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(2) To prescribe and draft all forms and registers that may
*(r) To cancel the titles to all Mining Rights and Stands which
(s) To give notice on the following business day to the
(t) To give notice on the following business day to the
(u) To keep a record in his office of all deeds of transfer of
(v) And generally to exercise all such powers and discharge
5. It shall be lawful for the Governor to appoint an Acting Registrar of Mining Rights when and so often as occasion shall require in case of the absence, sickness, or disability of the Registrar of Mining Rights, and such Acting Registrar shall have power and authority to do any act or thing which may lawfully be done by the Registrar.
7. It shall be lawful for the Governor to appoint an officer to be styled the District Registrar of Mining Rights for such Mining District as may be assigned to him by notice in the Gazette, who shall represent the Registrar of Mining Rights in his District, and who shall be subject to such directions as the Registrar of Mining Rights may from time to time issue for the purpose of carrying out the provisions of this Proclamation.
Proc. No. 35 of 1902.
†6. It shall be lawful for the Governor to appoint an officer to be styled the Assistant Registrar of Mining Rights, who trar. shall, subject to such directions as the Commissioner of Mines may from time to time issue, have power and authority to do any act or thing which may lawfully be done by the Registrar.
This clause in italics was repealed by Ordinance 6 of 1902, sec. 1, sub-sec. 2 (c). † Deputy Assistant Registrars may now be appointed (see Ord. 6 of 1903, sect. 5).
8. It shall be lawful for the Governor to appoint an officer to be styled Assistant District Registrar of Mining Rights Registrar. in such Districts as shall from time to time be necessary, who shall be subject to such directions as the Registrar of Mining
Proc. No. 35 of 1902.
Duties of District egistrar.
Rights may from time to time issue for the purpose of carrying out the provisions of this Proclamation.
9. The duties of the District Registrar shall, subject to such regulations as shall from time to time be published, be as follows:
(a) To receive all applications, documents for registration, or any other matters of any other nature whatsoever relating to or affecting the title to any Mining Right, or any lease thereof, situated in his mining district, and to examine and check the same with reference to the compliance with all prescribed forms and regulations, and with reference to the due and proper payment of all transfer duty stamps, licences, taxes, or other charges of any nature whatsoever, as shall be required to be paid under any law, custom or regulation of this Colony, and to forward the same to the Registrar of Mining Rights, with his report.
(b) To keep a record of all documents and matters passing through his Office, and of the grant, transfer and encumbrance of all Mining Rights within his mining district.
*(c) To receive from the Registrar of Mining Rights all confirmed licences to Mining Rights in his mining district, and to issue them to the licencees on production of vouchers showing that the proper dues on such licences have been paid.
(d) To report to the Registrar on all matters affecting Mining Rights within his mining district.
(e) To give information to the Public in connection with titles to Mining Rights situated within his mining district, against payment of such fees, if any, as shall from time to time be prescribed by regulation.
(f) To control the work of all Beacon Inspectors who are responsible to him.
(g) To see that no person digs or prospects, or occupies, or takes possession of any Mining Right or other property or right within his mining district, unless such person be provided with a proper licence or authority so to do according to law, and generally to supervise and report on all matters concerning his mining district.
(1) In respect of Stands situated in his District, to perform the duties imposed, and exercise the powers conferred on the Registrar of Mining Rights, under Section four (with the exception of sub-section "q" thereof) and under Section sixteen of this Proclamation.
This sub-section shall not apply to the Mining District of
This clause in italics was repealed by Ordinance 6 of 1902, sec. 1, sub-sec. 4.
Notice to District
10. It shall be the duty of the Registrar of Mining Rights to give immediate notice to the District Registrar of Mining Registrar of grants, Rights of all grants and transfers of title to Mining Rights transfer and encumsituated within his mining district, and of all mortgage bonds, brance of title. leases and other deeds affecting such titles, and registered by him for the purpose of enabling such District Registrar to carry out his duties defined by the last preceding section, and more especially by sub-section (e) thereof.
(a) The fees, if any, to be taken in respect of any act,
* 11. It shall be lawful for the Governor from time to time tions. to frame rules and regulations for the good order and management of the Registration of Mining Rights Office, and for better carrying into effect the objects for which that office is established, and generally for the working of the said office, and preservation of the records therein, and more especially to prescribe :
(d) The manner and form in which licences to Mining
(e) The manner and form in which information required
(f) The conditions under which copies of lost deeds or
(g) The manner and form in which consent to the
(The place, manner and form at and in which application
Proc. No. 35 of 1902.
But no rules or regulations framed under this section. shall be of any force or effect, unless and until published in the Gazette.
* Such regulations were framed and published under Government Notice 228 of 1902 (Gazette, 6th June, 1902, p. 812), but withdrawn and new regulations made under Government Notice 55 of 1903 (Gazette, 6th February, 1903, p. 313). + This clause in italics was repealed by Ordinance 6 of 1902, sec. 1, sub-sec. 4.
Rules and Regula
Proc. No. 35
and transfer duty to be paid before Regis
tration of Deed.
to be performed in the Registration of Mining Rights Office.
Sworn proof of acts 12. The Registrar, or District Registrar, may require (and any person may tender) proof under oath of any fact which he may consider necessary to be established in connection with any matter or thing sought to be done in the Registration of Mining Rights Office.
Cancellation Deeds of Transfer.
Two or more persons cannot hold by one transfer unless they are partners.
(a) By a receipt or certificate from some competent revenue
officer that all licence moneys and taxes due to the Government on the Mining Right or Stand, to be transferred, mortgaged or burdened have been paid. (b) In the case of Lots and Stands, in respect of which rent or licence moneys are required to be paid to some Company or person, other than the Government, by a certificate from the official or person authorised to receive such rent or licence moneys, that the same has been paid, and by a certificate from the owner or lessor of such Lots or Stands or his duly authorised agent, that there is no objection to such transfer or cession. (c) In cases in which transfer duty is payable on such transfer or cession, by a receipt for such duty signed by the officer to whom the same is required to be paid; such receipt shall contain information whereby it can be identified with the property in question.
+14. Subject to sub-section (r) of section 4 of this of Proclamation, it shall not be lawful for the Registrar to cancel any deed of transfer except upon an order of the High Court or any Judge thereof.
15. In all cases in which in consequence of an error in any Correction of errors grant, deed of transfer, mortgage bond, or any other deed, whether in the name, or names, of a person, or persons, therein mentioned, or in the description of the property thereby granted transferred, or bonded, it shall be found necessary to amend such grant, deed, or bond, it shall be lawful for the Registrar, upon consent in writing of the persons interested, to amend such error; provided that, where such error is common to two or more interdependent deeds, one deed shall not be amended without the others. Should any interested person refuse to consent to such amendment, no alteration shall be made except by order of the High Court, or any Judge thereof.
13. No deed of transfer bond, or any other document affecting the title to any Mining Right or Stand, and no cession of a lease of any Mining Right, Stand or Lot shall be registered unless the same shall be accompanied
16. It shall be the duty of the Registrar to give notice to the Registrar of Deeds of any such amendments made by him as are described in the preceding section in any deed relating to Mynpachts, Stands or Lots.
17. It shall not henceforth be lawful to transfer any Mining Right, or Stand, or any lease thereof or a lease of any
*The words "receipt or 99 were inserted by Ord. 6 of 1902, sec. 1, sub-sec. 5. See Government Notice 732 of 1903 (Gazette, 7th August, 1903, p. 492), as to Estate and Stamp Duty.
The words in italics were repealed by Ord. 6, of 1902, sec. 1, sub-sec. 6.
Lot, to two or more persons by one and the same deed of transfer, unless such persons be partners carrying on business under some particular name, firm, or style.
In all other cases, where any Mining Right, or Stand, or lease thereof, or a lease of any Lot is acquired by two or more persons in undivided shares, a separate deed of transfer shall be necessary in order to convey the share of each owner.
*18. It shall not be lawful to transfer different kinds of Mining Rights, or to transfer more than one Stand, or the lease of more than one Stand, or of more than one Lot, by one and the same deed of transfer, or to transfer Mining Rights situate on different farms, or on different portions of the same farm not owned by the same person, by one and the same deed of transfer, and it shall not be lawful to transfer more than one Mining Right, other than Claims, Bewaarplaatsen and Machine Stands by one and the same deed of transfer.
Proc. No. 35 of 1902.
19. It shall not be lawful to transfer any Mining Right or any Stand, or any lease thereof, or any lease of any Lot from for each owner. more than one registered owner, by one and the same deed of transfer, except :
(a) Where the right to be transferred is owned by two or
(b) Where the same person acquires undivided shares in
the same right.
(a) Endorse on such bond that such divided share is, in
(b) Make an entry of such substitution in the Debt
(c) Endorse on the transfer of such divided share that, in
Different kinds of
Mining Rights, &c.. cannot be transferred by one and the same deed of transfer.
If undivided share
20. If it shall happen, in any case of the partition of any Stand, or Mining Right, or of any lease thereof, or of any lease of Mining Right is of any Lot, held in undivided shares, that the total share of any fer of divided share hypothecated, transowner in such property is hypothecated under a mortgage bond, can on partition be it shall be lawful for the Registrar, upon production of such passed under certain bond, and of the consent in writing of the legal holder of such bond (which consent shall state that it is given under the provisions of this section) to allow transfer to be passed to such owner of the divided share awarded to him on partition, notwithstanding that such bond remains uncancelled. But in every such case the Registrar shall at the time of allowing such transfer to be passed :
* The words in italics in section 18 are to be omitted by virtue of Ord. 6 of 1903, sect. 1.
21. From and after the completion of the entry and When conditions endorsements aforesaid, the divided share of such property so share regarded fulfilled, divided transferred shall be deemed to be hypothecated as fully and originally hypothoeffectually as if such divided share, and not an undivided share, cated. had been originally hypothecated by such bond,