Oct. 28.] THE NEW ZEALAND GAZETTE. 2695
be found deficient in any necessary information, and if the omission be considered to be the result of a want of proper care on the part of the surveyor, he will be called upon to supply the deficiency at his own cost.

(20.) No surveyor shall employ more than two field-parties in the field, unless licensed surveyors are placed in charge of such field-parties.

(21.) The survey fees shall, in the case of each survey, be payable according to the following scale:

(a.) Not exceeding 30 acres, 4s. per acre, but not less than £5; except in the case of extended claims, as hereinafter provided.

(b.) Exceeding 30 acres and up to 50 acres, 3s. 6d. per acre, but not less than £6.

(c.) Exceeding 50 acres and up to 100 acres, 3s. per acre, but not less than £8 15s.

(d.) Exceeding 100 acres and up to 200 acres, 2s. 6d. per acre, but not less than £15.

(e.) Extended claims, £2 10s. each.

(f.) Travelling-expenses from surveyor's residence, 3s. per mile extra by the cheapest practicable route, one way, provided that such of the travelling-expenses as are incurred for the purposes of two or more surveys shall be equitably apportioned amongst them, and the full scale of travelling-expenses shall, in the case of each such survey, be proportionately reduced.

(g.) Bush-cutting, 2s. 6d. per chain extra.

(h.) Underground surveys, encroachments, water-races, or other surveys to which the foregoing rates do not apply shall be paid for as follows: Surveyor's fee, £2 for the first day or part of a day, and £1 10s. for each subsequent day or part of a day; labour extra; mileage as above.

(i.) The cost of putting plans on license forms—viz., 3s. 6d. the set—is included in above fees, and when this is done by the Government that amount will be deducted from final payment.

(j.) Where necessary to reduce size of claims, &c., after survey, the cost on above scale must be deposited before survey is made or license issued.

(22.) The costs and charges of the survey shall not be payable until the Chief Surveyor furnishes to the Receiver a certificate that the work charged for has been satisfactorily done.

(23.) Such certificate shall state whether the surveyor who did the work did so as an officer of the Government Survey staff or as a private surveyor.

(24.) The costs and charges, when ascertained and payable, shall, in the case of an officer of the Government Survey staff, be paid into the Public Account as part of the Consolidated Fund, and, in the case of a private surveyor, be payable as a debt due to him.

(25.) The moneys deposited with the Receiver in respect of the costs and charges of the survey shall, on the order of the Warden, be applied by the Receiver in manner aforesaid, and the surplus (if any) shall on the like order be paid by the Receiver to the person entitled thereto.

(26.) In the case of a private surveyor the Receiver, if the Warden so authorises, may, out of the moneys deposited as aforesaid, make to the surveyor progress-payments as the work proceeds: Provided that in no case shall such progress-payments exceed half the value of the work done, as certified by the Chief Surveyor.

RACES AND OTHER MINING PRIVILEGES IN RESPECT OF WATER.

Tail-races.

38. It shall be lawful for the Warden from time to time, by order in writing, to authorise any person or persons lawfully engaged in mining operations to use or enlarge for the purpose of such operations any tail-race held by any other person (excepting such portion thereof as may lawfully be used as a ground-sluice for saving gold), subject to the conditions following:

(1.) That the person in whose favour the order is made pays to the holder of the tail-race a proportionate share of the original cost of the construction of such tail-race, or a periodical payment in advance as a rent for the use thereof; and also,

(2.) That if it is proposed to enlarge such tail-race such enlargement shall be at the sole expense of the person in whose favour the order is made, and shall be so carried out as not to unduly interfere with the mining operations of the holder of the tail-race; and also,

(3.) Such other conditions as the Warden thinks equitable.

39. (1.) Where an order pursuant to the foregoing regulations has been made, the person in whose favour it is made shall at all times, on receiving notice in writing from the holder of the tail-race, forthwith assist in clearing the race whenever it is reasonably necessary so to do, and if any such person makes default in so assisting it shall be competent for the holder of the race to clear the same and to recover from the person in default his proportionate share of the cost thereof.

(2.) The proportionate share of the cost of construction, the amount of the rent, the proportionate share of the cost of clearing the race, and any dispute between the parties in respect of the premises shall, if not settled by the parties, be determined by the Warden and two Assessors.

(3.) All gold discharged into such tail-race shall belong to the parties in shares to be settled by them, or, in case of dispute, to be determined by the Warden and two Assessors.

Main Tail-races.

40. The application for a main tail-race shall specify the persons by whom and the terms upon which the race is to be used; and at any time during the currency of the license the Warden, on application in that behalf, may by order authorise any other person to use the race, upon such terms as to payment for user, contribution for maintenance, owner.