Mining Regulations and Disease Control




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these Regulations must contain the name in full of each member of the party, together with date, number, and place of issue of his Miner’s Right.

  1. Notices to be posted at the Warden’s offices.

Copies of all notices given in conformity with these Regulations shall be posted by the Warden at his office, and exhibited on the outside thereof during the currency of such notice; provided that non-compliance with this rule shall not invalidate the proceedings in relation to any application.

  1. Declaration to be made.

That in all cases where the Regulations require notice be given or posted, it shall be necessary for every applicant, before his certificate shall be granted, to make a declaration of the truth of the particulars contained in such notices, and that he has served and posted such notices, and marked his application as required by the Regulations.

  1. Mode of Arbitration.

In all cases where arbitration is permitted by these Regulations, an arbiter shall be appointed by each party in writing, and an umpire shall be chosen by the arbiters in writing, before they shall enter upon the reference, and each party shall sign an agreement of reference in the form hereinafter prescribed; and if any arbiter or umpire 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 arbiter or arbiters and umpire, may be enforced by an action upon such award in the Warden’s Court.

  1. Certificate may be cancelled.

If any Certificate shall have been obtained by misrepresentation, or if any of the prescribed conditions have not been duly complied with, the Warden may, upon proof thereof, cancel such Certificate, or make such other order therein as may appear to be just or equitable.

  1. 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.

  1. 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.”

  1. 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.

  1. 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.

  1. 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.

  1. 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 __ 18, Between ____ carrying on business together in copartnership at __ [or as the case may be] aforesaid as Miners under the style of __ of the one part and __ carrying on business together in copartnership at __ [or as the case may be] aforesaid as Miners under the style of __ 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 __ 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 costs 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 made a rule of the Supreme Court of New Zealand at the instance of either of the parties hereto: And that this witnesseth 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 deem 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 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 wrongfully 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 and 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)

  1. Existing rights preserved.

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

WARRANT.

WHEREAS by the second section of the Act of the General Assembly of New Zealand, intituled the “Diseased Cattle Act 1861,” it is enacted that the Governor shall from time to time appoint proper persons at such ports and places as to him shall seem fit to be Inspectors of Diseased Cattle to perform the duties required by the said Act, and may from time to time remove such persons and appoint other persons in their respective places:

And by the said Act it is also enacted that the Governor in Council may, by warrant under his hand, from time to time delegate to the Superintendent of any Province within the Colony all or any of the powers vested in the Governor or Governor in Council by the said Act, subject to such regulations as he might think fit: And Whereas by “The Governor’s Delegation Act 1867,” it is enacted that within any Province in which by any Act or Ordinance it is provided that the



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1868, No 540





✨ LLM interpretation of page content

🌾 General Mining Regulations (continued from previous page)

🌾 Primary Industries & Resources
Mining, Regulations, Arbitration, Certificates, Warden

🌾 Warrant for Diseased Cattle Inspectors

🌾 Primary Industries & Resources
Diseased Cattle, Inspectors, Governor's Delegation