I.—7a

46

Section 352. 352. The Eeceiver of Gold Eevenue shall sue in the Warden's Court or in any other Court of competent jurisdiction for all rents, fees, or dues owing to Her Majesty, and unpaid for a period of thirty days, in respect of any mining right under this Act.

"The Mining Act Amendment Act, 1892." Section 18. 18. Section three hundred and fifty-two of the principal Act is hereby repealed, and it is hereby enacted that— " Any Eeceiver of Goldfields Eevenue within any mining district, or the Eeceiver of Land Eevenue for the land district, shall respectively have and be deemed to have had continuously since the date of the commencement of ' The Mining Act, 1886,' within their respective districts, full power in their own names respectively to sue in the Warden's Court, or in any other Court of competent jurisdiction, for all rents, fees, or dues owing to Her Majesty and unpaid for a period of thirty days in respect of any mining right, lease, or license granted or issued under this Act or the principal Act, or under any Act repealed by that Act, or by 'The Mining Act, 1886,' respectively."

"The Mining Act Amendment Act, 1895." Section 34. 34. Whenever any rent or license-fee payable under the principal Act or this Act is in arrear for one month it shall be the duty of the Mining Eegistrar of the district to send notice thereof to the person in default; but the non-sending or non-receipt of such notice shall not in any way relieve such person from any forfeiture or other penalty consequent on non-payment of such rent or fee.

" The Mining Act, 1891." Section 10. 10. The holder of any claim, special claim, licensed holding, lease, license, water-race, dam, reservoir, machine- business- or residence-site, or grant, certificate, permit, or order, held, occupied, or enjoyed under any Act of the General Assembly in force previous to the commencement of this Act, or any regulation issued thereunder, in any district in which this Act is in operation may surrender and yield up the same; and in such case such owner shall be entitled to obtain a title to the land comprised in such claim, licensed holding, lease, or license, or to such water-race, dam, or reservoir, or to such machine- business- or residence-site under this Act, which title shall have the same force and effect as though it had been originally granted under this Act. Section 71, Subsection (4). (4.) That the licensee may at any time, by writing under his hand addressed to the Warden, surrender the whole or any part of the land comprised in his license, and such surrender shall be indorsed by the Warden on such license, and therefrom the rental payable shall be proportionately reduced. But no licensee shall be entitled to make such surrender in part more than twice during the currency of his license.

EXHIBIT B. Circular to Audit Inspectors. Arrears of Bents, dc, under the Mining Acts. In the circular of the 18th March, 1897, to Audit Inspectors, as to arrears of rents, &c, under " The Mining Act, 1891," attention was drawn to the provisions of section 352 of that Act, instead of to the provisions which were substituted by the Amendment Act of 1892, and added by the Amendment Act of 1895. By the Amendment Act of 1892 the power of the Eeceivers of Gold Eevenue to sue for all rents, &c, owing for more than thirty days is continued with a wider scope, but without any express and imperative direction to sue. The Eeceivers are left more at liberty to exercise a discretion than the Act of 1891 appears to have allowed ; and the Amendment Act of 1895 imposes on the Mining Eegistrar of each district the duty of sending a notice of any rent or license-fee which is in arrear for one month to the person in default. Thus, immediately that the amount payable on account of any rent or license-fee has remained unpaid for thirty clear days from the due date of payment, it is the Mining Eegistrar's duty to send out such notice; and if, after the lapse of such an interval ol time from the date of sending the notice as is reasonably sufficient to enable the party to receive it and pay what is owing, the amount still remains unpaid, the Eeceiver is then, in the exercise of discretion, to consider what, under all the circumstances, is the best course to take in the interests of the revenue. Where there is reasonable ground for concluding that proceedings will result in recovering the arrears the Eeceiver would sue; but it would be better that the lease or license should simply be forfeited if proceedings could not be taken with the hope of any good result. Occasion should be taken of the next inspection of the office of each Eeceiver of Gold Eevenue to direct the Eeceiver's attention to the foregoing provisions of the Mining Acts with respect to overdue rents, &c. J. K. Warburton, Audit Office, 6th September, 1897. Controller and Auditor-General.