2692

(2.) An application for a certificate of protection
or for absolute surrender may include all
the mining privileges that are held and
worked together by the applicant, and
an application for amalgamation of claims
may include all the claims to be amalgamated into one claim; but in every other
case the application shall relate only to
one mining privilege.

(3.) The application may be transmitted to the
Registrar’s office by post or otherwise,
and, in the event of its reaching his office
after office hours, the time of filing shall
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 dismiss the application upon such terms as
to costs and otherwise as he thinks fit.

(8.) The Warden, before disposing of the application, 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 accordingly, 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 conspicuous

[No. 89

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 minutted 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 application
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 practicable, the applicant shall notify every
person who to his knowledge is in occupation 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 minutted 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 practicable, the applicant shall post up on the
ground, in some conspicuous position, a
duplicate original of the minutted application, 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 terminal 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 appointed 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 Warden 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.