624
THE NEW ZEALAND GAZETTE.
[No. 16

be deemed to be the hour when the office
is next open for business.

(4.) If the application is for a claim or other
mining privilege requiring to be marked
out, it shall be marked out before the
application is filed; and unless this rule
is complied with the application shall be
deemed to be void.

(5.) The application shall in every case contain
an address for service, which shall be in
the same district as the office in which
the application is filed, and all notices to
be served on the applicant shall be deemed
to be validly served if served at such
address.

(6.) When filing the application there shall also
be lodged with the Registrar by or on
behalf of the applicant such number of
duplicate originals thereof, being in no
case less than two nor more than five, as
the Registrar requests or the Warden
prescribes.

(7.) The sums to be lodged with the Receiver
under subsection (b) of section 165 of
the Mining Act, to abide the disposal of
the application, shall, according to the
nature of the application, be the sums set
forth in the Second Schedule hereto, or,
in so far as that Schedule does not apply,
then such sums as the Warden or the
Receiver directs :

Provided that, in every case where it
appears to the Warden or Receiver that
the sums so lodged are insufficient, the
applicant shall forthwith, after demand
in writing by the Receiver, lodge such
further sum as is specified in the demand ;
and if such demand is not complied with
the Warden may either postpone or dis-
miss the application, upon such terms as

to costs and otherwise as he thinks fit.

(8.) The Warden before disposing of the appli-
cation shall satisfy himself that the sums
lodged as aforesaid are sufficient to pay all
fees and other charges in respect whereof
the lodgment has been made, and they
shall be applied in payment thereof ac-
cordingly, and the surplus (if any) shall
be returned to the person entitled thereto.

(9.) As soon as practicable after the filing of
the application and the lodging of the
duplicate originals, the Registrar shall
minute thereon the time and place of
hearing appointed by the Warden (such
time being not less than the sixteenth
day after the day of the filing of the
application), and, for public information,
shall affix one of the duplicates, or an
abstract of its subject-matter, in a con-
spicuous place outside the Courthouse
where the application is to be heard.

(10.) In every case where the application is for
the grant of a special claim comprising
more than 20 acres, or of a water-race
authorising the diversion of more than
ten heads of water, or of a main tail-
race, the Warden shall, and in any other
case he may in his discretion, but in
every case at the applicant’s expense,
publicly notify the minuted application
by advertising a copy thereof not less
than twice in one or more newspapers

printed and published in or nearest to
the locality of the land to which the ap-
plication relates, or of the Courthouse
where the application is to be heard.

(11.) On the day on which the application is
filed, or as soon thereafter as is prac-
ticable, the applicant shall notify every
person who to his knowledge is in occu-
pation of the land, or any part of the
land, comprised in the application, or
has any estate or interest therein, or
any interest which will be obviously
affected by the grant of the application,
by posting to him at his last known
place of business or abode a registered
letter containing a copy of the minuted
application or of the advertisement
thereof, or by delivering such copy to
him personally.

(12.) On the day on which the application is
filed, or as soon thereafter as is practi-
cable, the applicant shall post up on the
ground, in some conspicuous position, a
duplicate original of the minuted appli-
cation, and shall there maintain the same
until the day appointed for the hearing.

(13.) Such duplicate original shall be posted up
and maintained as aforesaid—

(a.) In the case of a water-race, at each
point of intake, and also at the terminal
point ;

(b.) In the case of a tail-race, a road,
or a tramway, at the starting and ter-
minal points ;

(c.) In the case of a tunnel, at the
starting-point ;

(14.) If any person desires to object to the
application he shall, by himself, his
solicitor, or registered agent, not later
than three days before the time ap-
pointed for the hearing, give notice
thereof, by filing in the Registrar’s office
a notice in the form numbered 27 in
the First Schedule hereto, and by serving
on the applicant a duplicate original of
such notice.

(15.) Such notice shall in every case contain
an address for service, which shall be
in the same district as the office in which
the notice is filed, and all notices to be
served on the objector shall be deemed
to be validly served if served at such
address.

(16.) At any stage of the proceedings the War-
den may require the applicant to furnish
a sketch-plan of the land to which the
application relates, and also may allow
the application to be amended in any
particular upon such terms as to notices,
adjournment, costs, and otherwise as he
thinks fit.

(17.) If any case where, in respect of any appli-
cation or objection, the foregoing provi-
sions relating to the time or mode of
giving, posting up, maintaining, or serving
any notice are not duly complied with,
the Warden, if satisfied that such non-
compliance is not wilful, may in his dis-
cretion waive the same, or extend the
time, upon such terms as to notices,
adjournment, costs, and otherwise as he
thinks fit.