2696
THE NEW ZEALAND GAZETTE.
[No. 93

(22.) For the purpose of hearing and disposing
of the application the Warden shall sit
alone, and the practice and procedure of
the Warden’s Court relating to hearings
before the Warden and Assessors shall
not apply.

(23.) The appointment and notification by the
Warden as to the time and place for the
hearing of any application, or for the
holding of any preliminary inquiry, may
be made by him in such manner as he
thinks fit, either generally with respect
to all cases in a given Courthouse or
specifically with respect to specific cases,
and may in like manner be made by the
Registrar acting under the general in-
structions of the Warden.

SURVEYS.

34. Regulations for the time being in force re-
    lating to block and section surveys, made under “The
    Surveyors’ Institute and Board of Examiners Act,
    1908,” shall be deemed to be incorporated herewith,
    and shall be read and construed, mutatis mutandis,
    as though they formed part of these regulations, but
    shall be construed subject to these regulations.

35. Before disposing of any application the Warden
    in his discretion may order the land to which the
    application relates to be surveyed, notwithstanding
    that the area does not exceed 20 acres.

36. In every case where the land to which the
    application relates is to be surveyed, the surveyor
    appointed to make the survey shall with all prac-
    ticable despatch proceed as follows :—

(1.) He shall duly and carefully survey the
ground, and, after making all necessary
inquiries, shall furnish to the Chief Sur-
veyor for approval by him or the Chief
Draughtsman, and transmission to the
Warden, a plan of the ground, together
with a report as to—

(a.) Its areas, boundaries, description,
and character ;

(b.) The likelihood of any watercourse
or artificial reservoir within the bound-
aries being required for, or the feasibility
of the same being applied to, public
purposes or the use of miners generally
for gold-mining purposes ;

(c.) The cases in which and the extent
to which any mining privilege lawfully
held by any other person than the ap-
plicant is likely to be affected by the
grant of the application ;

(d.) Any objections of a public nature
to the granting of the application which
are disclosed by the survey ; and

(e.) Any other circumstances which, in
the opinion of the surveyor, should be
reported to the Warden to enable him
properly to deal with the application.

(2.) The approval of the aforesaid plan and
report shall be signified by memo. in
writing thereon under the hand of the
Chief Surveyor or Chief Draughtsman.

(3.) With the aforesaid plan and report the
surveyor shall also furnish to the Chief
Surveyor for transmission to the Warden
a tracing of so much of the general map
of the district as will connect the land
with at least one trigonometrical station,
or, in the absence of such station, then
with some fixed point.

37. The following general rules shall apply with
    respect to surveys :—

(1.) If the land to be surveyed affects or in-
cludes any mining privilege, private hold-
ing, building, race, or other area, whether
held or occupied under the Mining Act
or otherwise, the same must be shown
by the surveyor on the plan, and full
particulars relating thereto (including
acreages) must, as far as practicable, be
given in the surveyor’s report to the
Warden. It shall be the surveyor’s duty
to make careful inquiries respecting all
claims to prior occupancy, and, if possible,
to furnish the names of such occupants
or claimants ; but in computing the
acreage of the land surveyed it shall not
be his duty to deduct therefrom the
acreage of any land to which any such
claim to prior occupancy relates.

(2.) Every survey must be connected with a
fixed and clearly indicated survey mark
already established, such as the corner of
a section, the angle of a road, a trigo-
metrical station, or the corner of a
mining claim already surveyed. But
whenever, in forest lands, a trigono-
metrical station is within a quarter of a
mile of the mining area under survey,
connection with it must be made in pre-
ference.

(3.) If a former survey is taken as a common
boundary, it shall be the surveyor’s duty
to ascertain that the lines on the ground
conform to the recorded bearings and
dimensions of that survey. If correct it
may be adopted as data for the survey
in hand ; and if not, the discrepancy
disclosed must be reported to the Chief
Surveyor when forwarding plan of survey
for his approval.

(4.) In the survey of claims every boundary
shall be cut throughout, and every corner
shall be marked on the ground by
trenches, as described in the regulations
of the Surveyors’ Board incorporated
herewith ; but in forest lands the trenches
may be cut for a length of 3 ft. only.

(5.) All previously surveyed mining areas or
allotments that may adjoin or be within