THE Thames Guardian AND MINING RECORD. TUESDAY, OCTOBER 24, 1871.

Thames Guardian and Mining Record, Volume I, Issue 15, 24 October 1871, Page 2

THE Thames Guardian AND MINING RECORD. TUESDAY , OCTOBER 24, 1871.

The Gold Districts Bill "which it is proposed to introduce is an Act of the greatest importance, for if it becomes Law, the existing Acts will be superseded, and although it will have, of course, no retrospective effect, and existing rights will be preserved under it, some material alterations are contemplated under its provisions. The Bill has evidently been drawn by a lawyer, who has at heart the interest of the capitalist rather than the working man. At the same time it must not be forgotten that in legislating for this field some peculiar difficulties have to be encountered. The Thames Gold Field is unlike any other in many respects. The land is private property belonging to the natives, and is leased from them on certain conditions, the precise nature of which we have never seen clearly laid before the public. The native owners consider that under this agrement they are entitled to LI per year for every miner on the field, and the Act before us has been framed with a view to satisfy this condition, but as a yearly rent of LI is to be paid for every 15,000 square, feet of land, and in addition a miner’s right of LI, it looks very like a man having to pay L2 for Ll. In case of forfeiture, if there be more than one applicant for the land,it is to be put up by auction —a provision clearly conferring a great advantage on the capitalist. The powers conferred on the Inspector under the new Act are also very considerable innovations, and how far these may be a move in the right direction is a matter for consideration. The Act has not yet become law, and probably will not pass without material alteration, but on a question in which the public are intimately concerned, it will be well for them to express their opinions on a measure vitally affecting their interests. Opinions appear to differ very much as to the probable advantages of the proposed enactment. Doubtless, it is a difficult question to legislate upon, and one upon which many have tried their hands. The Bill now before us is supposed to be the handy work of Mr. Whitaker, who has had a long experience, and possesses many high qualifications for undertaking such a task, but if the result be that the working miner has got to pay £2 for £l, and that his property is liable to confiscation at the hands of an “ Inspector,” it may be doubted whether the new Bill will be any material improvement on the last. We append some of the most important provisions of the Act, so that the public may judge for themselves: —

8. Any person desiring the exclusive occupation of land for mining purposes within any district shall mark out the same by causing to he erected at every angle thereof, a post not less than three inches square or three inches in diameter, and standing not less than two feet above the surface of the gronnd, and any piece of land so marked out shall be called a claim. Provided that when an angle cannot be so marked on account of the nature of the ground the post may be placed at the nearest practicable point. (j (12. The owner of any claim desiring to obtain a license under this Act shall lodge an application for the same together with a plan of the land applied for at the Warden’s office where every such application shall be recorded in the order in which it is received in a book to be kept for that purpose, together with the day and hour of the receipt thereof. 13. The applicant shall at the same time deposit with the Warden a sum after the rate of one pound sterling for every fifteen thousand square feet of la*d conir prised in the application to be dealt with as hereinafter provided and a further sum of five pounds in respect of each application the balance of which after deducting the expense to be incurred in advertising and otherwise will be returned to the applicant. 14. The Warden shall give ten clear days’notice of the application by newspaper advertisement and shall therein name a day on which the application will be granted if no valid objection be in the meantime made such day not being less than thirty or more than sixty days after the day on which the application is lodged. 37. If any licensee of land water race dam or reservoir shall fail to pay any license fee when it becomes due or within sixty days thereafter or if he shall fail to comply with any other of the conditions on which he holds his license sHch license Bhall be liable to be forfeited. 38. In such case the Inspector shall give notice to the licensee specifying the con-

ditions of the license that have not been complied with and warning the licensee that at the expiration of ten days he will proceed for a forfeiture. Such notice may be served personally on the licensee or some one of them when there are more than one if he or they can conveniently be found, and if not such notice shall be posted on some conspicuous part of the land comprised in the license.

38a. As soon as conveniently may be after the expiration of the ten days the Inspector shall investigate the case and after hearing the licensee if he shall state in writing his desire to be heard and making reasonable allowance for efforts made in the meantime by the licensee to fulfil the conditions of the license shall decide thereon in a summary way. The Inspector may if he think fit declare a part only of the land comprised in the license to be forfeited. 39. When such decision shall be adverse to the licensee the Mining Inspector shall immediately thereon cause a notice to be served on the licensee or some one of them when there are more than one if he or they can be conveniently found and if not such notice shall be posted in some conspicuous place upon the land comprised in the licence. Such notice shall convey the decision of the Mining Inspector and shall briefly state the grounds thereof. 40. If no notice of appeal be given as next hereinafter provided the license shall be deemed to be forfeited and all right title and interest of the licensee shall thenceforth be determined and void.41. If within ten days after the service or of the posting of such notice the licensee against whom tho decision has been given or any person acting on his behalf give notice in writing to the Inspector and to the Warden that he is dissatisfied with the decision of the Inspector and appeals against it the Warden shall appoint a time and place for hearing such appeal of which tho licensee shall have reasonable and timely notice and at such time and place the Cdurt shall proceed to investigate the case anew and decide on the -whole facts of the case. 42. In lieu of declaring a forfeiture it shall be lawful for the Court to substitute a monetary fine except in cases in -which there has been a wilful and continuous breach of any condition of the license. There is great doubt whether the proposed Bill, which is introduced by Mr. Vogel, will pass, and whether it will work well for the 1 field is very problematical. It is, as we have said, evidently framed in the interest of the capitalist, and is not regarded, as far as we can learn, with any particular favour by the working miner; not that there is any reason why the interest of the one should he antagonistic to that of the other, but rather the reverse, for the interests of both should be identical. There is no doubt, however, that the proposed Goldfields Act is not likely to meet with any unanimous verdict of approval, and it will very probably not become law as it at present stands, but if it pass at all, will be subjected to many modifications.