The Gold Fields Act of 1861 No 29a (NSW)

No. IV.

Gold PiEr.ps. Act to aiiiencl the Laws relating to the Gold

Fields, \22nd Novemher, 1861,]

Pi-eamlile. \ \ 7 IIEREAS it is expedient to amend the Laws relating to tlie

Gold I'helds Ee it thei’efore enacted by the Queen’s Most Excellent Majesty hy and with the advice and consent of the Legis­ lative Council and Legislative Assembly of New South Wales in Par­ liament assembled and by the authority of the same as follows :—

TT

Repeal of 20 Vic.

No. 29.	1. From and after the commencement of this Act the Act twentieth A’ictoria nmnber twenty-nine shall be repealed except in so far as the same relates to or affects persons who shall mine or employ any person to mine for gold in any land belonging to a private indi­ vidual without the consent of the owner thei'eof or his duly authorized agent.
Proviso.

luterprefatioii. 2. In the construction of this Act the following terms in inverted

commas shall have the meanings set against them respectively unless

the context otherwise indicate—

“ Mine”—Any mode or method of working whatsoever whei-ehy the soil or earth or any rock or stone may be disturbed removed carted carried washed sifted smelted refined crushed or otherwise dealt with for the purpose of obtaining gold whether the same may have been previously disturbed or not as Avell as the appropriation of such gold by the finder thereof to his own use.

“ Gold”—As well any gold as any earth clay quartz stoiu! mineral or other substance containing gold or having gold mixed therein or set apart for the purpose of extracting gold therefrom.

,	“ Gold Fields”—Those parts of the Crown Lands of N cav South ’Wales which may be proclaimed as Gold Fields in the Gazette.
“ Claim”—Tlie portion of land which each person or company shall be entitled to occupy or to occupy and mine in by virtue of any Miner’s Eight License or Lease issued under the provisions of this Act and every holding whatsoever occupied by virtue of this Act.
“ Business”—Any profession trade calling or occupation except mining and any vending or disposing of any goods warĉ s merchandise or chattels whether by hawking or in any other manner except the hawking of milk butter vege­ tables or other farm or garden produce.
“ Authorized persons”—All Commissioners for the Gold Fields and .Tustices of the Peace—all holders of any License or Lease for pastoral piu-poses—all Ministers of Eeligion and school­ masters and any clerk trooper constable or other person

employed

1861.	25*̂ VIC.	No. 4,	3399
Gold Fields.

employed exelusively in the Government service and tin; servants clerks or agents of such persons res])ectively ther(! residing with and in the actual employment of any of them and all females and nil children under fourteen years of age who shall only reside and not mine for gold upon any Gold Field or any person to whom the llesident Commis­ sioner shall tliink fit to grant a temporary exemption on account of sickness or other accident.

“ Commissioner”—Any Commissioner Assistant Commissiom i'

or Suh-Commissioiier for tlie Gold Fields.

“ Trespass”—Unlawful interference in any way whatever witli any water right or other right or easement lawfully enjoyed under this Act.

“ Alien”—Any person not heing a British suhjeet or a natural­

ized subject of Her Majesty.

“ Cliinese”—Any male native of China or its Dependencies or of any Island in the Chinese Seas not horn of British parents or any male person horn of Cliinese parents.

The Governor may with the advice of the Executive Council rrocinmation ..i

declare hy Proclamation in the Gazelle any Crown Lands to he Gold

Fields within the meaning and for the purposes of this Act.

4 . ^die Governor with the advice aforesaid shall subject to the Miner's liigia.

provisions of this Act and the regulations to he made hereunder cause a “ Miner’s B ight” to he granted to any person applying for the same between the iirst of danuary and the thirtieth of June upon jiayment of a fee of ten shillings and after the last-mentioned day in any year upon payment of a fee of tivi* shillings.

5. Every such Miner’s Bight shall he in forces from the date Umation umi omt

thereof to the thirty-first day of December then next and shall during

of MinLT’s

the said period authorize the hohh'r to mine for gold upon any Crown Jjands and to occujiy (except as against Her Majesty) for the, purjiose of residence in connection with the ohjiict of mining so much land as may he prescribed undc'r the regulations afoia'said and every such holder shall duilng the continuance of such Miner’s Right he doomed in law to he the owner of the claim Avhich shall he occupied hy virtue t)f such Miner’s Bight and during such continuance as aforc'said all gold then heing in and upon the said claim shall he deemed in law to he the absolute personal property of such holder ProAuded always it shall he huvlul for the Governor Avith the advice of the Executive Council by Proclamation to order and d(!clare that such Miiu'r’s Bight shall authorize aliens described in such Proclamation to mim* for gold upon such Gold Fields or at such places only as shall he tiamed in such Proclamation.

0. The GoA^ernor with the advice aforesaid may subject to tlu' isusintŝ i.ioeiwes.

provisions of this Act and the regulations aforesaid cause a Ijicense to b(; granted to any person a]>plying for the same hetwtten the ttAo tirst-memtioned days aforesaid on payment of a fee of one pound and after the last-mentioned day on ])aym('nt of a fee of ten shillings Avhich License shall he in force till tlu ̂ then next thirty-first day of Decemlx'r and shall authorize the holder to occupy Lands for the purpose of carrying on business upon any Cold Field during such period.

7. The GoA'ernor Avith the advice aforesaid may subjt'ct to and	ui Amiicrous
in accordance with the laAvs in force for the time heing respecting ' regulations aforesaid grant Leases for mining purposes of poilions oi'
Auriferous Lands and fix the amount to he paid hy Avay of rent
Avhether as a royalty or otherwise.

8. Every alien not being an authorized person who shall mine for gold or become resident on any Gold Field Avithout a Mimn-’s	Alidiis not autlio-
ri/sed liable to
penalty.

(5 A— VOL. 4. B i g h t

3400	No. 4.	25̂ ̂ VIG.	1861.
Gold Fields.

Eight as aforesaid shall be liable on conviction before a Justice of tlie Peace to a penalty not exceeding five pounds for the first such offence and not exceeding ten nor less than five pounds for the second and subsequent offences And any Justice of the Peace or Police Con­ stable may arrest any alien who shall be so found upon any Gold Field and forthwith take him before some Justice to be dealt with.

Unauthorized	9. Any person not holding a Miner’s Right Lease or License under this Act shall not mine for gold or possess any claim on any Gold Field and shall not work for any other person whether or not the lawful possessor of any sueh claim or as partner with any such person And every such lawful possessor by whom he shall be employed as partner or with whom he shall so work shall absolutely forfeit his claim unless sueh claim shall be held by virtue of a Business License or by a Lease in which last-mentioned case the Governor may with the advice aforesaid remit such forfeiture.
persons prohibited.
Penalty for carrying	10. Any person not holding a Business License who shall occupy any Cro'wn Land on any Gold Field for the purposes of business or shall carry on business thereon and any person whether lawfully so occupying or not who shall employ an unauthorized person in such business shall on conviction before a Justice of the Peace be liable to a penalty not exceeding five pounds for the first such offence and not exceeding ten pounds nor less than five pounds for the second or any subsequent such offence.
on business without
License Ac.
Partial suspension	11. IVhen any Gold Mine or Gold Field shall have been dis­ pastoral purposes the Governor with the advice aforesaid shall suspend such Lease or License so far as may bo necessary for the accommo­ dation of the horses cattle and sheep required for the subsistence and convenience of any persons holding Miners’ Rights Leases or Licenses and for the supply of water and otherwise for effectually workiiig the said Gold Mine or Gold Field and shall thereupon return or remit to the lessee such portion of the rent of such lands as may be reason­ able and just.
of Pastoral Leases
extending over Gold	covered upon any Crown Lands then under Lease or License for
Fields.
through freehold
Passage of water	12. The Governor with the advice aforesaid may authorize the passage of any water for gold mining purposes through any freehold lands and also the passage of any water or liquid discharge from gold mining operations through any such lands Provided that the possessor of any such lands shall be entitled to full compensation for any loss thereby sustained by him.
property.
Commissioners to	13. The Governor with the advice aforesaid may appoint Commissioners who shall have power and authority subject to the provisions of this Act and the regulations to be made hereunder to determine the extent and j îosition of the claim to which each person or company is entitled under any Miner’s Right Lease or License issued under the provisions of this Act and to mark such extent and to do all other acts matters and things required of him by this Act or by the ]‘egulations aforesaid.
be appointed.
Kegulations may be
made.	11. The Governor with the advice aforesaid may from time to time make such regulations not being contrary to the provisions of this Act as shall appear necessary for regulating the form of Miners’ Rights Leases and Licenses to be issued under this Act—the mode times dates and places of the issues thereof—the conditions on which the same shall be issued—the mode of transferring or assigning the same and of prohibiting any such transfer or assignment—and gene­ rally for the purpose! of carrying the provisions of this Act into execu­ tion And may liy such regulations repeal or alter any existing rules or regulations And any person being didy convicted before a Justice of the Peace of a breach of any such regulation or of any order made by a Commissioner in virtue thereof shall forfeit and pay for the first

ofience

1801.	25̂ VIC.	No. 4.	3401
Gold Fields.

offence a penalty not exceeding five pounds and for tlie second and subsequent offences not more than ten pounds And any such penally shall he irrespective of any forfeiture of claim as may he therc'in pro­ vided And all such regulations when published in the Gazette shall liavc the force of law Provided that all rules and regulations heretofore lawfully made and sul)sisting at the commencement of this Act and not inconsistent herewith shall have the force of law until repealed altered or superseded hy any regulations made and puhlisluA as aforesaid Provided also that all regulations to be so made shall he laid before both Houses of Parliament within four­ teen days after their publication if Parliament l)c in Session and if otherwise within a like period after tlu' opening of the then next

Session. ^

15. Any Justice of the Peace l)cing a Commissioner upon the Hemcdy for on-

under this ^Vet that any other person has encroached or trespass('d

upon his claim may proceed forthwith to the spot to investigate the

matter of such complaint or otherwise inquire into the case And

may on his own view or tin; oath of any Avitness determine the same

in a summary Avay And if it shall appear to such Justice that tlie

person complained against has so encroached or trespassed hy occupy­

ing mining or undermining such claim or in any other Avay whatsoever

or that the person complaining has so cnci’oached or trespassed upon

the claim of the person complained against such Justice may cause tin;

person so found to have encroached his servants implements goods

and chattels to he removed from the claim so emn-oached upon or

direct the discontinuance of such trespass or may if he shall see lit

at any time after the complaint made prohibit the working of such

(daim by any or either party until the dispute shall he finally decided

complaint of any person holding a Miner’s llight Lease or License "uTucc ' and compel the attendance of Avitnesses for the heai-ing of any such complaint as is exercised hy a Justice according to the Act elcvontli and tAÂ elfth Victoria chapter forty-three.

IG. Any such complainant or person complained of or such Ami assessor.

Justice previous to tlie hearing of any such complaint may require; that two persons holding tin; Miner’s flight or a Le'ase under this Act shall assist such Justice as assessors and thereu])on such Justice shall summon four persons duly qualifienl as aforesaid and shall sehad hy ballot tAvo from amongst those Avho may attend at the time appoint <'d and shall administer to such persons as may he selected an oath to the effect that such persons severally Avill Avell and truly inquire into the matter of the complaint then submitted and a true finding and decision give according to the evidence and such persons so SAVorn shall

h(; and act as assessors and such Justice and assessors sliall hear

and determine such complaint of encroachment or trespass and shall also find Avhethcr any and Avhat gold has been unlawfully or im])roperly remoA'cd from such claim and Avhether any and Avhat damage has been sustained hy such encroachment or trespass and the decision of the majority shall he binding.

17.	Such Justice and assessors upon the hearing of any com	Componsiltion fur
cucroaubments or

])laint as aforesaid and upon proof of any gold having been removed as tiespa:

albrcsaid (of Avhich any finding as aforesaid shall he sufficient evidcm*e)

may cause any such gold taken or removed from such claim to he

summarily seized and delivered to the person encroached upon and

may also cause the Avhole or any part of the damages ascertained as

aforesaid to an amount not exceeding one hundred pounds to he paid

by the person so having encroached or trespassed to he recovered

hy distress and sale of the goods and chattels of such person in

manner prescribed by laAV for the recovery of any sum adjudged hy

Justice's

3402	No. 4.	25̂ VIC.	1861.
Gold Fields.

Justices of the Peace as a pecuniary penalty or compensation Provided that no person shall he imprisoned for default in payment of such damages for a longer period than three months Provided also that nothing herein contained shall prejudice the right of any person to resort to any remedy which he may already have at law or in equity.

ff asses;.nr:, do nut	18. In the event of the non-attcndancc of the requisite number 1)y either party adjourn the hearing of the complaint And if at the time to wliich the same shall have been adjourned there sliall not be a sufficient number of assessors in attendance after due summons such Justice may proceed to hear and decide with one such assessor if one shall be in attendance' or without any assessor if none be present and the acts and decision of such Justice and assesssor or of such Justice alone if no assessor be in attendance shall be as valid and effectual as if the regular numbt'r had been in attendance and had acted with such Justice.
adjourn or proceed	of assessors at the appointed time the Justice present shall if required
alone.
Fees may be de­
manded.	19. Previously to the hearing of any complaint as aforesaid if assessors be required the Justi(;e shall demand and receive from the complainant the fee of twenty shillings and may refuse to attend to any such complaint until such fee shall have been paid Pro­ vided that if the decision shall be against the person complained against such person may bo ordered to repay such fee to the com­ plainant and the determination by whom the fee is to be paid shall in every case form part of the decision of such .Justice and assessors and such fee may be recovered in manner herein directed in regard to any compensation awarded to any complainant.
attendance &c. as
IVtialiy for noil'	20. If any person holding the Miner’s Right or a Lease issued under the provisions of this Act having been ‘duly summoned shall disobey such summons and fail to attend at such time and place as may be named therein or to be sworn as aforesaid such Justice upon proof that such person was duly summoned or having been summoned that he refused to be sworn unless some reasonable cause for non-attendance or refusal of such person be made to appear to such Justice may impose a fine not exceeding five pounds which fine may be levied and appropriated in like manner as other fines imposed by virtue of this Act And every person who shall attend in obedience to any such summons and be sworn to act as assessor shall be entitled to demand and receive the sum of ten shillings for the hearing of such complaint out of the fee to be paid by section twenty of this Act.
assessor.
officers itc. and
I'eiialty for resisting	21. Every person who shall assault or resist any Commissioner whilst in the execution of any duty under this Act or who after the hearing and det(!rmining of any complaint as aforesaid and having had the boundaries of his claim or his mode of operation pointed out by any such Justice of the Peace being a Commissioner shall again encroach or trespass as aforesaid or Avho shall work or attempt to Avork any claim or ground or pursue any operation the working or pursuit of Avliich shall have been duly enjoined or suspended under this Act shall upon conviction before any I aa o .Justices of the Peace be liable to a penalty not exceeding tAÂ enty-five pounds or at the discr('tion of the adjudicating .Justices be imprisoned Avith or Avithout hard labor for any period not exceeding three months.
renewed encroach­	or J ustice of the Peace or any assessor or any person duly authorized
ment.
Kstablishmcnt and	22. Jt shall be laAAfful for the Governor at any time on the Peace other than such Commissioner to direct that a Jhiblican’s Jjiccjise for any place on a Gold Eield be issued to tlie person so recommended upon his entei’ing into the recognizances and paying tlie duty required by tlie Licensed Publicans Act and in such cas(;s it shall be in the discretion of such Commissioner and Justice to exempt
control of licensed
])nbIic-houscs on the	recommendation of one Gold Commissioner and of one Justice of the
Gold Fields.

attend Justice may

during

1861.	25 ̂ VIC.	No. 4.	3403
Gold Fields.

during tlie six months next after the issuing of such license the licensed person from providing the whole or sucli part as they shall think tit of the accommodation required hy law to lie provided for tlie pulilic convmiicnce in ordinary licensed puhlic-houses.

23. Upon petition of not less than one hundred persons holding oieirict may be II „ pioclninicd for puv-

Miners’ llights or Leases under this Act on any Gold Licld

^ oo.se of Local C^»urt.

Governor with the advice aforesaid may hy Proclamation declare such Gold Pick! to be a district for the purpose of forming a Local Court Avith the poAvers and authority hereinafter described and may declare the name of such district and deline the limits thereof And after the publication of any such Proclamation the locality so described shall !)(' and h('conie such district Provided that no such Court shall he established if within sixty days of the notification in the Gazelle of any such jietition a counter-petition hearing the signatures of a larger number of persons duly (pialified as above shall have reaclu'd the office of the Minister for Lands Provided also that the Governor may Avith advice aforesaid abolish such Court on a petition hearing th(! signatures of qualifk'd persons in number three times greater than originally petitioned for the same.

21. Every sueh Court shall consist of eight persons holding c'onstiuiUuiiun.oi;

res])ectively a Miner’s ilight or a Lease under this Act and Avho shall

he elected as hereinafter provided.

25. The eight persons so elected as aforesaid shall at their first Members of Cumt.

meeting proceed to elect one of their numher to he Chairman and shall continue members of such Court for tAvclve months from the date of such election unless they shall sooner retire or cease to be members as hereinafter provided anef five of such members shall form a quorum and the acts of such quorum shall he deemed to he the acts of the Avhole Court and in all proceedings the deeision of the majority shall he the decision of such Court and in case of an equality of votes tlu' Chairman shall have an additional or casting A'ote.

2(i. Tli(i Commissioner shall name a place and tinie hy ])ublic I’l-occctiinss to be

notification in such manner as may seem to him most dttsirable (the place being some conA'enient locality Avithin the limits of the Gold Eields Uistritd for which he shall he Commissioner and the time being somt! day not less than seven nor more than fourteen days from the date of the first publication of such notice) Avhen and where a public meeting Avill he held of persons residing Avithin such district and holding the Miner’s Ilight or a Lease under this Act for the purpose of electing eight persons holding such Miner’s K-ight or a Lease under this Act as are to he members of the Local Court And at such time and place the said Commissioner shall attend and preside at such meeting and any or every person present thereat heing so qualified as albresaid may propose any other })crson so qualified to be a memlxu- of sucli Court and if not more than eight such persons he so proposed then the Commissioner shall declare such eight persons duly elected as members of such Coxu’t and they shall constitute such Court acc^ord- ingly Provided that if more than eight such persons he so proposed tlie said Commissioner shall proceed by the best means available to him to ascertain tlie actual numlier of votes in favour of each name proposed in the order in Avliicli they Avere proposed and the eight persons rccciAnng the largest numher shall he declared elected Pro- A'ided also that in casi' of any question arising as to the right of any person present to propose another or to be proposed himself or to vote such Commissioner or any person qualified as aforesaid may demand the production hy such person of his Miner’s Eight or Lease under this Act and if such person cannot produce either of such docu­ ments his vote or voice shall not he received or permitted And in the

event

3404	No. 4.	25'’ VIC.	1861.
Gold Fields.

event of the votes for any two candidates being equal the Commissioner

shall determine such election hy giving a casting vote.

Local Courts may	27. Local Courts may appoint a Clerk and may frame rules for regulating the sittings and proceedings of such Courts and may also frame rules not inconsistent with this Act for the better manage­ ment of all local matters relating to mining within the district for which the members are elected such rules to have etfect only when they have recudved the assent of the Governor with the advice aforesaid and bcf.'n published in the Gazette and such rules shall then have the like force as the regulations aforesaid.
frame rules.
Vacancies how
caused and how	28. Any member of such Court who shall absent himself from four consecutive meetings thereof or shall send in his resignation in writing addressed to the Chairman or shall in any way Ifecome incapacitated from attending such Court shall cease to he a member of such Court and the Chairman shall call a public meeting of persons qualifif'd as aforesaid for the purpose of electing some person to fill the vacancy thus caused and at such meeting the same proceedings as neaidy as may he shall be had and taken as at the first election of members Provided that so long as there is a quorum any vacancy or deficiency in the number of members of such Court shall not affect the proceedings thereof.
filled.
Yearly election.	29. Pourtcen days before the expiration of the twelve months for which the members of such Court shall have been elected the Chairman shall publicly notify a time and place for a public meeting to elect eight persons qualified as aforesaid to serve as members of the Local Court and at such meeting such Chairman shall preside and the same proceedings shall be had and the same rules shall apply as at the first election of members And the like proceedings shall be had at the end of every succeeding twelve months Provided that any member then retiring shall if otherwise qualified be eligible to be re­ elected Provided also that the omission to convene or hold any such meeting at the particular time hereinbefore directed shall not prevent such Chairman from convening such meeting at a later period or such later meeting from proceeding to such election.

Court of Appeal 30. Por any Gold Pield or Gold Pields a Court of Appeal shall be

established.	established and shall consist of a Chairman and two other persons who have held Miners’ llights for six months to be appointed by the Governor with the advice aforesaid Provided that if any member of such Court be concerned in any decision to be appealed against to any such Court of Appeal or be absent the Governor may appoint any other person to act in liis stead And every member of such Court of Appeal shall be entitled to remuneration at the rate of one pound for every day of his actually sitting therein.
Powers of Courts	31. Every such Court of Appeal shall have power on the application of any person holding a Miner’s Ilight Lease or License and on payment of a fee of three pounds to entertain any app(;al against any decision order or award made under this Act by any -Justice of the Peace being a Commissioner or Justice and assessors relating to any encroachment or trespass and to revise or to reverse the same and to make order for the repayment of the fee to the appellant and to award reasonable costs And pending the hearing of any such appeal the Chairman shall have power to suspend the operation of any decision order or award of any such Justice and to prohibit all working by any person concerned during such suspension And such Court shall be entitled to administer an oath and to compel the attendance of witnesses and to regulate its mode of procedure in like manner as Justices in Petty Sessions And to fix its time and place of sitting And the decision of the majority shall be deemed to be the decision of such Court And no proceedings of such Court shall be quashed for want of form or be
of Appeal.

removed

18G1.	25° VIC.	No. 4.	3405
Gold Fields.

removed by certiorari And any lawful decision order or award of sucdi Court or any order of tlie Chairman thereof shall he enforced as liy this Act provided for enforcing the decision of a Justice of the Pcaci' being a Commissioner or as by law now provided for enforcing any order or award of J ustices in their summary jurisdiction.

32. Any Justice of the Peace being also a Commissioner may justices may enter-

upon complaint made by tlie holder of any Miner’s Right Lease or J Jeense under this Act who is or has been while such, holder engaged in a mining partnership touching any dispute or (j^uestion regarding such partnership may issue process to procure or compel the appear­ ance before him of the members of such partnership as shall apjiear necessary and upon sucli appearance or in default thereof after due service of such process or in the absence of such members as shall not appear to he necessary parties to such case he may inquire into and hear sueh complaint or application and may make such order relating to the mode of working any claim or the due division thereof as to him shall seem meet.

33. The foregoing provisions relating to assessors as applied Assessors may also

to cases of encroachment or trespass may at the instance of the com- J’ther™̂ êsr' "*

plaiuant or the person complained against or of the Justice himself be

applied to the case of any other complaint or information under this

Act.

31. Any person who shall forge any IVIiner’s Right License o r Punishment iw

Lease issued or purporting to be issued under the authority of this |°om Right License or I;easc knowing the same to be forged or fraudulently personate the holder of any such Miner’s Right Lease or License or falsely and fraudulently represent that any servant or other person is an authorized person within the meaning of this Act or fraudulently use or exhibit as his own any Miner’s Riglit License or Lease belonging or granted to any other person or use or exhibit as a valid Miner’s Right Lease or License any Miner’s Right License or Lease which shall have expired shall be deemed guilty of a misdemeanor.

35. Any holder of a Lease issued under the provisions of this Punisiimot

A(d who shall by any fraudulent device or contrivance defraud or	'
attempt to defraud Her Majesty or any person authorized to receiv(' the same of any money or gold jiayable or reserved by sueh Lease or (conceal or make a false statement as to tlu; amount of any gold pro- (!ured by him or falsify any account with a fraudulent intent shall b(‘ di'emed guilty of a misdemeanor And all officers and servants of sucli holder and other persons whosoever who sliall knowingly be con­ cerned in any such fraud or attempted fraud whether with or without the knowledge or concurrence of such holder shall in like manner be deemed guilty of a misdemeanor.
36. Nothing in this Act shall except so far as herein expressly enacted be deemed to abridge or control the prerogative rights and	prciosatiye

'

powers of Her Majesty the Queen Her Heirs and Successors in respect

of the Gold Mines and Gold Eields of the Colony.

37. All proceedings for any infringement of any of the pro- Summary pro­

visions of this Act or of any of the regulations or rules lawfully established as aforesaid and the hearing and determining of wliicli is not herein otherwise sjieeially provided for shall be had and taken by or belbre any two Justices of the Peace in a summary way and no such proceedings shall lie removed by certiorari into the Supreme Court.

38. Any person ordered or adjudged to forfeit or pay any fine Appeal against fines

penalty or sum of money amounting to ten pounds or upwards who shall feel himself aggrieved by the order or conviction of any Justice or J ustices and assessors may appeal from any such order or conviction

to

3406 No. 5. 25̂ VIC. 1861.

Wollo7igong Harbour.

to the next District Court which shall he held nearest to the place where such order or conviction shall have been given or made upon his complying with the provisions of the law in force for the time heing in reference to appeals.

Appropriation ol'	39. All fees or other moneys levied under this Act unless otherwise expressly appropriated shall he paid over to tlic Colonial Treasurer and hecome a part of the Consolidated llevenuc Pund of the Colony.
tees.

Short title. 40. This Act shall he styled and mav he cited as “ The Gold

Fields Act of 1861.’' ‘ '