AMENDED MINING REGULATIONS.

Otago Daily Times, Issue 90, 28 February 1862, Page 2

AMENDED MINING REGULATIONS.

j made in the Mining Rules, but, as the want of , a complete code is likely to lead to complications we have thought it best to incorporate the rules with the alterations, and thus prepare a } regular code. The Mining llules as amended 1 will stand as follows:— RULES AND REGULATIONS. f ..- Interpretation. Wherever the term " Commission or" is used in 2 these Itegulntio7is, it shall be understood to mean the 1 ComrMssionor, Warden, or Resident Magistrate, or 1 any other officer entrusted with the superintendence r of the gold field or any portion of it, and holding a 1 commission, duly empowering him to lmve charge thereof. The words "miner," "person," and "claim," shall bei'ead as both singular and plural. 1 The word "miner," us used in those Regulations, 3 shall mean an " authorised person" being the holder 1 of a " Miner's Right," and no other. n The word v claim" shall be taken to apply to any " f authorized holding', hut generally to claims held under 1 '•' Miners' Rights." 5 issue of " Miners' Rights." il. Every person residing on the gold field, and not 3 being the holder of ;i business license, or lease, sha'l t take out a Miner's Right from the Commissioner, for , which he hall pay a fee of One Pound. This will entitle him to the Electoral Franchise, Protection in the civil courts, and the Occupancy of liis claim. Such ■ Miner's Right to lie carried on the person, and not to j be transferable, though applicable to any part of the ] Province. Extent and Position of Claims. 3. Ths extent of ground'that maybe occupied in f alluvial workings by a miner, holding a Miner's . llight, shall be :— For surface digging, an area of Gl yards i. For surface digging, exceeding 12 feet in 1 depth .. .".' 80 yards ' For ground where sinking and driving are t necessary 80 yards For ground where the sinking exceeds 50 , feet 90 yards For ground where the sinking ,'exceeds 100 ■ feet 128 yards '- . 7fhe Commissioner may grant a claim, not exceed:- ---: ing treble the area of a primary claim, on land that. [ has been worked ant I abandoned. 4. Between each claim and the next there shall be a partition of three feet in width, which shall be left |in its natural state. On special application anynum- ' ber of claims may be unite;', half in front, and half ill • rear; and in such a erse the partition between such ■ united claims and the noxt shall be six feet in width. j- 5. A person desirous of taking up a claim, shall do so immediately adjoining a previous one, with the 1 usual passage, or leave at least a complete claim and '■ passage between. 1 " Claims to he Staked Out. 0. Every claim must be distinctly marked by pegs, driven firmly into the ground, one at.each corner thereof, and standing at least two feet above the sur--1 face of the ground, and all to be kept, clearly visible - so long as the claim is occupied ; provided, tliat when , any corner cannot bo so marked, on account of the , nature of the_ ground, such peg to be fixed at the j nearest practicable point. ' Rights of Servants vested in JSmploi/ers during ■ service. 7. If any person holding a Miner's Riarht shall hire ■ himself to an employer for wages, the z-ight to occupy . the claim of such hired servant shall vest in the employers, during the period of such service. , Copies of Written Ayreenixnts to be lodged with, ' ■ Comiuiitxumer. 8. When any Mining Partnership is entered into 'by a written agreement, a copy of such agreement . shall be lodged in the oHiee of the Commissioner. Buds of Streams may be laid bare. 9. Any Company formed for the purpose of laying ; bare and working a River Bed, shall be entitled to ; occupy, and use, with the. consent of the Commis- [ sioner, for each holder of a Miner's Right in the Company, sixteen yards in length of the river's bed, : and also the race or cut made for the conveyance of ' the water iVom the point where the claim shall com- ; nience, to that where the water isre-doliveredintothe I natural bed of the river; and shall further he pro- - tectcd in the suriiice occupation during- the formation \of a suilieient bank for retaining the water in the " race, and also in the surface occupation of a track, ; twenty-four feet in width along oue bank of the • river. ; Such Worlis not to lie obstructed. [ 10. No person shall obstruct, nor in any mannei interfere with such work, cither in progress' or completed ; nor do anything to prevent the object proi posed to be accomplished thereby. 1 li'ujht to Surplus Ground ) 11. If more' ground shall he laid bare than the i number of Miners' Rights held by the party shall en- •■ title them to occupy, they shall be allowed" one week from a notice thereof by the Commissioner, to place thereon as many holders of Miners' Rights as they shall think lit'; after which time any miner may occupy the surplus ground, if there then remain any, paying to the party who constructed the works a finri proportion of tho expense incurved in diverting the stream. In the event of a dispute arising as to the amount to bo paid, it shall be lawful for the Commissioner, in conjunction with the Assessors, one to| be appointed by each of the parties concerned, ■to award such sum or sums, to be paid as may seem to them, or any two of them, and of whom the said Commissioner shall always be one, to be justly duo to the persons who constructed the works. Worlis not to be, injured by the careless felling of Trees. 12. If any person shall fell any tree or timber,1 either intentionally or by undermining, or other means, he shall remove jfc beyond the reach of floods, j so that it'may not be drifted do mi any .stream. If any person shall fell timber on to an adjoining claim, he shall, on demand of the occupier of such claim, immediately remove the same. Might of lioad over Claims, §c. 13. Upon any four or more persons applying for a road! or ■ crossing-place over any gully, creak, quart/, reef, tail race, or other obstruction, and guaranteeing that they will make the same, if sanctioned, tiie Commissioner shall determine whether or notsueh road or crossing-place is necessary, and shall make sueli order relative thereto, as he may deem requisite; and no person shall in any way resist the making of any such road or crossing-place, after its formation shall have been authorised by the Commissioner. Provided that when a, road shall have been formed on an occupied claim, it shall be lawful for, the holder or holders of such claim to work the ground over or ! through which tho road 2»sses, or if he or they previously constructed another road in lieu thereof, and equivalent in value or usefulness to that proposed to be worked by him or them. IMIOSVECTIXG. Additional Claims as a. Reward for Prospecting. \ For the encouragement of prospecting parties, persons discovering new gold workings and reporting the same to the proper authorities without delay, may have allotted to them, on special sanction', an extent of ground equal to treble the area of an ordinary surface claim. The increased grant shall not be given to more than four miners composing such party. For the purpose of this regulation, v new gold-working!

shall mean "ground previonsly umvorked, and capable of affording employment to not less than fifty miners." Discontinuing WorHng of Claim—the same to be forfeited. 15. No miner or party "of miners shall at one and the same time hold more than one claim, proportionate to the number, or hold any claim in reserve orunworked beyond the space of 21 hours. »nd such proceeding will ha considered as a reiinqmshment of! right to any claim, however much previously worked, unless sufficient reason, such. ,as sickness, or some other urgent cause can be .shown to the satisfaction of: the Conimusiojier, on the claim becoming a subject of dispute ; but the Commissioner may, at his discretion, suspend for seven days the operation of this regulation, as regards the period during which a claim may remain unworked, cr in reserve ; but in such cases the suspension shall be given in writing. Auriferous Quartz lleefx. Rule 15 A. The successful prospector of an auriferous Quartz Reef shall be entitled to an area, described by a measurement of 150 feet, in the direction of the reef, and 150 feet on each side of its centre. And each miner working a reef and holding a Miner's Right, shall be entitled to a claim of 25 feet, by 300 feet, measured in the same manner. Wet Sinking. Rule 15 B. Application for claims for Wet Sinking will be entertained by the Commissioner, and decided on by him in communication wit), the Government, at the rate of nci more than four miners' ordinary claims to one-horso power. WATHIt PRIVILEGES. Right to lead Water through or over occupied Claims. 10. Any miner, with the consent of the Commissioner, may lead water through or over an occupied claim, whether such claim is held under a miner's right, license, or lease. Provided that such water shall not be led in such a manner as to injuriously affect the interests of the occupier of any such claim, but shall be subject to the approval of the Coinmistionei, and be done in such a way as to be foir to all persons concerned. Waterworks not to be Injured WVfully. 17. No person shall injure any race or dam, or do anything to obstruct the water, or to deprive the person who has diverted the water of the use thereof. Tail Races not to be obstructed. 18. If any person shall take possession of unoccupied ground, over which water escapes from an occupied claim, ho shall not obstruct the flow thereof so as to throw it back upon the claim from which it escapes. Miners' Bights to bit shown when demanded, 19. Every holder of a Miners' llight must, on demand of any officer duly authorised, or of any person being the holder of a Miners' Eight, to see his Miners' Eight, exhibit the same. On refusal to show Miners'1 Right, the holder loses Protection. 20. In the event of any dispute arising from the refusal of the holder of a Miners' llight to exhibit it when demanded by another person, being the holder of a Miners' Right, or a person duly authorised to demand it, the person so refusing shall not be entitled to any protection, and his claim may be jumped accordingly. Business Licences. 21. Every person engaged in trade or business of any kind within the limits of the gold field, shall obtain from the Commissioner ;i Business License, for lvliicli lie shall pay the sum of Five Pounds (£5) annually, and shall be entitled to occupy an allotment of land not exceeding a frontage of 20 feet by 40 feet. 22. Every holder of a Wholesale License for the sale of fermented and spirituous liquors in quantities not less thau two gallons, shall pay a fee for the same of Twenty (.£2O) Pounds. Such License to remain in force, for the period of twelve months from the date of issue. 23. Every holder of .a Retail License for the sale of fermented and spirituous liquors in any quantity, shall pay a fee for the same of sixty (,£iio) pounds. The holders of Business or Liquor Licenses shall, if so required by the Commissioner, be sworn in as special constables. 24. All Licenses may be withdrawn and cancelled by the Commissioner, upon proof of his satisfaction of ;t breach of the regulations of such Gold Fields, or of any disorderly conduct upon the premises held under such Licences. Transfer of Claims. 25. Claims may be transferred to any authorised person, but such transfer shall not be legal until it has baen registered in the Office of the Commissioner. The fee for registering the transfer of any claim shall be five shillings for every claim so registered. Penally for Breach, of Regulations. 26. Every parson committing any breach, whether of omission or commission, of any of the above Rules and Regulations, will be liable to the penalties set forth in clause S2 of the " Gold Fields Act, 1858,'' namely : For the first offence, a fine of any sum not exceeding Ten Pounds, and for the second or any subsequent offeucs, not exceeding Twenty Pounds. 27. One-half of the penalty recovered on Conviction of selling Fermented or SpHtuous Liquors without a license, to be paid to the lufor.-ner, or in case of his being a Government servant, to be applied in such way as the Superintendent may direct.