Gold-fields mining regulations




be within a known gold mining district, and
not exceeding ten if at a distance of five
miles from the limits of any known gold
mining district; such claims shall, however,
be taken in conjunction, and if practicable
be measured in a rectangular block. For
the purpose of this regulation, a new locality
shall be taken to mean ground previously
unworked, and capable of affording employ-
ment to not less then fifty miners.

FORFEITURE AND REGISTRY.

18. Seven Days\' Absence to forfeit Claim.
—Any person discontinuing the working of
his claim for seven consecutive days shall be
considered to have forfeited such claim, ex-
cept as hereinafter provided.

19. Jumping, or taking Possession of for-
feited Claim.
—Any holder of a miner\'s right
may take possession of a claim legally for-
feited by its last occupant. Provided that if
it shall be found, on reference to the Com-
missioner, that the claim had not been legally
forfeited, or that the holder was absent from
causes beyond his control, the Commissioner
shall replace such occupant in possession.

20. Claim during Absence may be regis-
tered.
—If any person shall satisfy the Com-
missioner that he has reasonable cause for
longer discontinuance than seven days, the
Commissioner may register his claim; and
such protection as aforesaid shall be granted
to him upon such registration for a term not
exceeding three months. Provided that no
person so discontinuing under this or the
preceding regulation shall have any right to
occupy any other claim during such absence.

21. Claim not forfeited by necessary Sus-
pension of Working.
—If any person shall
find it impossible to continue the working of
his claim, from flooding of rivers, scarcity of
water, or other natural causes, over which he
has no control, on proving to the satisfaction
of the Commissioner that such obstruction
actually exists, he may be allowed to register
his claim with the Commissioner for a term
not exceeding three months, during which
time he shall be entitled to occupy a claim
elsewhere. Provided that if any claim so
registered shall at any time prove workable
or the natural cause or impediment be re-
moved, it shall be lawful for the Commis-
sioner, on the complaint of four miners that
such claim, although registered, is remaining
unworked, and that it is practicable to work
it, to inquire into the same, and, on sufficient
proof being given that such is the case, to
cause the holder of such registered claim to
commence to work the same within seven
days after the service of a written notice on
him so to do, on penalty of forfeiture to the
persons complaining.


22. Notice of intended Registration must be
given.
—Any person who desires to register
his claim shall give one week\'s notice of his
intention to the Commissioner, unless urgent
business compels an immediate registration.

23. Fee for Registration of Claims.—The
fee charged for registering claims shall be
one pound (£1) for every claim so registered,
except in the case of any person unable to
work from sickness, or by being in attendance
at any court of justice, when the claim of
such person will be registered free of any fee
or charge whatsoever, but only for the period
during which such person is suffering from
sickness, or whilst he is attending such court
of justice.

24. Claims registered to be advertised.—All
claims which are registered shall be adver-
tised in one of the local newspapers.

25. Registered Claims to be marked.—The
holder of any registered claim shall, previous
to leaving it, drive a strong stake into the
centre of his claim, to which a board must
be attached, with the name of the holder and
the words "Registered Claim" written on it.

WATER PRIVILEGES.

26. What constitutes a Water Privilege or
Right.
—A water privilege shall mean the
right to convey by means of a race cut in
the ground, or in boxes, leads, or pipes, or
in any other manner, a specified quantity of
water to any locality. Such water shall be
measured by a plank sluice head, having a
sectional area of twelve inches by one, with
a fall of one in twelve; ground sluice heads
shall have twice that sectional area. The
water privilege will be considered as distinct
from the ground claim, and, with the Com-
missioner\'s consent, may be held in connec-
tion with fresh claims.

27. Applications to be made to the Com-
missioner.
—Applications for water privileges
or rights, or for permission to cut races for
sluice washing, or to erect dams, or to lead
water for domestic purposes, must be made
in writing to the Commissioner, who will not
grant such privilege or permission if, in his
opinion, the public interest would be inju-
riously affected by a compliance with such
application; and in any case where any such
water privilege shall have been granted, the
water must be allowed to return to the ordi-
nary channel whenever the Commissioner
shall so direct.

28. Right to Surplus Water.—Persons
wishing to divert water from races for the
purpose of gold mining, may be permitted
by the Commissioner to use the surplus water
on payment to the proprietor of the race
such sum or sums as shall be awarded by the
said Commissioner and two assessors, to be



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Online Sources for this page:

PDF PDF Nelson Provincial Gazette 1863, No 28





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🌾 Rules and Regulations for the Golden Bay Gold-fields (continued from previous page)

🌾 Primary Industries & Resources
Golden Bay, Gold-fields, Mining regulations, Forfeiture, Registry, Water privileges, Claims