152

FoRm oF NoTiCe.
(District and date.)

To the Warden at

I hereby give notice that I intend to [form a Dam, erect a Puddling-machine, or construct a Sludge channel, as the case may be] at [__] and I estimate [state the number] days will be necessary for its construction.

• Here describe the locality, and in case of a puddling-machine, state the proposed course of the sludge drains.

2. No main sludge-channel to be first constructed.

No person shall be permitted to erect a puddling machine in any locality, until a main sludge-channel shall have been constructed, and in all cases such main channel must be constructed by and at the expense of the person desirous of erecting such machine.

3. Expense of construction.

The expense of the construction of such channel shall be borne by the persons then or afterwards using the same, and the proportion to be borne by each party shall be ascertained by the Warden and Assessors, or at the option of the original owner, by arbitration, and payment of such proportion to the person constructing the same shall be made prior to the granting of any certificate of registration.

4. Sludge-drains and channels to be kept clear.

Main Sludge Channels shall be kept clear and in good repair by the joint labor of the machine owners in each locality, and the owner of each machine shall further keep clear and in good order the private sludge drain connected with such machine; and on no pretence whatever shall the sludge of any main channel or private drain be permitted to overflow the banks or edges thereof.

5. Roads over drains to be bridged.

When Sludge or Water Drains run across or under any road in general use, a substantial bridge (the culvert of which shall be of sufficient size to carry off the sludge or water) shall be constructed and kept in repair by the owner of the machine whence such sludge or water proceeds.

6. Abandonment of dams or machines.

Any dam or machine not commenced within seven (7) days from the date of the grant thereof, or not completed within the time stated in the notice, or any dam or machine unoccupied for one calendar month, during a period when sufficient water has been available, shall be deemed to be abandoned, and shall be open for occupancy by any holder of a miner’s right, without the necessity of recourse to judicial proceedings, but subject to the same provisions as abandoned claims: Provided that the Warden shall have power to extend the time for construction if he shall deem it necessary.

7. Injury to property by dams.

If any claim shall be flooded, or property injured by the bursting of any dam-bank, the owner of such dam shall be liable for any loss or damage occasioned thereby: Provided that it shall be proved to the satisfaction of the Warden that such breaking away resulted from the faulty construction of such dam.

8. Sites proving auriferous.

If it shall be proved that the ground occupied by any dam or machine contains auriferous earth or quartz, the owner of such dam or machine may be compelled to leave such dam or remove such machine: Provided that adequate compensation for such leaving or removal shall first have been estimated by assessors, and paid by the person desirous of working the ground.

9. Construction of dams.

In the case of any dam or reservoir hereafter to be constructed, the Warden may, at his own discretion, or shall, at the request of any claimholders or residents holding claims or residing in the neighborhood of the proposed site of such dam, or on or near to the proposed course of the overflow of water therefrom, cause a surveyor to prepare a specification, setting forth the proper mode of construction, and the necessary strength and thickness of the embankment of such dam, and the width of the by-wash thereof; and the Warden shall thereupon make such orders therein from time to time as shall be necessary.

10. Inspection of dams.

The Warden may at any time direct a surveyor to inspect any dam or reservoir that heretofore has been, or hereafter may be, constructed, and to report upon the strength, security, and fitness thereof, and of any works connected therewith; and such Warden may thereupon make any such order therein as may be necessary.

11. Superintendent may order inspection.

If it shall be represented to the Superintendent that any dam or reservoir is insecure, or of doubtful security, the Superintendent may, if he shall think fit, cause an inspection thereof to be made by a competent engineer; and may, upon the report of such engineer, make any order in respect of such dam or reservoir which may be necessary for insuring the greater security thereof.

12. Certificate or license may be cancelled.

If the owner of any dam or reservoir shall refuse or neglect to comply with any such lawful order as aforesaid, the Superintendent may, if he shall think fit, cause the certificate or license granted for such dam or reservoir to be cancelled, and the embankment thereof to be removed, or make such other order therein as may be requisite.

XII.—DIVISION OF STREAMS.

1. Notice to be given.

Any person desirous of diverting the course of a permanent stream for the purpose of working the bed thereof, shall first give notice of his intention to the Warden, and to all parties working in, or occupying claims adjoining the proposed line of diversion. Such notices shall be in the form hereinafter prescribed, and copies thereof shall be posted and maintained for a period of seven (7) clear days at the points proposed for the commencement and termination of such diversion as aforesaid, and if no valid objection be entered thereagainst within the aforesaid period, the Warden shall issue a certificate of Registration to the applicant.

Form of Notice.
(District and date.)

No.

I hereby give notice that I intend to divert the course of [name of stream], and to form a new channel therefor, commencing at a point situate [__], and terminating at a point [__].

(Signature, &c.)

• Here insert, with sufficient accuracy, the localities.

XIII.—Roads, &c.

1. Right of water and roadway.

Every person holding a claim under these regulations shall be entitled to a supply of water for his use in connection therewith, and to a roadway whereby he may, at all times, obtain free ingress and egress thereto and therefrom.

2. Sludge and water to be kept off roads, &c.

No person shall allow any sludge or water to run or spread over any road, roadway track, or crossing place.

3. Protection to roadways, &c.

No person shall dig within the distance of five (5) feet from any roadway or track in common use, nor drive underneath, nor in any way interfere with such roadway or track without first obtaining the authority of the Warden.

4. Alteration of roadways, &c.

Any person desirous of altering the direction of any roadway or track in common use, and of occupying the site thereof for mining purposes, shall give notice thereof in writing to the Warden, and post and maintain the same.