3182

THE NEW ZEALAND GAZETTE.

[No. 76

course shall be pursued: The Registrar shall, as provided in
the regulations, register such transfer, and shall cancel the
plan on the special-claim license as to the transferred portion
of such claim, and shall issue a new license for such transferred
portion (the cost of putting plans thereon to be paid by the
transferor), and shall also deliver to the transferor the license
for the untransferred balance.

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, who shall
    decide the matter after making such investigation as
    he thinks necessary.
    (3.) Registration shall be effected in manner prescribed by
    clause 75 of these regulations:
    Provided that the therein-mentioned memorial
    shall be endorsed 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 50 in the First Schedule
    hereto.
    (5.) The provisions of clause 76 of these regulations, relating
    to the production of a license for the purpose of endorsing 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.
    (7.) Priority shall in all cases date from the time of registration.

Special as to Liens on Mining Privileges.

78. With respect to liens on mining privileges, and the
    registration and discharge thereof, the following special provisions shall apply:—
    (1.) The lienee who desires to register his lien in the Warden’s
    Court, as prescribed by sections 228 or 328 of the
    Mining Act, shall deposit with the Registrar an application in that behalf in the form numbered 51 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., 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 endorse
    thereon, under his hand, 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 by registered letter to the holder of the
    mining privileges affected thereby may be in the form
    numbered 52 in the First Schedule hereto.
    (5.) The discharge of a lien may be effected either by—
    (i.) An instrument of discharge in the form numbered 53 in the First Schedule hereto; or
    (ii.) As prescribed in clause (2) of section 230 of
    the Mining Act.

(6.) If the discharge is effected by payment into Court the
Registrar shall note on the instrument of discharge
particulars of payment and date of same, and, if
discharged by the filing of the workman’s receipt,
such receipt shall be attached to the said instrument.
(7.) The instrument of discharge shall be registered in every
case where the lien itself has been registered.

General as to Registration.

79. 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 as defined in
    clause 108 of these regulations.
80. 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.
81. 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.
82. 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 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 8d. per folio of seventy-two
    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, without
    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 registration of
    any instrument a fee of 2s. for each separate 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 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 authorized 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.