1430
THE NEW ZEALAND GAZETTE.
[No. 102

into or connect therewith, shall be granted to any person
unless he be the holder of a miner's right issued under
"The Mines Act, 1877," and the regulations made there-
under.
13. The rate to be paid by holders of licenses for the privi-
lege of using the said sludge-channel shall be ten shillings
per week for each miner (whether owner or wages man),
employed at or working in each claim from which water and
tailings are run into such sludge-channel, such payment to
be made every four weeks at the office of the Manager
in Kumara. In default of such payment the license shall be
liable to forfeiture, and any moneys payable in respect of such
license or the rights and privileges granted thereunder or
under these regulations may be sued for and recovered in the
manner provided by section 205 of the said Act, any such
forfeiture notwithstanding.
14. All persons owning, occupying, or using any tail-race
discharging water and tailings into the sludge-channel shall
immediately cease to so discharge water and tailings when
required so to do by the Manager or his deputy, either
verbally or in writing.
15. The Manager shall at all times have full access to
any tail-race discharging into the sludge-channel, or any
claim connected with such tail-race; and every person own-
ing, occupying, or using such tail-race or claim shall, when
required by the said Manager, afford him or his deputy every
facility for obtaining such access, and for allowing inspection
of his or their claim and tail-race and the working thereof.
16. No person owning, occupying, or using any tail-race
emptying into the sludge-channel shall cause any injury to
the said sludge-channel; and if any such person shall
wilfully cause any damage to the sludge-channel, he shall,
in addition to paying the full cost of repairing such damage,
be liable to a penalty of not more than £100, to be recovered
in manner provided by section 223 of the said Act.
17. Every claim discharging into the sludge-channel
shall be continuously worked, except in case of sickness,
unavoidable absence of any person, or in consequence of
failure of water-supply, or from other unavoidable cause. If
not so worked, or if neglected for the space of one calendar
month, unless protected as provided for by the mining
regulations, the license for the use of such sludge-channel
shall be liable to forfeiture. Notice of application for protec-
tion shall be given to the Manager in writing, failing which
the protection of the claim or tail-race shall not avail to
prevent forfeiture of the license.
18. If at any time in the opinion of the said Manager it
should become necessary to stop the working of the said
sludge-channel entirely, or to limit the number of persons
using the same, or to limit the hours during which any
permit is to be exercised, it shall be lawful for the said
Manager, either verbally or by a notice in writing addressed
to all persons then using the said sludge-channel, or to such
of them as are intended to be affected by such notice, to
require them to cease working, either wholly or in part as
in such notice may be mentioned; and all persons affected or
intended to be affected by such notice, or to whom the same
shall apply, shall duly comply with such notice according to
the tenor and effect thereof.
19. No person who shall be stopped from working by the
notice referred to in the preceding clause, or who shall be
otherwise affected thereby, or who shall be at any time
prevented or hindered from working in his claim, or suffer
any loss or damage by reason of the stoppage of the working
of the said channel by the Manager as aforesaid or for the
purpose of clearing, repairing, or cleaning up the same, or
by reason of the same choking or becoming filled with
stones, tailings, or débris, or from any other cause whatso-
ever, shall make, have, or maintain any claim, right, or
demand for loss, damages, or compensation whatsoever by
reason of such stoppage; but, should such stoppage at any
time extend over four hours at one time, any person who
shall be running tailings into or otherwise using the said
sludge-channel at such time shall be entitled to a return of a
part of his payment if already paid, or a deduction from the
amount agreed to be paid in the proportion which the time of
stoppage bears to the whole period paid for or to be paid for.
20. The owners or occupiers of any tail-race discharging
into the sludge-channel shall, at all times whilst the said
tail-race is working, keep a competent man at the end of
such tail-race, provided with proper appliances for the pur-
pose of preventing a block or stoppage in the said sludge-
channel; and, failing so to do, the Manager may put on such
man, or may provide such means of signalling as may be
necessary, and the cost of so doing shall be paid by such
owners or occupiers to the Manager on demand.
21. If at any time, from the sluicing operations that are
then being carried on, a stoppage shall occur in the said
sludge-channel, or the side-floors be filled up from the over-
flow of débris, all persons then running into or actually
using the said sludge-channel shall forthwith discontinue
running into or using the same, and shall, without delay,
proceed to assist in clearing the stoppage and removing the
said débris; and no person shall again begin to run into the
said sludge-channel until such stoppage has ceased, and
until the Manager or his deputy has declared verbally or by
signals that the sludge-channel is again ready for use. No
allowance for loss of time or water during such stoppage
shall be claimed except as provided for in Regulation No. 19
hereof.
22. All persons owning, occupying, or using tail-races con-
nected with or running into the said sludge-channel shall
keep and at all times maintain in a conspicuous place near
the head of their boxes, so as to be plainly seen from the
surface of their claim, an iron or wooden grating, to be ap-
proved of by the Manager before and after being fixed, and of
such size and dimensions as to prevent stones, tailings, timber,
and other substances of greater diameter than seven inches,
measured in any way, from passing through their said tail-
races into the said sludge-channel; and no person shall, under
any circumstances, send into or down the said sludge-channel
stones, tailings, timber, or other solid substances of a greater
diameter than that above specified. No angular stones
whatever shall run into the channel, and any person found
breaking stones up in order to reduce them to the minimum
size above defined shall be held to have committed a wilful
breach of these regulations. The Manager may, at any time
when he thinks it necessary, fix a grating, either tem-
porarily or permanently, at the junction of any tail-race with
the sludge-channel, to ascertain if larger stones, &c., than
those above specified are being sluiced into the sludge-
channel, or to prevent the same being done.
Provided that, at any time after the expiration of twelve
months from the date when these regulations shall have
come into operation, the Manager shall have the power, if he
finds it necessary for the proper working of the sludge-
channel and for the prevention of an undue accumulation of
tailings outside the same, to reduce the diameter of the stones
and other substances passing through the tail-races into the
sludge-channel to such dimensions as he may think neces-
sary, and gratings of corresponding dimensions shall be fixed
accordingly at the upper and lower ends of the said tail-
races.
23. If any person having a license as aforesaid to sluice
into or use the said sludge-channel shall commit a breach of
these regulations, or any of them, or shall neglect or refuse
to obey, perform, and execute the orders of the said Manager
as herein provided, it shall be lawful for the Manager forth-
with, by notice in writing under his hand addressed to such
person and left at his residence, or posted on his claim or his
said tail-race, to cancel such license, and the same shall there-
upon become void and of no further force or effect; and if any
such person shall continue to use the said sludge-channel after
such cancellation he shall be liable to be proceeded against
under section 208 of the said Act, and be subject to the
penalties therein provided as to unauthorized persons using
the said sludge-channel.
24. The entrance from any tail-race to the said sludge-
channel shall be constructed in a workmanlike manner,
under the supervision and to the satisfaction of the Manager,
for a distance of 50 feet from the outside wall of the said
sludge-channel where the entrance is made, before any permit
is granted to use the said sludge-channel; and such entrance
shall at all times be kept in good and substantial repair, to
the satisfaction of the Manager.
25. All timber and material used at the junction of any
tail-race with the said sludge-channel and forming the said
entrance of the said tail-race to the said sludge-channel shall
be deemed to be part of the said sludge-channel, and shall
not be again removed or interfered with without the consent
of the said Manager.
26. If any occupier or owner of any tail-race connected
with the said sludge-channel, or any person using such
sludge-channel, shall neglect, refuse, or fail to do or perform
any act, matter, or thing by these regulations imposed upon
him, and which he should do or cause to be done, it shall be
lawful for, but not obligatory upon, the Manager (irrespective
of the powers of cancellation of license conferred by these
regulations) to do and perform such act, matter, or thing at
the expense of the person so neglecting or failing; and such
person shall on demand pay to the Manager the costs in-
curred by such failure.
SCHEDULE.
A.
FORM OF APPLICATION FOR A LICENSE TO USE THE KUMARA
SLUDGE-CHANNEL.
To the Manager of the Kumara Sludge-channel.
IN pursuance of the regulations relating to the use of the
above sludge-channel, I (or we), the person (or persons) whose
name (or names) is (or are) hereunder written, being the
holder of a miner's right (or being respectively holders of
miners' rights), do hereby give you notice that I (or we) in-
tend to apply to the Warden for license to construct a
tail-race from my (or our) claim at
, and connecting
with the sludge-channel at a point
. The length of
such tail-race will be
, the depth
, the width
.