AUCKLAND PROVINCIAL GOVERNMENT GAZETTE.

shall not exceed an average of one (1) foot per second in the said thirty (30) feet, to be gauged by a float.

Supply of water may be reduced.

25. When the supply of water from any creek or stream shall be insufficient for the use of all the holders of water rights thereon, it shall be lawful for the Warden, upon adequate cause being shown, to reduce the quantity in due and equal proportion, which the said holders shall be entitled to draw therefrom, and to regulate the time and mode in which such water may be used.

Number of sluice-heads allowed.

26. The number of sluice-heads allowed for any such race as aforesaid shall be determined by the Warden according to the circumstances of each case and locality, but not more than five sluice-heads shall be allowed in any case: and no water right 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.

Water not to be wasted.

27. Holders of rights shall not allow any water to run to waste: but such water shall be appropriated to the use of the next holder of a right according to the date of their respective registrations.

Transfer or assignment.

28. The transfer or assignment of any race, or of any interest therein, shall not affect any right or privilege attached to such race. Provided that any such transfer or assignment shall have been duly registered and a memorandum thereof made upon the back of the original certificate.

Construction of crossings, &c.

29. Any holder of a Miner’s Right cutting a race across roads or thoroughfares shall construct and keep in repair good substantial and suitable crossings over the said race, not less than twelve (12) feet in width; and shall also construct suitable approaches not less than ten (10) feet in length to and on each side of said crossings. And any person or persons opening any new roads or thoroughfares across any race shall construct and keep in repair suitable approaches as aforesaid thereto. Provided that such last-mentioned roads, thoroughfares, and crossings shall not interfere with the security of the race.

Working ground occupied for races.

30. Any person desirous of working the ground on which any race or portion of a race is situated may do so by first providing an equally good race for the use of the occupier. Provided that the consent of the Warden thereto be first obtained.

Causing claims to be flooded.

31. No person shall back the water of any creek, river, race, or water-course upon any claim, or otherwise cause any claim to be flooded, either willfully or by neglect.

Obstructions to water-courses.

32. No person shall deposit any earth, stones, tailings, or other substance in or so that it may be washed into the bed of any water-course so as to obstruct the flow of the water therein.

Construction of tail-races.

33. Before any person shall construct a tail-race he shall first proceed by notice in the same manner as is directed in Section 28 of the Act, and if, at the expiration of seven clear days from the last service or advertisement, no objection shall have been lodged at the Warden’s Office, the Warden may issue a certificate authorizing the construction of such tail-race; but if any objection be lodged, the Warden shall appoint a day for hearing the applicant and the objector. And the Warden shall thereafter issue or withhold a certificate according to the equity of the case.

Use of tail-races.

34. Any person wishing to use a tail-race may do so on condition of first paying to the owner of such tail-race a proportionate share of the expense of construction, and of any enlargement that may be rendered necessary by such use. Provided that the person so using any tail-race shall bear an equal share in any labour or expense incurred in clearing the same, or such portion thereof as may be so used, whenever it shall be necessary to do so.

Flood races.

35. Any person may cut a flood race through or by his claim, subject to such restrictions as the Warden may consider necessary for the public good.

Races may be carried through claims.

36. Upon application being made to the Warden it shall be competent for him to authorize the applicant to pass a head-race or tail-race over, under, or through any claim or right. Provided that compensation shall be allowed for estimated damage (if any), and prior to commencing the construction of such race, such compensation shall be paid to the holder or holders of the claim or right over, under, or through which the proposed race has to be constructed.

Dams, &c.

37. Any miner intending to form a dam, or to erect a puddling machine, shall give notice thereof in writing to the Warden, and to the two (2) parties working or occupying claims nearest to the proposed site, who shall sign such notice expressing their assent or dissent therefrom.

Notices to be posted.

38. A copy of the application or notice required by the previous section shall be posted for seven (7) days on the proposed site, and outside the Warden’s Office; and at the expiration of that time the Warden may, if there be no valid objection there-against, issue a license for the site applied for.

Injury to property by dams.

39. If any claim shall be flooded or property injured by the bursting of any dam bank, the owner of such dam shall be liable for any loss or damage occasioned thereby, unless it is proved to the satisfaction of the Warden that such breaking away resulted from other causes than the faulty construction of such dam.

Machine sites.

40. Any person applying for a machine site shall, before having his application granted, furnish a survey and plan thereof to the satisfaction of the Warden.