THE NEW GOLD MINING BILL.

Evening Star, Issue 3271, 14 August 1873, Page 3

THE NEW GOLD MINING BILL.

Reference has been made in former notices to the subject of the water gauge proposed in this Bill, and as the matter may be of practical importance through the regulations to be made should the Bill become law, a word of explanation on this point may be useful. The definition of a sluice head, as given in the Act of 1866, in itself conveys no intelligible mean • ing. It would be difficult to string words together so as to present to the mind anything more foggy or obscure. The definition in the Bill states clearly enough what a sluice head shall mean—namely, 400 gallons of water per minute; but at first sight it might appear a matter of difficulty for a mirier to ascertain when he had this quantity. The formula is exceedingly simple, and the quantity fixed by the Bill can be ascertained without the use of gauge box or meter. The only things necessary to ascertain are the area of a section of the race, and the mean 1 velocity per minute with which the water Hows through it: the one multiplied by tire other wall give the number of cubic inches or feet which passes through the section per minute, and this is easily reduced by multiplication or division, as the case may require, to gallons. Suppose, for instance, the area of a section of a race is one square foot, and the mean velocity of the water flowing through it thirty feet per minute, the discharge Would b'e thirty cubic feet of water per fiiinute, which, multiplied by six and a -quarter,' which is nearly the number of gallons' in a cubic foot,' would show a' discharge of 187 j gallons per miuutfl, «r nearly half a sluice head. It is perhaps to be regretted that the gallon should be chosen as the limit of measure, ami it might be well if the cubic foot was substituted with the view of saving trouble in calculation, all the measurements being usuually made in foot and inches. The equivalent number of cubic feet to 400 gallons is approximately sixty-four, and it might be well if the definition of a sluice head given in the Bill were sixty-four cubic feet instead of 400 gallons. It is rmderstood that the quantity of water assigned for a sluice head in the Bill is nearly if not exactly the same quantity as that now defined by the Regulations of the goldfields, both in Otago, Westland, and Auckland. In that part of the Bill which relates to the administration of justice, ample powers have been given to the Courts to remedy mining I grievances, while at the same tinrn those powers have been carefully defined. The Act of 1866 left the jurisdiction of the Courts in a

very doubtful state, owing to the use of very general words in the earlier sections of the Act, which apppeared to be limited in meaning by the more particular provisions of subsequent sections. That such a state of affairs should exist is a matter of serious consequence to all who require to invoke the arm of the law to protect their rights. A costly and tedious lawsuit may be dragged from Court to Court ultimately to result in waste of time and money, through the ultimate discovery of a want of jurisdiction in the Court where the proceedings originated. It is to be hoped that the present Kill will remove this hanger by clearly pointing out to the magistrate tbe limits of his authority and the powers which he may lawfully exercise. The principal subjects of jurisdiction may be shortly enumerated as follows ; —“Concerning the rigid to the possession of claims leases, water-races, &c., concerning trespasses to the same, concerning contracts relating to mining, concerning contributions for working expenses, concerning business sites.” By tbe 173 rd and following sections certain special powers and duties are conferred upon Wardens, among which are the power to order gold to bo delivered up, to authorise entry upon claims to grant injunctions either interim or absolute, and to punish breaches of such orders by imprisonment. A similar provision to that of the Act of 1860 is made with regard to appeals, but the amount to be deposited as security in appeals is increased from LlO to L2o. It would surely be better if, instead of limiting an amount to be deposited, provision were made giving the Warden or Judge a discretion as to the amount, and providing that security should be given by bond, as in the case of appeals from llesident Magistrates. The payment of such a comparatively large sum as L 25 into Court, to remain there for months, will often be a hardship to appellants in cases where giving security for a much larger sum would present no difficulty whatever.

The powers of the District Court to exercise an original jurisdiction is retained, though ultimate appeal being in all cases to the Supreme Court. The 203 d section of the Act gives the like protection to Wardens acting in the execution of their duty as is afforded to Justices of the Peace by the Justices Protection Act, 1860. The usual provisions as to penalties conclude the Bill, and a provision that such are to be recovered in the mode provided for regulating summary proceedings before Justices of the Peace and with a right of appeal. It would be impossible within any reasonable limits of space to point out in detail all the amendments proposed by the Bill. A careful perusal and comparison with the Act of 18(16 and the other Acts proposed to be repealed will show that they arc to be found in almost every section of th« Bill. Whether they may really prove amendments or not can in most cases only be ascertained by experience. As the Bill has been circulated in Otago among Wardens and Mining Associations, defects and mistakes may no doubt be discovered and jiointed out in time for rectification. Some of the Associations are devoting themselves to the task of investigating the Bill, with a care and system which is both creditable to themselves, and will prove useful to the community. Looking at the magnitude and importance of the interests dealt with, relating as they do to the conflicting rights of several different classes in the community, the exorcise of the utmost care and vigilance will be requisite before making any alterations in the law. So far as appears from a cursory perusal of the Bill, great care lias becnexercisedindraftingit, and should it become law it will be more comprehensive, consistent, and complete than the statutes which it is intended to replace. In so far as it relates to matters of administration,much will depend upon the ability of the officers entrusted with the task; for no doubt the maxim will hold good that it is better to have an imperfect law well administered than a good law badly administered. It is to bo hoped that the present Bill will so far prove a success as to evolve a certain amount of order out of the chaos of Goldfields Acts and amendments which now constitute the goldfields law, and if it does even this much the Government will have cause to congratulate itself upon having undertaken it. Looked at merely as a piece of Parliamentary drafting, it is unquestionably superior to the attempts of former sessions. It is said that his Honor the Superintendent was specially entrusted with the duty of selecting the draftsmen, and no doubt in selecting Mr Haggitt as one he was amply justified by his experience of that gentleman’s ability and care displayed in other work of a like kind. How much of the Bill has been his work, and how much that of his colleagues, it is impossible to say, but it seelns probable that ho has exercised a general supervision over the whole of it, and polished down and reduced into shape the ideas (suggested by them.