« 上一頁繼續 »
(2) The inhabitants of the place shall be charged with the cost of the additional police-force, and the District Magistrate shall, subject to the orders of the Local Government, assess the proportion in which the cost shall be paid by the inhabitants according to his judgment of their respective
(3) All moneys payable under sub-section (2) shall be recoverable either under the warrant of a Magistrate by distress and sale of the moveable property of the defaulter within the local limits of his jurisdiction, or by suit in any competent Court.
(4) The Local Government may, by order in writing, define the limits of any place for the purposes of this section. 84. (1) This Act, in its application to the presidency-towns, shall be
read as if for the words District Magistrate' Application of Act to presi
in section 16, sub-section (1), and section 17, dency-towns and Rangoon.
sub-sections (2) and (3), for the words 'Magistrate of the first or second class' in section 18, sub-section (1) and for the word · Magistrate' in section 18, sub-section (2), there had been enacted the words Commissioner of Police,' and for the words • District Judge'in section 16, sub-sections (3), (4) and (5), the words “Chief Judge of the Court of Small Causes.'
(2) Section 16, in its application to the town of Rangoon, shall be read as if for the words ' District Judge,' wherever they occur in that section, there had been enacted the words ' Judge of the Court of Small Causes.'
(3) The fee in respect of an application to the Chief Judge of a Presidency Court of Small Causes under sub-section (3) of section 16 shall be the same as would be payable under the Court-fees Act, 1870, in respect of such an application to a District Judge beyond the limits of a presidency town, and fees for summonses and other processes in proceedings before the Chief Judge under sub-section (3) or sub-section (4) of that section shall be payable according to the scale set forth in the fourth schedule to the Presidency Small Cause Courts Act, 1882.
Act No. XIV. of 1885. (Burma.)
Act No. XV. of 1885.
2ND OCTOBER, 1885.
Act, 1879, WHEREAS it is expedient to amend the Local Authorities Loan Act, 1879; It is hereby enacted as follows :8. 3+ is added by Act XI. of 1888, s./.
Addition to section 8, Act XI. of 1879. be added :
1. After clause (b) of the proviso to section 8 of the said Act the following shall
"(c) to affect the power conferred on any local authority by any such enactment to charge its funds by guaranteeing the payment of interest on money to be applied to any purpose to which the funds of the local authority can legally be applied.
Act Nos. XVI. and XVII. of 1885.
Act No. XVIII. of 1885.
RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE
16TH OCTOBER, 1885. THE LAND ACQUISITION (MINES) ACT, 1885. Se 1/44
Sections. 11. Power to officer of Local Government
to enter and inspect the working of mines.
Sections. 1. Short title, commencement, and local
extent. 2. Saving for mineral rights of the Gov.
ernment. 3. Declaration that mines are not needed. 4. Notice to be given before working
mines lying under land. 6. Power to prevent or restrict working. 6. Mode of determining persons interest.
ed and amount of compensation. 7. If Local Government does not offer
to pay compensation, mines may be
worked in a proper manver. 8. Mining communications. 9. Local Government to pay compensa.
tion for injury done to mines. 10. And also for injury arising from any
airway or other work.
12. Penalty for refusal to allow inspec.
tion, 13. If mines worked contrary to provi.
sions of this Act, Local Government may require means to be adopted
for safety of land acquired. 14. Construction of Act when land ac.
quired bas been transferred to a
local authority or Company. 15. Pending cases. 16. Definition of local authority and
Company. 17. This Act to be read with Land Ac. quisitiva Act, 1870.
An Act to providle for cases in which Mines or Minerals are situate under land which it is desired to acquire under the Land Acquisition Act, 1870.
WHEREAS it is expedient to provide for cases in which mines or minerals are situate under land which it is desired to acquire under the Land Acquisition Act, 1870; It is hereby enacted as follows :Short title, commencement and
1. (1) This Act may be called the Land local extent.
Acquisition (Mines) Act, 1885; and (2) It shall come into force at once.
(3) It extends in the first instance to the territories administered by the Governor of Madras in Council and the Lieutenant-Governor of Bengal, but any other Local Government may, from time to time, by notitication in the official Gazette, extend this Act to the whole or any specified part of the territories under its administration.
2. Except as expressly provided by this Act, nothing in this Act shall Saving for mineral rights of affect the right of the Government to any the Government.
mines or minerals. 3. (1) When the Local Government makes a declaration under section
6 of the Land Acquisition Act, 1870, that land Declaration that mines are not
is needed for a public purpose or for a needed.
Company, it may, if it thinks fit, insert in the declaration a statement that the mines of coal, iron-stone, slate or other minerals lying under the land or any particular portion of the land, except only such parts of the mines or minerals as it may be necessary to dig or carry away or use in the construction of the work for the purpose of which the land is being acquired, are not needed.
(2) When a statement as aforesaid has not been inserted in the declaration made in respect of any land under section 6 of the Land Acquisition Act, 1870, and the Collector is of opinion that the provisions of this Act ought to be applied to the land, he may abstain from tendering compensation under section 11 of the said Land Acquisition Act in respect of the mines, and may
(a) when he makes an award under section 14 of that Act,
insert such a statement in his award; (b) when he makes a reference to the Court under section 15 of
that Act, insert such a statement in his reference; or
Act, publish such a statement in such manner as the
prescribe. (3) If any such statement is inserted in the declaration, award or reference, or published as aforesaid, the mines of coal, iron-stone, slate or other minerals under the laud or portion of the land specified in the state
ment, except as aforesaid, shall not vest in the Government when the land so vests under the said Act. 4. If the person for the time being immediately entitled to work or
get any mines or minerals lying under any Notice to be given before working mines lying under land.
land so acquired is desirous of working or
getting the same, he shall give the Local Government notice in writing of his intention so to do sixty days before the commencement of working. 5. (1) At any time or times after the receipt of a notice under the
last foregoing section, and whether before Power to prevent or restrict
or after the expiration of the said period of working
sixty days, the Local Government may cause the mines or minerals to be inspected by a person appointed by it for the
(2) If it appears to the Local Government that the working or getting of the mines or minerals, or any part thereof, is likely to cause damage to the surface of the land or any works thereon, the Local Government may publish, in such manner as the Governor General in Council may, from tiine to time, direct, a declaration of its willingness, either
(a) to pay compensation for the mines or minerals still unworked
or ungotten, or that part thereof, to all persons having an
interest in the same; or (b) to pay compensation to all such persons in consideration of
those mines or minerals, or that part thereof, being worked or gotten in such manner and subject to such restrictions as
the Local Government may in its declaration specify. (3) If the declaration mentioned in case (a) is made, then those mines or minerals, or that part thereof, shall not thereafter be worked or gotten by any person.
(4) If the declaration mentioned in case (b) is made, then those mines or minerals, or that part thereof, shall not thereafter be worked or gotten by any person save in the manner and subject to the restrictions specified by the Local Government.
6. When the working or getting of any mines or minerals has been
prevented or restricted under section 5, the Mode of determining persons persons interested in those mines or minerals interested and amount of compensation.
and the amounts of compensation payable to
them respectively shall, subject to all necessary modifications, be ascertained in the manner provided by the Land Acquisition Act, 1870, for ascertaining the persons interested in the land to be acquired under that Act, and the amounts of compensation payable to them, respectively.
7. (1) If before the expiration of the said sixty days the Local
Government does not publish a declaration If Local Government does not offer to pay compensation, mines as provided in section 5, the owner, lessee, may be worked in a proper man. or occupier of the mines may, unless and ner.
until such a declaration is subsequently made, work the mines or any part thereof in a manner proper and necessary for the beneficial working thereof, and according to the usual manner of working such mines in the local area where the same are situate.
(2) If any damage or obstruction is caused to the surface of the land or any works thereon by improper working of the mines, the owner, lessee or occupier of the mines shall at once, at his own expense, repair the damage or remove the obstruction, as the case may require.
(3) If the repair or removal is not at once effected, or, if the Local Government so thinks fit, without waiting for the same to be effected by the owner, lessee or occupier, the Local Government may execute the same and recover from the owner, lessee or occupier the expense occasioned thereby. 8. If the working of any mines is prevented or restricted under section
5, the respective owners, lessees and occupiers Mining communications.
of the mines, if their mines extend so as to lie on both sides of the mines the working of which is prevented or restricted may cut and make such and so many airways, headways, gateways or waterlevels through the mines, measures or strata, the working whereof is prevented or restricted, as may be requisite to enable them to ventilate, drain and work their gaid mines ; but no such airway, headway, gateway or waterlevel shall be of greater dimensions or section than may be prescribed by the Governor General in Council in this behalf, and, where no dimensions are so prescribed, not greater than eight feet wide and eight feet high, nor shall the same be cut or made upon any part of the surface or works, or so as to injure the same, or to interfere with the use thereof. 9. The Local Government shall, from time to time, pay to the owner,
lessee or occupier of any such mines extending Local Government to pay com so as to lie on both sides of the mines, the pensation for injury done to
working of which is prevented or restricted, mines.
all such additional expenses and losses as may be incurred by him by reason of the severance of the lands lying over those mines or of the continuous working of those mines being interrupted as aforesaid, or by reason of the same being worked in such manner and under such restrictions as not to prejudice or injure the surface or works, and for any minerals not acquired by the Local Government which cannot be obtained by reason of the action taken under the foregoing sections; and if any dispute or question arises between the Local Government and the owner, lessee or occupier as aforesaid, touching the amount of those losses or expenses, the same shall be settled as nearly as may be in the manner provided for the settlement of questions touching the amount of compensation payable under the Land Acquisition Act, 1870.