Dec. 29.] THE NEW ZEALAND GAZETTE. 1449

cant shall also publish in a newspaper circulating
in the district or nearest to the district in which
the land shall be situated, or, if two or more such
newspapers shall circulate equally near thereto,
then in any one of them, and seven days at least
previous to the day of making his application,
a notice containing the matter in the form in
Schedule 6 hereto.

36. The applicant shall at the time of making
    his application deposit with the Receiver of Gold
    Revenue, or, if there be no such Receiver, with
    the Warden, such sum for survey and all necessary
    expenses in connection with the land comprised
    in his application as prescribed in Schedule 41 to
    these regulations, and also a further sum of £7 to
    cover the cost of advertising and other expenses.
    Any portion of such sum which shall remain after
    such payments shall be returned to the applicant ;
    but if the applicant shall neglect or refuse to take
    delivery of the license, then the surplus remain-
    ing after any such payments shall have been made
    shall be forfeited.

37. If any person shall be in occupation, for the
    purpose of residence, of the land applied for, or
    any part thereof, the applicant shall, previously
    to applying for the license, obtain from such per-
    son his written consent, duly witnessed, to the
    grant of such application.

38. Application for License.—The applicant shall
    then, but within fourteen days after the erection
    of such marks as aforesaid, and after the lapse of
    seven days from the day of such publication in a
    newspaper as aforesaid, apply for the required
    license in the following manner: that is to say, he
    shall leave with the Warden an application in
    duplicate, in the form in Schedule 7 hereto; and
    the Warden shall, as soon thereafter as it may
    conveniently be done, enter, or cause to be entered,
    in a book to be kept by him for the purpose, a copy
    of such application, numbered according to the
    order in which it shall have been received,
    with a memorandum of the day and hour of such
    receipt, and such day and hour he shall also in-
    dorse upon such application, and he shall there-
    upon return the said receipt to the applicant, and
    give to him a certificate in the form in the Sche-
    dule 8 hereto, and the Warden shall forward a
    copy of such application to the Commissioner of
    Crown Lands of the land district in which the
    land applied for is situate.

39. Priority of Application.—In the event of
    more than one application being made for the
    same land or any part thereof, the Warden shall
    determine which of the applicants shall be held to
    have the prior right; and in so doing shall be
    guided by priority of occupation, provided that it
    shall be shown that the prior occupant has lodged
    his application on the same date as the other
    applicants.

40. Upon receipt of any such application the
    Warden shall appoint a day for the hearing there-
    of, and shall give public notice of such application
    in one or more newspapers published in the dis-
    trict, in the form of Schedule 9 hereto.

41. Official Survey.—Upon the receipt by the
    Warden of the application, and the deposit of the
    money as aforesaid, the said Warden shall for-
    ward a copy of the application to the District
    Surveyor, or, where 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 a survey
    to be made by an authorised surveyor of
    the land applied for, and report as to the
    area, boundaries, and description thereof, the
    character of the ground, and extent of the
    surface thereof in respect of which he shall
    consider the license applied for ought to be
    granted, having regard to the nature of the
    minerals or metals intended to be mined for;
    also setting forth as accurately as may be the
    minerals or metals which it is supposed to
    contain, as also 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 the miners of the dis-
    trict generally; also as to any claims to prior
    occupancy, respecting which he shall make in-
    quiry while making the survey; and such report
    shall be accompanied by a plan of the land ap-
    plied for on the scale of two chains to the inch,
    showing whether the land is applied for on or
    below or both on and below the surface, together
    with a map of so much of the district within
    which the land shall lie, on a scale of 2in. to a
    mile, as will suffice for showing the situation of
    the particular area applied for with respect to at
    least one fixed point in the district.

42. The said Surveyor shall, after having ob-
    tained such direction as aforesaid, proceed with
    all reasonable speed to carry out the same, and he
    shall also mark out the land applied for, by fixing
    at each angle thereof, or as near as possible
    thereto, and in or near the middle of the side
    lines thereof, a sufficiently distinguishing and
    distinctive mark, standing at least 3ft. above the
    surface of the ground; and he shall also mark
    out that portion of the surface of the said land in
    respect of which he shall consider the license
    applied for ought to be effective, both on and
    below the surface, by fixing at each angle of such
    portion, or as near as possible thereto, and in or
    near to the middle of each of the boundary-lines
    thereof, another sufficiently distinguishing mark,
    distinctively different from the mark hereinbefore
    mentioned, standing at least 3ft. above the sur-
    face of the ground; and shall securely affix upon
    some convenient place within the boundaries
    of the land applied for a notice, dated on the
    day of the completion of the survey, in the form
    of Schedule 9 hereto; and shall also, as soon as he
    conveniently can after having made the survey,
    post a similar notice, but altered as by the said
    schedule directed, and dated on the same day
    as the notice to be posted on the ground as afore-
    said, on the outside of his office, and at the post-
    office nearest to the land applied for, or, if there
    shall be a Warden's Court nearer to the said land
    than such post-office, then at such Warden's
    Court.

43. Objections.—Any person objecting to the
    issue of such license to any applicant shall, within
    twenty-one clear days after the date of the notice
    to be posted on the land by the Surveyor as afore-
    said, lodge with the Warden, and also forward to
    the applicant at the address stated in such notice
    posted as aforesaid, and within the period afore-
    said, full notice in writing of all objections