620
THE NEW ZEALAND GAZETTE.
[No. 16

(4.) The holder of a license for a mining privilege

(5.) A workman, contractor, or tributer in respect of a mining privilege

(6.) An occupier of private land

4. With respect to every person who is by law required to have the qualification of a miner’s right, the following provisions shall apply :—

(1.) It shall be his duty to produce the miner’s right for inspection whenever requested so to do by the Warden, or any Inspector, or Receiver, or Registrar, or by any person authorised in that behalf by the Warden.

(2.) It shall at all times lie on him to prove that he has the necessary qualification by producing the miner’s right, or satisfactorily accounting for its non-production.

5. (1.) In every case where the qualification of a miner’s right is necessary in order to authorise the doing of any of the things referred to in the Mining Act or in these regulations, and any person does any of those things without having the necessary qualification, he shall acquire no right by virtue or in respect of the thing so done; and, if in any civil proceedings before the Warden or the Warden’s Court he fails by reason of not having the necessary qualification, costs shall be given against him :

Provided nevertheless that at any time within twelve months after the thing was so done (whether any proceedings are pending or not) he may acquire the necessary qualification in the manner and subject to the conditions following, that is to say,—

(a.) He may apply for such and so many antedated miners’ rights as would have conferred the necessary qualification if they had been taken out and issued on the antedates specified therein; such antedate being however, in no case more than twelve months earlier than the actual date on which the antedated miner’s right is issued.

(b.) There shall be payable in respect of each such antedated miner’s right the ordinary fee where the date of actual issue is not more than one month later than the antedate, and in any other case a special fee equal to twice the ordinary fee.

(c.) On payment of the requisite ordinary or special fees, the antedated miners’ rights shall be issued to him, bearing in each case the date of its actual issue, and also the antedate; and each such miner’s right shall, for the purposes of the Mining Act, and any former Mining Act, operate as if it had been actually issued on the antedate.

Provided that it shall not operate to relieve him from any pecuniary penalty for breach of any provision of the Mining Act or the regulations thereunder.

(d.) If the application for the antedated miner’s right is made in the course of the hearing of any application or any suit, it shall be made to the Warden before the decision in the proceedings is given, and shall not be issued unless the applicant not only pays the requisite ordinary or special fee, but also either pays or gives satisfactory security for the payment of such of the costs and expenses incurred by all other parties to the proceedings up to the time of the actual issue of the antedated miner’s right as will be rendered fruitless by reason of such issue; the amount of such costs to be fixed, if necessary, by the Warden.

(2.) The foregoing provisions of this clause shall, mutatis mutandis, apply in the case of a person who, being the holder of a mining privilege under any former Mining Act, has neglected to take out a miner’s right as required by such Act.

As to Issue of Miners’ Rights by Postmasters.

6. (1.) Miners’ rights (whether ordinary, consolidated, or antedated) may be issued by and the fees therefor may be paid to the Postmaster at any post-office appointed by the Governor for the purpose, and such payments shall be deemed as valid as if made to a Receiver of Gold Revenue.

(2.) Receipts arising from the issue of miners’ rights at a post-office shall be entered in the post-office cash-book, and treated as part of the balance due on Post Office Account to be remitted by Sub-Postmasters to Chief Postmasters, and by Chief Postmasters to credit of the Post Office Account, and then to be paid to the Colonial Treasurer as goldfields revenue.

(3.) Each Postmaster shall enter every payment on a statement-form headed “Receipts under ‘The Mining Act, 1905.’” The name of the person to whom a miner’s right is issued, together with his address, and the number and description of the miner’s right so issued, shall be entered in the body of the form.

(4.) A copy of each statement, containing the foregoing particulars, shall be made monthly and transmitted by the Postmaster who prepares the same to the nearest Receiver of Gold Revenue.

PROSPECTING.

Prospecting Warrants and Licenses.

7. The application for a prospecting warrant or prospecting license may be in such one of the forms numbered 5 to 8 in the First Schedule hereto as is applicable; and the warrant or license may be in such one of the forms numbered 9 to 14 in that Schedule as is applicable.

8. In the case of a prospecting license, the applicant shall mark out the ground in the same manner as in the case of a claim.

9. In the case of prospecting warrants or licenses relating to Native land, the following provisions shall apply :—

(1.) The applicant shall transmit the application to the Minister at Wellington, and at the same time shall forward to him £3 in the case of a warrant, and £5 in the case of a license, to abide the disposal of the application, and to be applied in or towards payment of license fee, survey fees, advertising, and other