XXV.—FORFEITURE AND ABANDONMENT.

1. Simpie ground to be forfeited.

No person shall occupy a larger area of ground than that to which he is entitled under these regulations and in case any person shall be found to have included within his boundaries any such excessive area 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. Abandonment.

Any claim unwrought beyond the space of two (2) clear working days (unless the holder thereof shall have been exempted 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 show it shall be lawful for the Warden to order restitution of the claim to the original holder upon such terms and conditions as may seem just.

3. Cancellation of Certificates &c.

Notwithstanding anything in the foregoing section contained no person shall be entitled to take possession of any claim held under any license certificate or other authority in writing of a Warden unless or until such license certificate or other authority in writing shall have been cancelled.

4. Claims not to be forfeited by neglect of hired servants.

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 sections.

5. Holders.

Section 2 of this Regulation shall not apply to any claim which may be unwrought at any period between the 30th day of December in each year and the 5th day of January next thereafter ensuing.

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

2. Depositing earth or tailings on claims.

No person shall deposit or cause to be deposited 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 adjudged.

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 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. Removal of Plant in case of Forfeiture.

All provisions of these Regulations relating to forfeiture and abandonment or removal notwithstanding no person shall be entitled to take possession of any claim in or upon which valuable plant may be placed or laid down without first obtaining the sanction of the Warden and in such case the owner shall be allowed a reasonable time to remove his property provided that should such plant consist in the whole or in part of timber so fixed to the soil that it cannot be removed the Warden may order the person to whom the claim shall be adjudged to pay the value of such timber and such value shall if necessary be determined by arbitration.

7. 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.

8. 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 his residence and the date and number of his Miner’s Right.

9. Notice to be lodged at the Warden’s office.

A copy of every notice given in conformity with these Regulations shall be kept for reference at the Warden’s office during the currency of such notice provided that non-compliance with this rule shall not invalidate the proceedings in relation to any application.

10. Survey.

Wherever it is required by these Regulations that a survey should be made the Warden may authorise and appoint any capable person to make the necessary survey and such survey shall for all the purposes of these Regulations be taken and accepted as sufficient.

11. 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 before they shall enter upon the reference and each party shall sign an agreement of reference in the form hereinafter prescribed by Schedule B and if any arbiter or umpire that may be appointed shall 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.

12. Holders of Claims entitled to all Discoveries within the boundaries.

The holder of any mining claim shall be entitled to all gold discoveries and workings within the boundaries.