
    may be heard by the Warden in the same way
    and the decision or judgment enforced as in any
    other case of encroachment or interference.

HEARING.

15. Hearing.—Upon the day appointed as
    aforesaid for the preliminary hearing, or final
    hearing, the Warden shall proceed to hear the
    application and any objection thereto, and may
    examine the parties and their witnesses (if any)
    and such hearing may be adjourned from time to
    time.

16. Proceedings in case of Objections.—If at
    the hearing of any objection as aforesaid the
    Warden shall find such objection valid he shall
    thereupon reject the application, either as to the
    whole or a part of the land applied for, and he
    may award to the objector and his witnesses any
    reasonable costs and expenses; and, if the Warden
    shall disallow the objection, he may award to the
    applicant and his witnesses (if any) reasonable
    costs and expenses, to be paid out of the deposit
    made by the objector as aforesaid, or otherwise as
    the said Warden may direct, and any award of
    costs and expenses may be enforced as a judg-
    ment in the Warden’s Court.

LICENSE.

17. Warden to issue License.—If, at the final
    hearing, there shall be no objection, or if on hear-
    ing the objections (if any) the Warden shall not
    find any such objection valid, and if there be no
    reason known to the Warden why a license of the
    whole or any part of the land applied for should
    not be granted to the applicant, he shall issue a
    license to such applicant in the form set forth in
    the Third Schedule of “ The Mining Act, 1891,”
    and inform the Commissioner of Crown Lands of
    the district accordingly.

18. Proceedings in case of Refusal of License.
    —If any license so applied for shall be refused,
    or if any application for a license shall be with-
    drawn, a notice thereof shall be posted outside
    the Warden’s office, and it shall be stated in such
    notice that such ground is open to persons hold-
    ing miners’ rights or business licenses, or to any
    applicant for a license, as if no license of the said
    ground had ever been applied for.

19. Rent.—Rent will be charged at the rate per
    acre per annum prescribed by section 71 of “ The
    Mining Act, 1891;” and any fractional part of
    an acre will be considered as a full acre, and
    charged for accordingly.

20. Registration of Assignment.—Every sale,
    transfer, or assignment of any licensed holding or
    special claim for gold-mining purposes, or of any
    interest therein, shall be registered at the Warden’s