2690

THE NEW ZEALAND GAZETTE.

[No. 93

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 civil proceedings, 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
   therefore may be paid to the Postmaster at any postoffice 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 postoffice cash-book, and treated as part of the balance
due on Post Office Account to be remitted by SubPostmasters to Chief Postmasters, and by Chief
Postmasters to credit of the Post Office Account,
and then to be paid to the Public Account as goldfields revenue.

(3.) Each Postmaster shall enter every payment
on a statement-form headed "Receipts under 'The
Mining Act, 1908.'" The name of the person to
whom a miner’s right is issued, together with his
address, and the number and description on the
miner’s right so issued, shall be entered in the body
of the form.

(4.) A copy of each statement, containing the fore-going particulars, shall be made forthwith 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 expenses connected with the application, and shall for the same purpose forward