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entitled to occupy by virtue of the provisions of
this Act or of any share in such land or to recover
damages for or to restrain the occupation of or
encroachment upon such land or any part thereof
or to obtain any relief as tenant in common
joint tenant co-partner or co-adventurer against his
tenant in common joint tenant co-partner
or co-adventurer or to recover any interest
or part interest in any water race dam or
reservoir unless such person shall have
been the holder of a Mining or Agricultural
Lease Business License or Miner’s Right at the
time when his alleged title to recover such pos-session or damages or interest or to obtain such
relief first arose or accrued.

Revocation of Regulations not to affect Interests.

CXIV. Any right title or interest acquired or
created under any regulation or bye-law made in
conformity with this Act shall not be in any
manner affected by the alteration amendment or
revocation of such regulation or bye-law.

Fine may be Substituted for Forfeiture.

CXV. In all cases wherein forfeiture is or shall
be decreed by this Act or any regulations made
or to be made in conformity therewith it shall be
lawful to substitute a monetary fine in lieu there-of and to allow thereout a sufficient sum to defray
any reasonable expenses incurred by the plaintiff
if any in the prosecution of this suit.

EXTRACT FROM “THE GOLD FIELDS ACT AMENDMENT ACT (No. 2), 1867.”

Rules of Guidance in Wardens’ Courts.

VIII. Whereas by the sixty-eighth section of
the said Act it is provided that “every Warden
shall have power in every case brought before
him to make such decree or give such judgment
as shall be just without regard to any rule of law
or the practice of any court of law or equity” it
is hereby expressly provided that every such
Warden shall in the exercise of such powers comply
with the express provisions of the said Act
and every order decree or award of any such
Warden shall be in accordance with the express
provisions of the said Act and this Act and the
Rules and Regulations made or to be made under
the said Act or this Act.

EXTRACT FROM “THE GOLD FIELDS ACT AMENDMENT ACT, 1869.”

Alteration of Section 8 of “The Gold Fields Act, 1866.”

IV. Section eight of “The Gold Fields Act,
1866,” is hereby repealed, and the following clause
substituted.

It shall be lawful to issue any number of
Miner’s Rights to any person company or corpora-tion applying for the same and the holders of
such Miner’s Rights shall be entitled to occupy
or hold any number of claims or parts of or
interests in claims: Provided that the aggregate
area so occupied or held does not exceed the
quantity of land which can for the time being be
lawfully held or occupied under such Miner’s
Rights Provided also that there shall be em-ployed not less than after the rate of one man
being the holder of a Miner’s Right for every
claim so held or occupied and in this section the
word “claim” shall be taken to mean the greatest
area which according to the Regulations relating
to the area of claims of each respective kind for
the time being in force on the gold fields where
such claims are situate can be lawfully occupied
by one holder of one Miner’s Right.

Power to Make Additional Regulations under Section 11.

VI. In addition to the purposes for which the
Governor in Council may make Regulations under
section 11 of the “The Gold Fields Act 1866” it
shall be lawful for the Governor in Council sub-ject to the provisions of the said Act from time
to time to make Regulations for any gold fields
or for any portion of a gold field and to alter
amend or revoke the same for the following pur-poses: To enable owners of claims held under
miner’s rights and leases of auriferous Crown Lands
to make levels adits drives or tunnels through
other Crown Lands whether held by virtue of
miner’s rights or otherwise and to prescribe the
mode in and the terms and conditions on which
such levels adits drives or tunnels may be made
and on which compensation shall be ascertained
and paid to persons injured thereby.

Section 28 to apply only to Private Lands.

VII. Section twenty-eight of “The Gold Fields
Act 1866” shall apply to private lands only and
not to lands of the Crown except such Crown
Lands shall be situate outside the limits of any
proclaimed gold field.

SCHEDULE A.

To THE WARDEN AT..............

[District and Date.]

I (or We) hereby give notice that I (or We)
intend to construct a Water Race for mining
purposes commencing (),
and terminating ()

The length of such race is ....................
or thereabouts; its intended course is ....................
, and it is intended to carry ....................
heads of water.

The nearest race running parallel to this is ....................
distant.

(Signature and address in full of
Applicant or Applicants, and No.
and date of Miner’s Right.)

All objections to the issue of a certificate for
this race must be lodged at my office within four-teen (14) clear days from the date hereof.

(Signed)................... Warden.

• Here state precise localities.