Gold Fields Regulations




104

or sums to be paid as may seem to them, or any two of them (and of whom the said Commissioner shall always be one), to be justly due to the persons who constructed the works.

  1. Upon any four or more persons applying for a road or crossing place over any gully, creek, quartz reef, tail race, or other obstruction, and guaranteeing that they will make the same if sanctioned, the Commissioner shall determine whether or not such road or crossing place is necessary, and shall make such order relative thereto as he may deem requisite; and no person shall in any way resist the making of any such road or crossing place after its formation shall have been authorised by the Commissioner: Provided that when a road shall have been formed on an occupied claim it shall be lawful for the holder or holders of such claim to work the ground over or through which the road passes, if he or they previously construct another road in lieu thereof, equivalent in value or usefulness in the opinion of the Commissioners to that proposed to be worked by him or them.

  2. No person shall hold more ground than he is entitled to, under Regulation No. 4, and in the event of his doing so the surplus ground may be taken and held by any other person; and no person shall hold any claim in reserve or non-worked beyond the space of 48 hours, and such proceeding will be considered as a relinquishment of right to any claim, however much previously worked: Provided that if sufficient reason, such as sickness, neglect of a hired servant, or some other urgent cause, can be shown to the satisfaction of the Commissioner on the claim becoming a subject of dispute, he may at his discretion, suspend for 15 days the operation of this regulation, as regards the period during which a claim may remain unworked or in reserve; but in such cases the suspension shall be given in writing. Which part of the claim shall be deemed surplus ground shall be decided by the Commissioner.

  3. No person shall be deemed to possess a valid title to any claim unless the same shall be fairly worked during the entire period of occupancy.

  4. Permission to retain a claim unworked may be granted by the Commissioner, and the same shall be thereon registered for such time as the Commissioner shall think fit, not exceeding the terms hereinafter mentioned. The causes and time for which a claim may be registered under this regulation shall be,

(1.) Any claim having been proved to the satisfaction of the Commissioner to have been worked by the party wishing to register for at least three months immediately preceding the application for Registration, and no payable quartz having been obtained from the claim for at least one month previous.—Three months.

(2.) Sickness.—Three months.

(3.) The claim having been sunk and worked to the water, the party being unable to overcome the same, the adjoining claims not being down to the water.—Three months.

(4.) Any claim, the holder of which intends to procure machinery for quartz crushing, or water baling, during the term of registration, and shall give security by bond or otherwise to the satisfaction of the Commissioner that he will procure such machinery within a time to be fixed by the Commissioner. Three months, and such further time written on removal as the Commissioner shall think fit, not exceeding in the whole 12 months, according to the description of machinery and the plan for which it was ordered.

(5.) Any river claim during fluming, race-cutting or other works for the benefit of the claim.—Three months.

  1. Application for permission to register must be made in writing to the Commissioner stating,

(1.) Date of application.

(2.) Situation of the Reef, and locality of the claim.

(3.) Reasons for registering.

All registered claims must be marked by a notice posted on a conspicuous part of the claim.

  1. A certificate of registration shall be given by the Commissioner on payment of a fee of 10s., for every claim so registered, such certificate shall describe the claims protected, and state the reasons for which the same is registered.

  2. Any party assigning any of the reasons above named, such not being true, shall not be protected in the possession of the claim by such registration.

  3. Any Reef Claim must be worked regularly every day by at least one-half of the party, until payable quartz is found, when the full number of men shall be employed on the claim. The claims of six are to be worked by three, those of eight by four, and so on in the same ratio.

  4. Any person may take possession of a claim supposed to be forfeited by its last authorised holder: Provided that if it shall be found upon reference to the Commissioner that the claim had not been legally forfeited the Commissioner shall replace such last authorised holder in possession.

  5. Claims may be transferred to any authorised person, but such transfer shall not be valid until it has been registered in the office of the Commissioner. The fee for registering the transfer of any claim shall be 10s. for every claim so registered.

  6. Any person holding a Quartz mining claim wishing to cut a tunnel through unoccupied ground shall be allowed 20 feet in breadth, as a protection for the water.



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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