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IX.—TUNNELLING.

1. CONSTRUCTION OF TUNNEL.

Any person intending to drive a tunnel through ground other than his own shall give notice thereof in writing to the Warden, and such notice shall be in the form hereinafter set forth in Schedule D, and a copy of such notice shall be posted and maintained at the mouth of the proposed tunnel for seven (7) clear days from the posting of such notice, and if no valid objections be entered against such tunnel within the prescribed period, a certificate of registration may be granted by the Warden to the applicant.

2. WALLS TO BE LEFT.

A wall of not less than four (4) feet six (6) inches shall be maintained on each side of any tunnel.

3. REMOVAL OF WALLS.

If any person is desirous of removing any such wall between two tunnels, he shall first obtain the consent, in writing, of the party occupying the adjoining claim; and such consent shall be in the form hereinafter prescribed in Schedule E, and lodged with and approved of by the Warden.

4. TUNNELLING THROUGH AURIFEROUS GROUND.

When any tunnel is driven through auriferous ground held by others, the person desiring to remove the same must provide an equally good tunnel for the original owner; Provided that he obtain the consent of the Warden, who, in the event of any dispute arising concerning the efficiency of the tunnel, shall make an order for the same to be decided by arbitration.

2. CONSTRUCTION OF TUNNELS.

All tunnels shall be begun within seven (7) days from the date of registration, and fairly worked until completed or abandoned. The tunnel is to be considered abandoned if unworked for one clear day during construction.

X.—DAMS AND PUDDLING MACHINES.

1. NOTICE OF CONSTRUCTION TO BE GIVEN.

Any person intending to form a dam or erect a puddling machine, shall give notice thereof in writing to the Warden, and to the parties working or occupying claims nearest to the proposed site, who shall sign such notice, expressing their assent thereto, or dissent therefrom; such notices shall be in the form prescribed in Schedules F and G, 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 clear days the Warden shall, if there are no valid objections thereagainst, issue a certificate of registration (in the case of dams, reservoirs, and watersheds, giving the area and size of such dam or reservoir and extent of watershed).

2. 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 first been constructed, and every such person shall be entitled to occupy, for the purpose of depositing matter taken out of such sludge channel, a space along the whole length of such sludge channel not exceeding ten feet on either side.

3. SLUDGE CHANNELS TO BE APPROVED BY THE WARDEN.

The position and course of all sludge channels, and the width and depth thereof, shall be subject to the approval of the Warden, who shall have power to remove, alter, and vary the same whenever it shall seem to him necessary so to do; and upon the approval of any such channel, the Warden shall grant a certificate of the same to the applicant. And when any such channel shall be ordered by the Warden to be removed, altered, or varied at the instance of any person, the expense of such removal, alteration, or variation shall be borne by the person at whose instance such removal, alteration, or variation was made.

4. EXPENSE OF CONSTRUCTION.

The expense 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.

5. SLUDGE DRAINS AND CHANNELS TO BE KEPT CLEAR.

Sludge channels shall be kept clear and in good repair by the joint labour of the machine owners in each locality, and the owner of each machine shall further keep clear and in good order the private sludge drains connected with such machine, and on no pretence whatsoever shall the sludge from any channel or private drain be permitted to overflow the banks or edges thereof.

6. ROADS AND 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.