1468
THE NEW ZEALAND GAZETTE.
[No. 97

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 XXIV.—FORFEITURE AND
ABANDONMENT.

217. Surplus Ground to be forfeited.—If any
     person shall occupy a larger area of ground than
     that to which he is entitled under these regula-
     tions, 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 occupier 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.

218. 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 there-
     with 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 com-
     plied 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).

219. Abandonment of Unregistered Rights.—
     Any unregistered claim, site, right, or privilege
     held under “The Mining Act, 1891,” 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 neg-
     lected for the space of forty-eight hours, un-
     less protected within the meaning of these regula-
     tions.

220. Any registered claim, site, right, or privi-
     lege held under “The Mining Act, 1891,” 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 neg-
     lected 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.

221. 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 unavoid-
     able absence of any person, nor of failure of
     water, or other natural contingency.

222. Certificate or License may be cancelled.—
     If any certificate or license shall have been ob-
     tained by misrepresentation, or if any of the pre-
     scribed 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 and equi-
     table.

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

224. Removal of Plant in case of Forfeiture.—
     All provisions of these regulations relating to for-
     feiture and abandonment, or removal, notwith-
     standing, no person shall be entitled to take pos-
     session of any claim or area in or upon which
     valuable plant may be placed or laid down, with-
     out first obtaining the written sanction of the
     Warden, and in such case the owner shall be
     allowed time to remove his property, as provided
     by section 142 of “The Mining Act, 1891.”

PART XXV.—SURVEY.

225. Survey may be required.—At, or at any
     time prior to, the hearing of any application or
     objection, it shall be competent for the Warden
     to order that a survey be made, and in such
     case the hearing of the application shall be
     adjourned to such time and place as may be con-
     venient.

226. Cost of Survey.—In any case wherein
     survey may be demanded by either the applicant
     or objector, there shall be first deposited with
     the Receiver of Gold Revenue the cost of such
     survey; and the Warden on hearing the case
     shall order at whose expense such survey shall
     have been made, and such order shall have the
     same effect as a judgment of the Warden’s Court,
     and be enforced in like manner.

The fees chargeable for surveys of any land
within a mining district shall be in accordance
with scale of fees set forth in Schedule 41
hereto; but, if such fees are not sufficient to cover
the cost of survey, a further sum will have to be
paid, as provided in clause 6 of these regulations.

227. It shall be competent for any authorised
     surveyor to have his name registered as a sur-
     veyor in a register to be kept in the Warden’s
     office for that purpose, and such surveyor may
     apply in writing to the Warden to be so regis-
     tered. Prior to authorising such registration, the
     Warden shall submit such application to the Dis-
     trict Surveyor, or, where there is no District
     Surveyor, then to the Chief Surveyor of the land
     district; and such District Surveyor or Chief
     Surveyor may advise the Warden thereon.

228. In cases where any survey is required
     under the Act or regulations, or which may be
     ordered by the Warden, the District Surveyor, or,
     where there is no such officer, the Chief Surveyor
     of the land district, shall make or cause to be
     made a survey and plan of, and report on, the
     licensed holding, special claim, claim, site, area, or
     right applied for. If, however, in the opinion of
     the Warden such District Surveyor or Chief Sur-
     veyor is unable to make such survey and report
     or cause the same to be made by any surveyor
     in the employ of the Government within the
     time required, and so that the Warden may deal
     with the application for such licensed holding,
     special claim, claim, site, area, or right at the
     time fixed for the hearing of the same, it shall be
     competent for the Warden to appoint any autho-
     riséd surveyor, so registered as aforesaid, to make