1940 THE NEW ZEALAND GAZETTE. [No. 90

And I make this solemn declaration conscientiously be-
lieving the same to be true, and by virtue of the provisions
of "The Justices of the Peace Act, 1882."

(Signature.)

Declared before me, at , this day of
189 — , a Justice of the Peace in and for the Colony
of New Zealand.

ALEX. WILLIS,
Clerk of the Executive Council.

Declaring Rinderpest or Cattle-plague a Disease for the Pur-
poses of "The Stock Act, 1893."—Notice No. 464.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this sixteenth
day of November, 1896.

Present:

His Excellency the Governor in Council.

I N pursuance and exercise of the powers and authorities
vested in him by "The Stock Act, 1893," His Excel-
lency the Governor of the Colony of New Zealand, acting
by and with the advice and consent of the Executive Council
of the said colony, doth hereby order and declare that the
disease known as rinderpest or cattle-plague, which affects
cattle, is a disease for the purposes of "The Stock Act,
1893," and shall be subject to the regulations made there-
under, and now in force; and it is hereby declared that
this Order in Council shall come into force from and after
the date of the publication hereof in the New Zealand
Gazette.

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations for Prospecting Licenses under "The Mining
Act Amendment Act, 1896."

GLASGOW, Governor.

I N pursuance and exercise of the powers and authorities
conferred upon me by section nine of "The Mining
Act Amendment Act, 1896" (hereinafter called "the said
Act"), and of all other powers enabling me in that behalf,
I, David, Earl of Glasgow, the Governor of the Colony of
New Zealand, do hereby make regulations as hereinafter
set forth prescribing the form and mode of application for
prospecting licenses under the said Act, the fees payable in
respect thereof, and generally for the several purposes men-
tioned in section nine of the said Act.

REGULATIONS.

1. Every applicant for a prospecting license under the
   said Act, and every holder of such license, shall be the holder
   of a miner's right.

2. Every application for a prospecting license shall be
   made in triplicate in the form in the First Schedule hereto,
   or as near thereto as practicable, to the Warden of the
   district within which the land to be prospected is situate,
   and shall be lodged in such Warden's office, with a license-
   fee of £1, by the applicant, either personally, or by a barrister
   or solicitor of the Supreme Court, or a registered mining
   agent.

3. Upon receipt of such application the Warden shall fix a
   day for the hearing thereof being not less than twenty-one
   nor more than twenty-eight days from the receipt of the
   application, and the applicant shall, in manner hereinafter
   provided, publicly notify such application, and also the day
   fixed for the hearing thereof, in the form or to the effect set
   forth in the Second Schedule hereto.

4. Such notification shall be given by advertisement,
   appearing at least once in each of two consecutive weeks in
   some newspaper published and circulated in the mining dis-
   trict wherein the land is situate, and the last appearance of
   such advertisement shall be not later than the third day
   before the day of hearing. The applicant shall also forward
   by registered letter a copy of such advertisement addressed
   to every owner and occupier of the land to which the
   application relates at his last known place of business or
   abode, and posted not later than the day after the first
   appearance thereof.

5. Copies of the newspapers containing such advertise-
   ment shall be produced to the Warden, and proof to his
   satisfaction shall be given of the due posting of the aforesaid
   registered letters, before he proceeds to hear the application.

6. In the event of more than one application being made
   for a prospecting license for the same land or any part
   thereof, the Warden shall determine which of the applicants
   shall be held to have the prior right in accordance with the
   provisions of "The Mining Act, 1891."

7. Any person objecting to the issue of a prospecting
   license shall, not later than the third day before the
   day of hearing, lodge with the Warden a full statement in
   writing of his objections, and also post by registered letter a
   copy thereof to the applicant, addressed to him at his address
   for service as set forth in the application.

8. Upon the day fixed as aforesaid for the hearing of the
   application the Warden shall proceed to hear the same and
   any objections thereto, and may examine the parties and
   their witnesses, if any; and may adjourn such hearing from
   time to time as he deems equitable.

9. If, at the hearing of the application, the Warden
   finds any such objection to be valid, he shall thereupon reject
   the application either as to the whole or part of the land
   applied for, and may also award to the objector and his wit-
   esses (if any) such reasonable costs and expenses as he
   thinks fit, and the amount thereof shall be payable by the
   applicant accordingly.

10. If the Warden disallows any objection, he may award
    to the applicant and his witnesses (if any) such reasonable
    costs and expenses as he thinks fit, and the amount thereof
    shall be payable by the objector accordingly.

11. Any award of costs and expenses may be enforced as a
    judgment in the Warden's Court.

12. If, at the hearing of the application, there is no
    objection, or if the Warden does not find any objection
    to be valid, and if there is no reason known to him
    why a license to prospect over the whole or any part of the
    land applied for should not be granted to the applicant,
    then, upon being satisfied that the applicant has either
    actually paid the assessed amount of the compensation for
    damage to the owner or occupier entitled thereto, or has
    entered into an agreement with the owner or occupier as to
    such compensation and the payment thereof, or has given
    security to the Warden's satisfaction for payment of all
    claims for compensation as they arise and are determined,
    and has also duly lodged the hereinafter-mentioned deposit,
    then the Warden may grant and issue a prospecting license
    to such applicant in the form or to the effect set forth in the
    Third Schedule hereto.

13. Every such license shall, unless sooner forfeited, con-
    tinue in force for such period not exceeding twelve months as
    the Warden granting the same prescribes, and shall be deemed
    to be issued subject to the provisions and conditions pre-
    scribed by the said Act and these regulations, including
    (as portion of these regulations) the conditions that the
    licensee will fill up all holes made by him whilst prospect-
    ing on the land, and also will not do any damage to stand-
    ing bush by fires nor to live-stock by dogs or otherwise; and
    subject also to such other terms and conditions not incon-
    sistent with the said Act and these regulations as the Warden
    thinks fit to prescribe.

14. Every person to whom a prospecting license is to be
    granted shall, before the grant or issue thereof, deposit with
    such Receiver of Gold Revenue as the Warden names in
    that behalf such sum as the Warden directs as security
    for the due fulfilment of the aforesaid condition for the
    filling-up of all holes made by him whilst prospecting
    on the land, and every such deposit shall be paid into the
    Deposit Account of such Receiver.

15. If any licensee commits any breach of any of the pro-
    visions or conditions of these regulations, subject to which
    the license is issued, he shall be liable to a penalty not
    exceeding £5, and in addition thereto his license may be
    forfeited by the convicting Court.

16. The payment of such penalty shall not relieve the
    licensee from his civil liability to the owner or occupier for
    damages.

17. The amount deposited with the Receiver of Gold
    Revenue as aforesaid shall, on the order of the adjudicating
    Court, be available towards satisfaction of any judgment
    for damages for breach of the condition referred to in
    clause 14 of these regulations, and the surplus shall be pay-
    able to the licensee on the certificate of the Warden that
    the license is expired or forfeited, and that no claims against
    such surplus are known to be outstanding.

18. Such certificate may be given by the Warden at any
    time after the expiration of twenty-eight days after the ex-
    piry or forfeiture of the license, unless he sooner receives
    notice of any outstanding claim.

SCHEDULES.

First Schedule.—Application for a Prospecting License
under "The Mining Act Amendment Act, 1896."

To the Warden at

I, , hereby apply for a prospecting license under
the provisions of "The Mining Act Amendment Act, 1896,"
over the land hereinafter described.

(Signature of Applicant.)
(Number of miner's right.)
(Occupation.)
(Address.)