The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-25

Austrolaaa AEAlrss
ACT or the LH0IsLATU11 AGAINST fux D1DB1r
TON or sAIk0RsNrHR GOLD FIELDS MANAGE
NENr BILL.
Iron the Washinrton Union April al

AUDtEoz1oA A001ros
ACT OF Tnl LsoIsLAruns AGAINST fnn D.sn'
TON or sAIk0RS-rHR GOLD FIELDS MANAGE
AENr BILL.
(From the Washington Union, April al
DEPARTMENT on STATE, I
WASHINGTON April a. 1853.
The following abstract Of the provisions 81 the Gold
Fields Regulation BILL passed BY the Legislative Council
Of New South Wales and a0 bill for preventing deser
til and other misconduct Of belonging forsigs
ships, transmitted 70 this department BY H. Williams
are published for general information
NEW SOUTH WALES.
AN ACT for more eectua preventing deseon and other
misconduct Of seamen belonging to foreign ships
Assented to 9th December, 1852
Be it enacted BY his Excsllsncy the Governor of New
South Wales with the advice and consent of the Leg
lative Council thereof, follows
any seaman belonging to any foreign ship or yes
sci shall whilst such ship shall be In any port harbor
or river Of this colony, otherwise within the
absent himself from his duty it shall be lawful for any
justice OF the peace upon the complaint oath Of the
master mate, or other person having charge of such
snip OF the fact OF such deserti0n abscOnding alb
sence from duty to issue his warrant for the apprshen
sion Of such seaman and thereupon either to deal with
such seaman hereinafter provided to place such
at the disposal of the CONSUL or other
consular officer agent OF the nation State to which
such ship shall belong or ahe request of such consul
vice consul other consular Officer agent to order
such seaman to be put forcby on board the ship to
which he may belosg
nation shall upon conviction be punished as follows
For deserton from the ship to which he belongs, pc
rod OF tweve weeks for the first offence and period of
six months for q second or subsequent deseIt ton.
For assaung any master OF other officer OF such ship,
a period of twelve weeks.
For wilu disobedence to any lawful command of such
master or other officer Of such ship, period Of four
weeks.
For continued wilful dsobedience to such lawful COM
mands, or for continued wu neglect of his duty
seaman Of such ship period OF twelve weeks.
kor combining, with any other others Of the
commands his officers or to neglect his duty as sea
man. or to impede the discharge leading departure Of
the ship or the progress OF the voyage period Of
twelve weeks provided, always, that nothing herein
contained shall take away abridge any powers which
a master Of any such ship has over his crew.
In prosecuting under this act it shall not be necessary
for the purpose OF proving the articles or
under by which any such seaman shall have engaged
TO serve on board such ship to call any subscribing
or atlesng witness thereto but such articles agree
ment may be proved there such subs riding
or atesting witness and copy OF any such articles
consul vice consul other consular officer agent Of
the nation State to which such ship shall belong to
be true copy thereof, shall be received pima ace
evidence of the existence and contents Of such articles
agreement
GOLD FIELDS MANAGEMENT ACT.
The preamble sets out that the derived from
the gold mines and fields Of the colony OF New South
Wales have been placed at the disposal Of the Governor
and Legislative Council Of the colony for the public ser
vice. and that power has been given to authorize the
Governor and Council to determine subject to her Males
tvs approval the mode of raising the said revenues;
and requisite that legislative provisions in aid Of her
Majesty prerogatye should be enacted fer the manage
ment Of the gold mines and fields for enforcing the pay
men OF fees and royalties and for the preservation Of
order.
The st clause enacts that all rules and regulations at
present in existence hereafter made by Governor
and Executive Council respecting licenses to dig for gold
claims for holding aurferous lands and all terms and
definitions apperaining thereto which may not be in
consistent with the after provisions Of the act shall
nue to have the force and effect of law provided that
all such laws and regulations be paid before the Legislative
Council within one month from the commencement of
the next ensuing session.
Clause That the government with the advice of the
Executive Council may make rules and regulations
thorzing leases licenses for mining purposes auri
ferrous lands TO British subjects only FOR terms not
ceedng Il years, applications by tender upon bid
dngs at auctions and to authorize auctions Of single IL
cense aotments not previously taken up provided that
preference shall in all cases be given to the dscoverer
Of any suriferous run or tract Of land.
Clause 3. That the Governor may 1suspend cancel
pastoral leases licenses extending gold fields and
also the lessee full compensation for loss sustained
for Improvements in the land out of the gold
Gause4 That all persons who shall mine or dig for
gold, or shall carry on any trade business calling
cupaton, except in connection with pastoral agrcu
tuIal pursuits under lawful authority who shall
side in any gold field, shall be required to take Ii
excepting always persons holding leases cond
ton of paying royalty on the gold procured the off,
GERS and servants OF such PERSONS and also excepting
women or children under fourteen years Of age who
shall not be digging or mining for gold.
Clause g. The license fee for Britsh subjects crown
lands to he sos calendar month, payable in advance
Clause g. The royalty TO be reserved from British sub
ecs mining on crown lands to be oneenth of the gross
produce Of gold
Clause l. Amount of license fee and royalty charged by
the crown on private lands to be one half Of the amount
of that public lands and license fee be demand
able from residents on private lands not directly engaged
in mining.
Clauses Foreigners to pay twice the amount Of fees
and taken from British subjects and any alien
obtaining any license otherwise than accordance with
this clause such license to be deemed bad and ved ab
itto and may be proceeded against under subsequent
provisions of the act
Clause Only half the license fee to be payable after
the 10Th day OF any month.
Clause 10. The Governor and Executive Council en-
powered to impose license of ELS persons applying
for quartz veIs and tracts Of aurerous lands and the
like lee upon the renewal OF any such application, such
fees to be both payable in advance at the time such ap
peaton is lodged to be returned if such application be
not granted.
Clause II. Commissioners may permit persons to cut
tunnels, races &c without the Of any license
fee provided they find security for the payment of the
usual sty all the gold procured in the of
such works and persons engaged in such works, and
exempted from the payment OF fees on them who shall
Gig work for gold to be subject to double
the ordinary penalties and to all the forfeiures in the
Clause T. No license lease to be granted to any per-
on who shall not satisfactorily certify to the commits
sioners that he has been duly discharged from his last
place OF service and that he Is not then under any
tinupg contract, Or hired service apprenticeship
Cause H. Commissioners to determine tbs extent and
position Of claims within their respective districts
Clause IA. Licensed holders Of claims to be deemed in
law to be the owners of them as against her Ma
esty and all gold found such claims to be deemed in
law the chattel property of the holder.
Cause 49, Holders OF tracts claims to have power to
transfer to any qualified or licensed person. such assign
mcnt transfer to be certified to the resident commits
soner and entry to be made Of the same for which
fee of ten sbillngs shall be made
Clause 16 Persons holding licenses leases who may
be convicted of felony msdemeanor. of being idle
and sodery persons or Of being rogues and vagabonds
unlawfuy selling spiruous or ermented liquors, Of
keeping gambling disorderiy houses to forfeit their
licenses; but no summary conviction for common s.
sauit to subject the party convicted the penalty and
forfeiture imposed by this enactment.
Clause IL imposes penalties follows All persons who,
after the expiration q the first days in every month
such earlier day to be named by the local commits
sioncr shall mine day for gold without being duly
thored b. lease license carry any trade,
side 10 any gold field, &c conviction before two JUS
tees shall pay for the first offence not exceeding
f5 for the second offence, not exceeding Els
less than IS and for the third and every subsequent Of
fence, a sum not excee dug $50 nor less than fl5.
Clause Is. All gold and gold ore, and all implements
and apparatus ordinarily used for the procuring of gold
found the possession Of unlicensed miners to be seized
and conviction fight Of the offender to be forfeited
and the but building his claim to be confscated
destroy cd at the discretion Of the commissioners.
Clause 10 Amoney property acquired by unlicensed
mining which fha not have passed into the hands OF
bon0 fde purchaser, to be conhscated.
Clause 20 That all persons employing or permitting
persons TO dig for gold except under the conditions 10
fore mentioned, their lands claims shall be liable
to the penalties and foreitures imposed
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