THE MINING CONFERENCE.
"We bare published on two occasions extracts from the reports of the proceedings of the , Conference. The sittings were brought to a conclusion on the 10th inst., f £eh the following report was adopted :-r-jV; The Conference of delegates elected by mioen of the province, met here for the
purpo9© of moTe effectually uniting themselves as a body to protect their interests, and to offer suggestions to the General Government as to the framing of a Gold Mining Bill. Taking advantage of the offer of the Government to receive and entertain such suggestions, they would humbly place at their disposal the following report of their proceedings for consideration : — The Conference is of opinion that there exists a great necessity for altering the present laws relating to gold mining. There are so many acts .and parts of acts in operation on the goldfields, that they conflict with each other, and confuse, to such an extent, that the miner, however intelligent, cannot know exactly what is law ; also, that these acts deal with the miners too much as a separate body from other branches of the community. The Conference admits the necessity of pro- ; viding the miner with a law to legalise bis calling, to provide a right to mining, and to mining property. But it is of opinion ; that the common law, unless in exceptional case* which may come under the bill, may be fairly applied to miners. OCCUPATION OF CROWN LANDS. The right and subject of occupation of crown lands for mining purposes is one of the main objects that should be treated by a Gold Mining Bill. Having carefully considered the law as it at present stands, we would endeavor to point out the evils that now exist. First then, the miner's right, as an element of title, has come under our very serious consideration, and private opinions of the legal profession have been freely received and" entertained by the Conference. The object or uses of the miner's right we consider to be a means of providing revenue in proportion to the amount of crown lands held in possession by the miner, or to give the miner a locus stand* on the goldfields ; but it la, or may be used by the law as an instrument^ of tracing title to mining properties, which, by the present law, might act unfairly to a rightful owner of property. Though the miner may have acquired such rights honestly, a lapse occurring in the issue of right, either by present or previous owner, would be likely to endanger the whole title. The Conference agree that the miner's right or license confers great privileges, which it would be unwise to abolish — such as giving miners a right to vote at elections, the right of grazing two head of great cattle on a goldfields common, and certain other privileges on the goldfields. We are of opinion that it would be advantageous to adopt the system of the possessory title, with the provision that a miner's right or license may be granted for any period from one to ten years, and be made available in all parts of New Zealand ; which we consider to mean that claims ir.ay be taken up and held without the holder or occupier being the actual possessor of a miner's right, and that it imposes strict penalties for neglecting to take out a miner's right. Under the present head, extended claims and gold mining leases may be considered, and this Conference would recommend the abolition of the present system of gold mining leases. We would point out some of the peculiar objections. One is, that if a lease is applied for, even if there is no objection, a long period elapses before a proper title can be obtained ; also, in case of objection, if it should be valid, it will take at least two or three months before it can be unlocked from the applicant. The object of the mining leases appears to be to give a more secure tenure than the miner's right or possessory title, and it also seems to provide for a greater extent of land being held by paying a rent, under moreeasy restrictions than a claim held by a miner's right, or as to keeping the required amount of labor employed. Another evil of leasing, which causes considerable annoyance, is, that the right to transfer or sell all such properties is too cumbersome. It is necessary to provide machinery to give a good title to mining property, which could be simply acquired, and also simply transferred. The system of licensed holdings, as established by the Gold Mining Districts Act (Auckland) would be a good substitute both for extended claims and gold mining leases. In recommending this, we do not include the clauses referring to inspection, forfeiture, and penalties. The size of claims and number of men to be employed, we suggest, should be dealt with by regulations made under the Act. In support of this, we may state that, while we believe that a Goldfields Act should bo mada to embrace the whole of New Zealand, the regulations should be made to suit the different districts or provinces Should it be desired to define any particular area which claims should not exceed by the Act, not leaving the same to be dealt with by the regulations, we would recommend that the area of any claim or licensed holding do not exceed ten acres in alluvial claims, and in quartz claims sixteen acres. In the case of quartz reefs or lodes, the right should be given to follow such veins with all their dips, variations, and angles, to any depth, although they may enter the land adjoining. Before concluding the present subject, we would recommend to the consideration of the Government and the trainers of this new Gold Mining Bill, an extract from the appendix to Captain Baldwin's report on " Mining in the State of California": — " And be it further enacted, That whenever any person or association of persons claim a lode* or vein of quartz or other rock bearing gold, silver, cinnabar, or copper, having previously occupied and improved the same according to the local customs or rules of miners in the district where the same is situated, and having expended in actual labor and improvements thereon an amount of not less than ono thousand dollars, and in regard to whose possession there is no controversy or opposing claim, it shall and may be lawful for said claimant or association of claimants to file in the local Land Office a diagram of the same, so extended laterally or other? wise as to conform to the local laws.
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Southland Times, Issue 1680, 24 December 1872, Page 3
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1,114THE MINING CONFERENCE. Southland Times, Issue 1680, 24 December 1872, Page 3
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