Dec. 22.] THE NEW ZEALAND GAZETTE. 1651

Warden to authorize any person to use a tail-race, not being a ground-sluice or race for saving gold, the property of any other person, on condition of first paying to the owner thereof a proportionate share of the expense of construction, or a periodical payment in advance as a rent for the use thereof; and such proportionate share of expense or rent shall, if necessary, be decided by arbitration, provided that the utility of the tail-race be not prejudicially interfered with: Provided also always that the person so using any tail-race shall assist in clearing the same whenever it shall be necessary to do so; and, in case he shall fail to do so within seven days after receiving notice from the owner, it shall be competent for the owner to clear the same, and to recover from the person so failing to assist his proportionate share of the expense of clearing such tail-race as aforesaid.

96. Occupation of Land at Sides of Head- and Tail-races.—The Warden shall have power to authorize the holder of any head-race, tail-race, or ground-sluice to occupy such additional area on either or both sides of such race, either throughout the entire length of such race or over any and such portions as he may deem necessary, for the preservation thereof in a proper state of efficiency.

MAIN TAIL-RACES FOR MINING PURPOSES.

97. When the majority of persons from whose claims water or tailings flow to a common outlet are desirous of constructing a main tail-race, or using any natural channel as a main tail-race, such majority shall make application in writing to the Warden in the form in the Schedule 21 hereto, or to the like effect; and, should the Warden decide to grant such application, he may declare such tail-race or natural channel to be a “main tail-race;” and the said majority shall elect annually from amongst the persons interested three persons as trustees to hold the said natural channel or main tail-race on behalf of all those concerned, and the said trustees shall, subject to conditions and rules approved by the Warden, be empowered to enter into contracts or employ labour for the efficient maintenance of the said natural channel or main tail-race, and shall collect, sue for, and recover any moneys that may be due in respect of contributions, rates, or dues, and the said majority shall be empowered to prescribe terms and conditions, subject to the approval of the Warden, for the construction of such main tail-race by the joint labour or contributions of all persons interested in the construction or use of the tail-race as aforesaid; and the holder of a race with the right to divert and use water shall, for the purposes of this regulation, be deemed the holder of a claim; and the occupiers of such tail-race may from time to time make or alter rules for the use, extension, or repair of such main tail-race, and all such rules or alterations of rules shall, when signed by a majority of the persons using the same and approved by the Warden, be binding upon and may be enforced against all persons from whose claims water or tailings flow to such common outlet.

98. Grant of Main Tail-race to be publicly notified.—Whenever the Warden shall have declared any tail-race or natural channel to be a main tail-race, he shall, at the cost of the said trustee, publicly notify such declaration by advertisement in some newspaper circulating in the district, or in such other manner as he may deem convenient, and shall issue a certificate of registration in the names of three trustees, and enter the same in the Mining Register, with a printed copy of the advertisement as published.

99. Main Tail-race may be constructed by Private Enterprise.—In case any person or company shall be desirous of constructing a tail-race, or using a tail-race already constructed, that may be made available as a “main tail-race,” it shall be lawful for the Warden to authorize the construction and use of such tail-race as a main tail-race, provided that the terms and conditions on which it shall be proposed to allow the use of such tail-race to persons other than the holders of such tail-race shall be first submitted to and approved by the Warden. A written statement of such terms and conditions shall be signed by the Warden, and shall be kept for reference in his office; and the grant of a certificate for such tail-race shall be held to be made and issued subject always to such terms and conditions.

MISCELLANEOUS.

100. Flood-races.—Any person may cut a flood-race through or by his claim, subject to such restrictions as the Warden may consider necessary for the public good.

101. Repairs of Races and Tunnels, Bridging, &c.—The holder or occupier of any race, drain, or tunnel shall keep the same in repair, and shall make an efficient bridge or crossing, or in the case of tunnels shall maintain proper supports, where any road which has been in ordinary use prior to the construction of such race, drain, or tunnel crosses such race, drain, or tunnel, upon being required to do so by the Warden.

102. Alteration of Races.—The alteration or extension of a race at any time shall not in any way affect any right or privilege attached to such race, and the owner thereof shall, during such alteration or extension, be deemed to be in occupation of all the rights and privileges attached to such race: Provided that such alteration or extension shall first be approved of by the Warden, who may require the said owner to give such notice as to the Warden may appear necessary.

103. Construction of Crossings, &c.—Any licensee of a water-race cutting the same across roads or thoroughfares shall construct and keep in repair good substantial and suitable crossings over the said race not less than 12ft. in width; and shall also construct suitable approaches not less than 10ft. in length to and on each side of said crossings. And any person or persons opening up new roads or thoroughfares across any race shall construct and keep in repair suitable approaches as aforesaid thereto: Provided that such last-mentioned roads, thoroughfares, and crossings shall not interfere with the security of the race.

104. Original Line of Race may be altered.—If by reason of any natural impediment it shall be impracticable, or attended with unforeseen difficulty or expense, to cut or construct a race according to the line originally designed therefor, it