THE MINING CONFERENCE.

Otago Witness, Issue 851, 21 March 1868, Page 13

THE MINING CONFERENCE.

The Mining Conference met again on < Tuesday, in the Provincial Buildings. All the members were present. Mr Pyke was in the chair.

The Conference proceeded — first, to conaider, seriatim, the clauses of the report submitted by the Committee which had teen appointed to prepare regulations for quartz-workings. The following was the report of the Committee :—: —

Your Committee having taken the subject •of quartz mining into their most serious consideration, and with the principal view of •encouraging the vigorous prosecution of this branch of mming industry, and, the discouraging the present system of locking up -country under the leasing system, unanimously agreed to make the following recomanendations :—: —

Ist That the discoverer or discoverers, of •new qu >rtz workings, shall be entitled, at any time within three nionthn after recording the ■discovt-ry with the Warden, to re-adjust his , .©r their boundaries, so as to take up his claim along the course of the lode, measuring the same fr>m one o-f his or their original pegs ; and • hat other claims may be taken up in accordance therewith, acoordng to priority of registration, and of the marking of such claims.

2nd. That any person neglecting to readjust his boundaries within seven days after the original claim has beeu re-adjusted, shall '.not thereat ter be entitled to do so unless the ground shall he unoccupied. 3rd. That no person shall be entitled to ■take advantage of the permission to readjust hi* boundaries, unless he shall have marked his claim, and registered the same with the Warden. , 4th. That quartz claims be subject to the same coHdtions as ordinary claims, under Regulation 2, except those of Section 8, special provision being made, that no p j rson shall be entitled to take po session of any •quartz claim upon which valuable plant has been placed or laid down, without first making application to the Warden. sth. That when the subjects of drainage and protection are before the Conference, provision should be made for the same, m •connection with quartz reefs. 6th. That the holders of quartz claims shall be entitled to the benefit of all dis--covenes and workings within the boundaries markod out and recorded by them. 7th. That a representation be made to the Government of the evil effects resulting from the locking up of extensive areas for which leases hay been applied for, in many instances, years ago, but which, leases have either not yet been issued, oi still remain ■unexecuted, to the great de riment oi the miners, and involving a considerable loss of -revenue, since, whilst land is held under such .applications, it appears that the persons holding the same without working, do not require to take out Miner's Rights, neither do they pay rent i or the ground occupied ; and further recommending that immediate ac.ion be taken by the Government, to enforce execution of, or to cancel such leaser), so that the land may either be worked or thrown open for occupation by holders of Miner's Rights. It wa3 moved by Mr Gillies, seconded by Mr Swyer, "That clauses 1, 2, 3, 4, 6 of the report stand as regulations, and that No, 7 be adopted as a recommendation to the Government. The motion was agreed to. The report of the Committee appointed to inquire into the regulations respecting water rights, races, and drainage, was then considered. The report and recommendations of the Committee were as follow :—: — Your Committee having given the matter due consideration, aad having carefully examined the existing regulations, beg to submitthe following alterations and additions :—: — They also wish to recommend, with regard to tho important subject of water rights, that sonic steps be taken to put the validity of these rights beyond doubt, either by a court o: revis on or otherwise, as several instances iiaye come under ther notice of rights proving defective, through some sight mistake or informality, either on the part of the Warden granting or party applying. This, they consider, has had the effect of seriously injuring this branch of mining property in the Province. Your Committee would also recommend, that in granting future rights, conditions should be made to prevent the holders of water rights from charging exorbitant prices for water, it being well known to them that on many diggings the rate demanded is so high that the ground is absolutely valueless to all except race proprietors. Reg. IV Water Rights and Races — Races already constructed. Races hereafter to be constructed, or which have been constructed prior to the proclamation of these rules and regulations, must be registered - with the Warden, as provided by Sub-section I. of Section XXL of the Goldfields Act, .1866. ' 2. Superiority op Right.— Superiority of right to a supply of water shall be determined by priority of occupation, the earlier occupant having the superior right. In all cases when the occupier claims under a certificate or other authority, in writing, granted by a Warden or Commissioner, occupation shall be taken to have commenced at the date of each certificrte or authority. 3. Supe> iority of Right forfeited by Disuse —If airy raoe shall be entirely unused for a full period of 30 days, at a time when water is available for it, occupation of the

right BhaJl be deemed to have . recommenced, at the last re-occupation thereof. , ' 4. Heads or Races.— All rages th«£ may, hereafter be cut shall have a point specified at which they shall be taken from the creek or river. In races already cut, this shall be taken to be the spot from which the race now heads. No person Bhallahift % water right from one race into another, to the prejudice of any existing right. 5. Sufficient Supply op Water. — If the water flowing in any creek' or river is insufficient to supply all the races connected therewith, the owner of any right Bhall, on receipt of a written notice from the owner of a superior right, stat : ng that the supply of such superior right is less than he is entitled to, immediately cease to usa the water or such portion thereof as may be necessary to make up the supply of the superior riifht. 6. Water Gauge.— ln the constmction, and for the purposes of these regulations, a head of water shall be held and deemed to be 40 superficial inches of water, to be gauged by a box 12ft long, lOin deep, and 20in wide.' all measured in the clear. The box shall be covered throughout. The upper or entrance end of such box may be left entirely open ; but the lower end, or end of *-xit, shall oe fitted with a bar 2in high affixed to the floor of the box, with a pressure or head-board 6in deep affixed to the top of the box, leaving an aperture of 2in in depth, and of the full width of the box.

(a). If more than one sluice-head of water requires to be gauged, the gauge-box shall be enlarged horizontally to ensure accurate measurement ; but when this cannot be done, owing to natural obstacles, or other sufficient reasons, the gauge-box may be enlarged perpendicularly ; in which case the dimensions of the box must be as follows :—: —

and so on in proportion to any greater number of sluice-neada. (b). The gauge-box Bhall at all times be placed on a level. When water is taken f ram one source only, the supply shall be gauged at the head of the race, or the source of supply ; bat if the race is fed, or supplied in p*rt, by any side stream or streams, the gauge box shall be placed imnn diately below such side stream, or the last side stream.

(c). The velocity of the water above the gauge box shall, if required, be lessened by the construction of a dam bank ; or, by levelling the race for a distance of 30ft, and such velocity shall not exceed an arerage one foot per second in the said 30ft, to gauged by a float. 7. Water not to be Wasted. — Holders of rights shall not allow any water to run to waste ; but such water shall be appropriated to the use of the next holder of a right, according to the dates of their respective registrations.

8. Transfer or Assignment. — The transfer or assignment of any race, or of uny interest therein, shall not affect any right or piivilege attached to such race : Provided that any such transfer or assignment shall have he"n duly registered at the office of the Warden, and a memorandum thereof made upon the back of the oriejinal certiiic ite.

9. Working Ground occupied for Races — Any person desirous of working the ground on which any race or portion of a race is situated, may do so, by first providing an equally good race for the use of the occupier ; or by paying compensation therefor — the amount of such compensation to be determined by Warden and Assessors. But it shall be optional •with the person so shifting the race, either to construct a new race, or to pay the amount of compensation adjudged ; but if he elect to construct a newrace, same to be subject to the approval of Warden and Assessers, in the event of dispute. 10 Tail Water may be used. — Tail water may be used by any person or persons, provided it do not interfere with the proper discharge of tailings.

11. Causing Claims to be Flooded.— No person shall back the water of any creek, river, race, or water-course upon any claim, or otherwise cause any claim to be flooded, either wilfully or by neglect. 12. Marking and Survey ofßaces. — Any person desirous of constructing a head-race for mining purposes, shall place not ces at the head and termination of such race ; and either place notices or pegs along the supposed course of such race, at a distance apart, not exceeding one-fourth of a mle ; and upon licence being granted for such race, the holders thereof shall at once proceed to level the line of such race within 30 days from the date of certificate, unless sufficient proof can be shown to the Warden that such 30 days are insufficient for Buch purpose, and it shall be lawful for the Warden to extend such time.

13. No Person Entitled to Hold more Water than his Race is Capable of Carrying. — If the holders of a license do not construct a race of sufficient capacity to carry, the number of heads registered for, such number of heads over and above what the race is actually capable of carrying shall be deemed to be abandoned, provided that the holder or holders thereof be allowed a

period not exceeding ,six ca-'endai? months,: after their first delirery- fit water from the source, to rfl'-cbnsjfcruct and enlarge tneir head race, so as to carry the number of shiice-heads registered for. v 14. Mxtsr Tail-races' for Mining Purposes. — Where the majority of persons, from ' whose claims water or tailing flow to a common outlet, is desirous of constructing a main tail-race, said majority shall make applica.tion in writing to the Warden, in conformity with form as appended, and. said majority | shall be , empowered to frame conditions, subject to the approval of the Warden, for the construction of such main race by the joint labor, or contributions, of all persons interested in the construction of such tailrace as aforesaid ; and the occupiers of such tail-race may from time to time make orj alter rules for the extension or repairs of such channel, and all such rules or alterations shall be bindng when signed by a majority of persons so occupying the 6ame. 15. Construction of Tail-races for Drainage. — Before any person shall construct a tail-race he shall first proceed by notice in the same manner as is directed in sub-section I. of XXI. of the Goldfields Act, 1866; but such notice shall only require to be posted for seven clear days, at the expiration whereof the Warden shall grant a ce-tificate for the same, provided there be no valid objection thereto. 16. Use of Tail-races fok Drainage. — Any person wishing to use a tail-race may do so, on condition of first paying to the owner of such tail-race a proportionate share of the expense of construction, and such proportionate share of expense, if necessary, shall be decided by arbitration, provided always that the person so using any tailrace snail assist in clearing the same whenever it shall be necessary to do so.

1 7. Flood-races may be carried through claims. — Any person or persons shall be entitled to construct ahead-race, tail-race, or flood-race over, under, or through any claim, provided it do not interfere with the proper working of the' same ; and that compensation shall be allowed for estimated damage, if any ; and such compensation shall, if necessary, be dacided 'by arbitration. 18. Mode in which Arbitration should be Conducted. — In the event of either party demanding the case to be tried by arbitration, an arbiter shall be appointed by either party, in writing ; and an umpire shall be chosen by the arbiters before they shall enter upon the reference ; and such compensation, when ascertained, shall be enforced in the same manner as a judgment of the Warden.

19. Scale of Fee. — For every slnice-head of which a certificate shall be granted, the annual fee of 5s shall be charged ; and the applicant for any water- right shall deposit the total amount of fees chargeable annually on making his application therefor, and if such application is thereafte refused or withdrawn, the said deposit shall be returned, less the fee of five shillings, to be in such cases retained. Provided that no license shall be charged for any tail water until after it has passed into the main creek.

20. Tail-race to be a Portion of Claim, subject to the provisions of section 9. — The holder of any claim requiring or using a tail- race in connection with, his claim for drainage, or for gold washins purposes, shall beprotected in the occupancy of an additional area for the site of such tail-race, not exceeding one mile in length by a width of 30ft for a distance of 60ft from the upper cud of such tail-race, and a width of 12ft for the remaining portion thereof.

21. Ground Sluice Races for Saving Gold. — No person shall be allowed to deposit earth, tailings, or other substances in any ground sluice, or race, unless by the express permission of the person or persons to whom such race belongs.

The only amendments proposed were additions to clause 9, which is printed as finally agreed to. It was moved by Mr Mouat that, in clause 19, the fee should should he 2s 6d, instead of sa. There voted for the amendment — Messrs Mouat, Swyer, Hoyle, and Shannon ; against the amendment — Messrs Lette, Gillies, Gaffney, M'lntyre, and Carr. The amendment was, therefore, lost, and the clause as proposed was agreed to. On the motion of Mr Lette, seconded by Mr Carr, it was agreed that subsections 5, 6, 7, 8, 9, 10, 11, 12, of section 21, of the Goldfields Act, he embodied in the Rules and Regulations."

and the motion was adopted.

rtges OCO© °4) 38 |8 &S|2 ■IS 13 &S fi ? W^ Pk Inches Inches Inches Inches 1 10 6 20 x 2 2 11 5 20 + 4 3 J2 4 20 + 6 4 13 3 20 + 8 5 14 2 20+10 6 15 1 20+12 7 16 0 20 x 14 1 a C? Inches. = 40 = 80 = 120 = 160 = 200 = 240 = 2SO