JAN. 30.] THE NEW ZEALAND GAZETTE. 235

(4.) All moneys received in respect of such sale shall be applied in or towards payment-first, of the costs and expenses of the distraint, removal, and sale, such costs to be fixed and assessed by the Warden in case of dispute; secondly, in or towards payment of the rent, royalty, license-fee, or other money in respect whereof the distraint was made; and the surplus, if any, shall be payable to the licensee, or other the person entitled thereto.

(5.) The foregoing right of distraint, removal, and sale may be exercised irrespective of and without prejudice to any other right, remedy, or power conferred by the Mining Act in respect of the non-payment of rent, royalty, license-fee, or other moneys payable to Her Majesty under the license.

(6.) Except in so far as is otherwise specially provided by the Mining Act, the holder of a mining privilege shall not as such holder-

(a.) Have any riparian rights in respect of any watercourse on or adjoining the land comprised in the mining privilege; nor

(b.) Have any right or remedy whatsoever against any person in respect of the discharge of tailings, débris, or waste water into such water-course by such person in the lawfully carrying on of mining operations by him under the provisions of the Mining Act; nor

(c.) Have any right or remedy whatsoever which would prevent any person from freely using for the purpose of transit any natural water-way on or adjoining the mining privilege, but so nevertheless that such user does not unduly interfere with any mining operations lawfully carried on in the waterway by the holder of the mining privilege, and also that where such operations are carried on by means of a dredge, and such user cannot conveniently be exercised without removing the dredge or its moorings, the holder of the mining privilege shall not be required to remove the same except at the cost in all things of the person requiring the removal, and pursuant to not less than forty-eight hours' previous notice in writing.

(7.) The Warden may at any time authorise any Inspector, Assessor, or other person to enter on any mining privilege, or the buildings or works thereon, for any specified purpose.

(8.) Except in the case of a prospecting license, the term of every license for a mining privilege shall be so fixed as to expire on the 31st day of December.

84. Except where authorised by the Mining Act or these regulations, or the order of the Warden, no person shall-

(1.) 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 other person; nor

(2.) Damage or otherwise interfere with any mining privilege held by any other person, or the buildings, works, or machinery thereon; nor

(3.) Deposit upon any mining privilege other than his own, any earth, stones, tailings, or other substance; nor

(4.) Back the water of any watercourse upon any mining privilege other than his own, or otherwise cause the same to be flooded or injured; nor

(5.) Remove from any workings any props, timber, or other structures, so as to endanger the claim or rights of any other person; nor

(6.) Allow any timber which he has felled to remain for more than twelve hours upon or in any road, street, path, or watercourse, or upon any land other than his own.

85. Where the holder of a mining privilege discharges or deposits tailings therefrom outside the boundaries of his claim or special site, his right thereto shall be deemed to be abandoned.

SPECIAL PROVISIONS AS TO DREDGES.

86. The following special rules shall be observed in the case of every dredge used for mining purposes:-

(1.) Every dredge used for mining purposes shall be kept provided with safety appliances as follows:-

(a.) A life-buoy, a light line, and a boat-hook, near the bow of the dredge.

(b.) A life-buoy, a light-line, and a boat-hook, near the stern of the dredge.

(c.) A boat containing a light-line and a boat-hook.

(2.) In every case where the Warden or Inspector notifies the owner or manager of the dredge that the stream at which it is worked is deep or swift-flowing, then, in addition to the foregoing appliances, the dredge shall be kept provided with not less than two boats, each of which must be furnished with a life-buoy, a light-line, and a boat-hook. Life-belts shall also be provided, and each member of the crew of any boat shall wear a life-belt when engaged in shifting the mooring-lines of the dredge.

(3.) All safety-appliances shall be kept in conspicuous places within easy reach, and when damaged or lost shall be immediately renewed.

(4.) The well-hole of every dredge shall be fenced or covered over as far as is reasonably practicable, and where such fencing or covering is not practicable a movable gangway of not less than 2 ft. 6 in. wide, and fitted with a substantial hand-rail at each side, shall be provided and used by persons for crossing the well-hole.

(5.) No person shall step on the buckets or chain when in motion.

(6.) All exposed gearing, belting, or machinery shall be kept fenced to the satisfaction of the Inspector.

(7.) On any dredge which is not entirely covered in, the sides of the uncovered portion of the hull shall be fitted with stanchions not more than 8 ft. apart, and also with two substantial hand-rails or tightly-stretched wires or chains, the lower rail, wire, or chain not being more than 10 in. above the deck, and these may be made movable for the purpose of taking coal and material on board the dredge, but shall be kept in position at all other times.

(8.) Every dredge working close to a bank shall be provided with a gangway not less than 2 ft. 6 in. wide and of sufficient length to reach from the dredge to the bank. Such gangway shall be provided with a substantial hand-rail at each side and secured to the deck of the dredge in such a manner as to prevent its being upset.

(9.) A copy of these regulations shall be kept posted in a conspicuous place on every dredge, and shall be renewed as often as torn or defaced.

(10.) It shall be the duty of the owner and manager of the dredge to faithfully comply with the foregoing rules, and if they fail or neglect so to do they shall be severally guilty of an offence.

REGISTRATION OF APPLIANCES AND PROCESSES FOR TREATING ORES AND METALS.

87. A machine-license issued pursuant to section 226 of the Mining Act may be in the form numbered 31 in the First Schedule hereto; and the machine register-book mentioned in subsection (1) of section 229 of the said Act may be in the form numbered 32 in the same Schedule; and the monthly return mentioned in subsection (11) of the said section 229 may be in the form numbered 33 in the same Schedule.

WARDEN'S COURT.

Office Hours.

88. The office of the Court shall be open to the public every day from 10 a.m. to 1 p.m., and from 2 p.m. to 4 p.m., except on Saturdays, Sundays, and holidays. On Saturdays the office shall be closed to the public at 12 noon, and on Sundays and holidays the Court shall be closed all day.

Provided that when the clerk has to attend more offices than one, he shall keep his office open on such days and hours as the Warden from time to time appoints.

89. A notice of the office hours shall be kept posted in some conspicuous place in and outside the office.

Holidays.

90. The following days shall be holidays in the Warden's Court and the office thereof, that is to say: the days from Good Friday to Easter Tuesday (inclusive); the days from Christmas Eve to 3rd January (inclusive); the birthday of the reigning Sovereign; the birthday of the Prince of Wales; and in each district the anniversary of the foundation of its province.

Minute-book, Plaint-book, and Record-book.

91. The clerk shall keep a book, to be known as the minute-book, in which shall be entered minutes of all interlocutory proceedings and of all temporary appointments, whether of officers pursuant to the Mining Act, or of office-days or hours pursuant to these regulations. He shall also keep a plaint-book in the form numbered 44 and a record-book in the form numbered 45 in the Fifth Schedule hereto, wherein he shall enter the particulars therein specified.

92. The forms numbered 46 to 67 in the Fifth Schedule hereto shall be the forms for use in respect of proceedings in the Warden's Court, or of documents to be filed or lodged therein; and if for any such proceeding there is no form prescribed, the Warden may prescribe the form to be used.