234
THE NEW ZEALAND GAZETTE.
[No. 8

Special as to Mining Privileges held otherwise than under License.

68. With respect to the registration of mining privileges held otherwise than under license, whether acquired under the Mining Act or any former Mining Act, the following special provisions shall apply:—
    (1.) The holder who desires to register such mining privilege shall deposit with the Registrar an application in that behalf in the form numbered 25 in the First Schedule hereto.
    (2.) If after inquiry the Registrar is satisfied as to the facts, he shall register the mining privilege in manner hereinafter provided; but if he is not so satisfied he shall refer the application to the Warden, who shall decide the matter after making such investigation as he thinks necessary.
    (3.) Registration shall be effected in manner prescribed by clause 65 of these regulations:
    Provided that the therein-mentioned memorial shall be indorsed on the application, which shall be retained and filed by the Registrar; and also that the precise time of the registration shall be the date and hour at which the application was deposited.
    (4.) Having registered the mining privilege, the Registrar shall issue to the applicant a certificate of registration in the form numbered 26 in the First Schedule hereto.
    (5.) The provisions of clause 67 of these regulations, relating to the production of a license for the purpose of indorsing thereon a memorial of every registered transfer of the mining privilege to which the license relates, or of any interest therein, shall, mutatis mutandis, apply to every certificate of registration, whether issued under the Mining Act or any former Mining Act.
    (6.) In the event of the holder of the mining privilege applying for and obtaining the grant of a license therefor, he shall deliver up the certificate of registration to the Registrar, who, before issuing the license, shall file the certificate, and note thereon, as also in the register, the fact that the certificate has been superseded by the license.

Special as to Liens on Mining Privileges.

69. With respect to the registration of liens on mining privileges, the following special provisions shall apply:—
    (1.) The lienee who desires to register his lien in the Warden’s Court, as prescribed by section 171 of the Mining Act, shall deposit with the Registrar an application in that behalf in the form numbered 27 in the First Schedule hereto.
    (2.) The registration of the lien shall be effected by entering in the register, on the folium allotted to each registered mining privilege to which the lien relates, or, in the case of an unregistered mining privilege, on an allotted folium, the word “Lien,” together with the registered number, the precise time of registration (being the date and hour at which the application was deposited), and the following particulars as appearing in the application—that is to say: The name of the lienee, the capacity in which he claims (e.g., as wages-man, subcontractor, contractor, or partner), the amount of the lien, and, in the case of an unregistered mining privilege, the name and situation of such privilege, and the name of the holder thereof.
    (3.) The Registrar shall also file the application, and indorse thereon, under his hand and the seal of the Court, a memorial of the registration of the lien, the office of registration, and its registration number as appearing in the register.
    (4.) The notice of the registration of the lien to be posted by the Clerk to the holder of the mining privileges affected thereby may be in the form numbered 28 in the First Schedule hereto.

General as to Registration.

70. No instrument shall be deposited with the Registrar for registration, nor shall any application for registration be deposited with him, except at his office, being in every case the office of the Court, and during office-hours.
71. No Registrar shall register any mining privilege or lien, or any instrument purporting to transfer or to in any way deal with or affect any mining privilege, except in manner provided by the Mining Act and these regulations.
72. No Registrar shall register any instrument liable to stamp duty unless the instrument purports to have been duly stamped; but in no case shall any registration be invalidated by reason of any error in this respect.
73. In any case where any mistake is made by the Registrar in any entry in the register, or in any memorial, he shall rectify the same by a new entry or memorial in such form as may be convenient, specifying the day and hour of the rectification, but not erasing or obliterating the erroneous entry or memorial; and for the purpose of such rectification he may require any person to produce any document in his possession.
74. Upon payment of the fee of one shilling per folio of seventy-two words (being in no case less than five shillings) the Registrar shall furnish to any person applying for the same a certified copy of any registered instrument; and every document purporting to be certified under the hand of the Registrar and the seal of the Court as a certified copy of a registered instrument shall, without proof of his signature, be received in evidence for all purposes for which the original instrument might be put in evidence.
75. There shall be payable in respect of the registration of any instrument a fee of one shilling for each separate registration entry in the register, and in respect of every search of the register a fee of one shilling.
76. The register may be searched as aforesaid at any time during office-hours as hereinbefore defined.

Index-books.

77. In addition to, but separate from, his register, the Registrar shall keep a numerical index-book and a water-rights index-book.
78. The numerical index-book shall be in the form numbered 29 in the First Schedule hereto, and shall contain, in numerical order of registration as appearing in the register, the specified particulars of all registrations effected after the coming into operation of the Mining Act.
79. The water-rights index-book shall be in the form numbered 30 in the First Schedule hereto, and shall contain the specified particulars of all water-rights registered after the coming into operation of the Mining Act in respect of each specified stream in the district.
80. The index-books shall be compiled from the register, and any person entitled to search the register shall, without further fee, be entitled to search the index-books.

LABOUR CONDITIONS.

81. For the purposes of section 85 of the Mining Act the number of workmen to be employed by the holder of a claim in mining operations shall be in the proportion of not less than one workman for every complete six acres of the area of the claim during the first year, computed from the date on which by that section the operations are required to be commenced; one workman for every complete four acres during the second such year; and one workman for every complete three acres thereafter:
    Provided that at no time shall the number so employed be less than one in the case of an ordinary or extended claim, and two in the case of a special claim:
    Provided further that, in the case of a dredging-claim, the number required to be so employed in any day shall not exceed the proportion of seven workmen for each dredge.
82. In every case where the holder of a claim alleges that, under subsections (1), (3), or (4) of section 86 of the Mining Act, he is entitled to employ less than the prescribed number of workmen, it shall lie on him to establish the facts to the Warden’s satisfaction, and for that purpose he shall, in addition to other evidence, furnish such sworn returns as to workmen employed, capital expended, and otherwise as the Warden thinks necessary.

GENERAL PROVISIONS AS TO MINING PRIVILEGES.

83. The terms, conditions, reservations, and provisions subject to which every mining privilege may be granted and shall be deemed to be held shall in every case include the following:—
    (1.) Every officer or person acting in the administration of this Act, or authorised by the Minister, the Warden, or an Inspector, shall at all times have full and free right of ingress, egress, and regress in respect of the land comprised in such mining privilege, and the mines and mining-works thereon.
    (2.) If default for twenty-one days is made in the full and punctual payment of any rent, royalty, license-fee, or other money payable to Her Majesty in respect of any mining privilege, the Receiver or any person authorised by him may at any time thereafter, without any previous or other notice or demand, enter on such land, mines, and works, or any of them, and distrain all or any machinery, tools, goods, chattels, and other effects of the licensee there found (excepting nevertheless tools of trade and other personal effects to the total value of £20), and may sell the same, in such manner, at such prices, and on such conditions in all respects as he thinks fit.
    (3.) Such sale may be effected either on the land or elsewhere, and to that end the effects distrained may be removed.