Goldfields Act 1895 (WA)

The Goldfields dot, 1895.

(59 Vie., No. 40.)

ARRANGEMENT OF SECTIONS.

30. Holder of right or license after twelve

months possession to have right of

9. Application of "The Mineral Lands

transferred, etc.

of applicant held under miner's

right.

The Goldfields Act, 1895.

64. Warden may authorise entry on ad-

validated.

78. Interpleader.

79. Land held under miner's right.

1E6 zunt Otani' a

ANNO QUINQUAGESIMO NONO

ITICTORVE REGIME.

No. XL.

AN ACT to make better provision for the Regulation of Gold Mining and Manage- ment of the Goldfields of the Colony.

[Assented to, 1281 October, 15)95.]

Legislative Assembly of Western Australia, in this presentBE it enacted by the Queen's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council and

Parliament assembled, and by the authority of the same, as follows:—

1.

2.     THE several Acts specified in the First Schedule hereto are First schedule.

hereby repealed to the extent in the said Schedule mentioned

but such repeal shall not affect any right interest or liability already Repeal.

59° VICTORLE, No. 40.

Colt-yields Act, 1895.

created existing or incurred nor anything lawfully done or suffered under any enactment hereby repealed or any regulation proclama- tion or appointment made before the commencement of this Act or prevent applications made before the passing of this Act being dealt with under the provisions of this Act. And all regulations not being inconsistent with the provisions of this Act duly made awl proclaimed in pursuance of any of the said repealed Acts shall be and continue in force until altered or repealed by Regulations made under this Act.

3.      THIS Act is divided into parts as follows:

Division of Act.

PART IL—MINERS' RIGHTS AND BUSINESS LICENSES,

ss. 14-31 ;

PART III.—GOLD MINING LEASES, ss. 32-48 ;

PART IV.—ADMINISTRATION OF JUSTICE, ss. 49-89 ;

PART I.—GENERAL.

IN the construction and for the purposes of this Act and of the Schedules hereto the following terms in inverted commas shall have the respective meanings hereby assigned to them if not incon sistent with the context or subject matter that is to say-

4.

Interpretation.

" Alluvial."—Any loose soil earth or other substance contain- ing or supposed to contain gold not being a seam lode or quartz vein:

" Authorised holding."—Any holding of whatever kind other than a lease or claim lawfully held and enjoyed under this Act and the regulations made thereunder :

" Business."—The selling or disposition of any chattels in any manner except the hawking of farm or garden produce :

" Claim."—The portion of Crown land which any person or number of persons shall lawfully have taken possession of and be entitled to occupy for the purpose of mining therein for gold or any number of such portions lawfully amalgamated by their owners but subject to the provisions of Section thirty-five of this Act shall not include ally land comprised in any lease granted under this Act or any Act hereby repealed :

" Crown Lands " shall include all lands of the Crown which have not been dedicated to any public purpose or reserved by the Governor or which have not been granted in fee or lawfully contracted to be so granted or which

59 VICTORI2E, No. 40.

Goldfields Act, 1895.

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 sea- shore and on the margin-of tidal rivers :

"Dam" or " Reservoir."—Any artificial storage or accumula-

tion of water:

" Earth."—Any rock stone quartz clay sand soil cement or

mineral :

"Gold."—As well any gold as any earth containing gold or having gold mixed in the substance thereof or set apart for the purpose of extracting gold therefrom :

"Goldfield."—Crown lands proclaimed as such before the passing of this Act or which may be proclaimed a goldfield as hereinafter provided:

" Governor."—The Governor or officer administering the Government of 'Western Australia with the advice of the Executive Council:

" Mine " as a noun includes all Crown lands held occupied

or used for mining:

" Mining " or " To mine " includes all modes of prospecting

and mining for and obtaining gold:

" Miner."—Any person being the holder of a miner's right or gold-mining lease issued under the provisions of this Act or any Act hereby repealed:

" Miner's Right."—A miner's right or consolidated miner's right lawfully issued under this Act or any Act hereby repealed:

Minister."—The Minister for the time being charged

with the administration of this Act :

" Proclamation."—A proclamation by the " Governor " pub-

lished in the Government Gazette:

"Prescribed."—Prescribed by regulations:

" Regulations."—The regulations under this Act or until

regulations are made hereunder regulations under

the Acts hereby repealed:

" Person " holder " " owner " " lessee " shall respectively

include any body of persons whether incorporated or not.

5.

prero;ative.

gative rights and powers of Her Majesty in respect of gold mines.

6.

Mines.

arines.

59° VICTORUE, No. 40.

Goldfields Act, 1895.

powers and authorities and duties in relation to mining on Crown lands for gold heretofore exercised by or vested in the Commissioner of Crown Lands shall on and after the coining into operation of this Act be transferred to vested in and be exercised and performed by a responsible Minister for Mines having the management and control of the Department of Mines. The work of the Department shall be performed by such staff of officers registrars inspectors clerks and servants as may be necessary and shall be appointed by the Governor and subject to the annual vote of Parliament and shall receive such remuneration as the Governor may think fit.

7. IT shall be lawful for the Governor by proclamation in the

Proclamation of

S. WHEN any goldfield shall have been proclaimed upon any

59" VICTORI2E, No. 40.

GoWields Act, 1895.

be not exercised any holder of a miner's right may subject to the regulations occupy the land aforesaid for gold mining purposes and it is hereby enacted that the warden of every goldfield shall be and be deemed to be the registrar under " The Mineral Lands Act of 1892 " Avithin such goldfield and have power to issue all licenses under that Act.

10.

(1.) THERE shall be kept at the office of mining registrar

under this Act of each goldfield or district a complete record of all Records to be kept.

leases claims transfers liens or other dealings or matters connected

with any lands situate within the goldfield or district 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 warden in connection therewith shall be sufficiently clone

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 goldfield or

district a register to be called the Register of Goldmining Leases

wherein shall be registered all leases and applications therefor and

transfers thereof and of any shares or interests therein respectively

11.

59° VICTORI', No. 40.

Goldfields Act, 1895.

and all liens charges and other dealings and transactions relating

thereto respectively.

(2.) No transfer of any lease or of any share or interest therein nor any lien charge or other dealing or 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.

EXCEPT in the case of fraud no person contracting or dealing with or taking or proposing to take a transfer from the registered holder of any lease shall be required or in any manner concerned to inquire or ascertain the circumstances under or the consideration for which such holder or any previous holder thereof was registered or to see to the application of any purchase or consideration money or shall be affected by notice actual or construc- tive of any trust or unregistered interest any rule of law or equity to the contrary notwithstanding ; and the knowledge that any such trust or unregistered interest is in existence shall not of itself be imputed as fraud.

12.

PART IL—MINERS' RIG nTs—Bu SINESS LICENSES.

14. IT shall be lawful for the Governor to appoint such persons

59" VICTORTiE, No, 40.

Goldfields Act, 1895.

15.

EVERY holder of a miner's right and any number of persons collectiN .ely being each the holder of a miner's right shall subject to bPyriralries,,,stid

16.

the provisions of this Act and the Regulations be entitled (exceptMight.

as against Her Majesty) to take possession of mine and occupy unoccupied Crown lands for gold-mining in accordance with the Regulations in -force from time to time.

To cut construct and use races clams wells and reservoirs roads and tramways which may be required for gold-mining through and upon any Crown land.

To take or divert water from any spring lake pool or stream situate in or flowing through Crown lands and to use such water for gold-mining and for domestic purposes.

To bore sink collect store and convey water from any source for mining and domestic purposes in the manner prescribed by the Regulations and to sell and dispose of the same.

To exercise any rights of the nature of easements upon and over unoccupied Crown lands in connection with gold-mining.

To erect from time to time any building or structure and at any time remove the same.

To cut and remove any live or dead timber stone or gravel 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 stone or gravel included in any reserve for the preservation of timber.

To take possession of and occupy for the purpose of residence and not for business purposes an area of Crown lands not exceeding one quarter of an acre as shall be provided for by the Regulations.

Provided that it shall be lawful for any holder of a miner's right to take possession of unoccupied Crown lands for the purpose of mining thereon for gold under the provisions of this Act and the Regulations either for himself or if authorised in writing by such persons on behalf of and in conjunction with any number of persons

59" VICTORIA], No. 40.

Gol((fields Act, 1895.

not exceeding eight (including himself) being each the holder of a miner's right and any person or persons so taking up and occupying such Crown land as aforesaid shall subject as aforesaid be deemed in law to be possessed (except as against Her Majesty) of such land and the property therein and all gold then being in and upon any such land so taken up and occupied for mining shall (except as against Her Majesty) be the absolute property of the person or persons in lawful occupation of the same.

NO person shall be entitled to institute proceedings in any ised holding or any share therein or to recover damages for or to restrain the occupation of or encroachment upon such claim or authorised holding or any part thereof or obtain any relief as tenant in common joint tenant or co-partner against his tenant in common joint tenant or co-partner unless such person shall have been the holder of a miner's right or a business license at the time his alleged title to recover possession or damages or interest or to obtain such relief first arose or accrued. No person shall be capable of lawfully taking possession of any claim or other authorised holding or register transfer assign or encumber the same unless he is the holder of a miner's right or a business license (as the case may be).

Company may obtainwithin the Colony as required by "'I he Companies Act 1593 " may "miner's right." apply for and obtain so many rights in the name of the corporation

or company as shall be required under the regulations in force to hold the lease claim or other authorised holding. Provided that the locality of the company's office and the name of the manager be registered in the office of the minim, registrar of the goldfield or district in which the lease claim or other authorised holding transferred is situate.

(1.) IT shall be lawful for the Governor to appoint such persons as he may think fit to issue documents each of which shall be called a " Business License " which shall be in force for one year from the date thereof and which shall be granted to any person not being all Asiatic or African alien applying for the same upon payment of the prescribed fee.

Regulations entitle the holder thereof during the continuance of such license to occupy upon any goldfield for the purpose of residence and carrying on his business so much Crown lands not exceeding one acre in extent as may be prescribed and for either of the purposes aforesaid to put up any building or other erection and at any time to remove the same.

59" VICTORIZE, No. 40.

Goldfields Act, 1895.

(3.) Every such holder shall during the continuance of such business license be deemed in law to be possessed (except as against Her Majesty) of the surface of the land he shall occupy by virtue of such license.

(4.) No person shall be entitled by virtue of one business license to occupy more than one such portion of land.

(5.) The holder of any such business license shall be entitled to transfer the same to any other person by an endorsement on the license to be signed by him and attested by a witness specifying the Christian name surname and occupation of the transferee. On the production to the mining registrar of such license so endorsed and the payment to such officer of the prescribed fee the date of such production shall be endorsed on such license by such officer and signed by him and thereupon the license shall for the remaining period of its currency vest in the transferee thereof as fully as if he had been the original grantee thereof.

(6.) Every business license issued under this Act or any Act hereby repealed with the right and interest thereunder shall on the death or bankruptcy of the holder thereof devolve on his personal representative or trustee in bankruptcy.

20.

21.

any public use or purpose or which shall be reserved by the Governor or shall be lawfully and bona fide used as a yard garden cultivated field or orchard or upon which any house shed or other building shall have been erected and shall be in actual use or occupation or any artificial clam or reservoir which shill have been made shall be and the same are hereby excepted from occupation for mining and -for residence or business. Provided that any Crown land which has been so lawfully and bona fide used

59" VICTORIZE, No. 40.

GolVelds Act, 1895.

as aforesaid shall upon payment of compensation to be ascertained in the warden's court by a warden and paid in the manner prescribed by the regulations cease to be excepted from such occupation. Provided that the land comprised in any commonage within any goldfield proclaimed or to be proclaimed shall not be deemed to have been or to be applied or dedicated to any public use or purpose within the meaning of this Act.

THE Governor may at any time by proclamation either by a general or particular description except from occupation for mining or for residence or business under any miner's right or business license any specific portion of Crown lands and no land so excepted shall subject to the provisions of the next following section be occupied under any miner's right or business license until such exception be revoked.

22.

Governor may

exempt other lands

23.

IT shall be lawful for the Governor upon application authorise any one or more holders of a miner's right or the holders generally of miners' rights to occupy for mining under such miners' rights any Crown lands which are or may be excepted from occupation under the provisions of the last two preceding sections and also to construct drives under any such land also to mine upon and under any street road highway navigable waters common or reserve subject to such conditions and restrictions as may be pre- scribed by Regulations Provided that where such lands are within any Municipality notice of such application to occupy and mine shall one month before the same shall be made be given to the Mayor of such Municipality by lodging the same at the office of such Mayor in the building used for Municipal business. And the Minister before any decision or order be made under this section shall cause notice of every such application to be published in the Government Gazette for four consecutive weeks and shall not issue any order permitting such mining to any applicant if ally valid objections to such permission shall within thirty clays after the last publication of such application be lodged with him.

Excepted or

IT shall be lawful for the warden to permit any person to make or construct any roads races or drains or lay gas or watermains or other pipes under over across or through any lease claim or other authorised holding held under the authority of this Act or any Act hereby repealed. Provided that before any such permission shall be given fourteen days' notice shall be given by the person applying for permission to the person lawfully in possession of such lease claim or other authorised holding. If ally question of compensation shall arise the amount (if any) shall be determined by the warden who shall have power to examine competent persons as to the amount of

24.

Laying pipes die. over

leases.

59" VICTORIA], No. 40.

Goldfields Act, 1895.

actual damage injury or loss which may be incurred by the works

made or constructed under the permission granted.

25.

cause whatsoever.

(2.) That such owner or owners require to be absent for some sufficient cause from the locality or is or are unable by reason of sickness or other sufficient cause to work in such claim or holding.

working' of the claim or holding to be profitably

carried on.

That the owner or owners of two or more adjoining

26.

27.

59" VICTORIIE, No. 40.

Goklfields Act, 1895.

SUBJECT to the provisions of the next following section

WHERE it is proved to the satisfaction of a warden that

59" VICTORI1E, No. 40.

GoWields Act, 1895.

said Commissioner or his agent in that behalf that such lands are about to be sold and until such lands are sold such holder shall be entitled to renewal of the right or license by virtue of which the lands are occupied.

31. IN the event of the Crown requiring to resume possession

for public or other purposes of any residence or business area the fifitc)

PART III.—GOLD MINING LEASES.

32. THIl Minister with the approval of the Governor may

(a.) For mining purposes or

(b.) For cutting and constructing thereon water-races drains

dams reservoirs roads or tramways to be used in

connection with such mining or

(c.) For erecting thereon any buildings or machinery to be used for mining purposes or

(d.) For boring sinking for pumping or raising water or

(e.) For residence thereon in connection with any or all of

such purposes.

33. ( t .) THE undermentioned lands shall be exempted from

(a.) Lands dedicated to any public purpose or reserved by

the Governor.

(b.) Lands granted in fee or lawfully contracted to be so

granted.

(d.) Lands lawfully occupied by the holder of a miner's right or business license unless the holder thereof consents to the leasing of such land but without such consent on tender to such holder of compensation for loss or damage of an amount to be determined in the Warden's Court as prescribed by Regulations.

59" VICTORLE, No. 40.

Goldfields Act, 1895.

(I.) Has already been worked and abandoned or

(2.) Is suitable for leasing on account of its great

depth or excessive wetness or on account of the costliness of the appliances required for its profitable development or

Which for other special reasons ought not to

THE yearly rent to be reserved in any gold-mining lease shall be twenty shillings per acre. All such rents shall be payable in advance at the times and places and in the manner prescribed by the regulations.

34.

Rent to be reserved.

35.      A LEASE for gold-mining may be granted for any term

Duration and area of not exceeding twenty-one years from the time of granting the same lease. and no such lease shall embrace an area exceeding twenty-four acres.

Provided that where the workings will be chiefly confined to quartz veins or lodes the area applied for shall not exceed in length along the lode or vein twice the width across the line of lode or vein. Provided also that it shall not be obligatory to grant any such lease to any person applying for the same notwithstanding that he may have complied with the regulations in force and applicable

Leases may bethereto. Any holder of a lease or applicant for a lease may transfer transferred Ac. assign or encumber the whole or any part of his share or interest

in such lease or application for lease in the manner prescribed by

the regulations.

ANY miner may subject to the regulations enter upon any land the subject of any application for lease already or hereafter to be made or the subject of any lease granted after the passing of this Act which is not held under a miner's right to within fifty feet of any reef situate thereon for the purpose of searching for and obtaining alluvial gold. Provided that the applicant or lessee may mark out or otherwise delineate upon such land the line of any reef or reefs situate thereon awl it shall be incumbent upon him so to do within forty-eight hours of his being served with a notice in writing to that effect signed by a miner.

36.

Entry upon lease

for alluvial.

37.      WHEN any land a mining lease of which shall be applied

59" VICTORTIE, No. 40.

Goldfields Act, 1895.

applicant under a miner's right the interest of such applicant under such right shall in nowise be affected by such application or by the refusal or abandonment or failure in any other way thereof and if such lease shall be granted the interest held under the miner's right shall merge in the interest held under the lease.

38. IF any person_ shall object to the issue of a lease to the

applicant therefor he shall within the prescribed time lodge with ObjAelet,itoiloisilstLi,

of every objection intended to be taken by him against the issue of such lease such notice shall be sufficiently served if transmitted by post to the address of the said applicant or posted on the land applied to lease. If an objection shall have been lodged within the prescribed time the warden shall appoint a place and time for hearing in open court every person who shall have lodged such notice of objection as well as the applicant for the issue of the said lease and for the purpose of holding the said inquiry the warden shall hear receive and examine evidence touching the matter of the said application and the objections thereto. After the termination of the said inquiry and the decision of the Court of Mining Appeal hereinafter mentioned on any question raised by way of appeal (if any) the warden shall transmit to the Minister for the consideration and decision of the Governor the application and objections and a copy of the decision of the Court of Appeal certified by him together with the surveyor's plan and report (if any) and the evidence taken by him and his report recommending the granting or refusal of the lease applied for.

40. THERE shall be implied in every lease issued under this

59° VICTORTIE, No. 40.

Goldfields Act, 1895.

administrators or assigns fail at any time during the term to fulfil the conditions or terms or to keep the covenants therein contained or to use the land bona fide for the purpose for which it shall be

THE holder of any gold-mining lease issued under the provisions of this Act or any Act hereby repealed and the executors administrators or assigns of such holder shall be entitled at any time with the consent of the Governor to surrender the said lease and any such gold-mining lease may with the like consent be

41.

Surrender of lease.

42.       SUBJECT to the provisions of Section thirty-five of this Act

lease protected.

WHEN it shall appear to the satisfaction of the Minister after report -from the warden that any two or more adjoining gold- mining leases can by amalgamation be more efficiently worked as one mine the Minister may authorise such amalgamation upon payment of a fee of Twenty shilling's for each lease so amalgamated. Provided that the total area shall not exceed twenty-four acres and the proportion of length to breadth shall be as prescribed and the labour to be employed on or in connection with such amalgamated leases shall be the sum of the labour conditions in each separate lease.

43.

Amalgamation of

leases.

590 VICTORUE, No. 40.

GoWelds Act, 1895.

taken possession of and marked out the land in accordance with the

regulations shall have priority of title.

45. UPON a complaint to the warden by any holder of a

THE holder or a. majority of the holders of any gold-

mining lease or application for lease shall be entitled to register =at?"' work

the land comprised therein or ally portion thereof for suspension

of work thereon for a period of one month on satisfying the warden

by evidence on oath in open court of the actual existence in

reference to such land of any of the causes specified in section Section 25.

twenty-five of this Act with regard to claims. Provided that if

suspension of work for a longer period than one month be required

the same may be granted by the Minister for any period not exceed-

ing six months on application made in the manner provided by the

regulations.

46.

47.

manner

59° VICTORI/E, No. 40.

Goldfields Act, 1895.

manner as may be provided by any of the conditions of the lease or (if there be no such condition) it shall be lawful for the warden toorder and direct any police constable or constables or other person

or persons to take possession of such land immediately and without suit or process of any kind and from time to time as may be necessary to remove therefrom all persons in occupation of any such land provided that any such persons may also be prosecuted for the unlawful occupation of Crown lands under any statute or law in that behalf.

48. AS soon as possible after the Governor shall have decided to refuse void or grant any application for lease or void cancel or forfeit any lease issued under this Act or any Act repealed thereby notice of such refusal or intention to grant a lease or the voidance cancellation or forfeiture of any lease shall be published in the

Governor's decision

notified in Gazette.

Government Gazette and such notice in the Gazette shall be con-

clusive evidence that such application was refused or granted or that such lease was void cancelled or forfeited and the land comprised therein open for occupation subject to the provisions of this Act by any holder of a miner's right from the date of the publication of the notice as aforesaid.

PART W.—ADMINISTRATION OF JUSTICE.

IT shall be lawful for the Governor to establish by proclamation on any goldfield or in any district a court to be called the warden's court to be presided over and holden by a warden and every such court shall be a court of record and shall possess such jurisdiction as is hereafter conferred and be held at such places as the Governor may appoint. And for the purposes of this Act the term " warden's court " means equally the warden sitting alone and such warden sitting with assessors as hereinafter provided.

warden's court.

FOR every court there shall be a seal and all summonses certificates warrants and other process issued by the warden registrar or clerk of the said court shall be sealed or stamped with such seal.

50.

Seal of court.

EVERY warden shall have and exercise jurisdiction in respect of the matters hereinafter contained throughout Western Australia with power to issue summonses warrants or other process which shall have legal effect and operation throughout the said Colony.

tion of wardens.

59° VICTORI7E, No. 40.

Goldfields Act, 1895.

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 following matters :—

.) The claim of any person to the possession or occupation of any Crown land by virtue of a miner's right or of a gold-mining lease or to cut construct use possess occupy or hold any interest in any race drain dam well reservoir or water bore for gold mining or other purposes.

(2.) The claim of any person holding a miner's right to recover any land race drain dam well reservoir or water bore alleged to have been abandoned or forfeited under this Act or regulations thereunder and to the mesne profits thereof.

(3.) The claim of any person to the use enjoyment or sale of any water by virtue of a miner's right 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.

(4.) Any encroachment or trespass upon or unlawful inter- ference with or injury to any such land race chain dam 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 miner's right the unlawful ouster or exclusion of any person from any share or interest in any such land race chain dam well reservoir water bore or water and the damages and compensation for any such encroachment trespass ouster diversion abstraction interference or injury.

(s.) Any claim for debt or damages or both arising out of or made in respect of any contract or agreement what- soever relating to mining for gold or to any holding share or interest authorised by this Act or the regula- tions or the sale of or transfer of any claim lease or other authorised holding in connection with gold mining.

(6.) The specific performance of any contract or agreement relating to any lease claim or authorised holding or of any share or interest therein respectively.

(7.) The claim to any gold 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 gold.

59° VICTORI7E, No. 40.

Goldfields Act, 1895.

(8.) Concerning or arising out of any partnership for or in relation to mining for gold on any Crown land occupied or held as aforesaid or any partnership in any such land or in any race chain dam well reservoir water-bore water or gold or concerning or arising out of any contract for or in connection there- with or for the dissolution 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.

( o.) Concerning or out of any mortgage assignment or lien by way of security of or charge upon any such land race drain clam well water-bore reservoir water or gold vested in any person whether the holder of a miner's right or not or any share or interest therein or in a partnership therein.

(ii.) Concerning the cancellation and delivery up of instru- ments relating to mortgage charges or encumbrances of or upon any such land race drain darn well water- bore reservoir water or gold or an y share or interest therein or to any assignment of such mortgages charges and encumbrances or to any contract respect- ing the working or use of for mining purposes or otherwise in relation to mining or respecting the using of any such reservoir race drain clam well water- bore or water or respecting or in connection with any partnership for mining or in any such land race drain dam well reservoir water-bore water or gold or respecting the dissolving in the whole or in part of any such partnership.

(12.) Concerning the ascertainment and adjustment of bound- aries 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 complain- ant shall claim to be entitled to take possession of and occupy for residence or business under a business license and of which the defendant is and claims to be

59° VICTORIX, No. 40.

Goldfields Act, 1895.

entitled to be in possession, any 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 complain- ant 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.

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 warden's. court shall be final and without appeal.

53.      EVERY proceeding in a warden's court shall be com- P roceedings before

Dammed by a plaint and summons in such form as may be provided ,,,,,,riten to be

by the regulations and every such summons shall be issued by such commenced.

warden or by a mining registrar 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 constituting the

cause of complaint and shall require the defendant to appear before

the warden's court on a day to be named in the summons and upon

the clay so named or upon an adjourned clay of hearing and upon

proof of such service or substituted service of the said summons

as the warden 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 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 warden or his clerk and

the said fee shall be deemed to be a part of the costs of the healing.

54.

590 VICTORIAE, No. 40.

Goldfields Act, 1895.

and determine any such complaint (not including a money demand or for damages) summarily and without requiring any formal pro- ceedings to be taken in a warden's court: Provided always that both parties to the complaint shall be present at such hearing and the decision of the warden shall in every such case be final and conclusive and a minute thereof shall be made by him in the register of complaints hereinafter mentioned.

56. EVERY warden shall cause a register of complaints to be

Register of

the amount claimed together with the costs incurred by the com-

59° VICTORIZE, No. 40.

plainant up to the time of such payment into court and to give notice thereof to the complainant or Ins 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.

ANY defendant in any case in the said court whereby a

before the hearing thereof pay into court such sum of money as he demand.

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 warden he shall

pay to such defendant the costs incurred by him in the said

proceedings after such payment and the warden may decree the

same accordingly.

59.

in the entry thereof nor shall any objection be taken or allowed to informality•

any such summons or complaint for any alleged defect or misnomer or inaccurate description of any person or place or on the ground that the complainant shall appear at the hearing of the summons to Adjournment.

be entitled to 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 warden so that the subject matter in dispute between the parties shall plainly appear and the warden's court shall proceed to adjudicate according to the rights of the parties. Provided always that if it shall appear to the warden's court upon the hearing of the case that the defendant has been thereby deceived or misled and that injustice would be done by proceeding at once with the case it shall be lawful for such warden's court on such terms as to costs or otherwise as it shall think fit to adjourn the further hearing of the case to some future clay.

60.       ANY affidavit to be used in any warden's court or before a Who may take

warden may be sworn before any Judge of the Supreme Court or affid„„its.

any commissioner of that court for taking affidavits or before any

warden or Justice of the Peace.

61.

decision

59° VICTORI/E, No. 40.

Goldfields Act, 1895.

decision with the said order so underwritten shall be signed by the warden 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 mining registrar or other authorised officer or clerk to any of the parties interested therein and the decision of a warden's 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 pin-porting to be any such copy certified by the warden 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.

IN any proceeding before a warden's court it shall be lawful for the warden and he shall on the application of either party to the complaint or if he himself shall think fit 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 shall have been given. And every such special case shall after it shall have been prepared by such warden be transmitted to the registrar of the Supreme Court who shall cause the same to be set down for argument before a judge whose opinion when given shall be drawn up and transmitted by said registrar to the said warden who shall make his order in accordance with such opinion.

62.

Warden shall state

special case.

63.

NOTWITHSTANDING any of the provisions hereinbefo•e fit at the time of the making of any decision under this Act or the regulations to order that any gold 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.

Gold auriferous

IT shall be lawful for any warden upon the application of claim or in any land applied for as a lease or comprised in any gold- mining lease or in any other land adjoining any claim or land comprised as aforesaid by writing under the hand of such warden to authorise the applicant together with a mining- surveyor his

64.

Warden may

59° VICTORI2E, No. 40.

Goldfields Act, 1896.

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 said first mentioned claim or land or other land.

65.        F1' shall be lawful for the persons so authorised to enter

upon the claim lease or land described in such order as last aforesaid out order in last

mid to descend any shaft or mine and to make the necessary surveys section.

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 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 warden (who is hereby authorised

to take the same) that he the said surveyor and the other person or

persons will not (except as a witness 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.

59° VICTORIA, No. 40.

Goldfields Act, 1895.

parties interested in opposing the same or such of them as shall appear to such warden sufficiently to represent the parties so interested m upon such of them as such applicant can by using reasonable diligence or means in the opinion of such warden serve with such notice and in the presence of such parties or such 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 warden.

able attempts have been made to serve notice on the parties aforesaid without success it shall be sufficient service of ally such notice if the same be advertised in some newspaper published in the district or if none then by causing such notice to be posted at the warden's office.

IF by reason of the pressing emergency of any particular application of any such person as aforesaid but without any notice as aforesaid by order under his hand grant such injunction as aforesaid but to be ill force for a period of seven days only inclusive of the day upon which such order shall have been made or until the same shall by the said warden be discharged. 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.

67.

Warden may grant

UPON the granting of any injunction relating to any lease as provided in the last two preceding sections the Wardell 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 thereof a note of such injunction being granted shall immediately be made in the register of goldmining leases.

68.

THE warden's court shall as regards all matters and purpose of enforcing the decisions and orders 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

59° VICTORIIE, No. 40.

Goklfields Act, 1895.

absolute or conditional in as full and ample a manner as might awl

ought to be clone in the like case by the Supreme Court.

WARDEN'S COURT ASSESSORS.

72.

consist of Justices of the Peace leaseholders holders of business payment of

licenses and miners' rights resident within the goldfield. Such asses'

assessors when summoned to attend the warden's court shall receive

the sum prescribed by the regulations for each clay they may be in

attendance at such court.

73.

74.

59° VICTORLE, No. 40.

Goldfields Act, 1895.

mentioned in such summons so many of the persons whose names are on the roll of mining assessors not being less than six nor more than ten to be chosen by lot from the roll of mining assessors in the presence of the warden. Every person so summoned as afore- said shall attend the court at the time mentioned in the summons

AT the opening of the warden's court for the hearing of ally complaint as aforesaid the warden shall put together into a box to be provided for that purpose pieces of card of equal size contain- ing each the name in full of one assessor of the number summoned as aforesaid and upon the complaint being called on for hearing the warden or other person chosen by him shall in open court draw out the said cards one after the other and read aloud the names thereon and the first two assessors who shall answer to their names and be unchallenged shall be the two assessors who shall sit and hear the complaint with the warden. Provided that either party may challenge as the names are called any number of persons sum- moned EIS assessors not exceeding two without assigning cause and

complaints.

76.      BEFORE such warden's court shall proceed to hear any

to be administered

So help me God."

And on such oath being administered such warden's court shall proceed to hear such complaint and the decision of the majority of the said warden's court shall have the same force and effect as the decision of such -Warden if acting alone would have had. Provided that in the case of any assessor who may by law make an affirmation in lieu of swearing the warden shall in lieu of the oath hereinbefore mentioned administer the following declaration-

" I A.B. do solemnly sincerely and truly affirm and declare

that the taking of an oath is according to my religious

59° VICTORIIE, No. 40.

Goldfields Act, 1895.

belief unlawful and I do also solemnly sincerely and truly affirm and declare that 1 will well and truly try and determine the matters which shall be brought before me and a true judgment give according to the evidence without fear or favour."

78.

79.

59° VICTORI1E, No. 40.

Goldfields Act, 1895.

IT shall be lawful for the warden in all proceedings before him or him and assessors in his discretion to give or refuse to either party the costs of the suit hearing or other proceeding or any part thereof and in case of giving them to give them in his discretion as between the parties. The warden 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 warden's court and in default of any special direction each party shall pay his own costs.

Eon of costs.

82.       ANY person on whom any summons issued by any warden

Penalty on witnesses requiring such person to appear as a witness in court or before such

neglecting to appear.

warden shall have been served personally or in such other manner as shall be directed by the regulations and to whom at the same time payment or tender of his expenses shall have been made on the 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 warden 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 exceeding one calendar month unless in the meantime the whole amount shall have been paid and

59° VICTORLE, No. 40.

Goldfields Act, 1895.

the order in writing of the said warden 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.

83. IT shall be lawful for any assignee executor or ad-

84.

APPEALS.

85.

86.             IF either party to any complaint or proceeding in a

warden's court shall be dissatisfied with the decision of the said court Appeals. both parties or their solicitors and if they cannot agree the warden 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,

where such decision is not hereby declared to be final and whether

such decision be a dismissal of the case or otherwise such party

may appeal from the same to the court of mining appeal 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 warden shall think fit until such decision shall have been given.

59° VICTORIA, No. 40.

Colt-yields Act, 1895.

(2.) Every case for appeal after it shall have been signed as aforesaid shall together with a certified copy of the evidence taken in the warden's court be transmitted by the warden to the registrar of the Supreme Court who shall be the registrar of the court of mining appeal and the registrar shall cause the same to be set clown for argument before the said court of mining appeal. Provided that the party so appealing shall within seven days from the hearing in the warden's court give to the other party or his solicitor and to the warden a notice in writing of such appeal stating clearly the grounds of his appeal signed by the appellant or his solicitor. The appellant shall also deposit in the hands of the mining registrar such sum as the warden shall direct to answer the costs of appeal if such appeal be dismissed.

(3.) At the trial or hearing of any complaint or proceeding in a warden's court where the decision of the court is not hereby declared to be final the warden at the request of either party before the decision is delivered shall make a note of any question of law raised at such trial or hearing 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 72 words be entitled to a copy of the notes of evidence taken by the warden and of the note of any questions and facts raised and found (if any) and of the decision thereon.

AS soon as the decision of the court of mining appeal shall have been given on any appeal the registrar of the said court shall cause the same to be transmitted in due form to the warden who shall make his order in accordance with the decision of the said court on such appeal.

87.

Decision of court

on appeal.

AFTER any appeal against the decision of any warden or warden and assessors shall have been determined and the decision of the court of mining appeal ,recorded as the decision or order of the warden or warden and assessors in the warden's court it shall be lawful for any warden to proceed to enforce such decision in the same manner as such warden might have done if no such appeal had been brought.

88.

Decision may be

enforced.

(I.) IT shall be lawful for the Judges of the court of mining appeal or any two of them from time to time but subject to the provisions of this Act and the Regulations to make such general rules as they shall think fit for regulating the practice and procedure of the court of mining appeal holden under this Act the fees to be paid in respect of proceedings in such court and the fees to be

59" VICTOMIE, No. 40.

Goldfields Act, 1895.

allowed to legal practitioners practising in the said court and to frame forms for every matter or proceeding in the said court which they shall think necessary and from time to time to rescind or alter any such rules as aforesaid.

(2.) Until such rules are made the rules and scale of fees of the Supreme Court regulating appeals to the Full Court shall as far as applicable apply to appeals under this Act.

PART V.—PENALTIES, FORFEITURES, &C.

90.

91.

92.

59° VICTORI 7E, No. 40.

Goldfields Act, 1895.

IT shall be lawful for any person in custody under any

IF ally person shall forge any miner's right consolidated miner's right or ally lease license or permit issued or purporting to be issued under the authority of this Act or the regulations or fraudulently use utter or exhibit any such forged miner's right consolidated miner's right lease business license or official receipt knowing the same to be forged such person shall he guilty of a misdemeanour and shall on conviction thereof be sentenced to imprisonment either with or without hard labour at the discretion of the court for any period not exceeding twelve months.

offences.

IF any warden registrar or mining surveyor shall at any time during his appointment hold any interest or share in any claim gold-mining or mineral lease or mining adventure or if any warden shall adjudicate 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.

and other officers.

ANY person who shall wilfully and corruptly exact take or accept any fee sum or reward whatsoever other than and except such fees or sums as are or shall be lawfully appointed or allowed for or on account of anything done under the authority of this Act shall on conviction thereof before two Justices of the Peace forfeit and pay any sum not exceeding Fifty pounds and in default of immediate payment thereof to imprisonment with or without hard labour not exceeding six calendar months.

tortion.

98.       ANY person who shall assault obstruct or resist any warden

Assault on warden

and other offences. or any person duly authorised by any warden in lawfully entering

59" VICTORIX, No. 40.

Goldfields Act, 1895.

upon any lease claim 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 ill the exercise of his powers under this Act or any person who after being removed by any warden under the provisions of this Act from any lease claim or other authorised holding who shall forcibly or clandestinely retake

OT retain or endeavour 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 shall resist such complainant or Ms agents in such use or diversion or who upon or in consequence of the decision of any warden's court against him shall assault or threaten to assault any person in whose favour such decision shall have been made shall on conviction thereof before any two Justices forfeit any sum not exceeding Fifty pounds and in default of payment shall be liable to be imprisoned for any period not exceeding six months.

590 VICTORUE, No. 40.

Goldfields Act, 1895.

dust shall have been found in or procured from the soil of the Colony

or if the gold contained in such bullion shall have been found in or

procured from the soil of the Colony shall at the Customs declare the weight or value of the same at the time of export. Any person failing to comply with the provisions of tins section may on summary conviction before any two justices be fined any sum not exceeding Ten pounds or any sum not exceeding an amount equal to five per cent. on the value of the undeclared articles whichever sum shall be the greater. Provided that no person exporting from the Colony articles manufactured of gold although such gold shall have been found in or procured from the soil of the Colony shall be bound to declare the weight or value of such articles.

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

to this Act.

ALEX. C. ONSLOW, Administrator.

59° VICTORLE, No. 40.

Goldfields Act, 1895.

SCHEDULES.

Goldfields

Act, 1886"

" The Goldfields Act, 1886."

58 Vic., No. 28 ... " The Goldfields Act, 1886, Amend- The whole.

ment Ad, 1894."

Register of Complaints.

Assessors

59° VICTORIX, No. 40.

Goldfields Act, 1895.

Third Schedule.

In the Warden's Court at

Upon the application of the Commissioner of Crown Lands I do order that the buildings or erections or other bond jade improvements on the land occupied by A.B. under his miner's right (or business license) at shall he valued by C.D. of and two other persons to be appointed according to the provisions of " The Goldfields Act 1895" and their award shall

Section 27.

18

Fourth Schedule.

We A.B. of &c. C.D. of &c. and E.F. of &c. have valued the buildings or

18 .

A.B.

C.D.

E .F.

By Authority: RICHARD RETHER, Government Printer, Perth.