The Kumara Times Published Every Evening. TUESDAY, DECEMBER 7, 1886. MINERS’ RIGHTS AND BUSINESS LICENSES.

Kumara Times, Issue 3149, 7 December 1886, Page 2

The Kumara Times Published Every Evening. TUESDAY, DECEMBER 7, 1886. MINERS’ RIGHTS AND BUSINESS LICENSES.

By the “ Mines Act, 1877,” section 28, it was enacted that “if the holder of either a miner’s right or a business license shall neglect on the expiration thereof to take out a new right or license, as the case may be, a new right or license dated of the day of such expiration may nevertheless be granted to such holder upon production of such expired right or license within one month from such expiration, without pena'ty, and within three months upon payment of the sum of ten shillings in addition to the ordinary price of a miner’s right or business license." The new “Mining Act, 1886,” which is supposed to consolidate the existing laws relating to Mines and Mining, it appears, makes no provision for antedating miners rights and business licenses; and Mr Seddon, it will he seen by the following telegrams, has drawn the attention of the Minister of Mines to the subject, which is important in view of the approaching holidays, and the closing of the public offices :

To the Hon. the Minister of Mines,

Wellington

Under Section 28, “ Mines Actj 1877,” provision was made for antedating miners’ rights and business licenses. Section 79 “Mining Act, 1886,” makes no such provision. I think, however, that the Governor, by an Order in Council, could make a rule under sub-section 6 of section 175, to the following effect : —That the raining registrars and wardens’ clerks could, within thirty days, antedate a miner’s right with or without penalty. The words mode of issuing in the said section would mean that though the appli-c-itiou to issue was made on the Ist of Febiuary, that the Warden’s Clerk could issue as from the Ist of January. Unless something of the kind is done, serious loss and complication will occur. For instance, a miner’s right may run out of date when the wardens’ offices are closed for holidays or for other reasons. Then the miner would lose all his property, for there would not be continuity of title. The miners being now conversant with the present law, and not having been made aware of the change re the omission in the “ Minin** Ac, 1886,” it appears to me very hard that they should suffer. They cannot, after, say, the 23rd December, take out miners’ rights this year, the oflices being closed ; or if they could, would have to pay one pound for the same, whilst in the second week in January miners’ rights would be five shillings. I do strongly urge your serious consideration of this point. If the law does not permit what I have suggested, then instructions should be given to have the non-antedating of miners rights advertised. Also, provision should be made to have miners’ rights issued each and every day in the year. R. J. f?snno\. I'll;U ,u ''"o' i'■" ° iov "* K. J. Seduon, Esq , Kuroara. Am much obliged fur your message

of yesterday re Hnte.dating. The matter is being looked into, but I do not think section 275, sub section 6, would provide for ante-dating rights and business licenses; but clause 209 new regulations will provide for protection all claims, rights, and privileges during holidays. W. J. M, Larnach. Wellington, December 4, 1886. To the Hon. W. J. M. Larnach, Minister of Minks, Wellington. Am of opinion Law Officers will advise that protection regulations will not meet the case of antedating miners’ rights. The Goldfields Act, the Mines Act, and the Mining Act all recite that so long only as miners’ right held and in force shall the title to rights acquired hold good. The miners’ rights having expired, if only for a day, the title to the property held under and by virtue of it is gone. Protection as to non-representation, &c., would not make good a bad title; in fact without the miner’s right there would be nothing to protect. The non-taking out of miner’s right exactly on the day the former one expired may arise from negligence, unforseen circumstances, or that the office may not be opened on the day the new right should be issued. For twenty years the power to ante-date has existed, and the miners always bad a month’s grace in taking out the miners’ rights. To take away this privilege without any warning is a serious matter. Knowing the loss and confusion that will arise unless antedating allowed, I would go so far as suggesting that although power to do so is omitted from the Mining Act, nevertheless that wardens’ clerks he authorised to ante-date if application made within one month. Next session of Parliament could validate and amend the Act. The whole tenor and object of the “Mining Act, 1886,” was to extend mining privileges, not to curtail. Feel very anxious on this matter. Hope excuse length of telegrams.

R. J. Seddon, Komara, December 6, 1886.