120

entitled to receive compensation from the holders of all claims benefited by such drainage.

2. MODE IN WHICH COMPENSATION IS TO BE AWARDED.

If any person shall apply for compensation under the preceding clause, the matter shall be dealt with by the Warden, or Warden and Assessors, who shall fix the amount of compensation to be paid by the person so benefited, and may order such compensation to be paid by instalments, weekly or otherwise, by way of rental, during such time as the benefit lasts, and the said amount may in like manner be readjusted from time to time as the Warden may deem it necessary. Should, however, either party demand to have the case tried by arbitration, it shall be determined in that manner.

XV.—AMALGAMATION.

1. CLAIMS MAY BE AMALGAMATED.

On application being made to the Warden, it shall be lawful for him to allow any number of claims not exceeding four (4) to be amalgamated: Provided that it shall be proved to the satisfaction of the Warden, that such amalgamation is expedient or necessary for the efficient working of the ground.

2. AMALGAMATED CLAIMS TO BE REGISTERED.

Applications for amalgamated claims shall be made in writing to the Warden in the form hereinafter set forth in Schedule J, and copies of such notice shall be posted and maintained for three (3) clear days on the boundaries of the claims proposed to be amalgamated; and if no valid objections be entered thereagainst within three (3) clear days from the date of posting such notices, a certificate of registration may be granted by the Warden to the applicant.

3. NUMBER OF PERSONS TO BE EMPLOYED.

In the event of claims being amalgamated the same number of miners shall be employed on such amalgamated claims as were required before such amalgamation took place.

4. AMALGAMATION FOR TESTING A REEF.

Any number of adjoining ordinary quartz claims, not exceeding fourteen hundred and forty (1440) feet in the aggregate in length may be amalgamated to test the ground in search for a quartz reef, provided that not less than one miner for every one hundred and eighty (180) feet be employed thereon. Claims so amalgamated must be fairly worked as provided in Section III, Clause 4, and on discovery of payable quartz the amalgamation shall cease with regard to the claim whereon the quartz has been struck, and the full number of men shall be employed thereon.

5. PERMANENT AMALGAMATION OF QUARTZ CLAIMS.

Any number of adjoining quartz claims not exceeding in the aggregate fourteen hundred and forty (1440) feet in length, may be amalgamated by the holders thereof posting near the centre of the claims so amalgamated a notice stating the registered number and extent of such claims. All amalgamated quartz claims must be registered and a prospecting quartz claim may be permanently amalgamated with ordinary quartz claims.

XVI.—GENERAL REGULATIONS.

1. INTERFERENCE PROHIBITED.

No person shall, under any pretence whatever, damage, destroy, or otherwise interfere with any race, tail-race, dam, sludge channel, or drain, machine or other appliance connected therewith, nor with any claim, unless the sanction of the owners thereof, or the authority of the Warden, shall first have been obtained for such interference.

2. THROWING EARTH OR TAILINGS ON CLAIMS.

No person shall throw, or cause to be thrown, upon any claim other than his own, any earth, stones, gravel, tailings, or any other substance.

3. INTERFERENCE WITH PEGS AND NOTICES.

No person shall alter the position of any trench, nor remove any peg from a claim in the occupation of any other person, nor deface, destroy, or remove any notice posted in accordance with these regulations, nor interfere with any mark or boundary; neither shall he post any notices to which he may not be entitled under these regulations.

4. JUMPING FORBIDDEN.

No person shall take possession of any claim, race, dam, machine, or any other right or privilege whatsoever (unless the same shall have been absolutely relinquished) without first obtaining the consent of the owners, or the authority of the Warden.

5. PENALTY MAY BE SUBSTITUTED FOR FORFEITURE.

In all cases wherein forfeiture is decreed by these regulations, it shall be lawful for the Warden to substitute a monetary penalty in lieu thereof, and to allow thereout a sufficient sum to defray any reasonable expenses incurred by the plaintiff in the prosecution of his suit: Provided that when under “The Gold Fields Act, 1866,” or any Amendment Act thereof, forfeiture without penalty is provided, the Warden shall not have any such discretion as is hereby given.

6. PERMISSION TO ENTER CLAIMS.

The Warden shall have power to authorise in writing the entry of any surveyor, assessor, or any other person into and upon any claim.