Working ground occupied for races.

Any person desirous of working the ground which is occupied by any race or tunnel or portion of a race or tunnel may do so by paying compensation therefor and the amount of such compensation may be determined by arbitration or by first providing an equally good race or tunnel for the use of the occupier but it shall be optional with the person working the ground either to construct a new race or tunnel or to pay the amount of compensation adjudged. And if he neglect to construct a new race or tunnel the same shall be subject to the approval of the Warden or Warden and Assessors in the event of dispute.

14. Any person desirous of working any ground occupied and held under these regulations for any reservoir puddling machine special site residence area site for business purposes or tent ground shall apply in writing to the Warden who may permit such person to enter upon and work the said ground provided that compensation shall first be paid to the holder or occupier and the amount of such compensation may be settled by arbitration.

15. Races or tunnels may be carried through claims.

Any person or persons shall be entitled to construct a head-race tail-race or flood-race or drive any tunnel over under or through any claim provided it does not interfere with the proper working of the same and that compensation shall be allowed for estimated damage (if any) and such compensation shall if necessary be decided by arbitration.

16. Repairs of races and tunnels bridging &c.

The holder or occupier of any race or tunnel shall keep the same in repair and shall make an efficient bridge or crossing or in the case of tunnels shall maintain proper supports where any road which has been in ordinary use prior to the construction of any race or tunnel crosses such race or tunnel upon being required to do so by the Warden.

17. Transfer of claims &c.

Any claim right or privilege held under these regulations may be transferred or assigned but where it is provided that any such claim right or privilege must have originally been registered the transfer or assignment thereof must also be registered at the office of the Warden and a memorandum thereof made upon the back of the original certificate.

18. Certificate may be cancelled.

If any Certificate shall have been obtained by misrepresentation or if any of the prescribed conditions have not been duly complied with the Warden may upon proof thereof cancel such Certificate or make such other order therein as may appear to be just or equitable.

19. Certificate—how cancelled.

Whenever in these regulations it is provided that a certificate shall or may be “cancelled” a memorandum of such cancellation in the Registration Book shall be conclusive evidence that such certificate has been legally cancelled.

20. Neglect of Warden’s orders.

Any person who shall neglect or refuse to comply with any written notice or order of the Warden, duly served and in conformity with these regulations shall be deemed guilty of a breach thereof and liable to the penalties imposed by the 101st section of the “Goldfields Act 1866.”

21. Suspension of regulations.

If any portion of the Rules and Regulations of the Otago Goldfield shall be deemed to be inapplicable to the requirements of any district the Superintendent may if he shall think fit upon the receipt of a memorial to that effect signed by not less than 50 holders of miners’ rights and business licenses residing in such district suspend the operation of any regulation or section of a regulation so far as such district is concerned and may again annul such suspension and renew the operation of such regulation or section or may substitute others in lieu thereof.

22. Existing rights preserved.

Nothing herein contained shall be taken to affect any existing rights or privileges.

SCHEDULE A.

LICENSE TO CONSTRUCT AND USE A RACE.

District of ____.

[Here insert names] having applied in accordance with The Gold Mining Regulations for leave to construct a water-race in length commencing and terminating ____ and the conditions of the Goldfields Act 1866 and of the Regulations made thereunder having been complied with I hereby grant to the said person a license to construct and use the race in accordance with ...... application.

Warden.

Here describe precise locality.

SCHEDULE B.

FORM OF ARBITRATION.

Memorandum of an Agreement made this day of A.D. 18 Between carrying on business together in copartnership at [or as the case may be] aforesaid as Miners under the style of and Party of the one part and carrying on business together in copartnership at [or as the case may be] aforesaid as Miners under the style of of the other part: Whereas certain differences and disputes have arisen and are still pending between the said parties: It is agreed by and between them that the same shall be referred to the award order and final determination of and Arbitrator as the said Arbitrators shall by writing under their hands endorsed on these presents before they enter upon the consideration of the matters referred nominate and appoint or any two of them. So as the said Arbitrators or any two of them shall make and publish their award in writing under their hands and concerning the matter referred ready to be delivered to the parties or either of them on or before the day of next or on or before such farther day to which the said Arbitrators or any two of them may by writing under their hands to be endorsed on these presents from time to time extend the time for making their said award. And it is further agreed that the costs of the reference and award shall be in the discretion of the said Arbitrators or any two of them who may direct to and by whom and in what manner the same or any part thereof shall be paid: And it is further agreed that this submission may be enforced by action in the Warden’s Court or may be made a rule of the Supreme Court of New Zealand at the instance of either of the parties hereto: And that the witnesses on the reference and the parties hereto (if examined) shall be examined on oath: And that the said Arbitrators shall be at liberty to proceed ex parte in case either party after having received reasonable notice shall neglect or refuse to attend the reference without having previously shown to the said Arbitrators what they shall consider good and sufficient cause for omitting to attend: And that the parties respectively shall produce before the Arbitrators all books deeds papers accounts vouchers writings and documents within their possession or control which the said Arbitrators may require and call for as in their judgment relating to the matters referred: and that the parties respectively shall do all other acts necessary to enable the said Arbitrators to make a just award. And that none of them shall wilfully and wrongly do or cause to be done any act to delay or prevent the said Arbitrators from making their award: And it is further agreed that the said parties their executors and administrators shall on their respective parts in all things stand to obey abide by perform fulfil and keep the award so to be made and published as aforesaid.

In witness whereof the said parties to these presents have hereunto set their hands the day and year first aforesaid.

Signed by the above-named in the presence of