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37. AGENT TO BE APPOINTED.

Any person holding an interest in a claim business site, residence area, or any other mining property whatever, shall, in case of absence from the locality for a longer period than fourteen (14) days, appoint an agent, whose acts shall be held as those of his principal, and whose name and address must be registered with the Warden in the form hereto annexed.

(a) Power of Attorney to act as Agent.

Know all men by these presents that I (or we) do hereby make, nominate, constitute, and appoint, and in my (or our) stead put to be my (or our) true and lawful attorney for me (or us), and in my name (or our names) and as my (or our) act and deed, to do, execute, and perform all such acts, deeds, or things as may be necessary, or may be required to be done, executed, and performed by me (or us) in accordance with the Goldfields Regulations, and I (or we) do hereby ratify, confirm, and covenant that I (or we) will ratify and confirm all and whatever the said shall lawfully do, or cause to be done, in or about the premises by virtue of this power.

Dated this day 18 ___.

N.B.—The above power of attorney will require a ten shilling (10s) stamp.

Penalties for breach of the regulations made under the authority of “The Goldfields Acts,” shall for every such breach be liable to a fine or penalty not exceeding £10 for the first offence, and £20 for any second or subsequent offence.

38. HOLIDAYS.

Miners may be absent from their claims on all the following days, namely:—Good Friday to Easter Tuesday, both inclusive; twenty-fourth (24th) December to second (2nd) January, both inclusive, or any time during election for Members of General Assembly, or Road Boards, one day prior and after such election: and any day proclaimed a holiday by the Warden.

39. DEATH OR LUNACY CLAUSE.

In case of the death or lunacy of a partner in a mining claim, the remaining partner or partners shall be entitled to hold possession of the share or shares of such deceased or lunatic miner as against any other person or persons, but without prejudice to the rights of the personal representatives of such deceased or lunatic by agreement, or by law against the remaining partners: Provided that the expenses of working such share or shares shall be paid out of the proceeds of the same.

40. NEGLECT OF WARDEN’S ORDERS.

Any person who shall neglect or refuse to comply with any notice or order of the Warden, duly served and in conformity with these regulations; and any person committing any breach, whether by way of omission or commission, of any of the rules and regulations made under the authority of “The Goldfields Acts,” shall for every such breach be liable to a fine or penalty not exceeding...

XVII.—ARBITRATION.

1. MODE IN WHICH ARBITRATION IS TO BE CONDUCTED.

In the event of either party demanding the case to be tried by arbitration, an arbiter shall be appointed by either party and an umpire shall be chosen by the arbiters before they shall enter upon the reference, and if any arbiter or umpire that is 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 such compensation, when ascertained, shall be enforced in the same manner as a judgment of the Warden, or Warden and Assessors.

XVIII.—LIEN.

1. LIEN.

The holder or holders of any registered claim (whether quartz, river, or ordinary), or of any share or interest therein, may grant a lien or mortgage upon the same to any person or persons as security for payment of any debt or liability which he or they may have contracted; and upon production to the Warden of the register, or transfer, or certificate by which the intending lienor or mortgagor holds such share, claim, or interest, intended to be made subject to such lien or mortgage, and of the lienor’s or mortgagor’s miner’s right, and upon the execution of a lien or mortgage ticket by a lienor, or mortgagor, or lienee, or mortgagee in the form hereinafter set forth in Schedule L, the said Warden shall register the said lien or mortgage, and after such registration, he (the Warden) shall issue to the lienee or mortgagee a duplicate of the lien or mortgage ticket, and shall inscribe on the register, or transfer ticket, or certificate of the lienor or mortgagor, the date and amount of the lien or mortgage, and name of lienee or mortgagee. And every such lien or mortgage so effected shall be a specific charge upon such subject, or lien, or mortgage; and when more than one lien or mortgage shall be effected on the same subject each lien or mortgage shall take precedence according to their respective dates. Provided that the Warden shall cancel any lien or mortgage on any claim, share, or interest, or certificates of the lienor or mortgagor delivering to the said Warden a certificate from the lienee or mortgagee to the effect that such debt or...