3178

THE NEW ZEALAND GAZETTE.

[No. 76

(g.) Travelling-expenses from surveyor's residence,
or from the nearest survey office, whichever is nearer
to the area surveyed, 3s. 9d. 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. In Otago the
post-offices at Naseby and at Clyde shall be deemed
to be survey offices for the purpose of this subclause.
(h.) Bush-cutting, 3s. 2d. per chain extra.
(i.) 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 10s. for the first day or part of a day, and
£1 17s. 6d. for each subsequent day or part of a day;
labour extra; mileage as above. Inspections and
reports on applications for claims already surveyed,
where no theodolite is required : surveyor's fee,
£2 12s. 6d.; mileage as above.
(j.) The cost of putting plans on license forms—
viz., 13s. 2d. the set—is included in above fee., and
when this is done by the Government that amount
will be deducted from final payment. Where con-
solidated plans are placed by draughtsmen of the
Survey Department on licenses at the request of the
Warden, the fees shall be collected by him and for-
warded to the Chief Surveyor.
(k.) Where necessary to reduce size of claims, &c.,
after survey, the cost on above scale must be de-
posited 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 authorizes, may, out of the moneys de-
posited 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 authorize any person or persons law-
fully 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 be lawfully be
used as a ground sluice for saving gold), subject to the con-
ditions 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 regula-
tions 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 the 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
authorize any other person to use the race, upon such terms
as to payment for user, contribution for maintenance, owner-
ship 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. (l.) 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 con-
struction and maintenance of the dam as he thinks fit, and it
shall be the duty of the licensee of the dam to comply there-
with.
42. The cost of such inspection and reports, and of prepar-
ing 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 other-
wise (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 any 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 in-
creased 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 authorized 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.