Mining Regulations




59

or privilege whatsoever, (unless the same
shall have been absolutely relinquished)
without first obtaining the consent of the
owners, or the authority of the Warden.

6.—Penalty may be substituted for Forfeiture.

In all cases wherein forfeiture is decreed
by these Regulations, it shall be lawful for
the Warden to substitute a monetary penalty
in lieu thereof, and to allow thereout a sufficient sum to defray any reasonable expenses
incurred by the plaintiff in the prosecution
of his suit.

7.—Compensation may be Adjudged.

In all cases of forfeiture, the Warden may
adjudge compensation to be paid by the
person to whom any claim or right may be
awarded by the former owner or holder
thereof, and to appoint a time within which
such payment shall be made: Provided that
such compensation shall not exceed in amount
two-thirds of the estimated value of any
work actually performed thereon or in connection therewith.

8.—Permission to enter Claims.

The Warden shall have power to authorise
the entry of any surveyor or assessor into
and upon any claim for the purpose of
measuring the depth of any shaft, or the dip,
direction, inclination, or length of any tunnel
or drive.

9.—Notices to contain full particulars.

All notices tendered or posted in conformity
with these Regulations must contain
the name in full of each member of the party,
together with date, number, and place of
issue of his Miner's Right.

10.—Notices to be posted at the Warden's
Offices.

Copies of all notices given in conformity
with these Regulations shall be posted by the
Warden at his office, and exhibited on the
outside thereof during the currency of such
notice: Provided that non-compliance with
this rule shall not invalidate the proceedings
in relation to any application.

11.—Warden to be Judge of Objections, &c.

The Warden shall in all cases be the sole
judge of the validity of objections to the
issue of any Certificate of Registration, and
also of what is a “reasonable time” for the
performance of any work when no fixed
period is provided by these Regulations.

12.—Certificate may be cancelled.

If any certificate shall have been obtained
by misrepresentation, or if any of the prescribed conditions have not been duly complied with, the Warden may, upon proof
thereof, cancel such certificate, or make such
other order therein as may appear to be just
or equitable.

13.—Neglect of Warden’s Orders.

Any person who shall neglect or refuse to
comply with any written notice or order of
the Warden, duly served, and in conformity
with these Regulations, shall be deemed to be
guilty of a breach thereof, and liable to the
penalties imposed by the 53rd Section of the
“Gold Fields Act, 1862.”

14.—Survey in absence of a Mining Surveyor.

Wherever it is required by these Regulations that a survey should be made, if there
be no Mining Surveyor within the district,
the Warden may authorise and appoint any
capable person to make the necessary survey;
and such survey shall, for all the purposes of
the Regulations, be taken and accepted as, or
in lieu of survey, by an appointed Mining
Surveyor.

15.—Transfer of Claims, &c.

Any claim, right, or privilege held under
these Regulations may be transferred or
assigned; but where it is provided that any
such claim, right, or privilege must originally
be registered, the transfer or assignment
thereof must also be registered.

16.—Suspension of Regulations.

If any portion of the Rules and Regulations of the Canterbury Gold Fields shall be
deemed to be inapplicable to the requirements of any district, the Superintendent
may, if he shall think fit, upon the receipt of
a memorial to that effect, signed by holders
of Miners’ Rights and Business Licenses
residing in such district, suspend the operation of any Regulation, or section of a Regulation, so far as such district is concerned,
and may again annul such suspension, and
renew the operation of such regulation or
section, or may substitute others in lieu
thereof.

Given under my hand, and issued under
the Public Seal of the Province of
Canterbury, at Christchurch, this
Sixth day of March, One thousand
eight hundred and sixty-five.

(L.S.)

S. BEALEY,
Superintendent.

By His Honor’s command,
WM. ROLLESTON,
Provincial Secretary.



Next Page →



Online Sources for this page:

VUW Te Waharoa PDF Canterbury Provincial Gazette 1865, No 10





✨ LLM interpretation of page content

🌾 Rules and Regulations for the Canterbury Gold Fields (continued from previous page)

🌾 Primary Industries & Resources
6 March 1865
Gold Fields, Mining, Regulations, Canterbury, Miner's Rights, Claims, Prospecting, Extended Claims, Special Sites, Machinery, Tailings, Surveying, Forfeiture, Penalties
  • S. Bealey, Superintendent
  • WM. ROLLESTON, Provincial Secretary