THE NEW GOLDFIELDS BILL.

Otago Witness, Issue 1129, 19 July 1873, Page 3

THE NEW GOLDFIELDS BILL.

i. The proposed new Goldfields Bill appearß to be attracting a very considerable degree of attention amongst the miners, This is satisfactory. Defective laws are the inevitable results of popular apathy, It is only when they who are mostly concerned evince sufficient interest in the work of legislation, that suitable provision is likely to be made for their governance. Ths framers of the new Bill have exercised a wise discretion by adhering in the main to the principles of the statutes now and heretofore in foree — enlarging their borders, so to speak, rather than attempting sudden arbitrary alterations. Change is not always reform. With some noticeable exceptions, all that is sound in the Goldfields Acts has been conserved, and sundry amendments and' additions, the desirability whereof has been bought by experience, have been superadded. Especially is this observable with regard to the " miner's right" — a document which, in a recent appeal case, was declared by the Privy Council to confer an indisputable title. It is important that the miners should be clearly informed of the conditions upon which such title can be assured. The Bill, whilst it continues in full force the efficacy of the " miner's rights," by enacting that the holder thereof shall be entitled to take possession of land for mining purposes and for residence, and to take and divert water, &c. , also provides that no person shall forfeit any interest which he may have acquired, " by reason only that he was not at the time he acquired, or became possessed of, or interested therein, or at any time thereafter, the holder of a "|miner's right." The same provision is made applicable to business licenses, and to mining and agricultural leases. But no person will be able to institute proceedings in any Court " in respect of any trespass, encroachment, ouster, or other injury," unless he was the holder of a miners' right at the time of such trespass, *' or until he shall have taken out a miner's right, business or other license, dated of the time," when the right to possession first accrued, " and extending over the whole of the period during which possession shall have continued. " A suiter in such case must also pay a penalty for having mined upon or occupied Crown lands without a right or license, before te can proceed with his action. It will be observed that this only refers to persons instituting suits. There seems to be an omission here ; for, except by inference, similar privileges are not extended to defendants. The general effect is to render possession the primary element of title, and the holding of a miner's right, or business license, a necessary condition in the event of litigation. The absence of some such provision has been the cause of exceptional hardships ere now. The new bill will remedy this in the future ; and the terms upon which it is proposed that non-holders of miners' rights may obtain a legal status are not such as to tempt the possessors of valuable mining property to defraud the treasury. In connection with this subject we may point out an apparent defect in the 16th section, which, empowers holders of miners' rights to take possession of Crown lands, but does not specifically restrict occupation to gold mining districts. The same remark applies to section 18, which not only authorises prospecting and searching "for gold, or any other metal or mineral," but also the diversion and use of water "upon any Crown land." It can scarcely have been contemplated that the privileges conferred by the miners' right should be extended beyond the gold mining districts. Prospecting must of course be carried on outside of any prescribed limits, if new fields are to be discovered ; but continuous mining operations, and the diversion of water, must be confined to such goldfields as may from time to time be proclaimed. Another important feature is the proposal to issue miners' rights for any number of years not exceeding fifteen. This is a step in the right direction. Some time since, when the Assembly were importuned to reduce the export duty, a concession was graciously proffered in lieu thereof, whereby a miner was to be permitted to take out a three months' right for five shillings. It is not too much to say that the miners regarded this as a sorry jest at their expense. They had asked for bread, and were given a stone. The proposed extension of duration will be a boon to the possessors of large claims. And its value is enhanced in the case of mining companies who will be enabled to obtain "consolidated miners' rights." These may be issued in the name of the manager or trustee of a company, on behalf of the shareholders generally. A single document will thus cover the entire claim, and changes in the proprietary will not affect the title, norneces-

sitate the purchase of fresh "rights-" by new shareholders.

Water-races are probably the most permanently valuable properties on the goldfields. The mode by which they may be acquired and lawfully held is therefore a matter of corresponding importance to the mining community. The new Goldfields Bill deals with this subject very completely, but not altogether satisfactorily. In the first place, a grievious mistake has been made in altering the recognised definition of a " sluice-head " of water. The existing water-gauge has been in operation since 1863 throughout New Zealand. It is thoroughly understood by every miner in the Colony. No loss, hardship, or injury has ever resulted from its use ; and it is, therefore, difficult to divine wherefore an innovation, such as is contained in the draft of the new Bill, should have been attempted. The interpretation clause defines "a sluice-head" as meaning "a stream of water capable of discharging four hundred gallons per minute. " How this stream is to be measured is not prescribed. Absolute measurement is, of course, an impossibility. A gauge of some kind must be accepted as the standard of measurement ; and in this matter the Assembly will do wisely if they " let well alone. "' Another palpable defect is the omission of the provision that applicants for water lights shall give notice to any person whose interests may be affected by the diversion of such water. Very serious injury may be inflicted on riparian proprietors, who are at present entitled to such notice, ifc licenses are granted without their having had an opportunity of being made aware of the proposed diversion. Again, there is a salutary provision in the Act of 186G, that two sluice-heads of water shall, if required, be at all times allowed to flow in the natural course of any stream for general use. This it is proposed to omit. The effect of such omission would be almost fatal to the prosperity of the Goldfields. Without water, no new ground could be tested, and once granted away, the chances of ever getting it restored, to the natural channel would be small indeed. It must be conceded that a modification of the present rule is necessary, and such modification might be effected by investing the Wardens with fuller discretionary powers inthe matter. A very beneficial alteration is the proposal to grant water-race licenses for extended periods not exceeding fifteen years ; but the condition attached that the payment for such licenses shall in all cases be one pound per annum, irrespective of the quantity of water, is inequitable. The Victorian Mining Statute makes payment proportional, and that is the only fair mode of dealing with the question. This is a matter in which everyone on the goldfields is more or less interested. It is most desirable that the law should provide for security of tenure. It is equally desirable that payment should be made in proportion to the value and extent of the privilege granted. Another matter to which attention may profitably be directed is the manner in which applications for water-rights are to be decided. If no objection is lodged, the Mining Registrar is to issue a license, as of course. Hitherto the Wardens have exercised discretionary powers whereby they could refuse such application on public grounds, even although no specific objection had been made thereto, they thus acting as stewards of the public estate. It is questionable whether any good will result from the withdrawal of those powers. Again, if an objection should* be lodged the applicant must proceed" judicially by summoning the objector "to show cause before the Warden's Court why a license should not be issued." This process will have the effect of removing applications from the Ministerial jurisdiction of the Wardens, and permit of appeal to the District Court. This will make work for the legal fraternity on the goldfields ; but it will be a 1 very doubtful benefit to the mining community. ; With regard to the conveyance of water races over or through private land, the • present law has been only slightly iuter- ■ fered with. The only perceivable difference is that the report of a qualified 1 surveyor is not insisted upon as a neces- i : sary precedent to the issue of a license. ' In place of an official report, which ; must necessarily have special value, the 1 applicant is to "adduce satisfactory cvi- ; dence that the only practicable course by 1 which such water-race can be carried lies through such land." Or he may produce *■ the consent, in writing, of the land- ! owner. To those who are best acquainted * with the character of the evidence usually ] adduced in such matters, the contemplated alteration will seem but an un3 satisfactory substitute for the surveyor's ' report.

The Press advocates the giving the Vagrant Act " a strong infusion of that great engine of police reform, the cat-o'-nine tails."