MINING.

Otago Witness, Issue 2358, 4 May 1899, Page 20

MINING.

A proceeding of a novel character took place last week at Waikaka, when BEBUMPTION Mr R. S. Hawkins, warden, OF LAND held an inquiry into a petition FOR addressed to the Minister for iriNiXG. Mines by the Waik.aka branch of the Otago Confederate.l Miners' Association, praying that the Government would resume possession of section ♦5, block XIV, Chatton, or part thereof, urder the provisions of "The Mining Act, 1898." Under this act" provision is made that alienated Crown or Native lands shall be open for prospecting, and shall also be liable lo be resumed by the Crown for mining purposes, and the resumption is to be treated as if the land was taken for a public work. Any person may make written application to the Minister for the resumption of such jand for such purposes, accompanying it vrith a deposit of ±525, and any application to received is. in terms of the act, referred to the warden for inquiry and report. Upon the receipt of the warden's report, it is tho duty of the Minister to determine whether the land should or should not -be resumed :'n whole or in part. There are, however, cerlain exceptions to the land wliich, without the "consent of the owner and occupier, may be resumed. No land is liable to resumption tvhict is used as a garden or which is situated within a town or borough, and is of less area than a quarter of au acre, or which is situated within 100 ft of any building, cemetery, or waterworks. Land which is being mined by the owner or occupier, or pursuant to his lawful authority, in areas which do not exceed

j tho maximum area of a special claim, or j which is being vigorously or continuously j prospected for gold, is also exempt from the ] provisions for resumption. In the Waikaka ' case it was stated,on behalf of the petitioners, ■ that the land which it is desired to have rej sumed had originally been proclaimed part • of a goldfield, and that the present lessee J had obtained it by means of an error on the j part of the Land Board. A letter, dated i the Bth August^lß77, from the Land Boar 4 . to a Waikaka settler, stating that the section ! particularly in question would, as ' reqoln1 mended by the warden, be reserved for mm ling purposes was put in, but it was stated that the eettlers subseqiiently found that , something was being done- to upset this, and < eventually it was ascertained that the Land < Board had granted a lease of the land. On j behalf of the lessee the petition was opposed J on the grounds that the section was owned by the occupier, that the land was under mortgage, and the mortgagees must be protected, and that the occupier had entered j into & contract with a company to mine tha land, and ho would be prejudiced if any part jof it were resumed. Tho warden, who heard j evidence on both sides, did not indicate what I his decision would be, but in terms of the act he will forward his report to the Minister.