THE Otago Daily Times.

Otago Daily Times, Issue 719, 7 April 1864, Page 4

THE Otago Daily Times.

" Inveniam viam aut faciam." DUiNEDIN, THURSDAY, APRIL 7th. About two years ago, it was forced upon the Legislature of Victoria that the time had cirrived when, to prevent irremediable confusion, a codification and classification of the mining laws had become an absolute necessity. But so great was the variety of them, in consequence of the local legisla- ) tion, by which rights and privileges supposed to be applicable to particular districts had grown up ; and so utterly incompetent to the task, apart from specific information, did the Ministry of the day feel themselves to be, that a Commission was specially appointed to inquire into and report upon the existing practices, and to suggest such measures as appeared likely to secure the desired end. At the cost of immense labor and expense, accompanied by a specially appointed secretary and one of the Government staff of shorthand writers, the Commission visited the various gold fields, and collected a mass of evidence bearing upon mining regulations and polity, which, when collected into a volume, formed one that, however interesting as a record, few would care to go through.

After some few changes in the earlier years of the Gold fields' history in Victoria, the local regulations had been formed by Mining Boards ; the members of which were returned by the miners, and were consequently supposed to represent the opinions of the majority. The consequence was that regulations in particular districts were adopted, which, however adapted to the gold fields during their earlier stages, tended to discourage the investment of capital, when the time had passed for realising wages by surface digging only. These had, by subsequent measures of the Board, been altered, not always judiciously, and in many instances without due consideration for rights, which had grown up under the previous laws. In some districts claims were too small, in others, from the peculiar nature of the mining, the claims overlapped on the surface ; while from adopting what is termed the frontage system, rights to portions of a gutter were allowed underground, the position of which could not even be dreamt of from the situation of the shaft. On many private estates gold mining was followed by private companies, although from the peculiar state of the general laws it was a moot point whether a holder of a miners right had not legally the power to go and insist upon taking the gold, in defiance of the owner of the land. In some districts conflicting water rights were claimed, each under the sanction of a specific bye law, —in others interruptions to the natural course of rivers had rendered auriferous ground below a certain point valueless. The litigation in the Mining Courts was from these causes unceasing. Sometimes, as in many of the larger and richer claims about Ballaarat, suits were carried on for years, and one at least, has been referred home for the decision of the Privy Council. The decisions in the Mining Courts, also, were without uniformity. One Mining Judge, in certain cases, deciding one way ; and another in parallel cases another. Nay, so far from the cases being adjudicated upon on a settled legal principle, even in the same court, contradictory results were arrived at. On enquiry into the nature of Mining partnerships, the law appeared to be most unsatisfactory. Loose arrangements had been allowed to become the practice, from the transitory nature of the interest, which associated miners had in the purpose for which they had united together. Both Mr. Haines and Mr. Ireland had attempted to introduce regulations defining the manner in which mining partnerships were to be conducted, but both systems were found in practice to be defective—to some extent unworkable—and not applicable to the more stable position that mining companies assumed when large capital and machinery were required for mining purposes. Much loss had resulted from these defects. In many cases persons had been defrauded of capital advanced, and thus to a great extent men of means were deterred from entering into mining specula-

tions. The practice of jumping claims also, was found to entail great hardships. In one case a company had labored four years, and invested a very large sum in machinery, when through some accidental neglect regarding the renewal of lapsed miners' rights, a party jumped the claim and held legal possession of it to the exclusion of the original proprietors. And this was only one out of numbers of case that were investigated, and of numbers more that were mentioned, in which, from forge tfulness or

incautiously neglecting to fulfil some trifling technicality, the labor of years was, without remedy, transferred to loafers who, not working themselves, but making themselves acquainted with the technicalities of the local regulations, contrived to live by filching the fruits of their industry from their more honest but less cunning neighbors.

Innumerable other evils had grown up, the full details of which were contained in the evidence taken by the Commission; but the mention of those which have been hinted at is quite sufficient to show that the Commission had a work almost as Herculean in its character, as that of cleansing the Augean stable. From the Melbourne advices received by the Gothenburg, it appears that not only have the labours of the Commission ceased, but that the Legislature is about to propose measures founded upon the information obtained. It will be a carious and instructive study to observe how conflicting interests such as have been described can be reconciled— how uniformity of practice in the various classes of mining can be adopted, and how ephemeral partnerships, such as are formed by persons meeting perhaps for the first time, but drawn together by mutual interest, to combine for a few weeks or months for a common purpose, can be subjected to regulations which will protect the honest against the designing and unprincipled. The proposed Bill has been published, and comprises 341 clauses and 34 schedules; and as its provisions may afford useful hints for the codification and improvement of our own mining regulations we propose giving a full exposition of them in a future article.

When we noticed the late sale of Harbor Reclaimed Lands, we stated that two sections had been reserved, one of them being so dealt with because it adjoined that on which stands Reynold's bonded store, with the owner of which it was necessary to make some arrangement with respect to light. The section on the jetty side of that reserved was purchased by Mr George Murray, (Murray, Kerr and Co.) as were also two sections on the further side of Mr Reynold's premises. Since the land sale, Mr Murray has purchased the lease of the bonded and other stores belonging to Mr Reynolds, and has acquired the right to a width of 11 ft. of the reserved section which was given by the Government for the purpose of light, the condition being annexed that no buildiug should be placed upon it. Yesterday, the remainder of the reserved section was put up for sale by auction, by Mr Jago, the Government auctioneer. It has a frontage of 15 ft. to Crawford-st. and to Bond street, with a depth of 81 ft. between those streets ; and the conditions were, as at the original sale, a 99 years' tenure, upon payment of £1 per foot frontage to each street. Mr Murray, it will be seen, had a general interest in becoming the purchaser ; but he had also a special interest. Mr Riordan, of the Cafe de Paris and the City Buffet Hotel, is the holder of that section of reclaimed land which fronts the jetties.and which is separated from the land that had to be sold, only by one of Mr Murray's sections. Mr Riordan contemplates erecting an hotel on his ground, and we understand that he desired to get the 15ft. for the purpose of putting up rooms for servants, stores, &c, as the one section is hardly large enough for what he desires to do. The close proximity of a building so used and occupied, would have been most injurious, because most risky to the leaseholder of the bond ; and hence Mr Murray's special interest in becoming the purchaser at yesterday's sale. The land was put up at an upset price of £100, and was speedily pushed up, in £5 bids, to about £250. Two other bidders had to this point shared the excitement with Messrs Murray and Riordau, but they now desisted. The gentlehian named bid on until Mr Riordan bid £405, upon which Mr Murray at once advanced to £450, and Mr Riordan declining to go higher, the lot was knocked down to Mr Murray, the price ! being, we believe, some 40 to 60 per cent, in ' excess of that paid for the adjoining sections. Mr Murray will, we believe, be the first to put the reclaimed land to use, although he will speedily be followed in the employment of what i 3 being more and more seen to be some of the most valuable land in the city for mercantile and shipping purposes. Mr Murray is about to have built a range of nine offices, extending 100 ft. and specially fitted for the use of shipping agents. They will front Crawford street (or the Bay), will be outside the line of the bonded store, and will stretch from the northern boundary of Mr Murray's land to the commencement of the lift, reserve. The elevation will be Italian in character, rusticated up to the cornice, above which there will be an additional height. The central doorway will be flanked by coupled pilasters, and above it will be a pediment, surmounted by a flagstaff, and having a clock in the tympanum. On each side of the central doorway, there will be two others, with semi-cir-cular heads, the windows being flat-headed; and each of the offices will be lift, wide, 14ft. deep, and 12ft. high, the height from the ground line to the top of the pediment being 25ft. The architect is Mr R. A. Lawson.

Telegrams in the " Argus" report very serious floods in Queensland. They are as follows:—Great floods have taken place. Many houses in Brisbane and Ip3wich are under water. There is vast destruction of property. Numerous small townships are submerged. Communication between North and South Brisbane is interrupted. The roads are almost impassable. The rain is incessant. The river is three feet higher than in any previous flood. The water is twelve feet above high water mark, In the Western districts the floods are the highest known since 1843. Immense damage has been done. The lower portion of Brisbane is submerged. Incalculable injury has been done to pastoral interests, in losses of cattle and sheep. One station has lost 20,000 sheep.

" The King of the Alps" and "Raising the Wind" were repeated at the Princess Theatre last evening. It must be noted, that the ; pleasant and in every sense good play from the German, which we noticed at some length on Tuesday, has been less attractive than many a senseless piece of trash without an latom of good in writing, construction, or tendency, which has occasionally been produced. The managers constantly, in their search after novelty, have produced well, pieces that have been excellent in themselves; land that they, have failed to attract even moderate audiences must be accepted as the explanation why more of the same standard have not been put upon the stage. The result is to be regretted, but the managers cannot beheld to be responsible. The house was very thinly attended last evening: and this evening, the pieces are to be •' The Daughter of the Regiment" and " Ali Baba." To-mor-row evening, we feel confident the house -will be crammed; because the performances will be in aid of the fund for the widow and family of the late Mr James Mulholland. The managers have been liberal in their arrangements; and the object will commend itself to a Jargc number of all classes of residents.

From the 14th to the 31st March, 144 applications were received at the Land Office for upwards of 6806 acres of rural land, in blocks varying from 9 to 3000 acres each in area. The total quantity is probably much greater than above stated; but from the extent of several blocks not being stated in the notice in the " Gazette,'' not only are we unable to state the quantity accurately, but we cannot give our customary analysis. The applications will be decided at the Waste Land Board Office on Thursday, the 14th April. Those subject to auction, at 12 o'clock at noon.

By proclamation in the " Provincial Government Gazette," an area of land comprising 57 acres, more or less, on the Mount Ida gold fields, is withdrawn for the purposes of sale. The boundaries are thus described : —" Run, numbered 204 on the map of the North-eastern district of the Province of Otago, bounded towards the north by the township reserve, 626 links, also 1330 links ; towards the east by the township reserve, 1760 links •, and towards the west by Crown lands 1795 links, by Cemetery reserve 812 links, also by the township reserve, 2396 links. In addition to this area there are five acres on the same run, bounded on the north by the Crown lands, 500 links ; towards the east by the township reserve, 188 links ; also by the town of Hamilton, 812 links ; towards the south by Crown lands, 500 links ; and towards the west by Crown lands, 1000.

The Provincial Freehold Lind and Building Society held its first meeting for the sale of shares last night ; and the spirited competition which existed amongst the members brought a goodly profit upon each share, the first lot having been sold at £17 10s ; and 8 shares realised a premium of £1S 10s each. A. large amount of subscriptions weie received prior to proceeding to business, and the society may now, without doubt, be prouounced a decided success.

The monthly statement of money orders issued and paid in the Province of Otago has been forwarded to us for publication by the Chief Postmaster. The number of orders issued for the month of March past is 602, representing £3138 7s lOd ; and the total number since the commencement of the system is 7814, amounting to £40,352 18s 4d.' The number of orders paid in the'month of March was 212, amounting to £1036 9s 5d ; and the total number since the adoption of the system 1940, representing the sum of £9854 Is 3d.

A general meeting of the Dunedin Cricket Club was held last evening, at the Shamrock Hotel, Rattray street; but the attendance of members was not numerous.—Mr James Tultou was called to the chair.—Mr Turton explained that the meeting had been convened primarily for the purpose of considering the financial position of the club. The present liabilities were about L9B; while the assets, including cash in hand might be taken at L 5. There were two courses open: firstly, to call upon the members to pay a second subscription of a guinea; secondly, to allow the liability to stand over till next season, credit being meanwhile obtained from one of the banks upon the personal security of ten or a dozen of the members, an understanding being given that the first assets of next season should be applied to the liquidation of the debt. But it must be observed that the adoption of the latter course would leave very litcle of the funds to be applied to the working of next season. When this general matter bad been settled, there would be two others to be considered—the continued engagement of Coulstock, and the erection of a fence around the ground. Pending decisions on all these points, a final statement as to the results of the past season could not be laid before the members. —Mr Kissling said that it would not alter the position of the club, but it would improve the retrospect of the last season, when he explained that some £38 of old liabilities, created before the present Club really brought cricket into vogue, had been paid off. He confessed that he was decidedly in favor of the former of the plans suggested by Mr Turton for getting rid of the existing liability. Mr Moncrieff urged that the liability should be allowed to stand over until next season. He was opposed to anything like an authoritative call ; for there were only some 30 or 40 playing members out of the 113, and the majority of the balance would not be likely to subscribe again next season, if they were almost compelled now to pay a second subscription. There was a general conversation, the prevailing opinion being that, with united action, the financial difficulty would be very easily got over. A resolution proposed by Mr Turton, and seconded by Mr W. Murison, was adopted. It authorised the Committee to call upon the members to aid the Club by additional subscriptions, and directed the Committee to report to a meeting to be held in a fortnight. The possibility of getting something like a secure tenure of the ground for the use of the Club, or at least for cricketing purposes, was considered ; and some unimportant business was discussed. The usual weekly practice of the Philharmonic Society was held at St. George's Hall yesterday evening, when the Oratorio of the " Creation " underwent a full rehearsal. The precision with which the choruses were given evinced a marked improvement, and there can be no doubt but the public performance next Wednesday evening will afford a rich treat to the lovers of music. The final rehearsal is appointed to take place on Saturay evening next.

A tea meeting was held last evening at the Wesleyan Church, Dowling street for the purpose of bidding farewell to the Eev. I. Harding, who has for some time officiated as minister there, but is now about to be removed to Wellington. The Rev. Mr. Stewart occupied the chair, and several other ministers were present. Some of the members of the Choral Society were in attendance and rendered good service in several anthems which were sung. The Eev. J. Smith opened proceedings with pra3Ter, after which the chairmain paid a high tribute to the guest of the evening, and dwelt on the many good acts he had done in promoting the growth of churches and in ministering to up-country congregations. He referred more particularly to Mr Harding's labors at the Dunstan, at Weatherstone, and other places, and concluded by remarking that he considered Mr Harding was in fact one of the warmest missionaries they had in the Province. The Revd. R. Connebee proposed a resolution, which was carried, "That tnis meeting is desirous to show its regard to the Revd. I. Harding, prior to his departure for Wellington." He also expatiated on the good qualities of the retiring minister, and wound up an excellent speech with a feeling personal address to Mr Harding. Mr Thomas Dick moved a reso ■ lution expressive of appreciation of the services cf Mr Harding ; and the Revd. Mr. Parsons moved another, that the prayers of the congregation would always follow their retiring minister. After these addresses were delivered, Mr Allcorn presented an address from the ladies of the congregation, together with a silver tea service and a dressing case. Mr Shaw next came forward, and in the name of a few gentlemen presented a handsome bible, and accompanied it also with an address, The Rev. I, Harding replied in appropriate terms, and disclaimed much of the praise that had been bestowed on him. He expressed the sorrow he felt at separating from those he had been associated with, but as duty called it was necessary for him to do so. After a few more remarks and some singing from the choir the meeting terminated, with the usual benediction. Mr Edward Samuel Shrimski has been returned a member of the Town Board of Oamaru, in the room of Michael Grenfell, resigned. A bill has been prepared to submit to the Provincial Council to amend the Kerosene and Parafine Oils Ordinance, 1863. The object of it is to empower the Superintendent to approve warehons2s and places of security for inflammable oils beyond the limits of the city of Dunedin, and within the limits of other towns in the Province. There are but three clauses, which contain only the necessary authorisation for that purpose. The "Melbourne Herald," of 19th March, gives the following account of an unknown cruiser at the entrance of Bass' Straits :—" A good deal of curiosity and speculation has been excited during the last two days by the presence off Cape Otway of a steamer which has been cruising about, but with regard to which nothing has yet been ascertained. At noon yesterday, she was twenty-three miles S.W. of the Cape, and steering in a westerly direction. By the telegraph operator she is described as having the appearance of an iron vessel, rigged as a ship, painted black, with a white quarter, and having her funnel abaft the mainmast. It has been thought that she might be the Victoria, but that vessel is in Apollo Bay; then that she might be the Australian, from India, or the Armenian, from New Zealand ; but there is nothing to give force to these suggestions. Nat a few persons believe that the strange sail must he the Alabama, and as nothing is known, there is the fullest scope for guessing."

The Melbourne "Age" of the 26th, states —"That at the establishment of Mr Enoch Chambers, in Little Collirs- street, was set in motion, on Thursday, for the first time, the stone breaking machine just constructed for the Ajax Mining Association. The machine worked admirably. It is capable of receiving blocks of quartz measuring a cubic foot, and delivers the stone broken to a gauge of two inches and under. Its capacity for work is five cubic yards per hour, or about 150 tons stone in twenty-four hours. The stone, when thus reduced, is intended to pass under the stampers, the work ani wear of which are thus much lessened."