Dec. 22.] THE NEW ZEALAND GAZETTE. 1653

Warden of the district to have such prospecting
claim granted, and, after hearing the said appli-
cation and objections, if any, the Warden may
grant or refuse the said application.

118. Prospectors to report Discovery of Payable
     Gold.—The holder or holders of any prospecting
     area shall, within three days from the date of the
     discovery of payable wash-dirt, report the same
     to the Warden of the district, or, failing to do so,
     the Warden may, upon sufficient evidence, declare
     the right of the said holder or holders to a pro-
     specting claim forfeited, and may refuse the same.

PART IX.—CREEK AND RIVER
CLAIMS.

119. Use of Water in Creek or River Beds.—Any
     holder of a creek or river claim may use the
     water in any watercourse on any portion of his
     claim, provided he does not interfere with the
     water before it reaches his claim, and turns the
     water into its natural course immediately on its
     leaving his claim; and the holder of such claim
     shall have an equal right to use the water on any
     part of his claim, subject to the restrictions afore-
     said, as though he used the water in the bed of
     the watercourse.

PART X.—DRAINAGE OF CLAIMS.

WET CLAIMS.

120. Drainage.—The owners of any wet claim
     shall, whenever practicable, cut a sufficient drain
     to convey the water to a main channel, which
     channel shall be cut or kept clear by or at the
     proportionate expense of all parties interested.

121. Baling.—If the owners of any wet claim
     refuse or neglect to bale their fair proportion of
     water their claim shall thereupon be liable to
     forfeiture.

122. Continual Baling.—When the quantity of
     water renders continual baling necessary, it shall
     be compulsory on all parties holding claims below
     a given point on the lead or reef (such point to
     be determined by the Warden or other officer
     appointed by him) to work in sinking and baling
     both day and night, until the claims are worked
     out or abandoned, or until baling is suspended by
     general consent.

123. Contribution towards Drainage.—When
     any person shall drain any ground within a drain-
     age area by any means whatever, such person
     shall be entitled to receive contribution from the
     holders of all claims benefited thereby.

124. Warden to fix Amount of Contribution.—
     If any person shall apply for contribution under
     the preceding clause, if there be no Drainage
     Board, the matter shall be dealt with by the
     Warden, who shall fix the amount of contri-
     bution to be paid by the person so benefited,
     and may order such contribution to be paid
     in one sum, or by instalments weekly, or
     otherwise by way of rental, during such time as
     the benefit lasts; and the said amount may in
     like manner be readjusted from time to time as
     the Warden may deem necessary: Provided that,
     should either party demand to have the case
     tried by arbitration, it may be determined in that
     manner.

PART XI.—PREVENTION OF NUI-
SANCES, AND SETTING APART
SPRINGS FOR DOMESTIC PUR-
POSES.

125. Nuisance Clause.—Every holder of a busi-
     ness or residence area, or tent ground, shall keep the
     ground around the same in such a state of cleanli-
     ness as not to become a nuisance to his neighbours
     or the public. And any person depositing any
     filth or offensive substance in a place where the
     same becomes a nuisance must remove the same
     at his own expense when ordered to do so by
     the Warden. And the Warden may order the
     removal of any slaughter-yard or piggeries at the
     expense of the owners, and may prohibit the
     exercise of any noisome or unwholesome trade.

126. Water for Domestic Purposes.—It shall be
     lawful for the Warden, at the request of any
     person, to declare that any waterhole or natural
     spring, stream, or source of water, shall be
     exclusively reserved and set apart for domestic
     purposes; and such reservation shall be publicly
     notified in such manner as the Warden may direct,
     and no person shall defile any water so reserved
     and set apart.

PART XII.—MARKING OF CLAIMS.

127. Claims to be Marked.—All claims shall
     be marked in the manner provided in “The Min-
     ing Act, 1886,” that is to say:—

“Any person desiring the exclusive occupa-
tion of land for mining purposes within any
district shall mark out the same by causing to be
erected at every angle thereof a post not less than
three inches square or three inches in diameter,
standing not less than one foot above the surface
of the ground and having thereupon some distin-
guishing mark, or where this is not possible then
in such manner as shall be prescribed by regula-
tions, and any piece of land so marked out shall
be called a claim.

“ When an angle cannot be so marked on
account of the nature of the ground, the post may
be placed at the nearest practicable point.

“ Where wood is not available for the making
of posts, a cairn of stones and a trench or such
other permanent distinguishing mark may be used
instead of a post, as the Warden shall think suffi-
cient for the purpose intended.

“ Every claim which is marked out in accord-
ance with this section shall be sufficiently marked
for the purposes of this Act, notwithstanding that
any road may traverse such claim either at the
time the claim is marked, or at any other time;
and no such road shall be deemed to dissever the
claim, nor shall it be necessary to demark the line
of any such road.”

128. Marking Dredging Claims and River
     Claims.—Claims on rivers shall be marked as
     provided in “The Mining Act, 1886,” or, when
     such marking is not practicable, then by A marks
     not less than 1ft. in length, to be cut upon the
     rocks above high-flood mark.

129. Marking Frontage Claims. — Frontage
     claims shall be marked as provided in “The
     Mining Act, 1886,” or, when such marking is
     not practicable, then by similar pegs, stacks, or