1652
THE NEW ZEALAND GAZETTE.
[No. 66

shall be lawful for the licensee of such race,
having first obtained the permission in writing of
the Warden, to deviate in the cutting of such
race so far from such originally-designed line
as shall be necessary to avoid the effects of such
impediment, provided that no prior right be
affected thereby.

DAMS AND RESERVOIRS.

105. Warden may grant Dams or Reservoirs.—
     It shall be lawful for the Warden, on application,
     to grant permission for the construction of dams
     and the formation of reservoirs for the storage of
     water for mining purposes ; and any person desir-
     ing to construct any such dam or form any such
     reservoir shall mark out the proposed line of
     the same, the ground required on the outside of
     the said dam or reservoir, and the area intended
     to be occupied as dam or reservoir, by pegs, or
     cairns of stones, and trenches, as provided for the
     marking of claims, and shall make application in
     the form prescribed in Schedule 22 hereto, and
     copies of such application shall be posted and
     maintained by the applicant at each end of the
     proposed site of the dam.

106. Construction of Dams.—In the case of any
     dam or reservoir hereafter to be constructed, the
     Warden may, at his own discretion, or at the re-
     quest of any claim-holder or person residing in the
     neighbourhood of the proposed site of such dam or
     reservoir, or on or near to the proposed course of
     the overflow of water therefrom, cause a surveyor
     or engineer to prepare a specification, setting forth
     the proper mode of construction and the necessary
     strength and thickness of the embankment of such
     dam, and the width of the by-wash thereof ; and
     the Warden may thereupon make such orders
     therein from time to time as shall be necessary,
     and may direct by whom the expense of such
     specification shall be borne.

107. The Warden may on the application of the
     owner of any dam or reservoir grant protection for
     an area surrounding such dam or reservoir, and fix
     the distance from such dam or reservoir within
     which mining may be carried on.

108. Inspection of Dams or Reservoirs.—The
     Warden may at any time direct a surveyor or
     engineer to inspect any dam or reservoir that
     heretofore has been or hereafter may be con-
     structed, and to report upon the strength, secu-
     rity, and fitness thereof, and of any works
     connected therewith ; and such Warden may
     thereupon make any such order therein as may
     be necessary for the security of such dam or re-
     servoir, and may direct by whom the expenses of
     such survey shall be borne.

109. Certificate may be cancelled.—If the owner
     of any dam or reservoir shall refuse or neglect to
     comply with any such order as aforesaid, the right
     to such dam or reservoir may be forfeited, and
     the certificate cancelled, and the embankment
     thereof be removed, or such other order made
     therein as may be requisite.

110. Licensee may construct Catch-races.—The
     licensee of any dam or reservoir, on obtaining
     permission from the Warden in writing, may form
     and cut or construct catch-races to gather and
     convey water into such dam or reservoir.

PART VII.—DIVERSION OF PER-
MANENT STREAMS.

111. Notice of Diversion to be given.—Any per-
     son desirous of diverting the course of a perma-
     nent stream for the purpose of working the bed
     thereof shall apply to the Warden in the form
     prescribed by Schedule 23 hereto.

112. Wall to be allowed.—Any person diverting
     the course of a permanent stream shall be allowed
     a sufficient wall between the channel of diversion
     and the bed of the stream ; and the width of such
     wall may be defined by the Warden ; and no person
     shall mine upon or otherwise interfere with any
     such wall without the express permission of the
     Warden, or the consent of the person holding the
     right to divert such stream.

PART VIII.—DREDGING-CLAIMS.

113. Condition of Occupation.—Any dredging-
     claim that may under these regulations be taken
     or granted in any river shall be taken and held
     subject to the condition that any person who
     may at the time of the granting of such dredg-
     ing-claim hold any claim on the banks of or
     in the vicinity of such river, or who may there-
     after lawfully take or acquire any such claim,
     shall not, in consequence of the taking, granting,
     or holding and working of such dredging-claim,
     be restrained from discharging the tailings, waste
     water, or débris from his claim into such river ;
     and the holder of such dredging-claim shall have
     no right of action against any such person for so
     discharging tailings, water, or débris into such
     river.

114. Ordinary Dredging-Claims.—In dredging-
     claims each holder of a miner's right shall be en-
     titled to 3 chains, or 198ft., along the course of
     any river or stream, by a width bounded by ordi-
     nary high-water mark ; but not more than 40
     chains, or 2,640ft., along the course of any river
     or stream shall be held as one claim, except as
     hereinafter provided for prospecting-claims.

115. Prospecting Areas for Dredging. — The
     Warden may, upon the application of any person
     or persons, grant a prospecting area for dredging
     on any river or stream, not exceeding 160 chains
     or two miles along the course of any such river
     or stream, by a breadth bounded by ordinary
     high-water mark ; provided that no prospecting
     area shall be granted within ten miles of any
     ordinary or prospecting dredging-claim.

116. Time allowed to erect Machinery.—Three
     months shall be allowed from the date of granting
     a prospecting area as provided in the foregoing
     clause to place dredging machinery on the claim,
     and three months additional shall be allowed to
     prospect the river or stream within the said pro-
     specting area.

117. Prospecting Claim to be taken up.—Before
     the expiration of six months from the date of
     granting a prospecting area the holder or holders
     of said prospecting area shall mark out a pro-
     specting claim in the manner provided in clause
     128 of these regulations, and such prospecting
     claim shall not exceed 80 chains in length along
     the course of any river or stream, by a width
     bounded by ordinary high-water mark ; and such
     holder or holders shall make application to the