It shall be lawful for the Governor from time to time by Proclamation in the General Government Gazette to constitute and appoint any district to be a Gold Mining District under this Act to assign boundaries to such district to enlarge contract or otherwise alter such boundaries and to declare by what local name every such district shall be designated.

It shall be lawful for the Governor in the Proclamation by which a Gold Mining District may be constituted under this Act and from time to time by Proclamation subsequently issued either by general or particular description to exempt from occupation for mining purposes or for machine sites or for business or for residence any land within the boundaries of any Gold Mining District and from time to time any such exemption to revoke and the limits and extent of the land therein comprised to alter as he may think fit.

The Governor may also if he think fit by Proclamation from time to time abolish any such district and thereupon the same shall cease to be a Gold Mining District under this Act Provided that all rights titles and interests existing at the time of any such abolition shall be unaffected thereby and shall remain exist and continue as though such abolition had not been proclaimed.

Subject to the provisions hereinafter contained and to such regulations as may be made as hereinafter provided all Crown lands within any such district not exempted from occupation as aforesaid shall be free and open to all persons for exploration and occupation.

Any person desiring the exclusive occupation of land for mining purposes within any district shall mark out the same by causing to be erected at every angle thereof a post having thereupon some distinguishing mark not less than three inches square or three inches in diameter and standing not less than two feet above the surface of the ground and any piece of land so marked out shall be called a claim Provided that when an angle cannot be so marked on account of the nature of the ground the post may be placed at the nearest practicable point.

A claim may be of any form provided that it shall not exceed in length twice its breadth but unoccupied land of irregular shape that may be situate between two or more claims or licensed holdings may be taken up irrespective of length or breadth.

When a claim is so marked out the owner thereof shall except as against any person who may then be in lawful occupation of the same he entitled to keep possession thereof for gold mining purposes for so long not exceeding twenty-one years as he shall continue to employ thereon for such purposes at least one man for every fifteen thousand square feet of land comprised in the claim Provided that such owner shall not be required to employ any men on his claim until the expiration of ten days after the claim has been marked off and if during such ten days he shall make application for a license as next herein provided he shall not be required to employ any men thereon until such application has been disposed of by the Warden.

Proceedings to enforce forfeiture of claims may be taken by the Inspector and the provisions hereinafter contained in respect of forfeiture of land held under license shall be followed in respect of claims so far as the same can be conveniently applied.

The owner of any claim desiring to obtain a license under this Act shall lodge an application for the same together with a plan of the land applied for at the Warden’s office where every such application shall be recorded in the order in which it is received in a book to be kept for that purpose together with the day and hour of the receipt thereof.

The applicant shall at the same time deposit with the Receiver of Revenue a sum after the rate of one pound sterling for every fifteen thousand square feet of land comprised in the application to be dealt with as hereinafter provided and a further sum of five pounds in respect of each application the balance of which after deducting the expense to be incurred in advertising and otherwise will be returned to the applicant.

The Warden shall give ten clear days’ notice of the application by advertisement in one or more newspapers published in the district and shall therein name a day on which the application will be granted if no valid objection be in the meantime made such day not being less than thirty or more than sixty days after the day on which the application is lodged.

All objections shall be made in writing stating the grounds of objection and shall be lodged at the Warden’s office not less than seven clear days before the day appointed for hearing.

If any objection be made the Warden shall appoint a day for hearing the applicant and the objector.

If there be no objection or if no objection made be substantiated the Warden shall grant to the applicant or to a person appointed by him a license in the form set forth in the First Schedule to this Act.

Subject to the provisions of clause one hundred and eleven of this Act such license shall give to the licensee for so long a time not exceeding twenty-one years as he shall continue to fulfil the conditions of the license an indefeasible right to all gold within the boundaries of the land therein comprised and an indefeasible and exclusive right to dig and mine for gold therein and thereon and dispose of the same to erect machinery on such land and to construct works connected therewith and to do all lawful acts incident or conducive to the carrying out of those objects.

Applications and objections thereto shall be made and notice given in such form and manner as shall be prescribed in that behalf by regulations to be made under this Act and if no such regulations be made and in operation then in such form and manner as the Warden shall from time to time require.

No claim or licensed holding taken up and held under this Act shall exceed thirty acres.

Subject to any regulations to be made in that behalf permission to hold a claim or licensed holding without Working the same may be granted by the Warden for such time as may be shown to be reasonable having due regard to the grounds on which such permission is applied for and all the circumstances of the case Provided that if such permission be obtained by false representation it may be cancelled by the Warden.

If the owner of any claim or licensed holding shall fail to maintain the posts as hereinbefore required he shall forfeit and pay for every such omission any sum not exceeding ten pounds.

And if posts are not so maintained and any person shall commence to work or mine on any land held as a claim or under license he shall not be liable to damages Provided that he cease to work and mine as soon as the posts are replaced and notice given to him not to trespass and in such case he shall be entitled to recover from the owner of the claim or licensed holding the value to such owner of the work done by suit in the Warden’s Court.

The surface of any land upon which any house or other building shall be lawfully standing and in actual use or occupation or which shall be lawfully and bonâ fide used as a yard garden orchard cultivated field water race dam or reservoir shall not be taken possession of or interfered with by owner of any claim or licensed holding without first obtaining an order from the Warden’s Court authorizing the same and such order shall not be granted unless it be first proved to the satisfaction of the Court that the land is bonâ fide required for mining purposes and that the compensation to be fixed as hereinafter provided has been paid.

Such compensation shall be granted for improvements only and not in respect of the value of the land and the amount thereof shall be ascertained and fixed by arbitration Provided that the parties can agree on the terms of such arbitration and if not said compensation shall be fixed by a suit in the ordinary form in the District Court or other Court of competent jurisdiction The cost of such ascertaining and fixing shall be in the discretion of the arbitrators or Court as the case may be.

Every person lawfully occupying the surface of land held under this Act for mining purposes whose property shall be damaged by mining operations carried on thereunder shall be entitled to recover compensation for such damage.

The conditions upon which every license shall be held are as follows:—

That the licensee pay to the Warden every year during which he shall occupy the land comprised in the license a rent after the rate of one pound sterling for every fifteen thousand square feet of land comprised in the license.

That the first payment is due on the day on which the application is lodged with the Warden and every subsequent payment on the same day in every subsequent year.

That the licensee shall carry on mining operations in an efficient and workmanlike manner and shall employ in such operations after the rate of one man at least being an able and competent workman or miner for every fifteen thousand square feet of land comprised in his license Provided that if in the opinion of the Warden the full number of men cannot be reasonably and advantageously employed a fewer number shall be sufficient if such fewer number be the greatest that can be reasonably and advantageously employed.

That the licensee may at any time by writing under his hand addressed to the Warden surrender the whole or any part of the land comprised in his license and such surrender shall be indorsed by the Warden on such license and there from the rental payable shall be proportionately reduced Provided that a licensee shall not be entitled to make such surrender in part more than twice during the currency of his license.

Every person desiring to construct a water race dam or reservoir for the diversion and use of water shall give notice thereof in Writing to the Warden and to all persons whose interests may be thereby affected such notice to be advertised by the applicant twice in one or more newspapers published in the district.

As regards a water race such notice shall state the mean breadth and depth of the proposed race and the quantity of water it is capable of carrying and copies of such notice shall be posted and maintained for fourteen days at the source whence it is proposed to obtain the water and at the proposed termination of the race and the intended course shall be included by pegs not less than two inches square or two inches in diameter or by large stones marked with a broad arrow and such pegs or stones shall be placed not more than two hundred yards apart.

As regards a dam such notice shall state the proposed height and as regards a reservoir the proposed size and depth and the site of the dam or reservoir shall be indicated by pegs not less than two inches square or two inches in diameter.

The proceedings to be taken on such applications shall be in conformity with sections fourteen fifteen sixteen and seventeen of this Act except that the license shall be in the form set forth in the Second Schedule to this Act.

Such license shall give to the licensee an indefeasible right to the exclusive use of the race dam or reservoir and the water in respect of which the same is constructed and of so much land on both sides as is sufficient to secure the safety of the race dam or reservoir for such time as he shall fulfil the conditions on which the same is granted.

The conditions on which any such license shall be granted shall be as follows:—

The construction of the race dam or reservoir must be commenced within one calendar month from the issue of the license and must continue with all reasonable diligence until completed.

The race dam or reservoir shall be used for the purposes for which it is constructed without interruption exceeding sixty days in any year commencing on the first day of January following its completion.

The licensee shall keep the race dam or reservoir in repair and shall make an efficient bridge where any road in ordinary use crosses the water of the race dam or reservoir upon being so required by the Inspector.

The licensee shall pay an annual sum of five pounds in advance the first payment to be made on the day on which the license is granted and every subsequent payment to be made on the same day in every subsequent year.

Whenever any water diverted and used under any license as aforesaid shall be required for any public use or purpose it shall be lawful for the Governor to revoke such license and cause the water to be restored to its natural channel.

In such case the licensee shall be entitled to compensation for the loss which he shall thereby sustain and the amount thereof shall be fixed by arbitration Provided that the licensee and a person acting by authority of the Governor in that behalf can agree on the terms of such arbitration and if not such compensation shall be fixed by a judgment of the Warden’s Court in a suit in which the Inspector shall be the nominal defendant.

The Arbitrators or Court as the case may he shall take into consideration all the circumstances of the case and shall award compensation for the losses which the licensee will sustain by the revocation of his license.

When the compensation is fixed as aforesaid it shall be forthwith paid by the Governor out of the revenue of the district within which the race dam or reservoir is situate in respect of which compensation is granted.

If any licensee of land water race dam or reservoir shall fail to pay any license fee when it becomes due or within sixty days thereafter or if he shall fail to comply with any other of the conditions on which he holds his license such license shall be liable to be forfeited.

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

As soon as conveniently may be after the expiration of the ten days the Inspector shall investigate the case and after hearing the licensee if he shall state in writing his desire to be heard and making reasonable allowance for efforts made in the meantime by the licensee to fulfil the conditions of the license shall decide thereon in a summary way The Inspector may if he think fit declare a part only of the land comprised in the license to be forfeited.

When such decision shall be adverse to the licensee the Mining Inspector shall immediately thereon cause a notice to be served on the licensee or some one of them when there are more than one if he or they can be conveniently found and if not such notice shall be posted in some conspicuous place upon the land comprised in the license Such notice shall convey the decision of the Mining Inspector and shall briefly state the grounds thereof.

If no notice of appeal be given as next hereinafter provided the license shall be deemed to be forfeited and all right title and interest of the licensee shall thenceforth be determined and void.

If within ten days after the service or of the posting of such notice the licensee against whom the decision has been given or any person acting on his behalf give notice in writing to the Inspector and to the Warden that he is dissatisfied with the decision of the Inspector and appeals against it the Warden shall appoint a time and place for hearing such appeal of which the licensee shall have reasonable and timely notice and at such time and place the Court shall proceed to investigate the case anew and decide on the whole facts of the case.

In lieu of declaring a forfeiture it shall be lawful for the Court to substitute a monetary fine except in cases in which there has been a wilful and continuous breach of any condition of the license.

If a portion only of the land comprised in any license is declared to be forfeited a new license for the remaining portion shall be granted by the Warden to the licensee and such new license so far as regards such remaining portion shall have the same effect and be subject to the provisions of this Act in like manner as the original license.

From the decision of the Warden’s Court the licensee may appeal to a Judge of the Supreme Court in Chambers Provided that notice of such appeal stating the grounds thereof be given to the Inspector and to the Warden within ten days from the day on which his decision is given and that the appellant enter into a bond to the Registrar of the Supreme Court with one or more sureties satisfactory to the Warden in the penalty of twenty-five pounds to enter his appeal within ten clear days and pay all costs which shall be adjudged against him by the Judge or Supreme Court but the appellant in lieu of such bond may deposit with the said Registrar the sum of twenty-five pounds.

On compliance by the appellant with the foregoing provision the Warden shall transmit to the Registrar a report of the case with the notes of the evidence taken before him and the Judge shall after hearing the parties or their solicitors confirm or set aside the decision or direct a new trial or make such other order therein as appears to him agreeable to justice and in conformity with law Provided that before making an order the Judge may require any question to be fully argued before and decided by the Supreme Court.

If the Judge shall consider that the case involves a question of controverted fact on which he may be of opinion that the verdict of a jury should be taken he may make an order for the trial of the question and issues shall be framed by the appellant and settled as is usual in ordinary actions in the Supreme Court.

Upon the finding of the jury the Supreme Court shall pronounce judgment on the whole case including the award of costs to either party as it may think fit.

So soon as a decision declaring a forfeiture of a license shall be given and take effect either by the Inspector without appeal or the Warden’s Court without appeal or by the Judge or the Supreme Court the license shall be void and the licensee and all persons holding under him shall cease to have any interest in the land comprised in the license and the same shall be open to applicants in manner hereinafter provided.

Provided that the licensee may at any time within thirty days after the declaration of forfeiture takes effect remove any plant machinery engines tools or materials but no timber used in supporting the shafts drives galleries or adits of any mine nor materials used in the construction of any water race dam or reservoir and if any person shall offend against this proviso he shall forfeit and pay any sum not exceeding one hundred pounds in addition to the value of the injury done by such removal.

The Warden shall have power by warrant under his hand addressed to the Bailiff of his Court or the Officer in charge of the Constabulary to remove therefrom any person in possession of land adjudged to be forfeited.

As soon as forfeited land is open to applicants as aforesaid the Warden shall give notice by advertisement in a newspaper having circulation in the district and by a notice to be posted on the land that application may be made to him in writing for the same upon a day to be fixed in such notice not being less than one month nor more than two months from the day of publishing the notice or posting it on the land whichever may be last done.

If on such day there be more applications than one for the same land the Warden shall fix a day for the applicants to attend at his office and on such day he shall sell the right of occupation to the applicant who shall be the highest bidder If there be but one applicant or if no more than one shall attend as aforesaid the right of occupation shall be given to such applicant and if there be no applicant the land shall be open to any person under this Act.

When any forfeited land is taken up under the last preceding section it shall be marked out as specified in section number eight of this Act and shall thenceforth be subject to all the provisions of this Act in respect of claims.

Whenever any person shall require a site for machinery or for carrying on business or for residence he shall apply to the Warden to grant the same.

Such application must be in writing and must describe the situation area, and boundaries of the land applied for.

As soon as conveniently may be thereafter the Warden shall make such inquiries as he may think fit in order to satisfy himself whether there is any objection to the granting of the application.

If there be no objection the Warden shall grant a license in the form set forth in the Third Schedule to this Act Provided that no machine site shall exceed one acre no business site half an acre and no residence site one quarter of an acre.

Such license shall give the licensee for so long as he may require the same not exceeding twenty-one years the exclusive right to the possession of the surface of the land therein described for the purpose therein mentioned and for no other Provided that the licensee pay the annual sums hereinafter mentioned.

The sums payable for the above-mentioned sites shall be as follows:—

For a machine site ten pounds.

For a business site five pounds.

For a residence site one pound.

Such sums shall be payable annually in advance and the amount of the first payment shall be deposited with the Warden at the time the application is made to be retained as the first annual payment if the application is granted and to be returned to the applicant less one pound or in case of a residence site ten shillings to he retained for the cost of the inquiry by the Warden if the application is not granted Subsequent annual payments shall be due and payable to the Warden on the same day in every year as that on which the application is granted.

If the sum from time to time due in respect of any site is not paid when due the Inspector shall sue for the same If any site be used for a purpose not specified in the license or for three months be unused for such purpose or unoccupied or if the sum due in respect of the same be not paid within two calendar months all rights under the license shall be forfeited subject as next hereinafter provided and the Inspector shall sue in the Warden’s Court for possession.

At the hearing of such suit if the Warden’s decision be against the licensee the Warden may either award a pecuniary penalty instead of enforcing forfeiture or he may issue a warrant under his hand to remove the licensee from possession The costs of proceedings shall be in the discretion of the Warden.

The several sections in reference to machine business and residence sites numbered from fifty-six to sixty-four both inclusive shall not apply to the land comprised within the towns of Shortland and Grahamstown and Tararu as defined in the Fourth Schedule to this Act.

Every license issued under the authority of this Act shall be signed by the Warden and he shall affix thereto the seal of the Warden’s Court Such signing and affixing shall be in the presence of one witness who shall attest the same.

Every right title and interest acquired or created under the provisions of this Act or under any regulations made in conformity therewith shall be deemed and taken in law to be a chattel interest and may be inherited assigned transferred seized and sold under any writ of fieri facias or other writ or warrant of execution.

It shall be lawful for the Inspector or any person whom he may appoint in writing at all convenient times to inspect any mine and any workings connected therewith and for that purpose to use all convenient means and appliances belonging to the mine by which such inspection may be facilitated and the owner and manager of the mine and all miners workmen and others employed by such manager or owner shall afford such assistance as may be reasonably required for facilitating such inspection.

Every person who shall refuse to permit the use of such means and appliances or shall refuse to render such assistance or shall obstruct the Inspector or the person so appointed by him as aforesaid in making such inspection shall forfeit and pay for every such offence a penalty not exceeding fifty pounds.

It shall be lawful for the Governor by Order in Council to establish for any Gold Mining District constituted under this Act a Warden’s Court for the administration of justice therein and any such Court to abolish.

The Governor shall appoint fit and proper persons to be Wardens of such Courts who shall hold office during the Governor’s pleasure The Court may be held before one Warden although more than one Warden may have been appointed for the same Court.

No Warden shall be interested directly or indirectly in any mining enterprise carried on in the Province in which the Court with which he is connected holds its sittings and if any Warden appointed under this Act shall knowingly adjudicate on any matter in which he shall have directly or indirectly any pecuniary interest he shall be guilty of a misdemeanour and shall on conviction before a competent Court be liable to fine or imprisonment or both in the discretion of the Court.

Every such Court shall have jurisdiction to hear and determine all suits and complaints cognizable by Courts of civil or criminal jurisdiction which may arise within the Gold Mining District for which such Court is constituted concerning the following matters (that is to say)—

Forfeitures for non-compliance with this Act and any regulation made thereunder from time to time in force.

Boundaries of land held or occupied under this Act and encroachments upon and injuries to the same.

Dams water races streams watercourses wells ponds and reservoirs and encroachments upon and injuries to the same.

Roads tramways railroads and fences and encroachments upon and injuries to the same.

Partnerships relating to gold mining.

Breaches of laws rules and regulations for the time being in force relating to gold mining punishable by summary conviction.

And generally concerning contracts torts questions and disputes of any kind relating to gold mining.

Subject to the provisions hereinafter contained relating to appeals Wardens shall determine all questions as well of fact as of law.

Every Court in cases within its jurisdiction shall have power to enforce contracts to award damages to dissolve partnerships to grant injunctions to impose penalties to cause gold improperly or unlawfully removed to be summarily seized and restored to summon witnesses to award costs and generally to give such judgments and make such orders as may be necessary or proper in all matters within its jurisdiction.

Every witness duly summoned who shall fail to attend without a reasonable cause in the opinion of the Court shall be liable to a fine not exceeding five pounds to be imposed by an order of Court.

If previous to or during the hearing of any case it shall appear to the Court or any Warden thereof that it would be expedient that an inspection or survey and plan should be made in order the more satisfactorily to determine the question at issue it shall be lawful for such Court or Warden to cause such inspection to be made by a Warden or by any other person or to order either party to cause a survey and plan to be made and produced and the costs in either case shall if the Court think fit at the hearing be made costs in the cause.

The Court may in any case make orders for staying proceedings until security be given for costs or for granting time to the plaintiff or defendant to proceed in the prosecution or defence of the suit and may also from time to time adjourn any Court or the hearing of any cause in such manner and on such terms as to payment of costs or otherwise as to the Court may seem fit.

It shall be lawful for the Court or any Warden thereof whenever it shall be made to appear to be proper to do so to order the working of any claim or licensed holding affected by any matter in dispute to be suspended until such matter shall have been investigated or adjudicated on and if any person having been ordered to suspend the working of any claim or licensed holding shall work such claim or licensed holding he shall be liable to a fine or penalty not exceeding fifty pounds to be imposed by an order of the Court.

Subject to the provisions hereinafter contained relating to appeals every order or judgment shall be final between the parties but the Court shall have power to nonsuit the plaintiff and shall also in any case have power to grant a rehearing upon such terms as it shall think fit and in the meantime to stay proceedings.

Every judgment and the time (if any) limited for satisfying the same shall be entered in a register to be kept for that purpose and no other record thereof shall be necessary.

No order judgment conviction or other proceeding shall be void or quashed or vacated for want of form.

Subject to the special provisions in this Act in that behalf any judgment decision and order given or made by any Warden’s Court in civil cases shall be carried out and enforced in accordance with the law for the time being in force regulating the proceedings in civil cases in Resident Magistrates’ Courts and every conviction in criminal cases shall be carried out and enforced in accordance with the law for the time being in force for regulating summary proceedings before Justices of the Peace.

Every warrant order or other process issued by any Court under the authority of this Act may be executed and put in force in any part of the Colony by the Bailiff of the Court or by the Bailiff of any Resident Magistrate’s Court or by any other person to whom the same may be specially directed.

No suit or complaint shall be dismissed because of any informality either in the summons or any other proceeding nor shall any objection be taken or allowed to any summons complaint or proceeding for any alleged defect or misnomer or inaccurate description or on the ground that the plaintiff or complainant shall appear at the hearing to be entitled to different relief than that sought by the summons or for any variance between such summons and the evidence adduced but the summons shall be amended by the Court so that the subject-matter in dispute between the parties shall plainly appear and the Court shall proceed to adjudicate according to the rights of the parties.

Provided that if it shall appear upon the hearing of the case that the defendant has been deceived or misled by the summons or that injustice would be done by proceeding at once with the case it shall be lawful for the Court on such terms as to costs or otherwise as it shall think fit to adjourn the further hearing of the case to some future day.

When a lawful order is made by a Warden’s Court or by a Warden thereof not for the payment of money but for the doing of some other act or for omitting to do some act any person acting in disobedience to such order shall be liable to be imprisoned and the Court or Warden as the case may he may issue a warrant of commitment accordingly.

The person so offending shall be taken to some convenient gaol to be named in such warrant and delivered to the keeper thereof and he shall be there detained until he give security to the satisfaction of the Warden that he will cease to do the act prohibited or will do the act required or until the Warden shall make an order for his release Provided that no person shall be imprisoned under this section for any term exceeding three calendar months.

If any person shall wilfully insult any Warden or any Assessor or any officer of the Court during his sitting or attendance in such Court or shall wilfully interrupt the proceedings or be guilty in any other manlier of contempt in the face of the Court it shall be lawful for the Bailiff or any Constable with or without the assistance of any other person by order of the Warden to take such offender into custody and detain him until the rising of the Court.

Instead of discharging any offender at the rising of the Court it shall be lawful for the Warden if he shall think fit by a warrant under his hand to, commit any such offender to prison for any term not exceeding one hundred and twenty hours or to impose on any such offender a fine not exceeding five pounds for any such offence and in default of payment thereof to commit the offender to prison for any term not exceeding one hundred and twenty hours unless the fine be sooner paid.

The Warden or if more than one the senior Warden may from time to time make such regulations as he may think fit for the orderly transaction of the business of his Court.

All Constables and Peace Officers shall within their several localities aid and assist the Warden in the execution of any duties imposed by any of the sections of this Act.

Every Warden acting in the execution of his duty under this Act shall be entitled to the same protection as Justices of the Peace under any law for the time being in force to protect Justices of the Peace from vexatious actions for acts done by them in the execution of their office and “The Justices Protection Act 1866” and all Acts passed in substitution for or in amendment or alteration of the same shall apply to Wardens in like manner as to Justices of the Peace so far as the same can be so applied.

If either party in any suit shall be dissatisfied with the determination or decision of the Court in point of law or upon the admission or rejection of evidence such party may appeal to the Supreme Court provided that he shall within ten days after the decision to which he objects give notice of appeal to the other party or his solictor and shall deposit with the Registrar of the Supreme Court the sum of twenty pounds to abide the costs of such appeal.

The Supreme Court may either order a new trial upon such terms as it thinks fit or order judgment to be entered in the Warden’s Court for either party and may make such order with respect to costs of the appeal as such Court may think fit and such judgment or order shall be final.

The appeal shall be in the form of a case agreed on by both parties or their solicitor and if they cannot agree the Warden upon being appealed to by either party shall settle the case The case when agreed to or settled shall be signed by the Warden and transmitted by him to the Supreme Court.

The several Judges of the Supreme Court in their respective districts shall make if they think fit general rules for regulating proceedings on appeals under this Act and the costs and fees to be paid in respect of the same and until such rules are made such proceedings and fees shall be as nearly as may be in conformity with the rules regulating appeals from District Courts.

It shall be lawful for the Governor subject to the provisions of this Act from time to time to make alter amend and revoke rules and regulations for all or any of the purposes following:—

For prescribing the mode times and places for the issue of miners’ rights.

For the management and administration of the affairs of Gold Mining Districts constituted under this Act.

For regulating the use and occupation of land held under this Act and mining operations therein and thereon.

For enabling owners of claims and licensed holdings to make levels adits drives or tunnels through other Crown lands whether held as claims or licensed holdings and for prescribing the mode in and the terms and conditions on which such levels adits drives or tunnels may be made and on which compensation shall be ascertained and paid to persons injured thereby.

For prescribing the manner in which and with what rights and obligations any claim or licensed holding or any race dam or reservoir or any water diverted or any machine business or residence site shall be held occupied used worked or enjoyed.

For regulating the construction maintenance and use of water races dams and reservoirs.

For regulating the felling and cutting of timber and the fees to be paid in respect of the same.

For the protection of paths roads and streets and for regulating mining thereunder.

For granting protection to persons desirous of temporarily ceasing to work their claims or licensed holdings.

For the preventing nuisances in and about residences and places of business held under this Act and for cleansing and making clean the same.

For preventing the defiling and wasting of water used for domestic purposes and the setting apart springs streams and other depositories of water or any portion thereof for domestic purposes.

For regulating the filling up of shafts pits holes and excavations and fencing the same.

For regulating the procedure and practice in Courts established under this Act and for fixing the fees to be taken in respect of proceedings therein and for taxing the costs of solicitors practising in such Courts.

For establishing registers for registering all rights titles and interests held under or created by this Act and all assignments and transfers thereof and all encumbrances and liens thereon and discharges thereof.

And generally for facilitating and more effectually carrying into execution the objects of this Act especially in cases in which no provision or no sufficient provision is made for the same.

For fixing the fees to be paid under this Act and any regulations made thereunder.

Any right title or interest acquired under or created by any regulation made in conformity with this Act shall not be in any manner affected by any alteration amendment or revocation of such regulation.

If any person shall commit any breach whether by way of omission or commission of any of the rules and regulations made under the authority of this Act he shall be liable for every such breach to forfeit and pay such fine or penalty as shall be fixed by such rules and regulations not exceeding ten pounds for the first offence and twenty pounds for any subsequent offence.

The rules regulating the procedure and practice in Wardens’ Courts and the fees to be taken therein made by Order in Council dated the seventh day of March one thousand eight hundred and sixty-eight and published in the New Zealand Gazette of the ninth day of March one thousand eight hundred and sixty-eight shall be the first rules for regulating the practice and procedure in Wardens’ Courts under this Act and the fees payable in respect of the same subject however to alteration amendment and revocation in like manner as though the said rules had been made and fees fixed by the Governor in pursuance of the powers hereinbefore contained.

For every district constituted under this Act the Governor shall appoint some fit and competent person to be Inspector whose duty it shall be from time to time to visit and inspect the mines within his district and generally to see that the provisions of this Act and any regulations made thereunder are complied with and carried out And all proceedings taken in any Court under an Act in respect of forfeiture shall be taken and carried on in the name of the Inspector.

All costs incurred by the Inspector or which may be awarded against him in any proceedings under this Act shall be paid out of the revenue of the district in which the land the subject of the proceedings is situate and the Inspector shall not be personally liable for the same.

Documents not transferable to be called “Miners’ Rights” shall be issued in the form set forth in the Fifth Schedule to this Act to any person applying for the same upon payment of the sum of twenty shillings.

Documents to he called “Business Licenses” shall he issued in the form set forth in the Sixth Schedule to any person applying for the same on payment of the sum of five pounds for a yearly license three pounds for a half-yearly license and two pounds for a quarterly license.

“Miners’ Rights” and “Business Licenses” shall he dated on the day on which they are issued and shall respectively be in force for twelve six or three calendar months from the date thereof as the case may be.

Every person not being the holder of a miner’s right who shall be engaged or employed in mining operations or who shall occupy for any purpose whatever any land in any Gold Mining District constituted under this Act shall be liable for the first offence to a penalty not exceeding five pounds for a second offence to a penalty not less than five and not exceeding ten pounds and for any subsequent offence to a penalty not exceeding ten pounds with imprisonment in some gaol for a term not exceeding two calendar months.

No person shall be entitled to institute proceedings in any Court whatever in respect of any right title or interest acquired or created under this Act or in respect of any encroachment thereon or injury thereto unless he shall at the commencement of such proceedings be the holder of a miner’s right then in force issued under this Act or under a Gold Fields Act in force in the Gold Mining District constituted under this Act prior to this Act coming into operation therein.

It shall not be necessary for any purpose whatever for any shareholder in any incorporated company to take out or be the holder of a miner’s right in respect of any shares held by him in such company.

All rents and fees which shall be payable under this Act or any regulations made thereunder shall be paid to the Receiver of Revenue and shall except as hereinafter provided be applied towards the expenses of carrying this Act into execution in the Gold Mining District in which they arise and in the construction and repair of works of public utility and convenience therein.

Whenever the powers under this Act are delegated to the Superintendent of the Province in which any district is situate the revenue of such district shall be appropriated by the Provincial Council and in all other cases such revenue shall be appropriated by the Governor by Order in Council Provided that nothing in this Act contained shall be construed or deemed to alter or affect “The Auckland Gold Fields Proclamation Validation Act 1869” or any of the provisions of the several agreements therein recited and that rents arising in respect of land occupied under licenses issued under this Act shall for the purposes of the said agreements be deemed to be money arising from miners’ rights.

Affidavits to be used in Courts to be held under this Act may be sworn before the Warden of any Warden’s Court in the Colony or before any person authorized to take affidavits in the Supreme Court or before any Justice of the Peace.

It shall be lawful for the Governor to cause to be issued to any person in such form and on such terms and conditions as the Governor may think fit a license to he called a “prospecting license” authorizing the person therein named with the consent of the owner to prospect and search for gold on any land specified in such license not being within any Gold Field or Gold Mining District.

Any person not being the owner of land over which the Native title has not been extinguished and not being the holder of a prospecting license in respect of such land who shall mine for gold thereon shall be liable to forfeit and pay for every such offence a penalty not less than five pounds and not more than fifty pounds.

All fines and penalties imposed under the authority of this Act or any regulations to be made in pursuance thereof may be sued for and recovered in a summary way before any Warden of the Court of the Gold Mining District within which the offence is committed or before any Justice of the Peace.

It shall be lawful for the Governor in Council under his hand and the Public Seal of the Colony from time to time to delegate to such person as the Governor in Council may deem fit all or any of the powers vested in the Governor by this Act except the powers conferred by sections seventy and seventy-one and by subsection thirteen of section ninety-eight thereof subject or not to any limitations or restrictions and in like manner to alter or revoke any such delegation.

Whenever this Act shall be brought into operation over any land already subject to “The Gold Fields Act 1866” “The Gold Fields Act Amendment Act 1868” and “The Gold Fields Act Amendment Act 1869” the said Acts shall be thereby repealed and thenceforth cease to have any force or effect in respect of such land except so far as relates to rights titles and interests created and subsisting by virtue of such Gold Fields Acts or any regulation made in pursuance thereof and all such rights titles and interests shall remain and subsist as though this Act had not been brought into operation and all questions arising in relation thereto shall be determined under the said Gold Fields Acts and not under this Act.

Provided that in any district in which this Act is in operation it shall be lawful for the owner of any claim or license or any water race dam or reservoir or any machine business or residence site held occupied or enjoyed in such district under any Gold Fields Act or any regulation issued thereunder to surrender and yield up the same and in such case such owner shall be entitled to obtain a title to the land comprised in such claim or license or to such water race dam or reservoir or to such machine business or residence site under this Act which title shall have the same force and effect as though it had been originally granted under this Act.

Every rule and regulation made under this Act shall be laid before both Houses of the General Assembly within twenty-eight days from the issuing thereof if the General Assembly be then in Session and if not then within fourteen days after the commencement of the next Session thereof And no such rule and regulation shall become or have the effect of law until the same shall have been approved by the Governor in Council and every such rule and regulation shall be published in the New Zealand Gazette and in the Government Gazette of the Province in which such rule and regulation shall be intended to, have force and effect.