Penalty f(ir 

 breach of 



onhniince. 



246 



Ajypendix A. 





65, Every person who is guilty of an otfence against this Ordi- 

 nance for which no penalty is otherwise expressly provided shall lie 

 liable to a penalty not exceeding five hundred dollars, and in default 

 of payment forthwith or within such time as the Court may direct, to 

 imprisonment Avith or Avithout hard labour for any term not exceeding 

 six months, and on the second or any subsequent conviction to 

 imprisonment with or without hard labour for any term not exceeding 

 six months, and in addition to a penalty not exceeding five hundred 

 dollars. (3 of 1887, s. 23.) 



Ohaiiye of 

 venue. 



Statement of 

 reasons for 

 seizure 

 receivalile in 

 evidence. 



Account of 

 wages 



receivable in 

 evidence. 



Service of 

 l)r()Cep.s in 

 |ivofeeilin<if for 

 rjcovery of 

 waces. 



I'owei-s of 

 Commis.sioncr 

 and Wariltn. 



Part VIII. — Procedure. 



66. — (1) Where an offence against this Ordinance has been 

 committed within the jurisdiction of one Magistrate, and the Com- 

 missioner certifies in M'liting that in his opinion the complaint for 

 any such offence can be more conveniently or fairly heard before 

 the Magistrate of any <ither district in the colony, it shall be lawful 

 for such other Magistrate, and he is hereby required, to hear and 

 determine such complaint as if the offence had been committed within 

 his jurisdictif)n. Provided that the venue shall not be so changed, 

 exce])t with the consent in writing of the parties or the approval in 

 writing of the Attorney-dleneial. 



(2) In the event of pi'oceedings being taken under this section- 

 befoi'e the Magistrate of a District other than that in which the 

 offence Avas committed, all gold, silver, A'aluable minei'als or precious 

 stones seized and dealt Avith under this Ordinance shall be sent on to 

 such Magisti'ate, and all further proceedings in respect thereof shall 

 be had and taken by and befoie him. (3 of 1887, s. 25.) 



67. On the trial of any pei'son in respect of the unlawful 

 possession of raAv gold or precious stones seized by an officer or of 

 any claim thereto undei- this Ordinance the production of a written 

 statement ])urporting to be signed by such officer giving his reason 

 for such seizure and the circumstances under Avhich it Avas made shall, 

 with the consent of the defendant, be primn J'ln-'ii' eA'idence of the facts 

 therein stated. (3 of 1887, s. 2(> amended ) 



68. Any Certificate of liegistration issued under the Mining 

 Regulations and any account of .salary or wages of a servant employetl 

 on a claim, certified by the holder of such claim or person in charge 

 thei'eof, shall in all courts be prima fucie evidence of all matters 

 contained or endorsed theiein or thereon respectively. (15 of 

 1896, s. 16.) 



69. In any proceeding by a servant employed on a claim foi- the 

 recovery of salary or Avages for Avoi'king thereon, delivery of any 

 process at the registered address of the person Avho AA^as the holder of 

 such claim, at the time when the proceedings were commencetl shall 

 have the same effect as personal service on everv ])erson liable for 

 payment thereof. (15 of 1896, s. 17.) 



70. The Commissioner or a Warden shall foi' the purpose of 

 determining any disputes AAdiich he is by the Mining Eegulations 

 empoAvei'ed to determine, haA^e the same powers as to summoning 

 witnesses and compelling their attendance, as to employing bailiff's, 

 police, or rural constables, as to the examination of witnesses, and as 



