2702
THE NEW ZEALAND GAZETTE.
[No. 89
for all purposes for which the original instrument
might be put in evidence.
84. There shall be payable in respect of the registration of any instrument a fee of ls. for each separate registration entry in the register, and in respect of searches of the register a fee of ls. in respect of the first title to which the search relates, and 6d. for every additional search made at the same time.
85. The register may be searched as aforesaid at any time during office hours.
Index-books.
86. In addition to, but separate from, his register, the Registrar shall keep a numerical index-book, a nominal index-book, and a water-rights index-book.
87. The numerical index-book shall be in the form numbered 54 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.
88. The nominal index-book shall be in the form numbered 55 in the First Schedule hereto, and shall contain, in alphabetical order of surnames of grantors or transferors, as appearing in the register, the specified particulars of all registrations affected after the coming into operation of the Mining Act:
Provided that in any case where, in respect of any registration, the number of grantors or transferors exceeds one, it shall be sufficient if the nominal index-book contains the name first appearing in the register, together with the words "and another," or "and others," as the case may be.
89. The water-rights index-book shall be in the form numbered 56 in the First Schedule hereto, and shall contain the specified particulars of all water-rights registered before or after the coming into operation of the Mining Act in respect of each specified stream in the district.
90. 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.
GENERAL PROVISIONS AS TO MINING PRIVILEGES.
91. Except where express provision is made to the contrary, the terms, conditions, reservations, and provisions subject to which every mining privilege shall be deemed to be granted and shall 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 thirty days is made in the full and punctual payment of any rent, royalty, license fee, or other money payable to His Majesty in respect of any mining privilege, the Warden 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 £25), and may
sell the same in such manner, at such prices, and on such conditions in all respects as he thinks fit. Licensee in this clause shall mean and include any person (whether registered or not) having any legal or equitable interest in the mining privilege.
(3.) Such sale may be effected either on the land or elsewhere, and to that end the effects distrained may be removed.
(4.) Not less than five days’ previous notice of the time and place of sale shall be given by advertisement in a newspaper printed and published in or nearest to the locality in which the land is situate.
(5.) All moneys received in respect of such sale shall be applied in or towards payment —first, of the costs and expenses of the distraint, removal, and sale, such costs to be fixed and assessed by the Warden in case of dispute; secondly, in or towards payment of the rent, royalty license fee, or other money in respect whereof the distraint was made; and the surplus, if any, shall be payable to the licensee, or other the person entitled thereto.
(6.) The foregoing right of distraint, removal, and sale may be exercised irrespective of and without prejudice to any other right, remedy, or power conferred by the Mining Act in respect of the non-payment of rent, royalty, license fee, or other moneys payable to His Majesty under the license.
(7.) The holder of a mining privilege shall not as such holder—
(a.) Have any riparian rights in respect of any watercourse on or adjoining the land comprised in the mining privilege; nor
(b.) Have any right or remedy whatsoever against any person in respect of the discharge of tailings, débris, or waste water into any watercourse by such person in the lawfully carrying-on of his mining operations; nor
(c.) Have any right or remedy whatsoever which would prevent any person from freely using for the purpose of transit any natural waterway on or adjoining the mining privilege, but so nevertheless that such user does not unduly interfere with any mining operations lawfully carried on in the waterway by the holder of the mining privilege, and also that where such operations are carried on by means of a dredge, and such user cannot conveniently be exercised without removing the dredge or its moorings, the holder of the mining privilege shall remove the same with all reasonable diligence, and at his own cost in all things; nor
(d.) Have any right or remedy whatsoever which would prevent any person from freely using for purpose of ingress, egress, or regress, with or without horse and vehicles, at all reasonable hours, such portion of the surface of the land comprised in the mining privilege (not being a residence-site or a business-site) as is not being actually occupied by the