AUCKLAND PROVINCIAL GOVERNMENT GAZETTE.

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over or across any gully, creek, reef, claim, or race, or act whatsoever by means of which such water may be defiled or rendered unfit for domestic purposes.

A notice to that effect shall be posted on the ground and outside the Warden’s Office for seven (7) days, after which period the Warden shall determine whether such road, tramway, bridge, or crossing place is necessary, and if he agrees to its formation, he shall then fix, or cause to be fixed, the exact line thereof. Provided that no such road, tramway, or crossing place, shall be made over or through any mining claim unless compensation for damage or loss shall be immediately paid or tendered to the owner thereof. In the event of the parties concerned not agreeing as to the amount of such compensation, the same shall be ascertained and determined by the Warden. Provided further that such road, bridge, or crossing-place shall be of a breadth, where practicable, of not less than fifteen (15) feet, and be so constructed that no injury shall accrue to any head-race, tail-race, drain, creek, or culvert passing under it.

Roads not to be damaged by undermining.

72. No person shall dig within the distance of five (5) feet from the nearest wheel track of any road, or drive underneath the same, unless the drive shall be more than twelve (12) feet beneath the surface of the road, and shall be securely timbered, nor shall any person interfere with such road.

Protection of claims and terms of protection.

73. Permission to retain a claim unworked may be granted by the Warden on the report of the Mining Inspector, and the same shall be thereon protected for such time as the Warden shall think fit, not exceeding three months.

Any miner wishing to retain possession of quartz or other auriferous substances may have the same protected for a period not exceeding six (6) 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.

Protection void if false representation made.

74. Any protection obtained by false representation shall be void, and no person shall be allowed to take up, occupy, or work any other claim during the period of protection of any claim held by him.

Notice of protection to be posted on claims.

75. All protected claims, shares, rights, or privileges must be marked by a board not less than nine (9) inches square on a conspicuous part of the claim, with the word “Protected” and the number of the protection certificate legibly painted or marked thereon.

Nuisances.

76. Nuisances in or about residences or places of business on the goldfields may be reported upon to the Warden by plaint in any Warden’s Court; and in all cases the Warden shall be the proper judge as to whether a nuisance has been committed or not, and he may at his own discretion inflict a fine or make such order as he shall think fit for the cleansing and keeping clean the matter referred to in the plaint.

Reservation of water.

77. The Warden may, by notice in the Provincial Government Gazette, set apart any spring, stream, or other depository of water for domestic purposes, and no person shall thereafter defile such water or do any act whatsoever by means of which such water may be defiled or rendered unfit for domestic purposes.

REGISTRATION.

78. There shall be established Registers of all rights, titles and interests held under the Act, and of all assignments and transfers thereof, and of all encumbrances and liens thereon and discharges thereof.

79. Every owner or part-owner of a claim not being a licensed holding, shall, within one month of his becoming possessed thereof, either originally or by transfer, cause his interest in the same to be registered in a book kept for that purpose by the Mining Registrar of the portion of the district within which such claim is situate; and no transfer of any right or interest in any such claim shall have any legal validity until it shall be so registered.

80. Every license of a claim, water right, machine, business, or residence site under the Act shall, before issue, be registered in a book or books to be kept by the Mining Registrar for that purpose. And no transfer or assignment thereof shall have any force or effect until such transfer or assignment shall have been registered.

The owner of any claim shall, within seven (7) days after abandonment or relinquishment of the same, give notice in writing thereof to the Mining Registrar.

81. A certificate of the contents of such Registers, purporting to be signed by the Mining Registrar, shall be prima facie evidence of such contents without production of the Registers or proof of the Registrar’s signature.

82. Whenever any claim, or license, or any right or interest therein, shall be exchanged, surrendered, abandoned, or be the subject of any judgment, the Warden shall direct the Mining Registrar to make, and he shall make, a corresponding entry in the proper Register in respect thereof.

83. A memorial of any encumbrance or lien upon any claim or licensed holding, or any share or interest therein in the form in the Schedule hereto annexed, may be registered against such claim or licensed holding, an attested copy of the instrument creating such encumbrance being at the same time deposited with the Registrar; and any transfer or assignment of such claim, licensed holding, or share, or interest therein, shall be subject to such encumbrance or lien until a discharge thereof in the form in the Schedule hereto shall have been duly registered.

84. It shall be lawful for the Mining Registrar, upon the certificate of the Mining Inspector that any claim has been forfeited, or upon the written surrender by the registered owner of any claim or of any interest therein, to make a corresponding entry in such Register, and close the Register against all future entries in respect of such claim or interest.

85. Any person requiring information in respect of any claim, or of any interest therein, may obtain the same or a certificate thereof from the Mining Registrar on payment of the respective fees mentioned in the Schedule hereto.