644
THE NEW ZEALAND GAZETTE.
[No. 31

feiture and abandonment, or removal, notwithstanding, no person shall be entitled to take possession of any claim or area in or upon which valuable plant may be placed or laid down, without first obtaining the sanction of the Warden, and in such case the owner shall be allowed a reasonable time to remove his property: Provided that, should such plant consist in the whole or in part of timber so fixed to the soil that it cannot be removed, the Warden may order the person to whom the claim or area shall be adjudged to pay the value of such timber, and such value shall, if necessary, be determined by arbitration.

PART XXVI.—SURVEY.

218. Survey may be required.—At or at any time prior to the hearing of any application or objection, it shall be competent for the Warden to order that a survey be made, and in such case the hearing of the application shall be adjourned to such time and place as may be convenient.

219. Cost of Survey.—In any case wherein survey may be demanded by either the applicant or objector, there shall be first deposited, with the Receiver of Gold Revenue, the cost of such survey, and thereupon the Warden shall direct the District Surveyor, or where there is no such officer, the Chief Surveyor of the provincial district, who shall make or cause to be made a survey and plan of, and report on, the claim, site, area, or right; and the Warden on hearing the case shall order at whose expense such survey shall have been made, and such order shall have the same effect as a judgment of the Warden’s Court, and be enforced in like manner.

The fees chargeable for surveys of any land within a mining district shall be in accordance with scale of fees set forth in Schedule 41 hereto.

PART XXVII.—GENERAL REGULATIONS.

220. Interference prohibited.—No person shall under any pretence whatever damage, destroy, or otherwise interfere with any race, tail-race, dam, sludge-channel or drain, machine, or other appliance connected therewith, nor with any claim or area, unless the sanction of the owners thereof or the authority of the Warden shall first have been obtained.

221. Depositing Earth or Tailings on Claims.—No person shall deposit, or cause to be deposited, upon any claim or site other than his own any earth, stones, gravel, débris, tailings, or any other substance: And any person taking up a claim or area where tailings, earth, stones, gravel, and débris are being discharged, shall make provision to carry such tailings through or by his claim or area in such manner as shall not impede the discharge thereof.

222. Disposal of Tailings.—In all creeks or watercourses used for general washing-sites, the following regulations shall be observed:—
     (a.) No box shall be placed in the centre of a creek so as to impede the natural flow of water.
     (b.) All flood-gates shall be left open for one day in each week, at the convenience of the majority of the parties washing in the creek, for running off tailings.
     (c.) The Warden may order, if it be required, that all parties assist in making and keeping clear a good flood-channel in the centre of the creek or other convenient course, to be used by all parties for running down tailings, and such channel shall be properly secured.

223. Causing Claims to be Flooded.—No person shall back the water of any creek, river, race, or watercourse upon any claim or area, or otherwise cause any claim or area to be flooded, either wilfully or by neglect.

224. Obstructions to Watercourses.—No person shall deposit any earth, stones, tailings, or other substance in the bed of any watercourse so as to obstruct the flow of water therein to the injury of any person.

225. Interference with Pegs and Notices.—No person shall alter the position of any trench, or remove any peg, cairn, or other mark from any claim or area in the occupation of any other person, nor deface, destroy, or remove any notice posted in accordance with these regulations, nor interfere with any mark or boundary.

226. Discovery of Auriferous Deposits.—When any auriferous deposits are traced to the boundaries of any land occupied for residence sites, business sites, machine sites, or special sites, the Warden may, upon satisfactory proof, authorize the applicant, or any other person, by writing under his hand, to enter thereupon, and, at such times and in such manner as he may appoint, to search the land so occupied for a continuation of the said auriferous deposit.

227. Auriferous Sites may be worked.—If any residence site, business site, machine site, or special site shall be proved to be auriferous, the Warden may, upon application, order the whole, or such part as shall have been proved to be auriferous, to be given up for mining purposes to such person as shall have applied for the said ground.

228. Compensation to be paid.—In all cases compensation for actual damage or loss shall, if the parties cannot agree, be settled by arbitration, as prescribed by these regulations, and paid to the occupier of any site by the person desirous of