AUCKLAND PROVINCIAL GOVERNMENT GAZETTE.

Holder of residence or business site may register during absence.

57. The holder of any residence or business site, having any building erected thereon, may have the same protected for any period not exceeding three months, during which time he may be absent from the same.

Transfer of residence or business site.

58. The right and interest in any area occupied under a residence certificate or business license may be transferred or assigned by the holder thereof; but such transfer or assignment shall in all cases be registered with the Registrar, and endorsed on the original certificate.

Residence or business site, if deemed auriferous, to be examined.

59. If any auriferous deposits shall be traced to the boundaries of any land occupied for residence or business purposes, the Warden may, upon satisfactory proof thereof, authorize any surveyor or other persons, by writing under his hand, to enter thereupon and, at such times and in such manner as he may appoint, to search the land so occupied for a continuation of the said auriferous deposit.

Residence or business site, if auriferous, may be taken.

60. If any residence or business area shall be proved to be auriferous the Warden may, upon application, order the whole, or any part thereof, to be given up for mining purposes to such persons as he shall nominate.

Compensation for loss of site.

61. In all cases compensation for actual loss or damage estimated or sustained by any holder of a residence or business site shall be ascertained and determined by the Warden, or Warden and Assessors; and any compensation awarded shall be paid prior to possession of such site being given.

Warden to make orders as to mode of working residence or business sites.

62. The Warden shall make such orders relative to the mode of working the ground in any residence or business site, the restoration of the soil, and other conditions, as he may deem necessary or desirable.

Land may be set apart and surveyed for business sites.

63. The Warden may, whenever it shall be necessary for the public convenience, set apart land to be occupied for business purposes, and direct the Mining Surveyor to divide such land by streets and roadways in the most convenient manner, and no person shall occupy any part of any land so set apart except under a business site license.

Timber.

64. The owner of any claim shall be entitled to cut and use for mining purposes all timber (other than kauri) growing upon the said claim, and shall be entitled to cut for his own mining purposes any timber (other than kauri) growing on unoccupied ground.

Kauri timber to be paid for, &c.

65. Any person requiring kauri timber must apply to the Warden, who will give permission to cut the same on payment to him of the sum of one pound five shillings sterling (£1 5s.) for each tree required by the applicant. If any person shall wilfully or negligently set fire to any forest, timber, scrub, or fern, whereby kauri timber shall be killed or destroyed, he shall pay fair compensation to the native owners thereof, which shall be ascertained and determined by the Warden.

Timber licenses.

66. Any person desiring to cut timber for firewood or fencing, for sale, shall make application to the Warden for a license, and shall state the locality which he desires to cut timber within; and a copy of such application shall be posted for seven (7) days in at least two (2) conspicuous places on the ground and outside the Warden’s Office. If no valid objection is made, the Warden may grant a timber license on payment of a fee of five pounds (£5) sterling, which shall be in force for twelve (12) months from the date thereof, and shall entitle the holder to cut any timber (except kauri or reserved trees) within the block of native land for which the license is issued. Provided that every person holding any such license, and every person employed by him to cut timber, shall be the holder of a Miner’s Right.

Timber not to be felled so as to cause an obstruction.

67. If any person shall fell any tree or timber either intentionally or by undermining, or other means, he shall remove it beyond the reach of floods, so that it may not be drifted down any stream. If any person shall fell any timber on to any adjoining claim, or on to any public or private road, so as to cause an obstruction, he shall immediately remove the same.

68. The Warden shall cause main or trunk lines of public roads to be laid out wheresoever the same shall appear to him to be necessary, and no person shall resist the formation of the same. Provided that if any damage is done to any occupied claim, water-race, tail-race, or other working, compensation shall be granted to the holder thereof; the amount of such compensation shall be ascertained by four assessors, two to be appointed by the Warden on behalf of the Government, and two by the persons interested, and an umpire, to be chosen by the assessors before they enter upon the reference.

Width of private roads.

69. In all cases where such width may be necessary a miner may occupy a breadth of eighteen (18) feet of ground for any necessary roadway. But if a miner shall mark out a greater breadth of ground than shall be necessary for the purpose of a roadway, it shall be lawful for any authorized officer to order the said roadway to be reduced, and the same shall be reduced in conformity with the instructions of the said officer.

Changing position of the road to enable ground to be worked.

70. If any miner desires to change the direction of any road, he shall, for a period of seven (7) days, affix a notice of such his desire, in a conspicuous place on such road, and shall furnish a copy of such notice to the Warden, to be posted outside his Office for the same period. At the expiration thereof, the Warden shall make such order as shall appear to him to be necessary in the matter.

Formation of private roads.

71. When any two or more miners are desirous of forming a road, tramway, bridge, or crossing place,