119

appointed as aforesaid, or in case of difference of opinion between the said assessors, by such Commissioner and one of the assessors.

29. Defining the term "Surplus Water."—Surplus water shall be taken to mean all water in excess of the water privilege, the water privilege being the right to convey a certain number of sluice heads of water from some stream or dam.

30. Registering Water Privileges, and Fee for the same.—Every water privilege or right shall be registered in a book to be kept at the office of the Commissioner, and the fee to be charged for registering every such water privilege or right shall be after the rate of Ten shillings for each ordinary sluice head of water, or Twenty shillings for each ground sluice head of water contained in it.

31. Forfeiture of Water Privilege.—All water privileges not used and upheld for a period of three months shall be held to be forfeited, unless such abandonment be explained to the satisfaction of the Commissioner.

32. Right of Original Proprietor to Boxes or Leads.—In the event of any water privilege or right being so forfeited, and such water having been led in wooden leads or in pipes, it shall be lawful for the Commissioner to cause the person jumping or taking possession of the same to pay such remuneration to the proprietors of such wooden leads or pipes as shall be awarded by the said Commissioner and two assessors; to be appointed as aforesaid, or in case of a difference of opinion between such assessors, then by the Commissioner and one of the said assessors. Provided that the person jumping such water privilege or right shall not be compelled to pay for such leads or pipes, if he shall consider that it would be more advantageous to him to bring the water otherwise from the stream or gully, and that he uses no part or portion of the leads or pipes belonging to the previous holder of the water privilege.

33. Right to lead Water through or over occupied Claims.—Any miner may, with the consent of the Commissioner, lead water over or through an occupied claim, whether such claim is held under a miner\'s right, license, or lease. Provided that such water shall not be led in such a manner as to injuriously affect the interests of the occupier of any such claim, but shall be subject to the approval of the Commissioner, and be done in such a way as to be fair to all persons concerned.

34. Water-works not to be injured wilfully.—No person shall injure any race or dam, or do anything to obstruct the water, or to deprive the person who has diverted the water of the use thereof.

35. Tail Races not to be obstructed.—If any person shall take possession of unoccupied ground over which water escapes from an unoccupied claim, he shall not obstruct the flow thereof so as to throw it back upon the claim from which it escapes.

36. Rights of Proprietors of Tail Races.—If a tail race is cut through unoccupied ground, it shall be lawful for the proprietor of such tail race to clear out the same when necessary, and to wash any tailings deposited therein from his claim. Provided that if the ground on each side of such tail race shall afterwards be occupied, the owner of it shall not deposit tailings from the tail race on the land so occupied, but shall, when desiring to clear out his tail race, deposit the tailings on unoccupied ground, or on his own claim, otherwise he shall have no right to wash or remove the same.

37. Miners\' Rights, how affected by Applications for Leases of Auriferous Lands.—After any application for a lease of land for gold mining purposes has been duly advertised, the right of holders of miners\' rights to mine for gold on or to occupy the land so applied for shall cease, save and except in the case of those holders of miners\' rights who shall be actually employed in mining for gold within the block applied for at the date of such advertisement, or such miners as shall be employed by the applicant afterwards. Provided that nothing herein contained shall be deemed to interfere with the prerogative of the Crown to disallow any application for a lease of land for gold mining purposes; nor shall the applicant be considered entitled to work the same previous to the execution of the lease, except at his own risk.

38. Miners\' Rights to be shown when demanded.—Every holder of a miner\'s right must, on demand of any constable, or of any person being the holder of a miner\'s right, to see his miner\'s right, exhibit the same.

39. On refusal to show Miner\'s Right, Holder loses Protection.—In the event of any dispute arising from the refusal of the holder of a miner\'s right to exhibit it when demanded by another person being the holder of a miner\'s right, the person so refusing shall not be entitled to any protection, and his claim may be jumped accordingly.

40. Transfer of Claims and Water Rights.—Claims or water privileges may be transferred to any authorised person; but such transfer shall not be legal until it has been registered in the office of the Commissioner. The fee for registering the transfer of any claim or water right shall be Five shillings for every claim or water right so registered. Provided that the Commissioner may, if he deems fit, forbid the transfer of a water privilege or right.