1162
THE NEW ZEALAND GAZETTE.
[No. 52

satisfactorily in Parts 1 and 2, and not otherwise; but if he passes satisfactorily in Part 1 only, and is not the holder of a second-class certificate, he shall be entitled to a second-class certificate.

(9.) A candidate for a second-class certificate shall be entitled thereto if he passes satisfactorily in Part 1, and he shall not be required to be examined in Part 2.

(10.) If the candidate is the holder of a second-class certificate he shall state the fact in his application, and if he passes he shall surrender his second-class certificate before receiving his first-class certificate.

(11.) The subjects of examination for certificates as battery superintendents shall be as follows:—
(a.) The different modes of reducing and pulverising ores.
(b.) Amalgamating-machines.
(c.) The use of quicksilver, and methods of using it in connection with the extraction of gold and silver from ores.
(d.) Cyanide, chlorination, and other chemical processes of recovering gold and silver from ores.
(e.) The sampling and testing of ores.
(f.) A knowledge of arithmetic and the method of keeping battery accounts.
(g.) A knowledge of Part V. of “The Mining Act, 1898”—oral.

General as to Certificates.

124. (1.) Certificates, whether by examination or without examination, shall be in such of the forms numbered 94 to 96 in the Eighth Schedule hereto as are applicable.

(2.) The Board shall keep a register of all certificates issued by it, distinguishing those issued by examination from those issued without examination.

MISCELLANEOUS PROVISIONS.

As to Service.

125. In every case where, in connection with proceedings before the Warden or in the Warden’s Court, notice of any application, objection, counterclaim, appeal, or any other document is to be served by one person or party on another person or party, then such service may be effected (a) by delivering a copy thereof to such other person or party or his registered agent personally, or (b) by leaving the same at the usual place of business or abode of such other person or party in the colony, or at his address for service, with some person appearing to be not less than fourteen years of age and to be an inmate thereof, or in charge thereof, or employed therein; or (c) by posting the same in a duly registered letter addressed to such other person or party at his address for service.

126. If service cannot conveniently be effected in any of the ways provided for in the last-preceding clause hereof, it may, if the Warden or the Clerk of the Court so directs, be effected in any of the following ways:—
     (1.) By affixing the copy in some conspicuous position upon the site of his last-known place of business or abode in the colony, or upon the site of his address for service, or, if the proceedings relate to any mining privilege or ground held, claimed, or applied for by the person or party to be served, then upon such privilege or ground; or
     (2.) By posting the copy in a duly registered letter addressed to such person or party at his last-known place of business or abode in the colony; or
     (3.) In such other manner as the Warden or the Clerk of the Court directs.

127. In case of service under the last-preceding clause hereof, a notification of the mode of service, and of the fact that it has been directed by the Warden or Clerk, shall be advertised in some newspaper published or circulating in the locality of the Courthouse in which the proceedings are being dealt with, and in such case (but subject to the provisions of the next succeeding clause hereof relating to service by post) the date on which the advertisement first appears shall be deemed to be the date of the service.

128. In every case where under these regulations service is effected by posting a registered letter, the date on which the letter would reach its address in the ordinary course of post shall be deemed to be the date of the service.

129. The foregoing provisions as to service shall not apply in the case of a summons, the mode of service whereof is prescribed by subsections (14) to (16) of section 278 of the Mining Act.

As to Tent- or Hut-ground.

130. In addition to the other privileges conferred by the Mining Act or these regulations on the holder of a miner’s right, he shall as such holder, and without application to the Warden, be entitled to personally occupy as tent- or hut-ground for his residence an area not exceeding 24 ft. frontage by 48 ft. depth on any unoccupied Crown land open for mining, not being land set apart for business- or residence-sites or land required for such sites or for mining purposes.

As to Rents, &c., payable to Owner of Land.

131. All rents, royalties, and license-fees to which the owner of land is entitled under section 58 of the Mining Act shall, when received by the Receiver, be paid by him into his Deposit Account, and there held until he can pay them over to the owner entitled thereto.

As to Receivers.

132. In every case where, under the powers in that behalf conferred by section 3 of “The Mining Act Amendment Act, 1899,” the Commissioner of Crown Lands exercises the powers and functions of the Warden and Registrar respectively, the Receiver of Land Revenue of the land district shall exercise the powers and functions of the Receiver of Gold revenue.

Forms.

133. The forms in the respective schedules hereto may be modified or adapted as the circumstances of the case require, and in any case where no suitable form appears in the schedules, such form may be used as the Warden prescribes or approves.

134. In every case where, in the exercise of the powers and functions of the Warden, the Commissioner of Crown Lands issues any license or warrant, sealing shall not be necessary.

As to Leases under Section 43 of the Mining Act.

135. The lease may be in the form numbered 97 in the Ninth Schedule hereto, with such modifications and with such additional terms and restrictions as the Governor in the case of each lease thinks fit to impose: Provided that, before granting any lease, the Governor shall refer the matter to the Warden for his report as to whether the lease should be granted, and, if so, for what term, at what rent, and subject to what conditions.

As to Determination of Questions or Disputes by Warden and Two Assessors.

136. In every case where any question or dispute is to be determined by the Warden and two Assessors, the provisions of section 7 of “The Mining Act Amendment Act, 1899,” shall mutatis mutandis apply.