920

THE NEW ZEALAND GAZETTE.

DREDGING CLAIMS. 15.

15. (a.) Ordinary Claims.—In dredging claims each holder of a miner's right shall be entitled to 3 chains or 198 feet along the course of any river or stream, by a width bounded by ordinary high-water mark; but not more than 30 chains or 1,980 feet along the course of any river or stream shall be held as one claim, except as hereinafter provided for prospecting claims.

(b.) Prospecting Areas.—The Warden may, upon the application of any person or persons, grant a prospecting area for dredging on any river or stream not exceeding 160 chains or two miles along the course of any such river or stream, by a breadth bounded by ordinary high-water mark; provided that no prospecting area shall be granted within ten miles of any ordinary or prospecting dredging claim.

(c.) Time allowed to erect Machinery.—Three months shall be allowed from the date of granting a prospecting area as provided in the foregoing clause to place dredging machinery on the claim, and three months additional shall be allowed to prospect the river or stream within the said prospecting area.

(d.) Prospecting Claim to be taken up.—Before the expiration of six months from the date of granting a prospecting area the holder or holders of said prospecting area shall mark out a prospecting claim in the manner provided in clause 5 of the regulations aforesaid, made under “The Mines Act, 1877,” and such prospecting claim shall not exceed 80 chains or one mile in length along the course of any river or stream, by a width bounded by ordinary high-water mark; and he or they shall make application to the Warden of the district to have the same granted, and, after hearing the said application and objections, if any, the Warden may grant or refuse the same.

(e.) Prospectors to report Discovery of Payable Gold.—The holder or holders of any prospecting area shall, within three days from the date of the discovery of payable wash-dirt, report the same to the Warden of the district, or, failing to do so, the Warden may, upon sufficient evidence, declare the right of the said holder or holders to a prospecting claim forfeited, and may refuse the same.

GENERAL REGULATIONS.

114. Working Ground occupied for Races, &c., Mode of Arbitration.—Any person desirous of working the ground which is occupied by any race or tunnel, or portion of a race or tunnel, or which is occupied and held under these regulations for any dam, reservoir, puddling-machine, special site, residence-area, site for business purposes, tent-ground, or other purposes, shall apply in writing to the Warden, who may permit such person to enter upon and work the said ground: Provided that compensation shall first be paid to the holder or occupier, and the amount of such compensation may be settled by arbitration, or, in the case of a race or tunnel, by first providing an equally good race or tunnel for the use of the occupier; but it shall be optional with the person working the ground either to construct a new race or tunnel, or to pay the amount of compensation adjudged, and, if he elect to construct a new race or tunnel, the same shall be subject to the approval of the Warden, or Warden and Assessors, in the event of dispute, or, at the option of either party, to arbitration.

In all cases where arbitration is permitted by these regulations, an arbitrator shall be appointed by each party in writing, and a third arbitrator shall be chosen by the two first-appointed arbitrators before they shall enter upon the reference, and each party shall sign an agreement of reference in the form hereinafter prescribed by Schedule K; and if any arbitrator that may be appointed shall die, refuse, or neglect to act, another person shall forthwith be appointed to supply the place of the person so dying, refusing, or neglecting to act, in the same manner as such last-mentioned person was appointed, and the award of such arbitrators or any two of them may be enforced in the same manner as an award in the Warden's Court.

127. Machinery, Plant, or Necessary Works, to represent Labour.—In all claims where machinery, plant, or necessary works are erected or constructed, such machinery, plant, or necessary works shall, for the purpose of occupying the said claim, represent one man for the first three hundred pounds, two men for the first six hundred pounds, and for every one hundred and fifty pounds additional, up to three thousand pounds, one additional man, for the capital expended in procuring, erecting, or constructing the said machinery, plant, or necessary works; provided that there shall not be less than one man actually employed on every two acres or fractional part of that area so held as a claim: but, should any dispute arise in reference to the amount so expended, the onus of proof of such expenditure shall lie with the holder or holders of such claim on which the said machinery, plant, or necessary works are erected or constructed.

SCHEDULE K.

FORM OF ARBITRATION.

MEMORANDUM of an agreement made this day of , A.D., 18 , between , carrying on business together in copartnership at [or as the case may be] aforesaid as miners, under the style of and party, of the one part, and , also carrying on business together in copartnership at [or as the case may be] aforesaid as miners, under the style of and party, of the other part: Whereas certain differences and disputes have arisen and are still pending between the said parties, it is agreed by and between them that the same shall be referred to the award, order, and final determination of , of and , of , as arbitrators, and of such third arbitrator as the said two first-appointed arbitrators shall, by writing under their hands, indorsed on these presents before they enter upon the consideration of the matters referred, nominate and appoint to act with them, so as the said three arbitrators or any two of them shall make and publish their award in writing under their hands of and concerning the matters referred, ready to be delivered to the parties or either of them on or before , the day of next, or on or before such further day to which the said arbitrators or any two of them may, by writing under their hands, to be indorsed on these presents, from time to time extend the time for making the said award. And it is further agreed that the cost of the reference and award shall be in the discretion of the said arbitrators or any two of them, who may direct to and by whom and in what manner the same or any part thereof shall be paid. And it is further agreed that this submission may be enforced by action in the Warden's Court or may be made a rule of the Supreme Court of New Zealand, at the instance of either of the parties hereto; and that the witnesses on the reference and the parties hereto (if examined) shall be examined on oath; and that the said arbitrators shall be at liberty to proceed ex parte in case either party, after reasonable notice, shall at any time neglect or refuse to attend on the reference without having previously shown to the said arbitrators what the latter shall consider good and sufficient cause for omitting to attend; and that the parties respectively shall produce before the arbitrators all books, deeds, papers, accounts, vouchers, writings, and documents within their possession or control which the said arbitrators may require and call for as in their judgment relating to the matters referred; and that the parties respectively shall do all other acts necessary to enable the said arbitrators to make a just award; and that none of them shall wilfully and wrongly do or cause to be done any act to delay or prevent the said arbitrators from making their award. And it is further agreed that the said parties, their executors and administrators, shall, on their respective parts, in all things stand to, obey, abide by, perform, fulfil, and keep the award so to be made and published as aforesaid.

In witness whereof the said parties to these presents have hereunto set their hands the day and year first aforesaid.

(Signed.)

Signed by the above named , in the presence of

As witness the hand of His Excellency the Governor, this thirtieth day of July, one thousand eight hundred and eighty-five.

W. J. M. LARNACH.

Ranger under “Animals Protection Act, 1880,” appointed, Lakes District.

Colonial Secretary's Office,

Wellington, 25th July, 1885.

HIS Excellency the Governor has been pleased to appoint

THOMAS TALL

to be a Ranger under “The Animals Protection Act, 1880,” within the Lakes District.

P. A. BUCKLEY.

Officer under “Salmon and Trout Act, 1867,” appointed, Otago.

Colonial Secretary's Office,

Wellington, 25th July, 1885.

HIS Excellency the Governor has been pleased to appoint

THOMAS TALL

to be an Officer, under “The Salmon and Trout Act, 1867,” for the Management and Protection of Salmon and Trout within the Provincial District of Otago.

P. A. BUCKLEY.