2U 



Appendix A. 



Custody of 

 seizures made. 



Complaint t,o 

 be preferred 

 forthwith. 



Procedure 

 thereon. 



Delivery to 

 rightful owner. 



Adjudication 

 of claim to 

 ownership in 

 case of doubt. 



stones was or Avere seized until he can l)e ])i-onght before a Magistrate 

 and dealt with acu-ording to law. (3 of 1887, s. 13.) 



54. All raw gold or precious stones seized shall as soon as possible 

 be conveyed under the care of some responsible person to the Inspector 

 or other ofHcer of Police or if there is no officer of Police in the district 

 the Magistrate of the District in which the same was seized, and the 

 Inspector or other officer of Police or the Magistrate shall make such 

 provision for the safe custody thereof as lie may deem advisable. 

 (3 of 1887, s. 14, and 15 of 1896, s. 28 (3).) 



55. — (1) As soon as possible after the seizure of any raw gold or 

 precious stones a complaint shall be preferred against the person from 

 whom tlie same was seized for the unlawful possession thereof. 



(2) Such complaint may be ])referred by the seizing Officer or by 

 any other Officer. 



(3) On the hearing of such complaint the complainant shall 

 jnove — 



{(t) The finding of the raw gold or the precious stones in the 

 possession of the person charged ; and 



(/>) Reasonable cause, at the time of seizure, or, in the case of 

 the Commissioner or Warden acting under section r)0 of 

 this Ordinance, either at the time of seizure or from 

 information subsequently obtained to suspect that such 

 possession is unlawful ; and thereupon the onus shall lie 

 upon the person charged of proving to the satisfaction 

 of the Court, that he is lawfully entitled to the possession 

 of such raw gold, or precious stones. (3 of 1887, s. 1.").) 



56. If on the trial of any person in respect of such raw gold or 

 precious stones it is jjroved to the Magistrate's satisfaction to whom 

 the gold or precious stones belongs or belong, the Magistrate may 

 make an order for the delivery thereof to the rightful owner on 

 payment of the loyalty and of such expenses as, in his opinion, have 

 been properly incurred in leeovering such gold or precious stones. 

 (3 of 1887, s. "16.) 



57. — (1) 111 the event of there being no proof or not sufficient 

 proof as to the ownership of any gold or precious stones seized, the 

 Magistrate shall advertise such seizure with particulars thereof, for 

 four successive Saturdays in the Gazette and one other newspaper circu- 

 lating in the Colony, and any person having -Any claim thereto may, 

 on or before the last Saturday on which such seizure is I'equired to be 

 advertised, give notice in wiiting thereof to the Magistrate, whereupon 

 the Magistrate shall fix a day and hour for the hearing of any claim 

 or claims so made and shall adjudicate thereon in a summary manner. 



(2) If, on such hearing the Magistrate is of opinion that the 

 claimant has estal)lished his claim, he shall order the gold or precious 

 stones to be delivei'ed up, after payment of such I'oyalty and expenses 

 as aforesaid. 



(3) If such claim is not established or no claim be made the 

 Magistrate shall thereafter transmit such gold or precious stones to 

 the Commissioner to be dealt with as the Governor may direct. (3 of 

 1887, s. 17.) 



(4) The Warden, the Comniissiouer, or any Officer of the Depart- 

 ment of Lands and Mines authorized by him in writing, shall have the 

 right to appear and be heard at any proceedings taken under Part VI. 



