634
THE NEW ZEALAND GAZETTE.
[No. 31

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 dredging-claim hold any claim on the banks of or in the vicinity of such river, or who may thereafter 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 entitled to 3 chains, or 198ft., along the course of any river or stream, by a width bounded by ordinary 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 prospecting 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 prospecting 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 Warden of the district to have such prospecting claim granted, and, after hearing the said application 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 prospecting 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 aforesaid, 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 drainage 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