Gold Fields Regulations




255

SUPERINTENDENT'S OFFICE, DUNEDIN,
7th October, 1861.

In exercise of the powers conferred on his Excellency the Governor in Council, by the 11th section of "The Gold Fields Act, 1858," and which have been delegated to me, I, JOHN LARKINS CHEESE RICHARDSON, Superintendent of the Province of Otago, do hereby issue the following Rules and Regulations, relating to the terms and conditions upon which Miner's Rights shall be granted; and generally for regulating Mining in the Gold Fields of the Province of Otago.

J. L. C. RICHARDSON,
Superintendent of the Province of Otago.

RULES AND REGULATIONS
OF THE
TUAPEKA GOLD FIELDS.

Interpretation.—Wherever the term "Commissioner" is used in these Regulations, it shall be understood to mean the Commissioner, Warden, or Resident Magistrate, or any other officer entrusted with the superintendence of the gold field or any portion of it, and holding a commission, duly empowering him to have charge thereof. The words "miner," "person," and "claim," shall be read as both singular and plural.

The word "miner," as used in these Regulations, shall mean an "authorized person" being the holder of a "Miner's Right," and no other.

The word "claim," shall be taken to apply to any authorized holding, but generally to claims held under "Miners' Rights."

  1. Issue of "Miners' Rights."—Every person residing on the gold field, and not being the holder of a business license, or lease, shall take out a Miner's Right from the Commissioner, for which he shall pay a fee of One Shilling. This will entitle him to the Electoral Franchise. Protection in the civil courts, and the Occupancy of his claim. Such Miner's Right to be carried on the person, and not to be transferable, though applicable to any part of the Province.

  2. *On its being proved to the satisfaction of the Commissioner that any miner has lost his Miner's Right, a duplicate Miner's Right will be issued upon payment of five (5) shillings.

  3. Extent and Position of Claims.—The extent of ground that shall be occupied in alluvial workings by any miner, in respect of a Miner's Right, shall be, whether for sinking, surface digging, tomming or cradling, or for sluicing on ground or plank, twenty-four (24) feet square. But the Commissioner may grant a claim of double that extent on ground which has been already worked.

  4. *Between each claim there shall be a partition of three feet, which is to be kept in its natural state. On special application, four claims may be united—two in front and two in rear—in which case, the partition between the claim and the next, shall be of the width of six feet.

  5. *A person desiring of taking up a claim, shall do so immediately adjoining a previous one, with the usual passage, or leave at least a complete claim and passage between.

  6. 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 two feet 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.

  7. Rights of Servants vested in Employers during Service.—If any person holding a Miner's Right shall hire himself to an employer for wages, the right to occupy the claim of such hired servant shall vest in the employer, during the period of such service.

  8. Copies of Written Agreements to be lodged with Commissioner.—When any Mining Partnership is entered into by a written agreement, a copy of such agreement shall be lodged in the office of Commissioner.

  9. Beds of Streams may be laid bare.—Any person with consent of the Commissioner may lay bare the bed of any river by diverting the stream by other means, but ground intended to be so laid bare must be marked off by stakes, and the stream returned to its natural channel immediately below the working.

  10. Such Works not to be obstructed.—No person shall on any pretence in any manner interfere with such work, either in progress or completed; nor do anything to prevent the object proposed to be accomplished thereby.

  11. 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, paying 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 the Assessors, one to be appointed by each of the parties concerned, to award such sum or sums, as to them shall seem fit, 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.

  12. Works not to be injured by the careless felling of Trees.—If any person shall fell any tree or timber, either intentionally or by undermining, or other means, he shall remove the same, in 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.

  13. 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, if such road shall have been authorized 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 pass the ground over or through which the road passes, if he or they previously construct another road in lieu thereof, and equivalent in point of usefulness to that proposed to be worked by him or them.

PROSPECTING.

  1. Additional Claims as a Reward for Prospecting.—For the encouragement of prospecting, persons discovering new gold workings may have allotted to them, by special sanction, an area of ground equal to double the ordinary area of a mining claim, provided the discovery be reported to the proper authority without unnecessary delay. For the purpose of this regulation, a new locality shall be taken to mean ground previously unworked, and capable of affording employment to not less than fifty Miners.

  2. Discontinuing Working of Claim—same to be forfeited.—No miner or party of miners



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Online Sources for this page:

PDF PDF Otago Provincial Gazette 1861, No 153





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🌾 Rules and Regulations for the Tuapeka Gold Fields

🌾 Primary Industries & Resources
7 October 1861
Gold Fields, Mining, Tuapeka, Regulations, Miner's Rights, Otago
  • John Larkins Cheese Richardson, Superintendent of the Province of Otago