β¨ Mining Regulations Clauses
220
Signatures in full
of each person.
Numbers of
Miner's Rights,
Number of claims
proposed to be
amalgamated.
Class of claims.
THE NEW ZEALAND GAZETTE.
Area of claim held
by each party.
Rights of Servants vested in Employers
during Service.
12. If any person holding a Miner's right
shall hire himself to any employer for wages,
the right to occupy the claim of such hired
servant shall vest in the employers during
the period of such service.
Claims not to be forfeited by neglect of
hired Workmen.
No claim, right, or privilege shall be
deemed to be forfeited through the ne-
glect or absence of any hired servant em-
ployed thereon; Provided that if, after
seven days' notice in writing of such neglect
or absence has been given to the owner or
holder thereof (either personally or by leav-
ing the same at his last known place of
residence), such neglect or absence is con-
tinued, any such claim, right, or privilege
shall be deemed absolutely relinquished.
Copies of written agreements to be lodged
with the Commissioner.
13. When any mining partnership is en-
tered into by a written agreement, a copy of
such agreement to be lodged in the office of
the Commissioner when required.
Road and Water Rights to be respected.
14. If a cart track shall have been formed
over any abandoned claim, such track shall
not be destroyed or obstructed by any person
intending to re-work the ground, unless they
shall previously make another track in lieu
thereof.
-
If any person shall take possession of
unoccupied ground over which water escapes
from an occupied claim, he shall not obstruct
the flow thereof so as to throw it back upon
the claim from which it escapes. But any
miner, with the consent of the Commissioner,
may lead water through or over an occupied
claim, whether such claim is held under a
Miner's Right, License, or Lease; provided
that such water shall not be led in such a
manner as to injuriously affect the interests of
the occupier of any such claim, but shall be
subject to the approval of the Commissioner,
and be done in such a way as to be fair to
all persons concerned. -
Any person, with the 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
immediately below the workings without
detriment or damage to any claims adjacent.
17. No person shall obstruct, nor in any
manner interfere with, such workings either
in progress or completed: nor do anything
to prevent the object proposed to be accom-
plished thereby.
18. If any person shall fell any tree or
timber, either intentionally or by undermin-
ing, 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 so as to cause an obstruction, he shall,
on demand of the occupier of such claim, im-
mediately remove the same. Mill dams,
however, in present use, are required to be
respected; and all disputes arising on the
same to be specially decided by the Commis-
sioner.
Right to Surplus Ground on Creek Claims
19. 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, paying to the party who con-
structed 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 the As-
sessors, to award such sum 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.
Right of Road" over Claims.
20. Upon any four or more persons ap-
plying 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 Com-
missioner 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. Pro-
vided 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 previ-
ously construct another road in lieu thereof,
and equivalent in value or usefulness to that
proposed to be worked by him or them.
Discontinuing Working of Claim, the same
to be forfeited.
21. No Miner or party of Miners shall at
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β¨ LLM interpretation of page content
πΎ
Continuation of Coromandel Gold Fields Rules regarding claim dimensions and staking
(continued from previous page)
πΎ Primary Industries & Resources15 June 1863
Mining regulations, Claim rights, Water rights, River bed, Timber removal, Road crossing, Forfeiture, Commissioner
NZ Gazette 1863, No 23