1446 THE NEW ZEALAND GAZETTE. [No. 97

office, whether such transfer or assignment be by deed or otherwise; but all arrears of rent shall be paid prior to such registration.

21. Withdrawal of Application.—Any applicant for a licensed holding or special claim may withdraw his application by giving notice in writing to that effect to the Warden; and, should any such application be so withdrawn before any expense of survey has been incurred, the applicant shall be entitled to receive back any money he may have paid as survey-fees, and also his deposit, after deducting any expenses incurred, whether by an objector or otherwise.

22. Unoccupied Land contiguous to a Licensed Holding.—The owner of any licensed holding for gold-mining purposes upon which bonâ fide mining operations are being carried on, who may desire to include therein any unoccupied land, not exceeding in area the limit allowed for an extended claim under Part XII. of these Regulations, and which shall be situated immediately contiguous thereto, may, after having registered such land as a claim, apply to the Warden for permission to hold the same unworked until application is made for a license to include the same as hereinafter provided; and shall furnish to the Warden a plan showing the boundaries and situation of the land applied for; and upon the report of the Inspector or Surveyor the Warden may, in the exercise of his discretion, grant or refuse such application: Provided that such permission shall be revoked and determined if the owner of such licensed holding shall cease to carry on bonâ fide mining operations, and the area of the licensed holding, including the claim so registered, shall not exceed thirty acres: And provided also that before the next annual payment in respect of such licensed holding shall become due the license for the same shall be surrendered, and a new application be made for the whole of the land, to be included in one license, provided the whole area does not exceed thirty acres.

SPECIAL CLAIMS.

23. All special claims shall be subject to the regulations for licensed holdings (with the exception of Regulation No. 22) in addition to such other terms and conditions as may be prescribed by the Warden.

No special claim shall be amalgamated with any other special claim, licensed holding, or claim.

24. Licensed Holdings and Special Claims may be forfeited.—If any licensee or special-claim holder fails or neglects to perform any condition contained or implied in his license, or makes default for the space of sixty days in the payment of the required rent, proceedings may be taken by any person for the forfeiture of such license or special claim in the manner and form prescribed by “The Mining Act, 1891.” Application to be made in the form set forth in Schedule 4 hereto, and notice to be sent in the form set forth in Schedule 5 hereto.

EXCEPTIONS TO LICENSED HOLDINGS, SPECIAL CLAIMS, AND MINERAL LICENSES.

25. The exceptions next hereinafter appearing shall be made from all licensed holdings, special claims, and also mineral licenses granted under “The Mining Act, 1891;” and the covenants, clauses, provisoes, conditions, and agreements next hereinafter appearing shall be applicable to and shall be implied in all such licenses or special claims, that is to say,—

(a.) Right of Ingress and Egress.—Her Majesty reserves to her Government of New Zealand, and all officers and servants thereof, the right of ingress, egress, and regress to, from, and across the land hereby held as a licensed holding or special claim, and the mines thereon or thereunder, and of granting to any person or persons, or to the public, such right of ingress, egress, and regress, and of granting to any holder of a miner’s right the privilege of entering on such land for the purpose of constructing tunnels, shafts, water-races, tail-races, storm-channels, sludge-channels, tramways, or flood-races over, under, or through the said land, and of leading head-water or tail-water through the same, provided that the mining operations of the licensee or special-claim holder are not injuriously affected thereby: Provided always that all such operations shall be sanctioned by the Warden, and compensation shall be paid to the said licensee or licensees, his or their heirs, executors, administrators, and assigns, for any injury or damage sustained thereby, and the amount of such compensation (if any) shall be assessed by the Warden, and any person dissatisfied with the amount so awarded may appeal against the Warden’s decision as provided by “The Mining Act, 1891.”

(b.) Rent in Arrear, to distrain Machinery, Tools, &c.—Provided also that, if the rents, payments, dues, or duties reserved in or payable under any license shall be in arrear and unpaid for the space of thirty days next after any of the days hereinbefore fixed for payment thereof, it shall be lawful for the licensor, grantor, or any person duly authorised in that behalf, to enter upon the premises hereby held as a licensed holding or special claim, and to distrain the machinery, tools, buildings, or other property, goods, or chattels of the said licensee, for the time being in, under, or upon any part of the premises hereby held as a licensed holding or special claim, and to distrain on any property, goods, or chattels the said licensee may otherwise be possessed of, for or in respect of any such rent, dues, or duties which ought to have been paid to the licensor or any person duly authorised to receive the same, and, should such default continue for the space of sixty days, then the Warden may determine the interest of the licensee in the premises so held as aforesaid, and that without releasing such licensee or special-claim holder, his executors, administrators, or assigns, from his or their liability in respect of any rent, payments, or duties then due.

(c.) Plan or Section of Mine.—Provided also that they, the said licensee or licensees, his or their executors, administrators, or assigns, will and shall at all times during the continuance of his or their license or grant prepare and keep a proper plan or section of all the workings and actual condition of the mines and premises hereby held under license or grant, such plan to be shown to the Warden or Inspector whenever required by them; and they shall have full liberty to make or cause a tracing of such plan to be made for their records or other purposes.

(d.) Number of Men to be employed.—Provided also that he or they, the said licensee or licensees,