John Macdonell.

The law of master and servant. Part I.--Common law. Part II.-- Statute law online

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ijuisite or ex})edient that the persons employed in such mine or class of
mines should not be paid by the weight of the mineial gotten by them,
or that the beginning of such payment l)y weight should be postponed,
such Secretary of State may, if he think fit, by order exempt such mine
nY class of mines I'rom tlie piovisicms of this section, either without
cuiidition or during tlie time and upon tlie conditions specified in the
order, or postpone in such mine or class of mines the beginning of such



COAL MINES llKOULA'nON AC'l'. 403

payment Ijy M'ei^^^lit, and may from time tu time I'cvoke or alter any
such order ((').

II" any person contravenes or fails to comjdy witli, or i)ermits any
person to contravene or fail to com])ly with, this section, he shall he
l^'uilty of an offence a>i;ainst this Act ; and in the event of any con-
travention of or non-compliance with this section hy any ])erson
whomsoever, the owner, agent, and manager shall each he guilty of
an offence against this Act, unless he prove that he had taken all
reasonable means by publishing and to the best of his power enforcing
the provisions of this section to prevent such contravention and non-
compliance.

18. The ])ersons who are employed in a mine to which this Act
api^lies, and are paid according to the weight of the mineral gcjtten by
them, may, at their own cost, station a person (in this Act referred to
as " a check weigher ") (j) at the place appointed for the weighing of
suck mineral, in order to take an account of the weight thereof on
behalf of the persons by whom he is so stationed. The check weigher
shall be one of the persons employed either in the mine at whicli he is
so stationed or in another mine belonging to the owner of that mine.
He shall have every facility afforded to him to take a correct account
of the weighing for the persons by whom he is so stationed ; and if in
any mine jjropcr facilities are not aftbrded to the check weigher as re-
(juired by this section, the owner, agent, and manager of such mine
shall each be guilty of an offence against this Act, iinless he prove
that he had taken all reasonable means by enforcing to the best of his
power the provisions of this section to prevent such contravention or
non-compliance.

The check weigher shall not be authorised in any way to impede or
interrupt the working of the mine, or to interfere with the weighing,
but shall be authorised only to take such account as aforesaid, and the
absence of the check weigher shall not be a reason for interrupting or
delaying such weighing.

If the owner, agent, or manager of the mine desires the removal of a

(i) See Home Secretary's Circular, tion of the working of the mine.)

Nov. 28, 1872. WhitehcAul v. Holdsicorth (1878), 4

(;■) Prentice v. Hall (1877), 37 L. Ex. D. 13 ; 48 L. J. Ex. 254 ; 39 L.

T. 605 ; 26 W. R. 237. (Check T. 638 ; 27 W. E. 94. (Appellant,

weigher appointed by the other appointed by the miners check

miners, nuder s. 18, had been con- weigher. Subsequently, the respon-

yicted and imprisoned for intimidat- dents dismissed all the miners, and

ing one of the workmen, to ]irevent closed the mine. No notice was given

him working for Hall. Hall applied to the appellant hy or on behalf

to justices for smnmary order for of the rc.si)ondent or of the miners :

check weigher's removal': lield that held that the api)ellant had, on the

the check weigher had misconducted dismissal of the miners, ceased to be

himself within the section, though it checkweigher, and that an action for

did not appear that the intimidation damages could not be maintained.)
caused any impediment or interrup-



404 THE LAW OF I\IASTER AND SERVANT.

check weiiilier on tlie giduiul tliat such chock Avei^'her has impeflecl or
inteiTUjDted the working of the mine, or interlerod with the weighing, or
has otherwise misconducted himself, he }nay comphiin to any court of
summary jurisdiction, -wlio, if of opinion that the owner, agent, or
manager shows sufiicient i^riina fade ground for the I'emoval of such
check weiglier, sliall call upon the check weigher to show cause against
his reniDval. On the hearing of tlie case the court shall hear the parties,
and if they think that at the hearing sutticient ground is shown hy the
owner, agent, or manager to justhy the removal of the check weigher,
shall make a summary order for his removal, and the check weigher
shall thereupon be removed, hut without pn-judice to the stationing of
another check weigher in his place.

The Court may in every case make such order as to the costs of the
proceedings as they think just.

If ill pursuance of any order of exemi^tion made by a Secretary of
State, the persons employed in a mine to which this Act applies are jiaid
by the measure or gauge of the material gotten by them, the provisions
of this section shall apply in like manner as if the term "weighing"
included measuring and gauging, and the terms relating to weighing
shall be construed accordingly.

19. The Weights and Measures Act, or any Act for the time being in
force relating to weights and measures (k), shall apply to the weights
used in any mine to Avhich this Act applies for determining the wages
payable to any jjerson employed in such mine according to the weight
<jf the mineral gotten 1)V such person, in like manner as it applies to
Aveights used f(j]' the sale of any article, and the inspector of weights and
measures for the district appointed under the said Act shall accordingly
from time to time, but without unnecessarily impeding or interrupting
the working of the mine, inspect and examine, in manner directed by
the said Act, the weighing machines and weights used for mines to which
this Act applies, or the measui'es or gauges used for such mines : Pro-
vided that nothing in this section shall i)ri-vent the use of the measures
and gauges ordinarily used in such nune.

The term " Weiglits and Measures Act " in tliis section means—
(a.) As to Great Britain the Act of the session of the fifth and sixth
years of the reign of King William the Fourth, chapter sixty-
three, " to repeal an Act of the fourth and tifth year of His
present Majesty relating to weights and measures, and to
make other provisions instead thereof ; " and,
(b.) As to Ireland, the Weiglits and Measures (Ireland) Amendment
Act, 1862, as amended by the Act of the session of the
thirtieth and thirty-first years of the reign of Her present
Majesty, cliajiter ninety-four, " to provide for the inspection
of Weiglits and measures, and to i-egulate the law relating

{k) Weights and Measures Act., 41 & 42 Vict. c. 49.



COAL MINES REGULATION ACT. 40/)

thereto, in certain parts ol' tlie jidIIic disfrirt <d' Duhliii
Metropolis."

Single Shafts.

20. After the comineuceinent of this Act the owner, agent, or manager
of a mine to wliich this Act applies shall not employ any person in such
mine, or permit any jjcrson to be in such mine for the purpose of em-
ployment therein, unless there are in communication with every seam
of such mine fur the time being at woik at least two shafts (/) or out-
lets, separated by natural strata of not less than ten feet in breadth, by
which shafts or outlets distinct means of ingress and egress are avail-
able to the persons employed in such .seam, whether such two shafts or
outlets Ijelong to the same mine, or one or more of them belong to
another mine, and unless there is a communication of not less than four
feet wide and three feet high between such two shafts or outlets, and
unless there is at each of such two shafts or outlets or upon the works
belonging to the mine and either in actual u.se or available for use
within a reasonable time proper apparatus for raising and lowering
persons at each such shaft or outlet.

Provided that such separation shall not be deemed incomplete by
reason only that <»penings through the strata between the two shafts or
outlets have been made for temporary purposes of ventilation, drainage,
or otherwise ; or in the case of mines where inflammable gas has not
been found within the preceding twelve months for the same purposes
although not temporary.

Every owner, agent, and manager of a mine who acts in contravention
of or fails to cnmply with this section shall be guilty of an olfence against
this Art.

Any of Her ^lajesty's superior Courts of law or equity, whether any
other proceedings have or have not been taken, may, upon the applica-
tion of the Attorney-General, prohibit by injunction the working of any
mine in which any person is employed, or is permitted to be for the
purpose of employment, in contravention of this section, and may award
such costs in the matter of the injunction as the Court thinks just; but
this ])rovision shall be without prejudice to any other remedy permitted
by law for enforcing the provisions of this Act.

Written notice of the intention to fipply for such injunction in respect
of any mine shall he given to the owner, agent, or manager of such mine
not less than ten days before the application is made.

21. No person shall be precluded by any agreement from doing such
acts as may be necessary for providing a second shaft or outlet to a mine,
where the same is required by this Act, or be liable under any contract
to any penalty or forfeiture for doing such acts as may be necessarv

{/) See ss. 22 .t 23.



406 THE LAW OF .AIASTKK AND SEKVAXT.

in order to comply with the provisions of this Act with respect to shiift
or outlets.

22. The provisions of this Act with respect to shafts or outlets shall
not apply in the following case.s ; that is to .say,

(1.) In the case either of opening a new mine for the pui-jiose of
searching for or })ro\ing minerals, or of any working for the
piirpose of making a communication hetween two or moie
shafts, so long a.s not more than twenty persons are employed
below ground at any one time in the Avhole of the ditl'ereiit
seams iu connexion with each shaft or- outlet in such new
mine or such working :
(2.) In the case of any proved mine so long as it i.s exempted in
writing by a Secretary of State on the ground either —
(a.) that the c^uantity of mineral proved is not sufficient
to re^jay the outlay which would be occasioned by
the sinking or making of a second shaft or outlet,
or
(li.) if tile mine is not a coal mine, or mine with intlam-
mable gas, that sufficient provision has been made
agamst danger from other causes than explosions of
gas by using stone, brick, or iron in the place of
wood for the lining of the shaft and the construction
of the mid wall ; or
(c.) that the Avorkings in any seam of a mine have reached
the boundary of the pro})erty or other extremity
of the mineral field of which such seam is a part,
and that it is expedient to work away the pillars
already formed in course of the ordinary working,
notwithstanding that one of the shafts or outlets
nuiy be cut off by so working away the pillars of
such seam ;
and so long as there are'not emi)loyed below ground at any
one time in the whole of the different seams in connexion
with the shaft or outlet in any such mine, more than twenty
persons, or (if the mine is not a coal mine, or mine with in-
liammable gas) than .such larger uundier of persons as may
for the time being be allowed by a Secretary of State :
(3.) In the case of any mine one of the shafts or outlets of which
has become, by reason of some accident, iuiavailal)le for the
use of the persons eniidoyed in tlic mine, so long as such
mine is exemjjted in writing ly a Secretaiy of State, and
as the conditions oji which such exemption is granted are
duly observed.

23. The provisions of this Act with respect to shafts or outlets shall
not, until the first day of January one thousand eight hundred and



COAL MINES REGULATION ACT. 407

seventy-five, apply to any mine which is not at tin; jia.ssiiif,' of tliis A(l
required to liave two sliafts or outh't>.

24. It" a written representation is made to a Secretary of State liy tlie
owner or ajj;ent of a mine not requireil at the passin;; of this Act to liave
two sliafts or outlets, either —

(1.) Witliin six months after the commencement of thi.'j Act, allej^in^'
that by reason of the mine heinj^ nearly exhausted he ouj^lit
to be exem])ted from the obligation of jn'oviding an additional
shaft or outlet in ]iursuance of this Act ; or,

(2.) Within six months immediately preceding the hrst day of
January one thousand eight hundred and seveiity-hve, alleg-
ing that an extension of time for providing an additional
shaft or outlet ought to be granted to him :

the (juestion as to whether such exemption or extension of time ought
to be granted shall be referred t<j arbitration, and the date of the receii)t
of such representation by a Secretary of State shall be deemed to be the
date (jf the reference, and the award made upon such arbitration may
exempt the owner of such mine from the obligation of providing an
additional shaft t)r outlet, and may grant to the owner of such other
juine as aforesaid such extension of time as may be sjiecitied by the
award, but if the result of the arbitration is against the owner or agent,
or if no award is made by reason of any default or neglect on the part of
the owner or agent, the owner or agent shall be bound by the provisions
of this Act as if this section had not been enacted.



I)h-i/<ioii of Mine into Parts.

2;'). Where two or more jiarts of a mine are worked separately tlu-
(jwner or agent of such mine may give notice in writing to that effect to
the in.spector of the district, and thereupon each such part shall, for all
the purposes of this Act, be deemed to be a separate mine.

If a Secretary of State is of opinion that the division of a mine in pm -
suance of this section tends to lead to the evasion of the provisions of
this Act, or otherwise to prevent the carrying of this Act into effect, he
may object to such division by notice served on the o^\Tier or agent of
the mine ; and such owner or agent, if he decline to acquiesce in such
objecticm, may, within twenty days after the receipt of such notice, send a
notice to the inspector of the district stating that he declines .so to
acquiesce, and thereupon the matter shall be determined by arbitration
in manner provided by this Act ; and the date of the receipt of the last-
mentioned notice shall be deemed to be the date of the reference.

Certificated Managers.
26. Every mine to which this Act applies shall be under the control



4 OH THE T,AW OF MAS'I'EK AND SERVANT.

;!i!(I daily supervision of a manager (7»), ami tin- ownci' or agent of every
such mine shall nominate himself or some <ither person (not being a con-
tract oi' for getting the mineral in such mine, or a person in the eni])l()y
of such contract(u) to l)e the manager of sucli mine, and shall send
v.ritten notice to the inspector of tlie distiict of the name and address of
such manager.

A perfion shall not be (pialitied to be a niauagiM' of a mine to Avliich
this Act applies unless he is for the time being registennl as the holder
<if a certificate imder this Act.

If any mine to which this Act applies is worked for more tlian foui'teen
days without there being such a manager for that mine as is re([uired by
this section, the owner and agent of such mine shall each be liable to
a penalty not exceeding fifty pounds, and to a further penalty not
exceeding ten pounds for every day during which such mine is .so
woi'ked.

Provided that—

(a.) The owner of such mine .shall not be liable to any such penalty
if he prove that he had taken all reasonable means by the
enforcement of this section to j^revent the mine being worked
in contraventi(Ui of this section :
(h.) If for any reasonable cause there is for the tinu' being no
manager of a mine ([ualified as required l)y this section, the
owner or agent of such mine may appoint any competent
person not holding a certificate under this Act to be manager,
for a period not exceeding two months, or such longer ])eriod
as may elapse before such person has an opportunity of obtain-
ing by examination a certificate undei' this Act, and shall
send to the in.spector of the district a written notice of the
name and address of such manager, and of the reason of his
a])poiutment ; and
(c.) A mine in which less than thirty ])ersons are ordinarily
employed beh)W .i^round, or of which the average daily out-
put does not exceed twenty-five tons, shall be exemjit from
the provisions of this section, unless the inspector of the
district, by notice in writini^ served on the owner or agent of
such mine, requires the same to be under the control of a
manager.
27. For the purpose of granting in any part of the United Kingdom,
to be from time to time defined by an order in writing made by a
Secretary of State, certificates of competency to managers of mines for
the ])arpo.ses of this Act, examiners shall be a]q)ointed by a board consti-
tuted as hereinafter mentioned (h).

A Secretary of State may from lime to time ap[)oint, remove, and

{m) See Uowells v. Li<n<lor,' Sicrl \\. nzr,.
Co. (1374), li. R. 10 Q. 15. 6'2 ; 44 (//) 8cp Homo Secretary's Circular

b. .1. C^. K. 25 ; 32 L. T. 19 ; 23 W. of '28th Nov., 1872.



COAL MINES REGULATION ACT. 40!)

re-appoint lil peisoiis to form such board as follows ; naincly, tlireo ])ersoiis
being owners of mines to which this Act applies in the said ])art of tin-
United Kin;,'dom, and three pcrscms (■m])loyed in or about a mine to
which this Act apjdies in the said part of the United Kingdom, not being
owners, agents, or managers of a mine, ami three persons practising as
mining engineers, agents, or managers of mines, or coal viewers in the
said part of the United Kingdom, and oneinspectoi'undfi' this Act ; the
persons so appointed shall during the jjleasnre of the Secretary of State
form the board for the pur])0ses of the said examination in the said part
of the United Kingdom.

28. The proceedings of iIr- Ijoard shall be in accordance with the rules
contained in schedule two to this Act ; the board shall from time to time
ajjpoint exanujiers, not being members of the board, except with the con-
sent of the Secretary of State, to c<mductthe examinations in the part of
the United Kingdom for -which such board acts, of applicants for certifi-
cates of competency under this Act, and may from time to time make>
alter, and revoke rules as to the conduct of such examinations and the
qualifications of the applicants, so, however, that in every such examina-
tion regard shall be had to such knowledge as is necessary for the
practical working of mines in the said part of the United Kingdf)m ;
every such board shall make from time to time to a Secretary of State
a report and return of their proceeding, and of such other matters as a
Secretary of State may from time to time require.

29. A Secretary of State may from time to time make, alter, and
i-evoke rules as to the places and times of examinations of applicants for
certificates of competency under this Act, the number and remuneration
of the examiners, and the fees to be paid by the applicants, so that the
fees do not exceeil those S])ecified in schedule one to this Act. Every
such rule shall be duly observed by every board appointed under this
Act to whom it applies.

30. A Secretary of State shall deliver to e\ery applicant who is didy
reported by the examiners to have passed the examination satisfactorily,
and to have given satisfactory evidence of his sobriety, experience, ability,
and general good conduct, such a certificate of competency as the case
requires. The certificate shall be in such form as a Secretary of State
from time to time directs, and a register of the holders of such certificates
shall be kept by such person and in such manner as a Secretary of State
from time to time directs.

31. Certificates of service for the purposes of this Act shall be granted
by a Secretary of State to every person who satisfies him either that
before the passing of this Act he was acting, and has since that day
acted, or that he has at any time within five year.s before the passing of
this Act for a period of not less than twelve months acted, in the capa-
city of a manager of a mine or such part of a mine as can under this Act
be made a separate mine for the purposes of this Act.

Every such certificate of service shall contain i)articulars of the name



410 THE LAW OF MASTER AND SERVANT.

place, and time of liirtli. and the length and nature of the previous ser-
vice of the pei'scjn t(i whom the same is delivered, and a certificate of
service may be refused to any person who fails to give a full and satis-
factory account of the particulars aforesaid, or to pay such registration
fee as the Secretary of State may direct, not exceeding that mentioned
in schedule one to this Act.

A certificate of service shall have the same effect for the pur|)t).ses of
this Act as a certificate of competency granted under this Act.

32. If at any time representation is made to a Secretary of State by
an inspector or otherwise, that any manager holding a certificate under
this Act is by reason of incompetency or gross negligence unfit to dis-
charge his duties, or has been convicted of an offence against this Act,
the Secretary of State may, if he think fit, cause inepiiry to be made into
the conduct of such manager, and with respect to siu'h incjuiry the
following provisions shall have effect :

(1.) The inquiry shall be public, and shall be held at such ]ilace as
the Secretary of State may appoint by such county court
judge, metropolitan police magistrate, stipendiary magistrate,
or other person or persons, as may be directed by the
Secretary of State, and either alone or with the assistance of
any assessor or assessors named by the Secretary of State :
(2.) The Secretary of State shall, before the commencement of the
iiupiiry, furnish t(i the manager a statement of the case upon
which the inquiry is instituted :
(3.) Some person appointed by the Secretary (jf State shall under-
take the management of the case :
(4.) The manager may attend the incpiiry by himself, his counsel,
attorney, or agent, and may, if he think tit, In' sworn and
examined as an ordinary witness in the case :
(5.) The persons appointed to hold the iuipiiry, in this Act referred
to as the Court, shall, upon the conclusion of the inquiry,
send to the Secretary of State a report containing a full
statement of the case, and their opinion thereon, and such
report of, or extracts from the e\idence, as the Court
think fit :
(6.) The Coiu't shall liave power to cancel oi' susjiend the eertificate
of tlie manager, if they iind that hi' is by reason of incom-
petency or gross negligence, or of his liaviug been con-
victed of an offence against this Act, unfit to discharge his
duty :
(7.) The (Jourt may, if they think lit, reiiuire a manager to deliver
u]) his certificate, and if any manager fail, without suflicient
cause to the satisfacti(jn of the Court, to comply with such
re(iuisition, he shall be liable to a penalty not exceeding one
hundred pounds. The Court shall hold a certificate so de-
livered until the conclusion of the investigation, and shall



COAL MINES REGULATION ACT. 411

then either I'estore, cancel, oi' suspend the same, accf>rJin^' to
their judgment on the case :

(8.) The Court shall have i'or the ])urpose of the inquiry, all the
powers of a court of suniniary jurisdiction, and all the powers
of an inspector under this Act :

(9.) The Court may also, by summons under their hands, require
the attendance of all such persons as they think tit to call
before them and examine for the purpose of the inquiiy, and
every person so summoned shall be allowed such expenses as
wi luld be allowed t(j a witness attending on subpoena befoi'e a
court of record ; and in case of disjjute as to the amount to
be allowed, the same shall be referred by the Court to a
master of one of the superior courts, who, on request under
the hands of the members of the Court, shall ascertain and
certify the proper amount of such expenses.

33. The Court may make such order as tliey think fit respecting
the costs and expenses of the inquiry, and such order shall, on the appli-
cation of any party entitled to the benefit of the Siime, be enforced by
any court of summary jurisdiction as if such costs and expenses were a
])enalty imposed by such Court.

The Secretary of State may, if he think fit, pay to the members of the
Court of iucpiiry, including any assessors, such remimeration as he may
Avith the consent of the Treasury app<)int.



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 43 of 77)