Proc. No. 34 of 1902.

Penalty for di

vulging information

ment.

prisonment with or without hard labour for a period not exceeding six months.

15. Any statement or account rendered by any company contained in state- or partnership under this Proclamation shall not be divulged by any person into whose hands it may come, except for purposes connected with the proper carrying out of the provisions of this Proclamation, and to some person duly authorised to deal with such statements and accounts. Any person wilfully contravening the provisions of this section shall be liable on conviction to a penalty not exceeding fifty pounds, or to imprisonment with or without hard labour for a period not exceeding six months.

Recovery of penalty.

Forms to be used.

Title.

16. Any penalty imposed by this Proclamation shall be recoverable by action in any competent Court.

17. For the purpose of the due carrying out of the provisions of this Proclamation, it shall be lawful for the Controller of the Treasury to use such forms, in addition to and in substitution for the forms herein prescribed as he shall think fit.

18. This Proclamation may be cited for all purposes as the "Profits Tax (Gold Mines) Proclamation 1902."

SCHEDULE.

ACCOUNT No. I.

Account of Produce Working Expenses and Profit and Loss for the year

ended.........

MINE EXPLOITATION

£ 6. d.

GOLD ACCOUNT

£ s. d.

On behalf of...

CERTIFICATE.

.(here insert the name of the company or firm, if any), I certify that the statements contained in the foregoing Accounts, No. I. and No. II, are to the best of my knowledge and belief, true and correct.

being duty at the rate of ten per centum on the amount above stated. Receipt issued No...........

Proc. No. 34 of 1902.

Proc. No. 35 of 1902.

[Amended by Ord. 6 of 1902, and by Ord. 6 of 1903.]

PROCLAMATION

By His Excellency the Administrator of the Transvaal.

(DATED 6TH JUNE, 1902.)

To regulate the Registration of Mining Rights, Stands and Leasehold Lots.

Preamble.

Terms defined.

Mining Right.

Mining District.

WHEREAS it is desirable to make provisions regulating the registration of Mining Rights and Stands in the Transvaal and such Leasehold Lots as are situated in the Mining district of Johannesburg, and to amend the existing law relating thereto.

Now therefore by virtue of the authority in me vested, I do hereby declare, proclaim, and make known as follows:

1. In this Proclamation, and in any Regulations made thereunder, the following terms in inverted commas shall have the meaning put opposite to them, that is to say

Mining Right" means and includes

(a) Any right granted to dig or prospect for precious stones, precious metals and base metals, under the provisions of Law No. 15 of 1898, No. 22 of 1898, and No. 14 of 1897, and of any other law now or hereafter in force, dealing with such digging or prospecting aforesaid, such as Claim Licences, MijnpachtBrieven, etc.; or the portion of ground assigned for such digging or prospecting..

(b) Any right granted under the aforesaid laws in connection with, and attached to the right to dig and prospect for precious stones, precious metals and base metals, and transfer of which is required by the aforesaid laws to be registered at the offices of the Mining Commissioners.

"Stand" means what is included in that term under Law No. 15 of 1898, or Law No. 22 of 1898.

"Lot" means such a sub-division of land situated within the Mining Districts of Johannesburg, defined by Government Notice No. 217 of 1902, as is referred to in sub-section (3) of section 29 of the "Transfer Duty Proclamation, 1902."

66

Mining District" means the area under the jurisdiction of a District Registrar of Mining Rights as notified in the Gazette.

"Township" means a piece of land divided into stands or lots, described and shown on one general plan or diagram. "Division" means a portion of a Mining District in charge of a Beacon Inspector with respect to beacons.

*66

Diagram means a confirmed diagram prepared by an admitted surveyor.

*"Approved Diagram means a diagram approved by the Surveyor General without further publication.

*"Confirmed Diagram" means a diagram confirmed by the Surveyor General after publication in the Gazette in terms of Law No. 15, of 1898.

2. The provisions of Laws No. 14 of 1897, No. 15 of 1898, No. 22 of 1898, and of any other law which may be repugnant to or inconsistent with the provisions of this Proclamation, shall be, and are hereby repealed.

3. There shall be, and there is hereby created and established at Johannesburg, an office to be styled the Registration of Mining Rights Office for the registration of Mining Rights Stands, Leases of Lots, and such other rights and deeds as are hereinafter mentioned.

Registrar of Min

4 It shall be lawful for the Governor to appoint an
officer to be styled the Registrar of Mining Rights who shall be ing Rights.
in charge of the said office, and whose duties shall be as
follows:-

(a) To take charge of, and preserve all records of title.
deeds and documents in the said office, or in the offices
of the late Mining Commissioners.

(b) To register titles to all Mining Rights and Stands
issued in accordance with Law.

(c) To register leases and cessions of leases of Mining
Rights and Stands required to be registered under the
provisions of the "Transfer Duty Proclamation,
1902."

(d) To register leases and cessions or leases of lots, and
for this purpose, sub-section (3) of Section twenty-nine
of the "Transfer Duty Proclamation, 1902," shall be
read and construed so as to require of the owner
or lessee of any land sub-divided into lots and
situated in the Mining District of Johannesburg to
send the general plan and other information referred
to in the said sub-section to the Registrar of Mining
Rights instead of to the Registrar of Deeds; it shall
be the duty of the Registrar of Mining Rights to
send a certified copy of such plan to the Registrar of
Deeds.

(e) To receive all applications for Mining Rights in the
manner prescribed by regulation.

66

*The definitions of "Diagram" and Approved Diagram," as also this amended definition of "Confirmed Diagram" are inserted by virtue of the amendments in Ordinance 6 of 1902, Sect. 1.

Proc. No. 35 of 1902.

*(f) To issue and renew licenses to Mining Rights and Stands, and to certify, sign, and register deeds of transfer of Mining Rights and Stands; provided that the Registrar may issue or renew provisionally any licence to a Mining Right or Stand in any case in which the title thereto is not in order.

t(g) To refuse to renew licences to claims pegged off on places whereon it is forbidden to prospect or dig, and in places which in his opinion are in the indisputable lawful possession of others.

(h) To certify, sign and register all mortgage bonds specially hypothecating any Mining Right or Stand or any lease thereof, or any lease of any Lot, and any servitude or encumbrance contained in a Deed of Transfer or constituted by notarial deed for registration or authorised by order of Court.

(i) To register cessions of registered bonds.

(4) To cancel or partially cancel any registered bond or
deed other than a deed of transfer, and to release
from the operation of any such bond the whole or any
part of the property thereby specially hypothecated.
(1) The make in the registration of any deed all such
endorsements on any registered title or other deed or
instrument filed of record in his office as may be
necessary to give effect to such registration.

(m) To keep a register of all interdicts and orders of Court
served upon him and affecting the transfer of any
title registered in his office, and of all notices relating'
to estates furnished to him by the Master of the High
Court.

(n) To keep all such debt and other registers as may be requisite for the due performance by him of any of his duties.

§(0) To cause to be prepared and kept up to date compilation plans of all Mining Rights and Stands and Lots, and to examine and certify as to the correctness of any Mining Right represented on a Mining Right Diagram in the manner more fully set forth in the Regulations to be published in terms of this Proclamation.

(p) To permit the public, upon payment of the prescribed fees, to have such inspection of the records in his office, and to obtain such information filed of record as may be usual and customary.

The proviso originally in sub-sec. (f) was repealed by Ordinance 6 of 1902, sec. 1, sub-sec. 2 (a).

The words in italics were repealed by Ordinance 6 of 1902, sec. 1,

sub-sec. 2 (b).

The words "or constituted by notarial deed" were inserted by Ordinance 6 of 1902, sec. 1, sub-sec. 3.

§ This clause in italics was repealed by Ordinance 6 of 1902, sec. 1, sub-sec. 2 (c).