Gold Fields' Management Act 1857 No 25a (NSW)

No. XXIX.

An Act to amend the Laws relat ing to the

Gold Fields. [11th March, 1857.]

Exce l len t Majesty b y and wi th t he advice a n d consent of t h e Legis­	WH E R E A S it is expedient to amend t h e Laws re la t ing to t he Gold F ie lds Be i t therefore enacted by t h e Queen ' s Mos t
lat ive Counci l a n d Legis la t ive Assembly of N e w South "Wales in P a r l i a m e n t assembled and by the au tho r i t y of t h e same as follows :—

1. F r o m a n d after t h e coming in to opera t ion of th i s A c t t h e

A c t of Counci l s ix teenth Vic tor ia n u m b e r for ty- three and t h e Ac t of

Counci l seventeen th Vic tor ia	n u m b e r	twen ty - th ree	shall be	and	the
same are hereby repealed.

2. I n t h e cons t ruc t ion and for t h e purposes of th is A c t t h e

following t e rms shall have t h e respect ive mean ings hereby assigned to t h e m if such mean ings be not inconsis tent w i th t h e con tex t or subject

m a t t e r t h a t is t o say :—

The verb " m i n e " shall be unders tood to include any mode or me thod of work ing whatsoever whereby the soil or ea r th or a n y rock or stone m a y be d is turbed removed car ted carr ied washed sifted smelted refined crushed or otherwise deal t w i th for t h e purpose of ob ta in ing gold w h e t h e r t h e same m a y have been previously d is turbed or no t as well as t h e appropr ia t ion of such gold by the finder thereof to his own use.

The word " g o l d " shall signify as well any gold as any ea r th

clay quar tz stone mine ra l or o the r subs tance conta in ing

gold or hav ing gold mixed the re in or set apa r t for t h e

purpose of ex t rac t ing gold theref rom.

The words " Gold M i n e s " and " Gold F ie lds" shal l m e a n those

p a r t s of t he W a s t e L a n d s of t h e Crown in N e w South

W a l e s on which any persons are or may be actual ly

engaged in m i n i n g for gold.

The word " c laim " shal l m e a n the por t ion of land which each

person or company shall be ent i t led to occupy or to occupy

and m i n e in unde r any mine r ' s r i gh t l icense or lease issued

u n d e r t h e provisions of th is Act .

accident.

3. I t shal l ho lawful for t h e Governor w i th t he advice of t h e

The word " bus iness" shall m e a n a n d inc lude any profession

t r ade cal l ing or occupat ion except m i n i n g a n d any vend ing or disposing of any goods wares merchandise or chat te ls w h e t h e r by h a w k i n g or in any o ther m a n n e r except t h e

h a w k i n g	of mi lk	b u t t e r	vegetables or o ther farm or	ga rden
produce .

The words " au thor ized pe r sons" shall m e a n and include all holders of any license or lease for pas tora l purposes all minis ters of rel igion and schoolmasters and any Commis­ sioner for t h e Gold F ie lds or Jus t i ce of t h e Peace and any c lerk t rooper constable or o ther person employed exclu­ sively in t h e Governmen t service and t h e servants of such pen-sons respectively the re res iding wi th and in t h e ac tua l employment of any of t h e m a n d all females a n d all chi ldren u n d e r fourteen years who shal l only reside a n d no t m i n e for gold upon any Gold Fie ld or any person to w h o m t h e Res iden t Commissioner shal l t h i n k fit to g ran t

a t e m p o r a r y exempt ion on account of sickness or o ther

Execu t ive Counci l subject to t h e provisions of th i s A c t a n d t h e ru les

a n d regula t ions to be m a d e as hereinaf ter provided to cause documen t s

to be issued each of which shal l be called " The Miner ' s E i g h t " a n d

shal l be g ran t ed to any person app ly ing for t he same upon p a y m e n t of

a fee of t en shi l l ings.

4 . " The Miner ' s E i g h t " shall be in force for t h e period of

twelve m o n t h s from the date thereof and shal l du r ing t h e said per iod

au thor ize t he holder to m i n e for gold u p o n any of t h e "Waste L a n d s

of t h e Crown and to occupy (except as against H e r Majesty) for t h e purpose of res idence in connect ion wi th t h e object of m i n i n g so m u c h of t he said lands as may be prescribed u n d e r t h e rules and regu la t ions to be m a d e as hereinaf ter ment ioned and every such holder shall du r ing t h e con t inuance of such Miner ' s E i g h t be deemed in law to be t h e owner (except as agains t H e r Majesty only) of t h e claim which shal l be occupied by v i r tue of such Mine r ' s E i g h t and du r ing such con t inuance as aforesaid all gold t h e n being in and upon t he said claim shall (except as agains t H e r Majesty) be deemed in law to be t h e absolute personal p rope r ty of such holder.

5. I t shall be lawful for t h e Governor wi th t he advice of t h e Execu t ive Counci l subject to t he provisions of th i s A c t and to such ru les and regula t ions as aforesaid to cause licenses t o be issued which shall be in force for t he per iod of twelve m o n t h s from t h e dates thereof

respectively au tho r i z ing t h e holder to occupy W a s t e L a n d s for t he

purpose of ca r ry ing on business u p o n any Gold Field and t h e fee to be pa id for every such l icense shall be as follows t h a t is to say four pounds .

6. I t shal l be lawful for t he Governor wi th t h e advice of t h e

Execu t ive Counci l subject to and in accordance wi th the laws in force for t h e t i m e be ing respect ing Waste Lands of t h e Colony a n d the

provisions of th i s A c t a n d t h e rules a n d regula t ions to be m a d e as

hereinafter men t ioned to g r a n t leases for m i n i n g purposes of por t ions

of auriferous l ands and to fix t h e a m o u n t to be paid by way of r en t

whe the r as roya l ty or otherwise.

7. A l l such fees as aforesaid and all o ther fees here in men t ioned

shall be payable in advance and shall be paid to H e r Majesty H e r

He i r s and Successors to be appropr ia ted as a pa r t of t h e Consolidated

Revenue F u n d of t h e Colony.

8.   A n y person not be ing t h e holder of t h e Miner ' s E i g h t or of

a lease u n d e r th i s A c t who shall m i n e for gold upon any proclaimed

Gold Field and any person who shall employ any such unau tho r i zed person so to m i n e and any person not be ing t he holder of a " Miner ' s E i g h t " l icense or lease duly empower ing h im in t h a t behalf and not

be ing an author ized person wi th in t h e m e a n i n g of th i s A c t who shal l

occupy any W a s t e L a n d s in or become res ident upon or a t any p ro­

claimed Gold Field shall be l iable on convict ion before any J u s t i c e of

t h e Peace to t h e penal t ies following t h a t is to say for t he first offence a sum not exceeding five pounds for t he second or any subsequent offence a s u m not exceeding t en pounds nor less t h a n five pounds .

9. A n y person who shall mine or employ any person to mine for gold in any land be longing to a pr iva te indiv idual wi thou t t h e consent of t h e Owner thereof or his duly author ized agent shal l upon convict ion before any Jus t i ce of t he Peace be subject to t he l ike penal t ies as are ment ioned in the last preceding clause.

10. W h e n any Gold M i n e or Gold Field shall have been discovered upon any Crown L a n d s t h e n unde r lease or l icense for pas tora l purposes it shall be lawful for the Governor with t he advice of the Execu t ive Counci l to suspend t he said lease or l icense so far only as m a y be necessary for t h e accommodat ion of t h e horses cat t le

a n d

and sheep requi red for t h e subsis tence and convenience of t he persons hold ing the Mine r ' s E i g h t and for t he supply of water t o t he said Gold Field and otherwise for effectually work ing t h e said Gold M i n e or Gold Fie ld a n d the reupon to r e t u r n or remi t as t he case m a y

requ i re such por t ion of t h e r en t of t h e lessee of t h e said lands as

may be t h o u g h t reasonable and j u s t and also to pay to h i m out of t he Revenue derived from t h e Gold Mines or Gold Fields of t h e Colony full compensa t ion for loss if any susta ined by h i m by reason of such suspension such compensat ion to be ascertained b y valuers or an u m p i r e appoin ted in t he m a n n e r ment ioned in section th ree of chapter two of H e r Majesty 's Order in Council of the n i n t h day of M a r c h one thousand eight hund red and forty-seven.

1 1 . I t shal l be lawful for the Governor with t h e advice of t he

Execu t ive Counci l to appoint officers who shall have power and au thor i ty subject t o t he provisions of th i s A c t and t h e ru les and regula t ions to be made as hereinafter ment ioned to de te rmine t he ex ten t and posit ion of t he claim to which each person or company is ent i t led under any " Mine r ' s R i g h t " license or lease issued u n d e r the

provisions of th i s Act and to m a r k such ex ten t .

12. I t shal l be lawful for the Governor wi th t he advice of t he

Execu t ive Council from t ime to t ime to m a k e such rules a n d regula­

t ions n o t be ing con t ra ry to t he provisions of th i s Ac t as shall appear

necessary for r egu l a t i ng t h e form of " M i n e r ' s R i g h t s " licenses and

leases to be issued under th is A c t t h e mode t imes dates and places of t he issues thereof t he condit ions on which the same shall be issued the mode of t ransfer r ing or ass igning t h e same and of p roh ib i t ing any such t ransfer or ass ignment and general ly for t he purpose of ca r ry ing t h e provisions of th i s Ac t in to execut ion and all t h e rules and regula­ t ions heretofore m a d e by the Governor and Execut ive Council respec t ing t he issue of licenses for m i n i n g purposes or respect ing any of t h e purposes aforesaid not inconsis tent he rewi th shall have t h e force and effect of law un t i l repealed a l tered or amended by any rules

or regula t ions to be m a d e as here in ment ioned .

13 . I t shal l be lawful for any Jus t i ce of t he Peace upon the

compla in t of any person hold ing the " Miner ' s R i g h t " or any license

or lease u n d e r t h e provisions of th i s Ac t t h a t any other person has encroached upon the claim of t he compla inant to proceed for thwi th to t h e spot for t h e purpose of inves t iga t ing the m a t t e r of such complaint a n d to inqu i re in to t h e case and on his own view or upon t h e oath of a n y witness to de termine t h e same in a s u m m a r y way and if it shall	appear to such Jus t i ce t h a t the person complained agains t has so
encroached by occupying min ing or u n d e r m i n i n g such claim or in any
o ther way whatsoever or t h a t t he person compla in ing has so encroached u p o n t h e claim of t h e person complained against it shall be lawful for such Jus t i ce to cause t h e person so found to have encroached as aforesaid his servants implements goods and chat te l s to be removed from the claim so encroached upon .
14. I t shall be lawful for any such compla inant or person com­ plained of or for such Jus t i ce previous to t h e hea r ing of any such compla in t to requ i re t h a t two persons holding the " M i n e r ' s R i g h t " or a lease u n d e r th i s Ac t shall assist such Jus t i ce as assessors and the reupon such Jus t i ce shall select two persons duly qualified from amongs t those who are present and ready to a t tend and be sworn as such assessors or shall s u m m o n any n u m b e r not exceeding four persons duly qualified as aforesaid and shall select two from amongst those who m a y a t t end a t t h e t ime appointed and shall adminis ter to such persons as m a y a t t e n d and be selected whe the r summoned or no t an oa th to t he effect t h a t such persons severally will well and t ru ly inqu i re in to t he m a t t e r of t h e complaint then submi t ted and a t r u e

4 H—VOL. 4. finding

finding and decision give according to the evidence and such persons so sworn shall be and ac t as assessors and such Jus t i ce a n d assessors shall hear and de te rmine every such compla in t of enc roachment a n d shall also find w h e t h e r any and w h a t gold has been unlawful ly or improper ly removed from such claim and whe the r any a n d w h a t damage has been sustained by such encroachment a n d t h e decision of a major i ty consis t ing of such Jus t ice and one assessor shall be b ind ing .

15 . I t shall be lawful for such Jus t i ce and assessors u p o n the

hea r ing of any compla in t as aforesaid or for any two Jus t i ces of t h e Peace upon proof of any gold hav ing been removed as aforesaid (of which any such finding as aforesaid shal l be sufficient evidence) to cause any gold which m a y have been t aken or removed from such claim to be summar i ly seized and delivered to t he person encroached upon and also to cause t he whole or any p a r t of the damages ascer tained as aforesaid to an a m o u n t no t exceeding one h u n d r e d pounds to be paid by t h e person so h a v i n g encroached or t respassed as to such Jus t i ce and assessors or such Jus t i ces shall seem ju s t to be recovered by distress and sale of t h e goods and cha t te l s of such person in m a n n e r prescr ibed by law for t h e recovery of any sum adjudged by Jus t i ces of t he Peace as a pecuniary pena l ty or compensat ion Provided t h a t n o person shall be impr isoned for default in paymen t of such damages

for a longer period t h a n t h a n th ree m o n t h s .

16. I n t he event of t he non-a t t endance of t h e requis i te n u m b e r

of assessors a t t h e appoin ted t ime the J u s t i c e p resen t shall if requi red

by ei ther pa r ty adjourn t h e hea r ing of t he complaint and if a t t h e t i m e to which the same shal l have been adjourned the re shall n o t be a sufficient n u m b e r of assessors in a t t endance after due s u m m o n s such Jus t i ce m a y proceed to hear a n d decide wi th one such assessor if one shal l be in a t t endance or w i thou t any assessor if none be presen t a n d t h e acts and decision of t h e said Jus t i ce and such assessor as shall be in a t t endance or of such Jus t i ce alone if no assessor be in a t t endance

shall be as valid and effectual as if t h e regula r n u m b e r h a d been in

a t t endance and had acted wi th such Jus t i ce Provided t h a t du r ing such

ad journment as aforesaid t h e J u s t i c e m a y order t h e work ing of t h e

c la im alleged to have been encroached u p o n to be suspended.

17.    Previously to t h e en te r t a in ing of any compla in t as aforesaid

such Jus t i ce shal l a n d m a y demand and receive from t h e compla inant

t h e fee of one p o u n d and u n t i l such fee shall have been pa id such

Jus t i ce m a y refuse to a t t end to any such compla in t Prov ided t h a t if

t he decision shall be agains t t he person complained of such person

m a y be ordered to repay such fee to t h e compla inan t and the determi­

na t ion by w h o m t h e fee is to be paid shall in every case form p a r t of t h e decision of such Jus t i ce or such J u s t i c e and assessors as t he case m a y be and such fee m a y be recovered as here in directed in regard to any compensat ion awarded to any compla inant .

18. I f any person hold ing t h e " Mine r ' s R i g h t " or a lease

issued u n d e r t h e provisions of th i s Ac t hav ing been duly summoned

shall disobey such s u m m o n s and fail to a t t end a t such t ime and place as m a y be n a m e d the re in or t o be sworn as aforesaid i t shal l be lawful for such J u s t i c e u p o n proof t h a t such person was duly summoned or hav ing been summoned t h a t he refused to be sworn unless some reasonable cause for non-a t tendance or refusal of such person be made to appear to such J u s t i c e to inflict a fine n o t exceeding five pounds which fine m a y be levied and appropr ia ted in l ike m a n n e r as o ther fines inflicted by v i r tue of th is A c t and every such person who shall a t t end in obedience to any such summons and be sworn to ac t as assessor shall be ent i t led to demand and receive t h e s u m of t en shil l ings for t h e hea r ing of such complaint a n d such J u s t i c e and

assessors

assessors shal l de te rmine and order	by w h o m such sums or any pa r t s
thereof shal l be paid .

19. I f any person shal l assaul t or resist any such officer or

Jus t i ce of t he Peace or any of t h e said assessors or any person duly

author ized by h i m or t h e m whi ls t in t h e execut ion of t h e dut ies

provided to be performed u n d e r th i s A c t or if any person after t h e

hea r ing and de t e rmin ing of any such compla in t and hav ing h a d the boundar ies of h is claim pointed out by any such officer or Ju s t i ce of t h e Peace shall aga in encroach or t respass as aforesaid every such person so assaul t ing res is t ing or again encroaching shal l upon conviction before any two Jus t i ces of the Peace forfeit a n d pay a pena l ty not exceeding twenty-f ive pounds or a t t he discret ion of t h e adjudica t ing Jus t ices be impr isoned wi th h a r d labor for any period no t exceeding

t h r ee	m o n t h s .
20. U p o n pet i t ion of n o t less t h a n one hund red persons holding

Mine r s ' R i g h t s or leases unde r th i s A c t a t any Gold Field and hav ing he ld such R i g h t s or leases for n o t less t h a n th ree calendar m o n t h s preceding i t shal l be lawful for t h e Governor w i t h t h e advice of t he Execu t ive Council by Proc lamat ion from t ime to t ime to declare such Gold F ie ld to be a Dis t r ic t for t he purpose of forming a Local Cour t wi th t h e powers and au thor i ty hereinaf ter described and to declare t he n a m e of such Dis t r ic t and define t he l imits and appoin t t h e Chair­ m a n of such Local Cour t and from t ime to t ime to vary and al ter such l imits and revoke such appo in tmen t and m a k e another or others and after t he publ icat ion of any such Proc lamat ion t he locali ty so described shall be a n d become a Dis t r ic t for t he purposes of th i s Act .

2 1 . E v e r y such Cour t shall consist of a Cha i rman to be nomi­

n a t e d as hereinbefore directed and n ine persons holding t h e " Mine r ' s

R i g h t " or a lease u n d e r th is Ac t to be elected as hereinafter directed a n d every such Cour t may appoin t a Clerk and shal l have power to frame ru les a n d regula t ions touch ing t he s i t t ings and proceedings of t h e said Cour t t h e ex t en t and posi t ion of any c la im t h e condit ions on wh ich i t shal l be worked and the appl icat ion and use of mach inery a n d such local ru les and regula t ions re la t ing to m i n i n g and applicable to t h e dis t r ic t for which t he m e m b e r s m a y be elected as t hey shall deem mos t beneficial and no such ru le shall be in force u n t i l i t shall have received t h e assent of t h e Governor wi th t h e advice of t h e

Execu t ive Counci l a n d been publ i shed in t h e Government Gazette.

22. Such C h a i r m a n w h e n appointed shal l n a m e a place and

t ime by publ ic notification in such m a n n e r as may seem to such Chair ­

m a n mos t desirable ( the place to be some convenient locality wi th in

t he l imi ts of t he Gold Field Dis t r ic t for which he shall be Cha i rman

a n d t h e t ime some day no t less t h a n seven days nor more t h a n four­

t een days from t h e date of t h e first publ ica t ion of such notice) when a n d where a publ ic mee t ing will be held of persons res iding wi th in such district and hold ing t h e " M i n e r ' s R i g h t " or a lease unde r th is

A c t for t he purpose of e lect ing n ine persons hold ing such " Mine r ' s

R i g h t " or a lease u n d e r th i s Ac t as a n d to be members of t he Local

Cour t and a t t h e t ime a n d place ment ioned t h e said Cha i rman shall

a t t e n d and preside a t such mee t ing and upon t h e n a m e of any person qualified as aforesaid be ing proposed and seconded by persons also qualified as aforesaid as a member of such Local Cour t such n a m e shal l be submi t t ed to t h e mee t ing and if t he mee t ing shal l signify i ts approval of such n a m e such person shall be declared by t h e Cha i rman to be duly elected a member of such Cour t a n d if such mee t ing shall signify i ts disapproval of such n a m e such person shal l be declared as rejected and so on u n t i l n ine persons qualified as aforesaid shal l have been duly elected a n d if any d ispute or doubt shall arise as to t h e decision of such mee t ing in any par t i cu la r case t h e said Cha i rman shall

proceed

proceed b y t h e bes t m e a n s available to h i m either by dividing t h e

mee t ing in to two pa r t s—those for t h e proposi t ion and those aga ins t

it- or otherwise to ascer ta in which side has t h e major i ty and t h e decision of such Cha i rman shal l be final Provided t h a t in case of a n y such doubt or d ispute as aforesaid i t shal l be competen t for such Cha i rman or any person qualified as aforesaid to demand t h e p roduc­ t ion of t h e document t e rmed t h e " Mine r ' s R i g h t " or lease u n d e r th i s Ac t of any person vo t ing or speak ing a t such mee t ing a n d if such person canno t p roduce ei ther of such before-mentioned documents his vo te or voice shall no t be considered a t such meet ing .

23 . The n ine persons so elected as aforesaid shal l cont inue m e m b e r s of such Cour t for t h e per iod of twelve m o n t h s from t h e da te of such elect ion unless they shall sooner re t i re or cease to be members as hereinaf ter provided a n d five of such m e m b e r s w i th t h e

Cha i rman shall form a q u o r u m and t h e acts of such q u o r u m shal l be

deemed to be t h e acts of t h e whole Cour t and in all proceedings t h e decision of t he majori ty shal l be t he decision of such Cour t and in case of an equal i ty of votes t h e Cha i rman shall have an addi t ional or

cas t ing

vote .

24. I f any member of such Cour t shal l absent himself from the

mee t ings of such Cour t for four weeks consecutively or shall send in his res ignat ion in wr i t ing addressed to t h e Cha i rman or shall in any way become incapaci ta ted from a t t end ing such Cour t such person shall cease to be a member of such Cour t and the Cha i rman shal l call a publ ic mee t ing of persons qualified as aforesaid for t h e purpose of e lect ing some person to fill t h e vacancy t h u s caused a n d a t such mee t ing the same proceedings as near ly as m a y be shall be had and t aken as is he re in directed to be h a d and t a k e n a t t h e first election of member s of such Cour t provided t h a t so long as the re is a q u o r u m

a n y vacancy or deficiency in t h e n u m b e r of members of such Cour t

shall no t affect the proceedings thereof.

25. Four teen days before t h e t e rmina t ion of t h e twelve m o n t h s

for which t h e m e m b e r s of such Cour t shal l have been elected t h e

Cha i rman shall publ ic ly notify a t ime when a n d place where a publ ic

mee t ing shall be held for t h e purpose of e lect ing n ine persons be ing qualified as aforesaid to serve for t h e ensu ing twelve m o n t h s as member s of t h e Local Cour t in place of t h e members whose period of service shall have expired and a t such mee t ing such Cha i rman shal l preside and the same proceedings shall be h a d and t a k e n a n d t h e s ame ru les apply and be applicable as is hereinbefore set for th in regard to t h e first election of m e m b e r s of such Cour t and t h e member s so elected shall be member s for t h e twelve m o n t h s ensuing t h e da te upon which

t h e first elected m e m b e r s shal l re t i re and so on every succeeding

twelve m o n t h s provided t h a t any member re t i r ing as aforesaid a t t h e expira t ion of any twelve m o n t h s shal l if otherwise qualified be eligible to be re-elected Provided also t h a t t h e omission to convene or hold any such mee t ing a t t h e pa r t i cu la r t ime hereinbefore directed shal l no t prevent such Cha i rman from convening such mee t ing a t a la ter period or such la ter mee t ing from proceeding to such election.

26. Eve ry such Local Cour t established as aforesaid shal l a n d may t ake cognizance of any breach whe the r of omission or commission of any of t h e ru les or regula t ions framed by t h e said Cour t as afore­ said and pun i sh every such breach by t h e infliction of a fine or pena l ty not exceeding t en pounds for t he first offence and twen ty pounds for any second or subsequent offence.

27. I t shall be lawful for t h e Cha i rman of any such Cour t u p o n complaint m a d e by t h e holder of any " Miner ' s R i g h t " lease or

license u n d e r th i s A c t t h a t he is or has been whi ls t such ho lde r

engaged in a m i n i n g pa r tne r sh ip w i t h any other person a n d t h a t a

ba lance

balance is due to h i m on account thereof or upon the appl icat ion of any such holder so engaged in such pa r tne rsh ip t h a t t he same m a y be dissolved a n d t h a t t he sums respectively due to t h e several m e m b e r s thereof may be ascertained a n d paid to issue process to p rocure or compel t he appearance before such Cour t of such members of t h e said pa r tne r sh ip as shal l appear necessary and u p o n such appearance or in default thereof after such process to procure and compel t h e same as aforesaid or in t he absence of such members as shall no t appear to be necessary par t ies to such case it shall be lawful for such Cour t to inqui re in to and hear such compla in t or appl icat ion and order t h a t such pa r tne rsh ip shall be dissolved and ascer ta in and deter­ m i n e t h e a m o u n t to be paid by any one member to any other m e m b e r or member s thereof and to order t ha t such a m o u n t so de termined toge the r wi th reasonable costs shall be paid or to m a k e such o ther order as to such Cour t shal l seem meet provided t h a t t he amoun t

payable to any one pa r tne r does not exceed one h u n d r e d pounds .

28. The Cha i rman of every such Local Cour t shal l have power to s u m m o n witnesses and to adminis ter an oa th to any such wi tness a n d also to commit for any period no t exceeding fourteen days any person refusing to be sworn or commi t t i ng any other con tempt in such Cour t a n d also to issue a w a r r a n t to compel t he a t t endance of any necessary witnesses and no proceedings in such Cour t shall be quashed for w a n t of form or be removed in to t he Supreme Cour t by certiorari or otherwise a n d such Cour t shall have power to award reasonable costs to e i ther pa r ty in any m a t t e r b rough t before such Cour t and the orders or awards of such Court shall and may be carr ied out or enforced by t h e Cha i rman of such Cour t in t h e m a n n e r in which Jus t i ces of Peace are now by law author ized to enforce any order or award made in any Cour t of Pe t t y Sessions.

29. I f any person shall forge any " M i n e r ' s R i g h t " l icense or

lease issued or pu rpo r t i ng to be issued u n d e r t h e au thor i ty of th is Ac t

or shal l f raudulent ly use u t t e r or exhibi t any such forged " M i n e r ' s R i g h t " license or lease knowing the same to be forged or if any person shall f raudulent ly personate t he holder of any such " M i n e r ' s R i g h t " license or lease or shall falsely and f raudulent ly represent t h a t any servant or o ther person is an author ized person wi th in t h e mean ing of th i s A c t or shall f raudulent ly use or exhibi t as his own any " Miner ' s R i g h t " l icense or lease be longing or g ran ted to any other person or shall use or exhibi t as a valid " Mine r ' s R i g h t " license or lease any " Miner ' s R i g h t " license or lease which shall have expired he shall be gui l ty of a misdemeanor and shall on convict ion before any Cour t of competent jur isdic t ion be subject to l ine or impr i sonment wi th or wi thout h a r d labor or to bo th a t t h e discret ion of such Court .

30. I f t h e holder of any " Mine r ' s R i g h t " license or lease

issued under t h e provisions of this Act shall by any f raudulent device or contr ivance defraud or a t t emp t to defraud H e r Majesty or any person author ized to receive t h e same of any money or gold payable or reserved by such " M i n e r ' s R i g h t " license or lease or shall conceal or m a k e a false s t a tement as to t h e a m o u n t of any gold procured by h i m or falsify any accounts w i th a f raudulent i n t en t such person shall be deemed gui l ty of a misdemeanor and shall on conviction thereof before any Cour t of competent jur i sd ic t ion be subject t o fine and impr i sonment wi th or wi thout h a r d labor a t the discret ion of such Cour t A n d all officers and servants of such holder and o ther persons whosoever who shall knowingly be concerned in any such fraud or a t t empted fraud whe the r wi th or wi thout t he knowledge or concurrence of such holder shall in l ike m a n n e r be deemed gui l ty of a misde­ meanor and shal l on conviction as aforesaid be liable to a l ike pun i shmen t .

3 1 . N o t h i n g in th i s A c t contained shall be deemed to abr idge

or control t h e prerogat ive r igh t s and powers of H e r Majesty t he Queen H e r H e i r s and Successors in respect of t he Gold Mines and Gold

F ie lds of t h e Colony.

32. Al l proceedings for any in f r ingement of any of t h e p ro ­

visions of th i s A c t or of any of t h e rules established b y t h e Governor wi th t h e advice of t h e Execu t ive Counci l as aforesaid and t h e hea r ing and de te rmin ing of which is no t here in otherwise specially provided for shall be had and t a k e n by or before any two Jus t i ces of t h e Peace in a s u m m a r y way and no such proceedings shall be removed by

certiorari in to t h e Sup reme Cour t .

33 . Eve ry ru l e or regula t ion made u n d e r t h e au thor i ty of th i s

A c t shal l be la id before t h e Legis la t ive Counci l and Legislat ive Assembly wi th in fourteen days from t h e m a k i n g thereof or of t he Governor ' s assent the re to if t h e P a r l i a m e n t shall be t h e n in Session

a n d if no t t h e n wi th in fourteen	days after	t h e commencement of	t h e
nex t Session thereof.

34. A n y person ordered or adjudged to forfeit or pay any fine

pena l ty damages compensat ion or forfeiture a m o u n t i n g to t en p o u n d s

and upwards who shal l feel himself aggrieved by the j u d g m e n t of t he

Local Cour t or any Jus t i ce or Jus t i ces w i t h or w i thou t assessors adju­ dicat ing or before w h o m he was convicted m a y appeal from any such j u d g m e n t or convict ion to t h e n e x t Cour t of General or Q u a r t e r Sessions of t h e Peace which shall be held nearest to t he place where such j u d g m e n t or conviction shall have been given or made and such appeal shall be conducted heard and de te rmined in l ike m a n n e r as by law is or shal l be provided wi th reference to appeals from the j u d g m e n t

or convict ion of Jus t i ces in P e t t y Sessions.