AUCKLAND PROVINCIAL GOVERNMENT GAZETTE.

85

WATER-RIGHTS.

Superior rights defined.

21. Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the superior right. In all cases when the occupier claims under a certificate, or other authority in writing, by the Warden, occupation shall be taken to have commenced at the date of such certificate or authority.

Heads of races.

22. All races that may hereafter be cut shall have a point specified at which they shall be taken from the creek or river; in races already cut, this point shall be taken to be the spot from which the race now heads. No person shall shift or alter the head of any race without the written sanction of the Warden, nor to the prejudice of any existing right.

Alteration of races.

23. The alteration or extension of a race at any time shall not in any way affect any right or privilege attached to such race, and the holders thereof shall, during such alteration or extension, be deemed to be in occupation of all the rights and privileges attached to such race. Provided that such alteration or extensions shall first be approved of by the Warden.

Water gauge.

24. If any dispute shall arise between holders of water rights deriving their supply from the same creek or water-course relative to the quantity of water to which each of them, the said holders, is or may be entitled, the following shall be taken to be a head of water, and such holders shall be limited thereto.

(a) A stream of water gauged by a box twelve (12) feet long, ten (10) inches deep, and twenty (20) inches wide, all measured in the clear: the box shall be covered throughout. The upper or entrance end of such box may be left entirely open, but the lower end, or end of exit, shall be fitted with a bar two (2) inches high, affixed to the floor of the box, and with a pressure or head-board six (6) inches deep affixed to the top of the box, leaving an aperture of two (2) inches in depth, and of the full width of the box.

(b) If more than one sluice-head of water requires to be gauged, the gauge-box should be enlarged horizontally to ensure accurate measurement; but when this cannot be done owing to natural obstacles or other sufficient reasons, the gauge-box may be enlarged perpendicularly, in which case the depth of the pressure or head-board shall be reduced at the rate of one inch for every additional head of water that is perpendicularly measured.

(c) The gauge-box shall at all times be placed on a level. When water is taken from one source only, the supply shall be gauged at the head of the race, or the source of supply: but if the race is fed or supplied in any part by any side stream or streams, the gauge-box shall be placed immediately below such side stream, or the last of such side streams.

(d) The velocity of water above the gauge-box shall, if required, be lessened by the construction of a dam bank, or by levelling the race for a distance of thirty (30) feet, and such velocity

Prevention of accidents.

16. Any person who may sink a shaft, or make an excavation on his claim in search of auriferous quartz, shall substantially fence in, to the satisfaction of the Mining Inspector, such shaft or excavation to the height of at least four (4) feet, and maintain the same during the occupancy of such claim, and shall leave it so fenced on relinquishment or abandonment of the claim. Any miner working in alluvial ground within twenty-one (21) feet of any public road or crossing-place shall enclose any shaft or excavation which he shall make upon such claim by an embankment or fence, at least four (4) feet in height, so as to afford thereby a reasonable security against accidents to passengers, and no miner shall, when he abandons his claim, destroy or remove any such fence or embankment or portion thereof. Where from the nature of the ground it is impossible to prevent the descent of rocks, boulders, stones, earth, or other heavy substances when disturbed by working, it shall not be lawful to mine on such claim, unless notice boards with the words "Danger from Stones," in letters not less than four (4) inches in length, painted thereon, shall be placed at intervals of ten yards along any line of road or footpath near to the place where such rock, stone, or heavy substance is likely to fall.

17. No person shall remove any props or timber, the removal of which may endanger life or injure the workings of any claim, and no person shall draw slabs or timber out of any shaft or abandoned ground without filling in such shaft as timber is removed.

Amalgamation.

18. The owners of any number of adjoining claims may, by writing under their respective hands, amalgamate the same, provided such amalgamation shall be duly registered, and that the area of such amalgamated claims shall not exceed 30 acres.

Penalty for holding surplus ground.

19. When any miner or miners shall have marked off or taken possession of more ground than he or they are entitled to under these Regulations, any other miner or miners may mark off the surplus on any side or end thereof. Provided always that any such surplus does not include any existing shafts, drives, or other workings in use by the previous occupants.

Tunnelling.

20. The owner of any claim who shall desire to make any level, adit, drive, or tunnel through other Crown lands, whether held as claims or not, shall apply to the Warden, who shall, upon hearing all parties interested, make such order as to him shall seem just, prescribing the mode in and the terms and conditions on which such level, adit, drive, or tunnel may be made, and fixing the compensation, if any, to be paid to any person who may be injured thereby.