23. Proceedings in case of refusal of lease.

If any lease so applied for shall be refused, either in the first instance, or after a failure to comply with the terms of the notice in the last preceding section mentioned or if any application for a lease shall be withdrawn a notice thereof shall be published in the Provincial Government Gazette and in such newspaper as the Warden may direct and it shall be stated in such notice that such ground is open to persons holding miners’ rights or business licenses or to applicants for a lease as if no lease of the said ground had ever been applied for.

24. Costs.

All costs and expenses incurred by or on behalf of or, by direction of the Government by reason of the withdrawal of any application for mining leases or of the non-execution of any such lease within the time aforesaid shall be considered expenses within the meaning of these regulations.

25. Fine for withdrawal.

Out of the sum of twenty pounds (£20) deposited by any person making application for a gold mining lease, shall be deducted the sum of two pounds (£2) in addition to the previously authorised costs and expenses in case such person shall withdraw his application or forfeit or abandon his claim or not accept the lease within thirty days after notice by the Warden.

26. Arrears to be paid on execution of lease.

Upon the execution of every such lease the rent shall be computed and paid up to the first day of January or July next following the date to which payment has been made under the certificate and thenceforth rent shall be payable half-yearly in advance on the first day of January and the first day of July in each year.

27. Attorney may be appointed.

In case of the inability of any lessee or lessees by reason of absence, sickness or any other lawful impediment to execute a lease the lawful attorney or attorneys of such lessee or lessees shall be permitted to execute such lease for and on his or their behalf.

28. Power of attorney.

All such attorneys shall be appointed under power of attorney in the form or to the effect set forth in the Schedule hereto annexed marked F and the execution thereof shall be attested by a Justice of the Peace.

29. Rent.

Rent will be charged at the rate of Two Pounds and Ten Shillings (£2 10s.) per acre per annum and any fractional part of an acre will be considered as a full acre, and any fractional part of a month will be considered as a full month and charged for accordingly and such rent shall be payable half-yearly in advance during the term of the lease subject always to the condition set forth and expressed in Regulation No. 28.

30. Return of Deposit.

In the event of the approval of any application the unexpended balance of the amount paid by way of deposit shall with the exception of the sum of £2 to be retained as security for the withdrawal fine mentioned in Regulation 27 be returned to the applicant on payment of the first half year’s rent.

31. Sale and Assignment.

No sale or assignment other than a sale or assignment by act or operation of law of any Mining Lease or of the right title or interest therein or thereto shall be valid or effectual either at law or in equity if made without the license in writing of the Superintendent and no license to assign will be granted unless and until the lease shall have been executed by the applicant as hereinbefore required and all arrears of rent shall have been paid.

32. Registration of assignment.

Every assignment of any Gold Mining Lease shall

upon reject the application either as to the whole or a part of the land applied for and may award to the objector and his witnesses (if any) reasonable costs and expenses against the applicant and if the Warden shall disallow the objection he may award to the applicant and his witnesses (if any) costs and expenses as aforesaid and every order with respect to costs and expenses may be enforced in the same manner as if the same had been awarded in an action in the Warden’s Court.

PART V.—CERTIFICATE.

17. Warden to issue Certificate.

If at the hearing there shall be no objection or if on hearing the objection if any the Warden shall not find any such objection valid and if there be no reason known to the Warden why a lease of the whole or any part of the land applied for should not be granted to the applicant he shall issue a certificate to such applicant in the form of the Schedule hereto annexed and marked C and shall without delay forward a duplicate of such certificate together with the plan of the ground to the Superintendent.

18. Rent to be paid before issue of Certificate.

Before the issuing of any such certificate there shall be produced to the Warden a receipt for the first half year’s rent signed by the Receiver of Gold Revenue of the district.

19. Certificates to be exchanged for Leases.

The holder of any such certificate shall exchange the same for a lease whenever it is notified to him that such lease is ready for execution and if the holder of such certificate shall neglect for the space of thirty (30) days from the time of such notification to execute such lease and a counterpart thereof the said certificate shall become void and shall no longer entitle the holder thereof to possession of the land therein mentioned and after the expiration of such thirty (30) days the holder of such certificate shall if he remain in possession of such land be deemed a trespasser on Waste Lands of the Crown and may be proceeded against accordingly.

20. Form of Notice.

The notice to execute any lease shall be in the form of Schedule D hereto annexed and may be served by the Bailiff or any other person whom the Warden may authorise and he shall by certificate under his hand in the form of Schedule E hereto annexed to be endorsed on such notice certify the time and mode of such service.

PART VI.—LEASES.

21. Term of lease.

Leases will be granted upon such applications as may be approved by the Superintendent for a period of not exceeding fifteen (15) years, from the first day of January, or the first day of July next ensuing after the date of the certificate hereinbefore mentioned.

22. Execution of lease.

Upon receiving the lease, the Warden aforesaid shall cause notice in the form of Schedule D hereto annexed to be given to the lessee or lessees requesting his or their attendance at the Warden’s office, or other convenient place, to execute and take delivery thereof within a reasonable time not exceeding thirty days from the date of such notice and should the said lessee or lessees or his or their lawful attorney as hereinafter provided for fail to comply therewith or to shew reasonable cause for an extension of the time allowed for the purpose the Warden shall report the circumstances and the Superintendent may thereupon declare the lease forfeited or take such other action therein as he may think fit.