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The Miner's Right, Vol. 2 of 3: A Tale of the Australian Goldfields
Excerpt from The Miner's Right, Vol. 2 of 3: A Tale of the Australian Goldfields
An appeal lay to two or more magistrates under the Goldfields Act of 30 Victoria, No. 8 (long since repealed), and was not so much an appeal upon certain clearly defined points of law as a total rehearing of the whole case at issue. Hence the defeated party, generally being shrewd enough to discover the weak point of their evidence the first trial, not un frequently took measures to strengthen that precise gabion or outwork when the appeal was heard. No doubt in some parts of the land the magistrates of the territory, not familiarly acquainted with mining law, constituted a wholly unsatisfactory tribunal before which to decide such delicate details and complicated issues. But the Justices at Yatala had been so thoroughly trained by a long series of mining cases and appeals during years past, involving vast sums and most important consequences, that the more important personages of the higher courts were hardly better up in the rule of evidence and the statutory necessities of their position.
So the whole lengthy evidence was fully and patiently heard; no detail was omitted; the irregular shape of the claim, and the number of superficial feet which it measured, must have been as well known to the habitues of the Court as a catch sum in arithmetic to the boys of a' public school at examination time.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
An appeal lay to two or more magistrates under the Goldfields Act of 30 Victoria, No. 8 (long since repealed), and was not so much an appeal upon certain clearly defined points of law as a total rehearing of the whole case at issue. Hence the defeated party, generally being shrewd enough to discover the weak point of their evidence the first trial, not un frequently took measures to strengthen that precise gabion or outwork when the appeal was heard. No doubt in some parts of the land the magistrates of the territory, not familiarly acquainted with mining law, constituted a wholly unsatisfactory tribunal before which to decide such delicate details and complicated issues. But the Justices at Yatala had been so thoroughly trained by a long series of mining cases and appeals during years past, involving vast sums and most important consequences, that the more important personages of the higher courts were hardly better up in the rule of evidence and the statutory necessities of their position.
So the whole lengthy evidence was fully and patiently heard; no detail was omitted; the irregular shape of the claim, and the number of superficial feet which it measured, must have been as well known to the habitues of the Court as a catch sum in arithmetic to the boys of a' public school at examination time.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
320 pages, Hardcover
First published September 27, 2015
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