✨ Extracts from Gold-fields Act
32
RULES AND REGULATIONS OF THE
EXTRACTS FROM "THE GOLD-FIELDS ACT,
1866."
SECTION VII.—RIGHT OF SERVANT VESTED IN EMPLOYER.
If any person being the holder of a Miner's Right shall hire himself for wages to an employer, the right to hold and occupy any claim by virtue of such Miner's Right, and to any gold therein, shall be vested in such employer: Provided always, that in the event of non-payment of such wages, any person so employed shall be deemed to have a lien upon the claim whereon he has been employed to the extent of the amount of wages due to him.
VIII.—ADDITIONAL MINERS' RIGHTS.
It shall be lawful to issue any number of Miners' Rights, not exceeding six, to any person applying for the same; and the holder of such Miners' Rights shall be entitled to occupy, either separately or conjointly, a corresponding number of claims: Provided that there shall be employed thereon at least one man for each claim so occupied.
LII.—HOLDERS OF AGRICULTURAL LEASES ENTITLED TO PURCHASE.
Any person being the holder of a lease of land for agricultural purposes under the provisions of this or of any preceding Act authorizing the issue and granting of such lease upon a Gold-field, and who shall have planted, cultivated, or otherwise improved two-thirds or more of the same, shall be entitled to purchase the fee-simple thereof, without competition, at any period being not less than three nor more than seven years after the date of such lease, and at the upset price which at the date of such purchase shall have been fixed by law for Crown Lands of the same class in the province wherein such land shall be situate: Provided that there shall be no renewal of such leases under this Act.
XCVII.—PENALTY ON PERSON MINING WITHOUT MINER'S RIGHT.
Any person not being the owner of a Miner's Right, or of a gold-mining lease under this Act, who shall mine for gold upon any proclaimed gold-field, and any person who shall employ any such unauthorized person to mine, and any person not being the holder of a Miner's Right, or license, or lease duly empowering him in that behalf, and not being an authorized person within the meaning of this Act, who shall occupy or carry on any business upon any Crown lands within any proclaimed gold-field, shall be liable to the penalties following; that is to say: for the first offence, a sum not exceeding five pounds; for the second or any subsequent offence, a sum not exceeding ten pounds nor less than five pounds, with imprisonment in some gaol, there to remain for any time not exceeding one calendar month, for every five pounds or fractional part of five pounds so to be paid: Provided always, that in any case where a Miner's Right or Business License may have been lost or destroyed, the existence of such right or license may be proved by reference to the books of the Receiver of Gold Revenue of the district wherein such right or license may have been issued; and in such case, a certificate shall be granted to the holder of such right or license securing to him all the privileges held under such right or license until the due expiration of the same, and for which the fee of one shilling shall be paid in the case of a Miner's Right, and five shillings in the case of a Business License; and a statutory declaration shall in all such cases be made as to identity, and the facts of the case.
XCVIII.—PENALTY FOR MINING ON PRIVATE PROPERTY.
Any person who shall knowingly mine or employ any person to mine for gold on any land belonging to a private individual, without the consent of the owner thereof or his duly authorized agent, shall be subject to the like penalties as are mentioned in the last preceding clause: Provided that nothing in this section contained shall prejudice any claim for damages on the part of any such private individual or owner against the person so mining or employing any person to mine.
XCIX.—FORGERY OF MINER'S RIGHT A MISDEMEANOR.
If any person shall forge or alter any Miner's Right, license, lease, or other document issued under the authority of this Act, with intent to defeat the provisions thereof or to defraud any person whomsoever, he shall be guilty of a misdemeanor, and on conviction thereof before any Court of competent jurisdiction, shall be subject to a fine not exceeding one hundred pounds, or imprisonment with or without hard labour not exceeding three years, or both, at the discretion of the Court.
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🌾 Extracts from the Gold-fields Act, 1866
🌾 Primary Industries & ResourcesGold-fields Act 1866, Mining regulations, Miner's Right, Agricultural leases, Penalties, Gold mining
Nelson Provincial Gazette 1868, No 29