Aug. 5.] THE NEW ZEALAND GAZETTE. 2699

(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, ownership of gold, and otherwise, as are agreed on between the parties, or, failing agreement, as are determined by the Warden and two Assessors.

Dams.

41. (1.) Before granting any application for a dam the Warden may order the site thereof to be inspected and reported on by any duly qualified surveyor or engineer, and may order the surveyor or engineer to draw up plans and specifications of the dam, which the Warden, if he thinks fit so to do, may submit to the Inspecting Engineer of the Mines Department for his report thereon.

(2.) After receiving such last-mentioned report, the Warden may from time to time make such orders concerning the construction of the dam as he thinks fit, and it shall be the duty of the licensee of the dam to comply therewith.

42. The cost of such inspection and reports, and of preparing such plans and specifications, shall be borne by such persons and in such proportions as the Warden may order.

43. The Warden may, either before or after granting any application for a dam, specify a distance therefrom within which mining or other specified operations shall not be carried on, and may also from time to time vary such specification, on application of either the holder of the dam or any other person bona fide carrying on or proposing to carry on mining or other operations in proximity to the dam.

44. On the application of any person or local authority likely to suffer damage or injury by the unfitness, disrepair, or weakness of any dam, the Warden may order the same to be inspected by any duly qualified engineer or surveyor, and, after hearing the holder of the dam and all parties interested, may make such order for the repair or strengthening of the dam, or otherwise, and upon such terms as to costs and otherwise (including the expenses of the inspector) as he thinks fit.

General.

45. Where any race is so constructed as to cross any stream from which the holder of the race has no right or license to divert water, and such construction might prejudicially affect the rights of any person, the race shall be well and efficiently constructed either under or over such stream so as not to interfere with the free flow of all the water naturally pertaining thereto, and flowing past the point of intersection.

46. In respect of water-race licenses, the priority of right to water shall, as between licensees diverting water out of the same watercourse, be counted from the precise time and date of marking out the same, which shall in all cases be recorded in the register and on the license: Provided that this clause shall not operate to affect the priority existing in the case of a water-race license granted under the Mining Act in exchange of title under any former Mining Act.

47. (1.) Every water-race license shall have specified therein every point of intake, and no licensee of a water-race shall, without the written order of the Warden (to be applied for as provided in Regulation 33 hereof), alter any point of intake, or use for diverting the water any other race than the race specified in the license.

(2.) Before granting such application the Warden may require all the water which, if it were not diverted, would naturally flow in the watercourse between the said races or points of intake to be gauged for the purpose of determining as nearly as may be the extent to which the volume is increased from natural causes between such races or points of intake, and may require the applicant to surrender as many heads of water as are equal to such increase of volume.

48. The licensee of a water-race shall at all times maintain the race in such condition and with such capacity as to carry the number of sluice-heads authorised to be diverted.

49. The licensee of any mining privilege in respect of water shall not allow any water which he is entitled to divert to run to waste, but, on the contrary, such water shall be bona fide taken, diverted, and used in terms of the license, and not otherwise.

50. (1.) Every licensee entitled to divert water from a watercourse shall place a gauge-box in his race within seven days after receiving a written notice so to do from any other licensee entitled to divert water from such watercourse. Where there is only one point of intake the gauge-box shall be placed immediately below such point, but where there are several points of intake the gauge-box shall be placed immediately below the last of such points.

(2.) Water may be gauged in manner described in the Third Schedule hereto.

TRAMWAYS.

51. (1.) In every case where the proposed course of a tramway crosses or runs along a road or street, the provisions of sections 204 and 205 of the Mining Act shall apply.

(2.) The holder of a license for a tramway shall not be entitled to carry on the tramway passengers or goods for hire except at such scale of fares and freight, and subject to such provisions for the safety of life and property, as have been submitted to and approved by the Minister.

(3.) The license for a tramway shall in every case be deemed to be granted subject to the condition