Victorian Mining Boards.

Cromwell Argus, Volume XXVII, Issue 1372, 13 August 1895, Page 3

Victorian Mining Boards.

FUNCTIONS OF BOARDS. [Continued.] .-. '■■. Every mitring board under this part of this Act, notwithstanding any vacancy therein, shall have power from time to time (but subject to the , ; Provisions of this part of this Act) to' make by-laws for the district for which it shall have .been elected, or for any one or more.diyisiori or divisions or part or parts thereof, and to revoke 'alter and amend the same; such by• ' laws not to affect any right interest ; liability or obligation existing at the time of the making thereof; and such ~.. by-laws may be for any of tlte following purposes : (1.) For prescribing the mode iri which the validity of disputed elections to such boards shall be "decided. (2.) For regulating their own , /proceedings. (3.) tor determining what are to be the dimensions and boundaries and whether to be at the time of the taking possession or other- .' ■) wise completely or partially defined or not , and what the quantity and form and the position *with respect to any reef lead or gutter or otherwise of the larid which according to the nature of the land or otherwise may be taken possession of by any person or persons for a claim and the number of claims which any puson or any two or more persons in conjunction may take ; possession of'under a mitier's ? right or miners'rights. ';■'■.'.; ( (4.) For prescribing the manner H i -which, and with,what rights and / obligations any such claim or any race drain dam or resorvoir cut or constructed,or ariy water taken ,or v diverted by virtue of a mirier's -:: right .shall be taken possession of rieid'"Used or enjoyedand worked, 1 subject; however to any right which may have been obtained; under any license granted under this part of this Alct to cut construct, arid use laces drains dams and reservoirs arid to tajse or divert water. i yd.) For .determining when and whether, before or aftei. or partly before and partly after such taking . of possesaion, arid under arid in reference to what ciicums tances such dimensions, bqundary, quantity, form, and position are to be ascertained, and whether and' under and in reference to what circumstances and .how the same or any of them are or is at any time or from time, to time Whether before or after such t ,taking of possession to be altered. (6.) For determining whether and under what circumstances the holders of miners' rights who shall by virtue thereof use ariy water shall havei'. amongst them- " selves any priority .; of supply of; -' such water, and if so how or acy' ''cording-'to what system such priority is to he regulated, arid when the eVerits upon the order of priority of which any such? priority is to depend shall be' deemed to have occurred. \7i) -For determining the events on which the title to any land occu- > pied ( by virtue of a 1 business' license, or to any claim, race,; drain, dam, reservoir, or easement enjoyed under a miner's right or; to any share in such claim, race, drain, datn i reservoir, or easement; shall become forfeited; and for 1 imposing any penalty on the hap-; pening of any■ one or more of .such' events in lieu of any y such forfeiture; and for determining whjiti shall constitute exemptions from' or suspensions of such forfeiture,;. arid what persons shall be entitled to »■ enforce such forfeiture or penalty, and whether there shall be any order of priority of right 1 in any persons to enforce any such forfeiture or penalty, and if sd what shall be such order. (&) Fdf limiting the time within! which proceedings for any such forfeiture or penalty must be , ".' : ... i .j,taken... ',:,,. ■ :-.'--- : .',;-, % : ■ . (9.) For determining whether ' arid under what circUiristariceS ariy person who shall have obtained ari adjudication of any such forfeiture shall, as a condition precedent to his obtaining < possession; of the forfeited land, claim, race} drain, dam, reservoir, or easement, pay to the person as against whom the same shall W ad judged forfeited any sum as compensation . for any property on or labor or capital expended on such land, , * claim, race, drain, dam, reservoir, or casement; and for determining the mode in which any such sum shall be ascertained. . ' (10.) For deternliriirig ; what shall' constitute relinquished abandoned or deserted as distinguished.from forfeited claims, races,dams, reservoirs, easements, or - larid, or any share therein, arid by what person la'wfully coiripetent thereto, and in what mode and under what circumstances it shall be ascertained whether any particular claim, race, drain, dam, reservoir, N easement, or larid, or ariy claim therein., is relinquished abandoned or deserted within the meaning so determined; and whether and under what circumstances any person shall be permitted to relinquishwithout being liable to ariy consequences for the forfeiture of any land occupied urider a business license, or any ; race, drain, dam, reservoir or easement enjoyment under a V miner's right or share therein. Hi.) For deteririiriirig the extent and forin of land arid' the sites which may be occupied for the purpose of residence or residence arid business under this part of Act. , , ~ .. - .".' ; i (12.) For determiniiQg. the ..mode - which any hnd occupied for j

residence or business under this part of this Act or any claim race drain dam reservoir or easement enjoyed under a miner's right or any Share or interest therein which may be transferred or encumbered under this part may be so assigned or any lien or encumbrance thereon created and any such lien or encumbrance assigned or discharged the rights and obligations of any assignee lienee or encumbrancer of or upon: ' any such land claim race drain dam reservoir or easement and v the order of priority of any two ot ■ '";; more such lienees or eticum- , brancers. ,^ (tSf.) For providing ior the mode of obtaining and effecting the registry of land occupied under this part of this act for residence or business or any claim race drain'dam reservoir or easement enjoyed . under a miner's right or any share or interest therein or lien or encumbrance I hereon, and for the registry of the assignment of ariy such claim laiid race drain dam reservoir or easement or of any share or interest therein or lien or encumbrance thereon or ot the discharge of any such Jien or, encumbrance, and for registries of any ofi such interests in the case of the death insolvencv or lunacy of the owners thereof, or of the sale of any of such interests under the decree judgment or order of any court or the decision of a warden,' / and for imposing on such regis-' tries such reasonable fees as may be necessary for the purpose of defraying the expenses thereof. (14.) For regulating the mode,; in ■ '■-' which the rightfj and' privileges of the owners of claims, and of .races,! drams, dams, reservoirs, and ease-; ments enjoyed under a miner's V right, and of land occupied under this part of this A : or business may. be exerewed or enjoyed j and for ing or restricting the exercise and enjoyment of such and; privileges; and generally ior the' protection ot such owners in the exercise and/enjoyment: of the! rights privileges arid interests con-; , .ferred by this part, .! (15.) For preventing the accumu> latiou and for the effecting the taking away and depositing in some convenient place j of the; sludge tailings and other waste' and refuse matter oozing or flowing from or connected with any land held or occupied under the pro-! vision's of this part of this Act and worked by means of puddling" quartz-crushing or other machines and of the water, used in such claims and suffered to run to waste; arid for the making ot Bu'ch main and branch[channels'as 1 shall bei riecessary for thei purposes' aforesaid; and for preventing the allowance of such oozing 'flowing* or running to waste from one' claim into another with or without ariy condition for paylrient or imoriey or otherwise. . ,; , (16.) For imposing on all such land and machines such reasonable - rates periodical or otherwise asl shall be necessary for the purposes' aforesaid and for the remuneration of the officers which, each such board is hereinafter empowered id 1 appoint, for regulating the manner . of imposing and collecting such Wtes, ! and for disbursing the same for the purpose aforesaid. (17.) ( For the protection from injury l arid destructon whether by design or culpable negligence and from unlawful removal of such machines and of races drains dams and \ reservoirs enjoyed under miners' rights and of the water therein and of pegs posts .fences ana notices and of any plant or appliances used for or in connection with mining ; and for protection} frotri obstruction of such races and * dams and of channels drains creeks \ and rivers used for mining purposes- i . (18.) For regulating the mode. of construction and materials and strength of embankments of dams, and reservoirs enjoyed or to be 1 , constructed under miners' rights. ; (19;) For the constructing and keeping; iri ( repair of suitable' . bridges or other crossings over races channels or drains over which, roadsor thoroughfares shall becarried mdioic making approaches to, such bridges or crossings; and for determining* : the width' of such bridges crossings arid'approaches; , r , « (20.) For the making and keeping in repair and for regulating the width and formation of private ways and passages used for miriini purposes over claims or races or any Crown lands used or to be i used in connection, with iriiriing or business earned ..'on urider busiriess licenses; arid for regulating and imposing conditions on the right to change the directum of any such way or passage and for the protectiori of the same from inj dry or obstruction by the leavirig of felled timber or other obstructing or ariy waste or injurious matter thereon. (21.) For determining the distance and enforcing the same at which shaft arid other mining workings are to be kept from public and private roads ways and passages arid from private land dwellings and other buildings. (22) For the prevention of nuisances iri and »about residences or places of business held under a ntiner's right or business license, and for the cleansing and keeping clearised the same. (23.) For securing the baling of water from urines so as to prevent injury from such water to any ..mining workings'. (24): For preventing the defiling or wasting of water used for domestic arid for determining, whether any arid iwhat \ spring or other depository of

water shall be reserved for domestic use and the mode of such reservation. (25.) For determining the cases in which Crown lands lawfully and bona fide, used as a yard garden cultivated field or orchard or upon which any house outhouse shed or other building or any artificial dam or reservoir shall b% standing as hereinbefore mentioned shall c«»ase to be exempted from occupation for mining /purposes, and for prescribirig the manuer in which * compensation shall be ascertained and paid to the person or persons' holding or; using any such lands, j