The Dunstan Times. FRIDAY, FEBRUARY 4, 1870.

Dunstan Times, Issue 407, 4 February 1870, Page 2

The Dunstan Times.

FRIDAY, FEBRUARY 4, 1870.

Beneaththo Ruleof Men entirely just the pen is mightier than theawoHD

The Gold-mining and Agricultural Leases Regulations, as amended by the late Commission of Wardens, are worthy of a careful perusal by all those interested in the goldfields. The amended Regulations may he said, upon the whole, to bo an improvement, as we find many subjects, which were previously conflicting and the cause of much litigation, more clearly defined. In some instances very liberal clauses are inserted, while in others they are of a very arbitrary character. Section 20 of Regulation

XII. is of much significance. Limited water-rights is an entirely new regulation, and it may be interpreted into a variety of meanings. This Regulation says ; “It shall be lawful for the “ Warden, in ' granting any water “ license, to limit the grant to certain “ months of the year only when the “ holder of any such license shall re- “ fivan from taking or using water in “ the race at all times other than “ those stated in such license.” In this we can plainly see the linger of the squatter, and it points out pretty distinctly that the now system of sheep washing will come in contact with the miner. We do not wish to infer that the squatters should not have water to wash their sheep with, and this they could always have pure, and in sufficient quantities, without interfering with the business of the miner. There are no places on a station where a race cannot be cut to supply the washing tanks and spouts, and, even if the quantity used should interfere with any water-race, the amount required and the few hours ii would be in use during the washing season would not materially obstruct mining operations, and no miner would offer the least objection to the squatter taking sufficient water to wash his sheep, being fully convinced that the operation is iuclispensible and the right to use water for such a purpose indisputable. No difficulty whatever has arisen between the miners and the squatters upon this question, nor is any likely to arise, and Regulation 20 of the amended Rules is uncalled for Its operation would place the miners at the mercy of the cantankerous squatter, who might require a whole creek to remain unteuched for a month at a time, m-iiher using it himself nor •allowing the miner to do so. That water is polluted and rendered untit for the purpose of sheep-washing is a weak argument. The “ wash” can be, and generally is, so situate that the water stands no chance whatever oi being polluted by mining operations until after it has passed the “wash.” Regulation XI., relating to dams, is a good one. It is a great pity it did not form a part of the Mining Rules from the very earliest da\ s. It provides that residents or claim-holders in tbs neighborhood of any proposed darn or reservoir m ;y complain 10 the Warden, who is empowered to order that the-specifications be made by a surveyor, setting forth the proper mode of construction, strength and thickness, width of by-wash, Ac. Rule XIV. refers to using and clearing tailraces. A main tail-race constructed

by joint labor or contributions may be managed by rules made by the majority of persons interested, which rules shall be binding upon the whole. Buie XX. amounts to something like a stretch of arbitrary power. It provides that all holders of a residence area shall securely and substantially fence the same. In numbers of places on the goldfields this will be both difficult and costly, and will prevent many persons from making gardens. Persons who l“t animals run at large should be required to look after them and prevent them doing injury to their neighbors. Sections XXII. and XXIII. relate to quartz - mining Claims may be protected for fourteen days, provided they have been bonafide worked for a period of one mouth. This protection may be extended to ninety days upon good cause being shown, and this again may be renewed should sufficient proof be given that such is necessary. Sleeping shareholders will be protected inasmuch that only half the number of men required by the area occupied will be required to work until the claim is developed, we should judge that two men are quite sufficient to prove a quartz claim in ordinary case.?, and it is very foolish to compel people to work unless they can do so profitably and the working of no quartz claim is likely to be delayed where there is the chance of its eying a payable one ; associated companies for quartz mining might number as high as twelve members, ten I'eing sleeping shareholders, and two, working ones, this would make the payments light, and would induce persons to speculate in opening up claims, or prospecting for a reef.

The Agricultural Leases Regulations contain several amendments The sum of 21. will be required, in excess of the usual deposit, where a special survey is required; assignments are to be registered in the Warden’s office. This is a wise provision, and will protect creditors against the dishonest leaseholder. Thecoudilionsaredcfinite.

One-eighth of the whole is to be cultivated, or half substantially fenced. Planting, cultivating, and fencing to commence within three months from term of occupation. This cannot be considered asunrcasonable or requiring any unnecessary outlay of capital. Occupants are to maintain and erect substantial fences, sufficient to keep in sheep and cattle. This clause might just as well have been omitted, as the law finds a remedy for trespass It has been clearly laid down by competent authority that fences are required to keep cattle in, and not to keep them out. As we have pre viously said, it is the business of cattle owners to keep them from enjoying their neighbor’s property. Leaseholders will not be entitled to claim compensation from run-holders for fencing. This they are not likely to do, the run-holders being first in possession, and the land having been alienated from them. Nothing is said about the cattle of run-holders trespassing. We presume that they are required to look after them like anybody else. We have briefly touched upon these points, which strike us as of most importance to the mining community and other residents on the goldfields, but we would advise all who feel interested 10 procure a copy ol the amended Regulations, and carefully peruse them for themselves.