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14.—Use of Tail-races.

Any person wishing to use a tail-race may do so on condition of first paying to the owner of such tail race a proportionate share of the expense of construction; provided that the person so using any tail-race shall assist in clearing the same whenever it shall be necessary to do so.

15.—Flood-races.

Any person may cut a flood-race through or by his claim, subject to such restrictions as the Warden may consider necessary for the public good.

16.—Races may be carried through Claims.

Upon application being made to the Warden, it shall be competent for him to authorise the applicant to pass a head-race or tail-race over, under, or through any claim, or right; provided that compensation shall be allowed for estimated damage (if any); and prior to commencing the construction of such race such compensation shall be paid to the holder or holders of the claim or right over, under, or through which the proposed race is to be constructed.

V.—DAMS AND PUDDLING MACHINES

1.—Notice of Construction or Erection to be given.

Any person intending to form a Dam, or to erect a Puddling Machine, shall give notice thereof in writing to the Warden, and to the four parties working or occupying claims nearest to the proposed site, who shall sign such notice, expressing their assent thereto or dissent therefrom. Such notice shall be in the form hereinafter prescribed, and copies thereof shall be posted and maintained by the applicant for seven clear days upon the proposed site of such Dam or Machine. And at the expiration of the said term of seven days the Warden shall inquire into any objection or cause of dissent and thereafter issue or withhold a Certificate of Registration according to the equities of the case.

FORM OF NOTICE.

(District and Date)

To the Warden at.......................

I hereby give notice that I intend (to form a Dam, or, erect a Puddling Machine, as the case may be) at (.......................)

Signature and address in full of applicant:.......................

*Here describe the locality, and in case of a Puddling Machine state the proposed course of the sludge drains.

2.—Machines not to be in centre of Gully.

Dams may be formed, and puddling machines erected upon such sites only as shall be approved by the Warden; and no such dam or machine shall be permitted to be placed in the centre of any gully or flat.

3.—Main Sludge Channel to be first constructed.

No person shall be permitted to erect a puddling machine in any locality wherein puddling operations have not heretofore been carried on, until a Main Sludge Channel shall have been constructed; and in all cases such main channel shall be constructed by, and at the expense of, the person desirous of erecting such machine.

4.—Main Sludge Channels to be approved by the Warden.

The position and course of all Main Sludge Channels, and the width and depth thereof, shall be subject to the approval of the Warden, who shall have power to alter and vary the same whenever it shall seem to him necessary so to do; and upon the approval of any such Main Channel, the Warden shall grant a certificate of the same to the applicant.

5.—Expenses of Construction.

The expenses of the construction of such channel shall be borne by the persons then or afterwards using the same, in proportion to the position of each machine relatively to the said channel, and payment of such proportion to the person constructing the same shall be made prior to the granting of any Certificate of Registration.

6.—Sludge Drains and Channels to be kept clean.

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

7.—Roads over Drains to be Bridged.

When Sludge or Water Drains run across or under any road in general use, a substantial bridge (the underneath portion of which shall be of such 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.

8.—Forfeiture of Dams or Machines.

The site of any dam or machine not commenced within seven days from the date of the grant thereof, or not completed within a reasonable time, or any dam or machine unoccupied for one month during any period when sufficient water has been available, shall be deemed to be forfeited, and may be granted by the Warden to any person who may apply for the same.

9.—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 is proved to the satisfaction of the Warden that such breaking away resulted from the faulty construction of such dam.

10.—Sites proving Auriferous.

If it shall hereafter be proved that the ground occupied by any dam or machine contains auriferous quartz, or not completed within a reasonable time, the owner of such dam or machine may be compelled to leave or remove the same. Provided that adequate compensation has been extimated by assessors and paid by the person desirous of working the ground.