Goldfields Act-Amendment.

41. SECTION eighty-one is amended by inserting, after the word "proceedings," in the first line, the words "under the jurisdiction conferred by section fifty-two."

42. SECTION ninety is amended by striking out, in the eighth line, the words "shall and."

Amendment of s. 81.

Amendment of s. 90.

Amendment of 60

43. SECTION six of the Goldfields Act Amendment Act, 1896, is amended by inserting after the word "before," in the fourth line, Vict., No. 36, s. 6. the words "any Warden or."

44. SECTION nine of the Goldfields Act Amendment Act, Amendment of 1898, is amended by striking out, in the first line, the words "the Vict., No. 16, s. 9. hearing of," and substituting the word "recommending," and by striking out, in the fifth line, the words "the hearing," and substituting the words "his recommendation."

45. SECTION ten of the last-mentioned Act is amended by striking out the words "one-third," in the second line of the second paragraph, and by inserting in lieu thereof "one-eighth."

46. SUB-SECTION two of section twelve of the last-mentioned Act is repealed.

47. SECTION thirteen of the last-mentioned Act is amended by striking out the words "not exceeding four," and substituting "if the total area does not exceed ninety-six acres."

48. SECTION fourteen of the last-mentioned Act is amended by adding the words "and the whole or any portion of such fine may, in the discretion of the Governor, be awarded to the applicant for forfeiture."

49. SECTION nineteen of the last-mentioned Act is amended by inserting after the word "Minister," in the fourth line, the words "or the Under Secretary for Mines."

62

Amendment of s. 10.

Repeal of section 12, sub-section (2).

Amendment of s. 13.

Amendment of s. 14.

Amendment of s. 19.

50. SECTION twenty of the last-mentioned Act is hereby Repeal of s. 20, and repealed, and the following substituted:—

(1.) No person shall buy gold from any other person unless
either the buyer or the seller is the holder of a "Gold
Dealer's License" (hereinafter called a "license"), and
any person who shall buy gold, except as aforesaid, shall

substitution of new section.

be

Warden or Resident Magistrate may grant a gold-dealer's license.

Renewal of license.

Goldfields Act-Amendment.

be guilty of an offence, and on conviction thereof shall be liable to a fine not exceeding One hundred pounds, or to imprisonment for not more than three months. Provided that nothing herein contained shall apply to the purchase of gold-bearing ores or tailings from any registered leaseholder or claim-holder under a contract in writing, signed by or on behalf of the vendor, setting forth that the ores or tailings were produced from and taken out of the ground comprised in the lease or claim of which the vendor is the registered holder, and which said lease or claim is sufficiently described in the said

contract.

(2.) A license may be issued to any person desirous of dealing in gold. If such person desires to deal in gold on any goldfield, he shall apply for a license to the Warden, and if without a goldfield, to the Resident or Police Magistrate of the district within which his place of business is situated. All such applications shall be made in open Court, after the prescribed notice has been given. Any person may object to the issue of such license. No license shall be issued to any applicant unless the Warden or Magistrate is satisfied that he is a person of good character and reputation, and it shall be in the absolute discretion of such Warden or Magistrate to grant or withhold such liceuse, as he may think fit. A fee of One pound shall be payable for a license, which shall remain in force until the thirty-first day of December next after the date of its issue, and may be annually renewed, on payment of a like fee, but may be cancelled by a Warden or Magistrate on the licensee being convicted of any offence against this section, or of any felony or misdemeanour which, in the opinion of such Warden or Magistrate, renders him unfit to hold a license.

(3.) The Warden of any goldfield, or the Resident or Police Magistrate of any district in which licenses are in force, shall appoint a day during the month of December in each year for the holding of a Court for the granting of renewals of licenses. At least seven days' notice shall be given of the sitting of such Court by advertisement in a newspaper (if any) circulating in the district, and any licensee desiring to renew his license shall give notice, in the prescribed form, to the Warden or Magistrate of his intention to apply. Such Court may be adjourned to any day during the same month. On every application for a renewal of license the Warden

or

Goldfields Act-Amendment.

or Magistrate shall have like discretion as to such
renewal as in the case of an original application.

(4.) A license shall only entitle the licensee to deal in gold
within the goldfield, goldfield district, or magisterial
district within which it is issued, but the Warden of any
other goldfield or Resident or Police Magistrate of any
other district may, on application being made in open
Court, extend such license to such other goldfield or
district, and indorse the license to that effect. Notwith-
standing any of the provisions of this section, any
incorporated Bank may, on application to the Under
Secretary for Mines, obtain a license without giving
notice, which shall apply throughout the Colony.

Effect of license.

Registers of holders

of gold dealers' licenses to be kept

at the office of

(5.) (a.) There shall be kept at the office of the Warden and
the Resident or Police Magistrate of every goldfield
or district, a register of all holders of licenses
granted or in force in such goldfield or district, Wardens and Resi-
and every licensee residing or carrying on business dent Magistrates.
as a gold dealer in any goldfield, goldfield district,
or magisterial district, shall cause his name, and the
address of his place or places of business, and
of any change of address, to be registered in the
register to be kept as aforesaid.

(b.) It shall be the duty of the Mining Registrar, or the
Clerk to the Magistrate, to transmit a statement
of the name and residence of every person to
whom a gold dealer's license is granted, or who
obtains a renewal thereof, and the date of the
issue or renewal thereof, to the Under Secretary
for Mines, who shall record the particulars so
transmitted in a book, to be called the Register
of Gold Dealers.

(c.) The before-mentioned registers shall be open for
inspection by the public at all times during
ordinary office hours.

(d.) Every name of a licensee shall be struck off the
register on the expiration of his license, unless a
renewal of such license has been previously
granted.

Licensee to keep gold

(6.) Every licensee shall keep at his place of business a book (hereinafter called "A Gold Dealer's Book"), and shall purchase book." immediately, after buying or selling any gold, make an entry in such book of the name and address of the

buyer

Inspection of gold purchase book.

Returns to be furnished by owners, etc., of batteries.

Penalties for offences.

Jurisdiction.

Interpretation.

Goldfields Act-Amendment.

buyer and seller, respectively, and of such other particulars as may be from time to time prescribed, and shall furnish to the Warden, Resident or Police Magistrate, or Under Secretary for Mines, such particulars as to gold bought as may also be from time to time prescribed. Any licensee failing to comply with these provisions shall be guilty of an offence against this section.

(7.) Every inspector. sub-inspector, or sergeant of police, and (if authorised in that behalf in writing under the hand of a Warden, or Resident or Police Magistrate, or under the hand of any two Justices of the Peace), every member of the police force or officer of the Mines Department may at any time, on a business day, enter the place of business of a person holding a gold dealer's license, or other the place where his gold dealer's book is, and may inspect and make extracts from such book, and every person refusing to produce such book, or resisting or impeding such inspection, or extracting, shall be guilty of an offence against this section: Provided that the person making such inspection or extracts shall not divulge the result thereof to any person other than a superior officer, or by order of the Court, under a penalty on summary conviction not exceeding Twenty pounds.

(8.) Every owner or manager of a battery or other apparatus for the extraction of gold from earth or ore, shall furnish the Mines Department monthly with a return, setting forth the amount of stone or earth treated by him during the previous month, together with full particulars of the amount of gold extracted therefrom, with such other particulars as may be prescribed by the Regu lations.

(9.) Save where a penalty is specially provided, a person guilty of an offence against this section shall be liable to a fine of not more than Twenty pounds, and in default to imprisonment not exceeding three months, and every offence against this section may be dealt with by a Court of summary jurisdiction.

(10.) For the purposes of this section "buyer" shall mean as well dealer or agent, and "gold" shall mean as well gold bullion, gold ores, alluvial gold, gold amalgam, gold alloys, zinc precipitates, slag, concentrates, and unwrought gold in any form.

(11.)

Goldfields Act-Amendment.

(11.) Every license granted under the section hereby repealed Expiration of exist
shall expire on the Thirty-first day of December, One ing licenses.
thousand nine hundred, but any licensee whose license
except for this Act would have continued after that
date, shall be entitled to receive from the Under
Secretary for Mines the proportionate part of the fee
paid for such license in advance for any period
subsequent to such date.

51. IT shall not be lawful for the owner, lessee, or occupier of any mine lying under any railway reserve, or under land resumed for railway or tramway purposes, to mine under such reserve or resumed land without giving at least fourteen days' previous notice, in writing, to the Minister.

The Minister may impose upon such owner, lessee, or occupier such terms, if any, as the Minister thinks necessary for the public safety, and in that case such mining shall only be carried on in accordance with those terms.

A condition for the observance of this section by the lessee of every existing and future mining lease shall be deemed to be contained therein. The Governor, if he shall think fit, may, at the request and cost of any such lessee, owner, or occupier, cause or require the deviation of any railway or tramway so far as may be necessary for the working of any lode or reef.

No person to mine

under railway reserve except on

certain condition.

Gazette notices of

forfeiture of mining leases to be con

clusive evidence of

52. SUBJECT to the provisions of section twelve of the Goldfields Act Amendment Act, 1898, and without prejudice to any lease the subject of pending legal proceedings, whenever by any notice heretofore or hereafter inserted in the Government Gazette, signed, or forfeiture. purporting to be signed by the Minister, or by the Under Secretary See Mines Act, 1890 for Mines, any lease granted under the principal Act, or any Act of Victoria, sec. 76. relating to gold mining heretofore in force, shall have been declared void or forfeited, such notice shall be deemed to have been from the date of such its publication conclusive evidence that such lease was and was duly declared to be forfeited at the time mentioned in such notice, and that Her Majesty forthwith thereafter re-entered upon the said land in pursuance of the proviso for re-entry contained in the said lease, and the land comprised in any lease so declared void shall be deemed to have been, from the date of the publication of the Gazette containing such notice, vacant and unoccupied Crown land, capable of being taken possession of and occupied for mining or other purposes within the meaning of the principal Act, and any person who, after such insertion, shall remain or be in the possession or occupation of the lands comprised in such lease, or any part of them, under colour of such lease, shall be deemed to be in the unauthorised