✨ Gold-fields Act regulations
NELSON SOUTH-WEST GOLD-FIELDS.
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C.—PENALTY ON PERSONATION OR MISREPRESENTATION.
If any person shall use or exhibit any forged Miner's Right, license, or lease, issued or purporting to be issued under the authority of this Act, knowing the same to be forged, or if any person shall fraudulently personate the holder of any such Miner's Right, license, or lease, or shall falsely and fraudulently represent that any servant or other person is an authorized person within the meaning of this Act, or shall fraudulently use or exhibit as his own any Miner's Right, license, or lease belonging to or granted to any other person, or shall use or exhibit as valid a Miner's Right, license, or lease which shall have expired, he shall be liable to a penalty for every such offence not exceeding fifty pounds, or imprisonment with or without hard labour not exceeding one year, or both, at the discretion of the Court.
CL.—PENALTY FOR BREACH OF RULES.
Every person committing any breach, where by way of omission or commission of any of the rules or regulations made under the authority of this Act, shall for every such breach be liable to a fine or penalty not exceeding ten pounds for the first offence, and twenty pounds for any second or subsequent offence.
CII.—PENALTY FOR NON-ATTENDANCE AS WITNESS, ASSESSOR, ETC.
If any person summoned to attend the hearing of any suitor matter to be heard or determined under the provisions of this Act, whether as assessor, witness, or party to the suit, having been duly summoned, shall neglect or refuse to attend at such time and place as shall be named in the summons, or if he shall refuse to be sworn as witness, or to be sworn or serve as assessor, it shall be lawful for the Warden or Judge of any such Court in any such case, unless some reasonable cause for such non-attendance or refusal be made to appear to such Warden or Judge, to fine such person any sum not exceeding five pounds, as to the Warden or Judge shall seem fit.
CIII.—PENALTY FOR ASSAULTING WARDEN OR JUDGE.
If any person shall assault or resist any Warden or Judge of any Court constituted under this Act, or any Resident Magistrate, or any other person whilst in the execution of the duties to be performed by him under this Act, or if any person having had the boundaries of his claim pointed out by any such Court shall encroach or trespass upon the claim of any other person, every such person so assaulting, resisting, or encroaching, shall be fined any sum not exceeding fifty pounds, with imprisonment till payment 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 that the time of imprisonment shall in no case exceed six calendar months, and shall cease upon payment of the penalty ordered to be paid, together with costs.
CIV.—PENALTY FOR WORKING CLAIM UNDER SUSPENSION.
If any person after having been ordered to suspend the working of any claim as hereinbefore provided, shall work such claim, he shall be liable to a penalty not exceeding twenty pounds.
CXII.—INCAPACITY TO SUE WITHOUT MINER'S RIGHT.
Notwithstanding anything hereinbefore contained, no person shall be entitled to institute proceedings in any Court holden under this Act, or in any other Court, to recover possession of any land which such person is entitled to, or is entitled to occupy by virtue of the provisions of this Act, or of any share in such land, or to recover damages for, or to restrain the occupation of or encroachment upon such land or any part thereof, or to obtain any interest in any water-race, dam, or reservoir, unless such person shall have been the holder of a Mining or Agricultural Lease, Business License, or Miner's Right, at the time when his alleged title to recover such possession, or damages, or interest, or to obtain such relief, first arose or accrued.
CXIV.—REVOCATION OF REGULATIONS NOT TO AFFECT INTERESTS.
Any right, title, or interest, acquired or created under any regulation or by-law made in conformity with this Act, shall not be in any manner affected by the alteration, amendment, or revocation of such regulation or by-law.
CXV.—FINE MAY BE SUBSTITUTED FOR FORFEITURE.
In all cases wherein forfeiture is or shall be decreed by this Act, or any regulations made or to be made in conformity therewith, it shall be lawful to substitute a monetary fine in lieu thereof, and to allow thereout a sufficient sum to defray any reasonable expenses incurred by the plaintiff (if any) in the prosecution of this suit.
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Extracts from the Gold-fields Act, 1866 (continued)
(continued from previous page)
🌾 Primary Industries & ResourcesGold-fields Act 1866, Mining regulations, Penalties, Legal proceedings, Forfeiture, Nelson South-West Gold-fields
Nelson Provincial Gazette 1868, No 29