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case of tunnels shall maintain proper supports where any road which has been in ordinary use prior to the construction of any race or tunnel crosses such race or tunnel upon being required to do so by the Warden.

17. Transfer of claims &c.

Any claim right or privilege held under these regulations may be transferred or assigned but where it is provided that any such claim right or privilege must have originally been registered the transfer or assignment thereof must also be registered at the office of the Warden and a memorandum thereof made upon the back of the original certificate.

18. Certificate may be cancelled.

If any Certificate shall have been obtained by misrepresentation or if any of the prescribed conditions have not been duly complied with the Warden may upon proof thereof cancel such Certificate or make such other order therein as may appear to be just or equitable.

19. Certificate-how cancelled.

Whenever in these regulations it is provided that a certificate shall or may be "cancelled" a memorandum of such cancellation in the Registration Book shall be conclusive evidence that such certificate has been legally cancelled.

20. Neglect of Warden's orders.*

Any person who shall neglect or refuse to comply with any written notice or order of the Warden, duly served and in conformity with these regulation shall be deemed guilty of a breach thereof and liable to the penalties imposed by the 101st section of the "Gold fields Act 1866."

21. Suspension of regulations.

If any portion of the Rules and Regulations of the Otago Gold Field shall be deemed to be inapplicable to the requirements of any district the Superintendent may if he shall think fit upon the receipt of a memorial to that effect signed by not less than 50 holders of miners' rights and business licenses residing in such district suspend the operation of any regulationor section of a regulation so for as such district is concerned and may again annul such suspension and renew the operation of such regulation or section or may substitute others in lieu thereof.

* See Section 101 Gold Fields Act, 1866.

22. Existing rights preserved.*

Nothing herein contained shall be taken to affect any existing rights or privileges.

SCHEDULE A.

LICENSE TO CONSTRUCT AND USE A RACE.

*

District of

) and terminating (

18

) and the conditions of

[Here insert names] having applied in accordance with The Gold Mining Regulations for leave to construct a water-race in length commencing ( the Goldfields Act 1866 and of the Regulations made thereunder having been complied with I hereby grant to the said person a license to construct and use the race in accordance with application.

* Here describe precise localities.

Warden.

SCHEDULE B.

FORM OF ARBITRATION.

Memorandum of an Agreement made this

A.D. 18 Between

in copartnership at

aforesaid as Miners under the style of

and Party of the one part and

carrying on business together in copartnership at

day of

carrying on business together [or us the case may be]

[or as the case may be] aforesaid as Miners under the style of

also

and Party of the other part: Whereas certain differences and disputeshave arisen and are still pending between the said parties: It is agreed by and between them that the same shall be referred to the award order and final determination of

of

and

of

and of such third Arbitrator as the said Arbitrators shall by writing under their hands endorsed on these presents before they enter upon the consideration of the matters referred nominate and appoint to act with them or any two of them So as the said Arbitrators or any two of them shall make and publish their award in writing under their hands of and con cerning the matters referred ready to be delivered to the parties or either ef them on or before the day next or on or before such further day to which the said Arbitrators or any two of them may by writing under their hands to be endorsed on these presents from time to time extend the time for making their said award And it is further agreed

that the cost of the reference and award shall be in the discretion of the said Arbitrators or any two of them who may direct to and by whom and in what manner the same or any part thereof shall be paid: And it is further agreed that this submission may be enforced by action in the Warden's

*See Sections 101, 102, 103, 104 and 113, " Gold Fields Act 1866."

Court or may be made a rule of the Supreme Court of New Zealand at the instance of either of the parties hereto: And that the witnesses on the reference and the parties hereto (if examined) shall be examined on oath: And that the said Arbitrators shall be at liberty to proceed ex parte in case either party after reasonable notice shall at any time neglect or refuse to attend on the reference without having previously shown to the said Arbitrators what the latter shall consider good and sufficient cause for omitting to attened: And that the parties respectively shall produce before the Arbitrators all books deeds papers accounts vouchers writings and documents within their possession or control which the said Arbitrators may require and call for as in their judgment relating to the matters referred: and that the parties respectively shall do all other acts necessary to enable the said Arbitrators to make a just award: And that none of them shall wilfully and wrongly do or cause to be done any act to delay or prevent the said Arbitrators from making their award: And it is further agreed that the said parties their executors and administrators shall on their respective parts in all things stand to obey abide by perform fulfil and keep the award so to be made and published as aforesaid.

In witness whereof the said parties to these presents have hereunto set their hands the day and year first aforesaid.

Signed by the above-named

in the presence of

REGULATIONS

FOR THE GRANTING OF GOLD MINING LEASES IN

THE PROVINCE OF OTAGO.

PART I.-APPLICATIONS.

1. What lands may be leased.

Auriferous Crown Lands in the Province of Otago may be leased under these Regulations except

(1.) The whole or any part of any land which any person other than the applicant is entitled to occupy and actually does occupy for mining purposes or for residence by virtue of a miner's right or business license.

(2.) The whole or any part of any land in or over which any person other than the applicant has any interest or authority other than those above mentioned which he may lawfully use or exercise for mining purposes or for discovering the existence of gold or other metal or mineral.

(3.) Lands containing within their boundaries any river stream of permanent water or spring which may be required for public purposes or for the use of miners generally.

2. Areas.

The area of ground that may be demised under any Gold Mining Lease shall not exceed ten acres in the whole of alluvial ground or an area of four hundred yards by two hundred yards on a quartz reef.

3. Boundaries of land applied for to be defined.

Persons intending to apply for a lease of auriferous Crown lands shall previous to making application as hereinafter directed erect or cause to be erected at each angle of the land proposed to be leased a post three inches square and standing at least three feet in height above the surface of the ground or where that is not

practicable a cairn of stones two feet in height shall be erected at each corner of the land and trenches not less than six inches in depth shall be cut for a distance of five feet on either side of such cairns or posts in the direction of the boundaries of the land proposed to be leased and such posts or cairns and trenches shall be maintained at the expense of the applicant until the application shall have been granted or refused.

4. Mode of Application.

Applications shall be made in the form in the Schedule hereunto annexed marked A in triplicate to the Warden of the district within which the land so applied for is situate and shall be lodged in such Warden's office by the applicant in person or his agent.

5. Costs of survey to be paid by the applicant to the
District Surveyor.

Upon receipt of such application the Warden shall
direct the applicant or his agent to pay to the District
Surveyor a sum calculated according to the scale in the
Schedule to these Regulations.

6. Survey and report to Warden.

Upon receipt of payment from the applicant the District Surveyor shall make the survey and furnish a copy to the Warden together with a report as to the area boundaries and description thereof the character of the ground the likelihood of any river creek or permanent water spring or artificial reservoir which may be included within the boundaries of the said land being required for or the feasibility of the same heing applied to public purposes or for the use of miners of the district generally and also as to any claims to prior occupancy which shall come to his knowledge inquiry as to which it shall be his duty to make while making the said survey and to furnish a plan of such land together with a tracing of so much of the general map of the district as will be sufficient to connect the particular area applied for with at least one trigonometrical station or in the absence of any such with some fixed point.

*See 12th Clause.

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