122
THE NEW ZEALAND 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 nomi-
    nate.

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 be
    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 con-
    ditions, 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
    business-site license.

Timber.

64. The owner of any claim shall be entitled to
    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 negli-
    gently 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 pay-
    ment 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,
    eitherintentionally 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 per-
    son 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 mine
    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,
    over or across 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 seven (7) days, after
    which period the Warden shall determine whether
    such road, tramway, bridge, or crossing-place is
    necessary, and if he agrees 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 imme-
    diately paid or tendered to the owner thereof. In the
    event of the parties concerned not agreeing as to the