Dec. 29.] THE NEW ZEALAND GAZETTE. 1469

the survey and report: Provided that in any such case the plan and report, in duplicate, shall be first submitted to the District Surveyor or Chief Surveyor as the case may be, and the Warden shall not deal with any application unless the said plan and report are certified to as correct by the District Surveyor or Chief Surveyor.

PART XXVI.—MISCELLANEOUS.

229. 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 same has been abandoned, or the sanction of the owners thereof or the authority of the Warden shall first have been obtained in writing.

230. 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.

231. 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.
     (d.) The right to any tailings discharged into any creek or watercourse, or deposited outside the limits of any registered tailings-site, shall be deemed to have been abandoned, and such tailings may be taken up and worked as claims under these regulations by any holder of a miner’s right.

232. 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.

233. 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.

234. 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.

235. 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, authorise 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.

236. 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.

237. 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 shall be payable to the occupier of any site by the person desirous of mining thereon, prior to his taking possession thereof.

238. Conditions of Working.—Whenever any residence site, business site, machine site, or special site shall be given up, in whole or in part, upon compensation or otherwise, the Warden may make such orders relative to the mode of working the ground, the restoration of the soil, and other conditions as he may deem necessary or desirable.

239. Resumption of Mining Privileges.—Every claim, right, or privilege held, taken, or granted under these regulations shall be subject to the condition that it may be resumed by Her Majesty the Queen, on payment of compensation, where not otherwise provided, to the holders thereof, to be fixed by arbitration as provided in “The Mining Act, 1891.”

240. Permission to enter Claims.—The Warden shall have power to authorise in writing the entry of any surveyor, Assessor, Inspector, or any other person into and upon any claim, licensed holding, or site for the purpose of measuring the depth of any shaft, or the dip, direction, inclination, or length of any tunnel or drive, or for any other purpose.

241. Warden to be Judge of Objections.—The Warden shall in all cases be the sole judge (subject to any right of appeal given by “The Mining Act, 1891”) of the validity of objections to the granting of any claim, right, or privilege, or to the issue of any license or certificate of registration, and also of what is a “reasonable time” for the performance of any work when no fixed period is provided by these regulations.

242. Ownership of Trees upon Claims.—All trees situated upon any claim or area taken up for mining purposes shall be the property of the owners of such claim or area during the time they are in legal possession of the ground on which such trees are situated.

243. Felling Trees across Roads or Claims.—Any person who may fell or cause to be felled any tree across or upon any road, footpath, crossing-place, claim, site, water-race, or other mining property, or to the prejudice of any right or privilege, shall cause the same to be removed within twelve hours after the felling of such tree.

244. Holders of Claims entitled to all Discoveries within the Boundaries.—The holder of any mining claim shall be entitled to the benefit of all gold