Oct. 4.]

THE NEW ZEALAND GAZETTE. 1429

Tenders, indorsed "Tender for Mail Service, No. " to If such application shall be consented to by the Manager,
be addressed to the Postmaster-General, Wellington, and the applicant shall then lodge such consent in the Warden's
enclosed to the Chief Postmaster, Dunedin. office at Kumara, and shall apply to the said Warden, in the

W. GRAY, manner provided by "The Mines Act, 1877," and the regu-
Secretary. lations made thereunder, for the granting of tail-races.
Regulations under Part IX. of "The Public Works Act, Notice of the application and date of hearing shall be given
1882," for the Use of the Kumara Sludge-channel. to the Manager.

Public Works Department, 4. No greater quantity of water than six sluice-heads shall
Wellington, 3rd October, 1883. be permitted to pass through any tail-race unless or until the
IN exercise and pursuance of the powers and authorities carrying capacity of the sludge-channel shall, in the opinion
vested in me by the two hundred and fifth section of of the Manager, justify a larger allowance; and in such case
"The Public Works Act, 1882," and all other powers and the larger allowance shall be given by preference to those
authorities vested in me in that behalf, I, Walter Woods persons whose tail-races have a less fall than 4 feet in 66 feet,
Johnston, the Minister for Public Works for the Colony of and the fall within the last 50 feet of the tail-race from its
New Zealand, do hereby make the following regulations for junction with the sludge-channel shall be deemed to be the
prescribing the terms and conditions on which the Kumara fall of the tail-race.
Sludge-channel, at Kumara, in the Provincial District of 5. Upon the said tail-race being constructed according to
Westland, in New Zealand, may be used, and the rates and the said application, the Manager shall, on application, issue
charges to be paid, for the drainage of gold-mining claims: to the applicant a license in the form marked C in the said
And I do further direct that such regulations shall come into Schedule, entitling the person or persons named in such
force on the twenty-second day of October instant, and license to use the said sludge-channel for the time and upon
thereafter all regulations then in force shall be repealed. the terms in such license mentioned.

WALTER W. JOHNSTON. 6. At the expiration of any license, whether now granted

REGULATIONS. and in force under existing regulations, or hereafter to be
Interpretation. In these regulations, and in all documents, granted under these regulations, all right to use the said
licenses, and authorities to be issued hereunder, the following sludge-channel under such license shall absolutely cease and
words shall have the meanings herein assigned to them:- determine, and the tail-race at its entrance to the said sludge-
"Sludge-channel" shall mean the Kumara Sludge-chan- channel shall be closed, until a fresh application, in the form
nel at Kumara, in the Provincial District of Westland, marked D in the Schedule hereto, shall have been made to
in New Zealand, and every part thereof as now con- the Manager, in whose sole discretion it shall be to grant or
structed and in use; and all extensions, enlargements, refuse a renewal of the expired license for such further time
and alterations thereof, with all timbers, boxes, blocks, or to such of the persons named in the expired license
tramways, and mining appliances, chattels, and things exclusive of others therein named, as he shall see fit, but no
now used in or hereafter to be used in connection with fresh application to the Warden for a tail-race then existing
such sludge-channel: and connecting with the sludge-channel shall be requisite;
"Tail-race" shall, unless otherwise stated, mean a tail-race and, in event of the Manager refusing to renew the license or
constructed or to be constructed between the sludge- renewing only for a limited period, or only to certain of the
channel and any claim by means of which the débris persons therein named, no claim for compensation for loss of
or tailings from such claim are sluiced or discharged time, labour, or money expended in opening up claim or con-
into the said sludge-channel: structing head-races, tail-races, or other works in connection
"Manager" shall mean John Gow, Esquire, of Kumara, with the said sludge-channel, or otherwise howsoever shall be
or other the manager for the time being hereafter to allowed; and these regulations may be pleaded as an absolute
be appointed by His Excellency the Governor of New bar to any proceedings taken to enforce any such claim in
Zealand, and for the time being filling the office of any Warden's Court or other Court of law or equity.
such manager under such appointment: 7. Any license may be transferred by consent of the
"The said Act" shall mean "The Public Works Act, 1882:" Manager expressed by indorsement on such license in the
"Minister" shall mean the Minister for Public Works form E in the Schedule hereto, and the instrument of
appointed under the said Act; and includes the transfer, or a duplicate thereof, shall be deposited with the
successor and successors in office of such Minister: Manager.
"Warden" shall mean the Warden for the District of Ku- 8. Priority of right to use the sludge-channel shall be
mara appointed under the provisions of "The Mines determined, not by the date of the licenses, but by the use
Act, 1877," or any Act of the General Assembly of of the water from the Government race; and the person
New Zealand amending the same: whose name is first entered in the Manager's book as a
The words "per week" shall mean six working days of purchaser of water shall have the first right to the use of the
four hours each, that is to say, twenty-four hours sludge-channel, and so on seriatim. But such priority of
between the hours of midnight on the day prior to right shall be subject to the discretion of the Manager to
using the sludge-channel and midnight on the sixth arrange the order of working amongst the parties, and to
day from the date of commencement to use the assign to any of them such hours for working as he may deem
said sludge-channel, Sundays excluded: to be necessary for the avoidance of blocking in the sludge-
The words "Her Majesty," "Governor," "person," shall channel, and for the safe working of the sludge-channel,
have the meanings assigned to them by "The Inter- water-races, and flumes. In the event of any such
pretation Act, 1878," and words importing the singular purchaser failing to use the water for the space of
number include the plural, and words importing the fourteen days, his priority of right to the use of the sludge-
plural number include the singular, and words import- channel may be held to have ceased. A day's use of the
ing the masculine gender include the feminine. sludge-channel shall be deemed to mean a period of not more

1. No person shall cut into, connect with, sluice into, or in than four hours.
   any way make use of the said sludge-channel, except in ac- 9. All persons using the sludge-channel shall satisfy the
   cordance with and subject to these regulations. Manager on demand that they are the holders of licenses,
2. Any person desirous of cutting into, connecting with, or and the Manager may refuse to allow the use of the sludge-
   using the said sludge-channel by means of a tail-race shall channel to the holders of any tail-race until he is satisfied
   deliver to the Manager an application in writing in the form that all persons using the sludge-channel by means of such
   marked A in the Schedule hereto. Such application shall be tail-race are the holders of licenses. And no holders of
   in duplicate, and shall be signed by such applicant, or, if licenses shall, without the permission of the Manager, allow
   more than one person's name is included in such application, any person not the holder of a license to join with them in
   then the same shall be signed by all such persons in their the use of the sludge-channel.
   own proper handwritings; but no application shall be made by 10. No person using the said sludge-channel shall, by
   or entertained from persons intending to use the said sludge- reason of having a license as aforesaid to use the same, be
   channel for the sluicing or draining into the same other than entitled to run any water into the said sludge-channel,
   the natural drainage of such persons' claim, or water obtained except such as shall be the natural drainage of such persons'
   from the Government water-race called the Kumara Water- claim or workings, and such as shall be brought into such
   race; but no tail-race shall, for 50 feet from its entrance to claim from the said Government water-race known as the
   the said sludge-channel, have a greater gradient than 4 feet Kumara Water-race; nor shall such person have any right
   per chain, or 8 inches to every 11 feet of such 50 feet, to require that any water from the said race or from any
   throughout which length the above gradient shall be main- other supply shall be let into the said sludge-channel at the
   tained on the surface of the blocks or paving. head thereof.
3. The Manager shall, without unnecessary delay, consider 11. All gold which shall by any means be deposited in the
   the application, and either refuse the same by writing said sludge-channel shall be the property of Her Majesty,
   thereon the word "refused," together with his name and and no person but the said Manager, or his servants
   date of such refusal; or shall consent to such application in or agents, or other person specially appointed by Her
   the form marked B in the said Schedule. Majesty, shall have any right, title, or authority to lift or
   interfere with the blocks in the said sludge-channel, or to
   collect or wash up any gold tailings or other substances
   there deposited.
4. No license to use the said sludge-channel, or to cut