Jan. 30.] THE NEW ZEALAND GAZETTE. 233

Hand-sawing and Splitting Timber Warrants.

47. On application in that behalf, the Warden may grant to any person a warrant entitling him during its currency to cut timber (other than kauri-trees or trees reserved by the Warden or the Commissioner of Crown Lands) growing or standing on the land comprised in the warrant, and sell or otherwise dispose of the same exclusively for mining purposes, and with respect to such application and warrant the provisions of subclauses (1) and (2) of clause 44 and subclause (5) of clause 46 of these regulations, and also the provisions following, shall apply:—
    (1.) The area of the land shall not exceed 20 acres.
    (2.) The term of the warrant shall be either six months or twelve months, and there shall be payable therefor, in advance, in the former case a fee of £3, and in the latter case a fee of £5.

48. The warrant-holder shall be entitled to construct saw-pits and huts on the land, on sites approved by the Warden.

Kauri-trees and Trees reserved.

49. On application in that behalf, the Warden may, by order under his hand, authorise any person to cut for mining purposes any kauri-tree or reserved tree; and with respect to such application and order the following provisions shall apply:—
    (1.) The application shall specify the number, situation, and estimated measurement of the trees applied for, and the name and situation of the claim for whose mining operation the timber is to be cut and used.
    (2.) The Warden shall transmit the application to the Commissioner of Crown Lands of the land district in which the trees are situated for his report thereon, and estimate of the measurement and value of the trees, and shall not grant the application until he has received and considered the report of the Commissioner.
    (3.) There shall be payable in advance in respect of the trees for which the order is granted such sum as is agreed on, being in no case less than £1 5s. for each tree, nor less than 6d. per hundred feet superficial measurement of the trees before cutting.

Limitation as to Timber-cutting Rights.

50. The rights by these regulations hereinbefore conferred in respect of timber shall not be exercisable, nor shall any license, certificate, warrant, or order thereunder be granted in respect of—
    (1.) Lands set apart as forest lands under “The New Zealand State Forests Act, 1885”; nor in respect of—
    (2.) Lands comprised within the authorised area as defined in the contract made by Her Majesty and the Midland Railway Company (Limited), dated the 3rd August, 1888, excepting such portions thereof as have been duly set apart for mining purposes pursuant to that contract.

51. Every license, certificate, warrant, or order in respect of timber granted under the foregoing regulations shall be deemed to be granted and shall be held subject to the exercise by the holder of a miner’s right or mining privilege of the rights conferred upon him by clauses 42 and 43 hereof, and subject also to the power of the Warden to grant mining privileges (other than timber-cutting privileges) in respect of the land to which such license, certificate, warrant, or order relates:
    Provided that the Warden, when granting such mining privilege, may impose such reasonable conditions as, whilst not unduly hampering the holder of such privilege in the exercise of his rights, will afford reasonable facilities for the carrying on of the timber industry.

52. Subject to the provisions of the last-preceding clause hereof, the power hereinbefore conferred upon the Warden to grant licenses, certificates, warrants, or orders for timber-cutting may be exercised by him in respect of land comprised in any other mining privilege.

TRAMWAYS.

53. In every case where the proposed course of a tramway crosses a road or street, the provisions of section 165 of the Mining Act shall, mutatis mutandis, apply.

54. The holder of a license for a tramway shall not be entitled to carry on the tramway passengers or goods for hire except at such scale of fares and freight, and subject to such provisions for the safety of life and property, as have been submitted to and approved by the Minister.

MISCELLANEOUS MINING PRIVILEGES.

55. In addition to the mining privileges specifically mentioned in sections 91 and 126 of the Mining Act, licenses may be granted for mining privileges of any of the following descriptions:—
    (1.) Branch races, for the distribution of water already diverted by means of a race;
    (2.) Flood-races and by-washes, for the carrying off of flood or surplus water;
    (3.) Diversion of streams;
    (4.) Tunnels, roads, and bridges; and
    (5.) Such other descriptions of mining privileges in respect of water or land as the Warden thinks necessary for facilitating mining operations, or effectuating the purposes of the Mining Act.

56. The terms and conditions upon which the aforesaid mining privileges may be granted, and shall be deemed to be held, shall in every case include such terms and conditions not inconsistent with the Mining Act and these regulations as the Warden thinks fit to impose when granting the licenses.

REGISTRATION OF MINING PRIVILEGES AND OF INSTRUMENTS AFFECTING THE SAME.

Register, and Registration Office.

57. The register shall be in the form numbered 24 in the First Schedule hereto.

58. Every register existing at the time of the coming into operation of the Mining Act shall so continue, but no fresh registrations shall be recorded therein; and in every case where, in any new register opened under the Mining Act, any registration relates to any mining privilege, or interest therein, already registered in such existing register, the Registrar shall, by note on the allotted folium of the new register, give such reference to the registration in the said existing register as will afford reasonable facilities for search.

59. Every mining privilege granted under the Mining Act shall be registered in the office of the Registrar to whom the same is transmitted by the Warden for registration and issue as provided by section 141 of the Mining Act.

60. The office of the Registrar shall in every case be the office of the Warden’s Court.

61. (1.) In the case of mining privileges granted by the Warden prior to the coming into operation of the Mining Act, but not then registered, the office of registration shall be the office of the Registrar at the Courthouse where the same was granted.
    (2.) The office of registration of every ordinary claim held otherwise than under license shall be the office of the Registrar nearest to the claim.
    (3.) The office of registration of every transfer or other instrument affecting any mining privilege shall be the office where the mining privilege itself is registered.
    (4.) The registration of an instrument shall not be deemed to be invalid by reason merely of being effected in the wrong office, unless the Warden is satisfied that it has resulted in deceiving any person and thereby actually prejudicing his rights.

Mode of Registration of Instruments.

62. In the case of each register all instruments shall be registered in the order in which they are deposited with the Registrar for registration, and shall be numbered consecutively in the register, commencing with the number 1.

63. For the purpose of the last-preceding clause, an application under clause 68 or 69 shall be deemed to be an instrument.

64. In every case the instrument registered, or a duplicate original or certified copy thereof, shall be retained and filed as a record by the Registrar, and for that purpose the instrument deposited for registration shall, where necessary, be accompanied by such duplicate original or certified copy.

65. The registration of an instrument shall be effected by entering in the register on an allotted folium thereof the particulars specified in the aforesaid form No. 24, or such of them as are applicable, and also by indorsing on the instrument (and on the filed duplicate or copy, if any) a memorial under the hand of the Registrar and the seal of the Court setting forth the registered number of the instrument, the office of registration, and the precise time of registration (being the date and hour at which the instrument was deposited with the Registrar for registration).

66. Such memorial shall, without proof of the Registrar’s signature, be received in all Courts as evidence that such instrument has been duly registered.

67. If the instrument deposited for registration is a transfer of a mining privilege, or of any interest therein, then in the former case the license (if any), and in the latter case the document of title to such interest, shall (except where its production is dispensed with as hereinafter provided) be produced to the Registrar, who when registering such instrument shall indorse on such license or document a memorial under his hand and the seal of the Court setting forth the registered number of such instrument, its nature (e.g., “Transfer by way of sale,” “Mortgage,” or as the case may be), the office of registration, the names of the parties, and the precise time of registration:
    Provided that such production may be dispensed with by the Registrar in any case where, having regard to the circumstances, he thinks fit so to do; and in such case he shall enter in the register a note of the fact, and that the memorial has not been indorsed on the license or document.