✨ Mining Regulations
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quantity of water, or extent of area of ground, what shall be absolutely necessary for the domestic purposes of the applicant or applicants, who shall not be allowed to sell any water so protected, and that in cases of long continued drought or scarcity of water, the water-hole so protected shall become public property for domestic purposes only; and this clause further provides that any person or persons wishing to protect a water-hole for the above purpose, must cause a notice to that effect to be placed on a post alongside such hole; and no person shall drive cattle into, or in any way defile water reserved for domestic purposes, or cart away the water from any dam without the consent of the owner or owners thereof.
179.—Lien Clause.
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 intended 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 Q, 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, upon the lienor or mortgagor delivering to the said Warden a certificate from the lienee or mortgagee to the effect that such debt or liability for which such lien or mortgage was granted has been discharged. Provided also that in the event of such lienor or mortgagor neglecting to discharge such lien or mortgage at the expiration of fourteen (14) days after the time specified for the discharge of such lien or mortgage, then shall the subject of such lien or mortgage become the absolute property of the lienee or mortgagee, who shall be registered as the absolute owner thereof.
180.—Protection to Mortgagees.
If any person shall have an interest in a claim or share by way of a lien or mortgage, his interest shall not be liable to forfeiture by non-compliance with these Regulations on the part of the lienor or mortgagor, or their agent or representative. Provided he (the lienee or mortgagee) has the said interest represented within fourteen (14) days after receiving notice from the other owners of the claim, or from any person desiring to take possession of the interest so liened or mortgaged.
181.—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; any day on which the election of members of the House of Representatives, or of members of the County Council, or of members of the Road Board of the District, shall take place, and the day before and the day after such election; and any day proclaimed a holiday by the Warden.
182.—Agreements to be Binding.
Whatever mutual agreements and engagements may be entered into by the shareholders of any claim for the proper working thereof, shall be binding upon any one taking possession of a forfeited or abandoned share or interest in such claim.
183.—Lunacy Clause.
In case of the death or lunacy of any 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.
184.—Ground to be Secured.
If any person shall find that the party working the adjoining claims, are not properly securing their ground he shall make application to the Warden, who may make such
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Rules and Regulations of the County of Westland Gold Fields
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🗺️ Lands, Settlement & SurveyGold Fields, Regulations, Mining, Claims, Westland, Forfeiture, Quartz Claims, Walls, Interference, Tailings, Pegs, Stacking, Compensation, Abandonment, Machinery, Water Privilege, Damage, Injunction, Agent, Power of Attorney, Wages, Nuisance, Water for Domestic Purposes, Lien Clause, Mortgage, Protection to Mortgagees, Holidays, Agreements, Lunacy Clause, Ground Security
Westland Provincial Gazette 1871, No 9