NT Gold Mining Act 1873 (SA)

ANNO TRICESIMO SEPTIMO
VICTORIA3 REGINE.

D. 1873.

No. 18.
An Act to amend the Laws relating to Mining for Gold in the
Northern Territory, and for other purposes.
[Assented to, 18th December, 18'73.1
HEREAS it is expedient to amend the Laws relating to Mining for Gold in that portion of the Province of South Australia lying north of the twenty-sixth parallel of south latitude, commonly known as and called The Northern Territory :" And whereas, it is
dso expedient to provide for the settlement and final determination
of all disputes concerning the rights and claims of persons to
auriferous lands in the said Territory-Be it therefore Enacted, by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

PART	vr.-General matters.

1. This Act shall be divided into parts, as follows-

Divinion of ~ c t.

PART

11.-Validation

of Acts done and proceedings taken under

different Acts and Regulations and provisions for validating
titles:

PART m,--Miners'

Rights and Mining Leases:

PART

IV.-Mining

Board and its powers:

v.-Wardens,

their powers and duties:

me Northem Tem'tory Gold Mining Act.-1 873,

f i s r I.

PART

I.-Preliminar

Commencement of

2. This Act shall come into operation on the first day of March,

Act.	one thousand eight hundred and seventy-four.

Interpretation clsuse.

3. In the construction of this Act the following words shall, if

not inconsistent with the context or subject-matter, have the
respective meanings hereby assigned to them (that is to say)-
The word " Gold" shall signify as well any gold as any rock, stone, quartz, clay, sand, soil, or earth containing gold, or having gold mixed in the substance thereof, or set apart for
the purpose of extracting gold thereforn:

The words

To Mine " shall mean to disturb, remove, cart, carry, wash, sift, smelt, refine, crush, or otherwise to deal with any gold, as hereinbefore defined, by any mode or method what- soever, for gold mining purposes, as hereinbefore defined:

The words

Gold Mining Purposes " shall mean the purpose of

obtaining and mining for gold by any mode or method, and
of stacking or otherwise storing the same:

The word

Mine " shall mean and include any place, pit, shaft, drive, level, or other excavation, drift, gutter, lead, vein, lode, or reef, wherein, or whkeby any operation for, or in connexion with gold mining purposes, as hereinbefore defined is or shall be carried on upon waste lands:

The word " Miner " shall mean any person engaged or interested
in any gold mining purpose or operation:

The words cc Waste Lands" shall include all lands of the Crown in the Northern Territory not alienated in fee or agreed to be so aliertated, and not demised under the provisions of this Act, or of Part III. of " The Northern Territory Land Act, 1872," and not forming claims held under miners' rights, issued under this Act, and also all such lands as having been	demised pursuant to this Act, shall have been surrendered or	forfeited in manner hereinafter provided, and also all relin-
quished, abandoned, deserted, or forfeited claims, races, drai-ns, dams, reservoirs, casements, occupied and enjoyed nnder a miner's right:

The word

Claim " shall mean such a parcel of waste lands as

any person in accordance with this Act, or any regulations to
be made, as hereinafter provided, shall hereafter take pos-
session of: and be entitled to occupy, for the purpose of

,	seeking gold therein, or any number of such parcels lawfully amalgamated by their owners:

The word

Warden " shall mean one of Her Majesty's wardens of

the Gold Fields in the Northern Territory, appointed 'as

hereinafter provided.

From

370 $ICTORIB,

NO.

18.

me Northernd Territoty Gold MiPzing Act.--1873.

4. From and after the cdming into operation of this Act, sections

PART

44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 72 and 73 of "The	Repeal.
Northern Territory Land Act, 1872," and all rules and regulations
made thereunder, shall be and the same are hereby repealed, saving
always (except as by this Act is provided) all rights, claims, interests, and liabilities which have bcen created, or have accrued, arisen, or been incurred, or have come into existence under OF by
virtue of the said repealed Act and regulations, or any of them.

PART

11.-Validation

of acts done and proceedings taken under

different Acts and regulations, and provisions for validating
titles:

5. All applications for leases for gold mining purposes of portions	tions rmder repealed
Validation o f applica-

of auriferous lands in the Northern Territory, which on or before the

Act.

twenty-ninth day of November, one thousand eight hundred and seventy-two, were made or purported to be made, pursuant to Act No. 26 of 1870-71, shall entitle the applicants, or thcir assigns, to all such rights, privileges, and immunities as they would have been entitled to had the said Act and the regulations thereunder not been repealed, anything in The Northern Territory Land Act, 1872," to the contrary notwithstanding; and such applicants, or their assigns, shall be entitled to have issued to them leases of the portions of land so applied for upon the conditions and for the term of years by the said Act No. 26 of 1870-71, and by the regulations made thereunder in that behalf thereby determined, notwithstanding such applicants or their assigns may not have strictly complied with the regulations heretofore in force, with reference to the employment of labor or the expenditure of capital upon the lands so applied for.

6. All persons and companies, and the assigns of every such ~ ~ f ~ ~ ~ ~ ~ f o t h e r
person and company, who shall have made application for a gold mining lease or leases of lands in the Northern Territory since the twenty-ninth day of November, one thousand eight hundred and

seventy-two, and who shall have paid rent in advance therefor to	m y warden, or to any person in the employment cf the Government
of the said Province assuming to rcccive such rent on behalf' of such
Government, and whether such persons, companies, or their res-
pective assigns were or were not at the time of making such appli-
cation, or at, the time of paying such rent, respectively, the holders of miners' rights, as prescribed by the said Act No. 26 of 1870-71, or by "The Northern Territory Land Act, 1872," shall, and all persons and companies, and the assigns of every such person or com-
pany, and whether such persons, companies, or their respective
assigns were or were not the holders of miners' rights as aforesaid, and before the coming into operation of this Act, have or shall have become registered under the regulations made under the said Act No. 26 of L 870-71, or under either of the sets of regulations made under '' The Northern Territory Land Act, 1872," or under any or either of such regulations, as the holders or owners of any quartz claims, whether prospecting, ordinary, amalgamated, or otherwise,

and

rr.

and who shall have complied with either of the sets of regulations made under "The Northern Territory Land Act, 1872," shall, on complying with the provisions of this Act, and the regulations to be made as hereinafter provided, be entitled to a lease or leases, as the case may be, of the quartz claims in respect of which they are so registered, or of the lands for which they have so made application for a gold mining lease, and have so paid rent in advance: And every such lease shall be granted to the persons, companies, or their respective assigns entitled to the same for the term, at the rent, and subiect to such conditions as to forfeiture, working, and otherwise as by this Act and by the regulations to be made thereunder are and may be prescribed with respect to gold mining leases applied for after the coming into operation of this Act, and upon and subject to no other terms and conditions whatsoever.

Leases under pre- 7. No gold mining leases s h ~ l l be granted under the last preceding

ceding clause to be	mnliaerea by corn- section, until applications for the same shall have been made to and
missionera. considered and determined by the Commission for determining titles

to gold claims hereinafter constituted, in manner hereinafter pre-
scribed.

Governor may appoint

8. The Governor in Council may from time to time, as occasion may require, issue a Commission to the Government Resident, the Special Magistrate presiding over the Local Court of Palmerston, and the chief warden for the time being in the said Territory, or to such other fit and proper persons as to him shall seem meet, and thereby nominate and appoint them to be "Commissioners for deter- mining Titles to Gold Claims in the Northern Territory;" and such Government Resident shall be the President of the said Commission,

Commiaaionera.

Their powers,

and the said Commissioners, or any two of them, shall. have full power and authority to hear and determine, pursuant to this Act, all applications that shall or may be made to them under and by virtue of this Act.

Secretary to Com-

miusion.

9. There shall be n secretary to the said Commissioners, who shall be appointed and be removable by the Government Resident, and every such appointment shall be promulgated in as public a manner as the circumstances of the Northern Territory will permit.

Persons and corn-

panies to lodge

10. All persons and companies claiming gold mining leases, pur-

,piic8ti,,,d

suant to section 6, shall, within six months of the time of the coming

~thineixmonths, into operation of this Act, lodge with the said Commissioners an

or rights to be

barred,

application in writing in the form, and setting forth the particulars required in the ~ i r s t Schedule to this Act, and shall also, within fourteen days after lodging such application; post and keep posted a copy of such application for forty-two days thereafter on some con- spicuous part of the portion of waste lands or quartz claims in respect whereof a gold mining lease is so applied for; and every person and company so applying may, at the time of lodging the said application,

and shall within twenty-one days thereafter, lodge with the said
Commissioners a plan, certified to be correct by and signed by some
licensed
37" VTCTORTB, No. 18.
The Northern Territory Gold Milling Act.-1873.

licensed surveyor, drawn to a scale of two chains to the inch, showing	P a a ~	11.
the exact position and bearings, to be fixed by reference to some trigonometrical point to be determined by the Government of the said Province, at some convenient place therefor, or by reference to some other claim already surveyed and defined by some other such trigonometrical point and also the boundaries, admeasuremcnts, and the area of such portion of waste lands or quartz claim for which such a lease is sought to be obtained; and all persons and companies claiming under section 6, as aforesaid, whose applications for gold mining leases shall not have been lodged, as by this section is pre- scribed, within six months from the time of the coming into operation of this Act, shall immediately upon the expiration of such period of six months, absolutely forfeit all right and title to any such gold mining lease, and the right, title, property, interest, and possession
of every such person and company in any portion of waste lands, or in any quartz claim which might have formed the subject of an
application under this section, shall thenceforth be absolutely and entirely barred and extinguished.

1 1. Any person or company may, within the forty-two days men- PergOns compsnies

may oppose applioa-

tioned in section 10, lodge a notice with the Commissioners of the tions,
intention of such pe;son company to oppose the granting of the
gold mining lease forming the subject matter of any such application,
and such notice shall be in the form, and shall set forth the particu-
lars, required in the Second Schedule to this Act.
12. In case no such notice of opposition shall- be lodged as afore- ~~''f~~~,",g","~~~~
said, the said Commissioners shall proceed to inquire whether the opposition entered.
person or company whose application has been-lodged, as herein-
before provided, is entitled to apply for such lease, and whether such
person or company has or have complied with the provisions herein-
before contained; and in case the Commissioners shall find that such
person or company is so entitled, and that such provisions have been
complied with, they shall report such facts to the Government
Resident, and thercupon the person or company so applying shall be

whomsoever and whatsoever to a gold mining lease at the rent, for	entitled to the absolute exclusion of all other persons and companies
the term, upon the terms, and subject to the conditions aud pro- visions in this Act, and the regulations to be made as hereinafter provided of the portion of waste lands or quartz claims delineated and described in the plan accompauying such application, or of such portion thereof as such Commissioners shall report him or them to
be entitled to.

13. There shall be paid to the Commissioners, who shall account Fee. to be taken*
therefor to the Treasurer of the Province, in respect of proceedings before the Commissioners the several fees specified in the Third Schedule to this Act: Provided that the Commissioners may, in any case in which they shall deem it expedient to do so, order that such fees may be remitted, either in whole or in part.

14. The

171e Northern Tmritot-9 G& Mining Act.-1873.
14. The Commissioners shall, from time to time, meet to hear and

Commieeionera to

determine such applications as aforesaid, at such place and at such times

meet at lacea ap-

pointed E y Commia-

as they shall find convenient and necessary, and may from time to time

rioners, and their de-

adjourn such hearings; andethe final determinations of the Commis-

cisione to be pro-

nonnoed publicly.

sioners in every case shall be pronounced publicly with open doors.

Commiaaionere to

nummons persons inta-

16. The Commissioners shall, in every case in which notice of opposition shall have been given as aforesaid, fix a time and place for hearing and determining the application and the opposition, and shall give due notice thereof in writing to the applicant and to the opponent, and also in every such case shall, and in all other cases may, at their discretion, issue summonses in the form contained in the Fourth Schedule to this Act, directed to and requiring all persons having, or appearing to have, any interest in the subject-matter of any such application as aforesaid, and also shall and may issue such summonses to and require any persons therein named to appear before such Commissioners at a day and time to be therein appointed, to give evidence as to all matters and tbings known to any such persons respecting any application brought before them in manner aforesaid, and to produce in evidence all deeds, instruments, or writings, in the possession, custody, or control of any such persons, which they might by law be compelled to give evidence of, or produce in evidence, in any cause in the Supreme Court of the said Province respecting the like matters, in so far as the evidence of such persons and the production of such deeds, instruments, and writings shall be necessary for the due investigation of any applica- tion so depending before the said Com4missioners; and all such evi- dence shall be taken down by the secretary in writing, in the presence of the witnesses respectively giving the same, and shall at the time be signed by them respectively, or in case of their refusing or being unable to sign the same, by the secretary; and all such evidence shall be given on oath, which oath the Commissioners are hereby empowered to administer to every person appearing before

reubd and witneaaea.

them to give evidence; and every person who, after having been

sworn, shall give false evidence, shall be guilty of wilful and corrupt

perjury, and being thereof duly convicted, shall be liable to the pains

and penalties of wilful and corrupt perjury accordingly.

Prooeedings when

default made in

16. If any person or company shall have given notice of opposi- tion as hereinbefore provided, and shall make default in prosecuting such opposition at the time and place appointed, the Commissioners shall deal with such application as provided by section 12, and as if such notice of opposition had not been given.

opposition.

I

Witneaaes not

appear-

ing, or refuaing to	17. Whenever any person who shall have been duly summoned tendered his or her reasonable expenses, and not having any lawful impediment allowed by the Commissioners, shall fail to appear at the time and place specified in such summons, or who, after
give evidence.	as aforesaid to appear and give evidence, and having been paid or
appearing, shall refuse to be sworn or to answer any question, not being a question necessitating a reply admitting the commission of

a

37" VICTORIB, No. 18.

The Northern	Territory Gold Mhing Act.-1873.
- -

PART

11.

a criminal offence by the person so refusing to answer, or to produce any deed, instrument, or writing which he or she may be lawfully required to produce, or who, without leave obtained from the ~ommissioners, shall wilfully withdraw from further examination, then, and in every or any such case, the Commissioners shall cause such default or refusal, or wilful withdrawal to be certified in writing, and thereupon it sllall be lawful for the person at whose instance, or on whose behalf, such summons' as aforesaid was issued, to obtain from any Special Magistrate in the Northern Territory a summons, calling upon such person so making default, refusing, or withdrawing, to appear at the Local Court of Palmerston, at the time specified, summarily to show cause why he or she should not be fined and imprisoned for such default, refusal, or withdrawal;
and if such person, having been duly served with such summons,
shall fail to show cause for his or her said default, refusal, or with- drawal, to the satisfaction of the said Local Court, it shall be lawful for such Court, on proof of the due service of the summons to give evidence, and of the said summons to show cause, and on produc- tion of a copy of the said certificate under the hand of the Cornmis- sioners, to grant a warrant to apprehend the pcrson so failing to show cause, and to commit him or her to prison, there to renlain without bail until he or she shall submit to be sworn or to answer all such questions, or to produce all such deeds, instruments, or writings as aforesaid, in so far as shall be lawfully required of him or her; and further, to set such fine upon such person as the Court shall think meet, not exceeding Twcnty Pounds; and unless the same shall be forthwith paid, to issue its process for levying the amount thereof; and the Court may award to the person at whose instance or on whose behalf the person so fined was summoned, one- half the amount of such fine as and towards the expenses (if any) incurred by such person in so summoning the person so fined.

18. When any application for a gold mining lease as aforesaid shall have been made to the Commissioners, and shall have been

Procoedinge after

oppoeition

entered.

same, they shall pronounce their determination thereon, and shall

opposed as aforesaid, and they shall have heard and investigated the

forthwith report the same to the Government Resident; and the person or company whom they shall determine to be entitled to the subject matter of such application, or to the part thereof to which they shall determine him or them to be entitled, shall be entitled to obtain a lease thereof subject to the provisions of this Act and to the regulations to be made as hereinafter provided; and the estates, titles, claims, and pretensions of all other persons and companies whomsoever and whatsoever thereto shall thenceforth be absolutely barred and extinguished.

19. Whenever any person or company in possession of any auriferous lands or quarts claims, whereon such person or company

certificate of warden, Machinery, &C., on

may be removed by

shall have erected any machinery, engines, materials, or plant, shall

unsuccessful applicant

be declared by the Commissioners to be not entitled to such lands or

or opponent.

daims, such person or company may remove so much of the

machinery,

FAET 11.

machinery, engines, materials, and plant as the warden of the gold district within which such lands or claims may bc situated shall cer- tify can be removed without permanently or seriously injuring the lands or claims aforesaid, or the mines thereon, and such removal shall be made within mch time as such waiden shall allow in that behalf, and the right of any such person or company to any ma- chinery, engines, materials? or plant which shall not be removed within such time as nforesa~d, shall thenceforth be absolutely barred and extinguished.

PrincipIcaupon which

20. The Commissioners, in hearing and determining upon appli- cations as aforesaid, whether opposition shall or shall not have been entered as aforesaid, shall be guided by the real justice, good conscience, and merits of the case, without regard to legal forms and solemnities, and shall direct themselves to the bcst evidence that they can procure, or that is laid before them, whether the same be such evidence as the law would require in similar cases or not; and the fact that any person or company claiming a gold mining lease has not strictly complied with the regulations heretofore from time to time in force respecting the employment of labor or the expenditure

be
of capital upon the land for which any such lease is so claimed, shall
not disentitle such person or company to such a lease thereof, pro-
-
vided the Commissioners shall be satisfied that a bond fide attempt has been made by such person or company to comply with such regulations; and the determination of any two of the said Commis- sioners in any case shall be final, and be deemed to be the deterrnina- tion of the Commissioners.
Attorney, counsel, or

agentmay beheard.	21. Upon the hearing of any such appkation as aforesaid, any person entitled to be hiard	thereon may be heard by his attorney,
or counsel, or agent.

Bscretary to keep

22.

The Commissioners shall cause trheir secretary to keep a register

in the form in the Fifth Schedule to this Act, to which register, and to all applications, notices, and documents relating to thc matters

therein referred to, all persons may at all reasonable times have

access without paying any fee, which register, applications, notices,

and documents shall, so soon as the duties of the Commissioners shall have terminated, be deposited in the office of the Government Resident.

PART

111.

PART

111,-Miners'

rights and mining leases:

Incapacity to sue	23. No person' or company, unless he or they shall be the lessee or lessees under a gold mining lease, shall be entitled to institute proceedings in any Court, or before any warden, to recover possession
without mine*a
of any land occupied pursuant to the provisions of this Act, and of
the regulations to be made thereunder, or of any share in such land, or to recover any damages for or to restrain the occupation of or encroachment upon such land or any part thereof, or to obtain any relief as tenant in common, joint-tenant, co-partner or co-adventurer

in

37" VfCTORIB, No. 18.

The Northern Territory Gold Nining Act-1 873.

in any such lanci, against his tenant in common, joint-tenant, co-

P asr 111.

partner, or CO-adventurer, unless such person or company shall be the holder of a miner's right;, and shall have been such a holder at the time when his alleged title to recovcr such possession or damages, or to obtain such relief first arose or accrued: Provided always, that nothing in this Act contained shall incapacitate any person or company from enjoying or availing himself or themselves of the provisions contained in Part 11. of this Act, notwithstanding such person or company is, or are not, or shall not have been at any time heretofore, the holder or holders of a miner's right.

24. A miner's right as hereinafter defined may he granted by any Miner% right may

warden to any person or company upon payment of Ten Shillings,

be granted.

and such right shall be in the form contained in the Sixth Schedule hereto, and may be renewed from year to year upon-payment of the annual sum of Ten Shillings; and every such miner's right shall expire on the first day of December in each year, but the holder thereof shall be entitled, on payment of the additional sum of Ten Shillings, at any time during the said month of December to renew such miner's right, which renewed miner's right shall relate back in its operation to the date of the expiry of the miner's right of which it is a renewal.

force, entitle the person or company to whom the same is granted to right.

25. Every such miner's right shall, while the same remains in Effect ofminer's

avail himself or themselves of all or any of the provisions of this Act; but without a miner's right no person or company shall be cntitled to avail himself or themselves of any of such provisions, unless he or they shall be the lessee or lessees under a gold mining lease.
26. Any person or company who shall be the holder of any miner's privileges conferred right, subject to the provisions of this Act and to the regulations to by a mineis right.
be made as hereinafter provided, shall be entitled (except as against
Her Majesty)-

I. To take possession for gold mining purposes of a parcel or of so many parcels of waste land as such regulations shall permit, in such manner, of such quantity and dimensions, and with such boundaries as shall be directed by such regu- lations, such dimensions arid boundaries to be fixed at the time of the taking of such possession, or paxtially then and partially at some subsequent time as by such regulations shall be directed; and every such parcel shall be from time to time subject to such adjustment as to quantity, dimensions, boundaries, and form as shall be prescribed by such regula- tions:

1~ And every holder of a miner's right shall, subject as aforesaid, and during such last-mentioned continuance be entitled (but subject to any right which may be obtained by any person
under any lease granted by the Government Resident for the
cutting, construction, and using of races, tailraces, drains,

dams,

The Ndrthern Tm'toq Gold Minirg Act.-1873.
dsms, or reservoirs for gold mining purposes) to cut, con- struct, an6 use races, dams, and reservoirs for mining pur- - - poses through and upon any waste lands:
111. And to take or divert water from any spring, lake, pool, or stream, situate or flowing through or adjoining waste lands, and to use such water for mining for gold and for his own domestic purposes:
IV. And to use by way of an easement any unoccupied waste
lands:
v. And every holder of a miner's right shall, during the con-

tinuance thereof, and subject as aforesaid, be entitled to '

occupy on any gold-field for the purpose of residence so much

of the waste lands as shall be prescribed by such regulations:

VI. And every such holder shall be entitled, for the purposes of
the privileges hereby given to him, to put up and at any time to remove any building or other erection; and also to cut for fuel any live or dead timber, and to remove the same, and to strip and removc the bark from any such timber, and also to remove any stone or gravel for gold mining purposes, and in the case of a holder of a miner's right for the purpose of building for himself any place of residence or of business, or for gold mining purposes or otherwise, for his personal use, from any waste lands, not being waste lands described in any Proclamation of the Governor in Council, declaring that no person shall cut or remove such timber, bark, stone, or gravel therefrorn, nor being or included in any land proclaimed as a reserve for the preservation and growth of

timber:

VII. And also to occupy on any gold-field so much of the waste lands as may be prescribed by any regulations as aforesaid, for the purpose of business, and for such purpose to put up,

and erect, and remove any building:

VIII. And also to make tramways or other roads for the carrying out and in aid of any of the purposes hereinbefore men- tioned:
IX. And the person-or company by whom such parcels of land, or
any land occupied for residence as aforesaid shall be so occupied, shall, subject as aforesaid, and during such con- tinunnqe as aforesaid, be deemed in law to be possessed (except as against Her Majesty only) of such parcels, or of such land, and the property therein:
X. And subject as aforesaid, during such continuance as aforesaid,
all gold then being in and upon any such parcel, shall
(except as against Her Majesty) be the absolute property of the person or persons for the time being in the lawful occu* pation of such parcel:
XI. And

me Northern Territory GoZd &&g

Act..--1873,

XI.

And every such parcel shall be called a 'c Claim."

PART ~ I I.

be

27. The person who shall have taken possession of any claim, or Claims

registered.

the executors or administrators, or the assignee or assignees in insol- vency, or the guardian in infancy, or the committee or guardian in lunacy, or the purchaser under an execution of the interests of such person shall, in such manner as the regulations to be made, as here- inafter provided, shall direct, register such claim: Provided that no claim shall be registered unless the person or company applying so
to register, shall then be the holder or holders of a miner's right,
and shall produce the same to the officer required to register such
claim,

28. Alluvial claims, t

working whereof will necessitate Deep sinking alluvial

claims and quartz

deep sinking, and quart

all be held for one year only by clsime to be held

virtue of a miner's right,

rtheless to the performance ~~d~~~~~,"~~';Pta

and observance of the pro

is Act, and of the regulations

zs&

to be made as hereinaft

ed, and the powers, rights, and W "

>.- A---

5. / G

privileges vested in, and c

the holders of such miners'

rights shall be exercise	oyed in respect of such last-
mentioned alluvial and qu	respectively, for one year only as
aforesaid: Provided that	f any such claim may obtain the
renewal thereof for a fur	of one year, on complying with

the regulations in that b

ade as hereinafter mentioned.

29. Any person or company, being the owner or owners of any ?$;;;~l~;;~,or
alluvial claim necessitating deep sinking, or any quartz claim, as in quartz claims may
for leaeea.

section 28 mentioned, or of arw number of conti~uous

claims not

exceeding four, may,'at any time during the curreGcy of the period during which such claims respectively may be held, apply in writing to the warden of the gold-ficlds wherein such claim is situated, for a gold mining lease of such claim or claims, and notice of such appli- cation shall bp made in the manner provided by the regulations to be made as hereinafter provided.

80. Any person or company may give notice in writing of his or :, " g p m a ~ be

their opposition to the granting of any such lease, in manner pro-
vided by the regulations to be made as hereinafter provided.

31. Every such application, every notice thereof, and every notice Application* noticeh

and

opposition to

of opposition, shall set forth such particulars, be accompanied by ,,f0,
such ..plans, and be in such form as may be prescribed by the tion6b

regulatidns to be made as hereinafter provided.

32. The warden shall appoint a day for hearing every applicant, Hearing of
and the person or company objecting to the applicant's application, cation.
and shall duly notify them of such day, and shall proceed to hear and
determine the same respectively: and if the person or company so
objecting shall not appear, or if the objections shall not, in the
opinion of the said warden, be substantiated, the applicant shall be
duly certified by the warden that he is, or in case such applicant

shall

itory Gold Mining Act.--1873.

PABT

11s.

shall be a company, that they are entitled to a gold mining lease of the land shown in the plan accompanying his o~ their application, or of such portion of such land as such warden shall certify him or them to be entitled to, or such warden may certify that the person or company who had entered opposition is or are entitled to such lease, and such lease shall be granted accordingly, upon the terms, and subject to the provisions of this Act, and to the regulations to be made as hereinafter provided.

Whem no objection

entered, leasa to be

33. I n case no notice of objection shall be given, as hereinbefore

granted of land	provided within the period prescribed by the regulations to be made
applied for.	as hereinafter provided, to any application made pursuant to section
29, the applicant shall be entitled, at the expiration of such period,
to a gold mining lease of the land shown in the plan accompanying the application thereof, upon the terms and subject to the provisions of this Act and the regulations to be made as hereinafter provided, and such lease shall be granted accordingly.
Leasesmaybegranted	34. Leases of portions of waste lands may be granted to any person or company for the purpose of cutting and constructing thereon races, drains, dams, reservoirs, or tramways to be used in con- nexion with gold mining, or for the purpose of crecting thereon any buildings and machinery to be used either for washing, smelting,crush-

m i n i n ~ a e.
ing, or obtaining any gold, or any earth containing any gold, or for
pumping or raising water from any land mined, or intended to be mined upon, for any such gold, or for any or all of those purposes, and also for the purposes of residence in connexion with any of such purposes.

Leaeee to be C B U ~ ~

35. All leases granted pursuant to this Act for the purpose of mining for gold, or for any of the purposes aforesaid connected with such mining shall be called "Gold Mining Leases," and may be executed by the Government Resident of the Northern Territory in the name and on behalf of Her Majesty.

Gold Mining
Lea~e~ ."
Land occupied for

residence or busi-

36. A gold mining lease may be made of any land occupied for

ness may be leaned	the purpose of residence, or under a business licence, if tne person
being paid.
on cornpeneation	applying for the lease shaU make compensation to the person so residing, or to the holder of such business licence, for any building erected, or other improvements made by him, or any person under whom he derives title to such land, the amount of such compensation to be determined in the manner prescribed by the regulations aforesaid.
Quad claim, &C.,

leeees of whioh not

37, If any perion or company holding any alluvial claim, the proper

for i t i n

working whereof will necessitate deep sinking, or any quartz claim as

Year, how dealt with, movided in section 28. shall neglect to a ~ d v

for a lease of the same

11 $

kithin the period d u h g whiEh such clam may be held under

'	section 28, any person or company, other than such first-mentioned person or company, may, at any time within fourteen days after the expiration of such period, make an application for a lease thereof to the warden of the gold-field wherein such claim may be situated, and

thereupon

The Northern Territory Gold Mining Act:--1873.

thereupon shall be entitled to a lease thereof on the same terms as	PAW m.
the person or company who originally took up such claim would have been entitled to: Provided that if there shall be more applica- tions than one received by the said warden within the said period
of fourteen days, the person or company to whom such lease
&all be granted shall be decided by lot: Provided also, that no person who, in the opinion of the warden, shall have applied collusively with or in the interests of the original holder, shall be allowed to participate in the drawing of such lots.

38. If no applications, as provided in the last preceding section, If noap~xc&nt,

original owner may

are received within the said period of fointeen days, the original occupy for further
owners shall be entitled to occupy the said claim for a further period period-
of one year, and so on from year to year, it being competent for any
person or company to make application, as provided in such section,
within fourteen days from the expiration of any year; and all such
applications shall be dealt with in the same manner as applications
made at the expiration of the first year.
39. All claims other than those specified in section 28, may be What claims may be

occupied, possessed, and enjoyed, under a miner's right, and it shall rignt

held under miner's

not be necesfiary to take out a gold mining lease to entitle any per-

son or company to occupy, possess, and enjoy the same,

40. Any warden may cause documents to be issued each of which Bueinesalioenoe to

shall be called a

Business Licence," and which shall be granted to Issue.

any person applying for the same, upon payment of the sums herein- after mentioned that is to say-if such person shall apply for a licence for six months, Two Pounds; or if for twelve months, Four Pounds; and every such document shall be in the form in the Seventh Schedule to this Act, 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 may, subject to the discretion
of such warden, be from time to time renewed upon payment of the

like sums, and every business licence shall contain the Christian	name and surname, and the occupation and residence of the perrJon
in whose favar the same shall be issued.

41. Every business licence shall, subject to the provisions of this OOOUPB~~OU

under

Aat and the regulations to be made as hereinafter provided, entitle the holder thereof, during the continuance of such licence, to occupy on any gold-field, for the purpose of residence and carrying on his business, so much of the waste lands as shall be fixed by the warden issuing such licence, 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 licence, be deemed in law to be possessed (except as against Her Majesty) of the land which he shall occupy by virtue of such licence, and the property in such land shall be deemed a chattel interest;.

42, The

-
The Northern Tewitary Gold Minilily Act.--1873.
-

Paar m.

42. The holder of any such business licence, or of any such transfer the same respectively to any other person; and, provided suoh holder shall, in writing under his hand endorsed on the said licence, and signed by him in the presence of and attested by any warden or Justice of the Peace, transfer such licence to any other person, another business licence shall be granted to the person named

B-ese

lioenoe may business licence as next hereinafter mentioned, shall be entitled to

be tnrsefe~~ed.
in such endorsement upon production and surrender of such licence
and endorsement and upon payment of the sum of Ten Shillings; and every such lastmentioned business licence 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 the licence first endorsed as aforesaid,
and the day when such unexpired period is to end shall be stated in
every such new licence, and shall contain the Christian name and surname and the occupation and residence of the person in whose favor the same shall be issued; and every business licence, together with the right and interest thereunder, shall, on the death or insol- vency of the holder thereof, devolve on his personal representative or assignee in insolvency.

Amalgamation

alaimri.

43. Any number of contiguous claims, not exceeding four, held under miners' rights, and any contiguous parcels of land held under not more than four gold mining leases, may be worked in conjunc- tion as an amalgamated claim, and of such amalgamation the warden of the gold-field wherein the same may be situated, shall give a certificate in the form contained in the Eighth Schedule to this Act, and such amalgamation shall continue for such a period as shall be stated in such certificate.

44. From and after the grant of any such certificate of amalgama-

~ t f e c t

of amnlg--

tion,

tion of claims, and during the period of such amalgamation the labor

to be employed, the capital to be expended upon, and the conditions to be performed and observed with respect to such claims severally,

whether imposed by this Act or by the regulations aforesaid, or by

the respective leases of such claims, shall be deemed for all purposes to have been so employed, expended, performed, or observed, as the

case may be, if the same shall have been employed, expended, per-

formed, or observed upon, or in respect of one only of such amalga- mated claims, or of one only of such parcels of land included in any such lease: Provided always that nothing herein contained shall be construed as waiving or dispensing with the payment of rent

in respect of all amalgamated daims held under lease as aforesaid.

Ground appxed *or

under gold mining

45. Pending the grant or refusal of any application for a gold to mark out as a claim or include within the boundaries of any claim the land, or any part thereof, described in such application, aud no such marking out shall confer any sight or title to the said land; and any person who shall enter upon such land for the purpose of marking out the same, shall be deemed to have trespaased thereon.

lesse protected

mining lease under the provisions of this Act, it shall not be lawful

pnhg applioation*

46, The

370 VVTCTORIB, No. 18.

P61

The Northern Territory Gold Minang Aof-1873.

46. The pendency of any such last-mentioned application shall

begin with the marking out of the land by the applicant and Pendenay of appli-

continue until the applicant make default in proceeding with his ation de"n"d.

application in accordance with the regulationi, or until the same

be granted or refused.

PABT 111.

47.

Nothing hereinbefore contained shall be construed as rendering Not obligatoryto

grant leases.

it obligatory to grant any gold mining lease to any person applying for the same, notwithstanding that he may have complied with the regulations in force and applicable thereto; but in case his application shall be refused he shall bc informed of the reasons for such refusal, and a lease may be granted notwithstanding that the person applying for the same may not in all respects have complied with such regulations.

48. The lessees of any land demised pursuant to this Act may Lessees may sure

render, &a., upon

surrender the same at any time upon payment of all arrears of rent

I terms.

subject nevertheless to any fine or penalties which such lessees may have incurred. And whenever any lessees shall so surrender a lease, the machinery, engines, materials, and plant upon the land demised, or so much thcreof as the warden of the district wherein the same may be situated shall certify in writing, can be removed without permanently or seriously affecting such land, or the mines, dams, races, or reservoirs thereon, may be so removed within such time as such warden shall allow in that behalf; and the right of

such lessees to any machinery, engines, material, or plant which shall
not be removed within such time shall thenceforth be absolutely
barred and extinguished.
49. I t shall be lawful for the Government Resident from time to ~; ~ ~ ~ e B i d e n t,
time to make regulations, not being contrary to the provisions of this

Act-	& S ' '7s; S -

Prescribing the term of years for which any gold mining lease under this Act may be granted, and the rent to bc paid

thereunder: Provided that such term shall not excecd twenty-one years, and that such rent shall not be less than
Ten Shillings per acre:
The quantity and shape of the land to be demised: Provided

that such quantity does not exceed the quantity specified in

the regulations contained in the Ninth Schedule hereto:

The manner in which persons desirous of having such leases granted to them shall mark out the land they apply for:
The mode and time of making and investigating and determining
applications for and objections to the granting of such leases:
The amount of deposit (if any) to be paid by the applicant and objector respectively as a security for the costs connected with such determipation:

The

<-.

The kortherfi Territory Gold Mining Act .4873.

PART m.	The manner of dealing with cases when two or more applications are made for a lease in respect of the same land or reservoir, race, or dam:
The form of such leases under this Act, the covenants and con- ditions ss to, and the amount of, labor to be employed, and the capital to be expended upon the land demised, and other conditions, stipulations, reservations, and exceptions to be inserted in such leases:
The terms and conditions (if any) to be fulfilled with respect to the amalgamation of any of such leases:
The breaches of the covenants, clauses, or conditions of any such lease which shall work a forfeiture thereof:
The nature and effect of any such forfeiture: The manner in which the amount of compensation to be paid by

any lessees under this Act shall be determined:
And generally for carrying out the provisions of this Act in respect to such leases.

And such regulations and the regulations contained in the Ninth Schedule to this Act from time to time to alter, add to, or rescind; and such regulations may be applicable either to the whole of the Northern Territory or to any part thereof, or to any particular description of land or mode of gold mining: Provided that nothing herein contained shall in any manner authorize the making of any alteration, addition to, or recission of any regulation contained in the said Ninth Schedule hereto which shall increase in any manner the quantity of land to be demised as prescribed by any such regu- lation: Provided also that no such alteration, addition, or recission shall, unless it shall be expressly so declared? affect in any manher any right, title, or interest obtained, or liability, or obligation incurred under any regulations existing previous to such alteration, addition, or recission: And provided also, that the regulations in	the said Ninth Schedule shall be the regulations in force under this	section until the same shall be altered, added to, or rescinded, as
hereby provided.

Looal Court may grant

summon8 calling on

50. If the lessee of any gold mining lease shall make default in observance of any conditions or stipulations contained therein, or to which such lease is- subject, the Local Court of Palmerston may, at the instance of the chief warden, grant a summons in the form in the Eighteenth Schedule hereto, calling upon the lessee to show cause, within a time to be by such summons specified, why, upon

leeeee to show cause

payment of the rent reserved thereby, or in the performance and

against forfeiture.

the grounds set out in such summons, the lease therein referred

to should not be declared forfeited; and every such summons

may be served personally, or by leaving the same at the last known place of business or place of abode of the lessee, or by affixing

the same to some conspicuous part of the land demised by such

Iwe.

51. Upon

-

The North-

Temitoy Gold &Fining Act.-- 1873.

51. Upon the hearing of any such summons, the parties, or their

palrnerston in its Full Jurisdiction, and such Court may make such On lemer*

order, and give such directions as to the evidence it will require, as

it may deem meet: Provided always, that the parties called upon

by such summons shall be required to show that the grounds set out

in such summons are unfounded, and to prove that they have com-

plied with the conditions and stipulations contained in or subject to

which such lease was granted, and in default of so doing, they shall

for all purposes be deemed to have forfeited such lease, and the said

counsel, or attorneys, shall be heard, by the Local Court of Onuspro6mditobe award such costs to either party, as the justice of the case may require.

52. The Special Magistrate of the said Local Court may, upon Special Magi8trate

the hearing of any such rule, direct an issue of fact to be tried by a ~!$t r ie	be
Local Court jury, and issues shall be framed by such of the parties as the said Special Magistrate shall direct, and be settled in the same manner as is usual in ordinary actions in the Supreme Court.

53. Upon the finding of the jury the said Local Court in its Full court may give

Jurisdiction shall give judgment on the whole case, and may award of jq,	judgment on finding
such sum as it shall seem meet for costs to either party.

54. So soon as the said Local Court in its Full Jurisdiction shall Effect of judgment.
have given judgment declaring the forfeiture of a gold mining lease, such lease shall be void, and the estate and interest of the lessees and of all persons holding under it shall be extinguished as against Her Majesty, Her heirs, and successors.

55. The said Local Court in its Full Jurisdiction may in its dis- court may impoa~

in "

cretion instead of declaring a forfeiture impose a fine: Provided fine	forfeiture,
always, that the lessee may within fourteen days after the said Local Court shall have imposed such fine elect to allow the lease to be	forfeited; and thereupon the Court shall declare such lease forfeited,	and the same shall be forfeited accordingly; but if any such lessee
shall not so elect he shall be liable to pay the amount of such fine, and payment thereof shall be enforced in the same manner as any other order of the Court for the payment of money may be enforced.

56. In the event of any lessee whose lease may have been declared Any unauthorhedoc*

forfeited, or the assigns at law or in equity aforesaid of any such cupier under agree-

ment which has been

included in such lease, the clerk of the said Local Court shall. on poesessed.

lessee, neglecting or refusing to give up possession of the land r ~ ~ ~ k e d ~ m a ~ b e d ~ -

the application of the hhief warden, issue a warrant, in the for& or to the effect set forth in the Nineteenth Schedule to t h i ~ Act; and every constable or bailiff to whom such wnrrant is directed may forthwith execute the same according to the tenor and exigency thereof, in the same manner as any warrant of possession, or yrit of habere facias possessionem, may now be executed by virtue of any law existing at the present time in the said Province.

57. The

Paar 11%.

57. The jurisdiction of the said Local Court in its Full Jurisdic-

Juriediotioa of Court

tion shall not be taken away or deemed to be ousted by any claim

not ousted by a l h

of right.

of title, question of property, or suggestion of right, whether made

bond. fide or otherwise, which may be raised by the lessee, or his

assigns at law or in equity, at any such hearing as aforesaid, but all matters relevant to and arising out of the summons to be issued as aforesaid shall be heard and finally determined by such Local Court in its Full Jurisdiction,

Lands compriaed in

58. All lands the lease whereof shall have been forfeited in manner aforesaid, shall be offered by some warden by public auction, and shall be sold to the highest bidder who shall become the pur- chaser thereof, and the day of sale shall be notified by a written notice of the same being affixed to some conspicuous part of such land, or in such other manner and at such upset price, as may be fixed by any regulations which may be made i11 manner hereinafter provided in that behalf: Provided always, that the purchaser of

fOdeihd'eruea

offered by auction.

any such land may at any time within thirty days after such day of

sale become the purchaser of and pay, in addition to the purchase, money payable by him, the fair value of any machinery, engines, tools, materials, and plant upon the said land, which the warden of the district wherein the same may be situated, shall certify in writing

can be removed without permanently or seriously injuring the mine,

water race, dam, or reservoir situated thereon: Provided always, that in case such purchaser shall, within such thirty days refuse or neglect so to purchase the machinery, engines, tools, materials, and plant aforesaid, the same may, within such time as the warden of the gold district wherein the same may be situated shall grant for that purpose, be removed by the lessees who have incurred such forfeiture: And provided always, that nothing herein contained shall authorize the sale or removal of any timber used in supporting the shafts,

drives, galleries, or adits of any mine, nor any materials used in the

construction of any water race, darn, or reservoir: And any person or company offending against the last preceding proviso, shall forfeit

not more than One Hundred Pounds nor less than Twenty-five

and pay upon conviction for every such offence, a penalty or sum of

Pounds in addition to the amount of injury occasioned by such

removal.

Purchaser to have

new lease.

59. The purchaser of any lands, the lease whereof shall have been so forfeited as aforesaid, shall, subject to the provisions of this Act and to the regulations to h made as hereinbefore provided, be entitled to a gold mining lease of such lands.

Value of m a o h i n ~

60. The fair value of any machinery, engines, tools, materials, and plant, as in the last preceding section mentioned, shall be fixed by arbitration-one arbitrator to be appointed by the owner of such machinery, engines, tools, materials, and plant, and or?e by the purchaser of the land the lease whereof has been forfeited, and such two arbitrators shall appoint an umpire; and the purchaser of any land, the lease whereof shall haye been so declared forfeited W

aforesaid,

The Nmthern Territory

Mining Act-1873.

aforesaid, and who shall have also purchased the machinery, engines,

PAET 111.

tools, materials, and plant, if any thereon, shall not have the lease pmtection of omer
,
thereof granted to him until he shall have paid the purchase-monev of machinery, &a-
of such machinery, engines, tools, materials and plant.

61, Any warden on being satisfied that alluvial gold, not being alluvial gold the mining for which sl~all

necessitate deep sinking,

working alluvial

purposes pursuant to this Act, may grant special miners' rights

exists in payable quantities on any land leased for gold mining g$:onle*ed

subject to the regulations to be made as hereinafter provided, empowering the holders to exercise and enjoy upcrn the land so leased, subject as aforesaid, the powers and privileges conferred by ordinary miners' rights with respect to land not so leased: Provided that such powers and privileges shall not be exercised and enjoyed upon or in respect of any land within such a distance of any of the workings or machinery upon any land included in any such lease as the warden of the gold district wherein the same may be situated shall determine in each particular case: And provided also, that any such warden may refuse to grant any such licences when, in his opinion, the granting of the same would cause injury or obstruction to 'such workings and machinery.

62.

No regulations framed under

the powers in that behalf given R e ~ l a t i o a be

thereof, shall have any force or efficacy until twenty-one day S after

such regulations, alterations, additions, or recisions shall have been

promulgated in the Northern Territory, in the most public manner

that can be devised by the Government Resident; and every such

regulation, alteration, variation, addition, or recision, shall be laid

before both Houses of Parliament within three months after the

making thereof respectively, if Parliament be then sitting, and if

by this part of this Act, nor any alteration, addition :to, or recision published. then next meeting of Parliament.

PART

IV.--Mining Districts and Boards:

PABT IV.

63. he Government Resident from time to time may erect the districts

C:eation and

of mining

divisions.

whole or any portion of the Northern Territory into a mining district or districts, and divide any such district into any number of divisions, and may give to such districts and each of such divisions some dis- tinguishing name, and may define the limits and boundaries of, and also abolish any such district and divisions, and from time to time may alter and vary such limits and boundaries, and from time to time determine the number of members of the mining board hereinafter mentioned of each district.

64. Within and for every such district as aforesaid there shall be ETzg

l"duti-

a mining board, which shall consist of three members, to be appointed
from time to time by the Governmelit ~es ident; such board shall meet for the dispatch of business at such place or places within the said district as the Government Resident shall appoint.

65. The

The Nbrthem Territory Gold Mining Act.-1873.

Paar m.

65, The chairman of such board shall be elected by, and from among, the members thereof; and every member of such board shall conti&e in office until his successor shall be elected: but, notwith- standing anything hereinbefore contained, it shaIl be lawful for the Government Resident to cancel the appointment of any such member,

Duration of board.
and for any member by writing under his hand to resign his
seat at such board, and the same shall thereupon become vacant from
the time of the receipt of such writing by the chairman of the board;
and such vacancy shall be filled up by the Government Resident.

Mining boma to m 3 e

66.

Every mining board constituted under this Act, notwithstand- ing any vacancy therein, shall have power from time to time, but subject to the provisions of this Act, to make regulations for the district for which it shall have ,been appointed, and to revoke, alter, and amend the same: Provided that such regulations do not affect any right, interest, liability, or obligation existing at the time of the making thereof, and such regulations may he for any of the follow- ing purposes-
regulations.
I. For regulating their own proceedings:

Ir.

For determining what are to be the dimensions and boundaries; and whether to be, at the time of the taking possession or otherwise, completely or partially defined or not; and what the q~antit~y, and form, and the position with respect to any reef, lead or gutter, or otherwise of the land, which, according to the nature of the land or otherwise, may be taken possession of by any person or persons for a claim; and the number of claims which any person, or any two or more persons in con- jimction, may take possession of:

For prescribing the manner in which, and with what rights and obligations any such claim, or any race, drain, dam, or reservoir, cut or constructed, or any water taken or diverted shall be taken possession of, held, used, or enjoyed, and

worked, subject however to any right which may have been obtained under any lease granted under this Act, to cut,

construct, and use races, drains, dams, and reservoirs, and to

take or divert water:

IV. For determining when and whether, before or after, or partly before and partly after such taking of possession, and under and in reference to what circumstances such dimensions, boundaries, quantity, form, and position are to be ascertained, and whether, and under, and in reference to what circum- stances, and how the same, or any of them, are, or is at any time, or from time to time, whether before or after such taking of possession to be altered:
v. For determining the number of men, or the quantity of machinery to be employed on any claim:
VI. For determining whether and under what circumstances the
holders of miners' righb, who shall by virtue thereof use
ang
The Northern Territory Gold Hidng Act.--1873.
-

any water, shall have amongst themselves any priority of	P A ~	.
supply of such water, and if so, how or according to what system such priority is to be regulated, and when the events upon the order of priority, of which any such priority is to depend, shall be deemed to have occurred:

VII. For determining the events on which the title to any land occupied by virtue of a business licence, or the title to any claim, race, drain, dam, reservoir, or easement, or to any share in such claim, race, drain, dam, reservoir, or easement, shall become forfeited, and for imposing any penalty on the happening of any one or more of such events in lieu of any such forfeiture, and for determining what shall constitute exemptions from or suspensions of such forfeiture, and what persons shall be entitled to enforce such forfeiture or penalty, and whether there shall be any order of priority of right in any persons to enforce any such forfeiture or penalty, and if so, what shall be such order:

VIII. For limiting the time within which proceedings for any such forfeiture or penalty must be taken:
IX. For determining whether, and under what circumstances, any person who shall have obtained an adjudication of any such forfeiture shall, as a condition precedent to his obtaining possession of the forfeited land, claim, race, drain, dam, reservoir, or easement, pay to the person as against whom the same shall be adjudged forfeited, any sum as compensation for any property on, or labor or capital expended upon, such land, claim, race, drain, dam, reservoir, or easement, and for determining the mode in which any sun,h sum shall be ascertained:
X. For determining what shall constitute relinquished, aban- doned, or deserted, as distinguished from forfeited claims, races, drains, dams, reservoirs, easements, or land, or any share therein, and by what person lawfully competent

it shall be ascertained whether any particular claim, race,

thereto, and ip what mode, and under what circurnstanccs,

drain, dam, reservoir, easement, oi. land, or any share therein, is relinquished, abandoned, or deserted within the meaning so determined, and whether, and under what circumstances, any person shall be permitted to relinquish without being liable to any consequences as -for the forfeiture of -any land occupied under a business licence, or any race, drain, dam, reservoir, or easement, or share therein:

m.	For determining the extent and form of land and the sites which may be occupied for the purpose of residence, or of residence and business, under this Act:

XII. For determiniug the mode in which any land occupied for residence or business under this Act, or any claim, race,
drain, dam, reservoir, or easement, or any share or interest
therein, which may be transferred or encumbered under this
11 Act,

PAXT

xv.

Act, may be so assigned, or any lien or encumbrance thereon created, and any such lien or encumbrance assigned or dischaiged, the rights and obligations of any assignee, lienee, or encumbrancer of or upon any such land, claim, race, drain, dam, reservoir, or easement, and the order of priority of any two or more such lienees or encumbrancers:

XIII. For providing for the mode of obtaining and effecting the registry of land occupied under this Act for residence or business, or of any claim, race, drain, dam, reservoir, or ease- rnent, or any share or interest therein, or lien or encumbrance thereon, and for the registry of the assignment of any such claim, land, race, drain, dam, reservoir, or easement, or of any share or interest therein, or lien or encumbrance thereon, or of the discharge of any such lien or encumbrance, and for the registries of any of such interests, in the case of the death, insolvency, or lunacy of the owners thereof, or of the sale of any of such interests under the decree, judgment, or order of any Court, or the decision of a warden, and for imposing on such registries such reasonable fees as may be necessary for the purpose of defraying the expenses thereof:
XIV. For enforcing and regulating the drainage of quartz reefs, made, and of lands held under gold mining leases, heretofore or hereafter to be granted, and for imposing such terms and conditions as shall secure the effectual drainage of any reefs or land:
xv. For determining whether, and under what circumstances, and upon what conditions in cases where any water shall, by means of any appliances for raising or lifting water, be drawn from any land held or occupied under the provisions hereof, for the purpose of mining for gold, the owner for the time being of such land, including in that term a mortgagee in possession, shall pay any sum by way of contribution, whether annual or otherwise, towards the expense of such appliances, and of the working thereof, by means of which

such water shall have been so drawn, and for determining

the principle upon which the amount of such contribution is to be ascertained, and generally for carrying out the powers
by this clause conferred:
XVX. For regulating the mode in which the rights and privileges of the owners of claims and of races, drains, dams, reser- voirs, and easements, and of land occupied under this Act for residence or business, may be exercised ox enjoyed; and for limiting, qualifying, or restricting the exercise and enjoy- ment of such rights and privileges, and generally for the protection of such owners in the exercise and enjoyment of the rights, privileges, and interests conferred by this Act:
xiin. For preventing the accumulation, and for effecting the

taking away and depositing in some convenient place of the

sludge,

37" VICTORLl3, No, 18.
The Northern Territory Gold Minitag Act.-45 73.
sludge, tailings, and other waste and refuse matter oozing or flowing from or connected with any land held or occupied under the provisions hereof, and worked by means of pud- dling, quartz-crushing, or other machines, and of the water used in such claims and suffered to run to waste, and for the making of such main and branch channels as shall be neces- sary for the purposes aforesaid, and for preventing the allow- ance of such oozling, flowing, and running to waste from one claim into another with or without any condition for pay- ment of money or otherwise:

XVIII. For the protection from injury a ~ d

destruction, whether

- by design or culpable negligence and from unlawful removal of any machinery, and of races, drains, dams, and reservoirs, and of the water therein, and of pegs, posts, fences, and notices, and of any plant or appliances used for or in con- nexion with mining, and for the protection from obstruction of such races and dams, and of channels, drains, creeks, and rivers used for mining purposes:
XIX. For regulatiiig the mode of construction, and materials,. and

strength of embankments of dams and reservoirs enjoyed or

to be constructed under miners' rights, or leases:

xx. For the constructing and keeping in repair of suitable bridges or other crossings over races, channels, or drains used for gold mining purposes, cut across roads or thoroughfares, or over such races, channels, or drains over which roads or thoroughfares shall be carried, and for making proper approaches to such bridges or crossings, and for determining the width of such bridges, crossings, and approaches:
XXI. For the making and kccping in repair and for regulating the width and formation of private ways and passages used for gold mining purposes over claims or races, or any waste lands used or to be used in connexion with gold mining or business carried on under business licences, and for regulating

and imposing conditions on the right to change the direction

of any such way or passage, and for the protection of the

same from injury or obstruction by the leaving of felled timber or other obstructing, or waste, or injurious matter thereon:

XXII. For determining the distance and enforcing the same at which shafts and other mining workings are to be kept from public and private roads, ways, and passages, and from private land, dwellings, and other buildings:
XXIII. For the prevention of nuisances in and about residences or places of business held under a miner's right or business licence, and for the cleansing and keeping cleansed the same:
xxrv. For securing the baling of water from mines so as to prevent injury from such watex to any mining workings:

xxv. For

18.

T& Nmtlrm Territory Gold Mhing Act.-1873.

PABT

IV.

xxv. For preventing the defiling or wasting of water used for domestic purposes, and for determining whether any or what waterhole, spring, or other depository of water shall be reserved for domestic use, and the mode of such reservation:

XXVT. For declaring how, and for the breach of what regulations

or otherwise, claims held under minershights, whether

quartz, alluvial or otherwise, may be forfeited:

XXVII. For the imposition of such fines, not exceeding Ten Pounds, and the working of such forfeitures as may be

deemed requisite for the due enforcement of any regulations	,
to be made pursuant to this section:

And the regulations contained in the Tenth Schedule to this Act
shall be the regulations in force under this section and the said Mining Boards shall have full power, from time to time, to revoke, alter, or amend as well all or any of the regulations contained in the said Tenth Schedule, as any regulations to be from time to time made by them, under the powers hereinbefore contained.

P*"

PART

V.-Wardens,

their powers and duties:

may

pointed.

67. The Government Resident may appoint, in and for the

Northern Territory, fit and pro er persons to be the chief warden

which they shall be so appointed, have, and exercise the jurisdiction and the wardens of the gold-fie ds, who shall, within the limits for f

hereinafter mentioned: Provided always, that the several persons who, at the time of the commencement of this Act, shall hold the offic'es of chief warden and wardens respectively, shall continue and be chief warden and wardens respectively under this Act, and shall so act, without any fresh appointment or commission.

Wardennot to be in-

terested in mining

68. No warden shall be interested directly or indirectly in any

U, to d - gold mining enterprise carried on in the Northern Territory, or the judicateinanymatter part or district thereof in which such warden shall exercise his

in which he hae

pecuniary interest.	?unctions of warden; and if any warden shall adjudicate on any matter in which he shall have directly or indirectly any pecuniary interest; he shall be guilty of a misdenieanor, and shall, on convic- tion, be liable to fine or imprisonment, or both.
Warden.

Jurisdiction of

69. Every warden shall have jurisdiction-

I.	Concerning any waste lands which any person shall be or claim to be entitled to take possession of or occupy, pursuant to this Act and to any regulations to be made thereunder, and the extent and osition of the same, or wherein or whereon

any person sha 1 be or claim to be entitled to cut, construct, P

or use any race, drain, dam, or reservoir, for gold mining

purposes, and concerning any share or interest therein respectively, and of or in which land, race, drain, dam, or reservoir, any other person shall be or shall claim to be

entitled to be in the occupation or possession, or to be

entitled

87" VICI*ORIB, No. 18.
The Northern Territory Gold Mining Act.-1873.
entitled to search for such metals or minerals, or to cut, construct, or use any such race, drain, dam, or reservoir, or which shall be alleged to have been abandoned or to have been forfeited under some of the regurations to be made as aforesaid, and concerniag the title to, or possession, or enjoyment, or recovery thereof by reason of any such abandonment, forfeiture, or otherwise, and concernCng any
sum claimed in the nature of mesne profits thereof:
11, Concerning any waste lands or shares or interest therein, which the complainant shall claim to be entitled to take possession of or occupy for business, under a business licence, and concerning any trespass or encroachment on any such land:
In. Concerning the right which any person shall have or claim to have to the use and enjoyment or sale of any water to which any party shall claiu to be entitled, and concerning the right which any person shall have or claim to have to any priorlty of water taken, diverted, or used, or clain~ to be taken, diverted, or u ~ e d, under the provisions of this Act, or pursuant to any such regulations as aforesaid, as against any other person claiming the same:
N. Concerning any encroachment or trespass upon any such land, race, drain, dam, or reservoir as aforesaid, and con- cerning the diversion or abstraction of any water possessed or used under or by virtue of this Act or of any regulations
as aforesaid, of which land, race, drain, dam, reservoir, or
water, any person shall be and shall claim to be entitled to be in the occupation, possession, use, or enjoyinent, for mining purposes, and concerning any unlawful interference therewith or injury thereto, whether wilful, or by negligence, or wrongful omission, caus in~ damage thereto, and whereby miuing shall have been h~ndered or dehyed, or any

machinery on any such laud damaged, or the supply of water, which any person shall be lawfully entitled to, slrall be	lessened, and concerning the ui~lawful ouster or exclusion of
any person from any share or interest in any such land, race, drain, dam, reservoir, or water, and concerning the damages and compensation for any such encroachment, trespass, ouster, diversion, abstraction, interference, or injury:

V. Concerning or out of any contract, written or verbal, relating to mining or respecting any such land or water, as afore- said, or m y share or interest therein, and concerning any debt or money due in respect of any snch contract:
VI. Concerning any gold in or to be taken out of any land occu- pied or held as aforesaid, or out of land in which any person shall be entitled to search for gold, and concerning or out of any contract relating to such gold, or to any money due
in respect of the same, or relating to any share or interest
therein:

KK	VII. Concerning

ICTOEtIB, No. 18.
The Northern Territory Gold Mining Act.-1873.

PART

vn. Concerning or out of any contract, respecting the using for

mining purposes of any such land, race, draiu, dam, reser.

voir, or water as aforesaid, or otherwise in relation to gold

mining on waste lands, and concerning any money due in
respect of -any such contract.
vxxr. Concerning or out of any partnership written or verbal, relating to mining in any waste lands, or for or in relation to the searching for any such gold, or concerning or out of' any partnership in any s~xch land, water race, drain, dam, reser- voir, gold, or concerning or out of any contract for or in connexion therewith, or for dissolving in the whole or in part any such partnership, or which may arise between tenants in common or joint tenants in relation to any such land or water or in any share or interest therein:
IX. Concerning disputed or confused boundaries, and fixing the boundaries in dispute, whether there may exist or not, the circumsta~nces required by a Court of Equity to grant a decree for the settlement of boundaries, and for ascertaining such boundaries by such means as shall be found convenient, and deciding about the same, and making and giving all such orders and directions as shall be necessary for the purpose of carrying out such decision:
X. Generally concerning all questions and disputes in relation to
gold mining on waste lands which may arise between persons
and companies holding miners' rights or gold mining leases:
XI. To hear and determine all suits concerniug any waste lands or share or interest therein, which the complainant shall claim to be entitled to take possession of and occupy for residence or business, under a business licence, and of which the defendant is, and claims to be entitled to be, in possession:
XII. And concerning any trespass upon any such land, of which

the complainant is in the occupation or possession, and

claims to be entitled to possess under such licence:

xm. And also to hear a.nd determine all suits which may be brought for the recovery of the amount of any contribution, as ascertained, according to the provisions of any regulation of a mining board, toward the expenses of a n i appliances
for raising or lifting water, or of the working thereof:

$o:;biu;f

And such jurisdiction shall extend not only to cases where the

area pomaa, and ae- litigants shall be the parties originally interested in the causes of

beflnsl-	suit, but also to cases where the title of any of such litigants shall
be derived as assignee or otherwise, from or through any such
parties: Provided always, that where any sum of money shall be claimed to be duc in respect of a debt, or of a contract, or upon partnership account, or as accruing to the complainant from any mining partnership, adventure, or interest, such jurisdiction shall not extend to cases where such sum shall exceed One Hundred Pounds, and in all cases of debt or contract, the decision of the
warden, except as herein provided for, ahall be final. 70. The

37" VICTORIB, No. 18.

l13

The Northern Ibnitory Gold Mining Act.-1878.

-"-,v

7U. The wardens shall severallv have power to give such judg-

PART v.

merits or decisions in all awes &thin the jurisdiction hereby con- Wardana empowerede
ferred upon them, and to make such orders as may be proper or ~ f ~ ~ & ", ", ~ ~ ~
necessary and as the justice of each case may require, and shall also make order..
have power to enforce such judgments, decisions, and orders, in
manner hereinafter provided.

shall have and exercise within the limits of the gold-field or gold- Peace.

71. Every warden, so long as he shall continue to hold his office, ~~2~ft~~$~$~f

fields of which he m q be appointed warden, ig addition to the	powers and authorities hereby conferred upon him, the same powers
and authorities as a Justice of the Peace,

Wardem may hear

72. Any warden may hear and determine any case brought before ,,,,

him with or without written ~leadings,

and he shall enter the par- witten pleadings.

ticulars of every decision in every case in the record book herein-
after mentioned.

73. The mode of

proceeding in any complaint before the warden

M o d e ~ f

proceeding

' before warden.
where there shall be written pleadings, and in every other case where the warden shall so dirkt. shalr be as follows he person complaining shall lodge a plaint note with the warden, in the form in the Eleventh Schedule to this Act, specifying therein shortly the subject matter of the complaint, and the relief sought to be obtained; and upon receipt of such plaint note the warden with whom the
same is lodged shall give notice in the form in the Twelfth Schedule
to this Act, to the party complained against of the nature of the relief sought, and the time and place at which the same will be heard and determined; and at the time and place appointed the parties shall attend eittcr in person, or by attorney or counsel, and may call evidence on oath, which oath the warden is hereby authorized
to administer, and the warden, having heard the evidence, shall give
his dccision: Provided that the warden shall have power to adjourn the hearing of such complaint to any other time or place, and may,

absence of either party.

either at the original hearing, or at any adjournment, proceed in the

74. On or before the day appointed by the warden in the notice livered.

An8wertobede-

in the last preceding section mentioned, when the pleadings are in writing, the defendant may deliver to the plaintiff and the warden an answer in writing to the said plaint, entitled in the suit, and bearing the number thereof, in separate paragraphs, answering the statements in such plaint, denying, admitting, or qualifying them; and by such answer the defendant shall also set forth the matters of fact, or grounds upon which he intends to rest his defence, and he may thereby insist upon several distinct defences, and may also thereby make a case for, and claim any cross relief which, in con- nexion with the matters stated by the plaint, he could have obtained by a proceeding instituted by himself.

75. In hearing a ~ d

determining any case brought before them warden to be juas@

of facts aa well as of

pursuant law.

Prnr v.

pursuant to this Act, the wardens shall determine all questions of

fact as well as of law.

Decbion need not be

in Writing.

76. I t shall not be necessary that any order or decision made

by the warden shall be formally drawn up, but the entry of the
same in the record book, which he is hereby required to keep for the purpose, in the form contained in the Thirteenth Schedule to this Act, shall be sufficient evidence of the making of any such order, and of the terms thereof, an4 either party to a suit shall be at liberty to obtain a copy of such record on payment to the warden of a fee of Two Shillings and Sixpence.

39. Any warden may, on payment to him of a fee of one pound, grant to any
person applying for the same a business licence which shall be in force for three
from the date thereof, and which shall authorize the holder to occupy, for the
purpose of carrying on business thereon, an area not exceeding one quarter of an
acre, to be approved by the warden.
40. The holder of any business site shall define the same by erecting a substantial
at each corner thereof immediately on taking possession, and shall keep such
posts erected during his occupation thereof.
41. Any holder of a miner's right shall be entitled to occupy for the purpose of an area not exceeding a quarter of an acre, to be approved by the warden.
42. Every holder of a business or residence site fronting a street or thoroughfare shall keep the same in such a state of cleanliness so as not to become a nuisance to his neighbours or the public; and shall make and maintain the necessary drains, md keep them clear and free from all obstructions.
43. Any area of land held for residence or under a business licence, which shall have been unoccupied for a period of one month may be forfeited, and any person being the holder of a miner's right, or a business licence and miner's right, as the case may be, who shall have obtained from some warden an order, giving him possession of such residence or business area, shall be entitled to $register himself aa owner thereof, and upon production to the warden of the miner's right, or business licence and miner's right, as the case may be, and the order aforesaid, he shall register such person accordingly forthwith: Provided always, that it shall be com- petent for the warden before whom application is made for possession of such residence or business area, to inflict in lieu of forfeiture a penalty not exceeding Five Pounds.
MACHINERY, .&C.
44. A n y holder of a miner's right shall be entitled to hold and occupy an area of on which to erect, for the extraction of gold, machinery. a sludge dam, and a dam for the storage of water (not being water unlawfully diverted from the usual course of a running stream).
I. All applications for dams, machinery sites, and puddling claims, must be made in writ.ing to the warden, notice of which application must be exhibited by the applicants for seven clear days on the ground applied for, after which, should no valid objection be made by any person, the same shall be registered by the warden, according to the form following, respec- tively, as the case may require :-

No.

Certified that I have this day duly registered

for a

site, oonsisting of

aituated at

, Warden.

No.

18 .

Certified that I have this day duly regietered

for a puddling claim, situated

, Warden.

11. The area for the site of machinery for quartz crushing shall not exceed four

acres.

111, Fuddling claims of thirty yards by thirty yards for each miner may be granted in old ground;

no party to exceed four miners.

IT. Cessation of occupation of dams, machinery sites, or puddling claims for four

consecutive weeks shall be deemed a forfeiture of the right by these

regulations granted thereto.

v. Except by permission of the warden, the embankments of all dams having
a storage capacity of more than five hundred thousand gallons, constructed
for the purpose of storing water, shall be formed of earth, with or without a facing of other material, and shall be of the following dimensions, and according to the following scale, viz. :-The base of the embankment shall be four feet wide in addition to five feet for every foot it is in height. The front of the embankment shall have a slope not less than three feet for every foot it is in height, and the back shall have a slope of not less thari two feet for every foot in height. The top of the embankment when finished shall not be less than four feet in width. There shall also be a by-wash formed at least four feet below the level of the top of the embankment, which shall not be less than eight feet wide; and if the storage capacity of the reservoir exceed one million gallons, then the width of the by-wash

shall not be less than twelve feet.

TBANIFERS,

Q8
45. All transfers of chime must be made in the following form, and no transferree
of any claim shall be entitled to hold such claim for a longer period than the term
of which the miner's right by virtue whereof such claim is held was granted, unless

he shall obtain a fresh miner's right,

and again register such claim; and no transfer

shall be valid unlesu in the said form and until the same is registered with the
warden.

do hereby transfer to

situated

for and in consideration of

and

subject to all the conditions under which it has hitherto been held ; and I,

,	do hereby accept the eame, subject to all the conditions aforesaid.

Traneferor-

Witnesa-

Transferee-

46. The transferree under every transfer shall without delay, register the same with
the Warden according to the following form.
No.

Certified that I have this day duly registered transfer from

Y of

9 of

claim situated at

Dated

, Warden.

WATER-RIORTS.

47. The word "race"

shall mean an artificial channel for conveying water.

The word

tail race" shall mean a race or channel for the purpose of draining

any claim or claims, or for carrying off the water used for sluicing, puddling,

or other mining purposes.

The word c6darn'y or c'reservoir" shall mean a place where water is stored or retained by artificial embankments.
Every such race, tail race, dam, or reservoir shall be a claim within the meaning of
these regulations.

And the words "

right " or " water right"

shall mean the privilege of diverting

and using water from any creek or river.
48. Any person desirous of securing water for mining purposes from any creek, river, or other sources which may bc lawfully diverted by constructing a race or watercourse, may, by virtue of his miner's right, construct such water-race for such purpose, subject to the conditions hereinafter provided, viz,-
The applicant shall post up and maintain for a period of fourteen consecutive days, on some conspicuous part of the place to which i t is intended to direct the water, a written notice in the following form:
I [or we] hereby give notice that, after the expiration of fourteen days, I [or we] will
apply for the registration of [stale what] to the Warden of this District ; and such [racej it

h proposed, shall commence at

and terminate at

Dated the	day of	. l 8	.
Signatures-

-Gold

District.

Addresses-

and shall also post up a copy of said notice at the office of the warden of the district in which said race will terminate. The applicant shall further mark

out the course of proposed race, with substantial pegs, standing at least three

feet above,the surface of the ground, ~ituated

at about forty yards apart through

its entire length. After the lapse of fourteen clear days from the date of post- ing said notice, the applicant shall (if no objections to the construction of said race have been lodged within that time), register said race with the warden in

a book to be kept for that purpose, in the following form :-

-District.

Beg. No.

I hereby certify that I have this day regietered the undermentioned for a water-right, as
described below. and that the said party are now duly in possession of the same, together with

the cla*

or claims held in connexion therewith :-

Extent and precise situation

N~~~~ of ~ ~ ~ l i ~ ~ ~ t ~.

Point of oommencement Point of terminationof

of claim held in connexion

of race.

race.

therewith.

-----P - 7 -

- _ I

Dated

18.

, Warden. i

whereupon a licensed surveyor will, at the expense of the applicant, make a
surrey
The Northem Territory Gohi Mining Act.-18'73.
aurvey of the ground so marked out, and a plan of the same, and on making such plan he shall connect the same with some previously surveyed claim or trigonometrical point, so as to secure its identity; and such plan shall be delivered by the applicant to the warden within days after lodging

his said application.

- -

49. Any person objecting to the construction and registration of such race, dam, or
shall lodge such objection in writing with the warden, stating the grounds
of the objection, and the name of the person so objecting, and any such objection shall
be made within fourteen days from the posting of the said notice at the warden's
office; a copy of the objection shall also be lodged with the applicant at his address,
and all applications and objections shall be heard and determined by the warden
after notice to all persons as provided by Regulation No. 25.
50. All races or water rights shall have placed, as hereinafter described, a box for the purpose of gauging or measuring the quantity of water flowing through such race or watercourse, such gauge-box shall be six feet long, twelve inches wide, and six inches in depth in the inner measurement, with an opening of an uniform depth of three inches across the bottom. The box shall be fixed level with the race, the lower edge of which race shall be level with the lower edge of the box for a distance of not less than twel-ve feet immediately above i t; and in races running more than one sluice-head of water, the box shall be increased in width twelve inches for every additional head of water the race may be permitted to carry. The gauge-box shall be placed immediately below the place where the race receives its last supply, and the quantity of water flowing through such aperture above-described, shall for the purposes of this regulation be considered a sluice-head.
51. The quantity of water or number of sluice heads for any race or watercourse shall be in proportion to the number of miners forming the party or company con- structing or being in possession of any race, that is to say in proportion to the number of miners duly registered for such race, and shall be determined by the following scale, viz, :-
l or 2 miners ...................................... 1 sluice head.

.. .. .. .. .. .. .. .. .. .. .. .. .. .. 2

.. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

3 "

But in n6 case shall any party be registered for more than three sluice heads of water.

52, The right to any water shall take ~recedence

according to the date of registra-

tion; and if at any timc the water shall become in~ufficient to supply all the races cut from the same river, creek, or stream, the party or company being last registered shall cease to enjoy such right during such deficiency of water as against any antecedent right.
53. Any person occupying a race for the conveyance of water for mining pur- poses shall be entitled to a width of ten feet on each side of such race, measuring from the centre thereof: Provided always, that where the depth of a cutting exceeds twelve fcet, or when a tunnel is required, the width shall be twenty feet on each side of such race, measuring from the centre thereof.

54. Any person shall be entitled to cut or construct any race, tail-race, or drain for mining purposes, through any claim or claims held by any other person, or under, over, or across any other race, tail-race, or drain: Provided always, that such first-mentioned race, tail-race, or drain, be cut, constructed, timbered, framed, and formed in such a manner as not to injure the claim, race, tail-race, or drain, through or across which it may be cut or constructed.

55. Any person may extend his race or watercourse beyond the point for which he was originally registered, or make any alteration or deviation therein, in accordance with the provisions of this regulation: Provided that no such extension or alteration shall interfere with any registered right obtained by any other person prior to the application for said alteration or extension.
56. In all river beds or main creeks from which water is diverted for mining pur- poses, there shall be left running at least one sluice-head of water for general use, and in all tributary creeks from which water is diverted for mining purposes, there shall be left m i n g in its natural channel a quantity of water not less than half a sluice- head.
57. No miner shall shift the head or heads of his water race so as to prejudice

the right of any person to diminish the supply of water to which such last-mentioned

person may be entitled,

58. All mining claims for sluicing purposes may be held unworked for any time

during which there may be an insufficient supply of water if registered with the

warden

' 8'7" VICmRIif4, No. 18.

l'he	Northem' Territory Gold M g n i v Act-1873.

warden who shall on registering the same give a certificate of such registration
in the following form :-
diining Bistrict

Exemption

If re nired on

How long Worked

specis?grounaa,

- a i

required for

eince last Exemption.

* B g

how long from

such a4 flooding

5 %

dateof

state them.

stopping work.

I certify that the above particdam are correct.
Signature of holder.
Dated at

day of

Received the above memorial thia

day of

l 8

and I certify

that the within-named parties are exempted from working the within-named cl&

until the

day of
Warden.
a notice of which shall be kept posted on the claim during such exemption.
59. Any miner who may be desirous of constructing a dam or reservoir for gold washing purposes, other than in connexion with a puddling machine, may construct such dam or reservoir for such purpose, and he shall be deemed to possess an exclusive right to all water therein collected and conserved.
60. Such dam or reservoir may be constructed and held for the due and efficient

working of any claim occupied in new workings, or in any partially worked or aban-

doned ground: Provided-

That the intended site of such dam or reservoir shall be marked out at each angle with pegs or posts not less than three inches in diameter and standing at least three feet from the surface of the ground:

That the applicant shall post up at the warden's office, and shall also post up and maintain for a period of seven consecutive days on some conspicuous place

within the intended site of such dam or reservoir, a notice in the following

form :-

District.
I [or we] hereby give notice, that it is my [or our] intention to oonstruct and regiriter a dam (reeer-
voir) on the site marked by me [or us1 in (Gully), and that any person objecting to
the iesue of the said registration must lodge his objection, in writing, with the warden of tbs district,
and with me [or US] within seven day8 from this date.

Dated this

day of

18 .

That no such dam or reservoir shall be constructed within one hundred yards of the nearest water right (without the written consent of the owner of such water privilege), such distance to be computed from the nearest peg of such water privilege to the nearest peg of the proposed site:

l Names and addreaaea of applicants.

That upon the expiration of seven clear days after posting said notice, the applicant
shal
The Northern Territory Gold Mining Act.--1 873,
shall register said dam or reservoir with the warden, in a book to be kept for
that purpose in the following form :-
Mining District.
Registered No.
I hereby certify that I have this day registered [names and addresses] for a dam

,	the particulars of which are hereunder stated; and that the said [nwmes]
now duly in possession of the same.

I

Dated	18
Warden,

District.

Which registration shall be deemed conclusive evidence of legal possession.
Provided that such dam or reservoir shall in no way injure or inkrfire with any pre-existing water privilege, and shall be substantially constructed to the prescribed height, and shall not exceed one-half of an acre in area:
Provided also, any miner who may have become legally entitled to construct a dam or reservoir under this regulation, shall construct the same within three months from the date of registration, under a penalty of forfeiting his right to occupy such dam or reservoir.
61. Any person objecting to the construction and registration of such lastly herein- before mentioned dam or reservoir, shall, within seven days from the date of the notice as described, lodge in writing with the warden, and with the applicant at the address stated in such notice, a notice objecting to such registration, and stating the grounds of his objections; and all such applications and objections shall be heard and determined bv the warden.
62. Any perso; being registered as the owner of a race, dam, reservoir, or water right may apply for and obtain a lease thereof in manner hereinbefore provided by the Ninth Schedule, and subjeet to such special conditions as the Government Resident may impose.
FORFEITURE.
63. The warden may, at any Warden's Court, forfeit and declare forfeited any
claims which shall not have been continuously worked as prescribed by the regula-
tions for the time being in force in the Northern Territory, unless work upon such
claims shall have been suspended by the warden in manner from time to time
prescribed by the regulations in force in thc Northern Territory.
64. Alluvial shallow sinking claims may be forfeited by the warden of the gold- fields, wherein the same may be situated, if the samc be not regularly worked, and if one man be not constantly employed on every such claim within twelve hours after taking possession thereof: Provided that the warden may, upon the first application to forfeit the same in licu of ordering a forfeiture, inflict a fine of not excocding fifty pounds.
65. When the owner of any claim forfeits his title thereto, or to any part thereof, through the nonfulfilment of any of the provisions of the regulations contained in this Schedule, his subsequent fulfilment thereof shall redeem his title to such claim, or any portion thereof, which may have become so forfeited, if no proceedings have been commenced during the existence of the cause of forfeiture by any other person to obtain possession of such claim, or portion Lhereof.
66. No person shall forfeit his claim or his interest therein if employed away from the claim at any necessary work in connexion therewith, or if his abeence be caused through attendance at a Court of Justice or Warden's Court, through rain or floods, causing a general cessation of work in the locality whcrc such rain falls or floods occur, for polling for Members of Parliament, or on any public holidays.
67. No miner holding a claim, or portion thereof,, or share or interest therein, who

employs

employs h i e d labor to work the same, shall be deemed to have forfeited or abandoned his right, title, or interest in the same through any neglect, absence, or omission on the part of any workmen thereon employed by him: Provided such neglect, absence, or omission shall be without the knowledge of the owner; and further, no claim or portion of a claim shall be declared forfeited or be deemed to be abandoned where the same is hond j d e worked by the number of miners required by these regulations on tribute, that is to say-where a portion of the gross or net proceeds of the claim, as the case may be, is agreed upon to be returned by the tributor or tributors to the owner or owners of the claim', by way of tribute, rent or royalty. And the owner or owners of such claim shall be deemed to be working the same in a bond j d e manner, as much as if they employed hired workmen for that purpose, and shall enjoy all the rights, privileges, and exemptions contained in the regulations now in force: Pro- vided always, that if, after seven days' notice in writing of such neglect, absence, or omksion being given to such miner, either personally or by leaving the same at his last known place of residence, or in the event of the owner or owners being absent and not to be found, and such notice having been advertised in one or more news- papers circulating in the locality in which the claim is situated, such neglect, absence, or omission be continued, such miner shall be deemed to have abandoned his claim, or portion of claim, or share, or interest therein, as the case may be.

PENALTIES.
68. In addition to any penalty or forfeiture imposed by the Act for any breach of
any of the foregoing regulations, every such breach shall render the oflender liable to
a penalty of not more than Twenty Pounds, at the discretion of the warden.
FEES.
69. The following fees shall be charged in respect of the matters hereinafter ~pecified:

f, 8.

For registration of claim

......................

...

............

.. 0 1 0

amalgamation

................................

0 1 0

suspension

.... .......... 0 1 0

........................

dams and machinery sites (per annum) ............ 2

pudding claims

1 0

................................

6 1

business site (per annab) ........................

1 0

K G

residence site

... 0 1 0

............................
Transfers (each). ............................................ 0 2 6

Registration thereof	....................,...........	..	.......	0 1 0
THE ELEVENTH SCHEDULE.

On' the

day of

A.B. of

[$more than one plainttymention them all with their

places of abode so far as known) the plaintiff by C.D.

his attorney [or in person] sues

E.F. of

[ifmore than one dsfkndaat mevtion them all

with their places of abode so far as known] and says-
1, That, &c.

That, &c.

[Set forth tire subject-matter of

the plaintzy's case in paragraphs and then conclude as

follows J
The plaintiff therefore prays [setting forth the relief sought] or such other or further relief as shall be just.
NOTE,-The amount sought to be recovered so far ae the demand is pecuniary

pounds.

T H E TWELFTH

SCH~DULE.

Plaint No, '

To [insert names of

all the defsndants], of

You are hereby summoned to appear before me, or some other warden, at

, on the

day of

next, at

o'clock in

the of the same day precisely, to answer the complaint of A.B. of [insert nams ofail theplaintz@s], by which complaint he seeks [here iasert nature of relit$ aowght].
y o u m y have a summons to corcpel the attendance of any witness, or for the production of any books or documents, by applying a t my office.
Brhg this summons with you when you come to my office.

Gliven under my hand this

day of

C.D., Warden.
THE

37. PIICTORIB, NO.

18. ,

141

The Northern Tm'tury Gold Mining Act.-1873.

THI

THE FOURTEENTH SCHEDULE.

PLAINT

NO..

To
You are hereby required to attend before me, or some other warden, at

the

d a ~

at the hour of

of the clock in the

noon, to give evidence in a cause wherein

plaintiff, and

defendant, and to continue in attendance until such cause is disposed of, and there to have and produce and all other books, papers, and writings, and other documents relating to the said action which may be in your custody, possession, or power. I n default of your attendance you will be liable to a penalty of Twenty Pounds.

Dated this

day of

18'7

Warden,

THE FIFTEENTH SCHEDULE.

PLAMT NO.

To the Bailiff of the Local Court of

, and to all peace officers and constables.

These are to command you to seize and take the goods, chattels, personal money,
bank notes, cheques, bills of exchange, promissory notes, bonds, specialities, or secu-
rities or security for money belonging to O.B. (except the wearing apparel and bedding of himself or his family and the implements of his trade to the value of Ten Pounds, which are to that extent protected from such seizure); and if within the space of twenty-four hours next after such seizure the said O.B. shall not pay to you the Bum of which A.T. lately before C.D., a warden, recovered against him and also for this warrant, together with the costs and charges of such seizure and of keeping possession, you must retain t,he said money and bank notes for the purpose of satisfying the said several sums, and the said costs and charges; but if the said several sums, costs, and charges shall not be thereby satisfied, you must forth- with sell the said goods and chattels (except as aforesaid), for the purpose of levying and raising the same, together with the expenses of such sale; and if the said sums, costs, charges, and expenses shall not be thereby levied and raised,, you shall hold the said cheques, bills of exchange, promissory notes, bonds, specialities, and securi- ties, as a security or securities for the $aid sums, costs, charges, and expenses, or so much thereof as shall not have been otherwise levied or raised for the benefit of the said A.T.

Qiven under my hand this

day of

CB., Warden.

THE SIXTEENTH SCHEDULE.

PLAINT

NO,

r o A.B., of

decree or order has been disobeyed] and you a person named in such order and

order that [state the thing decreed or ordered to be done, and in what respects the Whereas E.F., Esquire, a warden, did on the day of , 187 ,

intended to be bound thereby, have disobeyed thc same and the same now remains

disobeyed.

These are therefore to require you to appear personally before the said warden

for any other warden) at

on the

day of

, at '

o'clock in the

noon, to show cause why you should not be committed to prison

for disobedience of such decree or order.

Giveh under my hand this

day of

(L.$.)

E.F., Warden.

THE SEVENTEENTH SCHEDULE.

PLAINT

NO.

To the bailiff of the Local Court of

to all peace officers and constables,

and to the keeper of the gaol at
Them are to command you the said bailiff, peace officers, and constables, to take
and to convey him to the said gaol, and to deliver him to the said
keeper
34TICTORIB, No. 18.
The Northern Territory Gold Mining Act. -1873.
keeper thereof, and you the said keeper are hereby required to receive the said
into your custody in the said gaol, and him there safely to keep
until I the undersigned warden, or a Judge of the Supreme Court in the Northern
Territory shall otherwise order, or until the said shall be otherwise
discharged in due course.

Given under my hand this

day of

, 18

Warden.

THE EIGHTEENTH SCHEDULE.

2%	the Local Court of Palwterston,

Pub? Jurisdiction.
Between A.B., Chief Warden, plaintiff, and CB., defendant,

You are hereby summoned to appear at the Local Court of Palmerston of Full Jurisdiction, to be holden at

on the

day of

187

a t	of the clock in the forenoon, to show cause why the Gold Mining Lease

granted to you of

situated at

ehould not be forfeited, on

the grounds that [here set out causes of forfeiture]. And take notice that in default of your appearance the said Lease may be forfeited, and your estate and interest therein, and the estate and interest of all persons therein holding under you, will thereupon be absolutely estinguished.

Dated

day of

187

(Seal of Court.)

Clerk of Court.

To C.D., of
THE NINETEENTH SCHEDULE.
South Australia,

to wit.

1~1	the Lwal Court of Pctlmerslon.

Between A.B., Chief Warden, plaintiff, and C.D., defendant.

the Bailiff of

and all constables and peace

officers. Whereas it has been made to appear to the Court, and the Court has adjudged that the gold mining lease of at granted to the said C.D. is furfeited, and by force of The Northern Territory Gold Mining Act" the said C.D. and all persons claiming under him is and are now in the unauthorized and illegal

occupation of Lhere state descrlplion of

lands demised]

These arc, therefore, to require you the said and all peace officers and constables, to deliver peaceable and quiet possession of the said land and premises to the said complainant, and eject the said C.D., and all other persons, therefrom, and for so doing this shall be your sufficient warrant.

Given under my hand and the seal of the said Local Court this

day

of,

, at

in the Province aforesaid.

(Seal of Court.)

Clerk of Court.

-

'.hide: By authority, W.

C. Cox, Government