135

(specify date*), upon which day I shall proceed to hear and dispose of such application.

(Signature of Warden.)

Posted by me this _ day of 186.

(Signature of the Surveyor.)

4. Registration.

At the expiration of the time specified in the notice as aforesaid, the Warden shall, if there be no valid objection thereagainst, issue a certificate of registration for the site applied for.

5. Restriction of site.

Special sites shall not be granted for any land which is known to be auriferous, unless the same has been worked out and abandoned, nor for land which is in the line or direction of any workings, or which is or may probably be required for business purposes.

6. Limitation of area.

The area granted to any person as a special site shall in no case exceed a quarter of an acre.

7. Discovery of auriferous deposits.

If any auriferous deposits shall be traced to the boundaries of, or discovered upon a special site, such site shall be dealt with in the same manner as is provided by Sections 4, 5, and 6 of Regulation XVI, relating to residence; provided always that the compensation directed to be estimated by Section 6 thereof shall only be paid in the case of sites that are or may be occupied bona fide by machinery.

XXI.—FORFEITURE AND ABANDONMENT.

1. Surplus ground to be forfeited.

If any person shall occupy a larger area of ground than that to which he is entitled under these regulations, he shall forfeit the surplus, but shall be entitled to point out a boundary peg, from which his claim shall be measured in the direction of the ground claimed by him.

2. Claims not to be forfeited by neglect of hired workmen.

No claim, right or privilege shall be deemed to be forfeited through the neglect or absence of any hired servant. Provided that if after seven (7) days notice in writing, of such neglect or absence has been given to the owner or holder thereof (either personally or by leaving the same at his last known place of residence), such neglect or absence is continued, any such claim, right or privilege shall be deemed to be abandoned, and may thereafter be dealt with as provided by the foregoing section.

3. Abandonment.

Any claim unwrought beyond the space of two (2) clear working days (unless the holder thereof shall have been excepted from the necessity of working the same by virtue of any regulation now or hereafter to be in force) shall be deemed to be abandoned, and shall be open for occupancy by any holder of a Miner’s Right without the necessity of recourse to judicial proceedings; but the original holder of the claim shall be at liberty to institute proceedings before the Warden for the recovery thereof at any time not exceeding seven (7) days from the date of such occupancy as aforesaid, and in such case he shall be at liberty to plead sickness or other urgent cause for non-working of such claim; and if sufficient cause be shown, it shall be lawful for the Warden to order restitution of the claim to the original holders upon such terms and conditions as may seem just.

4. Holidays.

The foregoing section shall not apply to any claim which may be unwrought at any period between the 20th day of December in each year and the 5th day of January next thereafter ensuing.

XXII.—GENERAL REGULATIONS.

1. Interference prohibited.

No person shall, under any pretence whatever, damage, destroy, or otherwise interfere with any race, tail-race, dam, sludge channel or drain, machine, or other appliance connected therewith, nor with any

• If machinery, state for what purpose.

claim, unless the sanction of the owners thereof, or the authority of the Warden, shall first have been obtained for such interference.

2. Throwing earth or tailings on claims.

No person shall throw or cause to be thrown upon any claim other than his own, any earth, stones, gravel, tailings or any other substance, whereby the proper and efficient working of such other claim may be stopped or impeded: Provided that any person taking up a claim where tailings are being discharged, shall make provision to carry such tailings through or by his claim in such manner as shall not impede the discharge thereof.

3. Interference with pegs and notices.

No person shall alter the position of any trench nor remove any peg from a claim in the occupation of any other person, nor deface, destroy, or remove any notice posted in accordance with these Regulations, nor interfere with any mark or boundary.

4. Stacking auriferous substances.

Any person wishing to retain possession of auriferous substances, may have the same protected for a period not exceeding three months, provided that such substance is properly stacked on ground not supposed to be adapted to mining purposes, and that a board, with the owner’s name, address, and date of stacking, legibly written or painted thereon, be posted close to such stack.

5. Compensation may be adjusted.

In all cases of forfeiture, the Warden may adjudge compensation to be paid by the person to whom any claim or right may be awarded, and to appoint a time within which such payment shall be made; provided that such compensation shall not exceed in amount two-thirds of the estimated value of any work actually performed thereon or in connection therewith.

6. Permission to enter claims.

The Warden shall have power to authorise the entry of any surveyor or assessor into and upon any claim for the purpose of measuring the depth of any shaft, or the dip, direction, inclination, or length of any tunnel or drive.

7. Notices to contain full particulars.

All notices tendered or posted in conformity with these Regulations must contain the name in full of each member of the party, together with date, number, and place of issue of his Miner’s Right.

8. Notices to be posted at the Warden’s offices.

Copies of all notices given in conformity with these Regulations shall be posted by the Warden at his office, and exhibited on the outside thereof during the currency of such notice; provided that non-compliance with this rule shall not invalidate the proceedings in relation to any application.

9. Declaration to be made.

That in all cases where the Regulations require notice be given or posted, it shall be necessary for every applicant, before his certificate shall be granted, to make a declaration of the truth of the particulars contained in such notice, and that he has served and posted such notices, and marked his application as required by the Regulations.

10. Mode of Arbitration.

In all cases where arbitration is permitted by these Regulations, an arbiter shall be appointed by each party in writing, and an umpire shall be chosen by the arbiters in writing, before they shall enter upon the reference, and each party shall sign an agreement of reference in the form hereinafter prescribed; and if any arbiter or umpire that may be appointed shall die, refuse or neglect to act, another person shall forthwith be appointed to supply the place of the person so dying, refusing or neglecting to act, in the same manner as such last-mentioned person was appointed: and the award of such arbiter or arbiters and umpire, may be enforced by an action upon such award in the Warden’s Court.

11. Certificate may be cancelled.

If any Certificate shall have been obtained by misr-