MINING.

Otago Witness, Issue 2391, 28 December 1899, Page 18

MINING.

LABOUR CONDITIONS OF THE MINING ACT.

The troublesome words " actual and effective occupation" occurring in the Mining Act in the section that prescribes the labour conditions to which the tenureof a claim is subject have provided a frequent bone of contention in the courts of the goldfields. Their meaning is, however, being gradually narrowed" down by decisions of- the wardens until now we have it decided by Mr M'Carthy at Roxburgh that if a claimholder takes steps to have the pegs maintained during the period of grace between the taking up of the claim and the commencement of operations upon it he has been in occupation of it within the terms of bhe Act. In the case in which this decision was given there were two claima-

nts for a special dredging claim on the Molyueux River. The party ill possession had floated a company for the purpose of working the property, and plans and specifications for the construction of a dredge had been prepared, but beyond this no steps had been taken tJhree days before the expiiy of the period of six months fixed by the warden as the date from the granting of the license wifhhi | winch the construction or acquisition of a dredge should be commenced. The second applicant for the claim then put in an appearance, treating the ground as abandoned, inasmuch as ifc had been unoccupied for a continuous period of one month and that there were no buildings or machinery in existence or in course of construction upon it. On the day before the period of grace first fixed had expired, and two days subsequent to the lodging of tlie second application for the ground, the original holder received an extension of time for another six months within which to commence operations. If, however, the contention that the original applicant had not remained in actual and effective occupation had been sustained, the extension of time would not have availed to save his rights. What, then, is actual and effective occupation? It was argued that some person must, on behalf of the licensee, reside on the claim during some portion of each month. That, however, would be in certain cases an impossible cdndition. There are special dredging claims which consist wholly of river, The warden indulged in some judicial pleasantries in his speculations as to how a person could reside on such a claim. He suggested ti:at the licensee "might employ nymphs in various stages of dress, or, perhaps, undress, to disport themselves in the muddy waters of the rolling Molyneux," but he sadly "reflected that though, " this would " induce a luscious display of physical beauty" it would offer no impetus to the development of the mining industry. If actual and effective occupation does not contemplate residence, however, and the licensee has not complied with the requirements of the Act to commence and prosecute the construction or acquisition of a dredge, what is the meaning of tho words? The warden in the case under notice has concluded that a section of the Act prior to that specifying the labour conditions protects the licensee. This section provides that the boundaries of a claim must bo fixed and kept marked in some distinctive manner, aiad, as the evidence showed that the original holder had caused persons to visit tho claim once or twice a month and maintain the pegs, this was held to be sufficient to constitute actual and effective occupation. It must be admitted that, though this decision may satisfactorily settle this particular case, it does not dispose of the ambiguity connected with IHe use of these words.