3190.                                                             THE NEW ZEALAND GAZETTE.                                                                  [No. 76

for service, or, if the proceedings relate to any
mining privilege or ground held, claimed, or applied
for by the person or party to be served, then upon
such privilege or ground ; or
(2.) By posting the copy in a duly registered letter addressed
to such person or party at his last known place of
business or abode in the Dominion ; or
(3.) In such other manner as the Warden or the Clerk of
the Court directs.

137. In case of service under the last preceding clause
     hereof, a notification of the mode of service, and of the fact
     that it has been directed by the Warden or Clerk, shall be
     advertised in some newspaper published or circulating in the
     locality of the Courthouse in which the proceedings are being
     dealt with, and in such case (but subject to the provisions of
     the next succeeding clause hereof relating to service by post)
     the date on which the advertisement first appears shall be
     deemed to be the date of the service.

138. In every case where under these regulations service
     is effected by posting a registered letter, the date on which
     the letter would reach its address in the ordinary course of
     post shall be deemed to be the date of the service.

139. The foregoing provisions as to service shall not apply
     in the case of a summons the mode of service whereof is
     prescribed by subsections (14) to (19) of section 363 of the
     Mining Act.

140. In the case of a summons where the defendant is
     beyond the limits of the Dominion, but has an agent within
     the Dominion authorized to defend actions, service may, by
     leave of the Court, be made upon such agent.

As to Tent or Hut Ground.

141. In addition to the other privileges conferred by the
     Mining Act or these regulations on the holder of a miner’s
     right, he shall as such holder, and without application to the
     Warden, be entitled to personally occupy as tent or hut ground
     for his residence an area not exceeding 24 ft. frontage by
     48 ft. depth on any unoccupied Crown land open for mining,
     not being land set apart for business or residence sites or land
     required for such sites or for mining purposes.

As to Sanitary Provisions.

142. The holders of all residence or business sites or of tent
     or hut grounds shall comply with all sanitary regulations
     prescribed by any local authority having jurisdiction over
     such sites or grounds, and also with all the provisions of the
     Health Act, 1920, or its amendments relating thereto.

As to Rents, &c., payable to Owner of Land.

143. All rents, royalties, and license fees to which the owner
     of land is entitled under section 60 of the Mining Act shall,
     when received by the Receiver, be paid by him into his Deposit
     Account, and there held until he can pay them over to the
     owner entitled thereto.

As to Receivers.

144. In every case where, under the powers in that behalf
     conferred by section 171 of the Mining Act, the Commissioner
     of Crown Lands exercises the powers and functions of the
     Warden and Registrar respectively, the Receiver of Land
     Revenue of the land district shall exercise the powers and
     functions of the Receiver of Gold Revenue.

As to Appeals.

145. The result of every appeal under section 366 of the
     Mining Act shall be forthwith communicated to the Clerk
     of the Court from which the appeal was made by certificate
     under the hand of the Clerk of the Appellate Court and the
     seal of his Court.

Mining Agents.

146. All mining agents duly registered under any former
     Mining Act shall be deemed to be duly registered under the
     Mining Act, 1926, and shall be liable to pay the annual
     registration fee hereinafter prescribed.

147. Any person desirous of being registered as a mining
     agent under section 363 of the Mining Act shall make application in writing in the Form No. 98 in the Fifth Schedule
     hereto, which application shall be publicly notified by and at
     the expense of the applicant by advertisement twice at least
     in one or more newspapers circulating in the district.

148. Such application shall state the particular mining
     district, or the particular localities within such district, to
     which the application is intended to relate.

149. An application shall not be granted authorizing any
     mining agent to appear in any Warden’s Court held outside
     the mining district for which he is registered.

150. Before granting any application for registration as a
     mining agent the Warden shall satisfy himself as to the applicant’s knowledge in respect to the general mining law of the
     Dominion, particularly treating of the following subjects :—
     (a.) The classes of land in respect of which mining privileges
     may be granted pursuant to the Mining Act.
     (b.) Miners’ rights.
     (c.) The different classes of mining privileges, and their
     protection, amalgamation, and exchange, as well as
     the procedure to be adopted in applying therefor.
     (d.) The procedure of the Warden’s Court.
     (e.) Forfeiture by decree of the Court.
     (f.) Abandonment of mining privileges.

151. Every application to be registered as a mining agent,
     and every application to cancel such registration, shall be
     publicly heard.

152. Immediately on the grant of an application to be
     registered as a mining agent, the Warden shall issue to the
     applicant a license in the Form No. 99 in the Fifth Schedule
     hereto.

153. (1.) There shall be payable to the Clerk of the Warden’s
     Court by every mining agent an annual license fee of £1 1s.,
     payable on the first day of January in each year :
     Provided that if any application for registration is granted
     after the first day of July in any year there shall only be payable in respect of the remainder of that year a fee of 10s. 6d.
     (2.) In default of payment for a period of thirty days the
     agent shall be suspended until the fee is paid.
     (3.) All such fees shall be paid to the Receiver of Gold
     Revenue.

154. The registration of any person as a mining agent shall
     not be cancelled until after a public inquiry, of which due
     notice is given to all persons concerned. An application to
     cancel such registration may be in the Form No. 100 in the
     Fifth Schedule hereto.

155. The fees set out in the Sixth Schedule hereto may
     be allowed to either party in respect of any registered mining
     agent lawfully appearing and acting in any proceedings
     under the Mining Act.

156. The procedure prescribed by the Mining Act and these
     regulations in respect of applications for mining privileges,
     and objections thereto, shall, mutatis mutandis, apply to all
     applications and objections filed and lodged pursuant to these
     regulations relating to mining agents.

Forms.

157. The forms in the respective Schedules hereto may be
     modified or adapted as the circumstances of the case require,
     and in any case where no suitable form appears in the Schedules
     such form may be used as the Warden prescribes or approves.

158. In every case where, in the exercise of the powers and
     functions of the Warden, the Commissioner of Crown Lands
     issues any license or warrant sealing shall not be necessary.

As to Determination of Questions or Disputes by Warden and
Two Assessors.

159. In every case where any question or dispute is to be
     determined by the Warden and two Assessors, the provisions
     of section 119 of the Mining Act shall, mutatis mutandis, apply.

Purchase and Sale of Gold and Registration of Gold-buyers.

160. Any person, other than an incorporated bank, desirous
     of obtaining a gold-dealer’s license shall, at least thirty days
     before the hearing, lodge with the Warden an application in
     duplicate in the Form No. 101 in the Fifth Schedule hereto
     together with a fee of £1.

161. The duplicate shall, on the day of the receipt thereof
     by the Mining Registrar or Clerk of the Court, be posted in a
     conspicuous place either within or without the Court, and
     shall be kept posted, legible, and intact until the day of
     hearing of the application. Before the hearing of the application the Registrar shall obtain a report on the application
     from the Inspector of Mines of the district.

162. The applicant shall forthwith cause a copy of his
     application to be published in two consecutive issues of a local
     newspaper, and shall also keep a copy posted until the hearing
     in a conspicuous place on the building in which he intends to
     carry on his business as a licensed gold-dealer: Applicants for
     the renewal of gold-dealers’ licenses shall not be required to
     advertise when applying for renewals of their licenses.

163. Any person may, either before or at the hearing of an
     application, object to the issue of a gold-dealer’s license to
     any applicant :
     Provided that any objection may be communicated to the
     Warden or to the Minister by ordinary letter through the post ;
     and, for the purpose of making due inquiry into the grounds
     of such objection, the Warden or Minister may defer dealing
     with the application for such period as may be necessary.