76

three hundred and ten (310) links, to a point two
hundred and fifty links distant from the Main South
Road, and thence at a right angle in a north-easterly
direction across sections 131 and 130, block XVI,
three thousand and thirty (3030) links, thence crossing
the District Road in the same direction to section 102,
block XII, sixty (60) links, thence at a right angle along
the north-eastern boundary of the said road line in
a north-westerly direction three hundred (300) links,
thence at a right angle in a north-easterly direction
across section 102, block XII, one thousand five
hundred (1500) links, thence at a right angle in a
south-easterly direction five hundred and fifty (550)
links to the Main South Road, thence in a southwesterly
direction along the Main South Road, crossing
the District Road, to the eastern corner of section
130, block XVI, one thousand five hundred and sixty
(1560) links, thence crossing the Main South Road at
a right angle to the northern corner of section 135,
block XVII, thence along the north-east boundary of
the said section numbered 135 two thousand one
hundred and seventy (2170) links to section 136,
thence along the north-western boundary of section
136 to section 137 two thousand six hundred (2600)
links, thence along the north-eastern boundary of
section 137 in a south easterly direction eight hundred
and seventy-five (875) links to section 138, thence
along the north-western boundary of section 138 to a
District Road line along Tokomairiro River bank four
thousand four hundred and fifty (4450) links, thence in
a north-western direction along the said road line four
thousand five hundred (4500) links to the starting point.

EAST WARD comprises all that part of the private
Township of Milton hereinbefore described, situate on
the south-east of the Main South Road, and bounded
on the north-west by the said Main South Road, being
sections numbered respectively 134, 135, and 137,
block XVII, Tokomairiro District, as delineated in the
Record Map of the said district, deposited in the Survey
Office, Dunedin, and as comprised in the plans of subdivision,
deposited with the Registrar of Deeds for the
Province of Otago by Peter M'Gill, James Smith, and
William Steel Smith Reid.

WEST WARD comprises all that area being the
portion of the Town of Milton hereinbefore described
not being comprised in the East Ward.

Given under my hand, and issued under the
Public Seal of the Province of Otago,
(L.S.) this eleventh day of April, one thousand
eight hundred and sixty-six.

THOMAS DICK,
By His Honor's Command, Superintendent.

H. J. MILLER,
Provincial Secretary.

ORDER
Revoking the IV. of the Rules and Regulations of
the Otago Gold Fields, and making another in lieu
thereof.

WHEREAS John Hyde Harris, Esquire, then
Superintendent of the Province of Otago, under
and by virtue of the powers delegated to him in that
behalf, did, on the twenty-first day of October, one
thousand eight hundred and sixty-four, make and
ordain certain Rules and Regulations relating to
Mining on the Otago Gold Fields, and the making
of which Rules and Regulations was duly notified in
the Government Gazette of the Province of Otago,
published on the said twenty-first day of October, one
thousand eight hundred and sixty-four: And whereas
it is expedient that the fourth of the said Rules and
Regulations and all the sections thereof numbered
respectively 1 to 26, both inclusive, relating to Water
Rights and Races, and other matters relating thereto,
should be revoked and cancelled, and that another
Rule in lieu of the said Fourth Rule should be made.

Now therefore I, Thomas Dick, Superintendent of
the Province of Otago, by virtue and in exercise of
the power delegated to me in this behalf, do hereby
revoke and cancel the said Fourth Rule, and all the
sections thereof, numbered respectively 1 to 26 as
aforesaid, and do order that the same shall stand
revoked and cancelled from the day of the date hereof;
and in lieu of the Fourth Rule, and the sections
thereof, I do make the Rule following, contained in
sixteen sections relating to Water Rights and Races,
that is to say:—

IV.—WATER RIGHTS AND RACES.

1. Races already Constructed.—Races constructed
   prior to the proclamation of these Rules and Regulations
   must be registered with the Warden, as provided
   by Sub-section 1 of Section XVIII of the “Gold Fields
   Act Amendment Act, 1865.”

2. Superiority of Right.—Superiority of right to a
   supply of water shall be determined by priority of
   occupation, the earlier occupant having the superior
   right. In all cases when the occupier claims under a
   certificate or other authority in writing granted by a
   Warden or Commissioner, occupation shall be taken to
   have commenced at the date of such certificate or
   authority.

3. Superiority of Right Forfeited by Disuse.—If
   any race shall be entirely unused for a full period of
   thirty days at a time when water is available for it,
   occupation of the right shall be deemed to have recommenced
   at the last re-occupation thereof.

4. Heads of Races.—All races that may hereafter
   be cut shall have a point specified at which they shall
   be taken from the creek or river. In races already
   cut, this point shall be taken to be the spot from
   which the race now heads. No person shall shift or
   alter the head of any race without the written sanction
   of the Warden, nor to the prejudice of any existing
   right.

5. Insufficient Supply of Water.—If the water
   flowing in any creek or river is insufficient to supply
   all the races connected therewith, the owner of any
   right shall, on receipt of a written notice from the
   owner of a superior right, stating that the supply of
   such superior right is less than he is entitled to, immediately
   cease to use the water, or such portion thereof
   as may be necessary to make up the supply of the
   superior right.

6. Water Gauge.—In the construction, and for the
   purposes of these Regulations, a Head of Water shall
   be held and deemed to be forty (40) superficial inches
   of water, to be gauged by a box, 12 feet long, 10
   inches deep, and 20 inches wide, all measured in the
   clear. The box shall be covered throughout. The
   upper or entrance end of such box may be left entirely
   open; but the lower end, or end of exit, shall be fitted
   with a bar 2 inches high, affixed to the floor of the
   box, and with a pressure or headboard, 6 inches deep,
   affixed to the top of the box, leaving an aperture of 2
   inches in depth, and of the full width of the box.

(a.) If more than one sluice head of water requires
to be gauged, the gauge-box should be enlarged
horizontally to ensure accurate measurement. But
when this cannot be done owing to natural obstacles,
or other sufficient reasons, the gauge-box may be
enlarged perpendicularly, in which case the dimensions
of the box must be as follows:—