Dec. 29.] THE NEW ZEALAND GAZETTE. 1471

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 encumbrance or lien until a discharge thereof, in the form in Schedule 40 hereto annexed, shall have been duly registered.

259. Discharge of Encumbrance.—On the presentation of any document signed by the mortgagee, duly witnessed, and purporting to acknowledge the full payment of any encumbrance or lien, it shall be the duty of the Mining Registrar, on his being satisfied as to the bona fides of such application, to receive and register the same, and to issue a discharge in the form of Schedule 40 hereto, and he shall note the fact of such discharge in the register wherever the original encumbrance or lien has been entered or noted.

260. 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 conveniently effected, then by posting such notice on the claim or ground, or otherwise as the Warden directs.

PART XXVIII.—LICENSE TO CUT TIMBER.

261. Permission to cut Timber.—Any hand-sawyer, splitter, or wood-cutter desiring to cut timber for sale for bona fide mining purposes, or for any purpose incidental or conducive thereto, shall make application to the Warden for permission in the form in Schedule 42 hereto, and a copy of such application 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 for a license which shall be in force for six months, or £5 for a license which shall be in force for twelve months from the date thereof, and shall entitle the holder, subject to such conditions 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 mentioned in the application notice: Provided that every person holding any such certificate to cut timber shall be the holder of a miner’s right; but no such certificate shall entitle the holder thereof to cut timber on land within any proclaimed forest reserve; and, in the Land Districts of Westland and Nelson, such certificate shall only entitle the holder thereof to cut timber on lands which have been proclaimed mining reserves under the provisions of the contract with the New Zealand Midland Railway Company (Limited), dated the 3rd August, 1888.

262. Hand-sawyers’, Splitters’, and Wood-cutters’ Certificates.—Every person being the holder of a hand-sawyer’s, splitter’s, or wood-cutter’s certificate shall be entitled to an area of not exceeding five acres, and shall have the right to construct saw-pits.

Saw-mill Timber Applications.

263. Any person, being the owner or lessee of any saw-mill and saw-mill plant, or desirous of cutting timber for sale for bona fide mining purposes, or any purpose incidental or conducive thereto, or for sale to such saw-mill owner or lessee, shall make application to the Warden for permission, in the form in Schedule 42 hereto, and a copy of such application 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 five shillings for a certificate which shall be in force for six months, or ten shillings for a certificate which shall be in force for twelve months from the date thereof, and such license shall entitle the holder thereof to cut timber on the mining reserves hereinafter mentioned, subject to payment of the following royalties: Kauri, totara, matai, silver-pine, and kawaka, 6d. per 100 superficial feet; all other timber, 3d. per 100 feet; and timber cut into blocks for paving sluices, 2d. per 100 superficial feet: Provided that no such certificate shall entitle the holder thereof to cut timber on land within any proclaimed forest reserve; and, in the Land Districts of Westland and Nelson, such certificate shall only entitle the holder thereof to cut timber on lands which have been proclaimed mining reserves under the provisions of the contract with the New Zealand Midland Railway Company (Limited), dated the 3rd August, 1888.

264. Every applicant for a certificate shall state whether he desires to cut timber for saw-milling or for other purposes.

265. Any person cutting timber outside his boundary-line shall be guilty of a breach of these regulations, and shall pay a royalty of 6d. per 100 superficial feet in respect of the timber so cut.

266. Every holder of a certificate shall point out the extent of his cutting when required so to do by the Warden or any person appointed in writing by him.

267. Saw-mill Timber Certificates.—The holder of any saw-mill timber certificate shall be entitled to an area not exceeding 200 acres for his own exclusive use. Such holder shall, unless he be the owner of a fully-equipped saw-mill plant at the time he applies for a certificate, within twelve months of the date of his certificate provide and fit up, either upon his saw-mill area or on some other site approved of or granted by the Warden or Commissioner of Crown Lands, a substantial and fully-equipped saw-mill plant, including all the necessary buildings thereto appertaining, which saw-mill plant must be kept in continuous working operation, unless valid and satisfactory reasons can be given to the Warden for any temporary stoppage. Should at any time the mill be closed for a longer time than the Warden thinks necessary or reasonable, it will be competent for him to give the holder of such certificate one month’s notice in writing, and, should the said holder fail or neglect to resume and continue the bona fide working of the mill, the Warden shall declare the certificate forfeited, and may immediately reoffer for license the saw-mill area. The holder of such certificate may, within three months from the date of forfeiture, however, remove any building or machinery he may have