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Regulations

12. Certificate—how cancelled.

Whenever in these Regulations it is provided that a certificate shall or may be “cancelled,” a memorandum of such cancellation in the Registration Book shall be conclusive evidence that such certificate has been legally cancelled.

13. Neglect of Warden’s orders.

Any person who shall neglect or refuse to comply with any written notice or order of the Warden, duly served, and in conformity with these regulations, shall be deemed to be guilty of a breach thereof, and liable to the penalties imposed by the 101st section of the “Goldfields Act, 1866.”

14. Survey.

Whenever it is required by these Regulations that a survey should be made, the Warden may authorise and appoint any capable person to make the necessary survey; and such survey shall, for all the purposes of these Regulations, be taken and accepted as sufficient.

15. Transfer of Claims, &c.

Any claim, right, or privilege held under these regulations may be transferred or assigned; but where it is provided that any such claim, right, or privilege must originally be registered, the transfer or assignment thereof must also be registered.

16. Holders of Claims entitled to all Discoveries within the boundaries.

The Holders of any claim shall be entitled to the benefit of all discoveries and workings within the boundaries of such claim.

17. Suspension of Regulations.

If any portion of the Rules and Regulations of the Otago Goldfields shall be deemed to be inapplicable to the requirements of any district, the Superintendent may, if he shall think fit, upon the receipt of a memorial to that effect, signed by not less than 50 holders of Miners’ Rights and Business Licences residing in such district, suspend the operation of any Regulation, or section of a Regulation, so far as such district is concerned, and may again annul such suspension, and renew the operation of such Regulation or Section, or may substitute others in lieu thereof.

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 and of and of such third Arbitrator as the said Arbitrators shall by writing under their hands endorsed on these presents before they enter upon the consideration of the matters referred nominate and appoint to act with them or any two of them: So as the said 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 endorsed on these presents from time to time extend the time for making their said award: And it is further agreed that the cost of 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 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 by the above-named in the presence of

EXISTING RIGHTS PRESERVED.

Nothing herein contained shall be taken to affect any existing rights or privileges.

Alex. Willis,
Clerk to the Executive Council of the Province of Otago.

PROCLAMATION.

By His Honor James Macandrew, Esq., Superintendent of the Province of Otago.

JAMES MACANDREW, Esq., Superintendent of the Province of Otago, do by virtue and in exercise of the powers vested in me in this behalf by the “Caversham and Green Island Districts Roads Ordinance, 1864,” proclaim and declare that all that portion of road in the Corstorphine Road District in the Province of Otago intended and referred to in the said “Roads Diversion Ordinance, 1864,” and which is particularly described in the Schedule hereto, shall from and after the day of date hereof, cease to be public roads or thoroughfares, and shall no longer form part of the roads in the Corstorphine Road District aforesaid.

SCHEDULE.

Twenty-one chains in length, sixty links wide, from north end of Section 76, Ocean Beach District, to south end of Section 76, Ocean Beach District:—Bounded on the west by Section 75, east by Section 76, Ocean Beach District.

Given under my hand and issued under the Public Seal of Otago, this twenty-second day of April, one thousand eight hundred and sixty-eight.

James Macandrew,
Superintendent.

By His Honor’s command,
George Duncan,
Secretary for Land and Works.

NOTICE

Notice is hereby given, that the application of George Butler Bond, “Cardrona Gold Mining Co.,” for section 1, Cardrona District, has been disallowed by the Government, and that the said land is open for occupation by holders of Miner’s Rights.

Geo. Duncan,
Secretary for Land and Works.

Dunedin, 17th April, 1868.