Mineral Lands Act Amendment Act 1899 (WA)

Micotern Cintratia.

ANNO SEXAGESIMO 'IMMO

STICTORVE Rii,GINIE.

nicicsonn,49n59.fll5la5bn: **5o5l*Aln

No. XLVI1I.

AN ACT to amend the Mineral Lands Act of

1892.

[Assented to, 16th December, 499.]

Legislative Assembly of Western Australia, in this present Parlia-	B E it enacted by the Queen's Most Excellent Majesty, by and
ment assembled, and by the authority of the same, as follows:-

with the advice and consent of the Legislative Council and

,. THIS Act may be cited as the Mineral Lands Act Amend-

Short title and

ment Act, 1899, and shall be construed as one with the Mineral	incorporation with
Lands Act of 1892, hereinafter called the principal Act.	55 Viet., 3.

2. THE following amendments are hereby made in the principal

Amendments of 55

Act:— Viet., 3.

In section three, the word " Court," and the definition thereof;

are struck out. Section 3.

The definition of " Crown 'Lands" is struck out, and instead thereof the following definition is inserted: " shall include	Goldfields Act, 1895,
pt. s.

all lands of the Crown which have not been dedicated to any public purpose or reserved by the Governor, or which have not been lawfully granted in fee or lawfully contracted

63" VICTORIX, No. 48.

Mineral Lands.

to be so granted, or which are not held under lease or license, excepting pastoral and timber leases and licenses, and includes all lands situate between high and low water mark on the seashore and on the margin of tidal rivers ;" and

The following definitions are insetted, namely :—" Minerals':

All precious stones and all iriinerals as prescribed by

regulations, but not including. gold ;" and " Person,'

Holder," Owner,' and Lessee' shall respectively include

any body of persons, whether incorporated or not."

Scctio Section five, sub-section one (g) is struck out, and the following is inserted instead thereof:

(q.) To cut and remove any, live or dead timber for

mining or building purposes for his own personal

use from any Crown lands not by law exempted from mining occupation nor within the operation of any proclamation Or notification prohibiting the cutting or removal} of such timber included in any reserve for the; preservation of timber, and to remove any stone or gravel for mining or building purposes from any Crown land.

In sub-section three, all the words after the word " miners" are struck out.

Section 9.	In section nine, sub-section four is struck out.
Section 11.	In section eleven, paragraph ( 4) is struck. out.
Section 12.	In section twelve, the words " within winining district," in the third line, are struck out.
Section 17.	Section seventeen is repealed, and, in place thereof, the follow- ing section is substituted:-

Amalgamation of	" 17. ON payment of a fee of Twenty shillings for each exceed four times the maximum area provided by the regula- tions for the working of the particular Mineral for which the lease has been granted: Provided also, that the labour to be employed on or in connection with such amalgamated leases shall be the sum of the laboin requires by the conditions on each separate lease."
leases.	lease, any number of adjoining leases may be amalgamated, •
See Goldfields Act,
1895, s. 43, amended	provided that the area of the leases so amalgamated shall not
by 02 Viet., 10.

Section 28. Section twenty-eight is repealed, and, in place thereof, the following section is substituted:—

" 28. EVERY person who, not being , the holder of a

mining license, is found working for minerals other than

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Mineral Lands.

gold on Crown lands shall be guilty of an offence, and, on conviction thereof before a Court of summary jurisdiction, shall be liable to a fine not exceeding Ten pounds, and may be forcibly ejected from such Crown lands by the registrar, or his duly authorised officer, or any member of the police force."

In section thirty-one, sub-section ( 0 is struck out, and the following sub-section is substituted therefor :-- Section 31 (i).

" .) The lessee or licensee of any land applied for or held under this Act shall pay compensation for all improve- ments existing on any portion of the land comprised in such holding. In default of agreement the parties shall be deemed to have signed a submission under the Arbitration Act, 1895, dated as of the date of the lease or license, referring the question to two arbitrators, and the compensation shall be paid in accordance with the award under such sub- mission."

In section thirty-two, the first paragraph is struck out, and the Section 32.

following paragraph is substituted therefor :-

c0 In tile event of more than one application being made See Goldfields Act,

for the same land or any part thereof, the applicant who 1895,

shall have first taken possession of mid marked out the land

in accordance with the regulations shall have priority of

title."

The first paragraph of section thirty-four and the next following section 34.

paragraph numbered (i) are hereby repealed, and the

following paragraphs are substituted therefor :—

" When gold is found in any land held under a lease other- See Queensland Act wise than in association or combination with other minerals, (46 Viet., 8), section the land may be dealt with, and leases thereof may be granted 24'

under the Goldfields Act, 1895, and the Acts amending the same as if the land were Crowm lands, and notwithstanding anything contained in section thirty-three of the said Act; and in such case the registrar shall have, in respect of such dealing or lease, all the powers of a warden under the said Act,

" Provided that,—

( .) Any person mining thereon for gold shall not interfere with the workings of the lessee in actual use, and shall not be entitled to acquire any mining tenement in= or upon any mineral lease, except at a distance: beyond two hundred yards from such workings or from the crushing, smelt- ing, or any other works used for the reduction or treatment of minerals.

63" 'V ICTOIllit, No. 48.

Mineral Lands.

See Queensland " In the event of any dispute as to interference or as

Mining Act of 1898,	to what workings are in actual use, or as to what works are
62 Viet., 24, section
36.	used for crushing, smelting, or are otherwise used for the reduction or treatment of such minerals, the registrar within whose jurisdiction the lease is situate shall: decide the matter, and his decision shall be final between the parties."

Consolidated	3.	THE following section shall be inserted after section four :—
Mining License.	" 4x. THE Minister may cause other documents to be issued, each to be called a Consolidated Mining License, and to be in force for one year; and, on the application of the manager or any trustee or trustees of any co-partnership, corporate body, or other legally constituted association of persons who have agreed to work in partnership ally claim or claims registered under the provisions of this Act, such document shall be granted on payment of Ten shillings for each person which the same is to represent."
See Goldfields Act,
1895, s. 15.
Applications for land	4.	FOR the purpose of all applications relating to land not

not within mining

within ally proclaimed milling district, the Under Secretary for

district.

Mines shall be deemed to be a registrar, and the office of the Under

See 62 Viet., No. 16,

sec. 17.

Secretary for Mines ill Perth shall be deemed to be a registrar's

court.

5.      UPON a complaint to the registrar by any holder of a mining

Penalty for non-

working land	license that the land comprised within any lease or application for
leased.	lease under this Act or any Act hereby repealed is not being
See Goldfields Act,	efficiently and continuously worked in the manner and by the
1895, s. 45.	number of ,men as prescribed by the regulations, the registrar shall, in open court, inquire into the matter of the complaint, and may take such evidence therein on oath as shall be tendered by the complainant, or by the person or persons claiming to ; be in possession of such land as aforesaid. If the evidence taken shall disclose that the number of men employed on the said land or solely ill connec- tion therewith is not equal to the number required as aforesaid by the regulations, the registrar may recommend that the lease, or application for lease, as the case may be, shall be forfeited, and the land comprised in such lease or application for such lease may be awarded to the complainant, who shall be allowed fourteen clays from the date of the posting up at the registrar's office of the Gazette containing the notice of forfeiture within which to lake possession and lodge an application for a lease, or occupy the land as a claim in accordance with the regulations. Within seven` days after the hearing of any such complaint upon which a forfeiture is recom- mended, the registrar shall forward to the Minister, for his consideration and decision, the evidence taken in the complaint, together with his report and reconunendation on the case: Provided

63° VICTORDE, No. 48.

Mineral Lands.

that in the case of a first breach of the labour conditions or regulations, it shall be lawful for the Minister to impose a fine as an alternative to forfeiture, and the whole or any portion of such fine may, in the discretion of the Minister, be awarded to the applicant for forfeiture.

AS soon as possible after the Minister shall have decided to refuse, void, or grant any application for a lease, or to refuse to	Minister's decision
notified in Gazette.
approve of the forfeiture of a lease, or to void, cancel, or forfeit ally	Sec Goldfields Act,
lease issued under this Act or any Act repealed thereby, notice of	1895, sec. 48.
such refusal or intention to grant a lease or such non-approval of the forfeiture of a lease, or the voidance, cancellation, or forfeiture of any lease shall be published in the Government Gazette, and such notice in the Gazette shall be prima . facie evidence that such applica- tion was refused or granted, or that such forfeiture was not approved, or that such lease was voided, cancelled, or forfeited, and the land comprised therein open for occupation, subject to the provisions of this Act and the regulations thereunder from the date of the posting up at the registrar's office of the Gazette containing the notice of voidance or cancellation or forfeiture.

6.

7.

THE holder of any lease, claim, or ground taken up for the purpose of mining for minerals shall furnish the registrar with such

Returns of mineral

won to be made.

periodical returns setting forth the quantity and value of the

mineral won as may be prescribed by the regulations.

SECTIONS thirty-seven, and from thence to the end of the principal Act, are hereby repealed, and the following sections are	Sections added to
55 vier, 3.
added:—

8.

" 37. UT shall be lawful for the Governor to establish, by Establishment of

proclamation, in any mining district; or in any division	registrar's court.
thereof, a court to be called the registrar's court, to be presided	See Goldfields Act,
over and holden by a registrar, and every such court shall be	1895, s. 49.
a court of record, and shall possess Such jurisdiction as is hereafter conferred, and be held at such places as the Governor may appoint.

Fon every court there shall be a seal, and all summonses, certificates, warrants, and other process issued by

Seal of court.

Ibid., s. 50.

the registrar or the clerk of the said court shall be sealed or

stamped with such seal."

" 38.

" 39. EVERY registrar shall have and exercise jurisdiction Extent of jurisdic-

in respect of the matters hereinafter contained throughout

tion of registrar.

-Western Australia, with power to issue summonses, warrants,

Ibid., s. 51

or other process, which shall have legal effect and operation

throughout the said Colony.

63° VICTORIZE, No. 48.

Mineral Lands.

Jurisdiction of regis- " 40. EVERY such registrar's court shall have original juris-

trar's court.	diction to hear and determine all actions, suits, claims, demands,
Ibid., s. 52.	disputes, and questions arising wholly or in part within the district, and cognisable by a court of law or by a court of equity, relating to any of the follovVing matters:—

The claim of any person to the possession or occu- pation of any Crown land by virtue of a mining license or of a mineral lease, or to cut, construct, use, possess, occupy, or hold any interest in any race, drain, dam, well, reservoir, or water-bore for mining or other purposes.

(1.)

(2.) The claim of any person holding a mining license to recover any land, race, drain, dam, well, reservoir, or water-bore alleged to have been abandoned or forfeited under this Act or regula- tions thereunder, and to the mesne profits thereof.

The claim of any person to the use, enjoyment, or sale of any water by virtue of a mining license, or to the priority of use and enjoyment as against any other claimant of water taken, diverted, or used, or claimed so to be under this Act or the regulations.

(3.)

Any encroachment or trespass upon, or unlawful interference with or injury to any such land, race, drain, clam, well, reservoir, or water-bore as aforesaid, or unlawful interference with or injury to any machinery thereon ; any diversion or abstraction of water possessed or used under a mining license ; the unlawful ouster or exclusion of any person from any share or interest in any such land, race, drain, dam; well, reservoir, water-bore, or water, and the damages and compensation for any such encroachment, trespass, ouster, diversion, abstraction, interference, or injury.

(4.)

Any claim for debt or damages, or both, arising out of or made in respect of any contract or agree- ment whatsoever relating to mining or to any holding, share, or interest authorised by tins Act or the regulations, or the sale of or transfer of any claim, lease, or other authorised holding in connection with mining.

(6.) The specific performance of any contract or agree-

ment relating to any lease, claim, or authorised

63" VICTORIIE, No. 48.

Mineral Lands.

holding, or of any share or interest therein

respectively.

(7 ) The claim to any mineral in, or to be taken out of any land occupied or held under this Act or the regulations, and any matter concerning or arising out of any contract relating to such mineral.

(8.) Concerning or arising out of any partnership for or in relation to mining for mineral on any Crown land occupied or held as aforesaid, or any partnership in any such land, or in any race, drain, dam, well, reservoir, water-bore, water, or mineral or concerning or arising out of any contract for, or in connection therewith, or for the dissolu- tion, wholly or in part, of any such partnership, or which may arise between tenants in common or joint tenants in and in relation to any such land or water, or any share or interest therein.

(9.) Concerning contributions to calls or to the expense of working or using any such land, race, drain, dam, well, water-bore, or reservoir, or any share or interest therein.

(1 o.) Concerning, or out of any mortgage, assignment, or lien, by way of security of or charge upon any such land, race, drain, dam, well, water-bore, reservoir, water, or mineral vested in any person, whether the holder of a mining license or not, or any share or interest therein, or in a partner- ship therein.

(1 I.) Concerning the cancellation and delivery up of instruments relating to mortgage charges or incumbrances of or upon any such land, race, drain, dam, well, Water-bore, reservoir, water, or mineral, or any share or interest therein, or to any assignment of such mortgages, charges, and in- cumbrances, or to any contract respecting the working or use of,`; for mining purposes or other- wise, in relation to Mining or respecting the using of any such reservoir, race, drain, dam, well, water-bore, or water, or respecting or in connec- tion with any partnership for mining, or in any such land, race, 'drain, clam, well, reservoir, water-bore, water, or mineral, or respecting the dissolving in the whole or in part of any such partnership.

63° VICTORIA], No. 48.

Mineral Lands.

(12.) Concerning the ascertainment and adjustment of boundaries of land applied for, held, or occupied under this Act, or the regulations where such boundaries shall be in dispute or be confused or doubtful.

(13.) To hear and determine all suits concerning any Crown 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 license, and of which the defen- dant is and claims to be entitled to be in possession ; ally trespass upon any such land of which the complainant is in and of which he claims a right to occupation Or possession under such license ; any money claimed to be due to the complainant upon any Mining partnership adventure or interest, and the recovery of any sum of money which any person shall be liable to pay under this section and for which no other mode of recovery is hereby provided.

(14.) And generally all questions and disputes which may arise in relation to mining and the occupa- tion of areas in a mining district.

And the jurisdiction hereby conferred shall extend to cases where the claim or title of either party to a suit is derivative by assignment or otherwise, as well as to where the same is original ; and in all cases of debt or contract wherein the amount claimed shall not exceed Two :hundred pounds the decision of the registrar's court shall be final and without appeal."

Proceedings before "41. EVERY proceeding in a registrar's court shall be

registrar, how to be	commenced by a plaint and summons in such form as may be
commenced.	provided by the regulations, and every such summons shall
Ibid., s, 53.	be issued by such registrar or his cleric upon the application of any complainant, and shall be filled up according to the nature of his case and so as to show the substance of the facts con- stituting the cause of complaint, and shall require the defendant to appear before the registrar's court on a day to be named in the summons; and upon the day so named or upon an adjourned day of hearing, and upon proof of such service or substituted service of the said summons as the registrar shall think sufficient, the court shall proceed to investigate the matter of such complaint, and in the presence of all the parties interested, or such of them as shall appear to him sufficiently

63° VICTORIA, No. 48.

Mineral Lands.

to represent all the parties interested, or in the absence of any of the parties interested who, having been duly served with such summons, shall not appear, shall hear, receive, and examine evidence and determine such complaint in a summary way, with full power to adjourn the hearing of such complaint to any other time or place, and to make all such amendments in any proceedings in such court as may be necessary for the purpose of determining the real question in controversy between the parties: Provided that before any such summons as aforesaid shall be issued, the prescribed fee shall be paid by the complainant to the registrar or his clerk, and the said fee shall be deemed to be a part of the costs of the hearing."

"dl. No•wrrustANDINo the provisions and requirements of the last preceding section, it shall be lawful for the	Summary hearing
of complaints.

registrar, in his discretion, and if the parties concerned shall

s.

consent thereto, to hear and determine any such complaint (not including a money demand or for damages) summarily, and without requiring; any formal proceedings to be taken in a registrar's court : Provided always, that both parties to the complaint shall be present at such hearing; and the decision of the registrar shall, in every such case, be final and con- clusive, and a. minute thereof shall be made by him in the register of complaints hereinafter mentioned."

" 43. .) WftEx the hearing of any complaint shall involve the trial of a right to any lease, claim, business area,	Jurisdiction of
registrar's court as
or other authorised holding or share therein respectively, or	to place.

any money due in respect thereof, or in any way connected

s.

therewith, the same shall, subject to the provisions next hereinafter contained, take place in the court for the district in which such lease, claim, business area, or other authorised holding is situate : Provided that if the registrar shall be satisfied that any cause or matter pending in any one court has been erroneously brought before such court, or could be more conveniently dealt with in any other court, he may order the clerk of the court to transmit a copy of the record of the proceedings to :the clerk of such other court, and to give notice thereof to the parties, and immediately upon the receipt of any such transmitted record the clerk of the court receiving the same shall give notice thereof to the parties, and appoint a day for the further hearing or other consideration of the cause or matter, and. the same shall be heard or considered accordingly.

"(2.) Where any doubt shall exist as to the exact position of any lands the subject of any proposed dealing in the	In case of doubt
application may be
made to nearest

office Registrar.

63° VICTORUE, No. 48.

Mineral Lands.

office of a registrar, or his clerk, it shall be lawful for the applicant, having in all other respects complied with the regulations, to make application at the nearest office of the registrar or registrar's clerk to such lands. Where, after survey, it is ascertained that any lands the subject of an application are situate partly within the boundaries of any two or more districts or divisions thereof, such lands shall be deemed to be within the district of the nearest registrar.

Register of cont.	" 44. EVERY registrar shall cause a register of complaints with the names of the parties thereto, the nature of the relief sought, and, where the claim is for money, the amount sought to be recovered ; and every one of such complaints shall be numbered consecutively every year according to the order in which it shall be entered."
plaints.	to be kept, in the form of the Schedule hereto, in which
/Md., s. 56.	shall be entered every complaint laid before him, together
Schedule.
Payment into court.	45. IT shall be lawful for the defendant in any case in the said court, at any time before the hearing thereof, to pay into court the amount claimed, together with the costs incurred by the complainant up to the time of such payment into court, and to give notice thereof to the complainant or his attorney ; and the same shall, be paid to the complainant, and, after such payment, no other proceeding shall be brought in any court in respect of the demand in satisfaction of which such amount shall have been so paid."

s. 57.

Payment to regis-	" 46. ANY defendant in any case in the said court whereby any time before the hearing thereof, pay into court such sum of money as he shall think a full satisfaction for such demand, together with the costs incurred by the complainant up to the time of such payment to be given to the complainant or his attorney ; but if the complainant shall elect to proceed, and shall recover no further sum in respect of such money demand than shall have been so paid to the registrar, he shall pay to such defendant the costs incurred by him in the said proceedings after such payment, and the registrar may decree the same accordingly."-
trar of less than the
demand.	a debt or money demand is sought to be recovered, may, at
Ibid., s. 58.
Complaints not to	" 41. No complaint shall be dismissed by any registrar's summons itself, or in the entry thereof, nor shall any objec- tion be taken or allowed to any such summons or complaint for any alleged defect, or misnomer, or inaccurate description
be dismissed for
informality.	court because of any informality either in the plaint or

s. 59.

Adjournment. of any person or place, or on the ground that the complainant shall appear at the hearing of the summons to be entitled to

63° VICTORIIE, No. 48.

Mineral Lands.

different relief from that which is sought thereby or therein, or for any variance between such summons and the evidence adduced on the part of the complainant ; but such summons shall be amended by the registrar so that the subject matter in dispute between the parties shall plainly appear, and the registrar's court shall proceed to adjudicate according to the rights of the parties: Provided always that if it shall appear to the registrar, upon the hearing of the case, that the defen- dant has been thereby deceived or misled, and that injustice would be done by proceeding at once With the case, it shall be lawful for the registrar, on such terms as to costs or other- wise as he shall think fit, to adjourn the further hearing of the case to some future day."

"48. AFFIDAVITS to be used in any registrar's court or Who may take

before a registrar may be sworn before:the registrar, or before

affidavits.

any Judge of the Supreme Court, or any commissioner of that

See Ibid., s. 60.

court for taking affidavits, or before any warden, registrar, or

Justice of the Peace."

A MINUTE of every decision of a registrar's court shall, on the day of the pronouncing thereof, be entered by criescioldd.uoefCourt to

"49.

be recorded.

such registrar in the register to be kept as hereinbefore pro-	Ibid., s. 61.
vided, and such registrar shall make an order in accordance	Schedule.
with such decision, and enter the sal* in the said register under the said decision, and such ;decision, with the said order so underwritten, shall be signed by the registrar, and no formal order or other record of such decision shall be necessary. A copy of such minute or order shall, on demand, be given by the registrar's clerk, or other authorised officer, to any of the parties interested therein and the decision of the court shall be binding and conclusive on all parties, unless in cases where, on appeal therefrom, the same shall be varied or reversed, and a document purporting to be any such copy, certified by the registrar as a true copy, shall at all times be admitted in all courts and places whatsoever as conclusive evidence of such decision or order having been given or made."
" 50. EXCEPT in disputed applications for a lease, or applications for the forfeiture of a ]ease, or application for a	Registrar shall
state special ease.
lease, in any proceeding before a registrar's court, it shall be	Ibid., s. 02, as
lawful for the registrar, and he shall, on the application of	amended by 62
either party to the complaint, or ifhe himself shall think fit,	Viet., 16.
reserve any question in the form . of a special case for the opinion of a Judge of the Supreme Court, and in such case no order shall be made in respect; of any matter on which such question shall have been reserved until such opinion

63° VICTORIAE, No. 48.

Mineral Lands.

shall have been given: And every such special case shall, after it shall have been prepared by such registrar, be trans- mitted to the registrar of the Supreme Court, who shall cause the same to be set clown for argument before a! judge, whose opinion, when given, shall be drawn up and transmitted by the said registrar to the said mining registrar, who shall make

On reservation of a	his order in accordance with such opinion: 'And whenever
special case all in-	any such special case shall have been reserved it shall be
junction, etc., may
be had on terms.	lawful for the registrar, on the application of any of the parties interested in such case, to make any such order for an injunction or receiver or payment of money into court and upon such terms as such registrar shall think proper or otherwise."

"51. NOTWITHSTANDING any of the provisions herein-

Mineral may be

ordered to be given	before contained, it shall be lawful for such registrar, if he
up in payment.	shall think fit, at the time of the making of any decision
Ibid., s. 63.	under this Act or the regulations, to order that any mineral in the possession of and belonging to :the party by whom payment of any sum in respect of any suCh debt, damages, or costs shall be ordered, to the extent in value of such sum (such value to be fixed by such court), shall be delivered up to the party entitled to such sum by way of satisfaction or in part satisfaction thereof : Provided that as to the balance the procedure herein otherwise provided shall apply."

"52. IT shall be ]awful for anyi registrar, upon the

Registrar may

authorise entry on	application of any person claiming to be legally or equitably
adjacent claim.	interested in any claim, or in any land applied for as a
Ibid., s. 61.	lease or comprised in any mineral lease or in any other land adjoining any claim or land comprised as aforesaid, by writing under the hand of such registrar, to authorise the applicant, together with a mining surveyor, his assistants, or some experienced miner, to enter upon any claim or land (whether at the time of such application alienated from the Crown or not, if any mining operations shall be then carried on on such land) adjoining such first-mentioned claim or land or other land for the purpose of ascertaining :Whether the owner or occupier of the claim or land so to be entered upon is encroaching on such first-mentioned 'claim or land or other laud."

Powers given to	" 53. IT shall be lawful for the persons so authorised to
carry out order in

last preceding sec-	enter upon the claim, lease, or land described in such order
tion.	as last aforesaid, and to descend any :shaft or mine, and to
Ibid., s. 65.	make the necessary surveys, and for such purpose to use the engines and other machinery ordinarily employed for that purpose by the persons whose shaft or mine shall be

63" VICTOMIE, No. 48.

JLi,eral Lands.

descended, and to make such plans and sections of the claim. lease, or land entered upon. and any of the drives or other works therein as shall be necessary for the purpose aforesaid: And every such surveyor and the other person or persons named in such order shall. before entering on such claim. lease, or land. make a statutory declaration before such registrar (who is hereby authorised to take the same) that he, the said surveyor, and the other person or persons will not (except as witnesses in a court of justice), without the consent, in writing, of the owner, lessee, or occupier of the claim, lease, or land to be entered upon. divulge, or cause to be divulged, to any person whomsoever, any information obtained upon or by such entry. save only as to whether such owner or occupier is encroaching On such first-mentioned claim, lease, or land."

"o4. (1.) IT shall be lawful for; any registrar, upon the Registrar may grant

application of any person claiming ft) be legally or equitablvt _fl,,ttheiononnotice.

interested in any land. lease, claim, water-race, drain, dam, Ibid., s. till.

reservoir. or easement or water-bore to hear, receive, and

examine evidence, and therenporrt if the registrar in his

discretion shall think fit, and upon )3rtch terms, if any, as he

may consider just. by order under .t his hand, to enjoin any

persons named in such order from encroaching upon, occupy-

ing, using, or working such land lease, claim, water-race,

drain, dam. reservoir, or easement or wate•-bore, or from

seeking for, washing out, winning extracting, or removing

any mineral taken from such land, or from selling: or disposing

of or damaging or otherwise interfering with such land, lease.

claim, water-race. chain, clam, reser•oir, easement, or water-

bore, or mineral, or any share or interest therein respectively,

or from doing any act whereby the fright, title, or interest of

such applicant in or to the same might be affected ; and every

such order shall be :n force for ?such : period as shall be

named therein unless the same shall be sooner discharged by

the registrar making the same, or hy some court of competent

j urisdiction. "

"(2.) Such application shall be made on notice served twenty-four hours at least before rile time for the making thereof on the parties interested in opposing the same, or such of them as shall appear to such registrar sufficiently to represent the parties so interested, Pr upon such of them as such applicant can. by using: reasonable diligence or means. in the opinion of such registrar, serve with such notice, and in the presence of such parties or shell of them as aforesaid, or in the absence of any of them upon whom service of such notice shall be proved to the satisfaction of the registrar."

63° VICTORIA, No. 48.

Mineral Lands.

" (3 .) Provided that if the registrar shall be satisfied that reasonable attempts have been made to serve notice on the parties aforesaid without success, it shall be sufficient service of any such notice if the same be advertised in some news- paper published in the district or, if none ; then by causing such notice to be posted at the registrar's office."

Registrar may 55. IF by reason of the pressing emergency of any

grant injunction	particular case it shall seem proper to the registrar so to do,
for seven (lays with-
out notice.	he may, on the application of any such person as aforesaid, but without any notice as aforesaid, by order under his hand,
Ibid., s. 67.	grant such injunction as aforesaid, but to be in force for a period of seven days only, inclusive of the day upon which such order shall have been made, or until the registrar shall sooner discharge the same: And no subsequent order for an injunction shall be made for the same cause under this section, but any person at whose instance any injunction shall have been granted under this section shall be at liberty at any time before the expiration of the said period of seven days, as well as thereafter, to apply, under the provisions of the last preceding section, for an injunction for any longer period."

Injunction to be " 56. UPON the granting of any injunction relating to

notified to Minister.	any lease, as provided in the last two preceding sections, the
Ibid., s.	registrar shall at once notify by telegraph, or if there shall be no telegraph, by letter, to the Minister of Mines the fact of such injunction being granted; and the particulars thereof ; and on receipt of such notification, a. note of the injunction being granted shall immediately be made in the register of mineral leases."

13eneficiary may " 51. ANY beneficiary or other person claiming any

enter eaves!.

estate or interest in a lease or land applied for as a lease

bid .,s. 69.

may, subject to the regulations, register a caveat against

dealings with the said land."

Enforcing orders " 58. THE registrar's court shall, as regards all matters

and decisions of	and proceedings within its jurisdiction, for the time being,
registrar's court.	and for the purpose of enforcing the decisions and orders

s. 70. of the court, have power to grant, and shall grant in any proceeding before such court, such relief, redress, or remedy, or combination of remedies, either absolute or conditional, in as full and ample a. manner as might and (night to be done in the like case by the Supreme Court."

Interpleader. " 59. Iv any claim shall be made to or in respect of any

Goldfields Act, 1.895,	goods or chattels taken in execution under any process
s. 78.	issued by a registrar, or in respect of the proceeds or value

63" VICTORLE, No. 48

Mineral Lands.

thereof by any person not being the party against whom such process shall have issued, it shall be lawful for such registrar, upon application to the officer charged with the execution of such process, as well before as after any action brought against such officer, to issue a Summons calling before such registrar as well the party issuing such process as the party making such claim, and thereupon any action which shall have been brought in any court in respect of such claim shall be stayed, and the court in which such action shall have been brought, or any magistrate or judge thereof, on proof of the issue of such summons, and that the goods and chattels were so taken in execution, May order the party bringing such action to pay the costs of all proceedings had upon such action after the service upon him of such summons issued out by the registrar ; and the registrar shall adjudicate upon such claim and make such an order between the parties in respect thereof and of the costs of the proceed- ings as to it or him shall seem fit ; and such order may be enforced in like manner as any order made in any suit brought or any proceedings before such registrar, as the case may be."

" 60. ALL lands held under a mining license, consolidated L'ost held under

mining license, business license, or mineral lease, shall, on miming license

s. 70. -the death or bankruptcy of the holder or holders thereof,

devolve on Ills or their personal representatives, or assignee or trustee in bankruptcy, and shall .be liable to seizure and sale under any execution issued from the Supreme Court, any local court, registrar's court, warden's court, or any other competent court in the said Colony: And the proper officer appointed to sell the same shall hate full power to give an effectual transfer of the interest sold by him."

" 61. Wuiw any sum of money shall be awarded in a 1, 10/7

reg i strar's court by way of debt, damages, or costs or other- hr,.:;,,,r;:',",(d1,1,i;,ts

wise, and the same shall not be forthwith paid, the registrar,

I bid., s. So.

on the application of the person entitled to receive such sum, or of any attorney on his behalf, shall grant to the party so applying a writ of execution under his hand ; and any bailiff of a. registrar's court or local court to whom such writ shall be delivered for execution, and all constables and other peace officers within their several jurisdictions shall do and perform all things in respect of such writ which such bailiff, con- stables, and peace officers are regnired to do and perform in respect of a warrant or writ of execution issued out of a local court in the case of the non-payment of money under a judgment of such court; and every such bailiff may, by virtue of such writ, seize and take such property, awl dispose thereof

63° VICTORIX, No. 48

Mineral Lands.

in the manner in which he could seize, take, and dispose thereof by virtue of a warrant issuing,' out of a local court, and shall have the same powers in respect of the sale and. dis- posal of such property, and do- and execute all duties in respect thereof as are by law conferred and imposed on the bailiff of a local court, upon a warrant issued therefrom. Provided that no such writ shall, except upon special cause shown to the satisfaction of the registrar, be issued until after the expiration of seven days from the day on which the decision under which such sum of money was awarded shall have been made."

Allowance and " 62. IT shall he lawful for the registrar, in all proceedings

taxation of costs.

before him, in his discretion to give or refuse to either party

Ibid., s. 81.

the costs of the suit, hearing, or other proceeding, or any part thereof, and in case of giving them to give them in his dis- cretion as between the parties. The registrar shall tax the costs of such suit, hearing, or proceedings to be paid by either or any of the parties, and such taxed costs shall form part of the decree or order of the registrar's court, and in default of any special direction each party shall pay his own costs."

Penalty on wit- " 63. ANY person on whom any summons issued by any

nesses neglecting	registrar requiring such person to appear as a witness in
to appear.	court or before such registrar shall have been served personally
mid., s. 82.	or in such other manner as shall be directed by the regula- tions, and to whom at the same time payment or tender of his expenses shall have been made on they fixed scale, and who shall refuse or neglect, without sufficient cause, to appear according to the tenor of such summons, or who, having so appeared, shall refuse to be sworn or answer any lawful question, shall, on conviction thereof before the registrar, forfeit and pay any sum not exceeding Ten pounds, and in default of immediate payment thereof he shall be liable to imprisonment in the nearest lock-up for any period not exceed- ing- one calendar month, unless, in the meantime, the whole amount shall have been paid ; and the order in writing of the said registrar shall be sufficient authority to the keeper of the said lock-up for the detention of the offender, but no such conviction shall exempt such person from any proceeding for disobeying such summons."

" 64. IT shall be Lawful for any assignee, executor, or

Minors and repre-

sentatives may sue.	administrator to sue and be sued in the registrar's court, or
Ibid., s. 83.	take any proceedings by way of appeal or otherwise in like manner as if he were a party in his own right.: And it shall be lawful for any person under the age of. twenty-one years,

63° VICTORLE No. 48.

Mineral Lands.

being the holder of a mining license, to sue and be sued in the registrar's court or before a registrar in the same manner as if such person were of full age."

" 65. EVERY person working for wages shall have a lien Lien for wages.

upon the claim, lease, or authorised holding whereon he shall

Ibid., s.

have been employed, for three months' wages, to be enforce- able in the manner to be prescribed by the regulations: Provided always, that within twenty-one days from ceasing to work on any such claim, lease, or authorised holding, such workman shall register his lien in the prescribed manner with the registrar of the mining district in' which the claim, lease, or authorised holding is situate, and iii clef ault the lien shall be deemed to have been abandoned.

APPEALS.

" 66. ( II, either party to any complaint or proceeding

in a registrar's court shall be dissatisfied with the decision of	Appeals.
the said court, where such decision is not hereby declared to	Ibid.. s. SG.
be final, and whether such decision , be a dismissal of the case or otherwise. such party may appeal from the same to the Supreme Court in Banco on any question of law, or upon the admission or rejection of any evidence ; and in any such case proceedings may be stayed upon such terms as the registrar shall think fit until such decision shall have been given. Such appeal shall be in the form of a case agreed on, and signed by both parties or their solicitors:: and if they cannot agree, the registrar on being applied to by either of the parties, or their solicitors, at the expiration of fourteen days from the hearing, ‘shall settle a case and sign it.

Every case -for appeal, after it shall have been signed as aforesaid, shall, together with a 'certified copy of the evidence taken in the registrar's court, be transmitted by the registrar to the registrar of the Supreme, Court: Provided that the party so appealing shall, within; seven days from the hearing in the registrar's court, give to the other party, or Ins solicitor, and to the registrar la notice, in writing, of such appeal, stating clearly the grottuds of his appeal, signed by the appellant or his solicitor. The appellant shall also deposit in the hands of the registrar or his cleric such sum as the registrar shall direct tO answer the costs of appeal if such appeal be dismissed.

(2.)

(3.) At the trial or hearing Of any complaint or proceeding in a registrar's court, where the decision of the court is not hereby declared to be final, the registrar, at the request of either party, before the decisfon is delivered, shall make a note of any question of law raised at such trial or hearing,

63° VICTORIA; No. 48 9

Mineral Lands.

and of the facts in evidence in relation thereto, and shall state in writing the decision on such questions and facts and the decision of the complaint or: proceeding. Any party to a complaint or proceeding shall, upon payment of a sum not exceeding threepence per folio Of seventy-two words, be entitled to a copy of the notes of evidence taken by the registrar, and of the note of any questions and facts raised and found (if any), and of the decision thereon."

Decision of court on " 67. As soon as the decision of the Supreme Court in

appeal.	Banco shall have been given on any appeal, the registrar of
Ibid., s. 87, as
amended, 62 Viet.,	the 'said court shall cause the same to be transmitted in due
16.	form to the mining registrar, who :shall make his order in accordance with the decision of the said court on such appeal."

Decision may be " 68. AFTER any appeal against the decision of any

enforced.	registrar shall have been determined, and the decision of the
Ibid., s. 88, as	Supreme Court in Banco recorded as the decision or order of
amended, 62 Viet.,
16.	the registrar in the registrar's court, it shall be lawful for any registrar to proceed to enforce such decision in the same manner as such registrar might have clone if no such appeal had been brought."

PENALTIES, FORFEITURES, ETC.

Penalty for not	"65-i IF any person shall be found by the registrar or mining license or mineral lease under this Act, or any Act hereby repealed, such person shall be liable for every such offence to a penalty not exceeding Ten pounds, and shall be deemed to have abandoned the claim or other authorised holding of which lie may be in possession, and such claim or holding shall and may be dealt with as an abandoned claim or holding: Provided that this section shall not apply to any person working in any claim, lease, or other authorised holding for wages."
having a mining	Ins duly authorised officer to be engaged in mining on any
license.	Crown land, not being the holder of an unexpired or valid
Ibid., s. 90.

Penalty fop not " 70. IF any person shall be found by the registrar or

having a business	his duly authorised officer to be engaged In carrying on any
license.	business other than mining on any Crown land, not being
Aid s s. 9 L.	the holder of an unexpired or valid business license under this Act or any Act hereby repealed, he shall be liable for every such offence to a penalty not exceeding Ten pounds, and the forfeiture of any business area he may be occupying or be in possession of; in the discretion of the registrar."

63° VICTORIIE, No. 48.

Mineral Lands.

" 71. ANY Asiatic or African alien found mining on any Asiatic 0, Africa„

Crown land shall be liable for every such offence to a penalty alien prohibited.

not exceeding 'fen pounds, and the registrar shall., in his Ibid., s. 92.

discretion, cause such person to be removed from any mining

district, and whether such person has or has not been

prosecuted for an offence against the provisions of this

section.-

" 72. Wit EN EVER ally registrar's court or registrar is Mode of enforcing

empowered or required by this Act or the regulations to

registrar's order

where not specially

cause ;my act to be performed, and the mode of performing

provided tor.

such act is not otherwise expressly provided for, it shall be

Ibid., s. 93.

lawful for any person verbally authorised by the registrar, and in his presence, or of any constable or peace officer authorised, in writing, under the hand of such registrar, to perform such act, and all constables and peace officers shall, if thereunto required, aid and assist any registrar or person authorised as aforesaid in the performance of his duty under this Act and the regulations."

IT shall be lawful for any person in custody, under any order of commitment made under this Act or the	Party imprisoned
may be discharged
regulations, upon giving reasonable notice to the person (o•	by magistrate oflocal court or Judge
to one of such persons if more than one) on whose application	of Supreme Court.
such order was granted, or if such person or one of such per-
sons cannot be found, to the registrar by whom such order	Ibid., ss. 91.
was made, to apply in a summary way, on affidavit, to the magistrate of any local court, or of a Judge of the Supreme Court, for his discharge, and it shall be lawful for such magistrate or Judge, in his discretion, and on such terms (if any) as he shall think fit, by order under Ins hand, directed to the gaoler or other person in whose custody such applicant may be, to direct that such applicant shall be discharged, and such applicant shall be discharged accordingly : Provided that when such order of commitment shall have been founded on any previous decree or Order, it shall not be lawful for such magistrate or Judge of the Supreme Court, upon such application, to inquire into i the merits of such previous decree or order."

" 73.

" 74. IF any person shall forge any mining license, con, 1,„ lath. for cro

sohdated mining license, : or any lease, license, or permit olrems:s.

issued or purporting to belissued under the authority of this	Ibid., s. 95.
Act or the regulations, or 'fraudulently use, utter, or exhibit any such forged mining license, consolidated mining license, lease, business license, or official receipt, knowing the same to be forged, such person shall be guilty of a misdemeanour, and

63° VICTORLIE, No. 48.

Mineral Lands.

shall, on conviction thereof, be sentenced to imprisonment, either with or without hard labour at the discretion of the, court, for ally period not exceeding twelve months."

Penalties on regis- " 75. IF any registrar, registrar's clerk, or mining surveyor

tra • and other	shall, at any time during his appointment, hold any interest
officers.	or share in any claim or mineral lease. or mining adventure, or
Ibid., s. 96.	if any registrar adjudicates in any matter in which he shall have any pecuniary interest, the person so offending in any such case shall be guilty of a misdemeanour, and be liable to fine or imprisonment, or both, in the discretion of the court." •

76.      ANY person who shall Wilfully and corruptly, exact,

Penalty for extor-

tion.	take, or accept any fee, sum, or reward whatsoever other
Ibid., s. 97.	than and except such fees or sums as are or shall be lawfully appointed or allowed fora or on account of, anything done under the authority of this Act, shall be liable, on conviction thereof before two Justices of the Peace, to a fine not exceeding Fifty pounds, and in default of imme- diate payment thereof to imprisonment, with or without hard labour, not exceeding six calendar months."

77.       AN 1" person who assaults, obstructs, or resists any

Assault on registrar

and other offences.

registrar, or any person duly math:nisi-id by any registrar in law-

Ibid. s., 98.

fully entering upon any lease, (Ailing or other authorised holding, or in performing any other act authorised hereby, or any bailiff or other officer, or any clerk or assistant of such bailiff or officer, or any inspector or other person in the performance of his duty, or in the exercise of his powers under this Act, or any person who, after being removed by any registrar, tinder the provisions of this Act," from any lease, claim, or other authorised holding, who forcibly or clandestinely retakes or retains, or endeavours to retake or retain possession thereof or of any portion thereof, or of any share therein, or who, after any decision of a warden 'that any complainant is entitled to use for mining purposes or to divert any water, resists such complainant or his agents in such use or diversion, or who upon or in consequence of the decision of any registrar's court against him; assaults or threatens to assault any person in whose faV01 • such decision has been made, shall, on conviction thereot before any two justices, forfeit any sum not exceeding Fifty pounds, and in default of payment, shall be liable to be inffirisoned for any period not exceeding six months."

78.     (1 .) THE Governor may from time to time make,

Power to make

regulations.

alter, and repeal such regulations fas may be necessary for

Ibid., s. 99.

the purpose of giving effect to this. A ct, and for the manage-

ment of mining districts generally.

63° AT ICTORLE, No. 48.

Mineral Lands.

Such. regulations may be made for the whole Colony or for ally particular part thereof, : and shall be published	Regulationsbe
pa, 1ere. e::leZt I.
in the Government Gazette. awl after publication therein shall
To be pAblished and
have the force and effect of law, and shall be judicially	have effect of law.
noticed in every court of justice. , Copies of all regulations
made under this Act shall be laid before both Houses of
Parliament within fourteen days from the making thereof,	To be laid before
if Parliament shall be then in session, and if not, then	Parliament.
within fourteen days after the commencement of the next session thereof ; and such regulations shall, in so far as not disallowed by Parliament. be deemed to be within the powers conferred by this Act. and to have been legally and properly made.

(2.)

Such regulations may impose for any breach thereof, or for any disobedience of a lawful order of a registrar or of	Penalties for breach
may be imposed.
the registrar's court, a fine not exceeding Ten pounds, and in delimit of payment. imprisonment with or without hard labour for any period not exceeding three months.-

(3.)

" 79. AN y person who infringes any regulation made Penalty for breach

under this Act for the infringement whereof no penalty is	of regulation not
prescribed shall, on conviction thereof, be liable to a penalty	for.
otherwise provided
not exceeding Ten pounds."	Ibid., s. 100.

" 80. ALL fees, charges, and sums of money which shall Fees, penalties, etc.,

or may be imposed or made payable muler this Act, and all	how recoverable.
penalties incurred thereunder or under the regulations, for	Ibid., s. 102.
which no other mode of recovery is provided herein, or by the regulations, may be recovered or enforced by any registrar in the manner in which Justices of the Peace are now by law authorised to enforce any order or award made
iu any Court of petty sessions."

9.

THE holder of any mineral lease issued under the provisions of this Act, or any Act hereby repealed, and the executors, adminis-	Surrender of lease.
See Goldfields Act,
trators, or assigns of such holder shall be entitled at any time, with	1805, section 41.
the consent of the Minister, to stirrende • the said lease ; and any
such mineral lease may, with the like consent, be renewed, provided that every such renewed lease shall be for the like term, and subject to such rent, covenants, conditions, reservations, and exceptions as may be prescribed by any Act or ,1Regulations for the time being in force regulating the management of mining districts.

(i .) THERE shall be kept at the office of the registrar of each mining district, or division' thereof, a complete record of all	Record:, to be kept.
See Goldfields Act.
leases, claims, transfers, liens, or other dealings or matters connected	1895, section 11.
with any lands situated within , the mining district or division

10.

63° VICTORIZE, No. 48.

Mineral Lands.

thereof, and all acts, matters, and things required by this Act to be done, and all notices or other process required to be served at or issued out of the office of the registrar in connection therewith shall be sufficiently done, issued at, or served, if done, issued, or served at or out of the office of such registrar. There shall also be kept in the office of the Minister of Mines, in Perth, in respect of each mining district or division thereof, a register to be called The Register of therefor and transfers thereof, and Onf any share or interests thereinMineral Leases, wherein shall be registered all leases and applications

respectively, and all liens, charges, and other dealings and transactions

relating thereto.

I bid. (2.) No transfer of any lease, or of any share or interest therein, nor any lien, charge, or other dealing o• transaction relating thereto respectively, shall, until registered as aforesaid, be effectual to pass any share or interest in any such lease or render the same liable to any charge or encumbrance.

In the name and on behalf of the Queen 1 hereby assent

to this Act.

GERARD SMITH, Governor.

No. of Complaint. Date of Complaint.

Name.

Address.

Name.

ti

GC

CI	Relief sought.	C
Amount of Demand.	t.7.

o

Decision. :-.-1

I	r
i	-,1;

.

Date when and name

of person to whom I ot.

writ granted. granted.

' Date of injunction or

other order iaa snit.

â emonuldum.

ch7.;

c.

it	Date of notice of ap- '
z	Peal (if any) received
c-,	by the Registrar.
;	.3.
General remarks, etc.,

by the Registrar.