Abbildungen der Seite
PDF
EPUB

PART VIII.

Obstructing officer.

Infringement of Act or regulation.

Officer not to hold mining interest or adjudicate when interested.

Onus of proof.

Proceedings for recovery of penalty

The Mining Act.-1893.

exceeding ten years, with or without hard labor; and any person who shall fraudulently use or exhibit as his own any such miner's right, business licence, occupation licence or lease, belonging or granted to any other person, or use or exhibit as a valid miner's right, business licence, occupation licence or lease, any miner's right, business licence, occupation licence or lease, which shall have expired, shall be deemed guilty of a misdemeanor, and shall be liable to be imprisoned for any term not exceeding two years, with or without hard labor.

122. Any person who shall wilfully obstruct, hinder, assault, or resist a warden or inspector, or a person duly authorised by a warden or inspector, or a person authorised by this Act or the regulations to exercise any right or power or execute any duty, or who shall wilfully disobey a warden's order other than an order for the payment of money, or shall be guilty of contempt of a warden acting in a judicial capacity, shall be liable to a penalty not exceeding Fifty Pounds, or to be imprisoned, with or without hard labor, for any period not exceeding six months.

123. Any person who shall infringe a provision of this Act, or the regulations, for the infringement whereof no penalty is prescribed, shall be liable for every such offence to a penalty not exceeding Ten Pounds.

124. If any officer appointed under this Act shall hold, either directly or indirectly, a share or interest in any mining venture in South Australia he shall be liable to a penalty not exceeding Five Hundred Pounds or imprisonment with or without hard labor for any term not exceeding six months.

125. In any action, suit, or proceeding under this Act the averment that any lands are Crown lands, mineral lands, dedicated lands, reserved lands, or lands belonging to or vested in the Crown, or that any person is an inspector of mines, warden, mining registrar, or other person authorised to take any proceedings or perform any duty under this Act, shall be sufficient without proof of such fact, unless the defendant proves the contrary. If any question arises as to the authority of the defendant to do the act complained of, the proof thereof shall lie upon the defendant. Judicial notice shall, in such action, suit, or proceeding, be taken of all miners' rights, mining leases, licences, certificates, maps, plans, and office copies purporting to be signed by any person authorised by this Act or the regulations to sign the same.

126. (1) All proceedings for offences against this Act or any regulation which are punishable by fine or pecuniary penalty, or by imprisonment for not more than six months, and which are not within the jurisdiction of a warden under Part II., shall be taken before and determined in a summary way by any Special Magistrate or two Justices of the Peace of the said province.

(2) All

The Mining Act.-1893.

(2) All such proceedings shall be regulated by Ordinance No. 6 of 1850, "The Justices Procedure Amendment Act, 1883-4," and any other Act that may be law in that behalf.

(3) In every case of the adjudication of a fine or pecuniary penalty or amends under this Act, or any regulation, by Justices or a warden, and of non-payment thereof, any Justice may commit the offender or person making default in payment to any gaol in the said province for a term not exceeding twelve months, the imprisonment to cease on payment of the sum due, and any costs which may have been awarded, and of the costs of the proceedings taken under this section, which latter costs such Justice shall have power to assess.

PART VIII.

127. There shall be an appeal from any order of Justices made Appeal. under this Act, and from any conviction by any Justices for any offence against this Act, or from any order dismissing any information or complaint under this Act, which appeal shall be to the nearest Local Court of Full Jurisdiction; and the proceedings on such appeal shall be conducted in manner provided for appeals to Local Courts by Ordinance No. 6 of 1850, and "The Justices Procedure Amendment Act, 1883-4," or any Act for the time being in force in that behalf. And the Local Court may make such order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

128. The Local Court, upon the hearing of any appeal, whether Special case. under the last preceding section or under section 25 hereof, may state one or more special case or cases for the opinion of the Supreme Court, and the Supreme Court shall hear and decide on such special case or cases according to the practice of the Supreme Court on special cases, and may make such order as to the costs thereof as shall appear just; and the Local Court shall make an order in respect of the matters referred to the Supreme Court in conformity with the certificate of the Supreme Court, or of any Judge thereof, which order of the Local Court shall be enforced in manner provided for the enforcement of orders of Justices under the said Act Ordinance No. 6 of 1850, or under any Act relating to the duties of Justices of the Peace.

129. All moneys received for penalties imposed for offences Application of against this Act, or for fees, shall be paid to the Treasurer for the penalties. public revenue of the province.

evidence.

130. The Government Gazette in which shall be published any Government Gazette proclamation, regulation, or notification under this Act, shall be prima facie evidence of the matters therein appearing.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

S. J. WAY, Lieutenant-Governor.

SCHEDULES.

[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small]

[Set forth the subject-matter of complaint in paragraphs.]

and says―

The complainant therefore prays [set forth relief sought, or such other or further relief as shall be just. The amount sought to be recovered, so far as the demand is pecuniary, is £

Dated the

day of

18 .

A. B.

[blocks in formation]

in the

[ocr errors]

on the

day of

at

You are hereby summoned to appear before me, or some other warden, at 18 o'clock noon precisely, to answer the complaint of [insert names, addresses, and occupations of all the complainants], by which complaint he seeks [here insert nature of complaint]

You may have a summons to compel the attendance of any witness, or for the production of any books or documents, by applying at my office. Bring this summons with you when you come to my office. Given under my hand, this

day of

18

[ocr errors]

C. D., Warden.

Adelaide By authority, C. E. BRISTOW, Government Printer, North-terrace.

« ZurückWeiter »