1658
THE NEW ZEALAND GAZETTE.
[No. 66

surveyed as aforesaid, he shall fix a time when such land shall be open for occupation by holders of business licenses for business purposes, and shall publish in such manner as he may deem suitable or convenient a notice of the time when applications will be received.

177. Application for Surveyed Sections.—Every person intending to take up as a business site any section of land set apart and surveyed for business purposes shall make application in writing at the Warden’s office, stating the number and description of such section, in accordance with the form set forth in Schedule 32., quoting the number and date of his business license; and every application 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 right of occupation shall be decided by lot in the presence of the Warden.

178. Space between Buildings.—An open space of not less than 6ft. 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 site shall only be entitled to build upon so much as shall have 6ft. of the frontage line unoccupied; that is to say, 3ft. on each side of the building wherever the business section has a surveyed section on each side of it.

179. Absence from Business Site.—Any person in lawful possession of a business site, 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 33 in the schedule hereto, and at the same time deposit the business license under which he holds such site, and thereupon a certificate of registration shall be issued to him, and the said business site 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 site has been so registered and protected its owner do not resume possession thereof, the same shall be deemed to be abandoned.

180. Building on Abandoned Sites.—Any person taking possession of a forfeited or abandoned business site 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 compensation, and such compensation may be settled by arbitration.

181. Information to the Public.—When any business site has been registered, the holder thereof shall post and maintain thereon a board not less than 9in. square, with the word “Registered,” the name of the holder, and the date, number, and period of such registration legibly painted or written thereon.

182. Withdrawal of Business Sites.—It shall be at all times lawful for the Warden, by public notification, to withdraw such surveyed business sites from the operation of the above regulations as he may deem are not absolutely required for business purposes.

183. Streets.—A space of 99ft. shall at all times be left for a road or street between the frontages of business sites, and no person shall on any pretence whatever encroach upon any such road or street.

184. Occupancy of Sites.—To constitute sufficient occupation to hold a business site it shall be necessary either that the owner of a business license shall be actually residing 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 bonâ fide beneficial occupation; and any site unoccupied for more than forty-eight hours, if it be not registered and protected, shall be deemed to be forfeited unless sufficient reason, such as sickness or other good cause, be proved to the satisfaction of the Warden.

PART XXIII.—SPECIAL SITES.

185. Special Sites may be granted.—It shall be lawful for the Warden, on application, to grant to holders of miners’ rights or licensed holdings special sites not exceeding five acres in extent, for the erection of machinery, or for stacking or depositing auriferous earth or quartz tailings, headings, or other substances, or as washing sites or for other special purposes.

186. Marking and Application.—Any person desiring to obtain a special site shall mark out the same as a claim and apply to the Warden in the form of Schedule 30 to these regulations, or to the like effect.

187. Restriction of Site.—Special sites shall not, except under extraordinary circumstances, be granted for any land which is known to be auriferous or argentiferous, unless the same has been worked out and abandoned, nor for land which is in the line or direction of any workings, or which is or may probably be required for business purposes.

188. Special Sites may be resumed by Warden.—Every special site shall be held on the express condition that it may at any time be resumed, and the grant cancelled by the Warden.

PART XXIV.—ROADS AND TRAMWAYS.

189. Right of Roadway.—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. Every such person who shall construct a road or track over Crown lands to his claim or land shall be entitled to the free use of same until the ground is absolutely required for mining or public purposes; and any person may use the said road or track on