Gold Fields Regulations and Penalties




protection for the same for one (1) year, at the expiration of which time the Warden may if he deem it necessary renew such protection for another year; but no protection shall be granted to any person for a period exceeding two (2) years.

  1. Neglect of Warden’s orders.

Any person who shall neglect or refuse to comply with any notice or order of the Warden, duly served and in conformity with these Regulations; and any person committing any breach, whether by way of omission or commission, of any of the Rules and Regulations made under the authority of the “Gold Fields Act, 1866,” shall for every such breach be liable to a fine or penalty not exceeding ten pounds (£10) for the first offence, and twenty pounds (£20) for any second or subsequent offence.

  1. Suspension of Regulations.

If any portion of the Rules and Regulations of the 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 annual such suspension, and renew the operation of such Regulation or Section, or may substitute others in lieu thereof.


EXTRACTS FROM “THE GOLD FIELDS ACT, 1866.”

PART XI.—PENALTIES.

  1. Penalty on person mining without Miner’s right.

Any person not being the holder of a Miner’s Right or of a gold mining lease under this Act who shall mine for gold upon any proclaimed gold-field and any person who shall employ any such unauthorised person so to mine and any person not being the holder of a Miner’s Right or license or lease duly empowering him in that behalf and not being an authorised person within the meaning of this Act who shall occupy or carry on any business upon any Crown Lands within any proclaimed gold field shall be liable to the penalties following that is to say for the first offence a sum not exceeding five pounds for the second or any subsequent offence a sum not exceeding ten pounds nor less than five pounds with imprisonment in some gaol there to remain for any time not exceeding one calendar month for every five pounds or fractional part of five pounds so to be paid. Provided always that in any case where a Miner’s Right or Business License may have been lost or destroyed the existence of such right or license may be proved by reference to the books of the Receiver of Gold Revenue of the district wherein such right or license may have been issued and in such case a certificate shall be granted to the holder of such right or license securing to him all the privileges held under such right or license until the due expiration of the same and for which the fee of one shilling shall be paid in the case of a Miner’s Right and five shillings in the case of a Business License and a statutory declaration shall in all such cases be made as to identity and the facts of the case.

  1. Penalty on personation or misrepresentation.

If any person shall use or exhibit any forged Miner’s Right license or lease issued or purporting to be issued under the authority of this Act knowing the same to be forged or if any person shall fraudulently personate the holder of any such Miner’s Right license or lease or shall falsely and fraudulently represent that any servant or other person is an authorised person within the meaning of this Act or shall fraudulently use or exhibit as his own any Miner’s Right license or lease belonging to or granted to any other person or shall use or exhibit as valid a Miner’s Right license or lease which shall have expired he shall be liable to a penalty for every such offence not exceeding fifty pounds or imprisonment with or without hard labour not exceeding one year or both at the discretion of the Court.

  1. Penalty of breach of rules.

Every person committing any breach whether by way of omission or commission of any of the Rules or Regulations made under the authority of this Act shall for every such breach be liable to a fine or penalty not exceeding ten pounds for the first offence and twenty pounds for any second or subsequent offence.

  1. Penalty for working claim under suspension.

If any person after having been ordered to suspend the working of any claim as hereinbefore provided shall work such claim he shall be liable to a penalty not exceeding twenty pounds.

  1. Incapacity to sue without Miner’s Right.

Notwithstanding anything hereinbefore contained no person shall be entitled to institute proceedings in any Court holden under this Act or in any other Court to recover possession of any land which such person is entitled to or is entitled to occupy by virtue of the provisions of this Act or of any share in such land or to recover damages for or to restrain the occupation of or encroachment upon such land or any part thereof or to obtain any relief as tenant in common joint tenant co-partner or co-adventurer against his tenant in common joint tenant co-partner or co-adventurer or to recover any interest or part interest in any water-race dam or reservoir unless such person shall have been the holder of a Mining or Agricultural Lease Business License or Miner’s Right at the time when his alleged title to recover such possession or damages or interest or to obtain such relief first arose or accrued.



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Online Sources for this page:

VUW Te Waharoa PDF Canterbury Provincial Gazette 1867, No 82





✨ LLM interpretation of page content

🌾 Quartz Claims Regulations (continued from previous page)

🌾 Primary Industries & Resources
Quartz claims, Protection, Warden, Orders, Penalties, Suspension, Regulations

🌾 Penalties under The Gold Fields Act, 1866

🌾 Primary Industries & Resources
Mining, Penalties, Miner's Right, Personation, Breach of rules, Suspension