242 



Appp.ndlx A. 



Penalty on 

 mining 

 manager, etc. 

 preventing 

 inspection of 

 claim. 



Transfer of 

 interest of 

 partner. 



Mode of binding 

 partnership. 



Dissolution of 

 partnership. 



Application of 



preceding 



sections. 



operations therein ; and for such purpose the said person or his agent 

 and expert shall have at all times free ingress, and egi-ess from the 

 claim. ' (].-) of 189fi, s. 7.) 



42. Every manager of a claim, or director or manager' of any 

 comj)aiiy as aforesaid, who prevents, o])structs, or delays, or causes 

 the prevention, obstruction, or delay of any person or expert as afore- 

 said from entering any such claim shall lie liable to a penalty not 

 exceeding one hundred dollars, and to a further penalty not exceeding 

 ten dollars for every day during vi^hich such prevention, obstruction, 

 or delay continues, (lo of 189B, s. 8.) 



43. — (1) One or more of the partners in a mining ])artnership 

 may convey or assign his interest in the claim without dissolving the 

 partnership and without the consent of other members : Provided 

 that the sale of such interest shall in the first instance be offered to 

 and refused by the other members. (15 of 1896, s. 9 d).) 



(2) The purchaser from the date of his purchase shall become a 

 member of the partnership : Provided, however, that no transfer .shall 

 be allowed or made unless the remaining partners have intimated in 

 writing to the Commissioner that the transferor has made provision 

 for the payment of his share of the debts due by the partnership, or 

 unless the transferor can otherwise satisfy the Commissioner that such 

 provision has been made. (15 of 1896, s. 9 (2).) 



44. — (1) No member of a mining partnershijJ, or any agent or 

 manager thereof, can by a contract other than a contract for the 

 employment of labourers, bind the partnership exce^jt by express 

 authority in writing derived from the members thereof. 



(2) The decision of the members owning a majority of the shares 

 or interests in a mining pai'tnership binds it in the conduct of its 

 business. (15 of 1896, s. 10.) 



45. It shall be a ground for dissolution of a mining partnership 

 if any member of a partnership refuses or neglects, within thirty days 

 after personally receiving notice in writing thereof from the other 

 partner or partners, to pay or satisfy any assessment of the partner- 

 ship liabilities or neglects, when notified in writing by the other 

 partner or partners to do so, to perform any labour or discharge any 

 liability incurred. (15 of 1896, s. 11.) 



46. — (1) Part V. of this Ordinance .shall not apply to any Com- 

 pany or Association incorporated or registered under the C!ompanies" 

 Ordinance, 1898, and the application of all or any of its sections may 

 be expressly limited or excluded by a written contract or partnership. 

 (15 of 1896,' s. 12.) 



(2) The Partner.ship Ordinance, 1900, shall not apply to any 

 question provided for in Part V. of this Ordinance where this 

 Ordinance applies to the partnership in connection with which such 

 question has arisen. (20 of 1900, s. 48 (2).) 



Part VI. — Preventiox of Theft of Gold or of Precious Stones. 



Presumption as 47, For the purposes of this Ordinance, a person shall be deemed 



to possession, ^q igg {^ possession of raw gold or of ])recious stones if it or they is or 



are at the time in his custody or power or under his control, although 



not in his actual possession. (3 of 1887, s. 7.) 



