Surinaamsche Almanak voor het Jaar 1898
(1897)– [tijdschrift] Surinaamsche Almanak– Gedeeltelijk auteursrechtelijk beschermdOrdinance of 7 September 1882 (G.B. No. 19) containing provisions relative to the exploration for- and the exploitation of minerals on the ground of Surinam,with the alterations and additions made by the Ordinances of 18 September 1884 G.B. No. 16, 11 Maart 1889 G.B. No. 8, 1 December 1894 G.B. 1895 No. 17, 17 November 1894 G.B. 1895 No. 12A, 3 November 1896 G.B. No. 44 and 29 April 1897 G.B. No. 12. | |||||||||||||||||||||||||||
Section I. Of the exploration for minerals.Art. 1. All persons are prohibited to explore for minerals in or upon lands not belonging to them, without having obtained a written authority from the owner. Whenever the exploration is to be conducted on the Crown-Domain, the written authority of the Governor is required.
Beds and banks of creeks of streams, which serve as means of general conveyance, or, owning to their situation, are destined to serve for such purposes, are in this ordinance not included in the word ‘Crown-Domain’. Art. 2. The owner of the land is entitled to undertake such exploration, after having given notice in writing thereof to the Superintendent of the Crown-Domain. A similar written notice must be given by such owner before commencing exploitation. | |||||||||||||||||||||||||||
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Art. 3. In order to obtain an authority for the exploration of minerals in or upon the Crown-Domain, the party interested, or his attorney appointed thereto in writing, shall address to the Governor a stamped petition containing:
In case the application is made by or in the name of more than one person, the petition shall be signed by all the applicants or their attornies appointed thereto in writing; and, if made by associatons or companies, by them or him, who, according to its statutes, shall represent the association or company or by their attornies appointed thereto in writing. All the applicants are individually responsable in full for the fulfillment of the stipulations that are now in force, or may hereafter come in force. Art. 4. The Governor, after having heard the Privy Council, may, by Government Resolution, assigning therein his reasons thereto, reject any applications for an authority to explore for minerals in or upon the Crown-Domain. Authority for such exploration shall only be granted, if the application refers to a section of the country where no lands have been granted in concession for exploitation. This authority is granted gratuitously, but in no instance for a longer period than one year, nor for a larger extent than twenty thousand hectares.Ga naar voetnoot(1) The grantee thereof has however the right of preemption as to the exploitation of a part or of the whole area for which authority to explore was granted to him, provided that, prior to the expiration of the period, for which the authority to explore was granted, he shall make application to the Governor for such exploitation in the manner, indicated in art. 11 in conjunction with art. 3. Art. 5. Before any one proceeds to the land, for which authority to explore has been granted, that authority shall be exhibited to the Commissary of the district, wherein the land is situated, or other official, who is appointed thereto, who shall visé the same.
Every such official shall keep a register, wherein the authorities shall be entered consecutively, with the name, Christian names, profession, residence and nationality of the grantee of the authority or of him or them, who are sent out by him, and also of all the other persons, forming part of or accompanying the expedition. | |||||||||||||||||||||||||||
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Art. 6. The engagement of laborers, whether for exploration for - or for exploitation of minerals shall be executed in the presence of the Commissary of Police, or of an official designated by him. Regarding these engagements evidence is obtainable out of a register, kept at the Bureau of Police, in which register are mentioned: names, Christian names, profession, nationality, residence of the employers and employed, the amount of the wages, the period of the engagement, the place where the laborers shall be employed and the amount paid on engagement. An official shall be designated by the Governor for the above purposes in the rural districts. Extracts from this register shall be furnished gratuitously at the request of the parties interested. Art. 7. The District Commissary or other official thereto appointed, shall not allow an expedition to proceed without having previously satisfied himself that no laborers, who are contracted elsewhere, and no British Indian immigrants or other British-Indian laborers, introduced in Surinam by the Colonial Government, are among the laborers. | |||||||||||||||||||||||||||
Section II. Of the concessions for exploitation of minerals.Art. 8. No concession of Crown-Domain for exploitation of minerals shall be granted for less than one year or for longer than forty years, or for an area less than 200 hectares. Art. 9. To the Colonial Treasury shall be paid in advance: for the first and the second year, respectively, 10 centsGa naar voetnoot(2) per hectare; for the third and the fourth year, respectively, 25 cents per hectare; for each following year 50 cents per hectare. When a concession shall be granted for a period excess of one year, the dues shall be paid every year at least thirty days previously to the annual date of the commencement of the concession. In default of this payment, the concession shall lapse on such annual date. To the concessionnaire, who desire to reduce the extent of the area, for which he has a concession, a proportional reduction of the dues shall be granted, provided that, at least forty days previous to the annual date of the concession, he shall submit a stamped declaration to the Governor, containing the indication of the situation and the extent of the land, he desires to retain, to which declaration shall be added a figurative chart in duplicate as mentioned in para 3 of art. 11, of which a certified copy shall be returned to the concessionaire. | |||||||||||||||||||||||||||
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Such declaration shall be nul and void, if in consequence of it, according to the annexed chart, one or more areas of less than 200 hectares would remain unappropriated or would remain to the concessionnaire. Excepting each cases the declaration has the result, that for the future the concession is reduced to the area indicated in the declaration. A first reduction shall not exclude the right to obtain further reductions. An area, formerly granted as a concession, shall, with respect to the does leviable thereon, be considered to revert to the 10-cents-per-hectare-category, provided that during at least three months after the expiration of a first or later concession, the same loud shall not have been granted again in concession. In regard to concessions, granted for one year, should the due for that one year amount to fl. 12000Ga naar voetnoot(3) or more, the concessionnaire may pay his dues in quarterly instalments in advence. The concession shall lapse on the last day of the month, in which the payment for the following three months become due, in default of such payment. Nevertheless the dues shall still be leviable on the outstanding amounts for the whole year and are claimable in one lump sum immediately. The stipulation of the Royal Decree of the 3d April 1869 No. 23 (G.B. No. 24) are applicable to these lastmentioned dues, in such a manner, that the right of preference shall be in force two years after the date on which the concession shall have lapsed. | |||||||||||||||||||||||||||
Section III. Of the obtaining of concessions for exploitation of minerals.Art. 10. He, who desires to apply for a concession of the Crown-Domain for the exploitation of minerals, shall give, personally or by an attorney, appointed thereto in writing, provisional notice thereof at the office of the Superintendent of the Crown-Domain, and describe there the required land in a register, kept for that purpose, the model of which shall be determined by the abovenamed official, in which shall be noted the exact date and moment of such provisional notice, all of which shall be signed by him or his attorney and by the official designated thereto. In case there are more than one application for the same land, he, who first made entry in the register, shall have the precedence to obtain the concession of that land, provided that the petition, mentioned to art. 11, shall, with the required annexes be submitted to the Governor within the period determined in the following article. | |||||||||||||||||||||||||||
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No entries in the Register for lands as mentioned in the lastGa naar voetnoot(4) para of art. 9 shall be available to revert to the 10-cents per-hectare category, but from and after the date of the expiration of the period of three months mentioned in the said para. Art. 11. The applicant, mentioned in the preceding article, shall make application to the Governor in the manner prescribed in art. 3, within twice twenty-four hours after the moment the entry is made (Sundays and holidays excepted).
The application shall contain a choice of domicile at Paramaribo for all consequences of the application, which choice shall also be valid for the heirs or successors of the applicant.
As annexes to his petition, mentioned in that article, he shall submit a figurative chart in duplicate, drawn up by a sworn surveyor and verified by the Crown-Surveyor with the general chart, on which the land shall be indicated as accurately as possible; and also a receipt showing that the amount due, as mentioned in art. 9, has been paid into the hands of the Colonial Receiver & Paymaster or other official designated thereto. Art. 12. The aforementioned figurative chart shall be drawn up in accordance with the ‘man of Surinam, from the surveys made in the years 1860-1879 by J.F.A. Cateau van Rosevelt and J.F.A.E. van Lansberge’.
All lands given in grants shall be marked thereon by the Department of the Crown-Domain. This map shall, during office-hours, at the office of the Superintendent of the Crown-Domain, be open for public inspection.
The supplementing of the above mentioned map shall be enacted by Colonial Ordinance. Art. 13. In case the application is made by or in the name of more than one person or by associations or companies, the stipulations mentioned in the last two paras of art. 3 are applicable Art. 14. If the application is admitted, the Governor shall grant to the applicant a concession for exploitation.
The period, for which the concession for exploitation is granted, shall be considered to commence on the first day of the month, succeeding that in which the concession is granted. The concession together with one copy of the figurative chart shall be issued to the concessionnaire. The duplicate of the figurative chart shall remain on file at the Department of the Crown-Domain. | |||||||||||||||||||||||||||
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In case of rejection of the application in whole or in part, the money deposited shall be returned to the applicant in full or for the part for which the application is not admitted.
In case the application is partially rejected, the applicant may, within eight days, at the latest, after he has been informed of the Governor's resolution, withdraw his application entirely.
Art. 15. The Governor, after having heard the Privy Council, may, by a Government Resolution, assigning therein the reasons thereto, reject any application for a concession for exploitation of minerals. Art. 16. The Government is not responsible for any difference in situation, extent, form or boundary between the lands, given in exploitation, and the description thereof on the map according to which the allotment was made.
Art. 17. If the concessionnaire proves to the satisfaction of the Governor, that an error was made in the allotment, the Governor shall modify the concession for exploitation and shall order the restitution of the money that was overpaid according to the scale in art. 9. Likewise the concessionnaire is bound to make immediate payment of the amount, which shall be proven to have been insufficiently paid by him. In no case however shall restitution or additional payment be made for the year or the years, proceeding that in which the error shall be discovered. | |||||||||||||||||||||||||||
Section IV. Of the rights and obligations of the concessionaire.Art. 18 He, who has obtained a concession for exploitation, has the right to take possession of the minerals found in or on his land, and freely to dispose thereof. Art. 19. The concessionnaire of Crown-Domain has during the period of his concession, the right to make and to put on the lands, allotted to him, all such works, structures and buildings, as may be necessary for his exploitation. He may freely utilize all such materials as the forest, on his land, shall yield, for the above purpose as well as for the making of implements. Art. 20. The concessionnaire of Crown-Domain is entitled to cultivate on his land fruits (trees and plants) and also vegetables for the daily maintainance of his laborers. He is prohibited, himself or by means of others, without special authority of the Governor and without observing the stipulations that are now or may hereafter come in force, from engaging in agricultural pursuits or from hewing, squaring or transporting timber, on his concession, for traffic. | |||||||||||||||||||||||||||
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Art. 21. The stipulation of art. 5 is applicable to every concessionnaire or to him, who shall represent him therein.
Each concessionnaire or his representative on the land of exploitation is also bound to submit to the Districts-Commissary concerned or other official appointed thereto within one month after the commencement of the exploitation, and furtheron at the commencement of each quarter, a statement of the names, nationality, sex and age of the laborers and other persons, who are employed in the exploitation and of the persons, who reside on his land for a period excess of one month. He is prohibited wittingly to employ British Indian Immigrants or other British Indian laborers, introduced in Surinam by the Colonial Government. Art. 22. Each concessionnaire or his representative on the land of exploitation is bound to suffer the communication between a land, given in concession to another person, and the nearest public road, or the nearest stream or creek as mentioned in art. 1, if necessary to be conducted over his land by the shortest possible road, and that which is the least inconvenient to both parties. Art. 23. The concessionnaire is allowed to make in the public road or the navigable watercourse, on or through his land, such works as he may deem necessary for his enterprise, provided that he shall respect the rights of others and shall take care that the passage be not obstructed or encumbered and that the watercourse be not impeded.
Art. 24.Ga naar voetnoot(3).
Art. 25. Each concessionnaire is bound to keep on the place of exploitation at all times and in sufficient quantity to the satisfaction of the Medical Inspector or of the official designated thereto by him, the medicines and bandages of every day use, the description and quantity of which shall be fixed by the Governor. Art. 26. The concessionnaire of Crown-Domain shall be entitled to transfer his concession for exploitation to another, provided that he has obtained the written consent thereto of the Governor, who in such case shall give to the transferee a new concession for exploitation for the remainder of the period of the concession thus transferred. If the consent to transfer is refused, this is done by a Resolution of the Governor, after having heard the Privy Council, and assigning therin his reasons thereto. The proprietor mentioned in art. 2, has only to submit to | |||||||||||||||||||||||||||
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the Governor a written notice of the names of those, who have become entitled to the exploitation. The heirs of a concessionnaire, whose concession they desire to take over, are bound within six months after his decease, to make known in writing to the Superintendent of the Crown-Domain their names, profession and residence. Should such information by or in the name of the heirs not be given prior to the expiration of the period for which concession has been granted, they shall forfeit the right conferred in the preceeding para. Art. 27. Every deed of transfer whether of the whole or of a part of the concession shall be subject to a stamp-duty of two percent of the price set forth in the deedGa naar voetnoot(6). In the absence of a deed or in case no price is set forth in the deed, the aforesaid duty shall be calculated on the value, which shall be declared by the parties concerned. In case of a difference between the parties and the Administration with regard to the price on which according to the 1st and 2nd para the stamp-duty is due, the price shall be fixed by assesment by three experts, who shall be appointed and sworn by the High Court of Justice; the costs of this assesment follow the judgement. Every untrue or insufficient declaration of the price in the deed, every untrue or insufficient declaration of the price according to the 2nd para of this article, shall be punished by a fine not exceeding twice the duty on the difference. The stamp-duty shall be paid when the new concession is taken out. Should such new concession not have been taken out on payment of the stamp-duty, within three months after the consent to transfer, or, in case of assesment by experts, within three months after such assesment, the consent shall lapse. Art. 28. The concession shall be renewed when the concessionnaire prior to the expiration of the period, for which | |||||||||||||||||||||||||||
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the concession has been granted, shall address to the Governor a stamped petition, appending thereto a receipt for payment, as mentioned in art. 9. Art. 29. On application for a prolongation the chart mentioned in art. 11 need not to be submitted, and it will be sufficient for the concessionnaire to refer to the chart originally submitted. Art. 30. The right of the concessionnaire shall lapse by expiration of the period for which the concession has been granted. The concession may be revoked by the High Court of Justice on an action to be instituted thereto by the Procurator-General:
In the cases mentioned in para a, d, f and g of this article, the judge, pronouncing the revocation of a concession may also revoke all other concessions belonging to the same concessionnaire. Art. 31. On the revocation of concessions the rights, held by the concessionnaire by virtue of his concession or concessions, shall be sold by public tender by the Super-intendent of the Crown-Domain in the name of the Colonial Government within the period, mentioned in the following article. Those rights shall be sold for each concession separateley and shall be assigned immediately by the Supperintendent of the Crown-Domain to the highest tenderer or tenderers. | |||||||||||||||||||||||||||
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This assignment shall be approved or rejected by the Governor within one month after the assignment. The Governor may, within the aforesaid period of one month, by a Resolution, after having heard the Privy Council and assigning there-in his reason thereto, reject the assignment. By this resolution then a new sale by public tender shall be ordered to take place, within one month from the date of the Resolution. The rejected tenderer is not allowed to take part in the new sale; no offer made by him or in his name shall be taken into consideration. In case the assignment is approved by the Governor or one month has elapsed after the assignment without the approval having been rejected, the purchaser shall, after having fulfilled the obligations mentioned in the following para, enter into all the rights and obligations which the previous concessionnaire had by virtue of his concession. The amount of the purchase-price shall be paid within the period fixed in the publication of the sale, to the Superintendent of the Crown-Domain, and shall be paid by him to the previous concessionnaire, after deduction of the stamp-duty due for transfer of concessions. To the concessionnaire, whose concession or concessions are revoked, no restitution is given of the money deposited or paid in advance in accordance to art. 9. Should no tenders be sent in, the period for which the concession has been granted, shall be considered to have expired. Art. 32. Of every summons for revocation of the concession a copy shall also be served on the Superintendent of the Crown-Domain. After the issuing of such summons the land or lands, granted to the concessionnaire concerned, can not be given into concession. Should the period for which the concession has been granted expire pending the action for revocation of the concession, instituted by the Procurator-General, the concession shall, in case it is not revoked, be considered to continue until one month after the pronouncement of the sentence, within which period the previous concessionnaire shall have the right to apply for the prolongation of his concession and provided that the dues mentioned in art. 9 be deposited with the Superintendent of the Crown-Domain prior to the expiration of the period for which the concession has been granted. In case the concession is revoked, the Superintendent of te Crown-Domain shall within the afore-mentioned period after the pronouncement - and in case the sentence is pronounced in default, within the afore-mentioned period after opposition shall no more be admissible - announce the public tender, mentioned in para 1 of the proceeding article. | |||||||||||||||||||||||||||
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The Clerk of the High Court of Justice shall, within 8 days after the pronouncement of the sentence, transmit an authentic copy thereof to the Superintendent of the Crown-Domain. Art. 33. On the termination of his concession the concessionnaire of Crown-Domain or his successors may remove all buildings and works created by him, without however being entitled to claim any indemnfication for such as might remain on or under the ground after the termination of his concession. | |||||||||||||||||||||||||||
Section V. General provisions.Art. 34. § 1. The Governor is empowered on the lands of the Crown-Domain, issued as concessions, to construct all such works as may be deemed necessary for the public service or general benefit, or in regard to the last mentioned, to grant authority to other thereto.
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Art. 35. By no concession and its consequences the rights of the maroons and indians in their villages, settlements and provision-grounds, which might be situated within the limits of the concessions of the Crown-Domain, shall be violated. In no case can a concessionnaire, on account thereof, claim extension of area or reduction of the concessiondue, paid by him. | |||||||||||||||||||||||||||
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Section VI. Penalties.Art. 36. He who shall wittingly make or shall cause to be made exploration for minerals in or upon a land not belonging to him, without having obtained the authority, stipulated in art. 1;
he, who shall wittingly make or cause to be made such exploration in or upon beds and banks of creeks or strooms, as mentioned in art. 1, without having obtained a concession for exploitation thereof according to the Ordinance concerning exploitation of minerals in navigable creeks or streams;
shall be punished by imprisonment, with or without hard labor, of from 8 days to 3 months, and a fine of from fl. 50- to fl. 1000.-, together or separately. The instruments and implements which have served to the committal of the offence shall be seized and confiscated.
He, who shall wittingly conduct the exploitation of minerals in or upon the Crown-Domain, without having obtained a concession thereto, or who shall continue such exploitation without having obtained a prolongation of the concession;
he, who shall wittingly conduct the above mentioned exploitation in or upon the beds and banks of creeks and streams, as mentioned in art. 1, without having obtained a concession thereto according to the Ordinance concerning exploitation of minerals in navigable creeks or streams or who shall continue such exploitation without having obtained a prolongation of the concession;
he, who shall without authority of the owner, wittingly conduct such exploitation in or upon lands, which are the property of private individuals,
shall, irrespectively of whether appropriation of minerals has taken place or not, be punished by imprisonment of from three months to five years, with or without a fine of from fl. 50.- to fl. 1000-
The instruments and implements, which have served to the committal of the offence shall be seized and confiscated.
The attempt to commit the misdemeanors mentioned in this article shall be punishable.
The High Court of Justice may in regard to the misdemeanors mentioned in this article, grant against any one suspected thereof, summons to appear in person, or order such suspected individuals to be apprehended or to be detained in custody.
Art. 36bis. He, who shall, through want of due precaution, institute an exploration for minerals upon lands other than those for whose exploration authority has been granted to | |||||||||||||||||||||||||||
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himself or to his employer, shall be punished by a fine of from fl. 25.- to fl. 300.-
The instruments and implements, which have served to the committal of the offence shall be seized and confiscated.
Art. 36ter. He, who shall, through want of due precaution, conduct exploitation of minerals on lands, other than those, for the exploitation of which authority or concession has been granted to himself or to his employer, shall, irrespectively of whether appropriation of mineral has taken place or not by that exploitation, be punished by a fine of from fl. 50- to fl 1000.-
The instruments and implements which have served to the committal of the offence shall be seized and confiscated.
Art. 37.Ga naar voetnoot(a).
Art. 38. Transgressions of the stipulations of the articles 5, 6, 20, 21, 22, 23, 25, 26 para I, 35 para I, and also the obstruction of the making of the works or of the taking into use of the land, mentioned in art. 31, are punished by a fine of from fl. 10. - to fl. 500. -
Art. 39. Exploring for minerals without giving the notification mentioned in art. 2 shall be punished by a fine of from fl. 10.- tot fl. 50-
Art 40. The tracing of the offences, mentioned in this ordinance, shall be entrusted to: the Procurator-General; the Districts-Commissaries; the designated officials, mentioned in the artt. 5, 7, 21, 24 and 25; the Commissary of Police; the members of the Police Force; the officials of the Administration of the taxes and customs; the officials designated by the Governor for the maintainance of the provisions of this ordinance.
Art. 41. The Ordinance of 23rd April 1863 (G.B. No. 10) containing the enactment and promulgation of a Regulation of the Administration of the districts in the colony of Surinam, and the Ordination of 25th November 1855 (G.B. No 15) relative to the submission of statistics and of the informations required by the Districts-Commissary, are not applicable to the provisions of this ordinance. | |||||||||||||||||||||||||||
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Transitory Provision.Art. 42. To the grants of lands of less than 200 hectares, which have, at the time, at which this Ordinance shall come in force, not yet lapsed, the termination of art. B is not applicable. This Ordinance is applicable to the contracts existing at the time it shall come in force, in this way that the first concessian-year shall be considered to commence on the expiration of the contract-year, running at the time this Ordinance shall come in force.
As regard the contracts, existing at the time this Ordinance shall come in force, in which lands of the Crown-Domain are given for more than one year for exploitation of minerals, the money, which shall be paid according to art. 9 in conjunction with the 2nd para of this article for higher dues, shall be paid every time for the period of one year and prior to the new concession-year, that shall commence, on which the higher dues are leviable.
The contracts shall be considered to be released, in case the payment has not been made prior to the commencement of the new concession year, for which it is due.
In such case the dues, paid in advance, cannot be claimed back. |
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