184 Auckland Provincial Government Gazette

outside the Warden’s office. If no valid objection be
made, the Warden may grant a timber licence to the
applicant on payment of a fee of five pounds sterling
(5) entitling the holder to cut any timber (except
kauri) within any defined area not exceeding twenty
acres; provided that every person employed by such
licensee to cut timber shall be the holder of a Miner’s
Right.

Timber not to be felled so as to cause an obstruction.

86. If any person shall fell any tree or timber
    he shall remove it beyond the reach of floods so that
    it may not be drifted down any stream. If any
    person shall fell any tree or timber on to any adjoin-
    ing claim or on to any public or private road so as to
    cause an obstruction, he shall immediately remove
    the same.

PART VI — REGISTRATION.

Registers to be established.

87. There shall be established Registers of all
    rights, titles, and interests held under the Act, and of
    all assignments thereof, whether absolute or by way
    of mortgage.

Certified Copies of Register shall be received in
Evidence.

88. A copy of any part or parts of such Registers,
    certified by the Registrar as being a true copy, shall
    be prima facie evidence of such contents, without
    production of the Registers or proof of the Registrar’s
    signature to such certificate.

Period within which a Claim should be Registered.

89. Every miner taking up a claim or other author-
    ised holding shall, within ten days thereafter, cause
    his title to the same to be registered in a book kept
    for that purpose by the Mining Registrar, and if he
    shall make default in so doing his title to such claim
    shall be deemed to be forfeited.

Registrar shall receive for Registration all Documents
duly stamped, and shall give a Memorandum
thereof.

90. It shall be the duty of the Mining Registrar
    who has the custody of such registers to receive for
    registration a memorial, in the form in the Schedule
    hereto annexed marked E, and to enter the same
    forthwith in the book appointed for that purpose, and
    to receive all documents purporting to be assignments
    of any registered claim, or holding, or interest
    therein (provided that the same be duly stamped, as
    required by law), and to register the same; and to
    deliver to the person presenting the document a
    memorandum in the form set forth in the Schedule
    hereto annexed marked F, part 2, and to return the
    said document to him, and to obtain his signature to
    a memorandum in the form set forth in Schedule F,
    part 1.

Assignment shall be Registered, although previous
Assignment of same Interest has been Registered.

91. If on the presentation of any document pur-
    porting to be an assignment of any such claim,
    holding, or interest, it shall be found on reference to
    the register that such claim, holding, or interest has
    been already absolutely assigned on the authority of
    an assignment received at some prior date, it shall
    nevertheless be the duty of the Mining Registrar to
    receive the document so presented, and to register
    the same, provided that a notification of the prior
    registration be endorsed on the memorandum given
    to the person presenting the document, and that the
    document itself be retained by the Mining Registrar.

Priority of registration.

92. Every assignment which is hereby authorised
    to be registered shall, so far as regards any claim or
    authorised holding to be affected thereby, be void as
    against any person claiming under any subsequent
    assignment duly registered, unless the prior assign-
    ment shall have been registered before the registra-
    tion of the subsequent assignment.

Licences or certificates to be registered.

93. Every licence or certificate issued by the
    Warden for any authorised holding shall, before
    delivery to the person entitled thereto, be registered
    by the Mining Registrar.

Notice of abandonment of authorised holding to be
given to Mining Registrar.

94. The owner of any authorised holding shall,
    within seven days after abandonment or relinquishment of the same, give notice in writing thereof to
    the Mining Registrar.

Memorials of incumbrances or liens upon claims,
interests, &c, may be registered.

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

Copies of documents may be furnished on payment
of fees.

96. Any person requiring information, or a copy
    of any document, may obtain the same from the
    Mining Registrar on payment of the respective fees
    mentioned in the Schedule hereto.

PART VII. — MISCELLANEOUS.

Notice before blasting.

97. Five minutes previous to the discharge of any
    blast of gunpowder or other explosive substance,
    within fifty (50) feet from the surface of the ground,
    due notice of such intended discharge shall be given
    by the persons preparing the same, to all other
    persons working, residing, or passing within a
    distance of one hundred (100) yards from the place
    of such discharge. When any road or footpath
    passes through any such claim, a red flag not less
    than one foot square shall be exhibited at each
    extremity of the intersection of the claim by such
    road or footpath, for five minutes before the
    discharge.

Prevention of Accidents.

98. Any miner who may sink a shaft or make an
    excavation on his claim, in search of auriferous quartz,
    shall substantially fence in or cover such shaft or
    excavation during the occupancy of such claim. Where
    from the nature of the ground it is impossible to prevent
    the descent of rocks, boulders, stones, earth or other
    heavy substances when disturbed by working, it shall
    not be lawful to mine on such claim, unless notice
    boards with the words “danger from stones,” in
    letters not less than four (4) inches in length, painted
    thereon, shall be placed at intervals of ten yards
    along any line of road or footpath near to the place
    where such rock, stone, or heavy substance is likely
    to fall.