632
THE NEW ZEALAND GAZETTE.
[No. 16

CERTIFICATES OF EASEMENT.

67. The application for a certificate of easement under section 200 of the Mining Act may be in the form numbered 26 in the First Schedule hereto, and with respect thereto the following provisions shall apply:—

(1.) The application need not be publicly notified by advertisement.

(2.) Subject as last aforesaid, the application shall be made and disposed of under Regulation 33.

(3.) The certificate of easement may be in the form numbered 47 in the First Schedule hereto.

(4.) The certificate of easement shall be deemed to be appurtenant to the mining privilege for facilitating whose mining operations the certificate is granted, and accordingly the certificate shall not be transferable apart from such privilege, and upon the expiry or other determination of the term of such privilege the certificate shall ipso facto become void.

(5.) The Warden may, by certificate of easement, grant to any person being the holder of a claim the right to connect with and use any shaft, tunnel, or drive on any other person’s mining privilege:

Provided that if such shaft, tunnel, or drive existed on such mining privilege when it was taken up no compensation shall be payable by the grantee for or on account of the cost of construction.

REGISTRATION OF MINING PRIVILEGES AND OF INSTRUMENTS AFFECTING THE SAME.

Register, and Registration Office.

68. (1.) The register shall be in the form numbered 48 in the First Schedule hereto.

(2.) The register may be divided into parts as follows:—Part I: Claims. Part II: Water-rights. Part III: Business-site licenses. Part IV: Residence-site licenses. Part V: Special-site licenses. Part VI: Mineral licenses. Part VII: Miscellaneous. And registrations may be effected accordingly, nevertheless without affecting the numerical sequence of the instruments registered.

69. Every register existing at the time of the coming into operation of the Mining Act shall so continue, 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.

70. (1.) The office of registration of a mining privilege granted under the Mining Act shall be the office of the Registrar to whom the same is transmitted by the Warden for registration and issue, as provided by section 173 of the Mining Act.

(2.) The office of the Registrar shall in every case be the office of the Warden’s Court.

(3.) 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.

(4.) The office of registration of every ordinary claim held otherwise than under license shall be the office fixed by the Warden for the registration of such claims in the locality in which the claim is situate.

(5.) 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.

71. 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.

72. 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.

73. For the purpose of the last preceding clause hereof, an application under clause 77 or 78 of these regulations shall be deemed to be an instrument.

74. 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 be accompanied by such duplicate original or certified copy.

75. (1.) 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 numbered 48, or such of them as are applicable, and also by indorsing on the instrument and on the filed duplicate or copy, a memorial under the hand of the Registrar 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).

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

76. 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 be produced to the Registrar, who when registering such instrument shall, provided all arrears of rent have been paid, indorse on such license or document a memorial under his hand 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:

Special as to Mining Privileges held otherwise than under License.

77. 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 49 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,