ST. BATHANS.—Sept. 1.

Mount Ida Chronicle, Volume V, Issue 287, 4 September 1874, Page 3

ST. BATHANS.—Sept. 1.

Wabden's Cotjet. (Before H. A. Stratford, Esq., Warden.) I An extended claim was granted to Thp- \ mas Hughes. - .' ' ■ s Thomas Hanrahan, protection. Withdrawn. •■ W. Smart and Company were granted a head race, on conditions. Robert Brown was granted a residence area. ' - " ' ■ - • • William Mee executed agricultural lease 512 - • - ■ ■ James Phillips executed mining lease 109 c. .< George Purton and others presented a code of rules, ? under the Main Tailrace Kegulationsitor the, approval of tlie Waft*; den. Michael Fahey and others appearfft to oppose the same, and presented another code." The Warden informed parties that, as they both, assumed the position of being representatives of the .majority of the miners having claims in St. Bathans Basin, -it would be his duty to test which memorial was signed by" the greatest number of legal vpters. It would therefore be necessary for them to prepare a tabulated form, in three columns, setting forth names • of persons, claims where situate, with Nos. and the dates of their minors'rights, and to'consider that the interpretation of the words " majority of persons " means majority of miners and mming-iease-holders possessing claims from which* water and tailings are discharged into the channel. He would also endeavor to explain to them how they would be enabled to vote in such cases, as follows:—A mining-lease-holder would have only one vote,' whether-he employed one man or twenty men, as the mining lease would be his"qualification." The word "person"--is to be interpreted to mean a miner, or panly of miners (being ■partners), a company, or a mining-lease-holder. • Oue man holding an ordinary 'claim, or even less (if'it is his) could vote; so also" the owner of an extended claim. IF two men held one'claini between them, containing one man's ground (whether extended or ordinary), one of the two only could vote; but, if two or more men hold a block claim of two incus' ground or more, by virtue of a certificate, or without one, each man on that block could vote for that portion of such ""block as was held by virtue of hh miners' right. The application of the Water liaee Company for a special claim, iu the presence of George Purton. representing the applicants, and Michael Rihcy, for the objectors. The Warden •said that, according to his promUe hist sitting, he would read out the conditions

he would recommend to be inserted on the deed for the claim if granted. After reading them, he informed those present that he would be glad if all the miners in the basin could have a copy of these conditions to guide them in the future, and that he should have no objection to the proprietors of the ' Mount Ida Chronicle ' taking a copy for their paper with that object. Mr. Fahey remarked that he thought it would be a good thing, and that he believed that the miners would get copies of the paper if the conditions were published. [ln reference to tli'e" above we', publish the conditions prepared by Warden Stratford, and referred to at the St'. Bathans Court last Tuesday : —] CONDITIONS. Ist. That the Channel shall be considered a public outlet for all tailings," debris and sludge, now being, or that- hereaftershall be, discharged into it by persons and parties now engaged, or that shall hereafter be engaged, in mining operations in St. Bathans basin, on the surrounding terraces, or in any place commanding a fall into the said Channel, to be a free and unconditional discharge without any taxes or costs directly or indirectly, for the us 9 of the said Channel aa aforementioned. •

2nd. Miners and others.using the said Channel as aforesaid shall not be liable for any casual damages that may occur by reason of their lawfully .mining, or otherwise discharging into the said Chann^feu 3rd. Any miners requiring to deepen their tajLifaces may do so from the termination of such tail races in the channel—' provided the said channel is of sufficient depth to admit of the" increase of fall in the 1 tail race. 4th. .The residents of St. Bathans township and bashi shall be allowed to terminate their drains in the said Channel for sewerage, purposes. -. - sth. That, should the main public channel be deepened at any time hereafter*this company shall immediately, afterwards "deepen their'(special claim) channel: And if the public channel'is brought up (when being deepened) to the. termination of the special claim, the holders of the latter shall proceed forthwith to connect the latter with the former in a proper and efficient manner, until the gradient brought "up in the public channel be found, and •continued upwards ■' to Lignite Gully at a gradient not" less than* (3"Bft.) three feet decimal eight to the (100) one hundred feet: Provided always that this Company shall notjbe obliged to deepen this (special'claim);-channel to a greater depth than ten fret below the surveyor's peg now placed in the centre of the Chan.nel at its termination'. ,

6th.- Persons working coal seams at any time shall be entitled to use the" • said channclfor surface soil, &c, free of cost.

7th. Notwithstanding a deed for a special claim-setting forth the rights of the said company to a length and' width of t?hannel according.to' survey, that is to say—in length'from survey pegs Lignite Gully to surrey pegs All Nations Point, with a width «f 100 feet from the centre of the Channel on "either side for the 'whole length sections 11to 19, block 11., St. Bathans township): All the rights and of miners and others established before the 18th 'of August, 1874; shall take precedence, and in no way be interfered with by -the holders" of.this special claim, who" shallpossess their right subject to such interests above-mentioned.

Bth." That the special claim and Channel shall'at all" times be maintained according to plan and specifications, and be kept in a manner whereby all the tailings entering into'the Channel may freely pass through and into the public channel. 9th. That gradients, peg's, measurements, width, depth,'.length, and all such mattersvwritten on the deed; or referred to in any dispute hereafter, or in any Other manner, shall mean work performed by District Surveyor Barron :' No previous surveys to be recognised in the deed, nor in any disputes that may arise between this Company;and other persons interested, or that may become interested, in the proper maintenance of the said special claim.

10th. That the present public road be-, tween St. Bathans township and All Nations Point be maintained ; that is to say —that no alteration shall be made at any time to the said roacl-.without •a' written permission from the Warden, who sTiall authorise in. writing the nature and extent of alteration, and provide that the traffie shall not be stopped, nor unsafe gradients or sidelings for vehicle,* ,or horses, &c, nor shall the road i*e "less- in width than 24 feet; neither shall the C linage or storm channels be interfered with by such alterations of the road aforesaid.

11th. That hereafter all persons discharging tailings, debris, sludge, &c, into tlje Company's channel shall cut their channels and tail races into tho same at an angle of not less than 45° .

12th. Upon pr,oof of failure of any. v of the conditions imposed, the Company shall be liable to -forfeiture of all- right, title, and interest to, the special claim: Provided ' always that -the Government may in lieu threof afford, the Company the opportunity of recompensing those aggrieved by.any breaches, of the conditions—the recompense to be assessed by the Warden:' And, in case of forfeiture, a fixed time may be given to enable the said Company "to wash up" the Channel for any gold that there may be in it. 13th. All' the conditions set forth on the deed shall - remain in full force and virtue", and apply equally .to all heirs, successors, and assignees, 'of this Company, or any shareholders in the Company, their heirs, successors or assigns.