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Auckland Provincial Government Gazette.

name, address, and particulars of the claim or interest posted on the ground.

Report required in certain cases.

23. No protection under sub-sections 1, 2, or 4 of Rule 19 shall be granted except upon the report and certificate of the Mining Inspector or other competent person appointed by the Warden, for which report there shall be paid into the Warden’s office before such report is made the sum of ten shillings and sixpence from the parties applying for protection.

Conveyance of debris or rubbish over adjoining claims.

24. It shall be lawful for miners, when it is not practicable to discharge for debris from their working on to their own or to unoccupied ground, to discharge or convey the same on to or over adjacent claims. Provided that the permission of the Warden, in writing, shall have been previously obtained, such permission being withheld or given upon terms, or otherwise, in the discretion of the Warden.

Inspection.

25. If the owner of any claim shall show reasonable cause for the suspicion that his claim is receiving damage from the working of any claim adjoining, the Warden may grant permission for the inspection of such adjoining claim.

PART II.—WATER RIGHTS, TAIL RACES, &c.

Application for Water Rights.

26. Any miner intending to divert and use water for mining purposes by means of any water race to be constructed, shall give notice thereof in writing in the form hereto appended, marked Schedule C, to the Warden and to any person whose interest 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 clearing a line as nearly as may be practicable along the proposed course of the race, and by pegs not less than two inches square, or by large stones marked A and placed not more than two hundred (200) yards apart, and such notice shall state the mean breadth and depth of the proposed water-race, the quantity of water it is capable of carrying, and the number of sluice-heads which it is proposed to appropriate. And if no valid objection be entered against the construction of such water-race within fourteen (14) days, a license renewable annually may, on payment of the fees payable in respect thereof, be granted by the Warden to the applicant, subject to the provisions and conditions of these Regulations.

Superior Rights Defined.

27. Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the superior right; and occupation shall be taken to have commenced at the date of the license under which a race is held.

Races to be commenced within given time.

28. The cutting and formation of a race must be commenced within one calendar month from the date of the license, and the occupier shall continue cutting and forming the same, or engaged in necessary work connected therewith, until the work is completed, otherwise such license shall be deemed forfeited.

Forfeiture of Races.

29. A license shall be deemed forfeited if the race be abandoned for the space of one calendar month, except where the operation of this provision be suspended as hereinafter mentioned, and except where circumstances be proved sufficient, in the opinion of the Warden, to excuse any default. It shall be lawful for the Warden, in his discretion, upon sufficient cause being shown, to suspend the operation of this Regulation for any period, and a certificate of suspension shall be given in writing to the licensee.

Alteration of Races.

30. 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 licensee 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 extension shall first be approved of by the Warden.

Insufficient Supply of Water.

31. If the water flowing in any creek or river be insufficient to supply all the races connected therewith, a licensee, on receipt of a written notice from the licensee of a superior right, stating that the supply of water to such superior right is less than the last mentioned licensee is entitled to shall immediately cease to use the water, or such portion thereof as may be necessary to make up the supply of the superior right.

Number of Sluice-heads allowed.

32. 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, and no license shall be granted for the use or diversion of any water which, in the opinion of the Warden, is or may be shown to be required for public purposes or for the use of the miners generally.

Water not to be Wasted.

33. A licensee shall not allow any water to run to waste; but such water shall be appropriated to the use of the next licensee in priority of date.

Assignment.

34. A license shall be assignable.

Keeping races in repair, bridging, &c.

35. The holder or occupier of any race shall keep the same in repair, and shall make an efficient bridge where any road in ordinary use crosses the race, upon being required to do so by the Warden.

Working ground occupied for races.

36. Any miner, 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 licensee; provided that the consent of the Warden thereto be first obtained.

Water for general use.

37. If and as directed by the Warden one or two sluice heads of water shall be at all times allowed to flow in the natural course of a creek or river, for general use.

Causing claims to be flooded.

38. 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 wilfully, or by neglect.