3176

THE NEW ZEALAND GAZETTE.

[No. 76

(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 Regis-
trar requests or the Warden prescribes.

(7.) The sums to be lodged with the Receiver under para-
graph (b) of section 169 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
Sixth 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 de-
m and in writing by the Receiver, lodge such further
sum as is specified in the demand; and if such de-
mand 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 en-
titled thereto.

(9.) As soon as practicable after the filing of the application
and the lodging of the duplicate originals, the Regis-
trat 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 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 authorizing 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 ex-
pense, 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 appli-
cation relates, or of the Courthouse where the appli-
cation 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 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 practicable, the applicant shall
post up on the ground, in some conspicuous position,
a duplicate. original of the minuted application, and
shall there maintain the same until the day appointed
for the hearing.

(13.) Such duplicate original shall be posted up and main-
tained 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.

(17.) If any case where, in respect of any application or
objection, 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, 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 thinks fit.

(18.) If the applicant does not desire to appear, the declara-
tion referred to in paragraph (r) of section 169 of
the Mining Act may be in the form numbered 28 in
the First Schedule hereto.

(19.) 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.”

(20.) If the application is for a license for a mining privilege,
the license may be in such one of the forms numbered
29 to 38 in the First Schedule hereto as is applicable,
or, if none of those forms be applicable, then in such
form as the Warden describes or authorizes :

Provided that in no case shall the license be for
more than one mining privilege.

(21.) If the application is for a license for a mining privilege,
and the land applied for exceeds the maximum area
that may lawfully be held, the following provisions
shall apply :—

(a.) At any time before the license is granted, or,
if the license has been granted, then at any time
before proceedings for forfeiture are instituted, the
applicant or licensee, with the consent of the War-
den, and upon such terms as to costs, adjournment,
re-marking, and otherwise as the Warden thinks fit,
may discard the area in excess.

(b.) If the area in excess is discarded as aforesaid,
then the application, or, if the license has been issued,
then the license and the register, shall be duly rectified
as the Warden directs for the purpose of eliminating
the discarded area.

(22.) For the purpose of hearing and disposing of the appli-
cation the Warden shall sit alone, and the practice
and procedure of the Warden’s Court relating to hear-
ings 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 applica-
tion, 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 instructions
of the Warden.

SURVEYS.

34. Regulations for the time being in force, relating to block
    and section surveys, made under the Surveyors’ Institute and
    Board of Examiners Act, 1908, shall be deemed to be incor-
    porated 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 practicable despatch proceed as follows :—

(1.) He shall duly and carefully survey the ground, and,
after making all necessary inquiries, shall furnish to
the Chief Surveyor 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 cha-
racter;

(b.) The likelihood of any watercourse or artificial
reservoir within the boundaries being required for,