646
THE NEW ZEALAND GAZETTE.
[No. 31

but, should any dispute arise in reference to the
amount so expended, the onus of proof of such
expenditure shall lie with the holder or holders
of such claim on which the said machinery, plant,
or necessary works are erected or constructed.

PART XXVIII.—REGISTRATION.

243. Application for Registration.—Any per-
     son desirous of registering any claim, right, or
     privilege shall, after conforming to the provisions
     of “The Mining Act, 1886,” as to notices and
     otherwise, present to the Mining Registrar a
     memorial of registration in duplicate in the form
     contained in Schedule 37 hereto, or to like effect,
     and a certificate of the contents of the mining
     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.

244. 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, it shall
     nevertheless be the duty of the Mining Registrar
     to receive the document so presented, and to re-
     gister the same, provided that a notification of
     the prior registration be indorsed on the memo-
     randum given to the person presenting the docu-
     ment.

245. Every assignment which is hereby autho-
     rized to be registered shall be registered in form
     of Schedule 38 hereto or to the like effect within
     fourteen days after execution, and if not registered
     within such period shall, so far as regards any
     claim or authorized holding to be effected thereby,
     be void as against any person claiming under any
     subsequent assignment duly registered.

246. Every license of a water-right, machine,
     business, special, or residence site, and every cer-
     tificate for any authorized holding, claim, right,
     or privilege under these rules and regulations,
     shall, before delivery to the person entitled
     thereto, be entered in a book or books to be kept
     by the Mining Registrar for that purpose. And
     every such certificate shall be renewed annually.

247. Abandonment.—The owner of any claim,
     right, title, interest, or privilege, not being a
     licensed holding, which shall have been previously
     registered, shall, within seven days after abandon-
     ment or relinquishment of the same, give notice
     in writing thereof to the Mining Registrar, who
     shall thereupon cancel such certificate, and any
     ground held under such certificate shall there-
     after be open to occupation without any suit or
     proceeding in the Warden's Court.

248. Forfeiture and Surrender.—It shall be
     lawful for the Mining Registrar, upon any claim,
     or machine-, residence-, or business-site, or other

authorized holding being declared forfeited by the
Warden, or upon the written surrender by the
registered owner of any claim or other authorized
holding, or of any interest therein, of his claim,
holding, or interest, to make an entry in such
register of such forfeiture or surrender, which
shall be signed by the Warden, and the Mining
Registrar shall then close the register against all
future entries in respect of such claim, holding,
or interest.

249. Encumbrances.—A memorial of any en-
     cumbrance or lien upon any claim, right, title,
     or interest, or any share or interest therein, in
     the form in Schedule 39 hereto annexed, 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 Schedule 40
     hereto annexed, shall have been duly registered.

250. Notices.—Every notice required to be given
     to the owner of any claim, share, or interest
     therein shall be deemed to be duly given, by being
     either served personally, or if it be shown to the
     Warden that personal service cannot be conve-
     niently effected, then by posting such notice on
     the claim or ground, or otherwise as the Warden
     directs.

PART XXIX.—LICENSE TO CUT
TIMBER.

251. Permission to cut Timber.—Any person de-
     siring to cut timber for sale shall make application
     to the Warden for permission in the form in
     Schedule 42 hereto, and a copy of such applica-
     tion shall be posted for seven days outside the
     Warden's Office. If no valid objection be made,
     the Warden may grant a certificate, in the form
     in Schedule 43 hereto, on payment of a fee
     of not less than £3 sterling, which shall be in
     force for twelve months from the date thereof,
     and shall entitle the holder, subject to such con-
     ditions as the Warden may think fit to impose, to
     cut any timber (except kauri or reserved trees)
     on any Crown land within a mining district:
     Provided that every person holding any such
     certificate, and every person employed by him to
     cut timber, shall be the holder of a miner's right.

252. Rights of Owner of Claim.—The owner of
     any claim shall be entitled to cut and use for
     mining purposes all timber (other than kauri)
     growing upon the said claim, and shall be entitled
     to cut for his own mining purposes any timber
     (other than kauri) growing on unoccupied ground.