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thirty-eight of these Regulations, and which shall after such declaration be found to be auriferous.

47. It shall further be lawful for the Waste Lands Board to declare the land so withdrawn open for sale again, in accordance with the Regulations hereinbefore contained, at their discretion: Provided always that three months’ notice of such sale as last aforesaid shall be previously given in the County of Westland Gazette.

XII.—Gold Fields.

48. Every mining claim on private land shall be registered in the office of the Warden of the district within which such land is situated before being entered upon for mining; and the fee for such registration shall be ten shillings.

49. The mode of registration shall be by depositing with the Warden of the district a written contract entered into by the miner and the owner of the property, or if there be no such contract then an award given by arbitrators or an umpire, as hereinafter provided, and together with such contract or award a plan of the claim and of the property within which such claim is situated, signed by the Mining Surveyor. And the Warden shall thereupon issue a certificate in the form given in Schedule E.

50. No miner shall be allowed to occupy for mining purposes any ground covered by any dwelling-house, garden, or any yard or other enclosure attached to any dwelling-house, unless a written contract shall have been entered into by himself and the owner of such building, garden, yard, or other enclosure.

51. No miner shall be allowed to use any part of any private land for any other purpose but that of actual mining, or the performance of necessary operations connected with mining, except under the terms of a contract entered into by himself and the owner of such private land.

52. If there be no contract entered into by the miner with the owner of the land intended to be occupied for mining purposes, and the land be not such as is mentioned in clause 50 of these Regulations, the matter shall be referred to arbitration in the following manner:

53. The miner shall first of all give written notice in the form in Schedule F, to the owner of the property, or if after diligent inquiry no such owner can be found, then to the occupier of such property, and shall also give notice in the form contained in Schedule F to the Warden of the district, and shall also pay to the Warden a sum of five pounds to defray the expenses of survey.

54. Upon receiving such notice and such sums of money as provided in the last section, the Warden shall forthwith instruct the Mining Surveyor to survey the ground applied for. And the miner shall accompany the Mining Surveyor, and point out the boundaries of the claim for which he applies. And the Mining Surveyor shall furnish to the miner a plan of the claim and of the property within which it is situated, and shall also furnish to the Warden a tracing of such plan, and a report stating whether the claim applied for interferes with any building, garden, yard, enclosure, or any other property of a special nature.

55. Within fourteen clear days after the delivery of notices by the miner to the owner or occupier, and to the Warden as provided in section 53, the miner and owner shall each appoint in writing one person to act as arbitrator, and shall state in writing to the Warden the name of the person so appointed. And if the miner fail to appoint an arbitrator within fourteen clear days, his application shall be forfeited. And if the owner or occupier fail to appoint an arbitrator within fourteen clear days, then the Warden shall appoint an arbitrator in his behalf. The arbitrators so appointed shall forthwith appoint an umpire, and their award or the award of the umpire shall be given within twenty-one clear days from the delivery of the notice as provided in section 53. And if the arbitrators fail to appoint an umpire, or if the award of the arbitrators or umpire be not given within twenty-one clear days as aforesaid, the Warden shall act as sole arbitrator, or shall appoint some other person to act as sole arbitrator: Provided that the Warden may, upon good cause being shown, extend the time for making the award, but no such extension shall exceed seven days in addition to the twenty-one days fixed in this section.

56. The decision of the arbitrators or umpire, or of the Warden or other person appointed by him acting as sole arbitrator, shall be final and beyond any appeal, except on the ground of fraud, and every such decision shall be recorded in the Warden’s Court, and shall be enforced in the same manner as a judgment of that Court.

57. The award shall state the value of the land to be used as a claim, the amount to be deposited to cover the costs of restoring the surface of the ground, the special compensation, if any, to be paid to the owner for