✨ Mining regulations and rules
117
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Claims to be staked out.—Every claim must be distinctly marked by pegs, driven firmly into the ground, one at each corner thereof, and standing at least one foot above the surface of the ground, and all to be kept clearly visible so long as the claim is occupied. Provided that when any corner cannot be so marked, on account of the nature of the ground, such peg to be fixed at the nearest practicable point.
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Rights of Servants vested in Employers during Service.—If any person or persons holding miners\' rights shall hire himself or themselves to employers for wages, the right to occupy the claim or claims of such hired servants shall vest in the employers during the period of such service.
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Reversion of Right on Close of Service.—If the claim so worked on hire by any servant shall have been occupied by himself previous to the commencement of service, it shall, on the termination thereof, at once revert to him; but if not, then he shall have no title to occupy it, unless the employer fail to engage another holder of a miner\'s right to occupy it within one week.
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Copies of Written Agreements to be lodged with the Commissioner.—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.
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On Refusal of Member of Association to pay Share of Expenses incurred, a Portion of his Claim may be sold.—If any member of an association or party shall refuse for one month to pay his fair share or proportion of any expenses incurred in carrying on the digging or mining operations of the party or association to which he belongs, his partners or associates may complain to the Commissioner, and in the event of such refusal or incompetency to pay being proved, it shall be lawful for the Commissioner to cause any portion not exceeding one-half of the claim of such person so refusing to be sold by public auction, to defray his share of the expenses.
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Beds of Streams may be laid bare.—Any person, with 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 below the workings.
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Such Works not to be obstructed.—No person shall obstruct, or in any manner interfere with such work, either in progress or completed; nor do anything to prevent the object proposed to be accomplished thereby.
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Right to Surplus Ground.—If more ground shall be laid bare than the number of miners\' rights 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, payment 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 two assessors, one to be appointed by each of the parties concerned, to award such sum or sums to be paid as may seem to them, or any two of them, and of which the said Commissioner shall always be one, to be justly due to the persons who constructed the works.
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Works not to be injured by the careless felling of Trees.—If any person shall fell any tree, log, 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 to an adjoining claim, he shall, on demand of the occupier of such claim, immediately remove the same.
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Right of Road over Claims, &c.—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, and equivalent in value or usefulness to that proposed to be worked by him or them.
PROSPECTING.
- Additional Claims as a Reward or Prospecting.—As a reward for the discovery of gold in any new locality, the Commissioner may in his discretion allot to any miner or party of miners discovering the same, in addition to the claims which each individual would be entitled to, any number of claims not exceeding five, if the discovery
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Rules and Regulations for the Golden Bay Gold-fields
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🌾 Primary Industries & ResourcesGolden Bay, Gold-fields, Mining regulations, Miners' Rights, Claims, Prospecting
Nelson Provincial Gazette 1863, No 28