Sept. 21.] THE NEW ZEALAND GAZETTE. 1349

or branches thereof shall obstruct or impede the free flow of water in or through any aqueduct, race, culvert, or other waterworks, or shall cast any tree, gorse, broom, thorn, or other bush or plant, or cuttings therefrom, into the water of such aqueduct, race, culvert, or other waterwork, or upon the bank, edge, top, or side thereof, or shall permit any tree, gorse, broom, thorn, or other bush or plant, or the cuttings from any tree, gorse, broom, thorn, or other bush or plant, to lie upon or close to any culvert, race, or other waterwork:

(c.) Plough, dig up, or disturb the banks, sides, or bottom of any water-race, or in anywise injure any water-race:

(d.) Ride, drive, or lead any horse or other animal, or drive, wheel, or transport any carriage, cart, or other vehicle, tree, timber, engine, boiler, machine, or anything whatsoever in, through, along, or across any race or other waterwork, whether such race or other waterwork shall be in or upon land belonging to or in the occupation of the Council or the Crown, or private land, or in or upon any road or elsewhere, except at the crossing-places appointed by the Council:

(e.) Cause, permit, or suffer any horse, bull, ox, cow, pig, goat, or other animal to trespass in or upon any building, dam, weir, reservoir, race, culvert, tank, or other waterwork, or to injure or destroy the same, or befoul the water thereof:

(f.) Cause, permit, or suffer any horse, bull, ox, cow, pig, goat, or other animal to injure, destroy, or trespass upon any fence, gate, or plantation of trees, bushes, or shrubs erected, made, planted, or kept for the protection of, or otherwise in connection with, any waterworks:

(g.) Break, cut, bark, root up, or otherwise damage or destroy, or cause or suffer to be damaged or destroyed, any fence, gate, tree, bush, or shrub erected, made, planted, or kept for the protection of or otherwise in connection with any waterworks, although the injury done shall not be to the amount of one shilling:

(h.) Obstruct by any means whatsoever, either wholly or partially, any field-crossing belonging to any waterworks:

(i.) Injure or destroy any dam, embankment, weir, aqueduct, bridge, culvert, well, tank, pipe, building, engine, boiler, machinery, or plant of any waterworks:

(j.) Open, close, displace, alter, or interfere with any watergauge, sluice, pipe, conduit, race, drain, or other channel or means for the conveyance or transference of water, or shall interfere or tamper with any engine, boiler, machinery, or plant belonging or appertaining to or used in connection with any waterworks:

(k.) Bathe in any reservoir, stream, race, or other waterwork, or shall wash, cleanse, throw, or cause to enter therein any animal, whether alive or dead, or any rubbish, filth, stuff, or thing of any kind whatsoever, or shall cause or permit or suffer to run or be brought therein the water of any such sewer, drain, engine, boiler, or machine, or other filthy, unwholesome, or improper water, liquid, or matter, or shall do, or permit or suffer to be done, anything whatsoever whereby any waterworks or the water therein shall be fouled, obstructed, or damaged:

(l.) Place any boat or other craft in the water of any reservoir, race, stream, or other waterwork:

(m.) Pitch or erect or cause to be pitched or erected any tent, building, or other structure, whether of a permanent or temporary nature, or shall tether or fasten or cause to be tethered or fastened any animal, or shall drive or fix or cause to be driven or fixed any post, stake, hurdle, or other thing upon or into or in immediate proximity to the top, edge, side, or bank of any dam, embankment, culvert, aqueduct, race, tank, or other waterwork:

such person shall, upon conviction, forfeit and pay for every such offence a sum not exceeding £20.

Other Offences.

11. Whosoever shall be found without lawful excuse in or upon any building belonging or appertaining to or used by the Council in connection with any waterworks shall on conviction forfeit and pay for every such offence a sum not exceeding £10.

12. In places where the Council shall permit lands adjacent to races or other waterworks and belonging or appertaining thereto to be used or occupied for any other purpose, any person who shall plough, harrow, dig, cultivate, or otherwise disturb the soil, or shall plant or sow any tree, gorse, broom, thorn, shrub, or plant, within the space of ten feet from the edge or bank of any such race or waterwork shall, on conviction, forfeit and pay for every such offence a sum not exceeding £20.

13. If any person shall, without the leave and license of the Council in that behalf first had and obtained, shoot, snare, or attempt to shoot or snare, waterfowl or other birds, or take or attempt to take fish in, about, or from any reservoir, stream, race, channel, or other waterworks he shall, on conviction, forfeit and pay for every such offence a sum not exceeding £10.

Rangers.

14. It shall be lawful for every ranger, officer, servant, or workman of the Council, or any person whomsoever employed by the Council in or about the inspection, construction, maintenance, or repair of waterworks or otherwise in connection therewith, or for any person who may be authorized by the Council to act in this behalf with horses, carts, vehicles, and all things which may be necessary, to enter upon, pass, and repass over any private lands in the execution of his duty, and to remain there for such time as the performance of his duty shall require.

15. Whosoever shall obstruct, hinder, or impede, or attempt to obstruct, hinder, or impede, any ranger, officer, servant, or workman of the Council, or any person whomsoever employed by the Council in or about the inspection, construction, maintenance, or repair of waterworks or otherwise in connection therewith, in the execution of his duty shall, upon conviction, forfeit and pay for every such offence a sum not exceeding £20.

Construction of Races.

16. Two or more occupiers or owners whose lands adjoin may unite in an application to the Council for a service-race for the use of their lands.

17. The owner or occupier of any land or the owners or occupiers of adjoining lands may apply to the Council to construct a main or branch race or water-channel through or adjacent to his or their land or lands, and such application shall be signed by the applicant or applicants, who shall truly state therein the matters and things following, that is to say—

(a.) The number or numbers of the sections of land which he desires to supply, as the same are shown on the survey map of the district;

(b.) The acreage of such land according to the Government survey thereof;

(c.) The point on the boundary of his land at which he desires that the water shall enter the land.

If the Council shall grant such application it may do so upon condition that the expense of constructing the said race or channel shall be defrayed by the applicant or applicants, and may impose any other terms and conditions it shall think fit, including a special charge for the use of the water to be supplied by means of such race or channel. In every case the applicant or applicants shall grant to the Council a perpetual right of way at least 50 links wide over his or their lands for all purposes connected with the construction, maintenance, repair, and inspection of the proposed race or channel and the works belonging thereto, with a right of entry over all other parts of his said land for the same purposes; shall maintain and keep in repair and free from vegetable growths and all obstructions such race or channel when constructed, and all works connected therewith; and shall further obey all by-laws and regulations of the Council which may from time to time be in force and affect such race or channel. The race or channel and all works connected therewith, whether constructed at the expense of the applicant or applicants or not, shall be constructed by the Council or under its direction and supervision:

Provided, however, that, if at any time after the said race or channel is constructed extraordinary damage is occasioned to the same by floods, the cost of repairing such damage shall be defrayed by the Council.

18. In the case of applications by adjoining owners or occupiers under Nos. 16 or 17 of these by-laws, each occupier or owner shall permit the water which shall flow into his land, over and above the portion thereof which he shall be entitled to consume, to flow through his land and into the adjoining land the owner or occupier of which is entitled to receive the same, without obstruction and diminution, except such as shall occur through ordinary waste, and also without pollution: Provided always that the Council shall not be responsible to any of such owners or occupiers of adjoining lands for any loss, diminution, or pollution of water which shall occur in the passage of such water through the dominant lands.

General.

19. Nothing in these by-laws contained shall restrict or interfere with the power and control of the Council over the reservoirs, headworks, streams, races, and other parts of the waterworks belonging to the Council or formed or made with its consent or under its authority, and the Council shall at all times have and retain full and complete control over the water thereof, and over all works connected therewith or appertaining thereto; and notwithstanding anything herein contained, and the granting of any application under these by-laws or any other by-laws which may hereafter be made by the Council in supplement thereof or substitution therefor, it shall be lawful for the Council from time to time, when-