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The Pamphlet Collection of Sir Robert Stout: Volume 63

XV—General Regulations

XV—General Regulations.

1.—Interference Prohibited.

No person shall, under any pretence whatever, damage, destroy, or otherwise interface with any race, tail-race, dam, sludge-channel, or drain, machine, or other appliance connected therewith, nor with any claim, unless the sanction of the owners thereof, or the authority of the Warden, shall first have been obtained for such interference.

2.—Throwing Earth or Tailings on Claims.

No person shall throw or cause to be thrown upon any claim other than his own, any earth, stones, grave), tailings, or any other substance, whereby the proper and efficient working of such claim may be stopped or impeded.

3.—Interference with Pegs and Notices, &c.

No person shall alter the position of any trench nor remove any peg from a claim in the occupation of any other person, nor deface, destroy, or remove any notice posted in accordance with these Regulations, nor interfere with any mark or boundary.

4.—Stacking Auriferous Substances.

Any person wishing to retain possession of auriferous substances, may have the same protected for a period not exceeding three months, provided that such substance is properly stacked on ground not supposed to be adapted to mining purposes, and that a board, with the owner's name, address, and date of stacking, legibly written or painted thereon, be posted close to such stack.

5.—Jumping Forbidden.

No person shall take possession of any claim, race, dam, machine, or any other right or privilege whatsoever, (unless the same shall page 21 have been absolutely relinquished) without first obtaining the consent of the owners, or the authority of the Warden.

6.—Penalty may be substituted for Forfeiture.

In all cases wherein forfeiture is decreed by these Regulations, it shall be lawful for the Warden to substitute a monetary penalty in lieu thereof, and to allow thereout a sufficient sum to defray any reasonable expenses incurred by the plaintiff in the prosecution of his suit.

7.—Compensation may be Adjudged

In all cases of forfeiture, the Warden may adjudge compensation to be paid by the person to whom any claim or right may be awarded by the former owner or holder thereof, and to appoint a time within which such payment shall be made; provided that such compensation shall not exceed in amount two-thirds of the estimated value of any work actually performed thereon or in connection therewith.

8.—Permission to enter Claims.

The Warden shall have power to authorise the entry of any surveyor or assessor into and upon any claim for the purpose of measuring the depth of any shaft, or the dip, direction, inclination, or length of any tunnel or drive.

9.—Notices to contain full particulars.

All notices tendered or posted in conformity with these Regulations must contain the name in full of each member of the party, together with date, number, and place of issue of his Miner's Right.

10.—Notices to be posted at the Warden's Offices.

Copies of all notices given in conformity with these Regulations shall be posted by the Warden at his office, and exhibited on the outside thereof during the currency of such notice; provided that non-compliance with this rule shall not invalidate the proceedings in relation to any application.

11.—Warden to be Judge of Objections, &c.

The Warden shall in all cases be the sole judge of the validity of objections to the issue of any Certificate of Registration, and also of what is a "reasonable time" for the performance of any work when no fixed period is provided by these Regulations.

12.—Certificate may be cancelled.

If any Certificate shall have been obtained by misrepresentation, or if any of the prescribed conditions have not been duly complied with, the Warden may, upon proof thereof, cancel such Certificate, or make such other order therein as may appear to be just or equitable.

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13.—Neglect of Wardens Orders.

Any person who shall neglect or refuse to comply with any written notice or order of the Warden, duly served, and in conformity with these Regulations, shall be deemed to be guilty of a breach thereof, and liable to the penalties imposed by the 53rd section of the "Gold Fields Act, 1862."

14.—Survey in absence of a Mining Surveyor.

Wherever it is required by these Regulations that a survey should be made, if there be no Mining Surveyor within the district, the Warden may authorise and appoint any capable person to make the necessary survey; and such survey shall, for all the purposes of the Regulations, be taken and accepted as, or in lieu of survey, by an appointed Mining Surveyor.

15.—Transfer of Claims, &c.

Any claim, right, or privilege held under these Regulations may be transferred or assigned; but where it is provided that any such claim, right, or privilege must originally be registered, the transfer or assignment thereof must also be registered.

16.—Suspension of Regulations.

If any portion of the Rules and Regulations of the Otago Gold Fields shall be deemed to be inapplicable to the requirements of any district, the Superintendent may, if he shall think fit, upon the receipt of a memorial to that effect, signed by holders of Miners Rights and Business Licenses residing in such district, suspend the operation of any regulation or section of a regulation, so far as such district is concerned, and may again annul such suspension, and renew the operation of such regulation or section, or may substitute others in lieu thereof.

Given under my hand, and issued under the Public Seal of the Province of Otago, at Dunedin, this twenty-

(L.S.)

first day of October, One thousand eight hundred and sixty-four.

J. Hyde Harris,

Superintendent. By His Honor's command,

Jas. Paterson,

Provincial Secretary.