✨ Continuation of Mining Regulations




628

THE NEW ZEALAND GAZETTE.

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.

  1. 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.

  2. 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.

  3. 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 A. 2, and to enter the same
    forthwith in the book appointed for that purpose,
    and to receive all documents purporting to be assign-
    ments 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 A 3,
    Part II., and to return the said document to him, at
    the same time obtaining his signature to a memo-
    randum in the form set forth in the Schedule A 3,
    Part I.

  4. If on the presentation of any document pur-
    porting 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 indorsed on the memorandum given
    to the person presenting the document, and that the
    document itself be retained by the Mining Registrar.

  5. Every assignment which is hereby authorized
    to be registered shall, so far as regards any claim or
    authorized 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.

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

  7. The owner of any claim, right, title, interest,
    or privilege not being a licensed holding, shall,
    within seven days after abandonment or relinquish-
    ment of the same, give notice in writing thereof to
    the Mining Registrar.

  8. It shall be lawful for the Mining Registrar,
    upon the certificate of the Mining Inspector that
    any claim, machine, residence, business site, or other
    authorized holding has been forfeited or abandoned,
    or upon being notified by the Warden or Mining
    Inspector a decision declaring any forfeiture under
    Parts VII. or VIII. of the Act, or upon the written
    surrender of the registered owner of any claim or
    other authorized holding, or of any interest therein,
    of his claim, holding, or interest, to make a corre-
    sponding entry in such register, and close the register
    against all future entries in respect of such claim,
    holding, or interest.

  9. A memorial of any encumbrance or lien upon
    any claim, right, title, or interest, or any share or
    interest therein, in the form in the Schedule hereto
    annexed, marked A 4, may be registered against such
    claim, right, title, or interest, 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, 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 the Schedule hereto annexed, marked
    A 5, shall have been duly registered.

  10. There shall be kept in the Mining Registrar's
    office a book, to be called "The Address Book," in which
    shall be entered at the time of registration of any
    claim or share, or interest therein, the address of the
    owner of such claim, share, or interest, if resident
    within the mining district, and if not, of some agent
    residing therein; and all notices required to be
    given to such owner shall be deemed to be duly given
    by being delivered at or posted to such address,
    and if no such address be so entered, the posting of
    any notice on the claim shall be deemed to be good
    service thereof.

  11. Any person requiring information in respect
    of any claim, right, title, or interest, or of any interest
    therein, may obtain the same, or a certificate thereof,
    from the Mining Registrar on payment of the re-
    spective fees mentioned in the Schedule hereto.

Miscellaneous.

Lost Documents.

  1. On being satisfied of the loss or destruction
    of any miner's right, license, or other document
    herein referred to, the Warden may cause to be
    issued a duplicate thereof, which shall have equal
    validity with the original document.

Depasturing Cattle.

  1. No person shall depasture any cattle on Crown
    lands within the district unless he be the holder of a
    miner's right or business license, and shall also hold
    a certificate, in the form hereto annexed, marked
    Schedule A 6, showing that he has paid a fee of two
    shillings and sixpence for each head of cattle so
    depastured.

Forfeited Leaseholds.

  1. All lands which shall hereafter come under
    the operation of "The Gold Mining Districts Act,
    1873," within the district, through the forfeiture of
    any leasehold rights now subsisting under "The
    Gold Fields Act, 1866," shall be dealt with as if such
    lands were forfeited lands open for application under
    section one hundred and six of the said "Gold
    Mining Districts Act, 1873."

Non-payment of Sums due.

  1. If the annual payment in respect of any
    licensed holding, water-race, dam, or reservoir shall
    not be paid when due, or within sixty days there-
    after, or if the annual payment due in respect of any
    machine, business, or residence site shall not be paid
    when due, the Receiver of Revenue shall give notice
    thereof to the Mining Inspector, in the form hereto
    annexed, marked Schedule A 7.

Inspection of Machinery, &c.

  1. The Mining Inspector shall visit and inspect
    all steam engines, steam boilers, and other machinery
    used in mining operations in the Hauraki Gold
    Mining District, and may give instructions for the
    safer working of the same; he may also visit any
    mine and other workings, and give instructions for
    the safer working of the same. And it shall be the
    duty of the person to whom any such instruction
    shall be given to obey the same.

Dangerous Shafts or Workings.

  1. No person shall remove or injure the covering
    or enclosure of any closed-up or dangerous shaft or
    workings, without permission in writing from the
    Warden.

Forms.

  1. The forms in the Schedules hereto, and such
    other forms as shall from time to time be prescribed
    by the Warden or Mining Registrar, shall be used in
    respect of the various matters therein referred to.


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1875, No 54





✨ LLM interpretation of page content

🌾 Continuation of Mining Regulations (Sections 62-79) concerning registration, forfeiture, and inspections. (continued from previous page)

🌾 Primary Industries & Resources
Mining regulations, registration, claims, assignments, forfeiture, Warden, Mining Inspector, machinery safety