Mining Act 1874 No 8a (NSW)

No. XIII.

An Act to make better provision for the regu­ lation of Mining. [\6th April, 1874.]

~I)E it enacted by the Queen's Most Excellent Majesty by and with _L) the advice and consent of the Legislative Council and Legislative Assembly of New South AVales in Parliament assembled and by the authority of the same as follows :—

Preliminary.

1. This Act shall come into force on the first day of May one

thousand eight hundred and seventy-four and may be cited as the

"Min ing Act 1 8 7 4 "

2. In the construction and for the purposes of this Act and of the Schedules hereto the following terms in inverted commas shall have the respective meanings hereby assigned to them unless there is anything in the subject matter or context repugnant to such con­ struction (that is to say) :—

" Business"—The vending or disposition of any goods merchandise or chattels whether by hawking or in any other manner.
" Claim"—The portion of Crown Land which any person or number of persons shall lawfully have taken possession of and be entitled to occupy for the purpose of mining therein for gold or any number of such portions lawfully amalgamated by the holders Provided that no land comprised in any lease granted under any Act in force for the time-being authorizing the granting of leases for gold-mining purposes shall be deemed to be a claim.

" Crown Lands "—All lands vested in Her Majesty which have not been dedicated to any public purpose or which have not been granted in fee or lawfully contracted to be so granted or which are not under lease for purposes other than pastoral purposes.

" Mining Purposes"—The purpose of obtaining gold by any mode or method and of stacking or otherwise storing any earth. " Prescribed

" Dam" " Reservoir"—Any natural or artificial storage or accumulation of water.
" Earth"—Any rock stone quartz clay sand soil or mineral.

" Gold"—As well any gold as any earth containing gold or having

gold mixed in the substance thereof or set apart for the pur­
pose of extracting gold therefrom.

" Gold Field"—Crown Lands proclaimed or which may be pro­ claimed a Gold Field as hereinafter provided.

"Governor"—The Governor with the advice of the Executive

Council.

" Mine"—Any place pit shaft drive level or other excavation drift gutter lead vein lode or reef wherein or Avhereby any operation for or in connection with mining purposes is or shall be carried on upon Crown Land.

" Miner's Eight"—A miner's right issued under the provisions of this Act or the Act hereby repealed.

" Prescribed "—Prescribed by this Act or the Regulations there­

under.

" The Regulations"—The Regulations made under this Act or any other Act relating to the Gold Fields or to mining for minerals or metals other than gold in force for the time being.
" The Warden"—The Warden in charge of the Mining District

denoted in the context where the expression is used or any
Warden appointed under this Act.

" To mine"—To disturb remove cart carry wash sift smelt refine crush or otherwise to deal with any earth by any mode or method whatsoever for the purpose of obtaining gold there­ from.

" Race"—Any artificial channel or ditch for the conveyance of water and also the natural bed of any creek or gully through which water is led or diverted for mining for gold or any other mineral or metal.

"Mining Surveyor"—A licensed surveyor specially appointed to carry out surveys under this Act.

3. Prom and after the commencement of this Act the Acts and parts of Acts specified in the First Schedule hereto shall be and the same are hereby repealed to the extent therein expressed but such repeal shall not affect any proceeding matter or thing lawfully taken done or commenced or any regulation proclamation or appointment made before the commencement of this Act under or in pursuance of the provisions of any of the said repealed enact­ ments or prevent applications made before the passing of this Act from being dealt with under the provisions of this Act And all Regulations not being inconsistent with the provisions of this Act duly made and proclaimed in pursuance of the provisions of the "Gold Fields Act of 1866" and all such Regulations relating to leases for mining on Crown Lands for any mineral or metal other than gold made in pursuance of the provisions of the "Crown Lands Occupation Act of 1861" shall be and continue in force until altered or repealed by Regulations under this Act.

4. Every miner's right business license and lease issued under the " Gold Fields Act of 1866" and every mining lease and license to search for any mineral or metal other than gold and every authority to select mineral lots issued under the "Crown Lands Occupation Act of
1861" shall except as hereinafter provided continue in force and

confer the same rights and privileges and entail the same obligations

and penalties as if this Act had not been passed.

5. Nothing in this Act contained except so far as is herein expressly enacted shall be deemed to abridge or control the prerogative rights and powers of Her Majesty in respect of Gold Mines and Silver Mines.

6. This Act is divided into Three Parts embracing the following

subjects:—

PART I.—MANAGEMENT AND REGULATION.

DIVISION I.—Department of Mines.

Mining Districts.

Gold Fields—Miners' Bights—Business Licenses

Src.

DIVISION I I . — Gold Mining Leases.

DIVISION III .—Mineral Leases and Licenses.

DIVISION IV.—Regulations by Government—by Mining Board.

PART

P A R T I I . — A D M I N I S T R A T I O N O P J U S T I C E .

DIVISION V . — Wardens'	Courts.
DIVISION VI.—Special Powers and Duties of	Wardens.
DIVISION VI I .—Mining	Assessors.
DIVISION	V I I I . — A p p e a l s —

(1.) To District Court sitting as a Mining

Appeal Court.

(2.) To Supreme Court.

Miscellaneous Provisions.

P A R T I I I . — P E N A L T I E S — F O R F E I T U R E .

P A R T I . — M A N A G E M E N T A N D R E G U L A T I O N .

DIVISION I .

Department of Mines—Mining Districts—Gold Fields—Miners

Bights—Business Licenses &c.

7. All powers authorities and duties in relation to mining on Crown Lands for gold or for minerals other than gold heretofore exercised by or vested in the Department of the Secretary for Lands shall be on and after the first day of May one thousand eight hundred and seventy-four transferred to and all such powers authori­ ties and duties created or imposed by this Act or any regulation thereunder shall on and after the said day be vested in and be exercised and performed by a Secretary for Mines to be appointed by the Governor alone And such Secretary for Mines shall be a responsible Minister having the management and control of the Department of Mines which the Governor is hereby empowered to establish for the purpose of more effectually carrying out the provisions of this Act and to appoint thereto an Under Secretary and such staff of officers clerks and servants and to assign to such officers clerks and servants such duties and subject to the annual vote of Parliament such remune­ ration as he may think fit.

8. I t shall be lawful for the Governor to establish in connection

with the said Department of Mines and by and under such consti­

tution and management as he shall think fit a School of Mines and a Mineralogical Museum for the purpose of providing instruction by
means of classes lectures or otherwise in geology mineralogy and

chemistry in their scientific and practical application to mining pursuits and offices for the assaying of mineral ores and to appoint such a staff of professors and readers in any of the said sciences and of assayers curators or keepers and of servants as may in the opinion of the said Governor be requisite to give effect to the provisions of this section And all persons appointed under this Act shall be paid by such salaries or fees or both by salaries and fees as the Governor may direct and as shall (in the case of salaries) be voted by Parliament And such School and Museum and Offices as aforesaid and the staff thereof shall be under the control and management of the Department of Mines Provided however that if it shall be thought fit to establish such School and Museum in connection with the University of Sydney the same shall so long as such connection shall continue be under the control and management of the Senate of the University and such Senate shall in that case appoint such professors and readers and other persons as aforesaid as may be required.

9. From and after the commencement of this Act the distri­ bution of the Gold Fields into "Gold Fields South" "Gold Fields West" and "Gold Fields North" shall subject to the provisions herein­ after contained be abolished and in lieu of the three divisions aforesaid there shall be eight Mining Districts comprising respectively the several Gold Fields and areas specified in the Second Schedule hereto and to be respectively designated as follows i.e.—

" The Mudgee Mining District"
" The Tambaroora and Turon Mining District"
" The Bathurst Mining District"
" The Lachlan Mining District"
" The Southern Mining District"
" The Tumut and Adelong Mining District"
" The Peel and Uralla Mining District"
" The New England and Clarence Mining District"

And every such Mining District shall be divided into so many divisions which shall be designated by such names as the Governor may determine Provided always that it shall be lawful for the Governor from time to time to establish any additional Mining District and to divide the same and designate the divisions thereof as aforesaid and also to alter abolish and vary the limits and boundaries of any Mining District or division thereof Provided further that nothing herein contained shall affect the existing divisions of the Gold Fields for the purposes of the " Electoral Act of 1858 " or for the purposes of holding elections of Mining Boards under this Act or any divisions of the Gold Fields hereafter to be made for electoral purposes.

10. I t shall be lawful for the Governor by proclamation in the Gazette to declare any Crown Lands to be a Gold Field within the meaning and operation of this Act to define the limits and boundaries thereof and to assign a designation thereto and from time to time to alter amend and vary such limits boundaries and designation Provided that all such proclamations as aforesaid and all proclamations affecting boundaries shall be made by the Secretary for Lands.

11. On and after the proclamation of any Gold Field it shall

be lawful for the Secretary for Lands to declare any conditional purchase made within such Gold Field under the thirteenth section of the Crown Lands Alienation Act to be held under the fourteenth section thereof and to cause notice of such declaration to be served on

the selector or posted in some conspicuous place on the selection and all the provisions of the said fourteenth section shall thereafter apply	to such selection as fully as if made thereunder originally Provided
that such declaration shall not be applicable to any conditional purchase that may have been made for more than three calendar months prior to the said proclamation.
12. I t shall be lawful for the Governor from time to time to appoint in and for New South Wales or any Mining District or por­ tion thereof officers to be called Wardens of Mining Districts who shall have and exercise the jurisdiction hereinafter conferred upon them in Part I I of this Act and also from time to time to appoint such and so many Registrars of Mining Districts Mining Surveyors Mining Engineers Clerks Officers Bailiffs and Assistants and for such Mining Districts Courts divisions and places respectively as the said Governor shall think necessary for the efficient performance of the duties of inspection surveying and registration of claims and mines and of all other duties in connection with mining and with the administration of this Act which the said Governor may think fit to impose and the said Governor may by regulations define the powers and duties of such

officers

officers clerks and assistants and the mode of exercising and per­ forming the same in all cases where such powers and duties have not been defined by this Act Provided that no Judge Warden Registrar Surveyor or other officer upon whom any judicial or official duties shall devolve in the administration of this Act shall during his tenure of office hold either directly or indirectly any share or beneficial interest in any claim gold mining or mineral lease mineral license or mining venture whatsoever in New South Wales.

13. When any Gold Pield shall have been proclaimed upon any Crown Lands then under lease or license for pastoral purposes the Governor may suspend such lease or license so far as may be necessary for the accommodation of the horses cattle and sheep required for the subsistence and convenience of any persons holding miners rights licenses or leases and for the supply of water and otherwise for effectually working the said Gold Pield and shall thereupon return or remit to the lessee or licensee such portion of the rent of such lands as may be reasonable and just.

14. I t shall be lawful for the Governor to cause documents to be called "Miners Rights" to be issued in the form set forth in the Third Schedule hereto And every such miner's right shall be in force for any period not exceeding fifteen years from the date thereof and shall be granted to any person applying for the same upon payment of a sum at the rate of ten shillings for every year for which the same is to be in force And where such miner's right shall be applied for to be in force from the date thereof to the thirty-first day of December then next ensuing the same may be granted to the person applying therefor between the first day of January and the thirtieth day of June in each year upon payment of a fee of ten shillings and after such last- mentioned day upon payment of a fee of five shillings Provided that every such miner's right shall be deemed to expire on the thirty-first day of December in the year or last year of the period for which it shall have been granted.

15. Every holder of a miner's right and any number of persons collectively being each the holder of such miner's right shall subject to the provisions of this Act and the Regulations thereunder be entitled (except as against Her Majesty) to the following rights and privileges viz.—

(1.) To enter upon mine in for gold and occupy for gold-mining
purposes or for residence during the continuance of such

miner's right any Crown Lands and in the prescribed manner

boundaries and according to the Regulations in force from	quantities dimensions and according to the prescribed
time to time Provided that such quantities dimensions or boundaries shall not be prejudicially affected by any regula­ tion made after the time of taking possession :

(2.) To cut construct and use water-races dams and reservoirs for gold-mining purposes through and upon any Crown Lands and to take or divert water from any spring lake pool or stream situate in or flowing through such lands and to use such water for gold-mining and domestic purposes Provided that if anything proposed to be done or done under the powers by this sub-section conferred shall be calculated to be or shall be prejudicial to the owner or occupier of any freehold land such owner or occupier shall be entitled to full compen­ sation for any loss thereby sustained or to be sustained by him in respect of such lands from the person or persons doing or proposing to do such act such compensation to be deter­ mined by arbitration in the usual manner The amount

F awarded

awarded under such arbitration to be paid by such person or persons before doing such act or after doing the same as the circumstances of the case shall require :

(3.) To exercise any rights of the nature of easements (in connection
with gold-mining) upon and over unoccupied Crown Lands :
(4.) To erect from time to time any building or structure and at any
time to remove the same to cut strip and remove bark and
remove any live or dead timber and to remove any stone or
gravel for mining or building purposes or otherwise for his
own personal use from any Crown Lands not by law exempted
from occupation for mining purposes nor reserved temporarily
or permanently from sale nor within the operation of any pro­
clamation or notification prohibiting the cutting or removal of

such timber bark stone or gravel nor included within any

reserve for the preservation of timber :

(5.) To make tramways and other roads in aid of and for the carrying out of all operations in connection with gold-mining upon any Crown Lands not exempted nor reserved as last aforesaid :
(6.) To the possession of and property in during the continuance of such miner's right such portion or portions of Crown Land as aforesaid or occupied for residence and to the absolute property in all gold found during the continuance of such right in or upon such portion or portions of land whilst being in the lawful occupation of the holder of such right as aforesaid :

Provided that it shall be lawful for any holder of a miner's right to take possession of Crown Lands for the purpose of mining thereon for gold under the provisions of this Act either for himself or if authorized by such persons on behalf of any number of persons collectively not exceeding five being each the holder of a miner's right Provided also that no person shall be entitled to occupy for the purpose of residence more than one portion of land and such portion shall not exceed one quarter of an acre in extent and shall be situated with respect to any street or otherwise as shall be provided for by the Regulations And the holder of any such portion of land may assign and encumber the same in such manner and subject to such pro­ visions as to registration as such Regulations shall direct and in default of such direction either orally or by any instrument in writing but no person shall take any interest under any such assignment who shall not be the holder of a miner's right.

16. The person or persons or any of them who shall have taken possession or be in the occupation of any claim not being a block claim in new ground (viz. ground not worked or abandoned) or the

executors or administrators or the assignee or assignees in insolvency

or the guardian in infancy or the committee or guardian in lunacy or the purchaser under an execution of the interest of such person or of any of such persons shall within one calendar month after their right to such occupation or possession or other derivative or represen­ tative interest respectively first accrued register such claim and the owner of any share as hereinafter mentioned in a registered claim shall within a like period after his title to such share first accrued register such share in the office of the Mining Registrar of the Mining District wherein such claim or share is situated in the prescribed manner Provided that no claim shall be registered unless the miner's right or miners rights under which such claim shall be held shall be produced to the officer required to register the same And any such person or persons as aforesaid who shall neglect to register any such claim within the said period shall if he or they shall work or mine in such claim incur the respective penalties hereinafter prescribed for unauthorized mining on Crown Lands and shall be deemed to have abandoned the said

claim

claim to all intents and purposes and such claim shall and may there­ upon be dealt with as an abandoned claim Provided always that if it shall be shewn to the satisfaction of the Warden that any such neglect to register has been caused by the sickness absence or other like disability of any such person or persons as aforesaid then it shall be lawful for such Warden to extend the time within which such registration may be made to a further period not exceeding fourteen days from the expiration of the said first-mentioned period.

17. After but not before the registration of any such claim as aforesaid the owner or owners thereof for the time-being may subject to the Regulations from time to time divide the interest in such claim into such and so many shares as he or they shall think proper any of which may he allotted to any person or persons and may assign or encumber or create any interests in such claim and the owner or owners for the time-being of any such share may if the same shall be registered subject to such Regulations assign or encumber or create any interest in such share and in such manner and subject to such registration both in regard to claims and shares as such Regulations shall direct and until and in default of such direction either orally or by any instrument in writing Provided that the miner's right or miners rights under which any claim shall be held may be transferred to or to any person on behalf of the assignee or assignees of any such claim and the officer appointed to register claims shall upon being so required endorse the name of the transferee upon every right so transferred and thereupon the same shall for the remaining period of its currency vest in the transferee thereof as fully as if he had been the original grantee thereof but subject to any trusts or conditions agreed upon on the occasion of such transfer Provided also that the owners of any two or more adjoining claims may whether such claims have been registered or not amalgamate the same but every such amalgamation shall be registered by such owners in the prescribed manner.

18. Every share or interest in any claim or portion of land occupied for business or residence under this Act and any right title or interest acquired or created under the provisions of this Act or any regulation to be made thereunder shall be deemed and taken in law to be a chattel interest.

19. No person shall be entitled to institute proceedings in any
Court whatsoever to recover possession of any claim or of any share

therein or to recover damages for or to restrain the occupation of

or encroachment upon such claim or any part thereof or to obtain	any relief as tenant in common joint tenant co-partner or co-
adventurer against his tenant in common joint tenant co-partner or co-adventurer or to recover any interest or part interest in any water-race dam or reservoir used or to be used for or in connexion with gold-mining unless such person shall have been the holder of a miner's right at the time when his alleged title to recover such possession or damages or interest or to obtain such relief first arose or accrued Provided that the production in such Court by any person of any certificate of registration under the hand of a Mining Registrar or Warden's Clerk shall be sufficient evidence that the person named in such certificate was the holder of a miner's right at the date of such certificate and that all the requirements of this Act and the regulations necessary to vest the title to such claim as aforesaid in such person had been complied with by him up to the date of the registration thereof.
20. If there be held from time to time by or on behalf of the owner or owners for the time being of a registered claim such a number of miners rights as would have authorized the taking possession thereof when the same was taken possession of then it shall not be necessary

that

that any other miner's right should he held by any shareholder in such claim as such shareholder And the word " owner" in this and the seventeenth section hereof shall he taken to include any guardian in infancy or committee in lunacy as aforesaid.

21. I t shall be lawful for the Governor to cause documents to

be issued each of which shall be called a " Business License" and which shall be granted to any person applying for the same upon payment of the sums hereinafter mentioned that is to say if such person shall apply for a license for six months ten shillings or if for twelve months one pound and every such document shall be in the form in the Fourth Schedule hereto and shall be dated of the day and at the place of the issuing thereof and shall be in force for such of the said periods as shall be named therein and shall contain the christian and surname and the occupation and residence of the person in whose favour the same shall be issued.

22. Every business license shall subject to the provisions of this Act and to the Regulations entitle the holder thereof during the continuance of such license to occupy on any Gold Field for the purpose of residence and carrying on his business so much of the Crown lands not exceeding in extent a quarter of an acre in town- ship sites and one acre on other Crown Lands as may be prescribed by the said Regulations and for either of the purposes aforesaid to put up any building or other erection and at any time to remove the same and every such holder shall during the continuance of such business license be deemed in law to be possessed (except as against Her Majesty) of the land which he shall occupy by virtue of such license and no person shall be entitled by virtue of a business license to occupy more than one such portion of land.

23. The holder of any such business license or of any new business license as hereinafter mentioned shall be entitled to transfer the same respectively to any other person and provided such holder shall express his desire to that effect in writing under his hand endorsed on the said license and signed by him in the presence of and attested by any Warden or Justice another business license shall be granted to the person named in such endorsement upon production and surrender of such endorsed license and upon payment of the sum of five shillings and every such last-mentioned business license shall be dated of the day and at the place of the issuing thereof and shall be in force for the then unexpired period of such endorsed license (the day when such unexpired period is to end being stated in every such

occupation and residence of the person in whose favour the same shall	endorsement) and shall contain the christian and surname and the
be issued and every such business license together with the right and interest thereunder shall on the death or insolvency of the holder thereof devolve on his personal representative or assignee.
24. The holder of any miner's right or business license may at any time within one month before the day when any such right or license will expire apply for a new right or license for any term for which such right or license might have originally been lawfully granted And upon payment by such holder of the fee or fees respectively charge- able under sections fourteen or twenty-one hereof a new right or license to be in force for the period specified therein and to bear date of the day of the expiration of the existing right or license shall be issued to the applicant and shall confer such rights and privileges during its continu- ance upon the holder thereof as are expressed to be conferred by section fifteen hereof Provided that if any person who shall have been the holder of any such right or license shall not on or before the day of the expiration thereof have taken out a new right or license as the case may be a new right or license dated of the day of such expiration

and

and which shall have the same force and efficacy as if it had been issued on that day may nevertheless within one month from such expiration be granted to such person upon production of such expired right or license and upon payment of the sum of five shillings in the case of a miner's right and in the case of a business license fifty per centum of the respective sums hereinbefore made payable therefor in addition to the ordinary price of such miners' right or business license Provided further that no such additional sum shall be charge- able where the new right or license shall be applied for within seven days after such expiration.

25. All Crown Lands which shall have been applied or shall be dedicated to any public use or purpose or which shall be lawfully and bond fide used as a yard garden cultivated field or orchard or upon which any house outhouse shed or other building actually used and occupied or any artificial dam or reservoir shall be lawfully standing shall be and the same are hereby exempted from occupation for the purpose of mining for gold or for any other mineral or metal and for residence or business under any miner's right or business license under this Act Provided that any Crown Lands which shall have been so lawfully and bond fide used as aforesaid or upon which any house outhouse shed or building or any artificial dam or reservoir shall be standing shall upon payment of compensation to be ascertained and paid in the manner prescribed by the Regulations cease to be exempted from such occupation.

26. The Governor may at any time reserve from occupation for mining under any of the provisions of this Act or for residence or business purposes under any miner's right or business license any specific portion of Crown Lands or any class of Crown Lands and no land so reserved or included in any class so reserved shall be so occupied until such reservation shall be revoked.

27. No person shall cut or remove from any lands so exempted or reserved as aforesaid any timber or stone gravel or earth or mine or employ any other person to mine for gold or any other mineral or metal in or upon or shall cut or construct any race dam or tramway through over or upon such lands or do in or upon such lands any other act or thing or exercise any privilege hereinbefore conferred upon the holder of a miner's right Provided nevertheless that it shall be lawful for the Governor upon application to him for that purpose to authorize any one or more holders of a miner's right or the holders generally of miners rights to occupy under such rights any Crown Lands which

may have been so reserved as aforesaid and also to construct drives under any lands so exempted as aforesaid if it shall be made to appear	to the satisfaction of the said Governor that such drives can be con­
structed without injury to or obstruction to the enjoyment of such exempted lands and such occupation and construction of drives shall be subject to such conditions restrictions and regulations as the said Governor shall impose and make Provided that where such lands are within any municipality notice of such application shall one month before the same shall be made be given to the Mayor of such munici­ pality and published in some newspaper circulating in the neighbour­ hood of such lands.
28. I t shall bo lawful for the holder of a miner's right or of a lease under this Act or any of the Acts hereby repealed to mine for gold or any other mineral or metal upon or under any street road highway navigable waters or under any common or reserve whether dedicated or not or under any harbour estuary bay river or creek on obtaining from the Secretary for Mines an order permitting him so to do and for the purpose of obtaining such order such holder shall apply therefor by notice in writing to such Secretary who shall

thereupon

thereupon inquire and decide whether the same can he effected without injury to adjoining property or injury or obstruction to such public road street or highway or to the navigation of such harbour estuary bay river or creek as the case may be and thereupon such Secretary shall issue his order permitting on such conditions and terms and subject to such restrictions as he shall think fit or for­ bidding such mining as the case may require Provided always that the said Secretary for Mines before making any decision or issuing any order under this or the next preceding section shall cause notice of every such application to be published in the Gazette and in some newspaper circulating in the district wherein the proposed mining operations are to be carried on for four consecutive weeks and shall not issue any order permitting such mining to any applicant if any valid objections to such permission shall within three weeks after the last publication of such application be lodged with him And the validity of all objections shall be left to the decision of the said Secretary for Mines.

29. I t shall be lawful for the Warden upon application by any holder of a miner's right or of a lease under this Act or any of the Acts hereby repealed and upon the report of any engineer or surveyor that a sluice-box tramway or culvert can be laid or con- structed on over or under any public road street or highway without any substantial injury to or obstruction of the traffic thereon and that such sluice-box tramway or culvert is necessary for the due and proper working of any mine or for the conveyance of water for any mining purposes by order in writing made after inspection by some duly authorized officer of the road street or highway mentioned in such report to allow subject to the rights of occupiers of adjoining lands such sluice-box tramway or culvert to be laid or constructed for the purpose of conveying any water tailings sludge waste water or earth Provided that such works shall be so constructed as not substantially to injure such road street or highway or obstruct the traffic thereon and if after the construction of any such sluice-box tramway or culvert under such order it shall be made to appear to the Warden that such construction does in fact injure such road street or highway or obstruct the traffic thereon it shall be lawful for him to order that the obstruction be removed and if after seven days from the date of such last-mentioned order the obstruction caused by such sluice-box tramway or culvert shall not be removed the same shall be deemed a nuisance and the person who shall have obtained the said first-mentioned order or the owner or occupier shall be liable to a penalty not exceeding twenty pounds and the said nuisance may

nuisances upon proof of the said last mentioned order and of the	be abated in the manner by law provided for the abatement of
disobedience thereof.
30. I t shall be lawful for the Warden to permit any person to make or construct any roads or temporary or permanent ways or other works over across or through any workings made or constructed under the authority of this Act or of any enactment hereby repealed Provided that before any such permission shall be given fourteen days notice thereof shall be given by the person applying for such permis­ sion to the person lawfully interested in such last-mentioned workings.

31. When at the time of any sale or alienation of Crown Lands

under the " Crown Lands Alienation Act of 1801" or any other Act relating to the sale or alienation of Crown Lands now or hereafter to be in force any race drain dam or reservoir flows through or over or is upon any portion of such land although no reservation or exception thereof be contained in the Crown grant of such land no person unless specially authorized thereto by the Secretary for Lands shall obstruct or interfere therewith.

32. The registered owner or a majority of the registered owners of any claim who shall prove to the satisfaction of the Warden by evidence on oath in open Court that any of the causes for suspen­ sion of work in such claim hereinafter in this section mentioned actually exists may register such claim for suspension of work therein for any period not exceeding six months on the occasion of each such registration And thereupon such owner or owners shall hold such claim without incurring in respect thereto any penalty for the breach of any provisions of this Act or of the Regulations relating to the working of claims committed during the said period.

(1.) That the claim is unworkable from any cause whatsoever.
(2.) That such owner or owners require to be absent for some

sufficient cause from the locality of the claim or is or are unable by reason of sickness or other sufficient cause to work in such claim.

(3.) That the supply of water is insufficient to allow the working of the claim to be profitably carried on.

DIVISION I I .

Gold-mining Leases.

33. I t shall be lawful for the Governor in the name and on behalf of Her Majesty to grant subject to the provisions of this Act and the Regulations to any holder of a miner's right applying for the same a lease of any Crown Land not included within the exemptions contained in the next following section for the purpose of mining thereon or therein for gold or of cutting and constructing thereon water-races drains dams reservoirs and tramways to be used in connec­ tion with such mining or of erecting thereon any buildings and machinery to be used for any process whatsoever in connection with the extraction of gold or for pumping or raising water from any land mined or worked or intended so to be for the extraction of gold there­ from or for the purpose of residence thereon in connection with any of the purposes herein enumerated or for all or any of such purposes.

34. All Crown Lands comprised within any one of the following classes shall be exempted from the power of leasing conferred by the last preceding section viz.—

(1.) Crown Lands leased or contracted to be leased under the

provisions of this Act or any of the Acts hereby repealed or

under lease for other than pastoral purposes.

(2.) Crown Lands occupied by the holder and by virtue of any minor's right or mineral license unless such holder shall consent to the demising of the land so occupied by him.

(3.) All alluvial ground except such as in the opinion of the Secretary for Mines may have been worked and abandoned or such as he may deem suitable to be leased by reason of its great depth or wetness or on account of the costly appliances required for its development or such as for other sufficient reasons ought not in his opinion to be exempt from the leasing provisions of this Act.

35. The lessee of any Crown Lands for gold-mining purposes shall be entitled by virtue of his lease either by himself or his servants to mine for gold in and upon such land subject only to the conditions of his lease and to the Regulations.

36. A lease for gold-mining purposes under this Act may be granted for any term not exceeding fifteen years And no such lease shall (except when the same shall be granted under the thirty-eighth section hereof) embrace an area exceeding twenty-five acres Provided

that

that where any such lease shall he granted of lands whereof the working will he chiefly confined to quartz-veins or lodes the area of the lands leased thereby shall not exceed in length six hundred yards along the line of the lode nor the width across the lode two hundred yards And in no case shall the area be marked out so that the lode will be distant from either extremity of the boundaries defining the width of the said area less than one-tenth of such width nor shall the length along the lode in any such area be greater than three times the width of such area And in all other gold-mining leases the parcel of land demised shall be in the form of a parallelogram wheresoever practicable whereof the maximum length shall not exceed more than twice the maximum breadth.

37. The yearly rent to be reserved in any lease for gold-mining purposes shall be twenty shillings per acre and such rent shall be payable at the times and places and in the manner prescribed by the Regulations Provided that all such rents shall be payable yearly in advance and the first payment shall be made on making the applica­ tion for such lease.

38. Upon the application of the registered holder or holders of any claim not being a prospecting claim in the prescribed manner and upon the performance by such holder or holders of the prescribed requirements it shall be lawful for the Governor in the name and behalf as aforesaid to convert the claim of such holder or holders into a lease subject to the provisions of this Act Provided always that no less annual rent shall be reserved on the granting of such lease than twenty shillings per acre and notwithstanding that the ground demised shall be less than one acre in extent And all the provisions of this Act so far as the same shall be capable of being carried out relating to the mode of application for and granting of leases shall apply to and be carried out in the conversion of any such claim into a lease as herein­ before provided.

39. I t shall be lawful for any person being the holder of a miner's right who shall have applied for a gold mining lease in the prescribed manner and shall have made the first payment therefor as provided by the thirty-seventh section hereof to take possession of occupy and mine upon and in the land so applied for so soon as he shall have marked out the same in the manner prescribed by and shall have in all other respects complied with the Regulations Provided always that nothing in this section contained shall affect the right title or interest of any other person or persons in or to the said land or in or to

therefrom.

any gold or other mineral or metal obtained or that may be obtained

40. The entry upon occupation of or interference with any ground so applied for and for which such payment of rent has been made as aforesaid by any person who shall not prior to such appli- cation have been in the lawful occupation of such ground shall at any time after the lodging of such application and until and unless such application shall be refused or such entry occupation or interference shall have been authorized by the Governor be deemed to be a trespass or encroachment within the provisions of Part I I of this Act and within the jurisdiction of the Warden of the Mining District wherein the ground in question is situated And the applicant for the said ground may proceed for such trespass or encroachment and for any damages in respect thereof and for the recovery of any gold or other mineral or metal taken by such first-mentioned person from the said ground or for the value thereof before any Warden's Court in the manner provided by this Act for proceedings before Wardens in cases of trespass or encroachment Provided always that no such applicant shall recover or succeed under the said procedure

who

who shall not prove to the satisfaction of the said Court that he has complied with the Regulations in force and applicable for the time- being to the class of lease applied for so far as such Regulations shall have been at the time of such entry occupation or interference capable of being complied with Provided further that notwithstanding any decision of a Warden to the contrary no applicant shall be entitled to the delivery to him of any such gold mineral or metal or to payment therefor or to levy the amount of the value thereof or of any damages awarded to him until and unless it shall have been decided to grant his application for the said lease but such gold mineral metal amount or damages shall until the determination of such application be lodged with the Warden and shall be delivered or paid by him to the applicant if such application shall be determined in his favour and if otherwise to the person from whom the same shall have been recovered.

41. If at the time of lodging an application for a gold mining lease in the prescribed manner the land applied for shall not have been surveyed by a Mining Surveyor or by some person authorized by the Secretary for Mines in that behalf the applicant may deliver to the Warden a written application for a survey of such land And if after the expiration of three calendar months from the delivery of such last-mentioned application no such survey of the said land shall have been made it shall be lawful for the applicant to cause a survey thereof to be made by any Licensed Surveyor And the survey of such land by such Licensed Surveyor shall have the same effect for all purposes as if the said land had been surveyed by a Mining Surveyor.

42.    If any person shall object i o the issue of any such lease to the

applicant therefor he shall within the prescribed time lodge with the Warden and serve such applicant with a written notice of every objection intended to be taken by him against the issue of such lease And such notice shall be deemed to be sufficiently served for the purposes of this section if the same shall be delivered at or transmitted by post to the address of the said applicant or be posted on the land applied to be leased.

43. Every person so objecting shall at the time of lodging the notice of his objections deposit with the Warden's Clerk or if there be no such clerk with the Clerk of the Petty Sessions holden nearest to the land applied for the prescribed sum for the purpose of defraying all expenses so far as the same will extend which in the opinion of the Secretary for Mines the applicant shall have incurred by reason of such objections But no applicant shall be entitled to the repayment of any

And the said clerk shall give to the person paying the said sum a	such expenses unless such objections shall fail or shall not be prosecuted
receipt therefor according to the form in the Fifth Schedule hereto and if there be no such expenses incurred or if after payment thereof there shall be a balance thereof remaining the said clerk shall refund the whole of such sum or the said balance thereof to the said depositor.
44. If after the expiration of fourteen days from the date of the said application no notice of objections shall have been lodged to the issue of the said lease the Warden shall forward the said appl icat ion together with a report thereon to the Secretary for Mines to be dealt with under the provisions of th is Act but if any such notice as aforesaid shall have been lodged wi th in the said period
t h e n the Warden shall appoint a place and time for hearing in open
Court every person whO shall have lodged such notice of objections against as well as the applicant for the issue of t he said lease And two clear days notice in writing of such appointment shall be given to the applicant and to every person whO shall have lodged the said notice of objections Provided that if several persons shall have united in

lodging

lodging any objections notice to any one of such persons shall be suffi­ c ient A n d the said hear ing shall be in t h e n a t u r e of an inqui ry by t h e W a r d e n in to the t r u t h of t h e par t i cu la rs stated by t h e appl icant and each objector b u t such inqui ry shall no t t ake place unless t h e receipt ment ioned in t he nex t preceding section hereof shall have been delivered to t he W a r d e n on or before t he day so appointed as aforesaid.

45 . I t shall be lawful for t he W a r d e n to adjourn from t ime to

t ime t he hear ing of any such inqui ry to such o ther day a n d place (if necessary) and on such condit ions as to costs as h e m a y t h i n k fit (not be ing more t h a n fourteen days from the day so first appointed as afore­ said) and not ice of such ad journment shall be given to t h e appl icant and each objector as in t he nex t preceding section hereof provided.

46. A t and for t he purpose of hold ing t he said inqu i ry t h e

W a r d e n shall hear receive and examine evidence touch ing t he m a t t e r

of t h e said appl icat ion and the objections the re to and he shall have power in t h a t behalf to adminis te r oaths a n d take affirmations and in other respects to conduct the said inqu i ry in accordance so far as m a y be pract icable wi th t he provisions of this Act re la t ing to procedure

in W a r d e n s ' Cour ts .

47. After t h e t e rmina t ion of t h e said inqui ry t he W a r d e n shall

t r ansmi t to t he Secretary for Mines for his considerat ion and decision t he said appl ica t ion and the objections there to toge ther wi th t he evidence so t aken by h i m the repor t p lan and m a p (if any) of the Min ing Surveyor and a repor t to be drawn u p by h i m t h e said W a r d e n u p o n t he said

appl icat ion objections and evidence and recommending t he g r a n t or

refusal of t he lease applied for A n d t h e Governor m a y g ran t or refuse t he said appl icat ion or g ran t t he same in a modified form as he shall

t h i n k	fit.
48 . A n y person shall upon appl icat ion and p a y m e n t of the

prescribed s u m therefor be furnished wi th a copy of the Min ing Surveyor 's repor t and p lan of any land so applied for and of any evidence

t aken as aforesaid and also a copy of such W a r d e n ' s report .

49. I n t h e event of more t h a n one applicat ion being made for the same land or any part thereof t he application which shall have been first lodged wi th t he W a r d e n in m a n n e r prescribed by this Ac t and the Regula t ions shall be first considered and dealt wi th unde r t h e provisions hereinbefore contained and in t h e event of two or move

such applicat ions be ing so lodged at the same t ime t h e n it shall be

de termined by lot to which appl icant a lease shall be issued.

50. W h e n any land a lease of which shall be applied for shall comprise t he whole or pa r t of land he ld by t h e appl icant u n d e r a

miner ' s r igh t the in teres t of such appl icant unde r such r igh t shall in

nowise be affected by such appl icat ion or by t he refusal or a b a n d o n m e n t or failure in any o ther way thereof and if such lease shall be gran ted t h e in teres t held unde r the miner ' s r i gh t shall merge in t he interest he ld unde r t he lease.

5 1 . Every lease g ran ted unde r t he provisions of this Act shall

according to t he n a t u r e of such lease conta in t h e covenants condit ions reservat ions and exceptions contained in t he respective forms pre­ scribed by t h e Regula t ions or as near there to as c i rcumstances will pe rmi t hav ing rega rd to t h e special r equ i r emen t s here in provided

A n d every such lease shall bear date t he day of the execut ion thereof

by t h e Governor and shall after such execut ion be t r ansmi t t ed to t h e W a r d e n for delivery to t he appl icant (or t o such person as shall be by such appl ican t duly authorized to receive and execute t h e same) u p o n his appl icat ion therefor and execut ion thereof and upon p a y m e n t to t he

Warden of t he deed-fee of one pound .

52. I n case any lease granted unde r t he au thor i ty of this Ac t or of any A c t au thor iz ing t h e g ran t ing of leases for raining purposes and

whe the r for gold or for any minera l or me ta l o ther t h a n gold shal l be or he liable to he forfeited or de te rmined by any breach of condit ion or otherwise or in case t he t e r m thereby gran ted shall have expired possession of t h e land demised shall and may be recovered on behalf of H e r Majesty in such m a n n e r as m a y be provided by any of t he condit ions of t h e lease or (if t he re bo no such condit ion) i t shall be lawful for t h e A t t o r n e y General on behalf of H e r Majesty to br ing a suit in t he W a r d e n ' s Cour t of the Min ing District in which the land demised by such lease shall be s i tuate to recover possession of such l and a n d such suit shall be commenced and carr ied on as any other suit i n t h e said Cour t and the proceedings the re in shall be t he same and the j u d g m e n t there in enforced in l ike m a n n e r as in t h e case of any o ther suit in t he said Court .

53 .    I t shall be lawful for t he Governor subject to the l imi ta t ions

prescribed in th is A c t and the Regula t ions on the occasion of t he g ran t ing of any special lease to prescribe t he t e r m for and the ren t or royal ty or bo th a t which t h e same shall be g ran ted and the quan t i ty and form of l and to be comprised the re in and the covenants condit ions reservations and exceptions to be conta ined in t h e same b u t every such lease shall contain a condit ion t h a t if the lessee his executors adminis t ra tors and assigns fail a t any t ime dur ing the t e rm to fulfil t h e conditions and t e rms there in contained or to use t h e land

bond fide for the purposes for which i t shall be demised t h e lease

shall for any such failure be voidable a t t he will of t he Governor .

54. The holder of any lease g ran ted u n d e r t h e provisions of th is A c t or of any A c t au thor iz ing the g ran t ing of leases for gold- min ing and the executors adminis t ra tors and assigns of such holder shall be enti t led at any t ime wi th t he consent of t h e Governor to sur render t h e said lease A n d i t shall be lawful for t he Governor in t he n a m e and on behalf of Her Majesty to g ran t to any such person as aforesaid a lease for any t e r m no t exceeding fifteen years of the whole or any pa r t of t he land demised by such sur rendered lease A n d

any such gold min ing lease m a y wi th t h e l ike consent be renewed for any period not exceeding fifteen years Provided t h a t every such new lease shall be subject to t he ren t which shall be chargeable by law in respect of such lease and to t he covenants a n d conditions prescribed by Regula t ions to be made by the Governor in t h a t behalf and which shall at t he t ime of the g ran t ing of such lease be in force and applicable

or to such o ther covenants and fit to impose. conditions as t he Governor shall t h i n k 55. Every such gold m i n i n g lease shall be regis tered in the

m a n n e r place and subject to such tee as m a y be prescribed by Regula t ions to be made by the Governor in t h a t behalf and the holder or a majori ty of t he holders of any such registered gold m i n i n g lease shall be ent i t led to register t h e land comprised in such lease or any por t ion thereof for suspension of work thereon upon satisfying the W a r d e n by evidence on oath in open Cour t of t he actual existence in reference to such l and of any of t he causes specified in t h e th i r ty-second section hereof wi th regard to claims and for a period not exceeding six mon ths .

D I V I S I O N I I I .

Mineral Leases and Licenses.

56. The Governor may g r a n t leases of any Crown land for t he
purposes of min ing for any meta l or minera l o ther t h a n gold subject t o

t h e following condit ions A n d upon the g ran t ing of any such lease any

lease

lease for pastoral purposes which m a y have been gran ted or promised unde r t he " Crown Lands Occupat ion A c t of 1 8 6 1 " inclusive of the same land or any pa r t thereof shall as respects such l and absolutely

cease and de t e rmine—

(1.) The area in any lease shall no t exceed six hundred and forty acres for coal-mining lots a n d shall no t exceed eighty acres for o ther minera l lots.

(2.) Leases m a y be for any period not exceeding twenty years bu t m a y be renewed for a fur ther period not exceeding twen ty years .

(3.) Appl ica t ions for leases m a y be made a t such t imes and places a n d in such form as m a y be prescr ibed by any Regula t ions he reunder to t h e W a r d e n if t he land be wi th in a Min ing Dis t r ic t or if otherwise to t he L a n d A g e n t of t he distr ict or o ther officer authorized in t ha t behalf by any such regulat ion and shall set forth a clear description of t he lots proposed to be leased and of t he boundary-marks or na tu r a l features by which the same are to be identified A n d t h e appl icants may for thwith t a k e possession of such lots Provided always t h a t the r igh t shall be reserved to t h e Minis ter for Lands to deter­ m i n e t h e boundar ies of all such lots and to m a k e provision for t h e preservat ion of water supply or access the re to and for such o ther reservat ions as he m a y deem necessary for the

publ ic	interests .
(1.) Appl ica t ions for leases he reunde r	shal l be ent i t led to pre­
cedence	in t h e order of their receipt by t he W a r d e n or L a n d
A g e n t or other author ized	officer.

(5.) The ren t shall be five shill ings per acre payable annual ly in advance t he first p a y m e n t to be m a d e a t t h e t ime of m a k i n g the appl icat ion which shall cover t h e r en t for one year from the g r a n t i n g thereof and t h e r e n t for each ensuing year or such pa r t thereof as m a y be propor t ioned to t he period be tween t h e g ran t ing of t h e appl icat ion and the thirty-first December to be paid to t he Colonial Treasurer in Sydney no t la ter t h a n the m o n t h of November of t he year preceding and in default of any such paymen t t h e lease shall be forfeited.

(6.) Leases shal l i n all cases t e rmina t e on thir ty-first December .

(7.) Lessees shall expend a t t he r a t e of five pounds sterl ing per acre on the i r lots wi th in t h e first three years of t he lease.

(8.) Lessees may de te rmine the i r leases by giving to t he Minis te r t h ree m o n t h s ' not ice of the i r desire to do so b u t no ren t shall

in any such case be refunded.

(9.) Lessees m a y on appl icat ion to t h e Secretary for Mines in wri t ing du r ing t h e n ine teen th year of the i r leases obtain a renewal of t h e same for a fur ther period no t exceeding twen ty years and the fine to be paid on such renewal not be ing less t h a n two pounds t en shillings per acre shall be de te rmined in such m a n n e r as m a y be provided by any regula t ion he reunder and full information of t h e working and r e tu rns of the m i n e shall be afforded to t h e Secretary for Mines by the lessees on pain of forfeiting the i r c laim to renewal .
(10.) If any lease be forfeited or not renewed the lessee shall be a t l iber ty wi th in six m o n t h s from t h e te rminat ion of his lease to remove or otherwise dispose of all machinery and im­ provements and the minerals b rough t to t he surface dur ing t h e t e r m of his lease.

(11.) On the breach by the lessee of any condit ion of a lease t he Governor may direct t h e cancel la t ion of such lease.

57. I n the event of a dispute arising as to the r igh t to any lease i t shall be lawful for t h e Secretary for Mines to author ize and direct some competen t officer to m a k e inquiry in to such dispute and to t ake such other proceedings in relat ion there to as are authorized by th is Act to be t aken by t h e W a r d e n in an inquiry into t h e r igh t to a lease for gold min ing and the several provisions of t he said sections shall so far as t he same are applicable be held to apply to any inquiry hereunder .

58 . On its being made to appear t ha t the proper ty in dispute is liable to be prejudiced by the work ing of t he minerals therein pending such inqui ry t he Secretary of Mines may issue and cause to be served upon ei ther par ty or posted in some conspicuous place on the land in dispute his injunct ion for the suspension of all min ing operations a n d workings on the said land un t i l t he r ight to a lease of such land shall have been duly inquired into and determined in favour of e i ther pa r ty as here in provided or un t i l such injunct ion shall have been wi thdrawn or otherwise lawfully set aside and any person who shall wilfully or knowingly disregard and disobey any such injunction by work ing for or removing or otherwise interfer ing wi th t he minerals on t h e said land contrary to the in tent and purpor t thereof shall for t he first such offence forfeit a sum not exceeding fifty pounds sterl ing and for any second or succeeding offence shall forfeit a sum not exceeding fifty pounds sterl ing for every day dur ing which such minerals shall have been so worked for removed or otherwise interfered wi th and such penal t ies m a y be recovered in a summary way before any two or more Jus t ices in P e t t y Sessions and in default of paymen t of any pena l ty adjudged by t h e m such Jus t ices may commit the offender to some gaol or house of correction for any period not exceeding twelve calendar mon ths .

59. The Governor m a y m a k e and proclaim Regula t ions for

car ry ing th is division of t he A c t into full effect so as to provide for all proceedings forms of leases and other i n s t r u m e n t s for the working of minera l lots for t he issue of injunct ions prohibi t ing t he work ing of minera l s on such lots pend ing any dispute or inqui ry for t h e cu t t ing of water-races th rough leased land for fixing t h e clays upon which mine ra l selections shall be made and all o ther m a t t e r s and th ings ar i s ing unde r and consistent wi th t he provisions of this Ac t and not here in expressly provided for A n d all such Regula t ions shall upon

publ icat ion in t he Gazette be valid in law Provided t h a t copies of

every such regulat ion shall be laid before bo th Houses of Pa r l i amen t

wi th in one m o n t h from t h e issue thereof if Pa r l i ament be t h e n in

Session or otherwise wi th in one m o n t h after t he commencement of	t he
t h e n nex t ensuing	Session.

60. I n any case in which i t shall be made to appear to the satisfaction of the Secretary for Mines t h a t grea ter facilities for t he work ing of adjoining minera l lots would be ensured by the amalga­ mat ion of such lots i t shall be lawful for h i m to author ize such amalgamat ion upon the paymen t of a fee not exceeding twen ty shill ings for each lot so to be amalgamated and the provision as to expendi ture on minera l lots hereinbefore contained shall apply to such lots w h e n so amalgamated and for t h e purposes of th is section t he word " l o t s " shall be t aken to include as well l and unde r minera l lease as land applied to be leased unde r section fifty-six hereof or unde r t he Ac t hereby repealed.

6 1 . Eve ry person who shall have obtained a mine ra l lease

unde r th is or any other A c t and who shall desire to m i n e in the land demised by such lease for any minera l or me ta l other t h a n tha t for t he min ing of which such lease shall have been gran ted shall give notice of such his desire to t h e Secretary for Mines A n d if any such

person

person shall proceed to m i n e for any such o ther mine ra l or me ta l w i thou t hav ing obtained due author i ty so to do as hereinafter m e n ­ t ioned he shall be liable to a forfeiture a n d cancellat ion of his lease as for a b reach of condit ion.

62. W h e r e gold is associated or combined wi th any other mine ra l or m e t a l in any l and demised under th i s or any other Ac t if t h e lessee shall desire to mine for such gold or should the n a t u r e of t h e m i n i n g operations be such as to lead to t h e removal of such gold such lessee shall m a k e applicat ion for a gold-mining lease of t h e said l and to t he said Secretary for Mines unde r t he provisions of th is A c t in addi t ion to any minera l lease which he m a y hold A n d if such lessee shall proceed to m i n e for such gold before he shall have obtained such gold-mining lease his mine ra l lease shall be liable to be forfeited and cancelled as aforesaid.
63 . I t shall be lawful for t he Governor to cause documents to be called " minera l l icenses" to be issued to any person or persons apply ing for the same and upon paymen t of t he s u m of twen ty shil l ings for each such l icense Every such minera l l icense shall be in force for t he period of twelve m o n t h s from t h e date thereof and shall dur ing t h e said period confer on t h e holder thereof t h e same r ights and privileges in respect or in connexion wi th m i n i n g for minera ls o ther t h a n gold as a re declared by th is A c t to be conferred on holders of

miners ' r igh ts in respect of m i n i n g for gold.

D I V I S I O N I V .

Government Regulations—Regulations of Mining Hoard.

64. I n addit ion to any power by this A c t conferred on the Governor to m a k e Regu la t ions [and such power shall in every case be inferred for the purposes of any section in this A c t in which Regu la ­ t ions to be m a d e by the Governor are ment ioned or referred to] it shall be lawful for the said Governor subject to t h e provisions of th i s Ac t to m a k e Regula t ions from t ime to t ime to be in force in all t he M i n i n g Dis t r ic ts of the Colony or in any such distr ict or division thereof or in any Gold Field wi th in t he Colony as t he said Governor shall direct A n d such Regula t ions may be for any of the purposes following viz. :—

(1.) For prescr ibing t h e t e rms a n d condit ions upon which miners ' r igh ts and minera l licenses shal l be g ran ted and the modes t imes and places of t he issue thereof.

(2.) F o r prescr ibing the extent and form of the land to be demised unde r this A c t — t h e m a n n e r in which appl icants for leases or licenses shal l m a r k out t he land they apply for—the require­ m e n t s to be complied wi th by such persons—the m a n n e r of dealing with cases when two or more applicat ions are m a d e for a lease or a license in respect of the same land race reservoir or dam—or to divert or collect or use wa te r for m i n i n g for gold or o ther minera ls or meta ls—the mode t imes and places for paymen t of r en t therefor—the forms of leases and licenses to be gran ted unde r th i s A c t — t h e covenants condit ions reservat ions and provisions to be inser ted in such leases and licenses and the mode of regis ter ing t h e s a m e — the fees to be paid on issue of such leases and upon regis t ra­ t ion thereof—the dut ies of t he persons conduct ing the s a m e —	by any lease or occupied unde r any minera l or other license
t h e condit ions upon which licenses unde r th is A c t shall be
issued and the privileges to be enjoyed unde r t h e m — a n d general ly for ca r ry ing out the provisions of th is Act in respect to all such leases and licenses.

(3.)

(3.) F o r enforcing u n d e r a pena l ty in any case of default of a sum not exceeding fifty pounds t h e proper vent i la t ion and safe construct ion and t imber ing or suppor t ing of all min ing shafts t unne l s drives or o ther min ing work ings used in min ing for gold or any o ther minera l or m e t a l for pre­ scribing the mode of inspection of all such shafts tunne l s drives or workings and t h e powers and dut ies to be exercised by the persons authorized to ac t as inspectors in t h a t behalf and de te rmin ing and for enforcing t h e dis tance a t which all such shafts and other min ing workings are to be kep t from publ ic and pr ivate roads ways and passages a n d from pr ivate land dwell ings and other bui ld ings .

(4.) F o r regu la t ing t h e mode t imes a n d places of conduct ing

elections of member s of t h e Min ing Board hereinafter men­ t ioned the mode t imes and places in and a t which the proceedings of such Board shall be conducted and for deter­ min ing w h a t n u m b e r of members shall be a lawfully con­

s t i tu ted Board and w h a t n u m b e r shall be a q u o r u m at

meet ings of t he said Board.

65. I t shall be lawful for t he Governor to cause to be called toge the r a t any t ime he m a y t h i n k fit a M i n i n g Board t h e members whereof shall no t exceed eleven in n u m b e r who shall have power sub­ ject to t h e provisions of th i s A c t and in respect of all m a t t e r s no t otherwise provided for thereby to m a k e Regula t ions from t ime to t ime for m i n i n g for gold to be in force in all t h e M i n i n g Dis t r ic ts of the Colony or in any such district or division thereof or in any Gold Fie ld wi th in t he Colony or on any Crown Lands as t he said Governor shall direct A n d such Min ing Board shall consist of two members not being W a r d e n s to be appointed by t h e said Governor and of n ine members be ing the holders of miners r igh ts gold-mining leases or business licenses and being na tu ra l born or natural ized subjects of H e r Majesty and not less t h a n twenty-one years of age who shall be elected as hereinafter provided and who shall represent t h ree of t h e m the Elec tora l Dis t r ic t of t he Gold Fields South th ree t h a t of t he

Gold Fields W e s t and three t h a t of t h e Gold Fields N o r t h Provided

t h a t each of the aforesaid Elec tora l Dis t r ic ts of t h e Gold Fields shall be sub-divided in such m a n n e r as t he Governor m a y direct in to th ree divisions and t h a t each sub-division shall r e t u r n one of t h e three Members as aforesaid.

66. The said n ine members shall be elected by persons hav ing the same qualifications and by the same mode of election in so far as

may be deemed to be pract icable and advisable by t he said Governor as

are respectively prescribed by t h e said "E lec to ra l A c t of 1 8 5 8 " for the election of Members of t he Assembly to represent t h e th ree Gold- min ing Electorates there in described B u t where t he said Governor shall deem t h a t the mode of conduc t ing elections for Members to serve in t he Assembly as prescr ibed by t h e said Ac t shall no t be applicable to or convenient for t h e election of members of t he said Min ing Board he shall m a k e such Regula t ions for such elections as he m a y t h i n k fit A n d every Min ing Board const i tuted unde r this A c t shall cont inue for th ree years from the date of t he election of t h e n ine elected members a n d no longer A n d all persons appointed or elected members of such M i n i n g Board shall be paid by such fees not exceeding in the aggrega te t h e sum of one thousand pounds per a n n u m as the Governor m a y direct and as shall be voted by Pa r l i amen t A n d all such Regula t ions m a d e by such M i n i n g Board shall be presented to t h e said Governor for approval and so far as such Regu la t ions shall be so approved b u t no fur ther t h e same shall w h e n publ ished in t h e

Government Gazette have t he force of law A n d the Regula t ions to

be

be made by t h e said M i n i n g Board may be enforced in t he case of any breach or default thereof by such penal ty not exceeding the sum of twen ty pounds or in t he case of cont inu ing breaches or defaults no t exceeding t h e sum of live pounds for each day of t he cont inuance of such breach or default as m a y be prescribed by such Regula t ions and such Regula t ions m a y be for any of t he purposes following viz. :—

(1.)	F o r de te rmin ing the dimensions boundar ies form and posit ion of any claim or class of claims and the subsequent adjust­ m e n t of t he same where necessary w h e n such de terminat ion shall be deemed to t ake effect and the n u m b e r ex ten t and classes of claims which any one person or any two or more persons in conjunct ion may t ake possession of under a miner ' s
r igh t or miners ' r ights .
(2.)	F o r regu la t ing t he c u t t i n g cons t ruc t ing use and m a i n t e n a n c e of races dams and reservoirs upon Crown Lands included wi th in any proclaimed Gold Field.
(3.)	F o r prescr ibing t h e m a n n e r in which and wi th wha t inc ident r ights and obligations any claim or class of claims business or residence areas race dam or reservoir or any water t a k e n or diverted by v i r tue of a miner ' s r igh t shall be t aken posses­ sion of he ld occupied used worked or assigned.

(4.) F o r de te rmin ing the order of priori ty among the holders of miners ' r igh ts ent i t led to t h e use of a n y wa te r—how such

priori ty is to be r egu la t ed—and	under wha t	condit ions	and
c i rcumstances .

(5.) F o r prescr ib ing the mode of reg is t ra t ion of any land occu­

pied u n d e r th is A c t for residence or business or of any claim race dam reservoir or easement enjoyed unde r a mine r ' s r i g h t or any share or in teres t t he re in or encumbrance thereon and for t h e regis t ra t ion of the ass ignment of any such land c la im race dam reservoir or easement or of any share or in teres t there in or encumbrance the reon or of t he discharge of any such encumbrance and the mode of reg is t ra t ion of any such share or in teres t in t h e case of t he death insolvency or lunacy of t he owners thereof or of t he sale of any such share or in teres t u n d e r t he decree j u d g m e n t or order of any Cour t or t h e decision of a W a r d e n and the mode of regis tra­ tion of amalgamated claims and of claims for suspension of work a n d for fixing the fees to be charged on any such regis­

t ra t ion as	aforesaid.
(G.) F o r prescr ibing the t ime and mode of t ak ing possession of forfeited or abandoned claims of regis ter ing such claims and the labour conditions to be performed by t h e persons t a k i n g possession of such claims.

(7.) F o r enforcing and regula t ing t h e dra inage of claims and of lands held unde r gold-mining leases heretofore or hereafter to be granted .

(8.) F o r regu la t ing the mode in which the r igh t s and privileges

of t he owners of c laims a n d of races dams reservoirs and easements enjoyed under a mine r ' s r ight a n d of land occupied u n d e r th i s A c t for residence or business may be exercised or enjoyed and for l imi t ing qualifying or res t r ic t ing t he exercise and enjoyment of such r igh t s and privileges and general ly for t he protect ion of such owners in t he exercise and enjoy­ m e n t of t he r i gh t s privileges a n d interests conferred by th is Ac t .

(9.) F o r p reven t ing t h e accumula t ion of and for t h e removal to

some convenien t place of sludge ta i l ings a n d other refuse m a t t e r oozing or flowing from or connected wi th any l and

held

held or occupied unde r t he provisions of th i s Ac t and worked by means of puddl ing quar tz-crushing or other machines and of waste water and for t he m a k i n g of such channels as shall he necessary for any of t he purposes afore­ said and for otherwise regu la t ing as between claims such oozing flowing and r u n n i n g to waste .

(10.) F o r t h e protect ion from injury dest ruct ion and unlawful

removal of such machines as last aforesaid and of races dra ins dams a n d reservoirs used or enjoyed u n d e r miners ' r igh t s and of t he water there in and of pegs posts fences and notices and of any p lan t or appliances used for or in con­ nect ion wi th m i n i n g and for t he protect ion from obst ruct ion of such races and dams and of channels drains creeks and

rivers used for m i n i n g purposes.

(11.) F o r regula t ing t h e mode of construct ion and mater ia ls and

s t reng th of embankmen t s of dams and reservoirs used or to

be const ructed by v i r tue of a miner ' s r igh t .

(12.) F o r t he cons t ruc t ing and keeping in repair of sui table br idges or o ther crossings over races channels or dra ins used for min ing purposes cu t across roads or thoroughfares or over such races channels or drains over which roads or thoroughfares shall be carried and for m a k i n g proper

approaches to such bridges or crossings and for de te rmin ing

t h e wid th of such bridges crossings and approaches .

(13.) F o r m a k i n g and keeping in repair and for r egu la t ing t h e

wid th and formation of pr iva te ways and passages used for m i n i n g purposes over claims or races or any Crown Lands used or to be used in connect ion wi th m i n i n g or business carr ied on unde r business licenses and for regu la t ing and imposing condit ions on the r igh t to change t h e direction of any such way or passage and for t h e protect ion of t he same from injury or obstruct ion by the leaving of felled t imber or

o ther obs t ruc t ion or any waste or injurious m a t t e r thereon.

(14.) F o r t h e prevent ion of nuisances in and about residences or places of business held u n d e r a miner ' s r igh t or business l icense and for cleansing and keep ing clean the same.

(15.) F o r securing t h e ba l ing of water from mines so as to prevent injury from such wa te r to any m i n i n g workings .

(16.) F o r p reven t ing the defiling or was t ing of wa te r used for

domestic purposes and for de te rmin ing whe the r any and wha t waterhole spr ing or o ther depository of water shall be reserved for domestic use and the mode of such reservation.

(17.) F o r de te rmin ing the cases in which Crown Lands lawfully

and bond fide used as a yard garden cul t ivated field or orchard or upon which any house outhouse shed or o ther bui ld ing or any artificial dam or reservoir shall be s tanding as herein­ before ment ioned shall cease to be exempted from occupat ion for min ing purposes and for prescr ibing t h e m a n n e r in which compensat ion shall be ascertained and paid to t he person or persons hold ing or us ing any such lands.

G P A R T I I .

P A R T I I . — A D M I N I S T R A T I O N O F J U S T I C E .

D I V I S I O N	V .
Wardens'	Courts.

67. I t shall be lawful for t he Governor to establish by Procla­ mat ion publ ished in t he Gazette as m a n y Courts to be styled W a r d e n s ' Cour ts as he shall t h ink fit A n d every such Court shall be a Cour t of Record possess such jur isdic t ion as is here inaf ter conferred and be held a t such places as t he Governor shall appoint A n d for t he pur­

poses of this P a r t t he t e r m " W a r d e n s ' C o u r t " means equal ly t h e

W a r d e n hav ing jur isdic t ion unde r th i s P a r t or such W a r d e n s i t t ing

wi th Assessors as hereinaf ter provided.

68 . Every W a r d e n appointed u n d e r t h e provisions of this A c t

shall have and exercise jur isdict ion in respec t of t h e ma t t e r s hereinafter

conta ined t h r o u g h o u t N e w South Wales wi th power to issue summonses war ran t s or other process which shall have legal effect and operat ion

t h r o u g h o u t t he said Colony.

69. Eve ry such W a r d e n ' s Cour t shall have original jur i sd ic t ion

to bear and de te rmine all suits re la t ing to any of t h e following

m a t t e r s :—

(1.) The c la im of any person to t h e possession or occupat ion of any Crown L a n d by v i r tue of a mine r ' s r igh t or of a lease or minera l or other license lawfully issued or to cu t cons t ruc t use possess occupy or hold any in teres t in any race dra in dam or reservoir for gold-mining by v i r tue of a miner ' s r igh t or license or under any Ac t or Regu la t ion .

(2.) The c la im of any person to recover any l and race dra in dam or reservoir alleged to have been abandoned or forfeited u n d e r

any A c t or Regula t ion and to t he mesne profits thereof.

(3.) The c la im of any person to t h e use enjoyment and sale of any wa te r by v i r tue of a miner ' s r i gh t or any license gran ted under t he provisions of any A c t or Regu la t ion or to t h e pr ior i ty of use and enjoyment as against any o ther c la imant of water t aken diver ted or used or claimed so to be under any

A c t or Regula t ion .

(4.) A n y encroachment or t respass upon or unlawful interference

wi th or injury to any such land race dra in dam or reservoir

as aforesaid or unlawful interference wi th or injury to any

mach ine ry the reon—any diversion or abs t rac t ion of wa te r

possessed or used u n d e r a miner ' s r i gh t or unde r any such l icense as aforesaid—the unlawful ouster or exclusion of any person from any share or interest in a n y such land race dra in dam reservoir or water and the damages and compen­ sation for any such encroachment t respass ouster diversion abstract ion interference or injury.

(5.) A n y claim for debt or damages or both ar is ing out of or
made in respect of any contract or ag reemen t whatsoever

re la t ing to m i n i n g for gold or any o the r minera l or me ta l or to

any hold ing or in teres t author ized by any A c t or Regula t ions .

(6.) The claim to any gold or o ther mine ra l or me ta l in or to be t aken out of any land occupied or held unde r any A c t or Regula t ion any m a t t e r concern ing or arising out of any cont rac t re la t ing to such gold minera l or me ta l .

(7.) Concerning or arising out of any pa r tne r sh ip for or in

H right

right license or lease duly empowering him in that behalf and not being an authorized person within the meaning of this Act who shall occupy any Crown lands in any proclaimed gold field or who whether or not so authorized shall employ any such unauthorized person in any business therein shall be liable for every such offence to a penalty not exceeding ten pounds.

125. I f any person shall forge any miner's right or any lease

license or permit issued or purporting to be issued under the authority

of this Act or fraudulently use utter or exhibit any such forged

miner's right lease license or permit knowing the same to be forged such person shall be guilty of a misdemeanour and shall on conviction

thereof be sentenced to imprisonment either with or without hard
labour at the discretion of the Court for any period not exceeding

twelve months.

126. Any person who shall infringe any regulation under this

Act or any regulation in force for the time being for the infringement whereof no penalty is prescribed by such regulation shall on convic­

tion thereof incur for every such offence a penalty not exceeding ten
pounds.

127. I f any Warden appointed under this Act shall at any time during his appointment hold any interest or share in any claim gold mining or mineral lease or mining adventure or shall knowingly adjudicate in any matter in which he shall have any pecuniary interest he shall be guilty of a misdemeanor and be liable to fine and imprison­ ment or both in the discretion of the Court.

128. Any person who shall wilfully and corruptly exact take or

accept any fee sum or reward whatsoever other than and except such fees or sums as are or shall be lawfully appointed or allowed for or on
account of anything done under the authority of this Act shall on
conviction thereof forfeit and pay any sum not exceeding fifty pounds.

129. Any person who shall assault obstruct or resist any Warden

or any person duly authorized by any Warden in lawfully entering

upon any claim or land or in performing any other act authorized hereby or any bailiff or other officer or. any clerk or assistant of such
bailiff or officer or any inspector or other person in the performance

of his duty or in the exercise of his powers under this Act or any

person who after being removed by any Warden under the provisions
of this Act from any claim or other place shall forcibly or clan­
destinely retake or retain or endeavour to retake or retain possession

thereof or of any portion thereof or of any share therein or who after

mining purposes or to divert any water (such decision not having been	any decision of a Warden that any complainant is entitled to use for
reversed on appeal) shall resist such complainant or his agents in such use or diversion or who upon or in consequence of the decision of any Warden's Court against him shall assault or threaten to assault any person in whose favor such decision shall have been made shall on
conviction thereof before any two Justices forfeit any sum not exceed­
ing fifty pounds and in default of payment shall be liable to be imprisoned for any period not exceeding six months.
130. Any person on whom any summons issued out of any Mining Appeal or Warden's Court or by any Warden requiring such person to appear as a witness in such Court or before such Warden shall have been served personally or in such other manner as shall
be directed by the rules hereinbefore mentioned and to whom at the
same time payment or tender of his expenses shall have been made according to the scale to be fixed by general rules as hereinbefore mentioned and who shall refuse or neglect without sufficient cause to appear according to the tenor of such summons or who having so appeared shall refuse to be sworn or answer any lawful question shall

on

on conviction thereof before any two Justices forfeit and pay any sum not exceeding ten pounds but no such conviction shall exempt such person from any action for disobeying such summons.

131 . Any person who shall feel himself aggrieved by any convic­ tion or order of any Justice or Justices under this Act may appeal from any such conviction or order to the next Court of General Sessions of the
Peace which shall be held nearest to the place where such conviction
or order shall have been given or made and the execution of every
such conviction or order so appealed from shall be suspended in case such person shall with two or more sufficient sureties immediately before such Just ice or Justicesenterinto a bond or recognizance to Her Majesty in the sum of fifty pounds which bond or recognizance respectively such
Just ice or Justices is and are hereby authorized and required to take and

such bond or recognizance shall be conditioned to prosecute such appeal with effect and to be forthcoming to abide the determination of the said Court of General Sessions and to pay such costs as the said Court shall award on such occasion and such Court of General Sessions is hereby authorized and required to hear and determine the matter of the said appeal and the decision of such last-mentioned Court shall be final to all intents and purposes.

S C H E D U L E S .

F I R S T S C H E D U L E .

Year and Number.	Title.	Extent of Repeal.
20 Vic. No. 29	An Act to amend the Laws relating to the	The unrepealed por­

Gold Fields. tion.

29 Vic. No. 20 An Act to amend the " Gold Fields Act of

1861 ." The whole.

30 Vic. No. 8 An Act to amend the Laws relating to the

Gold Fields. The whole.

25 Vic. No. 2 An Act for regulating the occupation of So much of section 11

Crown Lands.	as limits the term for which Crown Lands may be leased for min­ eral purposes other
than gold mining.
Section 22.

26 Vic. No. 17 An Act for the better regulation of Coal So much as vests any

Fields and Collieries.	administrative func­ tions in the Minister
for Lands for which
term or the term
" Minister" through­
out the Act the term
" Secretary for Mines" is substituted.
An Act to amend the " Crown Lands	The whole.

36 Vic. No. 25 Occupation Act of 1861."

T H E

T H E SECOND S C H E D U L E .

Descriptions of Mining Districts.

T H E M U D G E E M I N I N G D I S T R I C T .

Embracing portions of the Counties of Bligh Phillip and Wellington Com­ mencing at the junction of the Meroo Creek with the Cudgegong River and bounded thence by a line north-westerly to Mount Emiguley on the western boundary of the County

of Bligh at the source of Mitchell's Creek thence on the west by the range forming the

west boundary of the County of Bligh northerly to the Talbragar River by that river

upwards to the confluence of Coolaburragundy Creek on the north by the Talbragar

River upwards to the north-east corner of W . Bowman's 890 acres above Cockabutta thence by a line bearing east to the Great Dividing Range dividing the eastern and western waters thence on the east by that range southerly to the north-eastern boundary

of the Police District of Mudgee thence by that boundary bearing about south by

compass to the confluence of Cudgegong Creek with the Cudgegong River thence by Cudgegong Creek upwards to its source thence on the south by the range forming the southern watershed of the Meroo Creek north-westerly to the junction of Meroo Creek with the Cudgegong River at the point of commencement.

T H E TAMBAROORA AND TURON M I N I N G D I S T R I C T S .

Embracing portions of the Counties of "Wellington Bligh Bathurst Gordon Lincoln and Roxburgh Commencing at the junction of the Meroo Creek with the Cudgegong River and bounded thence on the north by the range forming the southern watershed of the Meroo Creek easterly and the northern watershed of the Turon River easterly to the Great Dividing Range thence on the east by that range southerly to the southern watershed of the Turon River thence on the south by the southern water­ shed of that river north-westerly to where the spur branches forming the northern watershed of Cheshire Creek and Winburndale Rivulet and by that spur south-westerly to the junction of the "Winburndale Rivulet and the Macquarie River thence by the Macquarie River upwards to the southern boundary of the parish of St. David as shown on the map of the County of Bathurst published by the Government thence by that boundary and its westerly continuation to the eastern watershed of Lewis Ponds Creek thence by that watershed northerly to the junction of Lewis Ponds Creek with the Macquarie River thence by a lino north-westerly to the range forming the eastern water­ shed of the Bell River at the source of Larras Lake thence by Larras Lake to the Bell River and by the Bell River to the junction of Molong Creek thence by the southern boundary of the County of Gordon and the western boundary of that County northerly and the western watershed of Little River northerly to the junction of the Little River with the Macquarie River thence by a line north-easterly to the junction of Mitchell's Creek with Erskine or Talbragar River thence on the north-east by the north­ eastern watershed of the Mitchell Creek to the western boundary of the County of Bligh thence by that boundary southerly to Mount Emiguley and thence by a line south-easterly to the junction of the Meroo and Cudgegong Rivers aforesaid.

T H E BATHURST M I N I N G D I S T R I C T .

Embracing part of the Counties of Bathurst Roxburgh Westmoreland "Wellington and Georgiana Commencing at the junction of "Winburndale Rivulet with the Macquarie River and bounded thence on the north and north-east by the spur range forming the northern watershed of that creek and Cheshire's Creek north-easterly to the southern watershed of the Turon River and by that watershed south-easterly to the Great Dividing Range and by that range to the Bathurst Road and by that road to Cox's River by Cox's River downwards to the Kowmung River on the east by the Kowmung River upwards to its nearest source thence to Mount Collong thence by the range southerly and westerly to the source of the Abererombie River near Mount Muruin thence by the eastern water­ shed of the Abererombie River southerly on the south by the southern watershed of that river westerly and by a line west to the junction of Sandy Creek with the Lachlan River thence by the Lachlan River downwards to the junction of the Belubula River thence by the western boundaries of the Counties of Bathurst and Wellington northerly to the junction of the Molong Rivulet with the Bell River thence again on the north by the Bell River and Larras Lake upwards to the eastern watershed of the Bell River thence by a line south-easterly to the junction of Lewis Ponds Creek with the Macquarie River thence by the eastern watershed of Lewis Ponds Creek southerly to the westerly prolongation of the south boundary of the parish of St. David's thence by that pro­ longation and the south boundary of that parish as shown on the map of the County of Bathurst published by the Government easterly to the Macquarie River and thence by the Macquarie River downwards to the junction of the Winburndale Rivulet aforesaid.

T H E

T H E L A C H L A N M I N I N G D I S T R I C T .

Embrac ing par t s of the Pastoral Dis t r ic ts of Lachlan and Wel l ing ton Commencing

a t the junct ion of Molong Rivulet with t he Bell River and bounded on the east by the western boundaries of the Counties of Wel l ington Ba thur s t and K i n g southerly to the Yass River on the south by the Yass and Mur rumbidgee Rivers downwards to the junc t ion of Jug iong Creek thence on the west by t he range dividing the waters of t ha t creek from Ki t t i ca r ra ra Creek north-wester ly to the range dividing the Lachlan and Mur rumbidgee waters thence by tha t range and the western boundaries of t he Police Dis t r ic ts of Y o u n g Grenfell and Forbes nor ther ly to t he Lachlan Eiver thence by the Lachlan River upwards to t he Corr idgerry Range thence by tha t range nor ther ly and by a line no r th to the southern watershed of the Bogan River thence on the no r th by the nor the rn boundary of t he Coun ty of Ashburnham easter ly to t he point of commencement .

T H E SOUTHERN M I N I N G D I S T R I C T .

Embrac ing par t s of the Counties of Argyle St. Vincent M u r r a y Dampie r Auckland and Welles ley Commencing on the sea-coast a t the junc t ion of t he Shoalhaven River and bounded on the no r th by the nor the rn margin of t he Shoalhaven River to t he junc t ion of Barber ' s Creek on the west by Shoalhaven River upwards to N e r r i m u n g a Creek thence by the wes tern watershed of the Shoalhaven River souther ly and by the range dividing the eas te rn and western waters souther ly to t he spur range dividing the waters of t he M ' L a u g h l i n and the Umara l la Rivers thence by the nor the rn and the western watershed of the M'Laugh l in River westerly and souther ly to the junc t ion of M'Laughl in and Snowy Rivers thence by the Snowy River to the junc t ion of the Delegate River and thence by the range dividing the waters of the Delega te and Snowy Rivers south-westerly to t he boundary dividing the Colonies of N e w South Wales and Victoria on the south by tha t boundary easterly to t he sea and on the east by the sea nor ther ly to the point of commencement .

T H E T U M U T AND A D E L O N G M I N I N G D I S T R I C T .

Embrac ing pa r t s of t he County of M u r r a y and the Pastoral Dis t r ic ts of Lachlan

Monaro and Mur rumbidgee Commencing a t the range dividing the eastern and wes tern waters and bounded on the nor th by the no r the rn boundary of the County of M u r r a y to t h e junct ion of the Yass and Murrumbidgee Rivers and by the Mur rumbidgee River to the junc t ion of Jug iong Creek thence by the spur range dividing the waters of t h a t creek from Ki t t i ca r ra ra Creek nor th-wester ly to the range dividing the Lachlan and M u r r u m ­ bidgee waters thence by t h a t range to the western watershed of Hou lahan ' s Creek thence by the wes te rn boundary of t he County of Clarendon to the Murrumbidgee River t hence by the wes tern boundary of the County of W y n y a r d souther ly to the nor thern boundary of the Police Dis t r ic t of Albury thence by tha t boundary westerly and the western boundary of t ha t Police Dis t r ic t souther ly to the M u r r a y River on the south by the M u r r a y and Indi Rivers upwards being the boundary dividing the Colonies of New South W a l e s and Victoria to the source of t he Indi River in the Snowy M o u n t a i n s and thence by the boundary-l ine dividing the aforesaid Colonies south-easter ly to the range dividing the Snowy and Delegate Rivers on the east by tha t range nor th-eas ter ly to the junc t ion of t he Delegate and Snowy Rivers and by the Snowy River to t he junc t ion of t he M 'Laugh l in River thence by the western and no r the rn watersheds of t he M'Laughl in

River to the Grea t Dividing Range dividing t h e western and coast waters and thence by

tha t range nor ther ly to the point of commencement.

T H E P E E L AND U R A L L A M I X I N G D I S T R I C T .

Embracing p a r t of the Counties of D u r h a m and Br isbane and par t s of the Pas tora l Dis t r ic ts of Gwydir Liverpool Pla ins and New England Commencing a t t he junc t ion of Rouchel Brook with the H u n t e r River and bounded thence on the south by the nor the rn watershed of tha t brook easterly to t he eas tern boundary of the County of D u r h a m on the east by t he eas tern boundary of t h a t County and the eastern boundary of t he County of Brisbane nor ther ly to t he Liverpool Range thence by the Liverpool Range and the G r e a t Dividing Range easterly and nor ther ly to Ben Lomond thence by t h e nor the rn watershed of the Bundar ra or Gwydir River and the no r the rn watershed of t he Gwydir River westerly to the junc t ion of the H o r t o n and Gwydir Rivers thence by the eas te rn watershed of t he H o r t o n River southerly and the southern watershed of the H o r t o n River to the Cobbadah Barraba and Tamworth Road and thence by the Tamworth Road to t he Peel River a t Tamworth and thence by the Wal labadah Road to the boundary dividing the Counties of Buckland and Pa r ry thence by t h a t boundary southerly to t he Liverpool Range and by the Liverpool Range easterly to t he spur dividing the Is is River from Page 's Creek and H u n t e r River thence by t h a t spur southerly to the junc t ion of t h e H u n t e r River and Rouchel Brook to the point of commencement.

T H E

T H E N E W ENGLAND AND CLAEENCE M I N I N G D I S T E I C T .

Embracing parts of the Pastoral Districts of New England and Clarence Com­

mencing on the boundary dividing the Colonies of New South "Wales and Queens­ land at the head of the Clarence Eiver near Mount Lindsay and bounded thence on the east by the eastern watershed of the Clarence Eiver southerly to where the range known as the Coal Eidge meets that river at Nettle Creek thence by the range dividing the Mitchell and Nymboi or Boyd Eivers from the Clarence and Orara Elvers and a line south to the Nymboi Eiver near Buccarumbi thence on the south by a lino west to the junction of Guy Eawkes Eiver with the Boyd Eiver thence on the west by a line northerly to the junction of the Henry and Mitchell Eivers and by a line north to the southern watershed of the Timbarra Eiver thence by that watershed westerly to tho Great Dividing Eange thence by that range northerly to Maryland and thence by that range easterly to Mount Lindsay at the point of commencement.

T H E T H I E D S C H E D U L E .

M I N E E ' S E I G H T . N E W SOUTH W A L E S .

No.

No. [Insert here sum paid for the Miner's Right.]

Mining District and Division or Place in which issued

Mining District and Division or

Place in which issued Date

Date	M I N E E ' S	E I G H T .
Name

To be in force until Issued to of under the

provisions of the " Mining Act 1 8 7	" to be in force
until	1 8

T H E F O U R T H S C H E D U L E .

B U S I N E S S L I C E N S E . N E W SOUTH W A L E S .

No.

[Insert stem paid for the Business License]

No.	District and Division or Place in which issued
£
Mining District and Division or	{Date)

Place in which issued [Insert here whether for six or twelve months]

Date B U S I N E S S L I C E N S E .

Name	Occupation
Occupation	Eesidence
Eesidence	Issued to of under the provisions
To be in force until the	of ihe " Mining Act 1 S 7 " to be in force until the

^ay of 1 8 day of 1 8

THE

T H E F I F T H S C H E D U L E .

Form of Receipt of Objector's Deposit.

In the ma t t e r of t he applicat ion of t he unders igned person (or persons) for a

lease u n d e r the " Min ing Ac t 187 " and of objections the re to lodged by

RECEIVED from t h e abovenamed persons t h e sum of Five Pounds p u r s u a n t to t h e

provisions of the said Act .

Da ted

{Signed)

Clerk to W a r d e n .

{or)

Clerk to P e t t y Sessions.

Names and Addresses of Applicants

T H E S I X T H S C H E D U L E .

To [insert names of all the defendants] of

Y o u are hereby summoned to appear before me or some other W a r d e n a t

on t he day of n e s t a t t en o'clock in t he forenoon of

t he same day precisely t o answer the complaint of A.B. of and C D . of

[insert names of all the complainants] by which complaint they seek

[here insert nature of complaint showing ichetlicr for encroachment trespass fyc.]. I f you desire t h e said complaint to be heard before assessors you are ent i t led to have it so heard.

T o u may have a summons to compel the a t t endance of any witness or for t h e product ion of any books or documents on applying a t my office.

B r ing this summons with you when you come to my office.

Given under my hand this day of IS

T H E S E V E N T H S C H E D U L E .

To [insert names of all the defendants'] of

Y o u arc hereby summoned to appear before me or some o ther W a r d e n at on the day of next a t

t en o'clock in t he forenoon of t he same day precisely to answer the complaint of A . B . of and C D . of [insert names of all the complainants]

by which complaint t hey seek to recover from you t h e sum of pounds

in respect of a cer ta in contract en te red into on the day of [or in

respec t of a certain share or in teres t in or upon a certain mining

par tne rsh ip account or for wages or state generally nature of claim] I f you desire to

have t he said complaint heard before assessors you are ent i t led to have it so heard.

Y o u may have a summons to compel the a t tendance of any witness or for t he product ion of any books or documents on applying a t my office.

Br ing this summons with you when you come to my office.

Given under my hand this day of 18

Warden.

THE

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T H E	N I N T H	S C H E D U L E .

I A.B. do swear well and t ru ly to t ry and determine t he mat te r s which shall bo b rough t before me and a t rue j udgmen t to give according to the evidence wi thout fear or favour.

So help me G O D .

T H E T E N T H S C H E D U L E .

I A.B. do solemnly sincerely and t ru ly affirm and declare tha t t he tak ing of an oath is according to my religious belief unlawful and I do also solemnly sincerely and t ru ly affirm and declare t h a t I will well and t ru ly t ry &e. &c.

T H E E L E V E N T H S C H E D U L E .

A.B. and C.D. Compla inants E .E . and G . H . Defendants .

T H E W a r d e n ' s Cour t finds t h a t [set forth the decision] and it is ordered tha t [state

order in full] and tha t t he said E . F . and G . H . do pay to t he said A .B . and C.D. the

sum of pounds for damages and pounds for costs]

I t is also ordered t h a t certain auriferous ea r th in the possession of the said A . B . and which has been valued by me [or by assessors] a t shall be delivered to the said A . B . and C D . in satisfaction [or in p a r t satisfaction] of such damages and costs.

Da ted this day of

(Signed)	J.	K.
W a r d e n .

T H E T W E L F T H S C H E D U L E .

Writ of Execution against the Goods of Defendant.

No. of Complaint .

No . of	W r i t .
I n t he W a r d e n ' s Cour t holden a t

Be tween A .B . Complainant and C.D. Defendant .

W H E R E A S on the day of 1 8 t h e complainant obtained a j u d g m e n t

in this Cour t against t he defendant for the sum of £ for

and i t was t he reupon ordered by the Cour t t h a t t he defendant should pay the same

into Cour t on the day of (or by ins ta lments of

for every days) A n d whereas default has been made in paymen t according to t he said order these a re therefore to require and order you forthwith to make and levy by distress and sale of t he goods and chat tels of the defendant wheresoever they may be found (except t he wearing apparel and bedding of him or his family and the tools and implements of his t r ade if any to t he value of t en pounds) t he sum stated a t t he foot of this war ran t being the amount due to t h e plaintiff under the said order including the costs of this execution and also to seize and t ake any money or Bank notes and any cheques bills of exchange promissory-notes bonds specialities or securities for money of t he defendant which may there be found or such pa r t or so much thereof as may be

sufficient

sufficient to satisfy this execut ion and the costs of making and execut ing the same and to pay what you shall have so levied into this Cour t and make r e t u r n of wha t you have done under this war ran t immediately upon the execution thereof.

Given u n d e r my hand this day of 18

"Warden.

To the Bailiff of t he said Cour t and others the Ass is tant Bailiffs thereof.

£ s. d.

Amoun t for which J u d g m e n t	was obtained
Costs Mileage Paid into Court
Remain ing	due

Total amoun t to be levied

Notice.—The goods and chattels are no t to be sold unt i l after t he end of five

days nex t following the day on which they were seized unless they be of a perishable

n a t u r e or at t he reques t of the defendant.

Applicat ion was made to t he W a r d e n for this W r i t a t minutes pas t

t h e hour of in t he noon of t he day of 18

Writ of Execution against the Goods of Complainant.

N o . of Complaint .

N o .	of	W r i t .
I n the W a r d e n ' s Cour t of holden a t

Be tween A . B . Complainant and C.D. Defendant .

W H E R E A S a t a Court	holden a t	on the	day of	18	i t
was ordered by the Cour t	t h a t j u d g m e n t	should	be	en te red	for the defendant (or t h a t

j u d g m e n t of nonsu i t be en te red) and t h a t t he complainant should pay into Cour t

on or before t he day of the sum of for the defendant 's

costs of sui t And whereas default has been made in payment according to the said order these are therefore to require and order you forthwith to make and levy by distress and sale of the goods and chat tels of the complainant wheresoever they may be found (except ing the wearing appare l and bedding of him or his family and the tools and implements of his t r ade if any to t he value of ten pounds) the sum stated a t t he foot of this war ran t being the amoun t due to the defendant unde r the said j u d g m e n t including the costs of th is execution and also to seize and t ake any money or Bank notes and any cheques bills of exchange promissory-notes bonds specialities or securities for money of t he complainant which may there be found or such pa r t or so much thereof as may be sufficient to satisfy this execution and the costs of making and execut ing the same and to pay what you shall have so levied in to this Cour t and make r e t u r n of wha t you have done under this war ran t immediately upon the execution thereof.

Given under my hand th is day of 18

W a r d e n .

To the Bailiff of the said Court and others t he Ass is tant Bailiffs thereof.

£ s. d.

Costs adjudged
Mileage

Paid into Court

Remain ing due

Total amount to be levied

Notice.—The goods and chat te ls are no t to be sold un t i l after the end of five days

nex t following the day on which they were seized unless they be of a perishable na tu re

or a t t he reques t of t he said complainant .

Applicat ion was made to the W a r d e n for this war ran t at minu tes past

the hour of in the noon of the day of 18

T H E

T H E T H I R T E E N T H S C H E D U L E .

To the Bailiff of t he Cour t of the Min ing Dis t r ic t of and

to t h e K e e p e r of t he Gaol a t

T H E S E a re to command you the said Bailiff to apprehend O.B. and to convey him

to t he said gaol and deliver him to t he said K e e p e r thereof and you and the said Keepe r are hereby requi red to receive him into your custody in t he said gaol and him the re safely to keep for t he t e rm of [unless t he sum of shall be sooner

paid] I t h e unders igned J u d g e of t he said Cour t [or W a r d e n ] having now here adjudged the said O.B. [to pay a fine of and in default of immediate paymen t

thereof ] to be imprisoned for t h e said t e rm for t h a t he t he said O.B.

[Here state the case as follows]

has now dur ing my s i t t ing in my office as such J u d g e [or W a r d e n ] wilfully insul ted me

the said J u d g e [or W a r d e n ] [or an Assessor as the case may be lawfully in a t t endance

dur ing my s i t t ing or i n t e r rup t ed the proceedings of the said Cour t (or before me (or having been summoned as a witness in a sui t (or appeal or complaint) before me between &c. &c. refused to be sworn or being sworn as a witness before mo refused to answer a certain lawful quest ion t h a t is to say " W h e t h e r &c." or been guil ty in t he opinion of me t h e said J u d g e (or W a r d e n of prevaricat ion as, such witness or misbehaved himself towards t he said Cour t or dur ing my s i t t ing in my office as W a r d e n ) ] .

Given under my hand this day of

A .B .

J u d g e of t h e said Cour t [or W a r d e n ] .