Gold Fields Act Provisions




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issued as may be prescribed by such regulations and every Miner’s Right or Business License issued to any person who shall previously have held Miner’s Right or Business License shall be entitled and marked with the word “Renewed” by the Warden or other person who may issue the same: Provided that if no more than thirty days shall have elapsed from the expiration of the previous Right or License then the said Renewed Right or License shall be antedated to the day of the expiration of the said previous Right or License and the said Renewed Right or License shall confer all the privileges of a Miner’s Right or Business License issued under any Gold Fields Act. And in case the said Right or License shall have been lost or destroyed the records of the office of the Receiver of Gold Revenue shall be admitted in proof of the existence of such Right or License: Provided always that a statutory declaration be made as to identity and facts of the case.

Right of Servant vested in Employer.

VII. If any person being the holder of a Miner’s Right shall hire himself for wages to an employer the right to hold and occupy any claim by virtue of such Miner’s Right and to any gold therein shall be vested in such employer: Provided always that in the event of non-payment of such wages any person so employed shall be deemed to have a lien upon the claim whereon he has been employed to the extent of the amount of wages due to him.

Governor may grant Special Claims.

XII. It shall be lawful for the Governor upon application being made to grant special claims of greater area than may be determined by the regulations to be made as aforesaid for the purpose of carrying on mining operations under circumstances of extraordinary difficulty or involving the expenditure of considerable sums of money or for the encouragement of enterprise in prospecting new ground or as a reward for the discovery of new gold workings and also to prescribe the terms and conditions upon which any such special claim may be held occupied worked and forfeited.

Penalty on Persons Mining without Miner’s Right.

XCVII. Any person not being the holder of a Miner’s Right or of a gold mining lease under this Act who shall mine for gold upon any proclaimed gold field and any person who shall employ any such unauthorised person so to mine and any person not being the holder of a Miner’s Right or license or lease duly empowering him to that behalf and not being an authorised person within the meaning of this Act who shall occupy or carry on any business upon any Crown Lands within any proclaimed gold field shall be liable to the penalties following that is to say for the first offence a sum not exceeding five pounds for the second or any subsequent offence a sum not exceeding ten pounds nor less than five pounds with imprisonment in some gaol there to remain for any time not exceeding one calendar month for every five pounds or fractional part of five pounds so to be paid: Provided always that in any case where a Miner’s Right or Business License may have been lost or destroyed the existence of such right or license may be proved by reference to the books of the Receiver of Gold Revenue of the district wherein such right or license may have been issued and in such case a certificate shall be granted to the holder of such right or license securing to him all the privileges held under such right or license until the due expiration of the same and for which the fee of one shilling shall be paid in the case of a Miner’s Right and five shillings in the case of a Business License and a statutory declaration shall in all such cases be made as to identity and the facts of the case.

Penalty on Personation or Misrepresentation.

C. If any person shall use or exhibit any forged or Miner’s Right license or lease issued or purporting to be issued under the authority of this Act knowing the same to be forged or if any person shall fraudulently personate the holder of any such Miner’s Right license or lease or shall falsely and fraudulently represent that any servant or other person is an authorised person within the meaning of this Act or shall fraudulently use or exhibit as his own any Miner’s Right license or lease belonging to or granted to any other person or shall use or exhibit as valid a Miner’s Right license or lease which shall have expired he shall be liable to a penalty for every such offence not exceeding fifty pounds or imprisonment with or without hard labour not exceeding one year or both at the discretion of the Court.

Penalty for Breach of Rules.

CI. Every person committing any breach whether by way of omission or commission of any of the rules or regulations made under the authority of this Act shall for every such breach be liable to a fine or penalty not exceeding ten pounds for the first offence and twenty pounds for any second or subsequent offence.

Penalty for Working Claim under Suspension.

CIV. If any person after having been ordered to suspend the working of any claim as hereinbefore provided shall work such claim he shall be liable to a penalty not exceeding twenty pounds.

Chattel Interest.

CXI. Any right title or interest acquired or created under the provisions of this or any preceding Act relating to the occupation of land within gold fields or under any rules and regulations made in conformity therewith shall be deemed and taken in law to be a chattel interest and may be inherited assigned transferred seized and sold under any writ of fieri facias or other writ of execution or warrant.

Incapacity to Sue without Miner’s Right.

CXII. Notwithstanding anything hereinbefore contained no person shall be entitled to institute proceedings in any Court holden under this Act or in any other Court to recover possession of any land which such person is entitled to or is



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Online Sources for this page:

VUW Te Waharoa PDF Westland Provincial Gazette 1871, No 9





✨ LLM interpretation of page content

🗺️ Extracts from The Gold Fields Act, 1866 (continued from previous page)

🗺️ Lands, Settlement & Survey
Miner's Rights, Business Licenses, Gold Fields, Regulations, Crown Lands, Mining