2232
THE NEW ZEALAND GAZETTE.
[No. 81

behalf of the Board. The proceeds of the sale of timber
so seized shall be and become the property of the Board, and
shall be accounted for and paid to the Board.

6. The felling and removing of dead timber, and also the
   winning and removing of stone or gravel for ballast or for
   metalling roads, shall be done in such a manner as to cause
   the least possible amount of injury to the forest. Should
   needless damage be caused it shall be estimated in manner
   hereinafter provided, unless the Board shall otherwise direct,
   and the amount of such damage shall be paid by the licensee,
   together with all costs and expenses that may have been
   incurred by the Board by reason of such needless damage.
   In default of payment of such moneys within fourteen days
   after demand has been made, the same may be recovered
   from the licensee as liquidated damages, and the license held
   by the licensee may, at the discretion of the Board, be
   absolutely forfeited.

7. If at any time it shall appear necessary to ascertain
   what damage has been committed in any part of the park by
   any licensee, the Chairman shall appoint a valuator to ascertain and assess the amount of such damage, and no new
   license will be granted until the amount of damage so
   assessed shall have been paid, in addition to the sum due by
   way of rent or royalty, and also all expenses of valuation.

8. If at any time during the currency of a license a
   Ranger shall report, or it otherwise appears, that the
   licensee is doing unnecessary damage to the park, the Chairman may, by notice in writing to be served on the licensee,
   suspend the license pending investigation, and the Board
   may cancel such license if it is found that the conditions of
   the license have been infringed, but without prejudice to any
   proceedings for damage done, recovery of rent, royalty, or
   otherwise.

9. In the event of any dispute arising as to the correctness
   of any valuation of timber, or as to the correctness of any
   statement of stone or gravel removed, where royalty or other
   payment has to be made by a licensee, the decision of the
   Chairman shall be final; and in the case of any dispute as to
   the quantity of timber cut, the decision of such Chairman
   as to the amount to be paid shall be forthwith complied
   with, subject, however, to the right of the licensee to proceed in any Court of competent jurisdiction for the refund of
   any sum alleged to be overpaid.

10. Any right or privilege which may be granted by the
    Board to any local body or other authority, or to any person
    whomsoever, to take, lay off, construct, and use roads, railways, and tramways within the park or within or across any
    area comprised in any license issued under the said Acts and
    these by-laws shall not entitle the grantee or grantees of
    any such right or privilege to remove any timber, stone, or
    other material from any land in respect of which a license to
    cut and remove timber or remove stone or gravel shall have
    been previously granted.

11. If for the purpose of removing dead timber, stone, or
    gravel for ballast or for metalling roads any licensee or other
    person duly authorised so to do shall have lawfully made a
    road, railway, or tramway through any part of the park not
    being a highway, it shall not be lawful for any other person to
    use such road, railway, or tramway, or in any way to obstruct
    or fell trees across such road, railway, or tramway, without
    the permission of the licensee or other person making the
    same being first obtained: Provided that if such road, railway, or tramway shall not be used at any time for six consecutive months for removing dead timber, stone or gravel for
    ballast or for metalling roads, it shall be lawful for the Board
    by resolution to determine and declare that the licensee or
    other person duly authorised to make such road, railway, or
    tramway has forfeited all rights to the same: Provided also
    that the Board shall have the power of deciding on the merits
    of each case as it arises.

12. Any Ranger or person authorised for that purpose by
    the Board may drive any animal or animals trespassing in
    the park to the nearest public pound and there impound the
    same, and any such animal or animals shall not be released
    therefrom except upon payment of the usual driving fees and
    poundage charges. Nothing in this by-law contained shall
    be deemed to limit or prevent the taking of any proceedings
    for the recovery of any penalty or otherwise in respect of the
    trespass of such animal.

13. The Board shall from time to time, and as occasion
    shall require, make rules and regulations for the proper conduct and management of the mountain houses and cottages
    erected or to be erected in the park, and shall fix from time
    to time scales of fees to be paid by visitors for the use and
    occupation of the same.

14. Any person who uses any threatening, abusive, indecent,
    or insulting language in any mountain house or cottage the
    property of the Board, or within hearing of the same, or in
    such mountain house or cottage, or its or their vicinity,
    behaves in such a manner as may occasion a breach of the
    peace, shall be guilty of an offence under these by-laws.

15. Every person who commits any breach of these by-laws is liable to a penalty not exceeding five pounds.

16. All moneys accruing in respect of the park, or of penalties, fees, and otherwise, shall be paid to the Hon. Treasurer,
    and shall be placed by him to the credit of the Board’s
    account with the Bank of New Zealand, New Plymouth.

17. All accounts passed for payment by the Board shall be
    paid by the Hon. Treasurer out of the Board’s general funds,
    except small accounts, which may be paid on certificate of
    Chairman out of petty cash, such payments to be afterwards
    confirmed by the Board.

18. The Board shall have a common seal, whereon there
    shall be engraved the words “The Egmont National Park
    Board,” and all deeds, documents, and other instruments
    whereby it is, may be, or shall become necessary to manifest
    the Board’s intentions and acts shall be executed by affixing
    thereto the common seal of the Board, and the signatures of
    the Chairman for the time being and any two other members
    of the Board. Before any deed, document, or other instrument shall be executed a resolution shall be passed by the
    Board authorising its execution, and in the attestation clause
    of any such deed, document, or other instrument reference
    shall be made to the resolution so passed.

19. In the event of the Board deciding to lease the land
    described in the Schedule to “The Egmont National Park
    Act, 1901,” then such leasing shall be by public tender, and
    any lease of such lands may (with the consent of the Governor) be made in the form or to the effect set forth in the
    Third Schedule hereto.

FIRST SCHEDULE.

Form 1.—“The Egmont National Park Act, 1901.”

License to cut Dead Timber.

, of , having paid the sum of £ , is
hereby licensed to cut and remove from the Egmont National
Park, within the area described in the Schedule hereto,
dead trees branded ENP and marked in red
[blue] paint, during the period from to 190 ,
subject to the provisions of the abovementioned Act, and to
the by-laws made thereunder and attached hereto, and
subject also to the following express conditions:—

As witness my hand, this day of , 190 .
[Signature of Chairman.]
[Signature of member.]
[Address.]
[Signature of member.]
[Address.]

The common seal of the Egmont National Park Board and
the signatures of its Chairman and two members were hereunto affixed this day of , 190 (in pursuance
of a resolution of the Board passed on the day of
, 190 , in the presence of— , witness.
, Chairman.

Form 2.—“The Egmont National Park Act, 1901.”

License to quarry Stone, &c.

, having paid the sum of by way of , is
hereby licensed to win and remove stone or gravel for ballast
or for metalling roads within the area described in the
Schedule hereto, for the period from to ,
190 , subject to the provisions of the abovementioned
Act and to the by-laws made thereunder and attached hereto,
subject also to the following express conditions:—

As witness my hand, this day of , 190 .
[Signature of Chairman.]
[Signature of member.]
[Address.]
[Signature of member.]
[Address.]

The common seal of the Egmont National Park Board, and
the signatures of its Chairman and two members, were
hereunto affixed this day of 190 (in pursuance of a resolution of the Board passed on the day
of , 190 ), in the presence of— , witness.
, Chairman.

SECOND SCHEDULE.

“The Egmont National Park Act, 1901.”

Schedule of Fees for cutting Dead Timber.

ROYALTY shall be paid by the purchasers of dead timber in
the forests of abovenamed park according to following classification, at per 100 superficial feet:—