58

THE NEW ZEALAND GAZETTE.

the form set forth in Schedule I, quoting the number
and date of his Business License; and every applica-
tion shall be registered in a book set apart for that
purpose, showing the date and hour upon which such
application was received; and a time and place shall
be fixed for the hearing, and the right to occupy such
sections shall be granted according to priority of
application, and a certificate of registration of any
such grant shall be issued. In the event of two or
more applications for any one section being lodged
at the same time the same shall be decided by lot, and
no site shall be taken up in any other way.

owner of a Business License shall be actually resid-
ing thereon, or that such business or operations be
carried on upon the site or in connection therewith
as shall in the opinion of the Warden amount to
bond fide beneficial occupation; and any area unoccu-
pied for more than forty-eight hours, if it be not
registered, shall be deemed to be forfeited unless
sufficient reason, such as sickness or other good
cause, be proved to the satisfaction of the Warden.

Space between Buildings.

65. An open space of not less than six feet shall
    at all times be left between buildings hereafter
    erected for business purposes by holders of Business
    Licenses; and the owner of a single business area
    shall only be entitled to build upon twenty-seven
    feet of his frontage. The holder or occupier of two
    or more adjoining business areas may build upon
    thirty-three feet frontage for each area, except the
    two outermost of such business areas.

XIV.—ROADS AND TRAMWAYS.

Right of Roadway.

72. Every person holding a claim, or otherwise
    occupying land under these Regulations, shall be
    entitled to a right-of-way whereby he may at all
    times obtain free ingress and egress thereto and
    therefrom.

Absence from Business Area.

66. Any person in lawful possession of a business
    area, who may have erected thereon a substantial
    dwelling or place of business, may absent himself
    from such area for any space of time not exceeding
    nine months, provided that he lodge at the Warden's
    office an application for registration in the Form J
    in the Schedule hereto, and at the same time deposit
    the Business License under which he holds such area,
    and thereupon a certificate of registration shall be
    issued to him, and the said business area shall be
    protected within the meaning of these Regulations
    for the period specified in such certificate; provided
    that such protection shall not remain in force for any
    longer period than that for which the Business
    License is in operation; and if at the expiration of
    the time for which the area has been so registered
    and protected its owner do not resume possession
    thereof, the same may be deemed to be abandoned.

Sludge and Water to be kept off Roads.

73. No person shall allow any sludge or water to
    run or spread over any road, roadway, track, tram-
    way, or crossing-place.

Building on Abandoned Areas.

67. Any person taking possession of a forfeited or
    abandoned business area on which a building has
    been erected may, if the building be not removed
    within seven days of such possession being taken,
    either remove it at the expense of the owner thereof
    or take possession of it and pay to him compensa-
    tion, and such compensation may be settled by arbi-
    tration.

Roadway along Banks of Rivers, &c.

74. A width of two chains for the purposes of
    public roads and wharves shall, when necessary, be
    reserved by the Warden from occupation along the
    banks of all rivers, lakes, and other waters navigable
    for boats. Provided that it shall be in the power of
    the Warden to allow mining thereon, subject to such
    conditions as he may deem necessary.

Information to the Public.

68. When any business site has been registered.
    the holder thereof shall post and maintain thereon a
    board not less than nine inches square with the
    word "Registered," the name of the holder, and the
    date, number, and period of such registration legibly
    painted or written thereon.

Protection to Roadways, &c.

75. No person shall dig within the distance of ten
    feet from any street or main road, or five feet from
    any other roadway, tramway, or track in common use,
    nor drive underneath or in any way interfere with
    such street, main road, roadway, track, or tramway,
    without first obtaining the authority of the person or
    body charged with the care or management of such
    street, main road, roadway, track, or tramway, or, if
    there be no such body or person, of the Warden.

Withdrawal of Business Sites.

69. It shall be at all times lawful for the Warden,
    by public notification, to withdraw such surveyed
    business areas from the operation of the above
    Regulations as he may deem are not absolutely
    required for business purposes.

Mining on Streets and Roads.

76. If any holder of a Miner's Right shall be
    desirous of mining, or of cutting, constructing, and
    using a water-race for mining purposes upon or
    under any street, road, highway, or track in common
    use, and there is no corporation or body having the
    care and management of such street, road, highway, or
    track to whom application can be made as provided
    by the 29th section of "The Mines Act, 1877," such
    application shall be made to the Warden, and the
    Warden shall make such order as shall in his opinion
    be necessary or desirable.

Streets.

70. A space of ninety-nine feet shall at all times,
    when possible, be left for a road or street between
    the frontages of business areas, and no person shall
    on any pretence whatever encroach upon any such
    road or street.

Holes near Roads to be Fenced.

77. If any person shall sink a shaft or make any
    excavation within the distance of twenty feet from
    any street, main road, roadway, or track in common
    use, he shall properly protect such shaft or excava-
    tion by a sufficient fence or barricade to the satisfac-
    tion of the Warden, and no person shall at any time
    remove or injure such fence or barricade; and in case
    any person shall leave or abandon any such shaft or
    excavation, he shall properly fill up, or completely
    cover with logs not less than six inches in diameter,
    or otherwise secure the same to the satisfaction of
    the Warden.

Occupancy of Sites.

71. To constitute sufficient occupation to hold a
    business area it shall be necessary, either that the

Road or Tramway may be carried through Claims.

78. Upon application being made to the Warden
    it shall be competent for him to authorize any person
    to make a road or tramway over, under, or through
    any claim or land occupied under these Regula-