FEB. 12.] THE NEW ZEALAND GAZETTE. 225

planted, or kept for the protection or otherwise in
connection with any waterworks, although the
injury done shall not be to the amount of 1s.;
(h.) Obstruct by any means whatsoever, either wholly or
partially, any field-crossings belonging to any water-
works;
(i.) Injure or destroy any dam, embankment, weir, aque-
duct, bridge, culvert, well, tank, pipe, building,
engine, boiler, machine, or plant of any water-
works;
(j.) Open, close, displace, alter, or interfere with any
water- gauge, sluice, pipe, conduit, race, drain, or
other channel or means for the conveyance or
transfer 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 water-
work; or shall wash, cleanse, throw, or cause to
enter therein any animal, whether alive or dead, or
any rubbish, filth, stuff, or things of any kind what-
soever; 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 water therein
shall be befouled, obstructed, or damaged;
(l.) Place any boat or other craft in the water of any reser-
voir, race, stream, or other waterwork;
(m.) Pitch or erect, or cause to be pitched or erected, any
tent, building, or other structure whatever of a
permanent or temporary nature, or shall tether or
fasten, or cause to be tethered or fastened, any
animal, or shall drive 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 persons shall, upon conviction, forfeit and pay for
every such offence a sum not exceeding £20.

Other Offences.

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

12. In places where the Board shall permit land adjacent
    to races and other waterworks, and belonging or appertain-
    ing 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 10
    feet from the edge or bank of any such race or waterwork,
    shall, upon conviction, forfeit and pay for every such offence
    a sum not exceeding £10.

13. If any person shall, without the leave and license of
    the Board in that behalf first had and obtained, shoot,
    snare, or attempt to shoot or snare, any waterfowl or other
    birds, or take or attempt to take any fish in, about, or from
    any reservoir, stream, race, channel, or other waterworks,
    such person 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 Board, or any person whomsoever employed
    by the Board in or about the inspection, construction, main-
    tenance, or repair of waterworks, or otherwise in connection
    therewith, or for any person who may be authorized by the
    Board 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. Whoever shall obstruct, hinder, or impede, or attempt
    to obstruct, hinder, or impede, any Ranger, officer, servant,
    or workman of the Board, or any person whomsoever em-
    ployed by the Board in or about the inspection, construction,
    maintenance, or repairs of waterworks, or otherwise in con-
    nection 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 Board 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 Board to
    construct a main or branch race or water-channel through
    or adjacent to his or their 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 section of land which
    he desires to supply, as the same are shown on the
    survey 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 the water shall enter the land.
    If the Board shall grant such application it may do so on
    condition that the expenses of constructing such race or
    channel shall be defrayed by the applicant, 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
    such race or channel. In every case the applicant or appli-
    cants shall grant to the Board 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 growth and all ob-
    structions, such race or channel when constructed, and all
    works connected therewith; and shall further obey all by-
    laws and regulations of the Board 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 ap-
    plicants or not, shall be constructed by the Board or under
    its direction or supervision:
    Provided, however, that if, at any time after the said race
    or channel is so constructed, extraordinary damage is occa-
    sioned to the same by floods, the cost of repairing such
    damage shall be defrayed by the Board.

18. In the case of applications by adjoining owners or
    occupiers under Nos. 16 and 17 of these by-laws, each occu-
    pier 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 or diminution, except
    such as shall occur through ordinary waste, and also without
    pollution:
    Provided always that the Board shall not be responsible to
    any 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 Board over the
    reservoirs, head-works, streams, races, and other parts of
    the waterworks belonging to the Board, or framed or made
    with its consent or under its authority, and the Board 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 other by-laws which may hereafter be made by
    the Board in supplement or substitution thereof, it shall be
    lawful for the Board from time to time, whenever it shall
    think fit, to stop the flow of water in any distributing chan-
    nels or races in any branch or service race or channel for
    the purpose of husbanding the supply of water, executing
    repairs or alterations, cleansing races or channels, or per-
    mitting the same to be cleansed, or for any other purpose
    whatsoever; and no owner or occupier of land shall be
    entitled to compensation for loss or deprivation of water
    occasioned thereby or otherwise.
    In every case where the owner or occupier of land through
    or along which a race or water-channel passes shall be guilty
    of a frequent or persistent breach of the by-laws or regula-
    tions of the Board affecting waterworks, or shall neglect or
    refuse to fulfil any covenant or agreement made between
    him and the Board relative to the maintenance, repairs,
    cleansing, or otherwise of such races or water-channels,
    whether such race or water-channel be a main, branch, or
    service race or channel, the supply of water thereto shall be
    stopped either permanently or for such period as the Board
    shall think fit.
20. Nothing contained in these by-laws or any supplement
    or amendment thereof shall be construed to be a guarantee
    by the Board to provide or supply water in any main, branch,
    or service race, or other waterworks, or to find any specific
    quantity, or to render the Board responsible for any partial
    or total failure of such supply by reason of drought, acci-
    dents, or any other cause whatever; and the Board shall
    not be responsible for any loss caused by such failure, nor
    for any damage or injury which shall be occasioned by the
    flooding of the water from any waterworks on the lands
    adjacent thereto, or which shall arise from any other cause
    connected with the said waterworks.