1472
THE NEW ZEALAND GAZETTE.
[No. 97

erected. Whenever the holder of a saw-mill timber certificate applies for another saw-mill area alongside the area previously held by him, such last-mentioned area will be deemed to be worked out, and the land and remaining timber, if any, will immediately and absolutely revert to the Government.

268. Marking out Saw-mill Area.—The applicant for any saw-mill certificate shall, previous to lodging his application, mark out the land applied for by blazing the front- and side-lines, and by placing pegs at each corner angle of such land, such pegs to stand at least 2ft. above the surface of the ground, and to be at least 4in. in diameter; and the Warden may, previous to finally dealing with such application, direct a survey of the land to be made at the expense of the applicant, and may order such applicant to deposit a sufficient sum to cover the expenses of survey before the same be made.

269. Rights of Owner of Claim.—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.

270. Kauri Timber to be paid for.—Any person requiring kauri timber must apply to the Warden, who may give permission to cut the same on payment to the Receiver of Revenue of a royalty not exceeding 6d. per 100 superficial feet contained in such tree, but in no case shall the amount be less than £1 5s. sterling for each tree.

271. Where it is necessary to grant to the holder of any certificate or other person authorised to cut and remove timber, bark, or wood for fuel from any forest, any right or rights of way through any part of the same, the Warden may grant such right or rights and may impose such conditions in each case as may be deemed necessary. But no such right shall exist for any period beyond the term specified in the original license or authority.

272. When required by the Warden any person holding a certificate to fell timber shall use a brand, and shall register the same in the office of the said Warden, and no two persons shall use the same brand.

273. Any person marking any timber with any brand not belonging to him, or branding any timber belonging to any other person with any brand other than the brand of the owner thereof, shall be guilty of a breach of these regulations; but the payment of any penalty shall not debar the person aggrieved from recovering the amount of any damage he may have sustained by the action of the delinquent.

274. Any person lighting any fire within a forest, and intentionally or negligently allowing the same to spread, shall be guilty of a breach of these regulations; but the payment of any penalty shall not prevent the recovery from the wrongdoer of the value of any damage which may be done by such fire.

275. Any person who shall permit any fire lighted by him outside the boundaries of any forest to spread into or cause injuries to such forest shall be guilty of a breach of these regulations; but the payment of any penalty shall not prevent the recovery from the wrongdoer of the value of any damage which may be done by such fire.

276. Any person who shall unlawfully injure or destroy any timber or other tree or shrub within the limits of any forest shall be guilty of a breach of these regulations.

277. Any person who may be found felling or cutting timber for sale without being the holder of a certificate, within the boundaries of any forest, shall be guilty of a breach of these regulations: Provided this shall not apply to any holder of a miner’s right who may be found cutting timber for his own domestic use or for mining purposes in connection with the claim held by him personally or conjointly with other partners, or in which he is working as wages man.

278. Royalty on all timber shall be paid at the rates hereinbefore specified; and every holder of a certificate shall keep a book or books in which shall be entered a true and accurate account of all timber felled, cut, or disposed of, and such book shall be open for the inspection of the Warden or Inspector, or such person as the Warden may otherwise appoint to inspect the same; and such holder of a certificate shall furnish the Warden and Inspector with a true and accurate statement of the quantity of timber so felled, cut, or disposed of every three months, such statement to be furnished in the months of January, April, July, October in each year, for the three months immediately previous. All royalty and license fees shall be paid to the Receiver of Gold Revenue.

PART XXIX.—INSPECTION OF MACHINERY.

279. The Inspector shall from time to time, or when he may deem it necessary, inspect any mine or mining machinery, and may issue such orders for the safe working of such mine or machinery as he may deem advisable; and the owner of such mine or machinery shall see that such orders are strictly complied with.

PART XXX.—GRANTING CERTIFICATES OF MINE-MANAGERS.

MINE-MANAGER.

280. The Chairman of the Board of Examiners appointed by the Governor shall preside at all meetings of the Board; but in the absence of the Chairman the Board may appoint any one of their number to act as Chairman during such absence: and the said Board, at all meetings of which four shall form a quorum, may transact any business in connection with the examinations and granting of certificates to mine-managers and engine-drivers, and shall examine, or cause to be examined, any applicant for certificate of mine-manager or engine-driver on the subjects herein-after specified.