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persons comprising any party, and that after the expiration of sixty (60) days from the granting of any such prospecting claim by the Warden, there shall be employed thereon one (1) man for each man's ground held by the party. Provided also, that if the Warden shall deem fit, he may on application extend the time for fully manning the ground for any additional term not exceeding four (4) months or being in the whole not more than six (6) months from the time of granting the additional or prospecting claims.

Area of residence sites.

38. Holders of Miner’s Rights shall be entitled to occupy for the purpose of residence, an area of thirty-three (33) feet by sixty-six (66) feet.

Residence site not to encroach on roads.

39. No miner shall occupy a residence site, any portion of which is within thirty-three (33) feet of the centre of a road or thoroughfare, or within twelve (12) feet of any site previously occupied, provided that in cases where two (2) or more Miner’s Rights are held by members of one family, they may amalgamate their allotments.

Marking out and applying for residence site.

40. Any miner desirous of occupying land under the preceding regulation, shall mark the corners of the area which he proposes to occupy, with trenches, or substantial posts, standing at least three (3) feet above the surface of the ground, and shall give notice in writing in the form hereunto appended, to the Warden of the district, and a copy of such notice shall be posted and maintained in some conspicuous part of such area, for the space of fourteen (14) clear days, at the expiration whereof, if no valid objection has been entered thereagainst, the Warden may grant a residence certificate to the applicants.

Holder of Residence Site may register during absence.

41. The holder of any residence site having any building erected thereon, may register the same for any period not exceeding three months, during which he may be absent from the same.

Residence site if deemed auriferous to be examined.

42. If any auriferous deposits shall be traced to the boundaries of any land occupied for residence, the Warden may, upon satisfactory proof thereof, authorise 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 site if auriferous may be taken.

43. If any residence 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 nominate.

Compensation for loss of site.

44. In all cases, compensation for actual damage or loss shall be ascertained and determined in the manner provided by sec. 18 of these regulations, and such compensation shall be paid prior to taking possession of the ground.

Warden to make orders as to mode of working residence site.

45. The Warden shall make such orders relative to the mode of working the ground in any residence site, the restoration of the soil and other conditions as he may deem necessary or desirable.

Transfer of residence site.

46. The right and interest in any area occupied under a residence certificate, may be transferred or assigned by the holder thereof, but such transfer or assignment shall, in all cases, be registered with the Warden and endorsed on the original certificate.

Searching records for information.

47. Any person requiring any information from the Mining Register book, may obtain the same on payment of a fee, as per schedule annexed.

WATER RIGHTS.

Applications for water rights.

48. Any person intending to divert and use water for mining purposes, by means of any water race to be constructed, shall give notice thereof in writing, to the Warden, and to any person whose interests may be affected by the diversion of such water, and copies of such notice shall be posted and maintained for fourteen (14) days at the source whence it is proposed to obtain water, and at the proposed termination of such water-race, and the intended course thereof shall be indicated by pegs not less than two inches square, or by large stones marked /1\ and placed not more than two hundred (200) yards apart, and such notices shall state the mean breadth and depth of the proposed water-race, and the quantity of water it is capable of carrying. And if no valid objection be entered against the construction of such water-race within fourteen (14) days from the delivery of such notice, a license renewable annually may be granted by the Warden to the applicant subject to the provisions and conditions herein contained.

Water required for public use not to be granted.

49. No license shall be granted for the use or diversion of any water which is or may be required for public purposes or for the use of the miners generally.

Races formerly made to be registered.

50. Races constructed prior to the proclamation of any Gold Field, or of these rules and regulations, must be licensed by the Warden, as provided by section 48.