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PART 4.-TRADING LAWS.
B.-TRADING ON MINING PREMISES
LAW No. 18, 1896.
1. No trading licence shall in future be granted or renewed for a place or premises pegged off or held under licence for mining purposes, which is closed off or fenced in.
2. No Director or Secretary of a Company, or employer of labour for a Company, and no Mine Manager shall have the right to be a shareholder in any store or business on mining premises.
They shall neither directly nor indirectly be shareholders thereof, under penalty of the amount mentioned in Art. 5.
3. The employer of labour who, on behalf of any Mining Company, and authorised by it so to do, pays out the wage of a workman or employee of any mine, or any advance on such wage, otherwise than in current coin, or who stands security for the debts of such workman or employee in any store or canteen, shall be punished for the first offence by a fine not exceeding £100, or imprisonment for a period not exceeding one month, and upon a second or further contravention, by a fine not exceeding £300, or imprisonment for a period not exceeding twelve months.
Where the employer referred to in the preceding paragraph is a Company or a Syndicate, such Company or Syndicate may be prosecuted upon contravention of the provisions contained in that paragraph.
The service of the summons against such Company or Syndicate may be effected either on the Secretary or on one of the Managers or Directors.
Upon non-payment within three days, a writ shall be issued against the goods of such Company or Syndicate without further form of process.
4. No person, who has been convicted of selling unwrought precious metals, amalgam or precious stones, or of being concerned therein, may, after such conviction, carry on business on any mining property.
5. Every contravention of the provisions of Articles 1, 2, and 4 of this Law shall be punished upon the first contravention by a fine not exceeding £100, or, in default of payment, by imprisonment, with or without hard labour, for a period not exceeding three months, and upon the second contravention by a fine not exceeding £200, or, in default of payment, by imprisonment, with or without hard labour, for a period not exceeding six months, and upon a third contravention by a fine not exceeding £300, or, in default of payment, by imprisonment, with or without hard labour, for a period not exceeding eighteen months, and cancellation of the licence issued.
6. The Landdrosts, Special Landdrosts, Assistant Landdrosts, and Resident Justices of the Peace, shall have jurisdiction in respect of all contraventions of this Law.
7. This Law shall come into operation on the 1st January, 1897.
PART 4.-TRADING LAWS.
LAW No. 1, 1893.
Regulations for Travellers, Transport Riders and Trekkers.
1. Every farm shall be subject to a servitude of one outspan.
Farms adjacent to a proclaimed transport road shall be subject to a servitude of an outspan to be beaconed off by the owner or lessee in a practicable place.
The size of an outspan shall be determined according to the size of the farm, estimated on the basis that a full farm of 3,750 morgen shall be subject to an outspan 50 morgen in extent.
2. The transport roads shall be proclaimed by the Government.
The width of a proclaimed road shall be 30 feet, with this proviso, that transport riders shall, where required and where the circumstances make it necessary, have the right to turn out of the road 30 yards to the one side or the other, at their own responsibility however, and provided that they occasion no damage to fences or other constructions or to cultivated land.
3. Each traveller and transport rider shall be obliged to keep within the 30 feet of proclaimed transport road, except in cases provided for in Art. 2, and shall at the same time be bound to keep strictly within the limits, as defined in Art. 1, of the outspans along proclaimed transport roads.
4. It shall not be lawful for transport riders to travel with or without laden wagons along roads other than those proclaimed, unless such a transport rider is obliged to leave the road in order to get to his place of abode.
5. No one shall be permitted to delay longer than 24 hours at an outspan, unless he is altogether prevented by accidents, swollen rivers, or other unforeseen circumstances, from proceeding further.
6. Every contravention of the above Articles shall be punished by a fine not exceeding £5, in addition to his liability to compensate the owner or lessee, to whom also the half of the fine levied and paid shall be awarded.
7. Every owner of ground adjoining a road (trek pad) (which is not a proclaimed transport road) shall be bound to allow an outspan for trekkers (people moving from one farm to another with their cattle or goods) on the basis of 100 morgen (that is a square whose base is about 1,000 yards) for each full farm of 3,750 morgen, to be decreased according to the size of the farm, as also facilities for the grazing or trekking of stock running loose along any such road to a distance not exceeding 300 yards per full farm of 3,750 morgen, to be reduced in proportion to the size of the farm, but in any case the width shall not be less than 150 feet on the one side or the other of the road, such side, if need be, to be pointed out by the owner (in case of dispute between the owner and trekkers, the Landdrost, Field Cornet, Assistant Field Cornet, or Resident Justice of the Peace, shall decide); and also to allow cattle to drink in any river, stream, or pool, situated in or alongside the trek path, artificial dams used for the irrigation of gardens and arable lands being excepted.
8. No live stock running loose shall be driven along the veld of any farm. It shall, however, be permissible for cattle and stock. to proceed across any farm slowly grazing, provided they keep within the limits prescribed by Art. 7, alongside some public road, which side the owner or lessee may cause to be pointed out, if he shall so choose, and provided that not longer than a day is taken to trek (proceed) a distance of two hours on foot, and provided that no damage shall be occasioned to any dam or water furrow, garden or arable lands, by any stock trekking outside the road.
9. Such stock shall not be allowed to intermingle with any stock of the owner or lessee, which may be grazing on such farm.
Trekkers or travellers shall, however, have the right to drive out of the way such of the owner's stock as may be grazing on the outspan or within the limits defined by Art. 7.
Upon contravention hereof, the owner of the stock so trekking shall be responsible for such damage as may accrue to the owner or occupier of the ground, to be assessed and awarded by the local official, and shall be liable to a fine not exceeding £7 10s. according to the nature of the case.
The half of the fine inflicted and paid shall be awarded to the owner or lessee of such farm.
10. In cases where arable lands, gardens, or orchards are or shall be laid out within the limit of 300 yards, mentioned in Art. 7, the owner, lessee or occupier of the ground shall be obliged to have the same enclosed properly, in default whereof he shall not be entitled to compensation for damage occasioned by the stock whilst proceeding and grazing as it proceeds along the trek-road.
11. The owner or lessee shall be entitled to alter the route of the public trek-road across his farm, provided that such trek-road (as diverted) does not entirely diverge from the direction it is the object of the trekkers to proceed in, and is not impracticable for the trekkers, as being across mountains or stretches of veld difficult to travel along and injurious to stock.
In the event of dispute, the Resident Magistrate of the district shall decide the same in consultation with the Field Cornet of the ward. The Magistrate shall notify such decision to the Chief of Public Works. The parties may appeal from this decision to the Government. The request for setting aside or amending such decision of the Magistrate shall set out the grounds on which it is based, and be transmitted in writing to the Chief of Public Works, who shall append his report thereon, and send it to the Government.
12. Trekkers with cattle and stock, proceeding along a proclaimed transport road, shall enjoy the same privileges as are defined in Art. 7 of this Law.
LAW No. 19, 1896.
Whereas it appears necessary to supplement Law No. 1, 1893, by certain provisions relating to transport riders who reside in foreign parts, it is hereby enacted as follows:
1. Between Articles 15 and 16 of the said Law the following new Articles shall be inserted ::