Gold Fields Regulations




103

baling water, and thereby benefiting the claims adjoining or near to such claim, the last-named claim holders shall, while working their claims contribute a fair and reasonable sum weekly or otherwise to such water-baling machinery. The amount to be decided by two assessors, one to be appointed by the owners of the said machinery and one by the representatives of the claims alleged to have derived or to be about to derive a benefit.

  1. If the owners of any claim by improper management or otherwise shall damage any claim adjacent, the person receiving such damage shall be entitled to compensation for the same; and on the request of the owner or owners of any claim, who shall have reasonable grounds for suspicion that his or their claim is receiving damage from the working of any claim adjoining, the Commissioner shall grant permission for the inspection of such claim; and on proof that any damage is likely to occur, the working of such claim shall be suspended until the case shall have been decided by two Assessors, one to be appointed by the owners of the claim which has received or is likely to receive damage from improper workings, and one to be appointed by the person supposed to be injuring such claim. The decision of such Assessors shall be final.

  2. The Assessors to be appointed in the foregoing cases shall be taken from persons not interested in any way in the claims to be affected by their decision, and shall be named in writing to the Commissioner within 48 hours after request made by the Commissioner on that behalf.

  3. In the event of the Assessors in any case not being appointed or not coming to a decision within five days, the decision shall be left to the Commissioner.

  4. The amount assessed in any of the foregoing cases will be summarily recoverable in the Resident Magistrate or Warden’s Court.

  5. The pay of each Assessor shall be fifteen shillings (15s.) per day, and shall be paid by the person against whom the decision is given.

  6. If any person holding a Miner’s Right shall hire himself to any employer for wages, the right to occupy the claim of such hired servant shall vest in the employers during the period of such service; provided always that any claim belonging to a servant shall revert to him on expiry of his service.

  7. No claim, right, or privilege shall be deemed to be forfeited through the neglect or absence of any hired servant employed thereon; provided that if, after 21 days’ notice in writing of such neglect or absence has been given to the person owning or holding the claim either personally or by leaving the same at his last known place of residence, or at the Registered Office of Joint Stock Companies, such neglect or absence is continued, any such claim, right or privilege shall be deemed absolutely relinquished.

  8. When any mining partnership is entered into by a written agreement, a copy of such agreement shall be lodged in the office of the Commissioner when required; and in the case of Joint Stock Companies, notice shall be given of the formation, name, officers and office of each Company.

  9. If a cart track shall have been formed over any abandoned claim, such track shall not be destroyed or obstructed by any person intending to re-work the ground, unless they shall previously make another equally useful track in lieu thereof.

  10. If any person shall take possession of unoccupied ground over which water escapes from an occupied claim, he shall not obstruct the flow thereof so as to throw it back upon the claim from which it escapes. But any miner with the consent of the Commissioner may lead water through or over an occupied claim, whether such claim is held under Miner’s Right, License or Lease, provided that such water shall not be led in such a manner as to injuriously affect the interests of the occupier of any such claim, but shall be done in such a way as in the opinion of the Commissioner is fair to all persons concerned.

  11. Any person, with the consent of the Commissioner may lay bare the bed of any river, either by diverting the stream or by other means, but ground intended to be so laid bare must be marked off by stakes, and the stream returned into its natural channel immediately below the workings without detriment or damage to any claim adjacent.

  12. No person shall obstruct nor in any manner interfere with such workings either in progress or completed; nor do anything to prevent the object proposed to be accomplished thereby.

  13. If any person shall fell any tree or timber, either intentionally or by undermining, or other means, he shall remove it beyond the reach of floods, so that it may not be drifted down any stream. If any person shall fell timber on an adjoining claim so as to cause an obstruction, he shall, on demand of the occupier of such claim immediately remove the same. Mill dams, however, in present use, are required to be respected; and all disputes arising respecting the same shall be specially decided by the Commissioner.

  14. If more ground shall be laid bare than the number of Miner’s Right held by the party shall entitle them to occupy, they shall be allowed one week from a notice thereof by the Commissioner to place thereon as many holders of Miners’ Rights as they shall think fit; after which time any miner may occupy the surplus ground if there then remain any, paying to the party who constructed the works a fair proportion of the expense incurred in diverting the stream. In the event of a dispute arising as to the amount to be paid, it shall be lawful for the Commissioner, in conjunction with Assessors, (one being appointed by each party) to award such sum.



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Online Sources for this page:

VUW Te Waharoa PDF Auckland Provincial Gazette 1865, No 13





✨ LLM interpretation of page content

🌾 Proclamation altering Gold Fields Regulations (continued from previous page)

🌾 Primary Industries & Resources
30 May 1865
Proclamation, Gold Fields, Regulations, Coromandel, Auckland