No. 10-1874.

5. Every certificate of reservation as hereinafter provided shall bear a stamp of one shilling for each working day for which it is issued, but no certificate of reservation shall be issued for more than twenty working days.

6. Every certificate of hypothecation shall bear a stamp of ten shillings.

7. The Inspector or Overseer of claims in charge of any Digging may hear and decide all questions between claimholders at such Digging relating to the limits of claims, encroachment on claims, or damage done to claims, sorting-places, machinery, or appliances; and shall examine all witnesses on oath, and take down their evidence in writing, and shall have authority to summon all defendants and witnesses in such cases to appear before him, and in default of their appearing may issue warrants for their being brought before him, and for non-attendance may fine them any sum not exceeding five pounds, and if any person shall be guilty of such misconduct at the hearing of any case as would in the Court of a Resident Magistrate be deemed contempt of Court, the Inspector or Overseer of claims shall have authority to deal with such person in the manner provided for contempt of Court by Act No. 20 of 1856; provided always that all decisions of Inspectors or Overseers of claims shall be subject to an appeal to the High or Circuit Court. 8. The service of any summons on any defendant or witness in any case to be heard before the Inspector or Överseer of claims may be performed by any person authorized by the Inspector or Overseer to serve such summons.

9. The Inspector or Overseer of claims shall have the sole and entire control of the whole digging area or areas and of the working of the Digging for the general safety and convenience of the miners.

10. If any fine imposed by the Inspector or Overseer of claims, or any sum awarded for witness expenses, or as damages, shall remain unpaid for twenty-four hours, it shall be lawful for the Inspector or Overseer to make such amount a lien on the claim of the person in default, and if necessary, after the lapse of seven days, to proceed to sell the claim publicly in order to pay such lien ;-any sum remaining over after payment thereof to be paid to the person who shall have so forfeited his claim, or to his authorized agent. 11. Every Inspector or Overseer of claims shall be bound to account for all sums received by him in his official capacity, or which, but for his default, ought to have been so received by him in such manner as may be directed by the Government.

12. Every Inspector or Overseer of claims shall be bound to account for all sums so received by him, in such manner as may be directed by the Government.

13. Every Inspector or Overseer of claims may of his own motion or at the request of either of the parties to any dispute call in a jury of three claimholders to assess damages; one juror to be named by each party to the case, and one by the Inspector.

SECTION III.-OF NEW DIGGINGS DURING THE FIRST SIX MONTHS OF
THEIR BEING PROCLAIMED.

1. Every place shall be deemed and taken to be a new Digging which shall hereafter be declared a Digging by Proclamation.

2. Unless otherwise provided by Proclamation, claims at all new Diggings shall, as far as practicable, be thirty feet square.

3. When a new Digging is discovered, the Inspector or Overseer of claims, who shall be appointed by Government to superintend such Digging, shall proceed as soon as possible to the spot for the purpose of registering the claims.

4. If there shall be any certificated miner holding a Civil Commissioner's certificate entitling him to prospecting claims, such miner shall first select and mark off the ground for such claims, which shall be in one block.

5. As soon as the claims have been measured and numbered, and their boundary lines rectified, and a plan made of the same, the Inspector or Overseer shall give notice of the day and hour at which he will proceed to allot them in the order in which they have been marked out, to the certificated miners or their duly authorized agents who shall attend to have them registered in their names.

6. When two-thirds of the claims applied for have been allotted and registered, the Inspector or Overscer shall proceed to define the area outside the claims which shall be reserved for mining purposes, and, if the Digging be on Crown land, he shall appoint the site of the camp or township, and issue regulations for the cutting of firewood, the grazing of cattle, and if necessary, for the sinking of wells for water.

7. At every new Digging at which there shall be more than fifty registered claimholders, such claimholders shall, upon an application made in writing to the Government and signed by not less than two-thirds of the whole number, be at liberty to elect a Diggers' Committee of not less than five or more than nine members, for the making of bye-laws for such diggings, and such bye-laws shall have effect upon their being approved of by the Governor and published in the Gazette.

8. At every new Digging where there shall be no Diggers' Committee, or where the Diggers' Committee shall not have in force any approved bye-laws, the Inspector of claims for such Digging may make bye-laws for such Digging which shall have effect upon their being approved of by the Governor and published in the Gazette.

9. At any new Digging every miner shall be entitled to have one claim registered in his name, and no more, and no miner shall transfer his claim during the first three months of such Digging being proclaimed.

10. Any claim which shall be proved to have remained unregistered or unworked for seven days, not being any of them a Sunday or public holiday, shall, unless the holder of such claim shall have obtained from the Inspector or Overseer a certificate of reservation, be declared abandoned by such Inspector or Overseer upon the application of any certificated miner, who may apply in writing at the office of the Inspector or Overseer to have such claim registered in his name, and if by noon on the day next succeeding the day on which such application shall be made, no other certificated miner shall have applied for such claim, then such claim shall be registered in the name of such applicant; but if before noon on such day any other certificated miner shall apply for such claim in writing at the office of the Inspector or Overseer, then public notice shall be given of the day and

hour at which such claim will be sold by public auction at the Digging, and the proceeds No. 10-1874. of such sale shall be paid into the public treasury.

11. Every miner may obtain a certificate of reservation from the Inspector or Overseer on the ground of sickness, necessary absence, or other sufficient cause; and such certificate shall be covered by a stamp of one shilling for every day for which it shall have effect, exclusive of Sundays and public holidays, and during the time for which such certificate is issued, such miner's claim shall not be liable to forfeiture, but no such certificate shall be issued for more than twenty working days.

12. Every miner shall work his claim either in person or by a registered agent, being a certificated miner, who shall pay a fee of ten shillings a month for being registered as such agent, but no miner shall work more than one claim either as principal or agent.

13. Every new Digging at which there shall at any time be less than twelve registered claimholders may be closed by proclamation at the end of one month's notice to that effect, provided that when any Digging is so closed all fees paid by miners in respect of claims at such Digging for any period beyond that fixed for the closing of such Digging, shall be refunded by the Government.

14. All claims are granted subject to a servitude of not more than seven feet six inches on one side of each claim for roadway.

SECTION IV.-OF ESTABLISHED DIGGINGS.

1. After the expiration of six months from the date of the proclamation of any new Digging, such Digging shall, unless it has been declared by proclamation to be closed, be considered an established Digging.

2. At every established Digging at which there shall be no Diggers' Committee, and at which there shall be more than fifty registered claimholders, such claimholders shall, upon an application made in writing to the Government and signed by not less than twothirds of the whole number, be at liberty to elect a Diggers' Committee of not less than five or more than nine members for the making of bye-laws for such Diggings, and such bye-laws shall have effect upon their being approved of by the Governor and published in the Gazette.

3. At every established Digging where there shall be no Diggers' Committee or where the Diggers' Committee shall not have in force any approved bye-laws, the Inspector of claims for such Digging may make bye-laws for such Digging which shall have effect upon their being approved of by the Governor and published in the Government Gazette.

4. Any claim remaining unregistered for a period of ten days shall be declared abandoned, and the Inspector or Overseer shall make an entry to that effect in his register.

5. Every claim in which the Inspector or Overseer may order particular work to be done, and in which such work shall not be begun or faithfully continued for seven consecutive working days, shall be declared abandoned, and the Inspector or Overseer shall make an entry to that effect in his register.

6. The numbers of all abandoned claims shall be posted at the Digging, and in a conspicuous place at the office of the Inspector or Overseer.

7. Any certificated miner shall be at liberty to apply to the Inspector or Overseer in writing to have any abandoned claim (or claims if allowed by the bye-laws) registered in his name.

8. Whenever an application shall be made to the Inspector or Overseer for any abandoned claim or claims, he shall post a notice at the Digging and at his office, setting forth the date of the application, the name of the applicant, and the number or numbers of the claim or claims applied for, and if at the expiration of three working days from noon of the day on which such notice is posted, no other certificated miner or miners shall also have applied in writing for such claim or claims, the Inspector or Overseer shall register such claim or claims in the name of the person who has made application.

9. Whenever more than one application shall be made for any abandoned claim, the Inspector or Overseer shall offer the same for sale by public auction at the Digging on the afternoon of the first Saturday after the expiration of three working days from notice of such sale being posted at his office and at the Digging, and the proceeds of such sale shall be paid into the public treasury.

10. The Government may pay from the proceeds of the sale of any abandoned claim a sum of not more than one-half of the net amount to the person who has abandoned it, and the remainder, or the whole if no such payinent shall be made, shall be divided into two equal portions, of which one moiety shall be carried to the credit of the general fund of the Digging.

SECTION V.-OF MINES.

1. The Governor may, by Proclamation, declare any Digging to be a mine. (1). 2. (2) When any Digging shall by Proclamation have been declared to be a mine, the Governor shall appoint a Registrar and Engineer or Surveyor for such Mine, who shall receive from the public fund such salaries and allowances as may be deemed necessary, and shall, by notice in the Gazette, call upon the claimholders in such Mine to elect from out of their own number a Mining Board consisting of nine persons, who shall hold office till the 31st of December in the year in which they may be elected; and on the 31st of December in the year in which they may be elected shall vacate their seats at the said Mining Board, but shall be eligible for re-election, and, on the election of such Mining Board, the powers, duties, and functions of any Diggers' Committee theretofore existing in respect of any Digging so declared a Mine, shall cease and determine.

3. The Registrar of a Mine shall keep a register of the claims and claimholders in the Mine, in such form as the Governor shall appoint, and shall do and perform generally all

(1). See Proclamation No. 7, 1874.

(2). Section 2 amended by Government Notice No. 332 of 9th December, 1876-see Appendix.

No. 10--1874

such acts of or connected with registration as are hereinbefore provided to be done at Diggings by the Inspector of claims, and shall grant the same certificates and receive the same fees in respect thereof, and such other payments as are hereinafter provided, and shall bring to account all such moneys so received by him.

4. The Engineer or Surveyor of a Mine shall have the sole and entire control of the mining area or areas for which he may be appointed, and of the manner of working the Mine for the general safety and convenience of the miners.

5. The Engineer or Surveyor of a Mine shall have the same powers regarding the hearing and deciding of disputes beeween miners as are hereinbefore given to Inspectors or Overseers of claims, subject, however, in all cases to the review of the High Court or Circuit Court, and to the rights of appeal to the said High Court or Circuit Court.

6. The regulations in force at established Diggings regarding the abandonment, reallotment, and sale of claims shall be in force in Mines also, save and except that the Registrar shall not be at liberty to register any claim as abandoned by reason of noncompliance with any order of the Engineer or Surveyor, until the expiration of ten days from the making of such order, and until such Engineer or Surveyor shall have filed a solemn declaration of the making of such order, with a copy of such order annexed thereto, for record in the Registrar's office.

7. When the Engineer or Surveyor of a Mine shall consider it necessary that any work should be done for the general safety or convenience of the miners, and not by particular claimholders, he shall serve upon the Mining Board, at their office, a notice in writing, setting forth the nature of the work required to be done; and the Mining Board shall within seven days of such notice being served report to the said Engineer or Surveyor whether they agree to perform the work required or not.

8. When the Engineer or Surveyor shall require any work to be done which the Mining Board shall decline or be unwilling to execute, then the Engineer or Surveyor and the Mining Board shall each make out a case in writing, the one setting forth the reasons why such work is judged to be necessary, and the other the reasons why such work is deemed to be unneccessary, and shall forward such cases to the Secretary to Government, to be submitted to the Governor, who shall appoint a referee, whose decision shall be final: provided always that if such referee shall decide that the work required by the Engineer or Surveyor be unneccessary, such Engineer or Surveyor shall nevertheless have the power, at the expiration of thirty days from such decision, of again requiring the Mining Board to perform the said work if in his judgment the general safety or convenience of the miners shall then require it, and thereupon the same steps shall be taken toties quoties by the Engineer or Surveyor and the Board respectively. (1).

SECTION VI.-OF MINING BOARDS.

1. At the election of Mining Boards each registered claimholder who shall hold not less than one quarter-claim, or portions of claims amounting to one quarter-claim in the aggregate, up to one whole claim, shall have, in respect of such quarter-claim or portions of claims or whole claim, one vote; (2) each claimholder who shall hold not less than two whole claims, or portions of claims amounting in the aggregate to two whole claims, shall have two votes; (2) and each claimholder who shall hold three whole claims and upwards, or portions of claims amounting in the aggregate to three whole claims and upwards, shall have three votes (2) and no more in respect of the Mine for which such Board is to be elected.

2. The names of candidates for seats at any Mining Board must be sent in to the Resident Magistrate of the District at least one week before the time appointed for the election.

3. Each candidate for a seat in the Mining Board must be the holder of one unencumbered claim or unencumbered portions of clains, equal in the aggregate to one claim in the Mine for which such Board is to be elected; and if, at any time after his election, a member of any such Board shall cease to hold this qualification, his seat shall, ipso facto, become vacant.

4. At the time appointed for the election the Resident Magistrate shall act as Returning Officer, and shall preside at the election, which shall be held in some convenient place in the neighbourhood of the Mine.

5. The rules laid down by Proclamation 24 of 1873 for regulating voting at the election of members of the Legislative Council shall, as far as applicable thereto, be followed and observed in voting for members of Mining Boards.

6. (3) When the time for delivering votes has elapsed, the Resident Magistrate shall make up a list thereof and forward it to the Secretary to Government, who, on receiving the certificate of the Registrar of the Mine that all the persons who may have voted are registered claimholders in the Mine for which the election has been held, or that all the names of persons who may have voted without being such registered claimholders have been struck out of such list, shall, by notice in the Gazette, publish the names of the persons found to be duly elected, and thereupon such Mining Board shall be held to be duly constituted.

7. Every member of a Mining Board, before taking his seat thereat or doing any act as such member, shall take the oath of allegiance.

8. Each Mining Board shall elect its own chairman, and shall frame rules for its own guidance in its proceedings, and bye-laws for the management of the Mine for which it is elected, which bye-laws shall have legal force and effect on being promulgated in the Gazette, with the approval of the Governor and Executive Council.

9. Each Mining Board shall be empowered to fix from time to time rates, which, on being approved by the Governor and Executive Council, shall be paid yearly, quarterly, or

(1). For clause 9 see Government Notice 86 of 1877. Appendix.

(2). See Ordinance No. 14, 1874, sections 2, 3, 4, and Govt. Notice No. 332, 9th Dec., 1877. Appendix.

(3). Repugnant portions of this section repealed by Ordinance No. 14, 1874.

monthly, as such board may prescribe, by each registered claimholder, in respect of every No. 10-1874. claim or subdivision of a claim registered in his name, and such rate shall be paid by each registered claimholder in such manner as the Mining Board shall prescribe to the Registrar of the Mine, who shall account for all sums so received by him to the Treasurer of the Province, who, on presentation of proper vouchers from the Mining Engineer or Surveyor, shall honour such drafts as may come from such Mining Boards, provided there be sufficient funds arising from such rates as aforesaid; and the failure or neglect to pay such rate within thirty days of the day on which payment is due shall be held and considered to be an act of abandonment of any claim or claims in respect of which such payment shall be due, and any claim or claims in respect of which such payment shall be so overdue and unpaid shall be treated as abandoned by the Registrar and dealt with precisely as if the registration fees due in respect thereof were overdue and unpaid for a like period.

10. The moneys so raised by rates on the claims in any Mine shall be applied to the public purposes of the Mine as the Engineer or Surveyor of the Mine may require and the Mining Board may agree to, or as the Mining Board, with the approval and consent of the said Engineer or Surveyor, may direct, or in such other manner as the bye-laws of the Mine may allow; provided always that no member of any such Mining Board shall be allowed to receive any remuneration from such funds for any work or services of any kind done or performed by him.

11. The Governor may, upon petition from not less than half of the registered claimholders in any Mine, dissolve any Mining Board by Proclamation, and may by notice in the Gazette direct the election of a new Mining Board for any Mine.

12. No Resolution of any Mining Board shall have any force or effect unless a quorum of five members are present and assisting at the passing thereof.

13. If any Mining Board shall not for a period of two months have a quorum of five members for the transaction ef business, or shall not for the same period meet for the transaction of business, or shall for a like period fail, neglect, or refuse to receive and deal as hereinbefore prescribed with the requirements of the Mining Engineer or Surveyor, such Mining Board shall, ipso facto, be dissolved, and in case of such dissolution it shall be lawful for the Governor to appoint a Board of three persous, of which the Registrar and Engineer or Surveyor of the Mine shall be ex-officio members, who shall have all the power of a Mining Board, and shall do all things necessary for regulating the working of the Mine until another Mining Board shall be appointed on the petition of three-fourths of the registered claimholders.

SECTION VII.-OF LICENCES TO PROSPECT AND SEARCH FOR NEW DIG-
GINGS OR MINES OF PRECIOUS STONES AND MINERALS.

1. Every certificated miner shall be at liberty to take out at the office of any Civil Commissioner a licence to prospect or search for precious stones or minerals on Crown land or lands in which there is a reservation to the Crown of such precious stones or minerals within such division.

2. Every such licence shall be written upon or covered by a stamp of one pound for each month for a party of not more than one miner and two servants, with a further stamp of ten shillings for each month for every additional miner, and of five shillings for every additional servant.

3. Every miner taking out a prospecting licence shall enter into a bond for the sum of one hundred pounds, with two sureties, to be approved of by the Civil Commissioner, in the sum of fifty pounds each, for the due and proper repair of any surface damage done by him on any land of right occupied by any quit-rent tenant or lessee.

4. It shall be the duty of any person who shall find any diamonds, gold, or silver, while prospecting under any such licence forthwith to report the same to the Civil Commissioner of the division, and any person who shall fail to do so shall be liable, upon conviction thereof before any Magistrate, to forfeiture of his licence, and to pay a fine not exceeding twenty pounds sterling; and in default of payment may be imprisoned, with or without hard labour, for any period not exceeding three months."

5. Any holder of a prospecting licence under the provisions of this Ordinance who shall prove to the satisfaction of the Resident Magistrate of the District that he has found any diamonds, gold, or silver under such licence shall be entitled to two claims at the place where such diamonds, gold, or silver shall have been found.

6. No person shall be entitled under such prospecting licence as aforesaid to dig or search for diamonds, gold, or silver, within one hundred yards of any house or building occupied or used by the owner or occupier of the property, nor upon any land under cultivation, unless the owner or occupier shall consent thereto.

SECTION VIII-OF LICENCES TO SEARCH FOR PRECIOUS STONES AND
MINERALS IN EXCAVATED AND ABANDONED SOIL.

1. Every certificated miner shall be at liberty to take out at the office of any Civil Commissioner a licence to search for precious stones in any soil which may have been excavated and abandoned in any public digging or mine.

2. Such licences to search for precious stones or minerals shall have force and effect only regarding soil, gravel, or other mining debris which the Inspector of Claims at a Digging and the Engineer or Surveyor of a Mine shall point out as abandoned, and any person who shall be convicted of searching for precious stones under the licence in this section provided, in any soil, gravel, or mining debris other than what shall have been so pointed out as abandoned, shall incur the penalties provided by Clause 26 of Section 1.

3. Every such licence shall be personal, shall be for a period of one month, and shall be written upon or covered by a stamp of five shillings.

This Ordinance was published in the Government Gazette of the Province, on 4th June, 1874, and was confirmed by Her Majesty, see Government Notice No. 35 of 1875, but the Schedule was cancelled by Proclamation No. 8, 30-9-'80. see Appendix,

No. 11-1874.

Preamble.

Mails only to be carried under Government authority.

POST OFFICES.

No. 11, 1874 (1).-Sd. R. Southey.]

[June 17, 1874. Ordinance to regulate the Conveyance of Mails and the Establishment of Post Offices in the Province of Griqualand West, and also for other purposes.

WHEREAS it is expedient to prohibit the conveyance

of mails and the establishment or maintenance of post offices in the Province of Griqualand West, save and except under contract with the Government of the said Province, subject to all such orders, directions, and regulations, and under and subject to all such conditions, limitations, and restrictions, as the Governor of the said Province shall from time to time direct and appoint, and also to enable the Governor of the said Province to regulate the conveyance of mails to and from the said Province:

Be it enacted by the Lieutenant-Governor of the Province of Griqualand West, by and with the advice and consent of the Legislative Council thereof as follows:

1. From and after the date of the promulgation hereof, it shall be unlawful for any person to carry, convey, or transmit mails in the Province of Griqualand West save and except under contract with the Government of the said Province, subject to all such orders, directions, and regulations, and under and subject to all such conditions, limitations, and restrictions as the Governor of the said Province shall from time to time direct and appoint; and any person contravening this Section shall be liable on conviction to a penalty of not less than one hundred pounds sterling nor more than five hundred pounds sterling or in default thereof to imprisonment with or without hard labour for not less than six months, nor more than twelve months.

2. All Resident Magistrates, Additional Resident Magistrates, Assistant Resident Magistrates, and Justices of the Peace within the Province of Griqualand West, shall be, and the same are hereby empowered to issue search warrants to search any vehicles in the said Province, for the purpose of detecting any contravention of this Ordinance.

3. From and after the date of the promulgation hereof, it shall be unlawful for any person to open, establish, or maintain in the said Province any post office or any office for the receipt, transmission, or delivery, for postal purposes, of any letters, newspapers, documents, books or other articles, save and except as the Governor of the said Province may, under or by virtue of the Seventh Section of the Ordinance of the Colony of the Cape of Good Hope, No. 1 of 1846, or of any other power in that behalf in him vested, from time to

(1). In the event of the Post Office Bill, at present under consideration of the Legislature, becoming law, this Ordinance stands repealed. [Ed. G. W. S., April, 1882.]