MINING ON PRIVATE PROPERTY ACT.

Mount Ida Chronicle, Volume IV, Issue 243, 31 October 1873, Page 3

MINING ON PRIVATE PROPERTY ACT.

In accordance with our promise, we publish below, in full, the Mining on Private Property Act. Our contemporary, the ' Otago G-uardian,' seems to have found out there is more after all in the clauses after clause 2 than mere provision for machi aery, and devotes, in a late issue, an able leading article to the Act, which we regret not having space to reprint. Our contemporary styles this " one of the most important measures which ever passed the Colonial Parliament.'' Be it enacted by the General Assembly : of New Zealand, in Parliament assembled, and by the authority of the same, as follows:

1. The Short Title of this Act shall be " The Resumption of Land for Mining Purposes Act, 1873."

2. All lands alienated from the Crown, whether by way of absolute sale or lease or for any lesser interest, after the date of the passing of this Act, shall be liable to be resumed for mining purposes (except lands alienated expressly for mining purposes) by Her Majesty, on .paying full compensation to the licensee lessee or owner of the fee-simple thereof for the value other than auriferous or argentiferous of the lands and improvements so resumed; such value in case of disagreement to„be ascertained by arbitration, upon the terms and conditions hereinafter provided. 3. Any person may, in the form in the First Schedule, apply to the Superintendent of the Province in which the land is for the resumption under the provisions of this Act of. any land alienated from the Crown, and; not hereinafter excepted from such application, and shall send with every such application the sum of twenty pounds, to be dealt with as hereinafter provided. 7 4. No application shall be entertained for any land used as a garden orchard vineyard nursery plantation or ornamental pleasuregrounds, or for any land of less extent in area than quarter of an acre within any city town or borough, or for any land which is the site or is within one hundred feet of the site of any -house manufactory hospital asylum church public building, or any cemetery dam reservoir or waterworks, unless the consent in writing of the owners or trustees of such land accompany such application. 5. Such Superintendent may refer any such application to any Warden acting within such Province under any Act relating to gold mining, and shall inform the applicant thereof.

6. Upon such reference the applicant may obtain from the Warden a summons to the licensee lessee or owner in fee of the land to which the application refers, to appear before him on a day and at a place therein specified to show cause why such land shall not be resumed. :

7. The Warden shall give notice in some newspaper circulating in the district that on some day not less than fourteen days from the date thereof he will proceed to hear such application; and every applicant, if there be more than one, shall on the day appointed appear before the Warden, and in default of such appearance, or of sufficient excuse for such default, the application shall be dismissed as against such applicant. 8. Upon the hearing of the summons, the applicant shall, unless the parties summoned appear, prove the service thereof, and shall also prove that the land is auriferous or argentiferous,'and may be mined with a reasonable profit; and shall also produce evidence as to the market value of the land and the improvements thereon at the date of the of the issue of the summons.

9. The Warden, whether all. the parties be present or not, shall hear receive and examine evidence, whether it be tendered to him or called for by him, and may obtain the assistance of engineers surveyors valuators or other scientific persons, the expense whereof shall be deemed to be part of the costs of the hearing, and may a,djourn the hearing from time'to time as he t thinks-fitr 10. The Warcten shall report to the Superintendent the evidence he has received and his opinion thereon, and the amount of costs (if any) which the applicant ought to pay. j. lL Upon the report of the Warden, the Superintendent shall determine whether the land in whole or in part shall or shall not be resumed.

12. The costs of the inquiry, including all costs of the licensee lessee or owiier in fee, shall be paid out of the sum deposited by the applicant, or if there be more than one applicant in equal proportions, unless the Superintendent otherwise order, by the several applicants, and the balance (if any) shall be returned to the depositor or depositors. 13. If it be determined that the land in whole or in part be resumed, the Superintendent shall cause notices to be sent to the licensee lessee or owner, and shall agree with him as to the value other than auriferous or argentiferous of such, land and improvements at the elate Of the issue of the summons as aforesaid.

14. If it be determined that the land in whole or in part be not resumed, no further application in respect to the same land shall, unless by the special direction of the Superintendent, be entertained within twelve months from the date of the refusal of the application.

15. In default of such agreement, such value ! shall be determined by arbitration in manner as follows :

One arbitrator shall be appointed by the ■licensee or lessee or owner, and another arbitrator shall be appointed by the .Superintendent, who,'together with an umpire to be appointed by such arbitrators, shall be arbitra-

tors ; and such three arbitrators, or any two of them, shall make their valuation or award in writing within three months after the date of their appointment, and every such valuation or award shall be in the form contained in the Second Schedule to this Act or to the like effect, and shall be transmitted by the arbitrators to and be deposited in the office of the Superintendent. 16.. TJpon any valuation or settlement by arbitration under this Act, the Superintendent, on the request of the licensee or lessee or owner, his executors or administrators, or by leaving the same at his residence on the allotment, an appointment of such arbitrator by the Superintendent; and the licensee or lessee or owner, on the request of the Superintendentp shall appoint an arbitrator by delivering at the office of the Superintendent an appointment of such.; arbitrator under the hand of the said licensee or lessee or owner. If for fourteen days after the delivery of any such appointment by either the Superintendent or the other party, the party to whom such appointment has been delivered fail to appoint an arbitrator, the arbitrator appointed by the, party delivering the notice shall be deemed to be appointed by and shall act alone 'on behalf of both parties, and shall , make his/valuation, in writing within such time and in such form as hereinbefore provided in respect of valuations or awards to be made by two arbitrators; and the valuation of any arbitrator or arbitrators so appointed shall' be binding final and conclusive upon the Superintendent, 4 and the licensee or lessee or owner, to. all intents and purposes whatsoever.

17;.: If before the making of- such valuation as aforesaid any arbitrator die or refuse or become incapable to act, the party by whom such, arbitrator was appointed shall appoint in like manner another in his stead; and if either party fail so to do for the space of fourteen days after notice from the other party in that behalf, the arbitrator appointed by the party giving, the notice may proceed alone ex parte ; t and every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose stead the appointment is made. 18.' When such value has been ascertained, the Superintendent may . direct that the money be paid either to the licensee lessee or owner, as the case may be, or if other parties appear to be interested therein into'the Supreme Court, to abide/the' direction of the Court as to its distribution. Such moneys shall be paid only out of such moneys as may from time to time be appropriated by the Provincial Council of such Province for the purpose, or out of such moneys as shall be supplied by the applicant or applicants for the purpose. 19. The amount of all unpaid license fees rents or purchase money, which if the land had not been resumed before grant would have, been payable to the Crown before-the issue of a grant in fee, shall be deducted from the sum agreed upon or awarded as the value as aforesaid.

20. Upon payment of the value as aforesaidj and upon the recommendation of the Superintendent, the Governor in Council may/ by. a notice in the ' New Zealand Gazette and in the 4 Gazette' of the Pro vince in which, the land is situated, declare that the land in such application described has been resumed for - mining purposes by her Majesty ; and thereupon the whole estate and interest of 'the licensee lessee or owner, and of every person claiming through or under him, shall cease and determine, and the land shall be deemed to be Crown land, as if the same, had never been alienated, and the Registrar of Titles shall make in his Register the proper entries accordingly. 21. The names of the successful applicants, in the order of their application, shall be published in the notice of resumption, and such order shall determine their priorities inter xej and until thirty days after the date of such application, no act of any person other than such applicants, or some person by them authorised, in that behalf, done xipon or in relation to such land, shall be of any force or effect in creating or intimating any right oxtitle, or determining the priority of any application for permission to mine in or upon the said land or any part thereof, or to occupy the same or any part thereof for any purpose in relation to mining. 22. The Superintendent shall, in exercising the powers conferred hereby, act with the advice of'his Executive CotmciT(if any). 23. This Act shall only be in force within a proclaimed Goldfield, and shall not come into operation in any Province, excepting the Province of Otago, until a recommendation be made by the Superintendent and Provincial Council of any Province that the Act be brought intoj operation within such Province, and a Proclamation by the Governor in Council to the effect be published in the ' New Zealand Gazette ' and the ' Gazette ' of such Province.

... FIRST SCHEDULE. Form of Application for Resumption of Land for Mining Purposes, under Section 3. I, ~ of , assert that the land [Describe the allotment] was alienated since the Act intituled " The Resumption of Land for Mining Purposes Act, 1873," came into operation, by license [or lease] [or grant in fee]; that the said land contains gold or silver, and may be mined with reasonable profit; and that I believe its present value to be £ , or thereabouts. I hereby apply the said land shall be resumed for 'mining purposes; and I send •herewith, the sum of £2O, in accordance with the provisions of the said Act, and for the therein mentioned. , ' : , SECOND SCHEDULE. Form of Award of Compensation, under Section 15. We, A.B. of«&c., €.l). of &c., and E.F. of

&c., liave valued the lands and improvements thereon 7 submitted to us for arbitration, situate at. , and we find the said value to amount to : £ , payable to the said . And we make our award accordingly. In witness whereof we have hereunto set our hands the dav ■■■■of'. . A.B. C.D. E.F.