The Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi.` WEDNESDAY, FEBRUARY 10, 1875.

Thames Star, Volume VII, Issue 1905, 10 February 1875, Page 2

The Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi.` WEDNESDAY, FEBRUARY 10, 1875.

A OASS of some importance was decided in the Warden's Court to-day. A carter was fined for hating been engaged in mining operations without being in posiession of a mineral right. Th* v mining operations" consisted of filling quartz into a dray; and carting the same to a battery for the purpose of being crushed. The information was laid by the Inspector of Miners' Eights,, and arose out of a ease which was heard last week, in which the present defendant was a witness. On that occasion defendant stated that he was paid for filling his dray, and it has now been decided that this act conies within th% term " mining operations," as defined by clause 3 of the Goldmining Districts Act, 1873. The sub-Fection of the Act under which putting quartz into .a dray has been taken to mean " mining operations " reads as follows :—

"Miningpurpose*" and "miningoperations " shall include mining for gold, and' the erection of machinery and the construction of works'connected therewith, and doing of all lawful acti incident or conducive thereto. The latter portion of the clause is taken to be most comprehensive in its meaning, and consequently shovelling quartz into a dray has betn ruled to be a lawful act incident to gold mining. Clause 133 of the G-oldmining Districts Act provides that every person not being the holder of a

miner's right who shall be engaged or employed in mining operations shall! be liable for the first offence to a penalty not exceeding five pounds, and for the second offence to a penalty not less* than five and not exceeding ten pounds. It will be apparent therefore that persons engaged'as carters will be running a risk if they attempt to follow that occupation without a miner's right—that is, if they should «ngage in carting quartz, even thoughx>niy. for a single day. The term " mining operations*' as described. Ijx the Act is a rery comprehensive one, and might be assumed to embrace many other acts outside even carting quarfcz. It is*. one of those indefinite phrases wfiich includes* a great deal, and in which the intention of the enactment is ob« scured. The interpretation put upon it by the Warden is new, but it does not follow that it is erroneous. The question has not been raised before, consequently no necessity has arisen for a decision; but if,acted upon now; and carried out, thore will be a considerable addition to the revenue from miners' riphts fees.