THE Otago Daily Times. "Inveniam viam aut faciam."

Otago Daily Times, Issue 206, 6 August 1862, Page 4

THE Otago Daily Times. "Inveniam viam aut faciam."

DUNEDIN. WEDNESDAY. AUGUST ti, ISG2.

In the last Nuc ofthe Otean Provincial Government Gazette, published on Monday, appear a series of proclamations affecting the Gold Fields ofthe Province. Tbey comprise a proclamation for the extension of the Tuapeka District, another altering the limits of the Gabriel's District, and a series of additional rules and regulation'? for the gold fields, afl'eetin_: the subjects of residence certificate?, protection of claim*, and the i*<me of business licences. The.-c proclamations are all important, and we propose to consider them .seriatim. It is gratifying to find that the remarks wliich we have from time to time made concerning tlie neglect of the Gold Field*, have had somo result. In tbe first place—with regard to the extension of the Tuapeka Gold Field—we find that the boundaries of that district are now aa follows :— j Comimmeing at the junction of the Scrub-Burn I and the Clutha lliver, thence by the Scrub-Burn to its sources ; thence by the water sheds of the Tuapeka stream and Clutha Hiver b, ih» Lamraerlaw : thence by the water sheds of the Waipori and Lee, and Tr.sqnlmr streams to Maungatua ; thence by' the t-oundaiy of the West Taieri and North Tokomairiro Hundred* to the north branch of the Tokomairiro Kiver; themv by the Tokomairiro Hiver to the main south foi I ; tht-neo by tho sai 1 road to its intersection with L'v.-H's Cr.-A; thence by Lovell's Creek to the boundary of th- run tMimlwretl f>J ; thence by the boundary of the said run to a point situated northeast of the source* of the Crook-Burn; thence by a sonth-wenterly line te the sources of Crook Burn ; thence by the Crook-Burn U> its junction with the Clutha Kiver; thence by ths Clutha Kiver to the .starting point. To many of our readers who have not access to maps, this description may not convey any very definite idea; but, when we mention that the effect of the alteration is to include tho "Woolshed diggings within the limits of the Tuapeka gold-field, it will be understood that the alteration is an important one. This district has hitherto been in the awkward position of not being within the proclaimed boundaries of any gold-field; and the consequence has been that the Mining Regulations proclaimed for the Tuapeka «oldficld were of no effect on the Woolshed,°and, moreover, the authority of the Warden was void: bo that, practically, there was no legal protection for miners. These evils were frequently pointed out iv our columns, and latterly became an almost intolerable nuisance to the mining population of the neighborhood, who held meetings, and represented their grievances to the Provincial authorities. It is, therefore, with great pleasure that we see the proclamation of the change of boundaries, by which the district in question is brought within the operation of mining law, and under the authority of the Gold-fields Commissioners and Wardent. The boundaries of Gabriel's Mining Board District are altered and defined as follows: Towards the west by the boundary of the Tuapeka Gold Field; towards the north and ea«t by the Watershed between tho Tuapeka and the Waipori and Waitahuna Rivers to the south western boundary of run No. 51; and thence by the boundary ofthe Tuapeka Gold Field to the starting point. There are also some additional rules for the election of members, by which it is provided that any petition disputing the validity ofthe election of any member of the Hoard, must be signed by at least six duly qualified electors, and be forwarded to the Superintendent within fourteen days after the declaration

of the election, and must moreover be accompanied by a deposit of _£10, to cover any expenses attending the enquiry into the election. The deposit being duly made, the Superintendent will appoint a chairman who with the other members of the* Mining Board, will take evidence and examine witnesses on oath, and decide finally; as to whether such election shall be valid or otherwise.

But the most generally important of these proclamations, is that of additional rules and regulations. The first two of these refer to the granting of residence certificates to the holders of Miners' Rights, authorizing them to occupy areas of not more than half an acre each. The introduction of these residence regulations can hardly fail to prove a great boon to the miner, who has hitherto had no defined right to occupy the Crown land ; for although j the 4th section of the Gold Fields Act, I 1858, provides that the Miner's Right i shall authorize the holder of it to occupy for residence "so much of tlie "waste lands of the Crown comprised in " any gold-field, as may be prescribed by such " regulations," yet as no quantity or area was prescribed in the regulations it must be clear that the miner could have no definite right of occupation . Tt was evidently an oversight in the framing of the regulations that all mention of residence should be omitted, and the present additional regulations will supply a very decided requirement. We append the regulations in full, by which it will be seen that persons desiring to occupy residence areas must mark out the ground they wish to take up, must post notices, and must make application in a certain form, and on obtaining their certificates pay a registration fee of ss. These registered residence certificates will be, as it were, the title to the land, and may be transferred from one person to another on payment of a fee of 2s. Gd. for fresh registration. It is to be hoped that the mining population generally will avail themselves of the opportunity thus afforded them of acquiring the use of half acre lots of ground which they will be able to fence iv and cultivate, and the right to which, being transferable, they may sell or otherwise dispose of whenever they leave the neighborhood. Tt is true that the land may be taken if required for mining purposes, but as the occupier can demand and obtain compensation for his improvements, he wiil have almost the same security as if he held a lease of the land. We look upon these residence clauses as of the utmost importance to the well-being of the mining community, and as lieing likely to promote the formation of settled habiN, and to encourage the miners to build themselves substantial houses, and to surround themselves with the comforts of home. Tbe only fear is, that the privilege may be abused by being us=ed for taking up land, ostensibly for residence, but in reality, for mining purposes. The residence regulations are as follows:—

j 1. Area which may be occupied for \ Jiesidmee. Subject to the conditions hereinafter set forth, the holder of a -Miner's Right shall be entitled to occupy for resid«nce au area jof Crown lands not exceeding1 half an acre, or "J,'2io square yards. 'J. liesulenee Areas to be lieyisicred. Any person desirous of occupying- land under the preceding reg-ulation, sliall mark the corners of the area Which he proposes to occupy with _jj trenches, or substantial p-ists standing sit least three feet above tlie | suriace, and sliall give notice in writing in | the form hereunto appended, to the Warden Tof the district, and a copy of such notice | shall be posted and maintained in some conspicuous part of such area for the space of seven dear days, at the expiration whereof, if no valid objection has been entered thercajrainst, tli« Warden may grant, v Residence Certiiieate to the applicant. •J. Discovery of Auriferous Deposits. If any auriferous deposit sliall be traced to the boundaries of any land occupied for residence^ the Warden may, upon satisfactory proof thereof, authorise any surveyor or other person, by writing- 'under "liis hand, to enter thereupon, and at such times, and in such manner as he may appoint to search tlie land so occupied "for a continuation of the said auriferous deposit. 4. Auriferous Areas may be Worked. If any residence urea shall be proved to be auriferous, tiie Warden may, upon application, order the whole or any part thereof to be given up for mining- purposes to such persons as he shall nominate : Provided that the original occupier shall be entitled to one full claim therein. it. Compensation to be paid. In all cases compensation for actual damaye or loss shall be estimated by assessors, and paid to the occupier of suet area by the persons desirous of mining' thereon, prior to their tuking- possession thereof.

0. Conditions of . Worhiny. The Warden shall'make such orders relative to ,the mode of working tlie ground, the restoration of the soi?, and other conditions as he may deem necessary or desirable. 7. Transfer or Assiynment. The right and interest in any area occupied under a Residence Certificate may l>e transferred or assigned by the holder thereof but such transfer or assignment shall, in all cases, be registered with the Warden, and endorsed "on the original certificate. c 8. Itegistration Fees. The fees payable for registering- any such application shall be five shillings (os.), and the fee for registering any transfer or assignment shall be two shillings and sixpence (2s. Gd.) FORM OF NOTICE REFERRED TO. No District of. .... 186 I hereby give notice that I desire to Occupy fir Residence... (state the extent)... of land fitnate at and that I have this day marked the corners of such land with (posts or trenches), in conformity with the Regulations herein made and provided. Signature of the applicant, ( and thenumberaud date \ of his Miner's Right: j Another regulation refers to protection to claims, antUs to the following effect:—" When " any claim is under protection for a longer " period than seven days, the occupier thereof

shall post and at all times maintain on some conspicuous part of the said claim, a board 1 not less than nine inches square, with the- " word "Protected" and the number of his " Certificate painted legibly thereon." This appears to be an excellent provision, as being likely to prevent much misunderstanding among miners.

The last regulation alters the fee for a business license from 255. a quarter to £5 a year, and fixes the maximum area of the allotment of land to be occupied under a business license at 800 square feet, tlie frontage whereof shall not exceed 20 feet. This is a slight alteration on the old regulation, which arbitrarily fixed the business allotment at 20 feet frontage by 40 feet depth, although, as will be seen, it does not grant any larger actual area.

The dilatoriness of the Government in arranging a contract for tbe carriage of the mails between Melbourne and Otago, is likely to receive a very unpleasant exemplification,— one, it is to be hoped, that will arouse the Chamber of Commerce into bringing to bear some pressure on the authorities to induce them to more actively bestir themselves. The contract with the General Government for conveying the English mails to Melbourne for three months ended last month; but we believe, under some provision or another, it was agreed to be extended another month. But, as we have before shown, the terms which Mr. Ward arranged were quite unsuited to the service; and the efficient manner in which it has been carried out, has alone depended on the good will of the contractors. They have used their fastest boat, at a great loss to themselves, in having on several occasions to despatch her, both from Melbourne and from Otago, short loaded, owing to her limited detention in port. By their contract, they are under no penalty for not catching the English mail steamer; neither are they tied as to the boat they may use. All they have to bind them is a penalty of thirty shillings an hour for any delay they make in the time of sailing. Seeing that no appreciation has been expressed, either by the Government or the mercantile communirv of their having, on two consecutive months brought down the mails in time to allow answers by the return English steamer, and seeing that the Government keep on delaying about the contract, they have probably grown careless ofthe whole business, and resolved to consult their own com-enience first. As a consequence, we may infer, tbey are sending down the Omeo to take back the English mails this time. This steamer is well found and fitted, and her captain makes his passengers so comfortable, that they are always glad to sail with him, but nevertheless, she is not suited for a mail boat, at least not for taking the English mails back to Melbourne. In bringing them down a f ew hours are of less consequence. In plain fact if she leaves here on the lSth, up to which time she has to wait for the Northern mails, she cannot be 'calculated on to reach Melbourne in time for the English mail s;eamer, which leaves on the 26th. She may very likely do it, but she is not certain Those whose correspondence is of importance, to make " assurance double sure," should write by the City of Hobart, which leaves on Thursday. We hope that the Government will no longer delay entering into an efficient contract. The Provincial Council entrusted them with the powers for the purpose, but the only result, hitherto, has been prolonged negotiations, which, as far as the public have°been suffered to learn, appear to have resulted in nothing. The necessity for closing the matter is the more urgent, seeing that Auckland may shortly offer considerable attractions to shipowners, and the authorities there may prove more alive to their position than those of Otago appear inclined to be.