Auckland Provincial Government Gazette.

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

55. If any person shall fell any tree or timber either intentionally or by undermining, or other means, 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 adjoining claim, or on to any public or private road, so as to cause or be likely to cause an obstruction, he shall immediately remove the same.

ROADS AND TRAMWAYS.

Formation of Private Roads, Tramways, &c.

56. When any person is desirous of forming a road, tramway, bridge, or crossing-place, over or across any gully, creek, reef, claim, or race, a notice to that effect in the form hereunto appended, marked Schedule W, shall be posted on the ground (in the case of a road or tramway, at the commencement and termination of such road or tramway), and outside the Warden’s office, for seven days, after which period the Warden shall determine whether such road, tramway, bridge, or crossing place is necessary, and if he shall agree to its formation, he may prescribe such conditions as he may think fit, and he shall then fix or cause to be fixed, the exact line of position thereof. Provided that no such road, tramway, or crossing-place shall be made over or through any 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 in the manner prescribed for fixing the value of improvements by Section sixty-five of the Act. A sketch plan showing the position of such road, tramway, bridge, or crossing-place shall be lodged with the application, but the Warden may require a proper survey and plan to be furnished before granting such application. The Warden’s certificate shall be in the form hereto appended, marked Schedule A1.

Main Roads.

57. The Warden shall cause main or trunk lines of public roads to be laid out wheresoever the same shall appear to him to be necessary, and no person shall resist the formation of the same. Provided that if any damage is done to any occupied claim, water-race, or other working, compensation shall be granted to the holder thereof. The amount of such compensation shall be ascertained in the manner provided in Section sixty-five of the Act.

Width of Private Roads.

58. The owner of any claim may, subject to the provisions of Rule number 37, occupy a breadth of eighteen feet of ground for any necessary roadway. But if he shall mark out a greater breadth of ground than shall be necessary for the purpose of a roadway, it shall be lawful for the Warden to order the said roadway to be reduced.

Changing position of a Road to enable ground to be worked.

59. If any person desire to change the direction of any road, he shall post and maintain for a period of seven days a notice of his intention in a conspicuous place on such road, and shall also post a copy of such notice outside the Warden’s office for the same period. At the expiration thereof the Warden shall make such order as shall appear to him to be necessary in the matter.

Roads not to be Damaged by Undermining.

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

PART V.

REGISTRATION, MISCELLANEOUS REGULATIONS, AND SCHEDULE OF FEES.

Registration.

61. 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.

62. 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.

63. Every owner or part owner of a claim not being a licensed holding, shall within ten days 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 situated.

64. It shall be the duty of the Mining Registrar who has the custody of such registers to receive all memorials for registration of claims in the form in the Schedule marked A2, 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, license, or interest (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 marked A3, Part II., and to return the said document to him, at the same time obtaining his signature to a memorandum in the form set forth in the Schedule A3, Part I.

65. If on the presentation of any document purporting to be a transfer or assignment of any claim, license, or interest, it shall be found on reference to the register that such claim, license, or interest has been already transferred 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.

66. 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 persons claiming under any subsequent assignment duly registered unless the prior assignment shall have been registered before the registration of the subsequent assignment.

67. Every license of a claim, water right, machine, business, or residence site, and every certificate for any authorised holding under these Rules and Regulations, shall, before the delivery to the person entitled thereto, be registered in a book or books to be kept by the Mining Registrar for that purpose.