New Zealand Times. (PUBLISHED DAILY.) TUESDAY, JULY 24, 1877.

New Zealand Times, Volume XXXII, Issue 5096, 24 July 1877, Page 2

New Zealand Times. (PUBLISHED DAILY.) TUESDAY, JULY 24, 1877.

We have before us the Bill to be brought forward this session by the Hon. Mr. Reid to consolidate and amend the laws relating to the goldfields in the colony. The short title of the Act is the,Mines Act, 1877, arid it is proposed that it shall come into operation on the Ist of. January next. The several Goldfields Act passed since 1866 are repealed, but there is a saving clause as to anything; lawfully done or validated by previous enactments, and’ also as to existing rights and liabilities, appointments, penalties, and proceedings pendirig in-any Court. Bower is given the’ Governor to constitute and abolish mining districts, and to cancel depasturing licenses, the licensee to be compensated, as provided for by the-Public Works Act, 1876, the amount of compensation not to exceed 2s. 6d. per acre. A miner’s right, which will be in force for any number of years not exceeding 15, is to be granted to 1 any person applying for it on payment of £1 per year. Consolidated miners’ rights, to be in force for three years, can be taken by managers or trustees of mining companies. These documents authorise the holder to search for gold, and to occupy land subject to such regulations as may be made; arid no person is to be entitled to occupy, for the purpose of residence or cultivation, more than one parcel of land, the same not to exceed one acre in extent. -These holdings may be assigned, registered,. and divided into shares. Business licenses may be granted, on payment of £3 for six months and £5 for twelve months. Owners of a freehold, or holders of agricultural leases on deferied payments are not required to take out business licenses: The area of land to be held under such license. is not to exceed one quarter of an acre. The holder may put up and remove any building. These licenses may be transferred. Miners’ rights, &c., may be ante-dated. Streets and roads may be mined upon on obtaining leave from the Corporation or, other body having the care and management of them. Licenses to construct water-races will be granted to persons applying for them, subject to certain regulations. These races are to bo marked out, and notice in writing must be given to the owner or occupier of any land through which it is proposed to carry the race, and, a record of such notice is to be kept by the Mining Registrar. Thirty days from the date of the receipt of such notice by that officer, if no objection be lodged, and no reason is known to the Warden of the District why a license should not be issued, it will be granted for a term not exceeding fifteen years, the sum of five per year for each sluice-head being paid. Such license will be renewable at the end of the term for which it was issued, for any term not exceeding fifteen years. Any owner or occupier of private lands on which it is proposed to divert any water or construct a race, may, within thirty days of the receipt of notice, serve a notice of objection, and the matter will be adjudicated upon. Compensation must be _ paid before .any entry is made on private land. No person is to back the water _ of any creek, &c., so as to cause any claim to be flooded. If the holder of a licenses does not construct a race of sufficient capacity to carry the number of heads registered, the number over and above what the race is capable of carrying shall tie liable to forfeiture. Licenses to search for minerals other than gold may be granted. Mining leases may be granted to any person, company, or corporate body, for a term not exceeding fifteen years, compensation for improvements to be paid by the incoming tenant. . The Governor may from time to time, by proclamation, declare any Crown lands within any mining district not held under license or lease open for sale or selection, insectionsof such size as hemaydeferraine. Avalußtion for improvements is to be made, and the amount added to the upset price. Agricultural lessees who have planted, cultivated, or otherwise improved two-thirds or more of their holdings, are to be entitled to purchase the freehold at any period, not less than three nor more than seven years, from the time of the commencent of the lease, at such upset price as may be fixed by law for Crown lands of the same class in the district. The Governor may make and alter rules for the depasturing of stock and other purposes. Upon petition of not less than 500 persons holding miners’ rights, the Governor may declare any district constituted under-the Act a district for the purpose of forming a mining * board, prescribing what shall be the number of members, and what qualifications shall be .required to render them eligible, and the mode of conducting the elections. : The Board is to have power to frame by-laws and regulations; but if if shall - appear to the Governor thafthe ‘Mining Board is not doing its clutyit shall belawful to suspend the Board /for. such time as he shall see fit, and to revoke the by-laws, making regulations in lieu thereof.. Owners of machinery employed in raising or draining water from any- mine are to be entitled- to receive contributions from holders or workers of adjacent mines benefited by such. machinery ; and if'these'persons refuse to contribute, they may be sued.in the Warden’s Court.' The general, provisions relate to the appointment, of. receivers of gold revenue, mining registrars,, priority of registration, liability of holdings to forfeiture if the conditions on which they are held are not compiled with, and provide for the institution of suits'to obtain possession of abandoned holdings.* The Governor may at any time sot apart any portion of Grown lands for the deposit of tailings and debris' from gold Workings, &c. Special claims of greater area than may be determined upon by thlo- regulations 'may be granted upon application being made and reported upon' by thri Wafden of the district. Interests are nqt to-be.forfeited for.want of. miners’, rights.;. liut persons bringing suits must take out minors’-rights, and must pay the pejoalty imposed’lor ’mining upon or 06bhpying Grown lands'without a license. In) any case wherein foHeitufe accrues by the Act, a mpnetary 'fine may be substituted. The Governor- shall have power toj reserve any Crown , lands. within a mining district, and may make regular tiohs when no sufficient provision. is made. Every rule and i regulation must be laid before the General Assembly

within ' twenty -.eight, days \from, the issuing ■;* thereof' ;if the. Assembly?, be in/session,'i and 7 if“ not, then\ x within fourteen days after tho commencement of the next session, land'-eyfery .regulation-'musts be published in the Gazette. The Governor may declare the Act not to,apply to.certain ,districts, .and may 7 delegate his powers, and may alter or revoke such .delegation.: The Governor by Order in Oouncil may constitute Wardens’ Courts:" “The wardens are to’deter-’ mine both law< and fact, and if they think fit may reserve any question in the form of a special case for the' opinion of the Supreme Court. Any complaint may be heard before the Warden’s Court and four assessors. ‘ Either party to a suit may demand the inspection of any claim, &0., in dispute ; and if. it appear necessary to the warden, he may order a survey, the costs of which are to be deemed a part of the costs of the hearing. Re-hearing, injunctions,- &c., may be granted. Special powers are given to the Warden’s Court for the seizure of auriferous' earth and entry on adjacent claims, &a. Appeals may be made from the Warden’s Court to the District Court; or, where there is no District.C.ourt with full jurisdiction, then to the Supreme Court.. Penalties are provided for unauthorised occupation, for mining on private lands without authority, for forging documents, for breach of regulations, for depasturing cattle without the consent of the lessee, or on Crown lands without a ; license ; also, for' neglect to attend bn summons. It is provided that if any Warden shall knowingly adjudicate in any matter in which he shall have either directly or indirectly, any pecuniary interest, he shall be guilty of a misdemeanor, and be liable to fine or imprisonment, or both.