THE Thames Guardian AND MINING RECORD. SATURDAY, OCTOBER 14, 1871.

Thames Guardian and Mining Record, Volume I, Issue 7, 14 October 1871, Page 2

THE Thames Guardian AND MINING RECORD. SATURDAY, OCTOBER 14, 1871.

The late case in the Warden’s Court involving the Providence Claim shows the urgent necessity of an entire revision of the existing Goldfields Act. We sincerely trust the assurance from Air. Gillies that such a measure is contemplated in the present session of the House may prove substantial; that the knowledge and judgment of the goldfields, members may be brought to bear on the subject; that,it may be referred to a select committee, and evidence taken from professional men and others who are experts in the requirements of this particular class of legislation. The anomalous character of the existing statute, with its varied amendments, is .apparent to all who care to bestow a thought upon the subject, while the conflicting verdicts delivered by the Warden upon cases which exhibit a fair parallel shows that his discretionary power is anything but clearly defined. The matter of the Providence Claim shows in glaring colours the necessity of the change we meditate, The claim is valuable, but its worth has been developed by. long labour and at the cost of the shareholders. This enhanced value was evidently known and appreciated by the parties who took proceedings, and who now may congratulate themselves upon the legal (?) possession of a property which did not cost them a penny. This permissive jumping is a curse to a goldfield such as ours ; it exhibits a miserable paucity of intellect in the framers of the Act who authorised it; it is a premium for rascality, an incentive to sharp men to grow rich upon the toil and cash of others, and a fertile source of revenue to ‘‘ learned Counsel.” who fatten upon this style of litigation. We heartily trust this objectionable feature may be expunged from the new bill, and that a fine may be substituted upon offending or neglecting parties, and in the event of forfeiture the claim to revert to the Government to be dealt with as may seem most desirable. It may be sold by auction, and the fund realised appropriated to the public works of the goldfield. The ease before us is one of peculiar hardships to the shareholders, they forfeit their right from the accidental neglect of the legal manager to renew the consolidated miner’s right. The punishment falls upon the innocent, and thus the prin-

ciples of British jurisprudence are violated in 'this pernicious' enactment. The object of euliglvteued legislation is to punish the. guilt)’ alone, to repress chicanery, to stamp-out oppression, and protect the innocent frWi the machinations of the wicked- —in all these particulars the Goldfields Act lamentably fails. In no other relation between ninii anil man can wtf discover any law assimulating to this. Re-entry upon a lease for violating its expressed or implied conditions is the. nearest approach to this exceptional legislation : but on reviewing the salient features of each, a wide distinction is apparent. In the one the right forfeited is the exclusive property of the lessee, who administers to it himself, or is voluntarily surrendered to an agent. In the other it is largely subdivided; each share, the property of the holder who sells without consulting his co-shareholders, and the control centred in the person of a legal manager appointed by the Act. This functionary may or may not he responsible for an act of mismanagement entailing the confiscation of the entire property, his position is a trust, and the loss may result from forgetfulness as well as from culpable or criminal neglect. The law should step in with a protecting care over the interests of persons confided to an agent whom the Act compels the company to appoint, and the privilege of nominating such agent should in no wise be considered as an equivalent for the loss of an entire property. We trust the attention of the Government will be directed to this vital question, which affects not only the prosperity of a community, but the advancement of the entire colony. Calm and deliberate investigation should be given, and if the peculiar circumstances which surround the Government holding of the Thames necessitate a separate bill, we hope no parsimonious consideration will withhold, it.