2706
THE NEW ZEALAND GAZETTE.
[No. 93

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 shall give notice of such rectification
by registered letter to all persons affected thereby;
and for the purpose of such rectification he may
require any person to produce any document in
his possession for such rectification to be noted
thereon.

83. Upon payment of the fee of 6d. per folio of
    ninety words or any part thereof, 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, with-
    out proof of his signature, be received in evidence
    for all purposes for which the original instrument
    might be put in evidence.

84. There shall be payable in respect of the regis-
    tration of any instrument a fee of 1s. for each sepa-
    rate registration entry in the register, and in respect
    of searchers of the register a fee of 1s. 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 effected
    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 trans-
    ferors 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 regis-
    ter 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 privi-
    lege 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 ad-
ministration of this Act, or authorized
by the Minister, the Warden, or an In-
spector, 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 pay-
able 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 never-
theless 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 to-
wards 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 distrain, 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