86

as aforesaid of the said Colony, by and with the advice and consent of the Executive Council thereof, and in exercise of the power and authority in him vested for that purpose, did thereby delegate absolutely and without restriction unto me, John Larkins Cheese Richardson, as Superintendent of the Province of Otago, all the powers vested in him under or by virtue of the “Gold Fields Act, 1858,” (except the powers contained in sections 7, 8, 15, 27 and 40 of the said Act) to have, hold, and exercise the powers within the Province of Otago thereby given.

And whereas by a Proclamation made on the fifth day of March, one thousand eight hundred and sixty-two, in pursuance of the powers delegated to me as aforesaid, I proclaimed and declared Wetherstone’s and Gabriel’s Gullies, and the lands adjacent thereto, to be a district of the said Gold Field for the purpose of forming a Mining Board with the powers and authority in the said Act described, and named the same Gabriel’s District, and defined the limits thereof to be as therein set forth, and prescribed certain rules for regulating the elections of the Mining Board of the said district. And whereas, it is expedient to alter the limits of the said district, and to make additional rules for regulating the elections of the Mining Board thereof;

Now, therefore, I, John Larkins Cheese Richardson, by virtue of the powers delegated to me as aforesaid, do hereby revoke the said Proclamation in so far, but in so far only, as it defines the limits of Gabriel’s District aforesaid, and doth now proclaim and define the limits of Gabriel’s District to be the following, viz.:—Towards the west by the boundary of the Tuapeka Gold Field; towards the north and east by the Watershed between the Tuapeka and the Waipori and Waitahuna Rivers to the south-western boundary of run No. 54; and thence by the boundary of the Tuapeka Gold Field to the starting point.

And further, I do hereby prescribe the following regulations in addition to those contained in the before-mentioned Proclamation:—

1. Any petition disputing the validity of the election of any member of the Board must be signed by at least six duly qualified electors, and forwarded to the Superintendent within fourteen days from the day on which the Returning Officer shall have declared any member so petitioned against to have been duly elected; and every such petition must be accompanied by a deposit of ten pounds to cover any expenses not herein-after specially provided for; and any balance which may remain after the payment of such expenses shall be returned to the depositor.

2. On receipt of any petition and deposit as aforesaid, the Superintendent will appoint a Chairman, who shall, in conjunction with such members of the Mining Board as are not petitioned against, constitute a Board of Enquiry to try the validity of the election or elections so petitioned against; and every such Board of Enquiry shall have power to hear and receive evidence, and to examine witnesses on oath.

3. It shall be lawful for the Chairman of such Board of Enquiry to issue a summons (in the form hereunto appended, or to the like effect) to any party petitioning as aforesaid, calling upon any person named to give evidence in the matter of the election so petitioned against, and to produce any documentary evidence relating thereto which may be in the custody or possession of the party named in the summons: Provided that no such summons shall be granted unless the applicant shall have previously deposited with the Clerk of the Mining Board an amount sufficient to allow to each witness a mileage of one shilling per mile, and a further sum of twenty shillings for the expenses of such witness during the time of his attendance when such witness shall reside at any greater distance than two miles from the place where such Board of Enquiry shall be held, or ten shillings when such witness shall reside at any less distance.

4. The decision of such Board of Enquiry shall be taken by a majority of the votes of the members thereof, and if the members are equally divided in opinion, then, and not otherwise, the Chairman shall have a casting vote; and such decision shall be reported to the Superintendent, and shall in all cases be final.

FORM OF SUMMONS.

You are hereby summoned to appear on the .......... day of ............, at the hour of .......... o’clock in the .......... noon, at .......... before the Board of Enquiry appointed to try the validity of the election of .................... as a Member of the ........................ Mining Board, and to give evidence therein, (if any documentary evidence is required, insert here) “and you are hereby required to produce at the same time and place the undermentioned documents relating to the matter of the said election” .................... (here mention the documents.)

A. B.,
Chairman of the Board of Enquiry.

Given under my hand this twenty-first day of July, one thousand eight hundred and sixty-two.

J. L. C. RICHARDSON,
Superintendent.