1964_MINING_ORDINANCE — Page 23

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CAP. 285]

Mining,

[1964 Ed.

Interfering with mining, prospect- ing or the

exercise of any right conferred

by this

Ordinance.

Salting.

Liability of employer for offences committed by his employees.

Forfeiture.

shall be guilty of an offence and shall be liable to a fine of one thousand dollars and to imprisonment for six months.

(Replaced, 33 of 1960, s. 22)

56. Any person who-

(a) interferes with any mining or prospecting operations

authorized by or under this Ordinance;

(b) obstructs any person in the exercise of any right conferred

by or under this Ordinance;

(c) interferes with any machinery, plant, works or property established on, in, under or over any land in exercise of a right conferred by or under this Ordinance,

shall be guilty of an offence and shall be liable to a fine of two thousand dollars and to imprisonment for twelve months.

57. Any person who places or deposits, or is an accessory to the placing or depositing of, any metal, ore or mineral in any place with intent to mislead any person as to the nature, quality or quantity of the mineral naturally occurring at such place, or who mingles or causes to be mingled with any sample of metal, mineral or ore, any valuable metal or any substance whatsoever which will increase or decrease the value or in any way change the nature of the said metal, mineral or ore, with intent to defraud any person, shall be guilty of a misdemeanour and shall be liable to a fine of ten thousand dollars and to imprisonment for five years.

58. Whenever it is proved to the satisfaction of any court having jurisdiction that an offence against this Ordinance or the regulations has been committed by any employee of the holder of

any licence or lease granted under this Ordinance, the employer shall be held to be liable for such offence and to the penalty provided therefor, unless he proves to the satisfaction of such court that the offence was committed without his knowledge or consent and that he had exercised all due diligence to prevent the commission of the offence:

Provided that nothing in this section shall be deemed to exempt the employee from the penalties provided for the offence committed by him.

59. (1) It shall be lawful for a magistrate to order to be forfeited to the Crown any minerals with respect to which any offence against section 35, 36, 38, 39 or 51 has been committed, whether any person has been convicted of such offence or not, and upon the making of such order for forfeiture the said minerals shall be deemed to be the property of the Crown free from all rights of any person. (Amended, 33 of 1960, s. 23)