Auckland Provincial Government Gazette.

183

surface of the ground, and shall give notice in writing,
in the form hereunto appended (marked Schedule D)
to the Warden of the district, and a copy of such
notice shall be posted and maintained in some con-
spicuous part of such area for the space of fourteen
(14) clear days, at the expiration whereof, if no valid
objection has been entered there-against, the Warden
may grant a residence licence to the applicant.

Area of residence sites.

69. The area of a residence site shall be thirty-
    three (33) feet frontage by sixty-six (66) feet.

Residence sites not to encroach on roads.

70. No miner shall occupy as a residence site
    any portion of any street, road, or thorough-
    fare. Provided that in cases where two or more
    adjoining residence sites are held by members
    of one family, they may, with the approval of the
    Warden in writing, amalgamate their sites.

Residence sites may be protected during absence.

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

Residence site if deemed auriferous to be examined.

72. If any auriferous deposits shall be traced to
    the boundaries of any land occupied as a residence
    site, the Warden may, upon satisfactory proof thereof
    authorise 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 site if auriferous may be taken.

73. If any residence site 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.

74. In all cases, compensation for actual damage
    or loss shall be ascertained and determined in the
    manner provided by Section 48 of these Regulations;
    and such compensation shall be paid prior to the
    applicant taking possession of the ground.

Warden to make order as to mode of working residence site.

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

Transfer of residence site.

76. No miner shall be allowed to hold more than
    one licence for a residence site, and such licence may
    be assigned provided there be some substantial
    building erected thereon, but not otherwise.

When residence sites may be deemed forfeited.

77. If any residence site be used for a purpose not
    specified in the licence granting the same, or for a
    space of one calendar month be unoccupied, the same
    shall be deemed forfeited.

PART V.—Roads, Tramways, Felling of Timber.

Main or trunk lines of road.

78. 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 be-
    half 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.

79. A miner may, with the permission of the
    Warden first obtained, occupy any breadth of ground
    not exceeding eighteen (18) feet for a private road.

Changing position of road to enable ground to be worked.

80. If any miner desire to change the direction of
    any public or private road, he shall, for a period of
    fourteen (14) 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 expira-
    tion thereof the Warden shall make such order as
    shall appear to him to be necessary in the matter.

Formation of private roads.

81. When any miners are desirous of forming a
    private road, tramway, bridge, or crossing place, over
    or access any gully, creek, reef, claim, or race—a
    notice to that effect shall be posted on the ground
    and outside the Warden’s office for fourteen (14)
    days, after which period the Warden shall determine
    whether such road, tramway bridge, or crossing-place
    is necessary, and if he agree to its formation he shall
    then fix, or cause to be fixed, the exact line thereof.
    Provided that no such road, tramway or crossing-
    place shall be made over or through any mining claim
    unless compensation for damage or loss shall be im-
    mediately paid or tendered to the owner thereof. In
    the event of the parties concerned not agreeing as to
    the amount of such compensation, the same shall be
    ascertained and determined in the manner provided
    for in section 48 of these Regulations. Provided
    further that such road, bridge, or crossing-place shall
    be of a breadth, where practicable, of not less than
    fifteen (15) feet, and be so constructed that no injury
    shall accrue to any head-race, tail-race, drain, creek,
    or culvert passing under it.

Roads not to be damaged by undermining.

82. No person shall dig within the distance of five
    (5) feet from any public or private road, or drive
    underneath the same, unless the drive shall be more
    than twelve (12) feet beneath the surface of the road,
    nor shall any person interfere with any such road.

Miners may use timber for mining.

83. Any miner may use timber (other than kauri)
    for building or mining purposes, or for firewood.

Kauri timber to be paid for.

84. 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 (£1 5s) for each tree required by the
    applicant.

Timber licences.

85. Any miner desiring to cut timber for sale
    shall make application to the Warden for a licence,
    and shall state the locality which he desires to cut
    timber within; and a copy of such application shall
    be posted for fourteen (14) days in at least two (2)
    conspicuous places on the ground, and also one copy