1528

THE NEW ZEALAND GAZETTE.

[No. 38

40. Every coal-mine owner in the district shall file all
    notifications by the Medical Club of the sum per week pay-
    able by each member employed by him, and all receipts of
    payment to the said fund; these, together with the books
    of account relating to deductions from members’ wages and
    payments of same to the said fund, and the books of the
    post-office savings-bank account of the said fund, shall at
    all reasonable times be open to the inspection of any In-
    spector of Mines or other officer duly authorized by the
    Minister in that behalf, who may take such extracts there-
    from as he may require.
41. The trustees shall once at least in every year submit
    the books of account of the fund for audit, either to one of
    the Public Auditors appointed under the Friendly Societies
    Act, 1909, or to two persons appointed as auditors in accord-
    ance with the rules of the Medical Club, and a copy of the
    report of such audit shall be forwarded to the Minister of Mines.
42. An amount not exceeding five per cent. per annum of
    the moneys paid into the said fund may be used to meet the
    expenses of management of the said fund.
43. Every person employed in, upon, or about a coal-mine,
    the owner of which has been notified of the formation of
    the said club, shall be deemed to be members of such Medical
    Club. Employees under the age of eighteen shall be con-
    sidered as half members, and shall contribute half the rate
    paid by adult members. Members shall be entitled to benefit
    as soon as their first payments have been made.
44. When any member of a Medical Club is unable to follow
    his employment on account of sickness he shall be paid
    such sum per week and for such period as may be provided
    in the rules of the club; provided that no payment shall be
    made for the first fourteen days’ sickness.
45. Whenever any sum of money is withdrawn by the
    trustees from the said fund, the trustees shall give to the
    Inspector of Mines residing nearest to the post-office savings-
    bank where the said fund is kept full particulars of the sum
    or sums so withdrawn.
46. The Minister of Mines may from time to time, and
    subject to such conditions as he may impose, authorize the
    transfer of moneys in a Sick and Accident Fund or a Coal-
    miners’ Relief Fund to a Coal-miners’ Medical Fund for the
    benefit of such of its members as are employed in or about
    a mine.
47. An application by a Medical Club for the transfer of
    such moneys shall be made in the first place to the Minister,
    and such application shall set forth the reason why and for
    what purpose the transfer is required, and the sum to be
    transferred.
48. A proper account shall be kept of the amounts trans-
    ferred under the authority of the Minister as aforesaid,
    and of particulars of all withdrawals and disbursements
    therefrom, and a return of these transactions shall be sent to
    the Minister with a yearly return of the transactions of the
    Coal-miners’ Medical Club.

COAL-MINING LEASES AND PROSPECTING LICENSES.

49. Every application for a coal-mining lease or a license
    to prospect for coal shall be made in such of the forms
    numbered 9 and 10 as is applicable.
50. The application shall be transmitted to the office of
    the Warden (in the case of land situated in a mining district)
    or the Commissioner of Crown Lands (in the case of land
    not within a mining district) by post or otherwise, and in
    the event of its reaching the office after office hours the time
    of filing shall be deemed to be the hour when the office is next
    open for business.
51. The land applied for shall be marked out in the manner
    provided by clause 67 of these regulations; and unless this
    rule is complied with the application shall be deemed to be
    void.
52. 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.
53. When filing the application there shall also be lodged
    with the Mining Registrar or Commissioner, 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 or the Commissioner may require.
54. The sums to be lodged with the Receiver under para-
    graph (b) of subsection (1) of section 8 of the said Act, to
    abide the disposal of the application, shall, according to
    the nature of the application, be the sums set forth in
    Form 13 in the Schedule hereto:
    Provided that the sums deposited under these regulations
    as rental shall be refunded to the persons entitled thereto
    without deduction in the event of the application not being

granted.
55. The Warden or Commissioner, 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.
56. As soon as practicable after the filing of the applica-
tion and the lodging of the duplicate originals the Registrar
or Commissioner shall minute thereon the time and place
of hearing appointed by the Warden or Commissioner (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 place outside the Courthouse where
the application is to be heard.
57. 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 regis-
tered letter containing a copy of the minuted application or
of the advertisement thereof, or by delivering such copy to
him personally
58. On the day on which the application is filed, or as soon
thereafter as is practicable, the applicant shall post up on
the ground applied for, in some conspicuous position, a
duplicate original of the minuted application, and shall
there maintain the same until the day appointed for the
hearing.
59. 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 11 in the Schedule hereto, and by
serving on the applicant a duplicate original of such notice.
60. 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.
61. At any stage of the proceedings the Warden or Com-
missioner may allow the application to be amended in any
particular, upon such terms as to notices, adjournment, costs,
and otherwise as he thinks fit.
62. In any case where, in respect of any application or ob-
jection, the foregoing provisions relating to the time or mode
of giving, posting up, maintaining, or serving any notice
are not duly complied with, the Warden or Commissioner, if
satisfied that such non-compliance is not wilful, may in his
discretion waive the same, or extend the time, upon such
terms as to notices, adjournment, costs, and otherwise as he
thinkes fit.
63. If the applicant does not desire to appear, the declara-
tion referred to in paragraph (p) of subsection (1) of section 8
of the said Act shall be in the form numbered 12 in the Sche-
dule hereto.
64. All applications shall be numbered consecutively by the
Registrar according to the order of time in which they are
filed, and he shall record them in the same order and with
the same numbers in a book to be called the “Application
Record-book.”
65. The appointment and notification by the Warden or
Commissioner 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, and
may in like manner be made by any officer acting under the
general instructions of the Warden or Commissioner.
66. (1.) Every application to the Minister under section 15,
subsection (1), of the said Act, for any right in respect of the
timber, trees, metals, or minerals excepted out of any coal
lease by subsection (1) (c) and (d) of section 15 may be made
to the Warden nearest to the place where the lands are
situated, in the manner prescribed by section 8 of the said
Act, the provisions of which shall, mutatis mutandis, apply.
(2.) The Warden shall hear such application and any objec-
tions thereto, and shall forward the application to the Minister,
together with a copy of the evidence taken at the hearing and
with his recommendation thereon ; and the Minister may, in
his discretion, refuse the right applied for, or may grant the
same on such terms and conditions as he thinks fit.

MARKING-OUT.

67. The marking-out by the person who desires and is
    qualified to take up a lease or prospecting license shall be
    done by marking out the same at the boundaries of the land
    in manner following :—
    (a.) At every angle or corner of each boundary-line, or as
    near thereto as is practicable, there shall be erected
    pegs of substantial material, standing not less than
    2 ft. above the surface of the ground, and being not
    less than 3 in. square, or, in the case of a round peg,
    being not less than 3 in. in diameter.