✨ Gold Field Regulations
VI.
[here state the area and exact locality] under sec. 1, Reg. VI., of the Goldfields Rules and Regulations. Any person desiring to object to the same, must, within fourteen (14) days from the date hereof, lodge his objection in the Warden’s office at
Name ........................................
No of Miner’s Right ....................
Date of Right ............................
Residence ................................
- Survey how to be made.
Should the applicant for, or holder of an extended claim desire the same to be surveyed, the Warden may, upon such applicant or holder making a deposit of £2, direct such survey to be made by any competent person; and should any person other than the applicant or holder desire a survey to be made on the grounds that the applicant or holder claims, or holds an excess of area, such person shall make the necessary deposit, and the Warden shall direct such survey to be made at the cost of such person. Provided that, should the applicant or holder be found to have claimed or taken possession of a greater area than he is entitled to under this Regulation, the Warden may order such applicant or holder to repay the cost of the survey, or such part thereof as may seem just.
- Extended Claims to be Registered.
If no valid objection be offered, the Warden shall, upon hearing the application, issue a Certificate of Registration for an "Extended Claim," specifying therein the area granted, and the exact position of the same.
- Forfeiture.
If at any time the requisite number of holders of Miners’ Rights shall not be employed or occupied upon any such "Extended Claim," the Warden may, upon proof thereof being produced before him, in the presence of all parties interested, cancel the Certificate of Registration, either in the whole or in part, as may be equitable: Provided always that a monetary penalty may be imposed in lieu of forfeiture, as set forth in section 115 of the "Gold Fields Act, 1866."
VII.—DRAINAGE OF CLAIMS.
- Compensation received for draining ground.
When any person shall drain any ground by any means whatever, such person shall be entitled to receive compensation from the holders of all claims benefited by such drainage.
- Warden to fix amount of compensation.
If any person shall apply for compensation under the preceding clause, the matter shall be dealt with by the Warden, who shall fix the amount of compensation to be paid by the persons so benefited, and may order such compensation to be paid by instalments, weekly or otherwise, by way of rental, during such time as the benefit lasts, and the said amount may in like manner be readjusted from time to time as the Warden may deem necessary: Provided that should either party demand to have the case tried by arbitration, it may be determined in that manner.
- Forfeiture of claim.
If the owner of any claim shall neglect or refuse to bale his fair proportion of water during the day, or night if necessary, such claim shall be liable to forfeiture.
- Damage done to adjoining claims.
Claimholders within three claims of any claim in which water has been struck, neglecting or refusing, when requested by the holders of adjoining claims, to bale their fair proportion of water, shall be liable for any injury done thereby to adjoining claimholders.
- Right to take prospecting claim.
The owners of any tunnel, drive, ground-sluice, or tail-race, shall be entitled to take up a prospecting claim, subject to the rules and regulations affecting the same, on any auriferous lead or discovery made during the prosecution of any such work.
VIII.—PROSPECTING.
- Discovery to be reported.
Any person obtaining new gold workings, and being desirous of obtaining an increased area thereon, must immediately report such discovery, with full particulars thereof, to the Warden, either verbally or in writing, and the Warden shall thereupon record the date and other particulars of such report.
- Area.
The discoverer of new gold workings, distant from any previously discovered workings not less than one mile, shall be entitled to a double claim; over two (2) miles, to a treble claim; and over five (5) miles, to a quadruple claim, provided that the increased grant shall not be given to more than six persons composing any party: Provided also, that should it be proved that the discoverer failed to report the discovery of such gold workings for a period exceeding seven (7) days, he shall thereon forfeit all right to an increased area.
- Notices to be posted by the Warden.
Notices of all prospecting claims granted, with full particulars of locality, yield of gold, and description of workings, shall be posted by the Warden on the outside of his office for public information.
IX.—PROTECTION TO SLEEPING SHAREHOLDERS.
- Claims taken up on Capital Advanced.
In case any person shall desire to take up a claim requiring the assistance of capital to develop the same, he shall be entitled to occupy and hold an additional area for the term hereinafter specified on behalf of any person willing to advance the required capital: Provided that in such case it shall be necessary to give notice to the Warden specifying the time for which he shall require to hold such area, and a copy of such notice shall be posted on the ground for seven (7) days prior to the granting of the same, and the Warden shall hear and deal with any objection to the granting of such area.
- Agreement to be signed.
Before the Warden shall receive any notice under section 1, an agreement shall be drawn up and signed by each shareholder, specifying the share and interest of each individual of the party, and a copy of such agreement shall be registered in the office of the Warden for the information of the public.
- Protection during preliminary operations.
Subject to the provisions of sections 1 and 2, holders of Miners’ Rights, whilst engaged in opening up a claim, or in preliminary operations in connection therewith, shall not be required to place more than one-half the full number of men otherwise required by these Regulations on such claim.
- Full number—when to be employed.
Upon the expiration of the time specified for holding any claim under the foregoing sections, the full number of men required by the Regulations shall be put on to work in such claim, but the Warden may upon application to him made in the same way as the original application and upon sufficient cause shown, extend the time originally granted.
X.—WATER RIGHTS AND RACES.
- Races to be registered.
Every race hereafter to be constructed or which shall have been constructed prior to the proclamation of these rules and regulations must be registered with the Warden, as provided by sub-section 1, section XXI of the Goldfields Act 1866, that is to say,—
Any person intending to divert and use water for mining purposes by means of any water race to be constructed upon Crown Lands, under authority of these Regulations, shall give notice thereof in writing to the Warden of the Goldfields district in which such water race is intended to be constructed, and to any person whose interests may be affected by the diversion of such water, as well as to the owner or occupier of any land through which,
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Gold Field Regulations
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🌾 Primary Industries & ResourcesGold Fields, Regulations, Mining, Otago
Otago Provincial Gazette 1868, No 538