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1899. NEW ZEALAND.
GOLDFIELDS AND MINES COMMITTEE (REPORT OF, ON THE MINING REGULATIONS).
Brought up on the 19th October, and ordered to be printed.
REPORT ON THE MINING REGULATIONS. The Goldflelds and Mines Committee, to whom was referred the Mining Begulations gazetted under " The Mining Act, 1898," have the honour to report that, having carefully considered the same, they recommend that the said regulations be referred to the Government with the request that the regulations be amended so as to agree with the copy attached hereto. W. Carncross, Chairman. 19th October, 1899.
Begulations under " The Mining Act, 1898."
Governor. Order in Council. At the Government House, at Wellington, this day of October, 1899. Present: His Excellency the Governor in Council. In exercise of the powers conferred upon him by " The Mining Act, 1898," His Excellency the Governor of the Colony of New Zealand, acting by and with the advice and consent of the Executive Council of the said colony, doth hereby revoke all regulations heretofore made under that Act, and in lieu thereof doth hereby, for the purposes of that Act, make the regulations hereinafter set forth.
REGULATIONS. Interpretation. 1. In these regulations, if not inconsistent with the context, words and expressions shall have the same meaning as in " The Mining Act, 1898 " (hereinafter called " the Mining Act ") : Provided that in so far as relates to prospecting warrants and licenses and mining privileges in respect of water, where the land to which the application relates (not being Native land) is situate wholly outside a mining district, all references to the Warden or the Eegistrar shall be deemed to be references to the Commissioner of Crown Lands of the land district in which the land, or the greater part thereof, is situate. Miners' Eights. 2. A miner's right that does not extend to Native ceded lands shall be in the form numbered 1 or (in the case of a consolidated miners' right) 2 in the First Schedule hereto; and a miner's right that does so extend shall be in the form numbered 3 or (in the case of a consolidated miners' right) 4 in that Schedule, and shall specify the block of Native ceded land to which it extends. I—l. 4a.
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3. Subject to the provisions of the Mining Act relating to Native ceded land, the qualification of a miner's right shall not be necessary in the cases and for the purposes following, that is to say : — In the Case of For the Purposes of (1.) Any officer under the Mining Act ... The exercise of his official functions and powers under the Mining Act. (2.) Any person deriving title to a mining His- title, and the exercise of his rights thereprivilege by transmission, or by under. operation of law (3.) The mortgagee of a mining privilege ... His title as mortgagee, and the exercise of his rights under the mortgage. (4.) The holder of a license for a mining The. exercise of his rights as such holder, and all privilege applications to the Warden or the Court relating to such mining privilege. (5.) A workman, contractor, or tributer in The exercise of his rights, liens, and remedies in respect of a mining privilege respect of money owing to him as such workman, contractor, or tributer. 4. With respect to every person who is by law required to have the qualification of a miner's right, the following provisions shall apply:— (1.) It shall be his duty to produce the miner's right for inspection whenever requested so to do by the Warden, or any Inspector, or Eeceiver, or Eegistrar, or member of the Police Force. (2.) It shall at all times lie on him to prove that he has the necessary qualification by producing the miner's right, or satisfactorily accounting for its non-production. 5. (1.) In every case where the qualification of a miner's right is necessary in order to authorise the doing of any of the things referred to in section 64 of the Mining Act or in these regulations, and any person does any of those things without having the necessary qualification, he shall acquire no right by virtue or in respect of the things so done ; and, if in any civil proceedings before the Warden or the Warden's Court he fails by reason of not having the necessary qualification, costs shall be given against him : Provided nevertheless that at any time he may acquire the necessary qualification in the manner and subject to the conditions following, that is to say : — (a.) He may apply for such and so many antedated miners' rights as would have conferred the necessary qualification if they had been taken out and issued on the ante-dates specified therein. (b.) There shall be payable in respect of each such antedated miner's right the ordinary fee where the date of actual issue is not more than one month later than the ante-date, and in any other case a special fee equal to twice the ordinary fee. (c.) On payment of the requisite ordinary or special fee, the antedated miners' rights shall be issued to him, bearing in each case the date of its actual issue, and also the ante-date; and each such miner's right shall, for the purposes of the Mining Act, and any former Mining Act, operate as if it had been actually issued on the ante-date. (d.) If the application for the antedated miner's right is made in the course of civil proceedings, it shall be made to the Warden before the decision in the proceedings is given, and shall not be issued unless the applicant not only pays the requisite ordinary or special fee, but also either pays or gives satisfactory security for the payment of such of the costs and expenses incurred by all other parties to the proceedings up to the time of the actual issue of the ante-dated miner's right as will be rendered fruitless by reason of such issue; the amount of such costs to be fixed, if necessary, by the Warden. (2.) The foregoing provisions of this clause shall, mutatis mutandis, apply in. the case of a person who, being the holder of a mining privilege under any former Mining Act, has neglected to take out a miner's right as required by such Act. As to Issue of Miners' Bights by Postmasters. 6. (1.) Miners' rights may be issued and paid for at post-offices appointed by the Governor for the purpose, and such payments shall be deemed as valid as if made to a Eeceiver of Gold Eevenue. (2.) Eeceipts arising from the issue of miners' rights at a post-office shall be entered in the post-office cash-book, and treated as part of the balance due on Post Office Account to be remitted By Sub-Postmasters to Chief Postmasters, and by Chief Postmasters to credit of the Post Office Account, and then to be paid to the Colonial Treasurer as goldfields revenue. (3.) Each Postmaster shall enter every payment on a statement-form headed " Eeceipts under 'The Mining Act, 1898.' " The name of the person to whom a miner's right is issued, together with his address, and the number and description of the miner's right so issued, shall be entered in the body of the form. A copy of each statement, containing the foregoing particulars, shall be immediately transmitted by the Postmaster who prepares the same to the nearest Eeceiver- of Gold Eevenue. Prospecting. Prospecting Warrants and Licenses. 7. The application for a prospecting warrant or prospecting license may be in such one of the forms numbered 5 to 7in the First Schedule hereto as is applicable ; and the warrant or license may be in such one of the forms numbered 8 to 13 in that Schedule as is applicable.
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8. In the case of a prospecting license, the applicant, before making his application, shall mark out the ground in the same manner as in the case of a claim, save that the pegs need not bear any distinguishing mark, nor need trenches be cut. 9. In the case of prospecting warrants or licenses relating to Native land, the following provisions shall apply :— (1.) The applicant shall transmit the application to the Minister at Wellington, and at the same time shall forward to him £3 in the ease of a warrant, and £5 in the case of a license, to abide the disposal of the application, and to be applied in or towards payment of license-fee, survey-fees, advertising, and other expenses connected with the application, and shall for the same purpose forward to the Minister such further sums as and when the Minister requests. (2.) The Minister shall, on behalf of the Governor, cause the application to be notified, inquired into, and dealt with as he thinks fit, and for that purpose he may authorise any Warden or other fit person to hear the same and all or any objections thereto. (3.) For the purposes of the last-preceding subclause hereof, the person authorised as aforesaid shall have all the powers and jurisdiction of a Warden, save that in lieu of deciding the application himself he shall report thereon to the Minister. 10. In the case of prospecting warrants or licenses relating to other than Native land, the application shall be dealt with under such of the provisions of section 136 of the Mining Act, and the regulations relating thereto, as are applicable. 11. With respect to the renewal of tunnel prospecting licenses, the following provisions shall a Pp!y : — (1.) The licensee desiring the renewal shall, not more than two months, nor less than one month before the expiry of the current term, make application for the renewal to the Governor, in the case of Native land, or the Warden, in the case of other than Native land. (2.) The application may be in the form numbered in the First Schedule hereto, with all necessary modifications. (3.) The renewal shall not be granted unless the Governor, in the case of Native land, or the Warden, in the ease of other than Native land, is satisfied that all the conditions of the license have been faithfully fulfilled by the licensee during the term next preceding the term of the renewal. (4.) If the renewal is granted, it shall be effected by indorsing on the license the words " Eenewed for one year from the day of , 1 ," under the hand of the Minister on behalf of the Governor in the case of Native land, or under that of the Warden in the case of other than Native land. 12. Every prospecting license, or renewal of a tunnel prospecting license, shall, before the issue thereof, be transmitted to the Eegistrar, who shall register the same, and then issue the same to the person entitled thereto, upon being satisfied that the license- or renewal-fee, and all surveyfees, and advertising and other expenses, have been duly paid. 13. A prospecting warrant shall, whilst it continues in force, confer upon the holder thereof the same non-exclusive right of prospecting on the land to which it relates as by section 67 of the Mining Act the holder of a miner's right is entitled to in respect of Crown land; but, as in the case of a miner's right, so also in the case of a prospecting warrant, the mere fact of his being the holder thereof shall not confer upon him any rights as against any person who takes up a claim on the land, or acquires a license for any other mining privilege in respect thereof. 14. The priority of right which by subsection (11) of section 71 of the Mining Act is conferred upon the holder of a prospecting license shall be exercisable in the manner and subject to the conditions following, that is to say : — (1.) The holder or any other person may at any time apply for a license for any mining privilege in respect of the whole or any portion of the land comprised in the prospecting license, and the Warden, if and when he grants the application, shall cancel the prospecting license : Provided that, if the mining privilege is in respect of less than the whole of the land comprised in the prospecting license, the Warden, in lieu of cancelling the prospecting license altogether, may in his discretion cancel it merely as to so much of the land as is comprised in such mining privilege. (2.) If the application for the mining privilege is made by any other person than the holder of the prospecting license, the application shall not be granted unless the Warden is satisfied that the holder has been notified thereof and does not object thereto, or, if objecting thereto, has not, within ten days after receipt of such notification, himself make application. (3.) If such last-mentioned application is made it shall have priority. Claims. Classes and Subdivisions of Claims. 15. Claims are divided into the following classes, according to size: — (1.) Ordinary claims. (2.) Extended claims. (3.) Special claims. 16. Each class of claims is subdivided as follows, according to the nature of the ground and of the operations : — (1.) Alluvial claims : meaning thereby claims worked in alluvial ground, not being dredging or river claims as hereinafter defined.
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(2.) Dredging claims: meaning thereby claims worked by means of dredges. (3.) Eiver claims : meaning thereby claims worked in the beds or on the banks of watercourses, not being alluvial or dredging claims as hereinbefore defined. (4.) Quartz claims: meaning thereby claims worked on quartz or other reefs, or cement or other deposits, by means of crushing, roasting, or chemical process. (5.) Sea-beach claims : meaning thereby claims on the sea-beach and extending seawards. Form, Area, and Dimensions of Claims. 17. Subject to the specific provisions hereinafter contained relating to specific claims, the form of every claim shall as far as practicable be four-sided, each side being as far as practicable measured in a straight line, and no one side exceeding twice the length of any other side : Provided that, within the limits prescribed by section 76 of the Mining Act, the form and dimensions as specified by this clause may be varied to such extent as, having regard to the circumstances of the case, the Warden thinks reasonable. 18. The area of alluvial claims shall not exceed — (1.) For an ordinary claim, 1 acre if held under license, and 10,000 square feet if held otherwise than under license. (2.) For an extended claim, 5 acres. (3.) For a special claim, 100 acres. 19. The form of dredging or river claims may have relation to the course of the watercourse in which or on the banks of which they are worked, and with respect to such claims the following provisions shall apply : — (1.) For an ordinary claim the area shall not exceed 1 acre, and not more than 3 chains of the course of the watercourse shall be comprised therein. (2.) For an extended claim the area shall not exceed 5 acres, and not more than 15 chains of the course of the watercourse shall be comprised therein. (3.) For a special claim the area shall not exceed 100 acres, and not more than one mile of the course of the watercourse shall be comprised therein, 20. With respect to the area and dimensions of quartz claims the following provisions shall apply :— (1.) For an ordinary claim the area shall shall not exceed 1 acre, and not more than 200 ft. of the length of any supposed reef shall be comprised therein. (2.) For an extended claim the area shall not exceed. 5 acres, and not more than 500 ft. of the length of any supposed reef shall be comprised therein. (3.) For a special claim the area shall not exceed 100 acres. 21. With respect to the area, form, and dimensions of sea-beach claims, the following provisions shall apply: — (1.) The claim shall be bounded on the shoreward side by a straight line, parallel, as near as may be, to the mean frontage-line of the shore at high-water mark, but at no point distant more than 500 ft. above high-water mark ; and on the seaward side by straight lines at right angles to the shoreward line, and extending seawards indefinitely. (2.) For an ordinary claim the area shall not exceed 1 acre, and the length of frontage to the shore at high-water mark shall not exceed 200 ft. (3.) For an extended claim the area shall not exceed 5 acres, and the length of frontage to the shore at high-water mark shall not exceed 500 ft. (4.) For a special claim the area shall not exceed 100 acres, and the length of frontage to the shore at high-water mark shall not exceed one mile. 22. Subject to the provisions of the last-preceding regulation as to form, area, and dimensions of sea-beach claims, every sea-beach claim which is worked by a dredge shall be deemed to be a dredging claim. Marking-out of Claims and other Mining Privileges. 23. The marking-out of a claim or other mining privilege by the person who desires and is qualified to take up the same shall be done by marking the same at the boundaries of the land in manner following: — (1.) At every angle or corner of each boundary-line, or as near thereto as is practicable, there shall be erected pegs of substantial material, standing not less than 2 ft. above the surface of the ground, and being not less than 3 in. square, or, in the case of a round peg, being not less than 3 in. in diameter. (2.) If pegs are not available, there may be used in lieu thereof cairns of stones or mounds of earth, having in each case a height of not less than 2 ft., and a diameter at the base of not less than 18 in. (3.) The direction of the boundary-line on each side of each peg shall be indicated with reasonable clearness by a trench, having a length of at least 5 ft. along the boundary-line on each side of the peg, and a depth and breadth of at least 6 in. : Provided that, if trenches cannot conveniently be cut, the direction of the boundaryline may be indicated by finger-posts, tree-blazing, or in any other manner reasonably sufficient for the purpose. (4.) The pegs, cairns, or mounds shall bear or have affixed thereto some one distinguishing mark. (5.) In the case of a sea-beach claim, it shall not be necessary to mark it out below high-water mark. (6.) In the case of a dredging or river claim which comprises any portion of the bed of a stream, the boundaries of the claim shall extend to both banks of the stream, unless the Warden otherwise authorises.
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(7.) When the boundary of the mining privilege is on the bank or in the bed of a watercourse, then, in so far as it is not practicable to mark such boundary by means of pegs, cairns, mounds, tree-blazing, or trenches, it shall be sufficient if in lieu thereof arrow-headed marks (thus, a) are cut or clearly indicated upon trees, rocks, or other fixed natural objects above high-flood mark at the end of each boundary-line, or as near thereto as practicable, each such arrow-headed mark being not less than 1 ft. in length, and each of the lines composing it being not less than 2 in. broad. (8.) In addition to such arrow-headed marks, there shall also be cut or clearly indicated, at the end of each boundary-line, the distinguishing mark. (9.) In every case where it is not practicable to mark out the boundary on the actual boundary-lines, the marks actually used shall also bear or have affixed thereto a notification indicating with approximate correctness the situation of the actual boundary-lines, and their distance from such marks. (10.) In the case of a race it shall be sufficient if it is marked out, not at the boundaries, but at the starting-point, the terminal point, and at intervals of not more than 500 yards along the proposed course of the race, and also (in the case of a water-race) at each point of intake. (11.) In the case of a tunnel it shall be sufficient if it is marked out, not at the boundaries, but at the starting and terminal points. (12.) In the case of a tramway or road it shall be sufficient if it is marked out, not at the boundaries, but at the starting and terminal points, and also at intervals of not more than 500 yards along the proposed course of the tramway or road. Applications in Eespect of Mining Privileges. 24. For the purposes of section 136 of the Mining Act, but subject to the specific provisions elsewhere contained in that Act or these regulations with respect to specific applications, the following general rules, in so far as they are applicable, shall be observed with respect to every application to the Warden under that section : — (1.) The application may be made in such one of the forms numbered 14 to 19 in the First Schedule hereto as is applicable, or, if none of those forms is applicable, then in such form as the Warden prescribes or authorises, and shall be filed by or on behalf of the applicant in the office of the Eegistrar during office-hours as defined in clause 95 of these regulations. (2.) The application may be transmitted to the Eegistrar's office by post or otherwise, and, in the event of its reaching his office after office-hours, the time of filing shall be deemed to be the hour when the office is next open for business. (3.) If the application is for a claim or other mining privilege requiring to be marked out, it shall be marked out before the application is filed; and unless this rule is complied with the application shall be deemed to be void. (4.) The application shall in every case contain an address for service, which address shall be within the mining district where the mining privilege applied for is situated, and all notices to be served on the applicant shall be deemed to be validly served if served at such address. (5.) When filing the application the applicant shall also lodge with the Eegistrar such number of duplicate originals thereof, being in no case less than three nor more than five, as the Eegistrar requests or the Warden prescribes. (6.) The sums to be lodged with the Eeceiver under subsection (2) of section 136 of the Mining Act, to abide the disposal of the application, shall, according to the nature of the application, be the sums set forth in the Second Schedule hereto, or, in so far as that Schedule does not apply, then such sums as the Warden or the Eeceiver directs:, Provided that, in every case where it appears to the Warden or Eeceiver that the sums so lodged are insufficient, the applicant shall forthwith, after demand in writing by the Eeceiver, lodge such further sum as is specified in the demand ; and if such demand is not complied with the Warden may either postpone or dismiss the application, upon such terms as to costs and otherwise as he thinks fit. (7.) The Warden before disposing of the application shall satisfy himself that the sums lodged as aforesaid are sufficient to pay all fees and other charges in respect whereof the lodgment has been made, and they shall be applied in payment thereof accordingly, and the surplus (if any) shall be returned to the person entitled thereto. (8.) As soon as practicable after the filing of the application and the lodging of the duplicate originals, the Eegistrar shall minute thereon the time and place of hearing appointed by the Warden (such time being not less than sixteen days after the filing of the application. (9.) In every case where the application is for the grant of a special claim comprising more than 20 acres, or of a water-race authorising the diversion of more than ten heads of water, or of a main tail-race, the Warden shall, and in any other case he may in his discretion, but in every case at the applicant's expense, publicly notify the minuted application by advertising a copy thereof not less than twice in one or more newspapers circulating in the district. ' (10.) On the day on which the application is filed, or as soon thereafter as is practicable, the applicant shall notify every person who to his knowledge is in occupation of the land, or any part of the land, comprised in the application, or has any estate or interest therein, or any interest which will be obviously affected by the grant of the application, by posting to him at his last-known place of business or abode a registered letter containing a copy of the minuted application or of the advertisement thereof, or by delivering such copy to him personally.
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(11.) On the day on which the application is filed,, or as soon thereafter as is practicable, the applicant shall post on the ground in a conspicuous position a duplicate original of the minuted application, and shall there maintain the same until the day appointed for the hearing. (12.) Such duplicate original shall be posted and maintained as aforesaid— (a.) In the case of a water-race, at each point of intake, and also at the terminal point; (b.) In the case of a tail-race, a road, or a tramway, at the starting and terminal points; (c.) In the case of a tunnel, at the starting-point. (13.) If any person desires to object to the application he shall, not later than twenty-four hours before the time appointed for the hearing, give notice thereof, by filing in the Warden's office a notice in the form numbered 20 in the First Schedule hereto, and by serving on the applicant a duplicate original of such notice. (14.) At any stage of the proceedings the Warden may require the applicant to furnish a sketch-plan of the land to which the application relates. (15.) In any case where, in respect of any application or objection, the foregoing provisions relating to the time or mode of giving, posting, or maintaining any notice are not duly complied with, the Warden, if satisfied that such non-compliance is not wilful, may in his discretion waive the same, or extend the time, upon such terms as to costs, postponement, and otherwise as he thinks fit. (16.) If in an application to surrender a mining privilege any of the instruments of title have been lost, a declaration of loss, in the form numbered 21 in the First Schedule hereto, shall be made. (17.) The declaration referred to in subsection (17) of section 136 of the Mining Act shall be in the form numbered 22 in the First Schedule hereto. (18.) All applications shall be numbered consecutively by the Eegistrar according to the order of time in which they are filed, and he shall record them in the same order and with the same numbers in a book to be called the " Application Eecord-book." Surveys. 25. Begulations for the time being in force relating to block and section surveys, made under " The Land Act, 1892," shall be deemed to be incorporated herewith, and shall be read and construed, mutatis mutandis, as though they formed part of these regulations, but shall be construed subject to these regulations. 26. Before disposing of any application the Warden in his discretion may order the land to which the application relates to be surveyed, notwithstanding that the area does not exceed 20 acres; and in every case where the land to which the application relates is to be surveyed the surveyor appointed to make the survey shall with all practicable despatch proceed as follows : — (1.) He shall duly and carefully survey the ground, and, after making all necessary inquiries, shall furnish to the Chief Surveyor for approval, and transmission to the Warden, a plan of the ground, together with a report as to — (a.) Its area, boundaries, description, and character; (b.) The likelihood of any watercourse or artificial reservoir within the boundaries being required for, or the feasibility of the same being applied to, public purposes, or the use of miners generally for gold-mining purposes; ' (c.) The cases in which and the extent to which any mining privilege lawfully held by any other person than the applicant is likely to be affected by the grant of the application ; and (d.) Any other circumstances which, in the opinion of the surveyor, should be reported to the Warden to enable him properly to deal with the application. (2.) With the aforesaid plan and report, the surveyor shall also furnish to the Warden a tracing of so much of the general map of the district as will connect the land with at least one trigonometrical station, or, in the absence of such station, then with some fixed point. 27. The following general rules shall apply with respect to surveys:— (1.) If the mining privilege applied for affects or includes any mining privilege, private holding, building, race, or other area, whether held or occupied under the Mining Act or otherwise, the same must be shown on the plan, and full particulars relating thereto must be given in the surveyor's report to the Warden. It is the surveyor's duty to make careful inquiries respecting all claims to prior occupancy, and, if possible, to furnish the names of such occupants or claimants. (2.) Every survey must be connected with a fixed and clearly indicated survey mark already established, such as the corner of a section, the angle of a road, a trigonometrical station, or the corner of a mining claim already surveyed. But whenever, in forest lands, a trigonometrical station is within a quarter of a mile of the mining area under survey, connection with it must be made in preference. (3.) If a former survey is taken as a common boundary, it shall be the surveyor's duty to ascertain that the lines on the ground conform to the recorded bearings and dimensions of that survey. If correct it may be adopted as data for the survey in hand; and, if not, the discrepancy disclosed must be reported to the Chief Surveyor when forwarding plan of survey for his approval. (4.) In the survey of claims every boundary shall be cut throughout, and every corner shall be marked on the ground by trenches, as described in the regulations of the Survey
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Department incorporated herewith ; but in forest lands the trenches may be cut for a length of 3 ft. only. (5.) All previously surveyed mining areas or allotments that may adjoin or be within 5 chains of the land under survey must be shown on the plan, together with the tie-lines used to determine their position. (6.) In all cases the actual boundary-lines of the land surveyed must be measured by the surveyor, unless there be insuperable obstacles in the way. In such cases the course adopted in ascertaining the distance across or through the obstacle, and in prolonging the boundary-line, must be clearly shown on the plan. (7.) When the boundaries are found to interfere with any existing mining privilege, or other survey, the intersections must be carefully fixed, and shown on the plan ; and such other distances must be given as will admit of the relative positions of the different surveys being shown accurately on the district mining plans, and also allow of the exact area being calculated, should it be considered necessary to excise any part from the land applied for. (8.) The surveyor's plan shall show the boundaries as marked out by the applicant, and the position of the pegs or other marks used in the marking-out. (9.) On every angle- or corner-peg used by the surveyor in surveying the land there shall be distinctly cut or burnt the applicant's distinguishing mark, together with, in the cases following, the initial letters of the mining privilege, that is to say : " S.C." for a special claim, "E.C." for an extended claim, " S.S." for a special site, " W.E." for a water-race, " T. 8." for a tail-race, " M.L." for a mineral license. (10.) The traverses in forest lands, required to ascertain the position of the corner-posts put into the ground by the applicants before the actual boundary-lines can be cut, should be altogether avoided, but, if absolutely necessary, must be as few as possible. Tubulations of these, as well as of the block boundaries, observed and measured, showing closures and connections, are to be furnished to the Chief Surveyor, together with the plan. (11.) In surveying water-race areas the surveyor is expected to furnish a plan showing the levels and size of the race. (12.) Care should be taken to show on the plan and note in the report those parts of the race which pass through sold lands, cultivations, areas held under the Land and Mining Acts; and the points where the race intersects other races, roads, tracks, tramways, or any other mining area, or any public or private land, however held, should be clearly defined. (13.) The boundaries and areas to be covered by the water-surface and embankment of a dam should be shown on plan, as well as all leased or sold lands, cultivations, or any other mining area or other land, however held, which the dam, if filled, would interfere with. (14.) In the case of surveys of underground workings, which have to be carried out under the supervision of the Survey Department, special instructions will be issued in each case. (15.) The surveyor's plan shall be drawn to the following scale: — Chains to an inch. Claims or blocks containing 5 acres and under .. .. .. .. .. 2 Claims or blocks from 5 up to 30 acres .. .. .. .. .. .. 5 Claims or blooks from 30 acres upwards .. .. .. .. .. .. 10 Races under two miles in length .. .. .. .. .. .. 5 Races from two miles to five miles in length .. .. .. .. .. 10 Races over five miles in length .. .. .. .. .. .. .. 20 Reservoirs under 2 aores in extent .. .. .. .. .. .. 2 Reservoirs from 2 aores to 20 aores in extent .. .. .. .. .. 5 Reservoirs from 20 acres upwards in extent .. .. .. .. .. 10 (16.) If the scale of 10 chains to an inch for plans of claims or blocks exceeding 30 acres in area be found too small to properly indicate any buildings or other improvements that are on the ground, the 5-chain scale must be used, or enlargements made to show them plainly. (17.) Topographical features, such as mountains, spurs, gorges, rivers, creeks, lagoons, waterfalls, roads, tracks, or other physical features of or affecting the land surveyed, must be shown in full on all mining survey-plans. (18.) The surveys of mining claims or blocks must be plotted on sheets prepared by the department, to which the requisite surveyor's certificate is attached. These forms will be sold to any surveyor on application to the Chief Surveyor or to the Mining Eegistrar of the district. Other mining surveys may be plotted on antiquarian or double-elephant paper, of a size of not less than 18 in. square. (19.) The surveyor will be held responsible for the accuracy of the certificate attached to his plan; and if, on receipt of an official plan from a surveyor, it shall be found deficient in any necessary information, and if the omission be considered to be the result of a want of proper care on the part of the surveyor, he will be called upon to supply the deficiency at his own cost. (20.) No surveyor shall employ more than two field-parties in the field, unless authorised surveyors are placed in charge of such field-parties. (21.) The survey-fees shall, in the case of each survey, be payable according to the following scale:— (a.) Not exceeding 30 acres, 4s. per acre, but not less than £5 ; except in the case of extended claims, as hereinafter provided. (b.) Exceeding 30 acres and up to 50 acres, 3s. 6d. per acre, but not less than £6. (c.) Exceeding 50 acres and up to 100 acres, 3s. per acre, but not less than £8 15s.
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(d.) Exceeding 100 acres and up to 200 acres, 2s. 6d. per acre, but not less than £15. (c.) Extended claims, £2 10s. each. (/.) Travelling-expenses from surveyor's residence, 3s. per mile extra by the cheapest practicable route, one way, provided that such of the travelling-expenses as are incurred for the purposes of two or more surveys shall be equitably apportioned amongst them, and the full scale of travelling-expenses shall, in the case of each such survey, be proportionately reduced. (g.) Bush-cutting, 2s. 6d. per chain extra. (h.) Underground surveys, encroachments, water-races, or other surveys to which the foregoing rates do not apply shall be paid for as follows : Surveyor's fee, £2 for the first day or part of a day, and £1 10s. for each subsequent day or part of a day; labour extra ; mileage as above. (i.) The cost of putting plans on license forms —viz,, 3s. 6d. the set —is included in above fees, and when this is done by the Government that amount will be deducted from final payment. (j.) Where necessary to reduce size of claims, &c, after survey, the cost on above scale must be deposited before survey is made or license issued. (22.) The costs and charges of the survey shall not be payable until the Chief Surveyor furnishes to the Eeceiver a certificate that the work charged for has been satisfactorily done. (23.) Such certificate shall state whether the surveyor who did the work did so as an officer of the Government Survey staff or as a private surveyor. (24.) The costs and charges, when ascertained and payable, shall, in the case of an officer of the Government Survey staff, be paid_ into the Public Account as moneys belonging to the Crown, and, in the case of a private surveyor, be payable as a debt due to him. (25.) The moneys deposited with the Eeceiver in respect of the costs and charges of the survey shall, on the order of the Warden, be applied by the Eeceiver in manner aforesaid, and the surplus (if any) shall on the like order be paid by him to the person entitled thereto. (26.) In the case of a private surveyor, the Eeceiver, if the Warden so authorises, may, out of the moneys deposited as aforesaid, make to the surveyor progress-payments as the work proceeds : Provided that in no case shall such progress-payments exceed half the value of the work done, as certified by the Chief Surveyor. Mining Privileges in respect of Water. Tail-races. 28. It shall be lawful for the Warden, by order in writing, to authorise any person lawfully engaged in mining operations to use or enlarge for the purpose of such operations any tail-race held by any other person (excepting such portion thereof as may lawfully be used as a groundsluice for saving gold), subject to the conditions following :— (1.) That the applicant for the order first pays to the holder of the tail-race a proportionate share of the original cost of the construction of such tail-race, or a periodical payment in advance as a rent for the use thereof; and also (2.) That if it is proposed to enlarge such tail-race, such enlargement shall be at the sole expense of the person applying for the order, and shall be so carried out as not to unduly interfere with the mining operations of the holder of the tail-race; and also (4.) Such other conditions as the Warden thinks equitable. 29. (1.) Where an order pursuant to the foregoing regulation has been made, the person other than the holder of the tail-race so using the same shall at all times, on receiving notice in writing from such holder, forthwith assist in clearing the same whenever it shall be reasonably necessary so to do ; and if such person makes default, it shall be competent for the holder of the race to clear the same and to recover from the person in default his proportionate share of the cost thereof. (2.) The proportionate share of the cost of construction, the amount of the rent, and any dispute between the parties in respect of the premises, shall, if not settled by the parties, be determined by the Warden and two Assessors. 30. All gold discharged into such tail-race shall be the exclusive property of the holder of the tail-race. Main Tail-races. 31. The application for a main tail-race shall specify the person by whom and the terms upon which the race is to be used ; and at any time during the currency of the license the Warden, on application in that behalf, may by order authorise any other person to use the race, upon such terms as to payment for user, contribution for maintenance, and otherwise, as- are agreed on between the parties, or as, failing agreement, are determined by the Warden and two Assessors. Dams. 32. (1.) Before granting any application for a dam the Warden may order the site thereof to be inspected and reported on by any duly qualified surveyor or engineer, and may order the surveyor or engineer to draw up plans and specifications of the dam, which the Warden, if he thinks fit so to do, may submit to the Inspecting Engineer of the Mines Department for his report thereon.
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(2.) After receiving such last-mentioned report, the Warden may from time to time make such orders concerning the construction of the dam as he thinks fit, and it shall be the duty of the licensee of the dam to comply therewith. 33. The cost of such inspection and report, and of preparing such plans and specifications, shall be borne by such person as the Warden may order. 34. The Warden may, either before or subsequently to the grant of any application for a dam, specify a distance therefrom within which mining or other operations shall not be carried on, and may also from time to time vary such specification, on application either of the holder or any other person bona fide carrying or proposing to carry on mining or other operations in proximity to the dam. 35. The Warden may, on the application of any person likely to suffer damage or injury by the unfitness of any dam, order the same to be inspected by any duly qualified engineer or surveyor, and, after hearing the holder of the dam and all parties interested, may make such order for the repair or strengthening of the dam, or otherwise, and upon such terms as to costs and otherwise (including the expenses of the Inspector) as he thinks fit. General. 36. Where any race is so constructed as to cross any stream from which the holder of the race has no license to divert water, and such construction might prejudicially affect the rights of any person, the race shall be well and efficiently constructed either under or over such stream so as not to interfere with the free flow of all the water naturally pertaining thereto, and flowing past the point of intersection. 37. In respect of water-race licenses, the priority of right to water shall, as between licensees diverting water out of the same watercourse, be counted from the precise time of filing the application therefor, which time shall in all cases be recorded in the register: Provided that this clause shall not operate to affect the priority existing in the case of a water-race license granted under the Mining Act in exchange of title under any former Mining Act. 38. (1.) Every water-race license shall have specified therein every point of intake, and no licensee of a water-race shall, without the written order of the Warden (to be applied for as provided in clause 23 hereof), alter any point of intake, or use for diverting the water any other race than the race specified in the license. (2.) Before granting such application the Warden may require all the water which, if it were not diverted, would naturally flow in the watercourse between the said races or points of intake to be gauged for the purpose of determining as nearly as may be the extent to which the volume is increased from natural causes between such races or points of intake, and may require the applicant to surrender as many heads of water as are equal to such increase of volume. 39. The licensee of any mining privilege in respect of water shall not allow any water which he is entitled to divert to run to waste, but, on the contrary, such water shall be bond fide taken, diverted, and used in terms of the license, and not otherwise. 40. Every licensee entitled to divert water from a watercourse shall place a gauge-box in his race within seven days after receiving a written notice so to do from any other licensee entitled to divert water from such watercourse. Where there is only one point of intake the gauge-box shall be placed immediately below such point, but where there are several points of intake the gaugebox shall be placed immediately below the last of such points. 41. Water may be gauged in manner described in the Third Schedule hereto. Timber-cutting Eights. As to Lands available for Timber-cutting. 42. The timber-cutting rights hereinafter provided for shall be exercisable only in respect of timber growing or standing on such lands in a district as are declared by the Governor to be areas within which timber-cutting rights may be granted by the Warden exclusively. As to Holder of Miner's Bight or Mining Privilege. 43. The holder of a miner's right shall, as such holder, and without application to the Warden, be entitled to cut and use for his own domestic purposes, or for the purpose of erecting any building or fence on any mining privilege held by him (but for no other purpose), any timber growing or standing on any available unalienated Crown land open for mining: Provided that the rights conferred by this section shall not be exercisable in respect of— (a.) Land comprised in any mining privilege held by any other person (not being a sawmill license or timber-cutting warrant) ; nor in respect of (b.) Kauri-trees or any such trees as are reserved by the Warden. 44. The rights by the last-preceding clause of these regulations conferred upon the holder of a miner's right shall, in the case of the holder of a mining privilege, be exercisable by such lastmentioned holder in respect of timber (other than kauri or reserved trees) growing or standing on the land comprised in such mining privilege, or, in so far as suitable timber is not obtainable on such land, then on any other available unalienated Crown land open for mining, nevertheless for the .purposes only of his own domestic use, or of the erection of buildings or fences on such firstmentioned land, or the carrying on of his mining operations thereon. Sawmill Licenses. 45. On application in that behalf the Warden may grant any person a sawmill license entitling the licensee during its currency to cut timber (other than kauri-trees or trees reserved by the Warden) growing or standing on the land comprised in the license, and sell or otherwise dispose 2—l. 4a.
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of the same for any purpose, and with respect to such application and license the following provisions shall apply:— (1.) The applicant shall mark out the land in the same manner as in the ease of a claim, but tree-blazing may be used instead of pegs. (2.) The application shall be made aud disposed of under such of the provisions of section 136 of the Mining Act and clause 23 of these regulations as are applicable : Provided that if the land has to be surveyed the Warden may accept as a sufficient survey a sketch-plan by a surveyor, showing appproximately the due measurements and locality of the land, the cost of such survey not to exceed £5. (3.) The area of the land comprised in the application shall not exceed 200 acres. (4.) There shall be payable in respect of the license an annual acreage-rent at the rate of Is. per acre, and also a royalty at the rate specified in the Fourth Schedule hereto in respect of all timber cut pursuant to the license. (5.) The acreage-rent shall be payable as provided by subsection (10) of section 138 of the Mining Act, and the royalty shall be payable on the same days and for the same periods as the rent: Provided that from the amount payable in respect of royalty for any period there shall be deducted so much thereof as is equal to the rent actually paid for such period. 46. When making his application for the license, or at any time thereafter during the currency of the license, the applicant or licensee may in like manner apply to have reserved for him not more than two additional areas not exceeding 200 acres each, adjoining the land comprised in the license, and the Warden may, by certificate under his hand in the form numbered 23 in the First Schedule hereto, reserve the same accordingly upon being satisfied that the sawmill plant referred to in subclause (1) of the next succeeding clause hereof has or will be duly provided and fitted up as therein required, and that in the case of an existing license all its conditions have been duly complied with to date; and with respect to such certificate the following provisions shall apply : — (1.) The certificate shall continue in force for one year, but may be renewed from year to year so long as the license continues in force, and shall ipso facto cease and determine with the license. (2.) There shall be payable in advance in respect thereof, and of each annual renewal thereof, an acreage-rent at the same rate as in the case of the license. (3.) The certificate shall not be transferable apart from the license. (4.) The certificate shall not confer any right to cut timber or otherwise use the same, but at any time during its currency the licensee may exchange his existing license for a sawmill license in respect of the land comprised in the certificate. 47. The conditions subject to which a sawmill license shall be deemed to be granted, and shall be held, shall in every case include the following conditions : — (1.) The licensee shall, within six months after the date of his license, provide and fit up, either upon his sawmill area or on some other site approved by the Warden, a substantial and fully equipped sawmill plant, including all the necessary buildings thereto appertaining; and also shall at all times thereafter during the currency of the license keep such plant in continuous working operation, unless valid and satisfactory reasons can be given to the Warden for any temporary stoppage. (2.) If such plant is not already provided and fitted up when the license is granted, the Warden shall require the licensee to give security to his satisfaction that it will be provided and fitted up within six months thereafter. (3.) If at any time the mill is closed for a longer time than the Warden thinks necessary or reasonable, he may give the licensee notice in writing to resume work within the period (not exceeding one month) named in the notice. (4.) If the licensee fails or neglects to resume and continue the bond fide working of the mill in terms of such notice, the Warden may forfeit the license. (5.) The Warden may require the licensee to use a brand for marking his timber, and to register the same in the Warden's Court. (6.) The Minister, or any local authority, may at any time, without compensation, make roads or tracks through the land comprised in the license, or in any reserved area. (7.) The licensee shall at all times keep full and accurate accounts of all timber cut by him under his license, and permit the same to be inspected at any time by any Inspector, and also shall furnish to the Eeceiver monthly returns showing particulars of all timber cut during the preceding month, together with such other details as the Eeceiver or the Inspector requires. (8.) The provisions of the Mining Act and the regulations thereunder relating to the registration, protection, surrender, forfeiture, and abandonment of mining privileges shall apply to sawmill licenses : Provided that at any time within three months after forfeiture or abandonment the licensee shall be entitled to remove all buildings and plant belonging to him on the land. (9.) Whenever the licensee of a sawmill area obtains a license for a reserved area, the firstmentioned license shall be surrendered and cancelled: Provided that the Warden shall grant him, without fee, the right to use for the purpose of working such reserved area the sites (if any) of any mill, building, or tramway belonging to him on the firstmentioned area. Hand-sawing and Splitting Timber Warrants. 48. On application in that behalf the Warden may grant to any person a warrant entitling him during its currency to cut timber (other than kauri-trees or trees reserved by the Warden)
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growing or standing on the land comprised in the warrant, and sell or otherwise dispose of the same for any purpose : Provided that he shall not be entitled to cut timber for sawmilling purposes except for his own use, and with the consent of the Warden. 49. With respect to such application and warrant, the provisions of subclauses (1) and (2) of clause 45 and subclauses (6) and (8) of clause 47 of these regulations, and also the provisions following, shall apply : — (1.) The area of the land shall not exceed 20 acres. (2.) The term of the warrant shall be either six months or twelve months, and there shall be payable therefor, in advance, in the former case a fee of £3, and in the latter case a fee of £5. (3.) The warrant-holder shall pay the same royalty on railway sleepers as in the case of a sawmill license, and the provisions of subclause (7) of clause 47 hereof (limited, however, to the timber cut for sleepers) shall accordingly apply. (4.) The warrant-holder shall be entitled to construct sawpits and huts on the land, on sites approved by the Warden. Kauri-trees and Trees reserved. 50. The Warden may from time to time reserve trees from being cut: Provided that, except in the case of trees reserved prior to the issue of a license or warrant, no tree on the land comprised therein shall be reserved during the currency thereof. 51. On application in that behalf the Warden may, by order under his hand, authorise any person to cut for any purpose any kauri-tree or reserved tree ; and with respect to such application and order the following provisions shall apply : — (1.) The application shall specify the number, situation, and estimated measurement of the trees applied for. (2.) The Warden shall transmit the application to the Commissioner of Crown Lands of the land district in which the trees are situated for his report thereon, and estimate of the measurement and value of the trees, and shall not grant the application until he has received and considered the report of the Commissioner. (3.) There shall be payable in advance in respect of the trees for which the order is granted such sum as is agreed on, being in no case less than £1 ss. for each tree, nor less than 6d. per hundred feet superficial measurement of the trees before cutting. Limitation as to Timber-cutting Bights. 52. The rights by these regulations hereinbefore conferred in respect of timber shall not be exercisable, nor shall any license, certificate, warrant, or order thereunder be granted, in respect of— (1.) Lands set apart as forest lands under " The New Zealand State Forests Act, 1885 " ; nor in respect of (2.) Lands comprised within the authorised area as defined in the contract made by Her Majesty and the Midland Eailway Company (Limited), dated the 3rd August, 1888, excepting such portions thereof as have been duly set apart for mining purposes pursuant to that contract; nor in respect of (3.) Lands set apart by the Governor as areas within which timber-cutting rights may be granted by the Land Board exclusively. 53. Every license, certificate, warrant, or order in respect of timber granted under the foregoing regulations shall be deemed to be granted and shall be held subject to the exercise by the holder of a miner's right or mining privilege of the rights conferred upon him by clauses 43 and 44 hereof, and subject also to the power of the Warden to grant mining privileges (other than timber-cutting privileges) in respect of the land to which such license, certificate, warrant, or order relates : Provided that the Warden, when granting such mining privilege, may impose such reasonable conditions as, whilst not unduly hampering the holder of such privilege in the exercise of his rights, will afford reasonable facilities for the carrying-on of the timber industry. 54. Subject to the provisions of the two last-preceding clauses hereof, the power hereinbefore conferred upon the Warden to grant licenses, certificates, warrants, or orders for timber-cutting may be exercised by him in respect of land comprised in any other mining privilege. Tramways. 55. (1.) In every case where the proposed course of a tramway crosses or runs along a road or street, the provisions of section 165 of the Mining Act shall, mutatis mutandis, apply. (2.) The holder of a license for a tramway shall not be entitled to carry on the tramway passengers or goods for hire except at such scale of fares and freight, and subject to such provisions for the safety of life and property, as have been submitted to and approved by the Minister. Miscellaneous Mining Privileges. 56. In addition to the mining privileges specifically mentioned in sections 91 and 126 of the Mining Act, licenses may be granted for mining privileges of any of the following descriptions: — (1.) Branch races, for the distribution of water already diverted by means of a race ; (2.) Flood-races and by-washes, for the carrying-off of flood or surplus water; (3.) Diversion of streams ; (4.) Tunnels, roads, and bridges ; and
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(5.) Such other descriptions of mining privileges, in respect of water or land as the Warden thinks necessary for facilitating mining operations, or effectuating the purposes of the Mining Act. 57. The terms and conditions upon which the aforesaid mining privileges may be granted, and shall be deemed to be held, shall in every case include such terms and conditions, not inconsistent with the Mining Act and these regulations, as the Warden thinks fit to impose when granting the licenses. Surrender for Purposes of Exchange. 58. With respect to the surrender of title for purposes of exchange under section 128 of the Mining Act, the following provisions shall apply : — (1.) The application need not be publicly notified unless the Warden otherwise directs. (2.) The consent of the Minister, under subsection (24) of section 136 of the Mining Act, to the corresponding mining privilege shall be necessary in the cases therein mentioned. (3.) The license for the corresponding mining privilege shall be in the ordinary form, with the addition of a memorandum to be noted or indorsed on the license under the hand of the Warden and the seal of the Court, specifying— (a.) The fact that the license is issued in exchange for a surrendered mining privilege, and the name, description, and registered number of the surrendered privilege ; (b.) The priorities, encumbrances, liens, and interests referred to in subsection (8) of section 128 of the Mining Act. Amalgamation of Claims. 59. The provisions of the last-preceding clause of these regulations shall, mutatis mutandis, apply in the case of amalgamation of claims under section 129 of the Mining Act: Provided that before granting the application the Warden shall be satisfied that there has been expended in mining operations on each of the claims not less then £10. Eenewal of Licenses for Mining Privileges. 60. Subject, in the case of tunnel prospecting licenses, to the provisions of clause 11 of these regulations, the following provisions shall apply with respect to the renewal of licenses for mining privileges :— (1.) The application for the renewal may be in the form numbered in the First Schedule hereto, and shall be filed in the office of the Eegistrar within not more than two months nor less than one month before the expiration of the current term by effluxion of time, but need not be notified or advertised. (2.) The renewal shall be effected by issuing a fresh license in the ordinary form, expressed on its face to be issued in renewal of the former license, and with the same priorities, and subject to the same encumbrances, liens, and interests. Eegistration of Mining Privileges and of Instruments affecting the Same. Begister, and Begistration Office. 61. (1.) The register shall be in the form numbered in the First Schedule hereto. (2.) The register may be divided into parts as follows : —Part I. : Claims. Part II.: Waterrights. Part 111. : Business-site licenses. Part IV. : Eesidence-site licenses. Part V. : Specialsite licenses. Part VI. : Mineral licenses. Part VII. : Miscellaneous. And registrations may be effected accordingly, nevertheless without affecting the numerical sequence of the instruments registered. 62. Every register existing at the time of the coming into operation of the Mining Act shall so continue, but no fresh registrations shall be recorded therein; and in every case where, in any new register opened under the Mining Act, any registration relates to any mining privilege, or interest therein, already registered in such existing register, the Eegistrar shall, by note on the allotted folium of the new register, give such reference to the registration in the said existing register as will afford reasonable facilities for search. 63. (1.) The office of registration of a mining privilege granted under the Mining Act shall be the office of the Eegistrar to whom the same is transmitted by the Warden for registration and issue, as provided by section 141 of the Mining Act. (2.) The office of the Eegistrar shall in every case be the office of the Warden's Court. (3.) In the case of mining privileges granted by the Warden prior to the coming into operation of the Mining Act, but not then registered, the office of registration shall be the office of the Eegistrar at the Courthouse where the same was granted. (4.) The office of registration of every ordinary claim held otherwise than under license shall be the office of the Eegistrar fixed by the Warden for the registration of such claims in the locality in which the claim is situate. (5.) The office of registration of every transfer or other instrument affecting any mining privilege shall be the office where the mining privilege itself is registered. 64. The registration of an instrument shall not be deemed to be invalid by reason merely of being effected in the wrong office, unless the Warden is satisfied that it has resulted in deceiving any person, and thereby actually prejudicing his rights. Mode of Begistration of Instruments. 65. In the case of each register all instruments shall be registered in the order in which they are deposited with the Eegistrar for registration, and shall be numbered consecutively in the register, commencing with the number 1.
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66. For the purpose of the last-preceding clause hereof, an application under clause 70 or 71 hereof shall be deemed to be an instrument. 67. In every case the instrument registered, or a duplicate original or certified copy thereof, shall be retained and filed as a record by the Eegistrar, and for that purpose the instrument deposited for registration shall, where necessary, be accompanied by such duplicate original or certified copy. 68. (1.) The registration of an instrument shall be effected by entering in the register on an allotted folium thereof the particulars specified in the aforesaid form No. 24, or such of them as are applicable, and also by indorsing on the instrument (and on the filed duplicate or copy, if any) a memorial under the hand of the Eegistrar setting forth the registered number of the instrument, the office of registration, and the precise time of registration (being the date and hour at which the instrument was deposited with the Eegistrar for registration). (2.) Such memorial shall, without proof of the Eegistrar's signature, be received in all Courts as evidence that such instrument has been duly registered. 69. If the instrument deposited for registration is a transfer of a mining privilege, or of any interest therein, then in the former case the license (if any), and in the latter case the document of title to such interest, shall (except where its production is dispensed with as hereinafter provided) be produced to the Eegistrar, who when registering such instrument shall indorse on such license or document a memorial under his hand setting forth the registered number of such instrument, its nature (e.g., " Transfer by way of sale," " Mortgage," or as the case may be), the office of registration, the names of the parties, and the precise time of registration : Provided that such production may be dispensed with by the Eegistrar in any case where, having regard to the circumstances, he thinks fit so to do; and in such case he shall enter in the register a note of the fact, and that the memorial has not been indorsed on the license or document. Special as to Mining Privileges held otherwise than under License. 70. With respect to the registration of mining privileges held otherwise than under license, whether acquired under the Mining Act or any former Mining Act, the following special provisions shall apply : — (1.) The holder who desires to register such mining privilege shall deposit with the Eegistrar an application in that behalf in the form numbered in the Frst Schedule hereto. (2.) If after inquiry the Eegistrar is satisfied as to the facts, he shall register the mining privilege in manner hereinafter provided ; but if he is not so satisfied he shall refer the application to the Warden, who shall decide the matter after making such investigation as he thinks necessary. (3.) Begistration shall be effected in manner prescribed by clause 65 of these regulations : Provided that the therein-mentioned memorial shall be indorsed on the application, which shall be retained and filed by the Eegistrar ; and also that the precise time of the registration shall be the date and hour at which the application was deposited. (4.) Having registered the mining privilege, the Eegistrar shall issue to the applicant a certificate of registration in the form numbered in the First Schedule hereto. (5.) The provisions of clause 67 of these regulations, relating to the production of a license for the purpose of indorsing thereon a memorial of every registered transfer of the mining privilege to which the license relates, or of any interest therein, shall, mutatis mutandis, apply to every certificate of registration, whether issued under the Mining Act or any former Mining Act. (6.) In the event of the holder of the mining privilege applying for and obtaining the grant of a license therefor, he shall deliver up the certificate of registration to the Eegistrar, who, before issuing the license, shall file the certificate, and note thereon, as also in the register, the fact that the certificate has been superseded by the license. Special as to Liens on Mining Privileges. 71. With respect to the registration of liens on mining privileges, the following special provisions shall apply:— (1.) The lienee who desires to register his lien in the Warden's Court, as prescribed by section 171 of the Mining Act, shall deposit with the Eegistrar an application in that behalf in the form numbered in the First Schedule hereto. (2.) The registration of the lien shall be effected by entering in the register, on the folium allotted to each registered mining privilege to which the lien relates, or, in the case of an unregistered mining privilege, on an allotted folium, the word "Lien," together with the registered number, the precise time of registration (being the date and hour at wliich the application was deposited) and the following particulars as appearing in the application, that is to say : The name of the lienee, the capacity in which he claims (e.g., as wages-man, sub-contractor, contractor, or partner), the amount of the lien, and, in the case of an unregistered mining privilege, the name and situation of such privilege, and the name of the holder thereof. (3.) The Eegistrar shall also file the application, and indorse thereon, under his hand, a memorial of the registration of the lien, the office of registration, and its registration number as appearing in the register. (4.) The notice of the registration of the lien to be posted by the Clerk to the holder of the mining privileges affected thereby may be in the form numbered in the First . Schedule hereto. (5.) The discharge of a lien may be effected by instrument of discharge in the form numbered in the First Schedule hereto.
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(6.) The instrument of discharge shall be signed by the lienee, or if the discharge is by order of the Warden, then by the Warden. (7.) The instrument of discharge shall be registered in every case where the lien itself has been registered. General as to Begistration. 72. No instrument shall be deposited with the Eegistrar for registration, nor shall any application for registration be deposited with him, except at his office, being in every case the office of the Court, and during office-hours as defined in clause 95 of these regulations. 73. No Eegistrar shall register any mining privilege or lien, or any instrument purporting to transfer or to in any way deal with or affect any mining privilege, except in manner provided, by the Mining Act and these regulations. 74. No Eegistrar shall register any instrument liable to stamp duty unless the instrument purports to have been duly stamped, but in no case shall any registration be invalidated by reason of any error in this respect. 75. In any case where any mistake is made-by the Eegistrar in any entry in the register, or in any memorial, he shall rectify the same by a new entry or memorial in such form as may be convenient, specifying the day and hour of the rectification, but not erasing or obliterating the erroneous entry or memorial; and for the purpose of such rectification he may require any person to produce any document in his possession. 76. Upon payment of the fee of 6d. per folio of ninety words or any part thereof, the Eegistrar shall furnish to any person applying for the same a certified copy of any registered instrument; and every document purporting to be certified under the hand of the Eegistrar and the seal of the Court as a certified copy of a registered instrument shall, without proof of his signature, be received in evidence for all purposes for which the original instrument might be put in evidence. 77. There shall be payable in respect of the registration of any instrument a fee of Is. for each separate registration entry in the register, and in respect of every search of the register a fee of Is. 78. The register may be searched as aforesaid at any time during office-hours. Index-books. 79. In addition to but separate from his register, the Eegistrar shall keep a numerical indexbook, a nominal index-book, and a water-rights index-book. 80. The numerical index-book shall be in the form numbered in the First Schedule hereto, and shall contain, in numerical order of registration as appearing in the register, the specified particulars of all registrations effected after the coming into operation of the Mining Act. 81. The nominal index-book shall be in the form numbered in the First Schedule hereto, and shall contain, in alphabetical order of surnames of grantors or transferors, as appearing in the register, the specified particulars of all registrations effected after the coming into operation of the Mining Act: Provided that in any case where, in respect of any registration, the number of grantors or transferors exceeds one, it shall be sufficient if the nominal index-book contains the name first appearing in the register, together with the words " and another," or "and others," as the case may be. 82. The water-rights index-book shall be in the form numbered in the First Schedule hereto, and shall contain the specified particulars of all water-rights registered after the coming into operation of the Mining Act in respect of each specified stream in the district. 83. The index-books shall be compiled from the register, and any person entitled to search the register shall, without further fee, be entitled to search the index-books. Labour Conditions. Prescribed Number of Workmen. 84. For the purposes of section 85 of the Mining Act the number of workmen to be employed by the holder of a claim in mining operations shall be in the proportion of not less than one workman for every complete 6 acres of the area of the claim during the first year, computed from the date on which by that section the operations are required to be commenced ; one workman for every complete 4 acres during the second such year ; and one workman for every complete 3 acres thereafter: Provided that at no time shall the number so employed be less than one in the case of an ordinary or extended claim, and two in the case of a special claim : Provided further that, in the case of a claim the title whereto is surrendered for purposes of exchange or amalgamation, the minimum number to be employed shall be computed from the date on which the claim was originally taken up. 85. In every case where the holder of a claim alleges that, under subsections (1), (3), or (4) of section 86 of the Mining Act, he is entitled to employ less than the prescribed minimum number of workmen, it shall lie on him to establish the facts to the W ar den's satisfaction, and for that purpose he shall, in addition to other evidence, furnish such sworn returns as to workmen employed, capital expended, and otherwise as the Warden thinks necessary. Certificates of Beduction. 86. The application, under section 85 of the Mining Act, for authority to employ less than the prescribed minimum number of workmen may be in the form numbered in the First Schedule hereto, and with respect to the application the following provisions shall apply:— (1.) The application need not be publicly notified by advertisement unless the Warden otherwise directs.
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(2.) The application may be granted in whole or in part, as the Warden in his discretion thinks fit, and, if granted, shall be granted by certificate of reduction in the form numbered in the First Schedule hereto. (3.) The certificate shall be registered in the same manner as in the case of a certificate of protection. 87. When disposing of any application for a certificate of reduction, the Warden, for the purpose of determining the extent to which the prescribed number of workmen should be reduced, and the period for which the reduction should be granted, shall not confine himself to merely temporary exigencies, but shall have regard to all the circumstances fairly affecting the matter, including, in the case of a claim to be worked by hydraulic sluicing, the following considerations: — (1.) The nature and extent of the claim-holders' water-supply, the cost of procuring it, and the date when it will be fully available. (2.) The number of workmen that can be reasonably and advantageously employed, having regard to the nature of the ground and the extent of the water-supply. (3.) The extent, if any, to which the proposed reduction, or the period for which it may be granted, would lock up ground that otherwise might be reasonably and advantageously worked. General Provisions as to Mining Privileges. 88. The terms, conditions, reservations, and provisions subject to which every mining privilege may be granted and shall be deemed to be held shall in every case include the following:— (1.) Every officer or person acting in the administration of this Act, or authorised by the Minister, the Warden, or an Inspector, shall at all times have full and free right of ingress, egress, and regress in respect of the land comprised in such mining privilege, and the mines and mining-works thereon. (2.) If default for thirty days is made in the full and punctual payment of any rent, royalty, license-fee, or other money payable to Her Majesty in respect of any mining privilege, the Eeceiver or any person authorised by him may at any time thereafter, without any previous or other notice or demand, enter on such land, mines, and works, or any of them, and distrain all or any machinery, tools, goods, chattels, and other effects of the licensee there found (excepting nevertheless tools of trade and other personal effects to the total value of £25), and may sell the same, in such manner, at such prices, and on such conditions in all respects as he thinks fit. (3.) Such sale may be effected either on the land or elsewhere, and to that end the effects distrained may be removed. (4.) Not less than three days' previous notice of the time and place of the sale shall be given by advertisement in a newspaper approved by the Warden. (5.) All moneys received in respect of such sale shall be applied in or towards payment—first, of the costs and expenses of the distraint, removal, and sale, such costs to be fixed and assessed by the Warden in case of dispute; secondly, in or towards payment of the rent, royalty, license-fee, or other money in respect whereof the distraint was made; and the surplus, if any, shall be payable to the licensee or other the person entitled thereto. (6.) The foregoing right of distraint, removal, and sale may be exercised irrespective of and without prejudice to any other right, remedy, or power conferred by the Mining Act in respect of the non-payment of rent, royalty, liccense-fee, or other moneys payable to Her Majesty under the license. (7.) Except in so far as otherwise specially provided by the Mining Act, the holder of a minino privilege shall not, as such holder— (a) Have any riparian rights in respect of any watercourse on or adjoining the land comprised in the mining privilege; nor (b.) Have any right or remedy whatsoever against any person in respect of the discharge of tailings, debris, or waste water into such watercourse by such person in the lawfully carrying-on of mining operations by him under the provisions of the Mining Act; nor (c.) Have any right or remedy whatsoever which would prevent any person from freely using for the purpose of transit any natural waterway on or adjoining the minino privilege, but so nevertheless that such user does not unduly interfere with any mining operations lawfully carried on in the waterway by the holder of the mining privilege, and also that where such operations are carried' on by means of a dredge, and such user cannot conveniently be exercised without removing the dredge or its mporings, the holder of the mining privilege shall remove the same with all reasonable diligence, and at his own cost in all things. (8.) The Warden may at any time authorise any Inspector, Assessor, or other person to enter on any mining privilege, or the buildings or works thereon, for any specified purpose. (9.) Except in the case of a prospecting license, the term of every license for a mining privilege shall be so fixed as to expire on the 31st day of December. 39. Except where authorised by the Mining Act or these regulations, or the order of the Warden, no person shall— (1.) Deposit any earth, stones, tailings, or other substance in the bed of any watercourse so as to obstruct the flow of water therein to the injury of any other person; nor (2.) Damage or otherwise interfere with any mining privilege held by any other person, or the buildings, works, or machinery thereon; nor (3.) Deposit upon any mining privilege, other than his own, any earth, stones, tailings, or other substance; nor
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(4.) Back the water of any watercourse upon any mining privilege other than his own, or otherwise cause the same to be flooded or injured; nor (5.) Eemove from any workings any props, timber, or other structures, so as to endanger the claim or rights of any other person ; nor (6.) Allow any timber which he has felled to remain for more than twelve hours upon or in any road, street, path, or watercourse, or upon any land other than his own. 90. Where the owner of a mining privilege discharges or deposits tailings therefrom outside the boundaries of his claim or special site, his right to such tailings shall be deemed to be abandoned. Additional Provisions for the Safety of Life and Property in connection with Mining Operations. Additional General Bules. 91. In addition to the geLeral rules prescribed by section 206 of the Mining Act, the following general rules shall, as far as practicable, be observed in every mine : — (1.) The extent of ventilation to be prescribed under subsection (1) of section 206 of the Mining Act shall be at the rate of not less than 100 cubic feet of air per minute for every person, and 150 cubic feet of air per minute for every horse, whilst employed underground: Provided that in any case where the Inspector is satisfied that the aforesaid rate is insufficient or more than sufficient for the purpose of providing adequate ventilation, either throughout the underground workings generally, or in any specified portions thereof, he may from time to time require such rate to be increased, or authorise it to be diminished, to such extent as in the circumstances he thinks reasonable. (2.) In any case where the Inspector is of opinion that, by reason of the use of timber or other inflammable material in a mine, there is risk of fire, he may require the holder of the mine to provide such number and description of smoke-protectors as the Inspector thinks necessary, having regard to the nature and extent of the workings and of the risk. (3.) If inflammable gas has been found in the mine within the preceding twelve months, a station or stations shall be appointed at the entrance to the mine or to different parts of the mine, as the case may require, and no workman shall pass beyond any such station until the mine, or, as the case may be, the part beyond such station, has been cleared from gas, and been inspected and ascertained to be safe. (i.) Such inspection shall be made within two hours before the time fixed for the commencement of work. (5.) A printed copy of the foregoing general rules shall at all times be kept posted in the office, and on some building or board in a conspicuous place in connection with every mine, and shall be renewed as often as the same is torn or defaced. (6.) Subsection (46) of section 206 of the Mining Act (relating to offences) shall apply to the foregoing general rules. Special as to Dredges. 92. The following special rules shall be observed in the case of every dredge used for mining purposes : — (1.) Every dredge used for mining purposes shall be kept provided with safety appliances as follows: — (a.) A life-buoy, a light line, and a boat-hook, near the bow of the dredge. (b.) A life-buoy, a light line, and a boat-hook, near the stern of the dredge, (c.) A boat containing a light line and a boat-hook. (2.) In every case where the Warden or Inspector notifies the owner or manager of the dredge that the stream in which it is worked is deep or swift-flowing, then, in addition to the foregoing appliances, the dredge shall be kept provided with not less than two boats, each of which must be furnished with a life-buoy, a light line, and a boat-hook. Lifebelts shall also be provided, and each member of the crew of any boat shall wear a lifebelt when engaged in shifting the mooring-lines of the dredge. (3.) All safety appliances shall be kept in conspicuous places within easy reach, and when damaged or lost shall be immediately renewed. (4.) The well-hole of every dredge shall be fenced or covered over as far as is reasonably practicable, and where such fencing or covering is not practicable a movable gangway of not less than 2 ft. 6in wide, and fitted with a substantial handrail at each side, shall be provided and used by persons for crossing the well-hole. (5.) No person shall step on the buckets or chain when in motion. (6.) All exposed gearing, belting, or machinery shall be kept fenced to the satisfaction of the Inspector. (7.) On any dredge which is not entirely covered in, the sides of the uncovered portion of the hull shall be fitted with .stanchions not more than 8 ft. apart, and also with two substantial handrails or tightly-stretched wires or chains, the lower rail, wire, or chain not being more than 10 in. above the deck, and these may be made movable for the purpose of taking coal and material on board the dredge, but shall be kept in position at all other times. (8.) Every dredge working close to a bank shall be provided with a gangway not less than 2 ft. 6 in. wide, and of sufficient length to reach from the dredge to the bank. Such gangway shall be provided with a substantial handrail at each side, and be secured to the deck of the dredge.
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(9.) All the aforesaid safety appliances shall be subject to the approval of the Inspector. (10.) A printed copy of the foregoing special rules shall be kept posted in a conspicuous place on every dredge, and shall be renewed as often as the same is torn or defaced. (11.) It shall be the duty of the owner and manager of the dredge to faithfully comply with the foregoing special rules, and if they fail or neglect so to do they shall be severally guilty of an offence. General. 93. Any requirement, order, or direction of the Inspector under the aforesaid section 206, or these regulations, may be made in writing under his hand addressed in general terms to the person in charge cf the mine or dredge, and delivered at the mine or dredge ; and it shall be the duty of the owner and manager to faithfully comply therewith. Begistration of Appliances and Processes for Treating Ores and Metals. 94. A machine license issued pursuant to section 226 of the Mining Act may be in the form numbered in the First Schedule hereto ; and the machine register-book mentioned in subsection (1) of section 229 of the said Act may be in the form numbered in the same Schedule; and the monthly return mentioned in subsection (11) of the said section 229 may be in the form numbered in the same Schedule. Warden's Court. Office-hours. 95. (1.) The office of the Court shall be open to the public every day from 10 a.m. to 1 p.m., and from 2 p.m. to 4 p.m., except on Saturdays, Sundays, and holidays. On Saturdays the office shall be open to the public from 10 a.m. to 12 noon, and on Sundays and holidays the offices shall be closed all day : Provided that when the Clerk has to attend more offices than one he shall keep his office open on such days and hours as the Warden from time to time appoints. (2.) A notice of the office-hours shall be kept posted in some conspicuous place in and outside the office. Holidays. 96. The following days shall be holidays in the Warden's Court and the office thereof, that is to say : the days from Good Friday to Easter Tuesday (inclusive); the days from Christmas Eve to 3rd January (inclusive) ; the birthday of the reigning Sovereign ; the birthday of the Prince of Wales ; and in each district the anniversary of the foundation of its province. Minute-book, Plaint-book, and Becord-book. 97. The Clerk shall keep a book, to be known as the minute-book, in which shall be entered minutes of all interlocutory proceedings and of all temporary appointments, whether of officers pursuant to the Mining Act, or of office days or hours pursuant to these regulations. He shall also keep a plaint-book in the form numbered , and a record-book in the form numbered ,in the Fifth Schedule hereto, wherein he shall enter the particulars therein specified. 98. The forms numbered to in the Fifth Schedule hereto shall be the forms for use in respect of proceedings in the Warden's Court, or of documents to be filed or lodged therein ; and if for any such proceeding there is no form prescribed, the Warden may prescribe the form to be used. Fees. 99. The fees specified in the Sixth Schedule hereto shall be payable in respect of the matter therein mentioned, and the allowances to witnesses in proceedings in the Warden's Court or before the Warden in his administrative capacity shall be those specified in the same Schedule. Development of the Mining Industry. Aid to Prospecting Deep Levels. 100. With respect to the assistance which may be given by the Minister towards prospecting deep levels, the following provisions shall apply :— (1.) A " deep level" to prospect quartz lodes shall mean prospecting operations undertaken to prospect auriferous lodes down to a depth of not less than 1,000 ft. below the level of the natural surface of the ground, or such less depth—in no case being less than 750 ft.—as in special circumstances the Minister approves. (2.) A " deep level" in alluvial drift shall mean prospecting operations undertaken to prospect alluvial drifts at a depth of not less than 250 ft. below the natural surface of the ground, where it is necesary to erect pumping machinery to lift not less than 250 gallons of water per minute. (3.) The number of deep levels for the prospecting whereof assistance may be granted shall be confined to three mining districts —namely, one in the North Island, one in the west of the Middle Island, and one in Otago; and not more than one deep level shall be assisted in any such district at one time. (4.) Any person desirous of obtaining assistance for prospecting deep levels shall make application in writing to the Minister, stating the locality and nature of the work proposed to be done. (5.) The application shall be accompanied by a plan of the site of the intended prospecting operations, and a statement in detail showing (a) the mode in which it is proposed to carry on such operations; (b) the amount of money proposed to be expended; (c) the character and value of the machinery proposed to be erected ; and (d) the total amount 3—l. 4a.
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of assistance required. Should mining operations have been previously carried on in the ground proposed to be prospected at deep levels, the applicant shall also state (c) the amount of money already expended on such operations; (/) the character and value of the machinery already erected on the ground ; and (g) the quantity and value of the gold extracted from the mine up to the date of application. (6.) Before any application is granted the applicant must satisfy the Minister that the applicant's proportion of the total amount proposed to be expended is available; and upon being so satisfied the Minister shall, if he deem it advisable, obtain a joint report of two or more qualified officers of the public service as to the probability of the operations proving successful, and that the proposed site is in the best locality for testing the deep levels in the district. (7.) The Minister may grant assistance not exceeding one-half the total estimated cost of the proposed operations, or he may decline to grant any assistance. (8.) Progress payments on account of assistance will be made from time to time as the work proceeds, on the certificate of an Inspector of Mines. Use of Diamond Drills. 101. In further aid of prospecting, the Minister may lend diamond drills for use for boring operations, and for that purpose the following provisions shall apply : — (1.) Every application for the use of a diamond drill and its appliances shall be made in writing to the Minister, showing for what purpose the same are required, and shall contain an undertaking on the part of the applicants, to the satisfaction of the Minister, to make good all damage to the drill and appliances, and all losses of diamonds, to keep the drill and appliances in good order and condition, and to return them to the Mines Department in a perfect state of repair whenever required by the Minister so to do. (2.) If the application is approved by the Minister, the drill and appliances shall be handed over to the applicants, who shall undertake the removal thereof, and also the careful supervision of the boring operations. (3.) A diamond drill shall not be worked except under the direct charge and supervision of a competent foreman holding an engine-driver's certificate. (4.) Such foreman shall be paid by the applicants, but shall be approved by and be under the control of the Minister, who may remove or dismiss him if in the Minister's opinion he works the drill or appliances in an improper manner, or is guilty of any misconduct in the performance of his duties, or his services are no longer required. (5.) The applicants shall defray the cost of all necessary renewals and repairs, and of the working and removal of the drill and appliances. (6.) The Minister may allow the use of the drill and appliances free of rent, charges, &c, and may subsidise the persons employing the same in connection with prospecting for gold at deep levels to the extent of one-half the necessary expenses of renewals, repairs, and working, so long as the drill is employed in prospecting operations and not used for working a mine at a profit; but the cost of all necessary tubing shall be borne entirely by the persons using the drill. (7.) The amount of subsidy shall be based on approved vouchers of expenditure, and any claims for such expenditure may be amended or may be rejected if they appear to the Minister to be excessive or unreasonable. (8.) The payment of subsidy up to the amount of £100 shall be deferred and the money be retained by the Minister until the drill and appliances are returned to the Mines Department, and any portion of the amount so retained shall, on the order of the Minister, be applied in making good any damage to or deficiency in the drill and appliances, and in defraying any expense incurred by the department through any breaches of the conditions on the part of the persons using the drill. (9.) The drill and appliances shall at all times be subject to the inspection and supervision of an Inspector of Mines, or any other qualified person the Minister may appoint; and boring operations shall be suspended or absolutely discontinued, and the drill and appliances shall be removed from the control of the persons using the same, at any time on the order of the Minister. Subsidies for Water-races and Storage Bcservoirs. 102. Assistance by way of subsidy may be granted by the Minister towards the construction of water-races or storage reservoirs, and for that purpose the following provisions shall apply :— (1.) Every application for assistance towards the construction of a water-race or storage reservoir shall be made to the Minister in writing, and shall be accompanied with a plan of the proposed work and an estimate of its cost. (2.) The application shall also be accompanied with a statement showing the source of supply from which it is proposed to take the water, the area and estimated depth of proved, auriferous ground that the proposed work would command, the number of miners actually engaged in carrying on mining operations within such area, and the extra number of miners that could be profitably employed if the proposed works were constructed. (3.) On receipt of such application, plans, and statements the Minister shall cause an examination to be made and a report furnished to him by a qualified officer of the public service as to the extent and character of auriferous ground which the proposed work would be likely to command, the extent to which it would be for the benefit of the majority of the miners in the locality, and generally as to its utility.
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(4.) After receiving such report, and upon being satisfied that the proposed work will be for the benefit of the majority of the miners in the locality, and also that the applicant's proportion of the cost is available, the Minister may grant a subsidy towards the proposed work not exceeding one-third the total cost of construction, or he may refuse to grant any subsidy: Provided that the subsidy shall not be granted until the applicant has supplied to the Minister detailed plans and longitudinal and cross sections of the ground where it is proposed to construct the race or reservoir, together with the dimensions of the channels, the length of tunnels, open ditching and fluming, and other detailed particulars of the proposed work, and a statement in detail of the cost of the proposed work, and the same have been submitted to and approved by the officer who furnished the aforesaid report. (5.) No assistance shall be given in the case of a water-race if the carrying-capacity is less than fifteen sluice-heads of water, nor in the case of a storage reservoir if its storagecapacity is less than 20,000,000 cubic feet of water. (6.) Before any assistance is granted towards the construction of any water-race or storage reservoir the rates to be charged for water therefrom shall be submitted to and approved by the Minister. Subsidies to Local Authorities or Miners' Associations in Aid of Prospecting. 103. In the cases, to the extent, and subject to the conditions hereinafter set forth, the Minister may grant subsidies not exceeding pound for pound in respect of moneys expended by any local authority (being a County Council or, where " The Counties Act, 1886," is not in operation, a Eoad Board) or any miners' association in assisting prospecting operations; and with respect to every such subsidy the following provisions shall apply :— (1.) The local authority or miners' association desiring the subsidy shall make application to the Minister, setting forth in detail its proposed scheme of assistance. (2.) The total amount payable by the Minister in respect of subsidy in any one year shall not exceed, in the case of a County Council or a miners' association, £500, and in the case of a Eoad Board, £300 : Provided that in no case shall any subsidy be payable unless the scheme of assistance is approved by the Minister, and is in accordance with these regulations. (3.) The scheme of assistance may comprise the purchase of boring appliances for use in prospecting operations, or the payment of money to parties of prospectors under the hereinafter mentioned Classes I. or 11. (4.) Under Class I. a subsidy at a rate not exceeding 10s. per week per man may be paid by the Minister in respect of each party of not less than one man nor more than four men whilst prospecting in new ground : Provided that, except where the prospecting operations consist of trenching for lodes or reefs, no subsidy shall be payable unless such new ground is distant at least three miles from any place where within the preceding six months more than ten men have been prospecting or mining. (5.) Under Class 11. a subsidy at the rates and in the cases next hereinafter mentioned may be paid by the Minister in respect of each party of not less than one man nor more than four men whilst prospecting partially worked and prospected ground within reasonably easy access of road-communication. (6.) Such rates and cases are as follow : — (a.) For sinking in dry ground, the shaft being not less than 4 ft. by 3 ft., — s. d. From surface to 15ft. ... ... ... ... 0 6 per foot. From 15ft. to 60ft. ... ... ... ... 1 6 Over 60ft. ... ... ... ... ... 2 0 (b.) For sinking in wet ground where slabbing is necessary, the shaft being not less than 5 ft. by 3 ft.,— Double the foregoing rate, (c.) For prospecting for dredging purposes by sinking shaft in bed of stream, — Double the rate under (b). (d.) For tunnelling and driving through drift or blue reef, the tunnel or drive being not less than 5 ft. by 3 ft., — s. d. Up to 300 ft. ... ... ... ... ... 0 9 per foot. From 300 ft. to 700 ft. ... ... ... ... 1 9 From 700 ft. to I,oooft. ... ... ... ... 2 3 Over, I,oooft. ... ... ... ... ... 3 0 (c.) For tunnelling or driving through hard rock where blasting is necessary, the tunnel or drive being not less than 5 ft. by 3 ft., — For the whole distance ... ... .... ... 3s. per foot. 104. In no case shall any party of prospectors be entitled to assistance from the local authority or association, nor shall any subsidy in respect thereof be payable by the Minister, unless the following conditions are duly complied with : — (1.) The party shall apply in writing to the local authority or association for assistance. (2,) The application shall set out the name and address of each member of the party (being not less than one man nor more than four men), the class of the prospecting, and the locality in which it is to be done. (3.) The application shall be approved both by the Minister and the local authority or association.
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(4.) The party shall send to the local authority or association a monthly report setting forth in detail the value and extent of the work done during the month, and the amount earned by the party. (5.) The work shall be inspected from time to time by a person appointed in that behalf by the local authority or association, and no payment shall be made to the party by the authority or association, nor by the Minister to the authority or association, unless and until the person so appointed has examined the work, and certified that it has been satisfactorily performed, and that the amount to be paid has been properly earned. (6.) The subsidy may be discontinued by the Minister on one month's notice to the authority or association, and in such case the assistance to the party may be discontinued by the authority or association on notice expiring simultaneously with the Minister's notice. (7.) Irrespective of the foregoing provision for discontinuance, the authority or association may discontinue its assistance at any time on one month's notice. 105. (1.) When the subsidy has been paid by the Minister in aid of the purchase of boring appliances, the appliances shall not be lent or sold by the authority or association except with the previous consent of the Minister, and in case of sale a duly proportionate part of the proceeds (having regard to the total cost and the amount of the subsidy) shall be refunded to the Minister on behalf of Her Majesty, and the sum so refunded shall be paid into the Public Account as part of the Consolidated Fund. (2.) In every case where any subsidy has been paid by the Minister in respect of the construction of any shaft, tunnel, or adit-level, the Warden may, upon such terms and conditions as he thinks equitable, grant to any person being the lawful holder of any claim adjacent thereto the right to use the same for the purpose of working the claim. The Board of Examiners and Certificated Mine-managers and Battery Superintendents. The Board. 106. With respect to the Board of Examiners the following provisions shall apply : — (1.) At all meetings of the Board the quorum shall be four, and the Chairman appointed by the Governor shall preside : Provided that if at any meeting the Chairman is absent, the members present may appoint one of their number to act as Chairman at such meeting in his stead, and, whilst so acting, the person so appointed shall have all the powers of the Chairman. (2.) Each member of the Board who is not otherwise employed in any department of the public service shall receive by way of travelling-expenses the sum of £1 lis. for each day's absence from his place of abode for the purpose of attending at a meeting of the Board, including the day of his leaving his place of abode, but not the day of his return thereto. (3.) He shall also be repaid all sums properly expended by him for fares by railway, coach, or steamer in travelling for the purpose of such attendance. Certificates by Examination. 107. The examinations for certificates as mine-managers or battery superintendents shall be held at such times and places as are appointed by the Board, and with respect to such examinations the following provisions shall apply : — (1.) For the better conduct of the examinations the Board may appoint supervisors, with such functions and powers as the Board thinks fit. (2.) Every candidate for a certificate by examination shall, at least one month before the date fixed for the examination, make application in that behalf to the Secretary of the Board at Wellington. (3.) The application may be in the form numbered in the First Schedule hereto. (4.) For the purpose of enabling the Board to determine whether the candidate possesses the requisite practical experience, his application shall specify with sufficient particularity for identification and reference the respective mines in which he has been employed, and the period and nature of his employment therein, including, in the case of a battery superintendent's certificate, the nature of the chemical process used in the mine, and appliances connected therewith. (5.) For the purposes of section 190 of the Mining Act the requisite practical experience of a candidate for a battery superintendent's certificate shall be actual employment for not less than twelve months in the working of the chemical process used in the mine, and of the machinery and appliances connected therewith. (6.) The evidence in writing from previous employers in proof of the nature and extent of the candidate's practical experience, to be supplied to the Board as required by section 190 of the Mining Act, shall be so supplied at the same time as the application is forwarded, or as soon thereafter as is possible. (7.) The subjects of examination for certificates as mine-managers shall consist of four Parts, as follows :— Part 1. — Quartz and Alluvial Workings. (a.) The laying-out and construction of shafts, chambers, main drives or levels, adits, uprises, and stopes. (b.) The timbering of shafts, adits, main drives or levels, passes, stopes, and generally the systems of timbering mines and filling up old workings. (c.) Pumping appliances and the drainage of mines.
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(d.) The haulage in shafts and on underground planes; also the strength of haulage ropes and chains. (c.) The ventilation of mines and composition of gases. (/.) Tapping water in mines, and the mode of constructing dams in underground workings to keep the water back. (g.) Blasting and the use of explosives. (h.) The effect that faults, slides, and mullock-bars have on lodes, and how to ascertain the direction of slides aud heavals. (i.) A knowledge of underground surveying, and of making plans of the underground workings, showing the dip or inclination and strike of the reefs or lodes. (/.) A knowledge of the different rocks where gold, silver, tin, copper, zinc, lead, and antimony are found, and the formation of lodes and leads. Part 2. — Dredging. (k.) The mooring and working of dredges, and the working of appliances required to carry on gold-dredging operations. (/.) The strength of ropes, chains, machinery, and appliances necessary to carry on dredging operations. (to.) Pumping appliances for raising water for washing the dredged material and supplying water for steam-boilers. (n.) The recovery of gold from the dredged material. Part 3. —Hydraulic. Sluicing. (o.) The diameter, strength, and jointing of hydraulic pipes required to convey specified heads of water. (p.) The construction of water- and tail-races. (q.) The working of auriferous gravels by hydraulic sluicing, either by elevating or otherwise, including sluices and gold-saving appliances. Part 4. — General. (r.) A knowledge of arithmetic and the method of keeping mining accounts. (s.) A knowledge of Part V. of " The Mining Act, 1898 "—oral. (8.) Candidates who pass shall be entitled to first- or second-class certificates, according to merit: Provided that if the candidate fails in Part Ihe shall be deemed to have failed in the whole examination, and in no case shall he be entitled to a first-class certificate unless he passes satisfactorily in Parts 1 and 4, and also in either Part 2 or Part 3. (9.) If the candidate is the holder of a second-class certificate he shall state the fact in his application, in which case his examination shall be deemed to be for a first-class certificate, and if he passes he shall surrender his second-class certificate before receiving his first-class certificate. (10.) The subjects of examination for certificates as battery superintendents shall be as follows:— (a.) The different modes of reducing and pulverising ores. (b.) Amalgamating-machines. (c.) The use of quicksilver, and methods of using it in connection with the extraction of gold and silver from ores. (d.) Cyanide, chlorination, and other chemical processes of recovering gold and silver from ores. (c.) The sampling and testing of ores. (/.) A knowledge of "arithmetic and the method of keeping battery accounts. (g.) A knowledge of Part V. of "The Mining Act, 1898 "—oral. General as to Certificates. 108. (1.) Certificates, whether by examination or without examination, shall be in such of the forms numbered to in the First Schedule hereto as are applicable. (2.) The Board shall keep a register of all certificates issued by it, distinguishing those issued by examination from those issued without examination. Miscellaneous. As to Compensation payable otherwise than by the Crown. 109. Except in the cases where under the Mining Act or these regulations specific provision is made as to the mode of assessing compensation, all compensation payable thereunder, otherwise than by the Crown, shall be assessed in such manner as is agreed on by the parties concerned, or, failing agreement, then by the Warden and two Assessors. 110. In every case where the compensation is to be assessed by the Warden and two Assessors, the provisions of section of " The Mining Act Amendment Act, 1899," shall apply. As to Compensation payable by the Crown in respect of Watercourses set apart for Discharge of Tailings. 111. The claim for compensation to be prescribed under section 109 of the Mining Act may be made in the form numbered in the First Schedule hereto, or to that effect. General as to Compensation payable by the Crown. 112. Subject as last aforesaid, all claims for compensation against Her Majesty under the Mining Act may be made in such of the forms provided by " The Public Works Act, 1894," as are applicable, with all such modifications and alterations as the circumstances require.
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As to Bight to use Mining Works. 113. Subject to the provisions of section 164 of the Mining Act, the Warden may grant to any person working a claim the right to connect with and use any shaft, tunnel, or drive on any other person's claim : Provided that if such shaft, tunnel, or drive existed on the latter claim when it was taken up no compensation shall be payable by the grantee for or on account of the cost of construction. Statistics. 114. Every holder of a claim shall during the month of January in each year forward to the Inspector a return in the form numbered in the First Schedule hereto, under the hand of the holder or manager of the claim, setting forth in respect of such claim the particulars therein mentioned for the year ending on the last day of the preceding month. 115. Every bank, by some responsible officer thereof, and every gold-buyer other than a bank, shall, during the month of January in each year, forward to the Inspector a return in the form numbered in the First Schedule hereto, under the hand of such officer or buyer, setting forth the particulars therein mentioned for the year ending on the last day of the preceding month. As to Statutory Protection of Mining Privileges. 116. The provisions of section 133 of the Mining Act relating to protection without application shall apply only within the Middle Island or Stewart Island, and in cases only where the land is situate at an altitude of not less than 3,000 ft. above the sea-level; and the period of protection shall in every case be the period elapsing between the Ist day of May and the last day of October in the year : Provided that the Warden may from time to time prescribe such lower altitude (being in no case less than 2,000 ft.) and such shorter period (between the aforesaid dates) as he thinks fit, having regard to the locality of the land and the normal snow-level. Such prescription may be either generally as to any specified locality, or specifically as to any specific mining privileges, and ■ may be made either of his own motion, or on summary application, and shall be deemed to be sufficiently notified by publication in the Gazette. Duplicates of Documents lost or destroyed. 117. For the purposes of the issue of duplicates of lost or destroyed documents under the powers in that behalf contained in section 306 of the Mining Act, the following provisions shall apply :— (1.) The application for the duplicate may be in the form numbered in the First Schedule hereto, and shall be filed in the office of the Eegistrar, but need not be noted or advertised. (2.) The statutory declaration embodied in the application shall be exempt from stamp duty. (3.) The Warden, if satisfied with the sworn proof of loss, may order the Eegistrar to issue a duplicate, and in such case the Eegistrar shall issue the same accordingly. (4.) The duplicate shall be a copy of the original, with the addition of the words, — " Duplicate, issued this day of ,1 , in lieu of the original, which has been lost [or destroyed]. " A.8., Eegistrar." (5.) The only fee payable shall be the application fee of 2s. Fees in respect of Mining Privileges. 118. Subject to the specific provisions of the Mining Act and these regulations relating to specific fees, the following fees shall be payable by the applicant in respect of the matters mentioned :— Application-fee in respect of every application to the Warden filed in the office of the Eegistrar ... ... ... ... ... ... 2s. Certificate of protection — Where the period of protection does not exceed fourteen days ... Is. Where it exceeds fourteen days ... ••• ... ... .... ss. Certificate of reduction .... ... ... ... ... ... ss. License for a mining privilege, under which neither rent nor royalty is payable ... ... ... ... ... ... ... ss. 119. In every case where, under the regulations heretofore in force under the Mining Act, any license for a mining privilege has been issued subject to the payment of a yearly license-fee during the term of the license, such yearly license-fee shall hereafter cease to be payable. 120. The forms set forth in the First Schedule hereto may be used for the purposes of these regulations, in so far as the same as applicable. 121. The forms in the respective schedules hereto may be modified or adapted as the circumstances of the case require, and in any case where no suitable form appears in the schedules, such form may be used as the Warden prescribes or approves. Sanitation and Prevention of Nuisances. The Inspector shall have power to order such safeguards as he considers necessary in respect of underground workings for efficient sanitation and the prevention of nuisances, and may, for this purpose, order the provision of latrine accommodation and the use of disinfectants.
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SCHEDULES.
FIRST SCHEDULE.
Form 1 (Eeg. 2). Under " The Mining Act, 1898." Miner's Eight. [Block to be retained by [To be issued to the the officer.] holder.] Miner's Eight, N.Z. : Miner's Eight, New „■. ~ . ~ ~ Zealand. NotexendmgtoNatwe | Nofc NMye ceded land. oeded lan(J No - • i No. . District and place of j)jt- c i r t sissue: To whom issued : ,j To whom iggued . [Full _ , , . ' name], of [Address]. Date of issue: ; Date of issue : day of Date of expiry : : Date of expiry :' Fee paid: 10s _ : Bee paid : 10s. Initials and designation ; Dated and igsued at of officer by whom; thig d { issued: Warden [or other designation of officer].
Form 2 (Eeg. 2). Under " The Mining Act, 1898." Consolidated Miners' Eight. [Block]. | Consolidated Miners' | Consolidated Miners' Eight. ; Eight, New Zealand. Not extending to Native Not extending to Native ceded land. oeded land. No. . No. . District and place of j District: issue : To whom issued: ,'| To whom issued : , of [State whether \ of [State, &c, as as beneficial or nomi- j in block]. nated holder, and in the j latter case state full I name or style of bene- j ficial holder, and in the j case of a mining part- j nership the full name of every member thereof at the date of issue]. Date of issue : Date of issue : Date of expiry : j Date of expiry : Number of rights com- i Number of miners' rights prised : comprised herein: Fee paid : j Fee paid : Initials and designation j Dated and issued at , of officer by whom ! this day of , issued: 1 Warden [or other desig- \ nation of officer].
Form 3 (Eeg. 2). Under "The Mining Act, 1898." Miner's Eight. [Block to be retained by ; [To be issued to the the officer.] holder.] Miner's Eight, N.Z. I Miner's Eight, New Zealand. Extending to Native ceded j Extending to block of Native land. ceded land. No. . No. District and place of j District: issue: To whom issued : , I To whom issued : [Full of . name], of [Address]. Date of issue : ! Date of issue : day of ,1 • Date of expiry : ; Date of expiry : Block of Native ceded; Block of Native ceded land to which the right j land to which this extends : miner's right extends : Fee paid : \ Fee paid : Initials and designation ; Dated and issued at of officer by whom i this day of , issued: j 1 . Warden [or other designation of officer].
Form 4 (Eeg. 2). Under " The Mining Act, 1898." Consolidated Miners' Eight. [Block.] j Consolidated Miners' j Consolidated Miners' Eight- j Eight, New Zealand. Extending to Native oeded j Extending to block of Native land, ceded land. No. . No. . District and place of j District: issue : j To whom issued : To whom issued : , j of [State, d;c, as of [State whether j in block]. as beneficial or nomi- j nated holder, and in \ the latter case state full \ name or style of bene- \ ficial holder, and in the \ case of a mining part- \ nership the full name j of every member thereof j at the date of issue]. I Date of issue : j Date of issue : Date of expiry : Date of expiry : Block of Native ceded j Block of Native ceded land to which the right j land to which this right extends : extends: Number of rights com- ! Number of miners' rights prised : comprised herein : Fee paid : \ Fee paid : Initials and designation i Dated and issued at of officer by whom I this day of issued: ; 1 . I Warden [or other designation of officer].
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Form 5 (Eeg. 6). Under "The Mining Act, 1898." Application for Prospecting Warrant in respect of Native Land. To the Minister of Mines. Pursuant to "The Mining Act, 1898," I, [Full name, occupation, and address], hereby make application to His Excellency the Governor for a prospecting warrant in respect of the following block [or blocks] of Native land, a rough sketch-plan whereof is annexed hereto or marked hereon. [Here specify and identify each block with reasonable particularity by reference to its area, situation, and ownership, and affix plan.] And I herewith forward-the sum of £3 to abide the disposal of this application. Date and number of miner's right: Address for service: Signature of applicant: A.B. [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).]
Form 6 (Eeg. 6). Under " The Mining Act, 1898." Application for Ordinary Prospecting License or Tunnel Prospecting License in respect of Native Land. [As in Form 5, with the requisite modifications, adding a statement that the land has been duly marked out, and specifying in the case of a tunnel license the estimated length, position, and proposed course of the tunnel. The sum to be forwarded is £5 in lieu of £3.]
Form 7 (Eeg. 6). Under "The Mining Act, 1898." Application for Prospecting Warrant or License in respect of other than Native Land. To the Warden of the Mining District at . [As in Forms sor 6, with all requisite modifications, omitting the reference to money.]
Form 8 (Eeg. 6). Prospecting Warrant in respect of Native Land. Pursuant to the provisions of "The Mining Act, 1898," His Excellency the Governor of the Colony of New Zealand hereby grants to [Full name, occupation, and address] this prospecting warrant, by virtue whereof there is hereby conferred upon him, whilst the warrant continues in force, a non-exclu-sive right to enter upon and prospect for gold and any other metal or mineral in and over all that parcel of Native land [Here describe the land]. The term of this warrant is one year, commencing from the date hereof, and the warrant is granted subject to the provisions of the aforesaid Act and the regulations thereunder. In witness whereof the Minister of Mines, for and on behalf of His Excellency the Governor, hath hereunto signed his name, this day of ,1 • , Minister of Mines.
Form 9 (Eeg. 6). Prospecting Warrant in respect of Land other than Native Land. Pursuant to " The Mining Act, 1898," I, the undersigned, , a Warden of the Mining District, do hereby grant to this prospecting warrant, conferring upon him the non-exclusive right to enter and prospect for gold and any other metal or mineral on the land specified in the Schedule hereto, for a term of one year, commencing from the date hereof, subject to the provisions of the aforesaid Act and the regulations thereunder. In witness whereof I have hereunto signed my name, and affixed the seal of the Warden's Court at , this day of , 1 schedule. [Describe and identify the land with reasonable particularity by reference to its area, situation, and ownership.] , Warden.
Form 10 (Eeg. 6). Ordinary Prospecting License in respect of Native Land. Pursuant to " The Mining Act, 1898," His Excellency the Governor of the Colony of New Zealand hereby grants to [Names in full of licensees] this ordinary prospecting license, conferring upon the licensee the exclusive right to enter and prospect for gold and any other metal or mineral on the Native land specified in the Schedule hereto, for a term of one year, commencing from the date hereof, subject to the provisions of the aforesaid Act and the regulations thereunder. In witness whereof the Minister of Mines, for and on behalf of His Excellency the Governor, hath hereunto signed his name, this day of , 1 . schedule. [Describe and identify the land with reasonable particularity by reference to its area, situation, and ownership.] , Minister of Mines.
Form 11 (Eeg. 6). Ordinary Prospecting License in respect of Land other than Native Land. Pursuant to " The Mining Act, 1898," I, the undersigned, , a Warden of the Mining District, do hereby grant to this ordinary prospecting license, conferring upon him the exclusive right to enter and prospect for gold and any other metal or mineral on the land specified in the Schedule hereto [etc., as in Form 9].
Form 12 (Eeg. 6). Tunnel Prospecting License in respect of Native Land. Pursuant'to "The Mining Act, 1898," His Excellency the Governor of the Colony of New Zealand hereby grants to this tunnel prospecting license, conferring upon him the exclusive right to enter and prospect for gold or any other metal or mineral on the Native land specified in the Schedule hereto, for a term of two years commencing from the date hereof, subject to the pro-
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visions for renewal and other the provisions of the aforesaid Act and the regulations thereunder. The license-fee of £ is payable annually in advance whilst the license or its renewal continues in force. In witness whereof the Minister of Mines [etc., as in Form 10].
Form 13 (Eeg. 6). Tunnel Prospecting License in respect of Land other than Native Land. Pursuant to " The Mining Act, 1898," I, the undersigned, , a Warden of the Mining District, do hereby grant to this tunnel prospecting license, conferring upon him the exclusive right to enter and prospect for gold and any other metal or mineral on the land specified in the Schedule hereto, for a term of two years from the date hereof, subject [etc., as in Form 12]. In witness whereof [etc., as in Form 9].
Form 14 (Eeg. 23). Under "The Mining Act, 1898." Application for a Mining Privilege in respect of Land. To the Warden of the Mining District, at Take notice that, pursuant to "The Mining Act, 1898," and regulations thereunder, I [Full name, occupation, and address], have duly marked out the piece of land described in the Schedule hereto (rough sketch-plan whereof is lodged herewith), and intend to make application for the issue to me of a license in respect thereof for a [Here state nature of privilege —e.g., special dredging claim, ordinary quartz claim, extended river claim, special site, residence site, sawmill area, or otherwise, as the case may be], particulars whereof are set forth in the said Schedule. And I hereby declare as follows :— (a.) That all conditions precedent to the grant of the application have happened or been duly complied with. (b.) That the grant of the application will not prejudicially affect the rights of any other person. (c.) That I verily believe I am entitled to the grant of the application. (d.) That I desire the license to be for a term of years, but so nevertheless as to expire on the 31st December. [In the case only of applications for business, residence, or special sites: (c.) That I am not aware that the site in respect of which application is made is or is likely to be required for mining purposes, or that the grant of the application would interfere prejudicially with mining operations.] The address for service is Dated this day of , 1 Signature of applicant : A.B. [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).] Date and number of miner's right: 4—l. 4a.
THE SCHEDULE ABOVE REFERRED TO. All that parcel of land, containing by estimation acres (more or less), situate [Here state approximately, but with sufficient particularity to admit of easy identification, the situation, locality, measurements, and boundaries of the land applied for]. Particulars of mining privilege : [In the case of a tunnel or tramivay, set out its approximate starting and terminal points, course, and length; in the case of a claim, the proposed mode of working; and in any other case, such particulars (if any) as are reasonably necessary in order to indicate the nature of the proposed toork]. The foregoing application was filed in the office of the Mining Eegistrar at , on day, the day of ,1 , at o'clock [Thus : 10.15 o'clock] in the noon. Dated at , this day of , 1 . , Mining Eegistrar [or other officer receiving the application]. The foregoing application, and all objections thereto, will be heard by the Warden at the Courthouse, on day, the day of ,1 , at o'clock in the noon. Any person desirous of objecting must, at least two days before the day so appointed for hearing, enter his objection, and give notice thereof in the prescribed manner. Dated at , this day of , 1 , Mining Eegistrar.
Form 16 (Eeg. 23). Under " The Mining Act, 1898." Application to surrender Mining Privilege absolutely. To the Warden of the Mining District, at I, A.B. [Full name of applicant], of [Besidence and occupation], being the holder of the mining privileges specified in the Schedule hereto, do hereby apply to surrender the same absolutely, and not for the purpose of exchange. And I hereby declare as follows :— [As in paragraphs (a), (b), and (c) in Form 14.] Dated this day of , 1 ' .
THE SCHEDULE ABOVE REFERRED TO.
The address for service is, Signature of applicant; A.B. [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).] The foregoing application, &c. [as in Form 14].
Existing Instru- "Whether Wo™ r.i pw-imWa Its Situation ments of Title. Instruments isiame 01 Privilege. 0 r Locality, with Dates and are produced Numbers. or not.
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Form 17 (Eeg. 23). Application to surrender Mining Privileges for Purposes of Exchange for Title under " The Mining Act, 1898." To the Warden of the Mining District, at I, A.B. [Full name of applicant], of [Besidence and occupation] , being the holder of the mining privileges specified in the Schedule hereto, do hereby apply to surrender the same, and to obtain in substitution therefor licenses for corresponding mining privileges under " The Mining Act, 1898" ; and I declare as follows :— [Here set out paragraphs (a), (b), (c), and (d) in Form 14.] The address for service is, Dated this day of , 1
THE SCHEDULE ABOVE REFERRED TO.
Signature of applicant: A.B. [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).] The foregoing application, &c. [as in Form 14]. 'Form 18 (Eeg. 23). Under " The Mining Act, 1898." Application for Amalgamation of Claims. To the Warden of the Mining District, at Take notice that I, A.B. [Name of applicant], of [Besidence and occupation], being the holder of the claims described in the Schedule hereto, and being desirous of facilitating the working thereof, and simplifying the titles thereto, do hereby make application for the amalgamation thereof into one claim. And I hereby declare as follows : — [Here set out paragraphs (a), (b), (c), and (d) in Form 14.] The address for service is, Dated this day of , 1 Signature of applicant: A.B. . [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).]
The foregoing application, &c. [as in Form 14].
Form 19 (Eeg. 23). Under "The Mining Act, 1898." Application for Certificate of Protection of a Mining Privilege. To the Warden of the Mining District, at Take notice that, pursuant to "The Mining Act, 1898," I, [Name in full], of [Besidence and occupation] , desire to obtain a protection certificate for the period of in respect of the mining privileges particulars whereof are set out in the Schedule hereto. And I hereby declare as follows : — [Here set out paragraphs (a), (b), and (c), as in Form 14.] The address for service is, Dated at , this day of , 1 Signature of applicant: A.B. [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).]
THE SCHEDULE ABOVE REFERRED TO.
The above application, &c. [as in Form 14].
Form 20 (Eeg. 23). Under "The Mining Act, 1898." Objection by an Objector. In the matter of an application numbered in the Application Eecord-book, at , for a [Here state nature of application to which objection is made]. I, A.B. [Name in full], of [Besidence and occupation] , do hereby give notice that I intend to object to the granting of the above-described application, and the following are the grounds of my objection, namely, — [Here set out grounds of objection clearly, concisely, and in consecutive paragraphs.] The address for service is Dated at , this day of , 1 Signature of applicant : A.B. [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).]
4) "C on £ S £ .3 .a a o © 3 to o a o d a* 1 is •3 » 'S a CU-tJ s a H CO CD « 5 a«° -n CD 173 OJ a 5 ago £*£ M O u g.2'3 0
Number and Claims Dates of proposed to be Licenses or amalgamated. Certificates therefor. lArea of each Claim. Amount expended on each Claim. Remarks.
•2 * f o S ■a o-p o a £»'£*■ .2 •rJ, M o "i* © © © © .a o a-a . °" • ft ™ <" SVaS " O .-in > a«H 'B « S« Q. c3 » d .-*) fi"" B 3 a o © u o ass r3 © fig O cD Sog o
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Form 21 (Eeg. 23). Under " The Mining Act, 1898." Declaration to accompany Application to surrender, WHETHER ABSOLUTELY OR FOR PURPOSES of Exchange, where all or any of the Instruments of Title are lost. In the matter of an application by to surrender certain mining privileges, which application is numbered in the Application Eecord-book at , in the Mining District. I, A.B. [Full name], of [Occupation and address], do hereby solemnly and sincerely declare as follows :— (1.) That I am the applicant [or one of the applicants] named in the above-de-scribed application. (2.) That I have made diligent search for such of the instruments of title referred to in the said application as are described in the Schedule hereto, but cannot find the same, and believe the same to be irrecoverably lost. (3.) That the said instruments have not been lodged or deposited with any person for purpose of security for money or otherwise. And I make this solemn declaration, conscientiously believing the same, under and by virtue of " The Justices of the Peace Act, 1882." THE SCHEDULE ABOVE REFERRED TO. [Set out date and nature of each instrument of title.] Declared at , this day of , 1 , before me— , a Justice of the Peace for the Colony of New Zealand [or as the case may be].
Form 22 (Eeg. 23). Under " The Mining Act, 1898." Declaration where Applicant does not desire to APPEAR. In the matter of an application numbered in the Application Eecord-book at , for [State subject-matter of application]. I, , of , do hereby solemnly and sincerely declare as follows : — 1. That I am the applicant [or one of the applicants] named in the above-described application. 2. That all the statements contained in the said application are true. 3. That all prescribed provisions as to marking out the ground referred to in the said application, serving notices on all persons affected, and otherwise, have been duly observed, in so far as is required by law. 4. That the ground applied for, and referred to in the said application, does not cross any road or street. 5. That the applicant named in the said application believes himself [or believe themselves] to be entitled to the grant of the said application, and knows [or know] of no valid objection thereto. 6. That, so far as I am [or the said applicants are] aware, no public or private rights will be prejudicially affected by the grant of the said application. 7. [Here set out such other facts as may be necessary] . And I make this solemn declaration, conscientiously believing the same to be true, under and by
virtue of the provisions of an Act of the General Assembly of New Zealand intituled " The Justices of the Peace Act, 1882." Declared at , this day of , 1 , before me— , a Justice of the Peace for the Colony of New Zealand [or as the case may be].
Form 23 (Eeg. 45). Under " The Mining Act, 1898." Certificate of Eeservation of Timber Area. This is to certify that, pursuant to application in this behalf, and the provisions of " The Mining Act, 1898," I have this day reserved the area of land described in the Schedule hereto as a timber area for , as the holder of sawmill license registered at as No. , subject to the provisions of the aforesaid Act and the regulations thereunder. This certificate continues in force for one year from the date hereof, but may be renewed from year to year whilst the aforesaid license continues in force, but no longer. There is payable in advance in respect of this certificate, and of each annual renewal thereof, an acreage rental of £ , being at the rate of Is. per acre. As witness my hand, and the seal of the Warden's Court at , this day of , 1 SCHEDULE. [Describe land.] , Warden.
Form 24 (Eeg. 57). Under " The Mining Act, 1898." Eegister of Mining Privileges. At , in the Mining District. Nature, locality, and description of miningprivilege: [E.g., Water-race : Source of supply, the Fraser Biver, about two miles north of the Old Man Bock; course, north-west and south-east; length, about twelve miles; average depth, 10ft.; average breadth, 20ft.] Water authorised to be diverted : [Fifteen heads]. Precise time of filing application for the race : [1 p.m., 14th December, 1899].
Form 25 (Eeg. 68). Under " The Mining Act, 1898." Application to register a Mining Privilege held otherwise than under license. To the Mining Eegistrar of the Mining District, at Pursuant to the provisions of "The Mining Act, 1898," I, A.B. [Name in full], of [Besidence and occupation], being the lawful holder of an unregistered mining privilege described in the Schedule hereto, do hereby make application to register the same, and I hereby declare as follows : — (a.) That I have duly observed all the provisions of the said Act relating to the
o a ■a* © fl Instrument. Date of Instrument, Precise Time of presenting Instrument for Registration. Grantor i Grantee or Trans- ; or Transferor, feree. Names of Parties.
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said privilege, and that the title to the same is occupation under miner's right; (b.) That I verily believe I am entitled to a grant of this application. The address for service is : Dated this day of , 1 . Signature of applicant : A.B. [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).] THE SCHEDULE ABOVE REFERRED TO. All that piece of land held as a [Here state nature of privilege, e.g., ordinary alluvial claim, or as the case may be], containing by admeasurement [Here state area], situate [Here state approximately situation, locality, boundaries, and measurements, but with sufficient particularity to admit of easy identification] , as the same is approximately delineated in the rough sketch-plan drawn hereon.
Form 26 (Eeg. 68). Under " The Mining Act, 1898." Certificate of Begistration of Mining Privilege HELD OTHERWISE THAN UNDER LICENSE. Pursuant to application in that behalf made by A.B. [Name in full], of [Besidence and occupation], the lawful holder of the mining privilege described in the Schedule hereto, I, , Mining Eegistrar of the Mining District, at , do hereby certify that I have this day registered such mining privilege as No. In witness whereof I have hereunto signed my name and affixed the seal of the Warden's Court of the Mining District, this day of ,1 ■ THE SCHEDULE ABOVE REFERRED TO. All that piece of land held as a [Here state nature of privilege, e.g., ordinary claim], containing by admeasurement [Here state area], situate [Here state approximately situation, locality, boundaries, and measurements, but with sufficient particularity to admit of easy identification] : as the same is approximately delineated rrfHhe rough sketchplan drawn hereon. , Mining Eegistrar.
Form 27 (Eeg. 69). Under " The Mining Act, 1898." Application to register Lien. I, A.B. [Full name, occupation, and address], hereby make application to register a lien against the mining privileges specified in the First Schedule hereto, for £ , in respect to moneys due to me as wages-man, [or sub-contractor, or contractor, or partner, as the case may be], particulars whereof are specified in the Second Schedule hereto. The address for service is, Dated this day of ,1 . FIRST SCHEDULE. [Describe the name, situation, and registered number of each mining privilege, and the name of the holder.] SECOND SCHEDULE. [Set out briefly but clearly the particulars of the debt, giving in the case of wages the name of the employer, the period, place, and nature of the employment, and the rate and amount of the wages, and in any other case the corresponding particulars as to names, dates, amounts, etc.]
Form 28 (Eeg. 69). Under "The Mining Act, 1898." Notice by Clerk to Owner of Mining Privilege AGAINST WHICH A LIEN HAS BEEN REGISTERED. To A.B. [Name in full], of [Besidence and occupation] , the holder of the mining privileges set out in the Schedule hereto. Take notice that CD. [Name in full], of [Besidence and occupation], has this day registered a lien against the before-mentioned mining privileges for the sum of £ due to him as wages-man [sub-contractor, contractor, or partner, as the case may be].
THE SCHEDULE ABOVE REFERRED TO.
Dated at , this day of , 1. . , Clerk of Warden's Court.
Form 29 (Beg. 78).
Numerical Index of Registrations at in the Mining District.
Form 30 (Eeg. 79).
Water-rights Index- book of Water Grants registered at, in the Mining Disteict.
Reg. No. of Instrument. Name and Locality of Privilege.
Registration No. on Register. Instrument. Mining Privilege. Transferor. Transferee. 1 2 &o. 321 License Certificate of registration Mortgage .. Special claim Ordinary alluvial claim Water-race W. Green. J. Watson. A. White T. Black.
Name of Stream : Expiration. Grant. Registered Number in Register. Instrument. Number of Heads. PreOi p e rSy e be°gtos WhiOh grantee. Jhow Expired Date of Expiry. 431 License 15 2.30 p.m., 21 Jan., 1899 W. Smith Forfeited 20 Dec, 1899. 2142 Certificate of registration License 4 2 p.m., 22 Jan., 1900 j C. White 2 p.m., 22 Jan., 1900 ! C. White 2143 9 Abandoned 2 Sept., 1901.
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Form 31 (Beg. 87). Under "The Mining Act, 1898." Machine License. No. A.8., of , is hereby licensed as the owner of a registered [Here describe machine, or machines, 12-stamp crushing-machine, a berdan, amalgamator, retort, melting-furnace, refining process, or otherwise] at [Place where machine situate] until the 31st day of December next. Fee, Is., paid. Dated , 1 , Mining Eegistrar.
Form 32 (Beg. 87). Under "The Mining Act, 1898." Machine Ebgistek-Book. License No.
Form 33 (Eeg. 87). Under " The Mining Act, 1898."
Monthly Return by Licensee, Machine Registered No., of Work done by his Machines during the Month of
A true return. A.8., Dated , 1 . Licensee. Note.—On lines & and 5 are to be entered only suoh amalgam or gold and silver as is not the produce of what is included under lines 1, 2, and 3 in the above return.
Form 34 (Eeg. 102). Under "The Mining Act, 1898." Yearly Eeturn as to Gold, to be made by Claim-holder. To the Inspector of Mines for the Mining District. Nature of claim [State whether alluvial, sluicing, elevating, dredging, or quartz] : Name of claim : Area of claim: Name of holder: Name of mine-manager or dredge-master : Name and address of legal manager or secretary : Locality of mining operations : Number of men employed : Description of wash or cement: In the case of a quartz claim, quantity of material operated on during the year : Mode of treatment: Yield of gold for the year : oz. dwt. gr. Total value of gold : £ Value of gold per ounce : £ Amount in the case of a company paid in dividends for the year : £ A true return for the year ending the last day of March [or September]. Signature of owner or manager : Date:
Form 35 (Eeg. 103). Under "The Mining Act, 1898."
Bank's or other Gold-buyer's Yearly Return of Gold purchased.
A true return. Dated at , this day of , 1 [Signature of bank officer or gold-buyer.]
Form 42 (Eeg. 107). Under "The Mining Act, 1898." Mineral License. Pursuant to "The Mining Act, 1898," I, the undersigned, , Warden of the Mining District, do hereby grant to A.B. [Name of applicant], of [Besidence and occupation] , this mineral license, authorising the licensee to occupy the parcel of Crown land described in the First Schedule hereto for the purpose of mining for [Here specify the metal or mineral, ivhich must be other than gold], subject to the payment of the rental and royalty as specified in the Second Schedule hereto, and subject also to the reservations, terms, conditions, and provisions set out in the said Act and in the regulations thereunder, and to the additional terms,
Quantity treated. "(8 s igM h 2 o C5 iB CD B o ±* CD M 2 o O IB CD a EG ID a © o id CD P V! CD H Tons lb. oz. Oz. Oz. Oz. Oz. Oz. 1. Quartz or ore treated 2. Tailings treated 3. Specimens treated .. 4. Amalgam retorted, &o. 5. Retorted gold or silver melted or refined 6. Other metals
Yeaely re bank or oti ending on ber], 1 ;urn ot gold ier gold-buyt the last de purchased by [A \r\ at foi ,y of March [o; ' anting the : the year ' SeptemQuantity of Gold purchased. Total Value of Gold purchased. Average Value of Gold purchased per Ounce. Iiemarks.
ft o Nami Add i and •ess. How Lted a cd © Quantity. >p« ip< :rs >n. Product. -3 «- o 4= c3 O a> P CO a © a o o ce oj giO _ CD cd a af CD CD 8 J 55 IB o © © o .9 ® 2 CD a 3 © O 02 O o © O © O if .t—f . ex a c o o CD © > O 8 2 C3 ■S 2 CD cd aS oh 3 o o 5 a o 3: a o © do a - a =a PQ ■B CD o O 3 2^' PQ
i.-ia
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reservations, conditions, and provisions specified in the Third Schedule hereto. This license is granted for a term commencing on the date hereof and expiring on the last day of December, 1 . In witness whereof I have hereunto subscribed my name, and affixed the seal of the Warden's Court at [Place], this day of , 1 THE FIRST SCHEDULE ABOVE REFERRED TO. All that area of Crown land, containing by admeasurement [Set out area of land, as also its section and block of survey district, with plan, if surveyed ; and its situation and description, together ivith an approximate sketch-plan, if measured] . THE SECOND SCHEDULE ABOVE REFERRED TO. 1. A yearly rental of (being at the rate of 2s. 6d. for every acre or fraction of an acre of the land) during the term of the license, all payments in respect thereof having been duly made up to the last day of June [or December] next following the date of the license, and the subsequent payments to be made by equal half-yearly instalments of in advance, computed from the last day of June [or December] aforesaid ; and also 2. A royalty of [State rate, being not less than one-hundredth nor more than one twenty-fifth] of the value of all the specified metals and minerals raised pursuant to the license, such royalty being payable on the same clays and for the same periods as the half-yearly instalments of rent; the first such payment being due on the same day as the first halfyearly instalment of rent, and being in respect of the royalty for the period elapsing between the date of this license and such day. THE THIRD SCHEDULE ABOVE REFERRED TO. 1. On the last day of June [or December] next following the date of the license, and at half-yearly intervals thereafter during the term thereof, the licensee shall make to the Eeceiver of Gold Eevenue at true and accurate returns of all metals and minerals during the preceding half-year raised pursuant to this license, and of the value thereof. 2. The licensee shall at all times during the currency of the license duly carry out and observe all such provisions contained in " The Mining Act, 1898," as are applicable to mineral licenses or the holders thereof. 3. The licensee, within two months of the date of this license, shall commence, and thereafter continually prosecute, mining operations on the land the subject of this license, and for that purpose shall, except as aforesaid, at all times during the first two years of the said term keep employed upon or in connection with the said land at least one man for every full area of 50 acres thereon contained, and thereafter at least two men for every such area: Provided that the Warden may from time to time modify the operation of this clause to such extent as he deems equitable; such modification being, however, in every case made within the same limits and subject to the same conditions, mutatis mutandis, as in the case of a claim. 4. All the provisions of " The Mining Act, 1898," and the regulations made thereunder, for securing payment of the aforesaid rent and royalty, for insuring the regular, proper, and efficient carrying-on of mining operations on the land the subject of this license, and for the inspection of all mines and workings therein and thereon, and for the for-
feiture of this license on breach of any condition to be performed or observed by the licensee, shall be deemed to form part of this license, and to be incorporated herein. [Here leave space for conditions by Warden.] , Warden. Form 43 (Eeg. 107). Under " The Mining Act, 1898." Certificate of Protection. This is to certify that, pursuant to the provisions of "The Mining Act, 1898," I have this day granted protection to [Here set out in full names of holder of mining privileges protected] in respect of the mining privileges particulars whereof are set out in the Schedule hereto, for a period of , calculated from the day of , 1 . In witness whereof I have hereunto signed my name, and affixed the seal of the Warden's Court at , this day of , 1
THE SCHEDULE ABOVE REFERRED TO.
, Warden.
SECOND SCHEDULE. (Eeg. 23.)
Sums to be lodged with the Eeceiver in connection with the Filing of Applications in respect of Mining Privileges, to abide the Disposal of the Application. Where rent is payable] One half-year's rent for the mining privilege I computed on area speciapplied for J fied in the application. Where a yearly recur-] m . , ~ ~ J . J ~ The amount of the ring license-tee or other V , , i ■ yearly lee. fee is so payable j J J Where a non-recurring' license-fee or other fee is i- The amount of the fee. so payable / Survey - fees as per Where survey is neces- j scale, as approximately sary 1 estimated by the Be(ceiver. j The approximate cost Where advertising is or ] thereof as estimated by may be required 1 the Eeceiver, not exceeding £2. „,','' . , ~ ~i ( A registration of Is. for Where registration will l acn f te lstra . be necessary | tion _
itegisbered Numbers and Dates of Licenses for Mining Privileges in respect of which Protection is granted. Nature of Privilege. .Remarks.
THIRD SCHEDULE. (Eeg. 41).
Permissive Method of Gauoing Watee. Gauge-boxes. When other and more accurate means of measuring water are not conveniently available it may be done by using gauge-boxes of the dimensions and forms following, that is to say : The gauge-box shall be 12 ft. long, 20 in. or 40in. wide inside measurement, as the case may be, in accordance with the undermentioned table. The box shall be open on the top, and set truly horizontal. Its outlet end shall be closed with a board lin. in thickness, or with a plate of iron, with the exception of the aperture, which shall be the whole width of the gauge-box, and of such depths as are specified in the said table for the number of sluice-heads to be discharged ; but in all cases the lower side of orifice shall be 2 in. above the bottom of the gauge-box, and the depth of the sides of the gauge-box shall be regulated so that they shall not have a less depth than the depth of orifice, the height of the board above the orifice, with two additional inches added. The dimensions of aperture and height of board above aperture for the number of sluice-heads to be discharged shall be in accordance with the said table. The following is a table of the dimensions of apertures in gauge-boxes for measuring water, with head or depth of water above the top of aperture :—
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I FOURTH SCHEDULE. (Reg. 44.)
Bate op Eoyalty on Timbee cut under License ok Warrant. At per 100 Class I.— sup. ft. Totara and matai not less than 25 ft. in s. d. length or 12 in. in diameter, puriri, maire-raunui, silver-pine, and pohutukawa ... ... ... ... 2 0 Class ll.— Totara and matai less than 25 ft. in length or 12 in. in diameter, rata, tangeao, tooth- and entire-leaved beeches, manuka (tea-tree), manoao, tanekaha, kawaka, kaikawaka ... 1 0 Class lII.— Rewarewa, mapau, toro, hinau, taraire, miro ... ... ... ... 0 6 Class IV.— Mountain- and silver-beech ... ... 0 6 Class V.— Rimu (red-pine), kahikatea (white-pine), kamai, tawa ... ... ... 0 6 Class Vl.— Blocks for paving sluices ... ... 0 2 Each. Eailway sleepers ... ... ... 0 2 Class VII.— Puriri, totara, and matai posts and sleepers to be charged under Classes I. and 11. Per 100. Other posts, rails, and sleepers ... 8 0 Fencing-stakes ... ... ... 4 0 Per Cord. Firewood, not less than ... ... 1 0 No standing totara or black-pine, and no timber required or suitable for milling purposes, to be permitted to be cut under this class.
FIFTH SCHEDULE. FORMS FOR USE IN WARDEN'S COURT.
Form 44 (Beg. 91). Under " The Mining Act, 1898." Plaint-book. Warden's Court of the Mining District, holden at
31
'■B - £ CD e6 a o a ig. h a< i"- pj - Ccj n co O 0 o r- > a ft -2 a CD TO"H a Dim< of Ar in I: ensions >erture, nches. w 13 «S © © © a tH © o cc *-l U eg © rt S S 12" £° S. Q. . & O CD EH " O CD CD ,a i a ft-2 a CD c6.w a Dim* of Ap in li snsions erture, iches. m cr] © -a © © a *-< © O OJD li Width.; Depth. \Vidth. Depth. 5 5 8 8 9 9 12 12 12 12 12 18 18 18 18 18 18 18 18 18 18 18 18 18 24 24 24 24 24 24 24 24 24 24 24 20 20 20 20 20 20 20 20 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 ' 40 40 40 40 40 40 40 40 40 40 2 *i 55 65 8 8i 9i 5| 6ft 6| 6i 6| 7l 7f 81 8# ' 9i 10 ioft 10J lift HI lift 11$ 12| 13 13| 13| 14J li| "5 1 2 3 4 5 6 7 8 9 10 11 12 18 14 15 10 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 84 35 24 24 24 24 24 24 24 24 30 30 30 30 30 30 30 30 30 30 30 30 30 3G 36 3G 36 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 40 151 15} 16 16f 16§ m 175 17 178 17$ 18 188 18$ 19 199 19$ 20 208 20$ 21 20ft 201 20^ 21ft 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 36 36 36 48 48 48 48 48 ivery H>ada. 65 70 75 80 85 90 95 100 40 40 40 40 40 40 40 40 228 24 25f 24| 255 278 28$ 30
g "a 5 o >, B K •s HI crj Q 4^ '3 VH o 6 a C8 S3 05 o *B a, o 2 °> a u II 0Q O 13 © fl IB s fl o a 5 si fl 'h © w o Q '5 C □ h-l '3 o Q o +j . £ fl fl o a o y 11 II fl © o & fl o o eg Q a o H a a u P s o ■s° o'S oS Q © o fl 0) .'5 fl o d 0 o o O +3 a fl Q d o fl M n o «3 ft fl U 5 O |£ s. d.|
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Form 45 (Eeg. 91). Under "The Mining Act, 1898." Eecord-book.
Form 46 (Eeg. 92). Under " The Mining Act, 1898." Statement of Claim. No. In the Warden's Court of the Mining District, holden at Between A.B. [Name in full], of [Besidence and occupation], plaintiff, and CD. [Name in full] , of [Besidence and occupation], defendant. The plaintiff sues the defendant, and says — (1.) [Here set out in paragraphs, consecutively numbered, clearly and concisely the basis of the plaintiff's claim.] Wherefore the plaintiff claims as follows : — (a.) [Here set out in paragraphs, consecutively numbered, clearly and concisely the relief claimed by the plaintiff, including (if necessary) the amount in money for which judgment is sought.) The plaintiff's address for service is
Form 47 (Eeg. 92). Under "The Mining Act, 1898." Summons to Defendant. No. of the year 1 In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. You [If more than one defendant, add and each of you] are hereby summoned to attend at the Warden's Court of the Mining District, to be holden at the Courthouse at , on day, the day of , 1 ,at the hour of o'clock in the noon, to answer the plaintiff's statement of claim, copy whereof is annexed hereto. Herein fail not, or the case will be heard and determined in your absence. Debt or claim (if any) £ Cost of summons Extra mileage Subpoenas . £
Given under my hand and the seal of the said Warden's Court, this day of , 1 , Clerk of Court. Hours of attendance at the office of the Clerk at : From till , except on , when the office will be closed at
Notice. [To be indorsed on the summons and the duplicate summons, Form 4.] To the defendant. If you pay to the Clerk of the Court the debt and costs as stated in the summons, and give notice to the plaintiff or his solicitor forty-eight hours at least before the time appointed for the hearing, the action will be stayed ; but you may pay the same at any time before the hearing, subject to the payment of further costs. If you rely on a counter-claim by way of defence, you must file a copy with the Clerk of the Court and serve a copy on the plaintiff or his solicitor twenty-four hours before the time appointed for the hearing of the suit. This summons was sued out by the plaintiff [or , of , solicitor for the plaintiff]. Summonses for witnesses and for the production of documents will be issued on application at the office of the Clerk.
Form 48 (Eeg. 92). Under "The Mining Act, 1898." Affidavit of Service of Summons to be indorsed on Court Copy. I, [Name, residence, and occupation], do swear that I served the within-named with a summons, a true copy of which is within written, marked "A," together with a copy of the statement of claim hereunto annexed, marked "B," by delivering the same to him personally [If summons served otherwise than personally, state precisely mode of service] at , on , the day of , 1 [Signature of deponent.] Sworn at , this day of , 1 , before me— , Warden [Solicitor of the Supreme Court, Justice of the Peace, or Clerk].
Form 49 (Eeg. 92). Under " The Mining Act, 1898." Summons to Witness to produce. No. of the year 1 In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. To [Name in full, description, and residence of witness.] You are hereby commanded to attend at the Warden's Court of the Mining District, holden at , on ,the day of , 1 ,at the hour of o'clock in the ,
Plaintiff. Defendant. sc a o 33 © M o © H a ta ft >, u d a 3 CD ft -B 3 c6 a © n o a a G a !i © n a © fe tn 2 to '43 © ce $ 22 §■2 © .3 2 co cd ■g CD CD .3 a a.A O O CO CD *. a °0 CD+h as 1 eSo3 AS •a S * « o O-rt c6-t= to Q 4^ a CO a M <u 6 o © P a «a © A 1-1 o © © h ■•*-* > 0% © o += © c3 * P cd > h CD CD o ■8 a ca » 8 (8 * as Cot> «>, «.° J 8 CD II ©+=> a '3 o d a '5 o © p Name. Address. Name. Address. I a -o a £ h O 3 li 33
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to give evidence on behalf of the plaintiff [or defendant] , and then and there to have and produce [State any particular documents required], and all other books, papers, writings, and other documents relating to the said action which may be in your custody, possession, or power. Herein fail not at your peril. Given under my hand and the seal of the Court, at , this day of , 1 , Clerk.
Form 50 (Eeg. 92). Under " The Mining Act, 1898." Summons to Witness to appear. No. of the year 1 In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. To [Name in full, description, and residence of toitness.] You are hereby commanded to attend at the Warden's Court of the Otago Mining District, holden at , on , the day of , at the hour of o'clock in the , to give evidence on behalf of the plaintiff [or defendant] . Herein fail not at your peril. Given under my hand and the seal of the Court, at , this day of , 1 , Clerk.
Form 51 (Eeg. 92). Under " The Mining Act, 1898." Demand for Assessors. No. of the year 1 In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. Take notice that I, A.8., the above-named plaintiff [or CD., defendant, as the case may be], hereby demand that this suit be tried by Assessors pursuant to the provisions of " The Mining Act, 1898." Dated at , this day of , 1 . A.B. [or CD.] [or A.8., or CD., by his solicitor, E.F.]. To the Clerk,
Form 52 (Eeg. 92). Under " The Mining Act, 1898." Clerk's Notice to Parties of Trial by Assessors. No. of the year 1 In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. Take notice that this case will be tried by Assessors, the plaintiff [or defendant, as the case may be] having demanded a trial by Assessors. Dated this day of , 1 CD., Clerk of the Court. To the plaintiff [or defendant, as the case may be] [Address, description, etc.]. s—l. 4a.
Form 53 (Eeg. 92). Under " The Mining Act, 1898." Summons to Assessor. No. of the year 1 In the Warden's Court of the Mining District, holden at "Sou are hereby summoned to appear and serve as an Assessor in this Court at the [Courthouse] on the day of , 1 ,at the hour of in the noon, upon the trial of the cause or causes to be taken and tried by Assessors. In default of attendance you will be liable to a penalty not exceeding five pounds. Dated this day of , 1 . CD., To . Clerk of the Court.
Form 54 (Eeg. 92). Under "The Mining Act, 1898." Order fining an Assessor for Non-attendance. In the Warden's Court of the Mining District, holden at Whereas was duly summoned to appear and serve this day as an Assessor in this Court upon the trial of the cause or causes to be tried by Assessors at this Court : And whereas he has neglected, without sufficient cause shown, to appear and serve as an Assessor at this Court: It is hereby ordered that he shall forthwith [or on the day of , 1 ] pay to the Clerk of this Court at a fine of £ for such neglect. Dated this day of , 1 . , Warden. Hours of attendance at the office of the Clerk [Place of office]: From until , except on [Here insert the days of the iveek on which the office will be closed], when the office will be closed.
Form 55 (Eeg. 92). Under "The Mining Act, 1898." Oath of Assessors. I, A.8., do swear well and truly to try and determine the matters which shall be brought before me, and a true decision to give, according to the evidence. So help me God.
Form 56 (Eeg. 92). Under " The Mining Act, 1898." Declaration of Assessor in Lieu of Oath. I, A.8., do solemnly, sincerely, and truly affirm and declare that I will well and truly try and determine the matters which shall be brought before me, and a true decision give according to the evidence.
Form 57 (Eeg. 92). Under "The Mining Act, 1898." Notice of Counter-claim. Plaint No. In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. Take notice that the defendant intends, at the hearing of this suit, to set up a counter-claim, par-
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ticulars whereof are attached hereto. [Here insert particulars of basis of counter-claim, as in a statement of claim.] Dated at , this day of , 1 Defendant [or Solicitor for the defendant] . To the plaintiff, and the Clerk of the Court.
Form 58 (Eeg. 92). Under "The Mining Act, 1898." Notice of Payment into Court of Whole Claim. Plaint No. In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. Take notice that the defendant has paid into Court the sum of pounds shillings and pence, being the full amount of your demand in this action, together with your costs herein, amounting to pounds shillings and pence. Dated at , this day of , 1 . Defendant [or Solicitor for the defendant]. To the plaintiff,
Form 59 (Eeg. 92). Under "The Mining Act, 1898." Notice of Payment into Court of Part of Claim. Plaint No. In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. Take notice that the above-named defendant [or , one of the defendants] has paid into Court the sum of £ in satisfaction of so much of the plaintiff's claim as relates to [Insert particulars] . Dated at , this day of , 1 Defendant [or Solicitor for the defendant]. To the plaintiff,
Form 60 (Eeg. 92). Under "The Mining Act, 1898." Application for a Eehearing. Plaint No. In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. Judgment for , plaintiff [or defendant], for the amount of [or as the case may be] given on the day of , 1 I, . , being the plaintiff [or defendant] in this action, hereby apply to have a rehearing of the said action, on the following grounds: [Here state grounds for application]. Dated at , this day of , 1 [Signed.] To the Clerk
Form 61 (Eeg. 92). Under "The Mining Act, 1898." Notice op Application for a Eehearing. Plaint No. In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. Take notice that the has applied for a rehearing of this suit on the following grounds [Stating them], and his application will be heard before the Warden at on , the day of , 1 ,at the hour of in the noon. Dated at , this day of , 1 Clerk. To the plaintiff [or defendant].
Form 62 (Eeg. 92). Under "The Mining Act, 1898." Order for a Eehearing. In the Warden's Court of the Mining District, holden, at . Between , plaintiff, and , defendant. It is ordered that the judgment in this suit and all subsequent proceedings be set aside, and a rehearing had between the parties on [Set out the terms and conditions, if any]. Given under my hand and the seal of the said Court, this day of , 1 . , Warden.
Form 63 (Eeg. 92). Under " The Mining Act, 1898." Memorandum op Agreement by Parties to a Suit, or that the Decision of the Warden or Warden's Court shall be final. No. of year 1 In the Warden's Court of the Mining District, holden at A.8., plaintiff, and CD., defendant. We, the above-named plaintiff and defendant, do hereby agree that the decision of the above Court in the above suit shall be final. Dated at , this day of , 1 A.B. [or A.8., by his Solicitor, E.F.], Plaintiff. CD. [or CD., by his Solicitor, G.H.], Defendant.
Form 64 (Eeg. 92). Under "The Mining Act, 1898." Order or Injunction. No. of the year 1 In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. Upon reading the affidavit of A.8., sworn the day of , 1 [Becite any other affidavits used on the application, and if evidence viva voce shall be given either with or without affi-
35
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davits, add or say upon hearing the evidence of CD.], and upon hearing E.F., of , in person [or Mr. , of counsel or solicitor for E.F., of ], [and if the amplication be on notice and the other party appear, then add and upon hearing G.H. (the other party), of , in person (or Mr. , of counsel or solicitor for the said G.H.); or if the other party do not appear, say and upon service of notice of this application upon G.H. being proved to my satisfaction] , I do hereby order that [State the matter in the words of the Act as near as may be]. Given under my hand and the seal of the above Court, this day of , 1 J.K., Warden.
Form 65 (Eeg. 92). Under " The Mining Act, 1898." Form of Final Decision and Order. No. of the year 1 In the Warden's Court of the Mining District, holden at Between , plaintiff, and , defendant. A.B. and CD., complainants; E.F. and G.H., defendants. I find [If upon the decision of Assessors, insert upon the decision of Assessors] that [Set forth the decision] ; and I order [State the Warden's order in full, as, for instance, that possession of the land (describing it as described in the Schedule to this order) be delivered to A.B. and CD.] ; and that the said E.F. and G.H. do pay to the said A.B. and CD. the sum of pounds for damages, and pounds for costs. I also order that certain auriferous earth, metal, or mineral in the possession of the said A.8., and which has been valued by me [or by the said Assessors] at , shall be delivered to the said A.B. and CD., in satisfaction [or in part satisfaction] of such damages and costs. Dated this day of , 1 J.K., Warden. [Note. —The statements in this form are byway of example only. The form must be filled up according to the nature of the case.]
Form 66 (Beg. 92). Under " The Mining Act, 1898." Memorandum of Consent by Parties to Appeal. No. of the year 1 In the Warden's Court of the Mining District, holden at Between A.8., plaintiff, and CD., defendant. We, the above-named plaintiff and defendant, do hereby consent that any appeal which may be made herein shall lie to the Supreme Court of New Zealand, sitting at , and not to the District Court. Dated at , this day of , 1 A.B. [or A.8., by his Solicitor, E.F.], Appellant. CD. [or CD., by his Solicitor, G.H.], Eespondent.
Form 67 (Eeg. 92). Under "The Mining Act, 1898." Notice of Appeal. No. of the year 1 In the Warden's Court of the Mining District, holden at Between A.8., plaintiff, and CD., defendant. Take notice that I, , the above - named plaintiff [or defendant], being desirous of appealing from the decision of the Warden's Court in this suit, which decision was as follows [Here copy out minute of same as recorded in the judgment-book], intend to appeal against such decision on matter of fact alone [or on matter of law alone, or on both fact and law, as the case may be], and that the following are briefly the matters of law forming the ground of appeal : — [Here set same out substantially but concisely in distinct paragraphs]. The said appeal is made to the Supreme Court of New Zealand, District, holden at [or to the District Court of District, holden at , as the case may be]. You, the said plaintiff [defendant, applicant, or objector, as the case may be], are therefore called on to show why the said decision shall not be [Here state whether total or only partial reversal is sought, or what measure of relief the appellant deems himself entitled to]. Dated this day of , 1 . A.B. [Signature of party appealing, either by himself or his Solicitor].
SIXTH SCHEDULE.
Beg 93. Warden's Court. Table of Fees. £ s . d. Summonses ... ... ...0 2 0 Summonses to witnesses ... ...0 2 0 Service of summonses, if to be made by bailiff within one mile of the Courthouse ... ... ... ...0 3 0 For every extra mile, one wa.y ... 0 1 0 Hearing ... ... ... ... 0 4 0 Adjournment of hearing, when made on application of plaintiff or defendant ... 0 2 0 Filing demand for Assessors ... ... 0 2 0 Notice of payment into Court... ... 0 2 0 Order of the Court or a Warden in a suit 0 2 0 Entering of judgment ... ...0 2 0 Filing notice of ground of appeal ... 0 8 0 Distress warrant ... ... ... 040 Issuing warrant to bailiff to deliver possession to a plaintiff or defendant of premises recovered ... ... 0 4 0 Executing any distress warrant beyond one mile from the Courthouse, for every extra mile, one way ... ...0 10 Poundage on. the sum levied or received in execution, for every £1 ... ...0 10 Serving or executing any writ of arrest, injunction, writ of attachment, or any summons, order, warrant, precept, writ, or other process not hereinbefore provided for, if within one mile of the Courthouse ... ... ... 0 40 For every extra mile, one way ... 0 1 0
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£ s. d. For keeping possession per diem any sum not exceeding ... ... ... 080 For every extra mile beyond one mile, one way ... ...0 10 Auctioneers' commission on goods sold, not exceeding five per cent, (to be paid into Public Account where the bailiff acts as auctioneer). Advertising —For three lines of space not exceeding 35., and 3d. for every additional line. Executing distress warrant against the goods if satisfied within two hours of the levy ... ... ... ...0 4 0 For every search ... ... ... 010 For any document required in proceedings and not enumerated in the Schedule 0 2 0 For copy of any proceedings, every complete folio of ninety words or part thereof ... ... ... ... 0 0 6 Cartage of goods seized in execution to auction-room or place of security : reasonable expenses actually paid to be supported by voucher. Filing any consent or agreement ... 0 2 0 Filing notice of any application for a rehearing ... ... ... 020 Allowance to Witnesses. Professional men, merchants, and esquires, not exceeding, per diem ... 1 1 0 Tradesmen, mechanics, and miners, ditto 0 10 0 Labourers, &c, ditto ... ...0 8 0 Mileage, one way ... ... ... 010 Where any act has to be done or any document required to carry out and enforce (a) any judgment, decision, or order, of the Warden or the Warden's Court in civil proceedings, or any conviction or order of such Court in (b) criminal proceedings, or (c) proceedings imposing a penalty, then in so far as no fee is charged for such act or document in the foregoing Schedule the fees chargeable shall in the case (a) be those chargeable under " The Magistrates' Courts Act, 1893," and in case (b) or case (c) those chargeable under "The Justices of the Peace Act, 1882."
FIRST SCHEDULE. Additional Forms (the Forms being numbered on from the last number in the Principal Regulations). Form 68 (Beg. 6).
Nominal Index of Registrations at, in the Mining District.
Form 69 (Eeg. 9). Application for Certificate of Eeduction. To the Warden of the Mining District, at Pursuant to " The Mining Act, 1898," the undersigned [Full name, occupation, and residence], being the holder of the claim specified in the Schedule hereto, hereby applies for a certificate reducing to the extent and for the period therein specified, or to such lesser extent and for such lesser period as the Warden thinks fit, the prescribed minimum number of workmen to be employed in working the said claim. The address for service is : Dated this day of , 1 Signature of applicant: A.B. [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).]
THE SCHEDULE ABOVE REFERRED TO.
Precise time, &c. [as in Form No. 78, below].
Form 70 (Eeg. 9). Under "The Mining Act, 1898." Certificate of Eeduction. This is to certify that, pursuant to " The Mining Act, 1898," and on the application of [Full name, occupation, and residence of holder of claim], being the holder of the claim specified in the Schedule hereto, the prescribed minimum number of workmen to be employed therein is hereby reduced to for the period commencing on the date hereof and expiring on the day of , 1 . In witness whereof I have hereunto signed my name and affixed the seal of the Warden's Court at , this day of , 1
THE SCHEDULE ABOVE REFERRED TO.
, Warden.
Form 71 (Eeg. 12). Under " The Mining Act, 1898." Application for Eenewal of License for Mining Privilege. To the Warden of the Mining District. Pursuant to "The Mining Act, 1898," the undersigned [Full name, occupation, and residence], being
So c5<2 a f 03 CO M U .OH U CD CD &h 5 » al a CD 3 a a H gig, a © if "a o .3 -. * *.2<2 fo-9 CD M S3 iB a=w .; CS O CD O O "co So' 5 " ■3 fe M A. Adams, J., Watson, G. and others &c. &o. &o. Mortgage Special olaim 240 Vol. i., folio 49.
Title under which Claim is held, with Registration Number (if any). Name, Locality, and Area of Claim. Date wheu originally taken up. Present Minimum Prescribed Number of Workmen. Extent of Reduction desired (being the Maximum Number that can be reasonably employed). toh ■a S o .2 o"°
Title under which Claim is held, with Registration Number (if any). Name of Its Claim. Locality. Its Area. Date when originally taken up.
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the holder of the license specified in the Schedule, hereby applies for a renewal thereof for a term of years, commencing on the expiry of the current term. The address for service is : Dated this day of , 1 [Signature of Applicant, etc.]
THE SCHEDULE ABOVE REFERRED TO. Particulars of Current License.
Form 72 (Eeg. 15). Under "The Mining Act, 1898." Application to be examined for Certificate. To the Board of Examiners, Wellington. I, the undersigned [Full name, occupation, and residence] , hereby apply to be examined for a certificate as mine-manager [or battery superintendent] . I enclose the prescribed fee of £1, and hereby declare as follows : — (1.) My practical experience consists of actual employment as specified in the Schedule hereto ; and in proof thereof I herewith supply evidence in writing from my previous employers, as specified in that Schedule. (2.) [If the applicant is a candidate for examination for a mine-manager's certificate, and already holds a certificate of the second class, add] I am the holder of a second-class certificate, No. , and desire to be examined for a certificate of the first class. Dated at , this day of , 1
SCHEDULE. Particulars and Proof of Employment.
[Signature of applicant.] Form 73 (Eeg. 16). Under "The Mining Act, 1898." Mine - manager's Certificate of First [or Second] Class by Examination. § : This is to certify that [Full name, occupation, ~ : and residence] has by examination duly satisfied * : the Board of Examiners that he is entitled to '"o> : a mine-manager's certificate of the first [or « : second] class, and this first- [or second-] class 3 : certificate is hereby issued to him accordingly. | : Issued at Wellington, this day of .§i • , 1 , by the Board of Examiners. co : CD., A.8., Secretary. Chairman.
Form 74 (Eeg. 16). Under " The Mining Act, 1898." Mine - manager's Certificate of First [or Second] Class without Examination. \ This is to certify that [Full name, occupation, .. \ and residence], having duly satisfied the Board i 5 | of Examiners that he is the holder of a cor--2 : responding certificate of equal status, granted -a: '• after examination by [Name of authority] "Ig. I (being a duly constituted and recognised cb • authority outside New Zealand), this first- [or § [ second-] class certificate as mine-manager is | \ hereby granted to him accordingly without .551 •' examination. : Issued at Wellington, this day of ,1 ,by the Board of Examiners. CD., A.8., Secretary. Chairman.
Form 75 (Eeg. 16). Under "The Mining Act, 1898." Battery Superintendent's Certificate by [or without] Examination. [As in Forms Nos. 73 or 74, or with all necessary modifications.]
Form 76 (Eeg. 18). Under "The Mining Act, 1898." Application for Duplicate of Lost or Destroyed Document. To the Warden of the Mining District, at I, the undersigned [Full name of applicant] , of [Besidence and occupation], being the lawful holder of the miner's right [license, or other document] specified in the Schedule hereto, hereby apply for the issue of a duplicate thereof on the ground that the original has been lost or destroyed ; and in support of this application I do hereby solemnly and sincerely declare as follows :— 1. I am the lawful holder of the document above referred to, and it was lost [or destroyed] under the following circumstances : [Set out as far as known the date on which and the manner in ivhich the loss or destruction occurred]. 2. I have made diligent search for the said document, but have been unable to find it. 3. I have not, nor with my knowledge or consent has any other person, deposited the said document with any person for purposes of security or otherwise, and I verily believe it to be lost [or destroyed] . And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of " The Justices of the Peace Act 1882." THE SCHEDULE ABOVE REFERRED TO. [Set out the name of the document, the Act under which it was issued, the registration or other number and such other particulars as will suffice to identify it.] Declared by the said , at , this day of , 1 before me— J.P. [Solicitor, or other person authorised to take statutory declarations].
Date and Registered Number. Name of Mining Privilege. Date of Expiry of Term.
Period of Employment. Name of of mnl y employer. From i To Nature of Employment. Nature of Evidence in Writing.
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Form 77 (Eeg. 19). Under Section 109 of " The Mining Act, 1898." Claim setting forth Full Particulars of the Compensation that will be required in the Event of Watercourse being constituted and set apart for discharge of tailings. To the Minister of Mines, at Wellington. Whereas by notice published in the Gazette on the day of , 1 , it is stated that application has been made to His Excellency the Governor to constitute and set aside by Proclamation the watercourse described in Table A hereunder to be a watercourse into which may be discharged tailings, debris, and waste water produced by or resulting from mining operations : And whereas by the operation of such Proclamation, if made, the lands described in Table B hereunder, in which I have an interest, as described in Table C hereunder, will be damaged or injuriously affected by reason that [Here state items of claim, with a reference number to each, and give in each case full particulars of the nature and extent of each such item] : Now, therefore, this is to give, notice that in the event of such Proclamation being made I shall claim £ as compensation for all loss and damage arising from the operation thereof, which sum is made up as follows : — [Here state reference number and short £ s. d. heading of each item of claim previously detailed, and the amount claimed in respect of each such item separately.] Total claim ... Given under my at , this day of , 1 Claimant : [Christian name and surname in full]. Address : [Address in full] . TABLE A. [Here describe the watercourse, as in the Gazette notice.] TABLE B. [Here describe the area and situation of the lands affected, giving name of survey district and number and block of section, or other means of identification.] TABLE C. [Here state in full the nature of the interest, as owner in fee-simple, mortgagee, lessee, or occupier ; and if the lands are leased or encumbered, or subject to any easement, give particulars thereof.]
SECOND SCHEDULE.
SUBSTITUTED FORMS. Form 78 (Beg. 28). Application for Prospecting Warrant or License in Eespect of other than Native Land. To the Warden of the Mining District, at Pursuant to "The Mining Act, 1898," the undersigned [Full name, occupation, and residence],
hereby applies for a prospecting warrant [or ordinary prospecting license or tunnel prospecting license] in respect of the following land (being other than Native land) : — [Here specify and identify the land with reasonable particularity by reference to its area, situation, and ownership ; in the case of a tunnel prospecting license specify also starting and terminal points, estimated length, and proposed course of the tunnel.] Address for service : Date and number of miner's right: Dated this day of , 1 Signature of applicant : a!b. [Or, as the case may be, A.B. (by his Solicitor or Eegistered Agent, CD.).] Precise time of filing of the foregoing application : [e.g., 24th July, 1899, at 2.30 p.m.]. Time and place appointed for the hearing of the application and all objections thereto : [e.g., Thursday, 10th October, 1899, at 10 a.m., at Warden's Court at ]. Objections must be filed in Court and notified to applicant at least two- days before the day so appointed. , Mining Eegistrar.
Form 79 (Eeg. 28). Application for License for a Claim. Pursuant to "The Mining Act, 1898," the undersigned [Full name, occupation, and residence], hereby applies for a license for a special dredging claim [extended quartz claim, or otherwise as the case may be] , as specified in the Schedule hereto, in respect of the land therein referred to, which has been duly marked out for the purpose. Address for service : Date and number of miner's right: Dated this day of , 1
SCHEDULE.
[Signature of applicant.] Precise time, &c. [as in Form No. 78].
Form 80 (Eeg. 28). Application for Water-race. To the Warden of the Mining District, at Pursuant to " The Mining Act, 1898," the undersigned [Full name., occupation, and residence], hereby applies for a license for a water-race as specified in the Schedule hereto, the course whereof has been duly marked out for the purpose. Address for service : Date and number of miner's right : Dated this day of , 1 .
Locality where Land is situated, and its Area. Proposed Term of License. ipo en of ;ec Of t m >se< m ise 3d Style under i Proposed which Mode Claim is to of 3. be worked. Working. Remarks.
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SCHEDULE.
[Signature of applicant, etc.] Precise time, &c. [as in Form No. 78.]
Form 81 (Beg. 28). Application for License for Tail-race [or Main Tail-race.] [As in Form No. 80, with all necessary modifications, including Schedule as follows.]
Form 82 (Beg. 28). Application for License for a Dam. [As in Form No. 80, tvith all necessary modifications, including the following Schedule.]
SCHEDULE.
Form 83 (Eeg. 28). Application for License for Eesidence-site [or Specified Business Site] . [As in Form No. 80, with all necessary modifications, including Schedule as follows.]
SCHEDULE.
Form 84 (Eeg. 28). Application for License for Special Site. To the Warden of the Mining District, at Pursuant to " The Mining Act, 1898," the undersigned [Full name, occupation, and residence], hereby applies for a license for a special site, as specified in the Schedule hereto, in respect of the land therein specified, which has been duly marked out for the purpose. Address for service: Date and number of miner's right: Dated this day of , 1
SCHEDULE.
[Signature of applicant, etc.] Precise time, &c. [as in Form No. 78.] Form 85 (Eeg. 28). Application to surrender Mining Privilege absolutely. To the Warden of the Mining District, at Pursuant to " The Mining Act, 1898," the undersigned [Full name, occupation, and residence], being the holder of the mining privileges specified in the Schedule hereto, hereby applies to surrender the same absolutely, and not for the purpose of exchange. Dated this day of , 1 .
THE SCHEDULE ABOVE REFERRED TO.
The address for service is : [Signature of applicant, etc.] Precise time, &c.
Form 86 (Eeg. 28). Application to surrender Mining Privileges for Purposes of Exchange for Title under "The Mining Act, 1898." To the Warden of the Mining District, at Pursuant to "The Mining Act, 1898," the undersigned [Full name, occupation, and residence], being the holder of the mining privileges specified in the Schedule hereto, hereby applies to surrender the same, and to obtain in substitution therefor licenses for corresponding mining privileges under that Act. The address for service is : Dated this day of , 1
Locality of the Race, and of its Starting and Terminal Points. Length and Intended Course of Race. a © © rrt © © © Op a.q-i 2° Estimated Time and Cost of Construction. 3,-B .8 s P ? © r o 3 a fH 0 © © -P-g ■5.3 © all a ©r^j Purpose for which Water is to be used.
Locality of the Race, and of its Starting and Terminal Points. Proposed Term of License. Length and Intended Course of Race. Its Greatest Depth and Width. Estimated Time and Cost of Construction.
Locality of Dam. Proposed Term of License. Particulars of Dam. Purpose for which Dam is to be used. Length of dam wall : Greatest height of same : Breadth of same at base : Length and width of waterarea : Estimated time and cost of construction:
Locality where Land is situate, and its Area. Proposed Term of License. Remarks.
Locality where Special Site is situate, and its Area. Proposed Term of License. Purnose for Claim in conb ,,,'rt Special Site is to usea ' be used. t
Name of Privilege. %«*2$g Existing Instru- Whether ments of Title, Instruments with Dates and are produced Numbers. or not.
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THE SCHEDULE ABOVE REFERRED TO.
[Signature of applicant, etc.] Precise time, &c.
Form 87 (Eeg. 28). Under " The Mining Act, 1898." Application for Amalgamation of Claims. To the Warden of the Mining District, at Pursuant to " The Mining Act, 1898," the undersigned [Full name, occupation, and residence], being the holder of the claims described in the Schedule hereto, and being desirous of facilitating the working thereof, and simplifying the titles thereto, hereby applies for the amalgamation thereof into one claim. The address for service is : Dated this day of , 1
THE SCHEDULE ABOVE REFERRED TO.
[Signature of applicant, etc.] Precise time, &c. Form 88 (Eeg. 28). Application for Certificate of Protection. To the Warden of the Mining District, at Pursuant to "The Mining Act, 1898," the undersigned [Full name, occupation, and residence], hereby applies for a protection certificate for the period of in respect of the mining privileges particulars whereof are set out in the Schedule hereto. The address for service is : Dated at , this day of , 1
THE SCHEDULE ABOVE REFERRED TO.
[Signature of applicant, etc.] Precise time, &c,
Form 89 (Eeg. 28). Under "The Mining Act, 1898." License for Extended [or Special] Claim. License for [Set out class and subdivision of claim — e.g., Special Dredging Claim, Extended Quartz Claim, or otherwise, as the case may be.] Pursuant to the provisions of "The Mining Act, 1898," I, the undersigned, , Warden of the Mining District, do hereby grant to [Full name, occupation, and residence], this license for [Set out class and subdivision of claim as above], in respect of the land described in the First Schedule hereto, for a term commencing on the date hereof, and expiring on the 31st day of December, 1 , subject to the payment of the rent as specified in the Second Schedule hereto, and also to the reservations, terms, conditions, and provisions set out in the said Act or the regulations thereunder, and to such additional reservations, terms, conditions, and provisions as are specified by the Warden in the Third Schedule hereto. In witness whereof I have hereunto subscribed my name, and affixed the seal of the Warden's Court at , this day of , 1 . THE FIRST SCHEDULE ABOVE REFERRED TO. All that area of land in the Mining District, containing by admeasurement acres roods and perches, situate [Here set out section, block and survey district, and plan, if land is surveyed ; or, if unsurveyed, its situation, boundaries, and measurements]. THE SECOND SCHEDULE ABOVE REFERRED TO. (1.) A rental in respect of each acre or portion thereof at the rate of 2s. 6d. for the first, ss. for the second, and 7s. 6d. for each subsequent year of the term, the amount of the rental being, for the first year , for the second year , and for each subsequent year (2.) All payments in respect of the aforesaid rent have been duly made up to the last day of June [or December] next following the date of this license, and the subsequent payments 'are to be made by half-yearly instalments in advance, the first halfyearly instalment being due and payable in advance on the last day of June [or December] aforesaid. THE THIRD SCHEDULE ABOVE REFERRED TO. [Set out additional reservations, etc., if any.] , Warden.
Form 90 (Eeg. 28). Under "The Mining Act, 1898." License for an Ordinary Claim. [As in Form No. 89, omitting all references to rent or to the expiry of the term, and specifying the number of years of the term, and making all other necessary modifications.]
Form 91 (Eeg. 28). Under "The Mining Act, 1898." License for Mining Privilege in respect of Water. 1. Mining privilege for which this license is granted: e.g., Water-race, with right to divert sluice-heads out of a watercourse commonly known as for purposes of [Set out
So £ SSI'S »'SS§ gpn a<£ <a so g a 'A a g,« '3 o a ° © s CD o a .2 "S a +.) QQ if * "S © © 3 5fEH ce 3 H-hQiv _cc to t3 a ©43 % O c3a sh 2 *h Sa° 53 ©«3 sag r a a I? fend cc p a M ft o ■3 _) a-ca g.2'3 a - h o go CD B.9 a ° 9 •A ffl » s CD M EH a CD °3 CD H ° ft. a- S o ® Z< A ft
Claims proposed to be amalgamated. Number and Dates of Licenses or Certificates therefor. Area of each Claim. Amount expended on each Claim. Proposed Term of New License.
a o ,,h -s * •§ °> o a u o '£ 4= a .2-§£§-£ psa p, © © © O ,3 o a-a ■a o cd ■93 2 cS ag 2§a & Is r-n o „.a > flrS&H •£ en a+3 ~ <a ro c3 > © a t> ©13 8-a Jig •=* do© a *2 • s-g-a 4= CD Bq -" CD a, 2 OOCD.Q CD-g c? a <D en 0 g t* a .a a * H •ag o
41
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purposes], [or Main tail-race, Dam, Drainage-area, or otherwise, as the case may be]. 2. Description of the mining privilege, and of the land on which it is to be constructed, maintained, or used : As set forth in the First Schedule hereto. 3. Name, occupation, and residence of licensee : 4. Term of the license : A term of years, commencing on the date hereof. 6. Terms, conditions, reservations, and provisions subject to which the license is granted: Those of "The Mining Act, 1898," and the regulations thereunder, and also those set forth in the Second Schedule hereto. Pursuant to the provisions of " The Mining Act, 1898," I, the undersigned , Warden of the Mining District, do hereby grant to the above-named licensee this license for the [waterrace or otherwise], as specified herein, subject as herein mentioned. In witness whereof I have hereto subscribed my name, and affixed the seal of the Warden's Court at , this day of , 1 THE FIRST SCHEDULE ABOVE REFERRED TO. Description of the mining privilege and of the land: [Describe land and nature of the proposed work as set forth in application, modified, however, so as to accord with the grant, adding such other particulars as are necessary, including plan of land if surveyed]. THE SECOND SCHEDULE ABOVE REFERRED TO. [Set out additional reservation, etc., if any.] , Warden.
Form 92 (Eeg. 28). Under " The Mining Act, 1898." Business-site License granted without reference to any Specified Site. Pursuant'to the provisions of "The Mining Act, 1898," this business-site license is hereby granted to A.B. [Full name, occupation, and residence], authorising him to carry on in any mining district any business other than that of mining, and for that purpose entitling him to the exclusive occupation of the surface of an area of such land, not exceeding one-quarter of an acre, as may hereafter be specified hereon by the Warden under his hand and the seal of the Court. This license is granted for a term commencing on the date hereof and expiring on the last day of December, 1 , subject nevertheless to the payment in advance of an annual license-fee of £3, in manner specified in the Schedule hereto, and subject also to the terms, conditions, reservations, and provisions prescribed by the said Act and the regulations thereunder. Issued at , this day of , 1 THE SCHEDULE ABOVE REFERRED TO. All payments in respect of the aforesaid licensefee have been duly made up to the last day of June [or December] next following the date of this license, and the subsequent payments shall be made by half-yearly instalments in advance, the first such instalment being due and payable on the last day of June [or December] aforesaid. , Warden [Postmaster, or other officer authorised to issue miners' rights.] 6—l. 4a.
Form 93 (Eeg. 28). Under " The Mining Act, 1898." Business-site License granted with Eeference to a Specified Site. Pursuant to the provisions of "The Mining Act, 1898," I, the undersigned , Warden of the Mining District, being of the opinion that the land described in the First Schedule hereto is not required for mining purposes, and that the grant of this license will not interfere prejudicially with mining operations, do hereby grant to A.B. [Name in full] , of [Besidence and occupation] , this business-site license authorising him to carry on in any mining district any business other than that of mining, and for that purpose entitling him to the exclusive occupation of the surface of the land specified in the First Schedule hereto. This license is granted for a term commencing on the date hereof, and expiring on the 31st day of December, 1 , subject, nevertheless, to the payment in advance of an annual license-fee of £3, in manner specified in the Second Schedule hereto, and subject also to the terms, conditions, reservations, and provisions prescribed by the said Act and the regulations thereunder, and to such additional terms, conditions, reservations, and provisions as are specified in the Third Schedule hereto. In witness whereof I have hereunto subscribed my name, and affixed the seal of the Warden's Court at [Place], this day of , 1 the first schedule above referred to. [Describe land with reasonable particularity by reference to area, situation, and measurements.] THE SECOND SCHEDULE ABOVE REFERRED TO. [Set out Schedule to Form 92.] THE THIRD SCHEDULE ABOVE REFERRED TO. [Set out additional terms, etc., if any.] , Warden.
Form 94 (Eeg. 28). Under "The Mining Act, 1898." License for a Eesidence-site. Pursuant to the provisions of " The Mining Act, 1898," I, the undersigned , Warden of the Mining District, being of the opinion that the land described in the First Schedule hereto is not required for mining purposes, and that the grant of this license will not interfere prejudicially with mining operations, do hereby grant to [Full name of licensee], of [Besidence and occupation], this residence-site license in respect of the land specified in the First Schedule hereto, authorising him to reside on the said land, and to use and cultivate the same as a home. This license is granted for a term commencing on the date hereof, and expiring on the thirty-first day of December, 1 , subject, nevertheless, to the payment in advance of an annual license-fee of [Same as fee for a miner's right], in manner specified in the Second Schedule hereto, but so that he shall not for any period during which he is the holder of a miner's right be liable to pay the said licensefee ; and subject, further, to the terms, conditions, reservations, and provisions prescribed by the said Act and the regulations thereunder, and to such additional terms, conditions, reservations, and pro-
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visions as are specified in the Third Schedule hereto. In witness whereof I have hereunto subscribed my name, and affixed the seal of the Warden's Court at , this day of ,1 THE FIRST SCHEDULE ABOVE REFERRED TO. [Describe land as in Form No. 93.] THE SECOND SCHEDULE ABOVE REFERRED TO. [Set out Schedule to Form No. 92.] THE THIRD SCHEDULE ABOVE REFERRED TO. [Set out additional terms, etc., if any.] , Warden. Form 95 (Eeg. 28). Under " The Mining Act, 1898." License for a Special Site. Pursuant to the provisions of "The Mining Act, 1898," I, the undersigned , Warden of the Mining District, being of the opinion that the land described in the First Schedule hereto is not required for mining purposes, and that the grant of this license will not interfere prejudicially with mining operations, do hereby grant to [Name in full of licensee], of [Besidence and occupation], this special-site license in respect of the land specified in the First Schedule hereto as [Here state whether battery-site, machine-site,, site for the deposit or treatment of gold or tailings, or otherwise, as the case may be], in order to facilitate mining operations on any claim now or hereafter held by the licensee. This license is granted for a term of years, commencing on the date hereof, subject, nevertheless, to the terms, conditions, reservations, and provisions prescribed by the said Act and the regulations thereunder, and to such additional terms, conditions, reservations, and provisions as are specified by me, the said Warden, in the Second Schedule hereto.
In witness whereof I # have hereunto subscribed my name, and affixed the seal of the Warden's Court at , this day of , 1 THE FIRST SCHEDULE ABOVE REFERRED TO. [Describe land as in Form No. 93.] THE SECOND SCHEDULE ABOVE REFERRED TO. [Set out additional terms, etc., if any.] , Warden. Form 96 (Eeg. 28). Under "The Mining Act, 1898." License for a [Tunnel, Tramway, Boad, or other mining privilege for which no form is elsewhere provided]. Pursuant to the provisions of " The Mining Act, 1898," I, the undersigned , Warden of the Mining District, do hereby grant to [Full name, occupation, and residence], as licensee, this license, authorising the licensee to construct, maintain, and use the mining privilege specified in the First Schedule hereto for a term of years, commencing on the date hereof, subject to the terms, conditions, reservations, and provisions set out in the said Act or the regulations thereunder, and to such additional terms, conditions, reservations, and provisions as are specified in the Second Schedule hereto. In witness whereof, &c. THE FIRST SCHEDULE ABOVE REFERRED TO. Description of the Mining Privilege, and of the Land to which it relates. [Describe the privilege, land, and proposed work, as set out in the application — modified, however, so as to accord with the grant—adding such other particulars as are necessary.] THE SECOND SCHEDULE ABOVE REFERRED TO. [Set out additional terms, etc., if any.] , Warden.
Approximate Cost of Paper.— Preparation, not given ; printing (1,200 copies), £21 35.
By Authority: John Mackay, Government Printer, Wellington.—lB99.
Price Is.]
Permanent link to this item
https://paperspast.natlib.govt.nz/parliamentary/AJHR1899-I.2.4.3.7
Bibliographic details
GOLDFIELDS AND MINES COMMITTEE (REPORT OF, ON THE MINING REGULATIONS)., Appendix to the Journals of the House of Representatives, 1899 Session I, I-04a
Word Count
33,905GOLDFIELDS AND MINES COMMITTEE (REPORT OF, ON THE MINING REGULATIONS). Appendix to the Journals of the House of Representatives, 1899 Session I, I-04a
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