MINERS’ GRIEVANCES.

Dunstan Times, Issue 509, 19 January 1872, Page 3

MINERS’ GRIEVANCES.

_u—(Communicated ) Mining titles ami mining holdings aro year by year becoming more complex in tbeir c haiacter, more difficult to understand, and more insecure from the negligence and ignorauceso often displayed. A man now requires to lie well read in mining jurisprudence to fully understand the conditions he has to comply with when taking np ground, carefully observe that the letter as well as the spirit of the law is complied with, lest he may find Ids title to mining interests s’ip from his grasp to that of aho'her, who has a keener vision, and a firmer hold than himself. What our Goldfields’ laws really mean, it is almost impos--ilde to Bay custom end precedent so 'argely influencing ti eir administration. I*W instance, is tin re any part of the Colony wheneiu the conditi is of the Goldliel ’s’ Act Amendment Act, ISG9 are en“need ?oris it simply ade ni letter—a pas" ive force that may be ma I ■ active a--y m ■- .nent. We have no means of knowing wh n he Gold Minine I is rict Act, 1871, mav h' proclams 1 in our rails; r>p aling all past le is! a I ion, or whether it wdl remain s mopi rative as the pr- vi us examp'e. The ‘‘ Minin < m anies Limited Liai ily Act Anv n< merit Act, ISO!),” provides that it shali not lie neecs■ ary for any sharelio'der in any incovpora'i d IN in) any ■o he the holder of a n inei’s right in res eot of any if his shares while by the hold-fields’ Ac's it i- i cundenf foe a peri m to hj ' possess cl of ties ele nent of title 0 obtain a locus standi in a Ward n’s Court. 1 ra i months since his H -nor, Wilson Gray rt Tnap lea, in the case of Harris v. Lanes la -efnllv con i! lorl die Miners’ Right as an element of title and raised several important questions on this hi aI. Now vs mav he gleaned from the Tuajieka Times, he has given ns to understand than the law in i s most minute particulars in regard to the marking ou of groin d, i ither for claims nr leases, on auriferous la ils, must lie com-do Iwi hj. Th : s dec’s! n concerns all min rs very clo-ely, more i specially tin sc c gaged in quartz reeling. The de-ads are somewhat as follows. —At Saddle Hill, mar Dunedin, so ne tw • or three men hs since, a Mr. Higgins ap’died for a qua- tz 'case, mvr ing hj; gro ind out ai he c ntended aceording to the rcgulati ms in force for gold mining leaser. Mess s. Dyer an I party, who were walkin' over ’he U’ouml sa ! sequent to the making of the lea e, considered that it had nit been marked according to die re inlatio is, an I forthwith proceeled to mark i ff three nnlinary claims of one himored by three hundred fiet, nr a bl ok nfgromi I, three hundre i feet square, wbhin idiebouu aides applied for, and Imldini it a.ainst protest, still hold it by the judgment of the Did tidet Judge. There i< not the slightest doubt but Higgins cnnsiloied he h.nl perf Tin d a ! l the m ecssary prelimina y condition-! to ohtain the grant of land ha had applied for. 11 e had create I posts at the fur corners of his lease in supposed contiguity to their prop.r prsi ion ; had cut trenches indicating the p opoaed lines of his boundary in both direction*—but committed this grave fan t of omission. The trench s were only lonrfect long instead of five. Now tnis error, either in judgment or measurement, imposed on Ilig.ius a penalty of forfeiture of the ground nnnke I nut by Dyer and Co. T..c ruling in this case, is probably not contrary to law, but it may be certain’y miin'aincd as harsh, and, considering the li.cmnstancts eonueeted with the question of easing generally inexpedient. Where a base is first marked out by the appliea t, it is marked only in aru le m ill ec, as he has already dc i site-1 the money wiih the Gold Receiver to ensure it., survey, ‘o hav. well defined boundaries, and proper eonicr milks and tienehcs. TV us the first mmkin 0 is on y indicative of the general position of me ground sought to he leased. Yet it appears that unless the i reaches are of the .e.pdrcd length i-ml depth, and the posts of the re piked height ap I sii -, the title to •ny ground si marked, becomes iuva.il, and the gronn I it-cif liable to o.vnp .in-y iy the first loafer or adve ituror that m.y ej.no along. Tuereis a m her feature still connoctc I with th • muking o. leases that his Donor 3-iould adjnoioato on. TJie 0 .Vu.iimoui instruct their Surveyors wile i m irking one a Ciaim nr Rase to use pegs two feet six neli s in length 4 i i so doing. Allowing t.itm i iny to go six inches in the ground, me ( egs will t.iou only b ; two Ret above ne surface instead of three loot. Now accorningto the ruling of Ids Honor, this .voold be sulfiui nr in inva idate the rights of the holder, and rondo the gummi in. le to he jumped. Tnis idusiratiou will shew tn« eruoe chaiaeter of laws made for me guidance of miners, and the necessity lor aieir interpretation in a liberal and diseriuiina ing manner. \Vidle a claim for quartz minin' has to be luarko 1 off, not only at die corners, bat by a line through the centie of the claim by the insertion of pegs at every ine hundred fet. No siicii prows n applies to a lease whatever, a though the lader cxce ils fourfold the maximum size of the former. I'onsilerngthrn the >'ecision given l y his Honor in re Hig.ina and Dyer, there is evidently a stn n; nects ily existing lo comply with the mining law in force in tlieii most minute particulais by those who have any interests to piotect, or rights to consider Intention and god faith will no lunger avail—but an absolute a herenco fo the letter of the law becomes imperative.