John Macdonell.

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

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Any costs and expenses ordered by the Court to be paid by a Secretarv
of State, and any remuneration paid under this section, shall be paid out
of moneys provided by Pailiament.

34. Where a certificate of a manager is cancelled or suspended in pur-
suance of this Act, a Secretary of State shall cause such cancellation or
suspension to be recorded in the register of holders of certificates.

A Secretary of State may at any time, if it is shown to him to be just
so to do, rencAV or restore, on such terms as he think fit, any certificate
which has been cancelled or suspended in pursuance of this Act.

35. Whenever any person proves to the satisfaction of a Secretary of
State that he has, without fault on his part, lost, or been deprived of any
certificate previously granted to him under this Act, such Secretary of
State shall, upon payment of such fee, if any, as he may direct, but not
exceeding the fee specified in Schedule One to this Act, cause a copy
of the certificate to which the applicant appears by the register to be
entitled, to be made out and certified by the person who keeps the register,
and delivered to the applicant, and any copy which purj)orts to be so made
and certified as aforesaid shall have all the efi'ect of the original certificate.

36. All expenses incurred by a Secretary of State with the con-
currence of the Commissioners of Her Majesty's Treasury in carrying
into effect the provisions of this Act Avith resjoect to certificates of
competency or service shall be defrayed out of moneys provided by
Parliament.



412 THE LAW OF MASTER AND SERVANT.

All fees payaMi" liy tiic ap]iliraiits for cxaiiiinatioii for or for a copy
of ii cLitificatc under tliis Art sliall l)e paid into tlie receipt of Her
-Majesty'.-* ExcluMiner in siicli manner us tlie Treasury may from time to
time direct, and be carried to the Consolidated Fund.

.37. Every person who commits any of the following nU'ences ; that is
to say,—

(1.) Forges, or counterfeits, or knowingly makes any false statenu'nt
in any certificate of competency or ser^^ce under this Act, or
any otticial copy of such certificate ; or
(2.) Knowingly \itters or uses any such certificate or coi)y which
has been forged or counterfeited (u- contains any false state-
ment ; or
(3.) For the purpose of obtaining, for himself or any other person,
employment as a certificated manager, or the grant, renewal,
or restoration of any certificate under this Act, or a copy
thereof, either

(((.) makes or gives any declaration, representation, state-
ment, or evidence which is false in any particular, or
(/).) knowingly utters, produces, or makes use of any such
declaration, representation, statement, or evidence,
or any document containing the same,
shall be guilty of a misdemeanour, and be liable on conviction to
imprisonment for a term not exceeding two years, with or without hard
labour.

Eetiir)is, Notici's, ami Ahandonnn'nf.

38. On or l)efore the first day of February in every year the ownei',
agent, or manager of every mine to which this Act apjjlies shall .send to
the inspector of the district on liehalf of a Secretary of State a correct
return, specifying, with respect to the year ending on the preceding
thirty-first day of December, the quantity of coal or other mineral
wrought in such mine, and the number of persons ordinarily employed
in or about such mine below ground and above ground, distinguishing
the persons employed below gi-ound and above ground, and the ditlerent
clas.ses and ages of the ])ersons so eniiilnyed whose hours of labour are
regulated by this Act.

The return shall be in such Ibrm as may be IVom time to time ])re-
scribed by a Secretary of State, and the insjiector of the district on
behalf of a Secretary of State shall from time tn time on apjilication
tui-nish forms for the ])uri)ose of such return.

The Secretary of State may publish the aggregate results of such re-
turns with res])ect to any ])ai-ticular county or in.s])ector's distiict,or any
large portion of a county or iiispccldi's distiict, Imt the individual letui'ii
shall not l)e ]mblished without the coiisi'ut of the person making the
same, or of the owner ol the mine to which tliey relate, and no person



COAL MINES REGULATION ACT. 4 I :i

except ivn iiisjicclor or Si'cretaiy of Slate sliall lie entitled, \villK)nt sucli
consent, to see the same.

Every owner, agent, or manager of a mine wlio fails to comply with
this section or makes any return which is to his knowledge false in any
particular shall be guilty of an offence against this Act.

39. Where in or about any mine to which this Act a])])lies, wluither
above or below ground, either

(1.) loss of life or any personal injury to any person em])loyed in or
about the mine (jccurs by reason of any ex])losi(jn of gas,
powder, or of any steam 1>oiler ; or
(2.) loss of life or any serious personal injury to any pt'rson em-
ployed in or about the mine occurs by reason nf any acciilent
whatever,
the owner, agent, or manager of the mine shall, within rweiity-fcur
hours next after the explosion or accident, send notice in writing of the
explosion or accident, and of the loss of life or personal injury (o)
occasioned thereby to the inspector of the district on behalf of a Secre-
tary of State, and shall specify in such notice the character of the
explosion or accident, and tlie number of persons killed and injured
res])ectively.

Where any personal injury, of which notice is required to be sent
under this section, results in the death of the pei'son injured, notice in
writing of the death shall be sent to the in.spector of the district on
behalf of a Secretary of State within twenty-four hours after such death
comes tn the knowledge of the owner, agent, or manager.

Every owner, agent, or manager who fails to act in compliance with
this section shall be guilty of an otl'ence against this Act.

40. In any of the following cases, luimely,

(1.) Where any working is commenced for the pur])ose of opening

a new shaft for any mine to which this Act applies ;
(2.) Where a shaft of any mine to which this Act a])plies is aban-
doned or the working thereof discontinued ;
(3.) Where the working of a shaft of any mine to which this Act
a])plies is recommenced after any abandonment or discon-
tinuance for a period exceeding two months : or
(4.) Where any change occurs in the name of, or in the name of the
owner, agent, or manager (jf, any mine to which this Act
applies, or in the ofhcers of any incorporated company which
is the owner of a mine to which this Act applies,
the owner, agent, or manager of such mine shall give notice thereof to
the inspector of the district within two months after such commence-
ment, abandonment, discontinuance, recommencement, or change, and if
such notice is not given the owner, agent, or manager sliall be guilty of
an offence against this Act.

(o) See UndcrhiU v. Loiiyrldge (1869), 29 L. J. M. C. 65.



414 'I'lIK LAW OF MASTER AND SKUYA-^T.

41. AVIk'Iv imviiiiiu' to -wliicli tliisAct ajiplicsis aliaiuloiUMl (^>), or tine
workin - theivot' discontinueil, at wliatever time sucli abauilomm-iit or dis-
contiinianci' uecurrcd, tlu' owner thereof, and every other ])erson in-
terested in tlie minerals of such mine, shall cause the top of the shaft
and any side entrance from the surface to he and to Vie kept securely
fenced for the prevention of accidents :
Provided that —

(1.) Subject to any contract to the contrary, the owner of the mine
shall, as between him and any other person interested in the
minerals of the mine, l)e liable to carry into effect this
section, and to pay any costs incurred by any other person
interested in the minerals of the mine in carrying,' this
section into effect :
(2.) Nothing in this section shall I'xemjit any jiersou from any
liability under any other Act, or otherwise.
If any person fail to act in conformity Avith this section, he shall be
guilty of an offence against this Act.

Any shaft or side entrance which is not fenced as required by this
section, and is Avithin fifty yards of any highway, road, footpath, or
place of public resort, or is in open or uninclosed land, shall be deemed
to be a nuisance within the meaning of section eight of the Nuisances
Kemoval Act for England, 1855, as amended and extended by the
Sanitary Act, 1866 {q).

42. Where any mine to which this Act ajiplies is abandoned, the
owner of such mine at the time of such abandonment shall, within
three months after such abandonment, send to a Secretary of State an
accurate plan on a scale of not less than a scale of two chains to one
inch, or on such other iscale as the plan used in the mine at the time of
such abandonment is constructed on, showing the l.)0undaries of the
workings of such mine \\\^ to the time of the abandonment, with the
view of its being i)roserved under the care of the Secretary of State, but
no person, except an inspector under this Act, shall be entitled, Avithout
the consent of the owner of the mine, to see such plan when so sent
until after the lapse of ten years from the time of such abandonment.

Every person who fails to comply -with this section shall be guilty of
an offence against this Act.

Ins^Kction.
43. A Secretary of State may from time to time apjioint any fit
per.sons to be inspectors of mines to which this Act applies, and assign
them their duties, and may award them such salaries as tlie Com-

(p) Stott V. Dickinson (1870), 34 547 ; 47 L. J. M. C. 25.

L. T. 291. •'Abandoned" ajiplies to ('/) IJotli Acts rci)eak'd by Public

mines abandoned before or attcr tlie Health Act, 1875 (38 & 3<t Vict. c.

Act came into force. See also Evans 55, s. 343 and schedule V.), except in

V. Mustyn (1877), b. K. 2 C. P. D. relation to the metropolis.



COAL MINES IIKGULATION ACT. 41')

missioners of Hi-i- Maji-sty's Trousury may a]Pi)rovc, and may remove
sucli inspectors.

Notice of the api)ointment of every such insjiector sliall l)c ])uhlislie(l
in tlie London <!a-:dtc.

Any such insjiector is referred to in this Act as an inspector, and tlie
inspector of a district means the inspector who is for tlie time being
assigned to tlie district or])ortion of the United Kingdom witli reference
to which the term is used.

Any person a])] )oiuted or acting as inspectiir under the Metalliferous
Mines Ilegulation Act, 1872, if directed by a Secretary of State to act as
an inspector undei' this Act, may so act, and shall be deemed to be an
inspector under this Act.

44. Any person who practises or acts or is a partner of any person
who practises or acts as a land agent or mining engineer, or as a manager,
viewer, agent, or valuer of mines, or arbitrator in any difference arising
between owners, agents, or managers of mines, or is otherwise employed
in or about any mine (whether such mine is one to which this Act
applies or not), shall not act as an inspector of mines under this Act.

45. An inspector under this Act shall have power to do all or any of
the following things ; namely,

(1.) To make such examination and in(|uiry as may be necessary to
ascertain whether the provisions of this Act relating to matters
above ground or below ground are complied with in the case
of any mine to which this Act applies :
(2.) To enter, inspect, and examine any mine to which this Act
applies, and every part thereof, at all reasonable times 1 ly day
and night, but so as not to impede or obstruct the working
of the said mine :
(3.) To examine into and make in(iuiry respecting the state and
condition of any mine to which this Act api^lies, or any part
thereof, and the ventilation of the mine, and the sufficiency
of the special rules for the time being in force in the mine,
and all matters and things ccninected with or relating to the
safety of the pereons employed in or about the mine or any
mine contiguous thereto :
(4.) To exercise such other powers as may be necessary for carrying
this Act into eifcct.
Every person who wilfully obstructs any inspector in the execution of
Ms duty under this Act, and every owner, agent, and manager of a ndne
who refuses or neglects to furnish to the inspector the means necessary
for making any entry, inspection, examination, or incpiiry under this
Act, in relation to such mine, shall be guilty of an offence against this
Act.

46. If in any respect (which is not provided against by any express
provisi(jn of this Act, or by any special rule) anv inspector find any
mine to which this Act applies, or any part thereof, or any matter.



416



THE LAW OF MASTER AND SERVANT.



thing, ov]iracticc in or coiniected with anysiich miiu- to W dangerous or
defective, so as in his opinifin to threaten or tend to the Ijodily injury of
any person, sucli inspector may give notice in "writing thereof to the
owner, agent, or manager of the mine, and shall state in such notice tlie
particulars in whicli he considers such mine, or any part thei'eof, or any
matter (?•), thing, or practice, to be dangerous or defective, and re(|uire the.
same to he remedied ; and unless the same he fortliwith remedied tlie
inspector shall also report the same to a Secretary of State.

If the owner, agent, or manager of the mine objects to remedy tlie
matter complained of in the notice he may, within twenty days after
the receipt of such notice, send his olijection in wiiting, stating the
grounds tluaenf, to a Secretary of State ; anil thereupon the matter
shall be determined by arbitration in manner provided by this Act ; and
the date of the receipt of such objection shall be deemed to lie the date
of the reference.

If the owner, agent, or manager fail to comply either with the
re(iuisition of the notice, Avhere no objection is sent Avitliin the time
aforesaid, oi' Avith the award made on arbitration, within twenty days
after the exjiiration of the time for objection or the time of making of
the award (as the case may be), he shall be guilty of an offence against
this Act, and tlie notice and award shall resjiectively be deemed to be
Avritten notice of such otl'ence.

Provided that the Court, if satisfied that the owner, agent, or managi-r
has taken active measures for comjtlying with the notice or award, but
has not, with reasonable diligence, l)een able to complete tlie works, may
adjourn any proceedings taken before them for punishing such offence
and, if tin- works are completed within a reasonable time, no penalty
shall be iidlicted.

No person shall be precluded by any agreement from doing such
acts as may be necessary to comply with the ])rovisions of this section,
or be liable under any contract to any jienalty or forfeiture for doing
such acts.

47. The owner, agent, or manager of every mine to wliicli this Act



(?•) Queen v. Spoil Lane Cullieri/
Co. (1878), L. R. 3 Q. K D. fu'S;
48 L. J.' M. ('. 25. (Apvellauts,
owricrs of a colliery. Netice was
given to tliciu liy the district iii-
sjiector that an accumulation of water
whicli was dangerous exi.sted near to
and in connectinn witli their niin-
iiig works, and requiring them mider
tliis section fortliwith to remedy the
matter. The acciunulation of water
was in tlie ]iit sliatt of an adjoining
colliery, and the (hreiuhiiits had
no ]iower to interfere with the wntcr
in it. 'I'hey took all pnictiialile



measures to reduce the arcuniula-
tion of water, but, after the notice,
they did not remove the men at
woiiv ill their own colliery : held
])}' Cocklairn, C.J., and Jlellor, J.
that the inspector could, under s. 4t>,
only give notice when the danger
could he actually remedied by the
occupier of tlic mine ; tliat the sec-
tion did not extend to a case in
which the source of danger was
li(yond ]ns control ; and that the only
icniedy in the circumstances was pro-
vided by s. [)l, sub-sec. (j.



COAL MINES RECULATIOX ACT. 417

ajiplies shall keep in tlic. office iit tlie mim' an accuriite plan of tlic,
workiiij^s of such iiiiiu', and showing the workings up to at least six
months iireviously.

The owner, agent, or manager of the mine shall produce to an in-
spector under this Act at the mine, such plan, and shall, if rerjuested by
the insi)ector, mark on such plan the progress of the Avorkings of tlu;
mine u]) to the time of such production, and shall allow the inspector to
examine the same ; hut the inspector is not hereby authorized to make a
copy of any part of such plan.

If the owner, agent, or manager of any mine to which this Act
applies fails to keep such plan as is prescribed by this section, or
-wilfully refuses to produce or allow to be examined such plan, or wilfully
Anthholds any portion of any plan, or conceals any part of the workings
of his mine, or produces an imperfect or inaccurate plan, unless he shows
that he was ignorant of such concealment, imperfection, or inaccuracy,
he shall l)e guilty of an offence against this Act ; and, further, the
inspector may, by notice in writing, (whether a penalty for such offence
has or has not been inflicted,) require the owner, agent, or manager to
cause an accurate plan, such as is prescribed by this section, to be made
within a reasonable time, at the expense of the owner of the mine, on a
scale of not less than a scale of two chains to one inch, or on such other
scale as the plan then used in the mine is constructed on.

If the owner, agent, or manager fail within twenty days, or such
further time as may be shown to be necessary, after the requisition of the
inspector to make or cause to lie made such })lan, he shall l)e guilty of an
offence against this Act (s).

48. Every inspector under this Act shall make an annual rcjiort of his
proceedings during the preceding year to a Secretary of State, which
report shall be laid before both Houses of Parliament.

A Secretary of State may at any time direct an inspector to make a
special report with respect to any accident in a mine to Avliich this Act
applies, which accident has caused loss of life or personal injury to any
person, and in such case shall cause such report to be made public at such
time and in such manner as he thinks expedient.

Arhitration,

49. With respect to arl titrations under this Act, tlie fnlloM'ing pro-
visions shall have effect :

(1.) The parties to the arbitration are in this section deemed to he
the owner, agent, or manager of the mine on the one hand,
and the inspector of mines (on behalf of the Secretary of
State) on the other :

(2.) Each of the parties to the arbitration may, witliin twenty-one
days after the date of the reference, appoint an arbitrator :

(s) Note the difference IVoui s. 19 of Metalliferous Mines Regulation Act.



418 THE LAW OF JIASTEK AND SERVANT.

(3.) No ]ier.s()ii shall ait as arliitrator or umpire under tlii.s Act who
is i-mployed in or in tlu- niana^'fuiont of or is interested in
the mine to which the arliitration relates :

(4.) The appointment ot" an arl)itrator under this section shall he in
■writing, and notice of the ai)pointment shall he forthwith sent
to the other party to the arbitration, and shall not l)e revokeil
■without the consent of such other ])arty :
' (;").) The death, removal, or other change in any of the parties to
the arhitratiun sliall not atfect the proceedings under this
section :

(fi.) If within the said twenty-one days either of the parties fail to
ai)point an arbitrator, the arbitrator ajipointed by the other
jiarty may proceed to hear and determine the matter in
difference, and in such case the awai'd of the single arbitrator
shall be final :

(7.) If before an award has been made any arbitrator appointed l)y
either party die or become incapable to act, or for fourteen
days refuse or neglect to act, the party by whom such arbi-
trator Avas appointed may appoint some other person to act
in his place ; and if he fail to do so within fourteen days after
notice in writing from the other party for that purj»ose, the
remaining arbitrator may proceed to hear and determine the
matters in ilifference, and in such case the award of such
single arbitrator shall be final :
(8.) In eitliei- of the foregoing cases where an arbitrator is em-
])owered to act singly, upon one of the ]tarties failing to
a])point, tlic i)arty so failing may, before the single arbitra-
tor has actually jiroceeded in the arbitrati(m, aj)point an
arbitrator, who shall then act as if no failui'e had been made:
(!).) If the arbitrators fail to make their award within twenty-one
days after the <lay on which the last of them was api)ointed,
or within such extended time (if any) as may have been
apjiointed for that purjiose by both arbitrators under their
hands, the matter in difference shall be determined by the
umpire aiijiointed as liereinafter mentioneil :

(10.) The arbitrators, liefore they enter upon the matters refern'd to
them, shall aj)i)()int by writing under their hands an umjiire
to deciile on jmints on which they may ilitfer :

(11.) If thenm])ire die or become incapable to act before he has made
his award, or refuses to make his award within a reasonable
time after the anatter has been brought within his cognizance,
the ])er.s(nis or ])erson who appointed s'Uch umpire shall fortli-
with ap])oint another um])ire in his place :

(12.) If the arl)itralors refuse or fail or tor seven days alter tlie re-
tpiest of either ]iarty neglect to aj)])oint an umpire, then on
tlie application of tither ]iarty an um])ire shall be apiiointeil



COAL MINES REGULATION ACT. 419

by the cliairiiian of tin- ,i,'riKTal or <|uaitcr sessions of tlio
peaco, within the jiiiisdictioii ot' wliicli the mine i.s situate :
(13.) The (leiisiou of every umpire on the matters referred to him

shall lie tinal :
(14.) If a sinfrlc arbitrator fail to make his award within twenty-
one days after the day on Mhieh lie was aj)]>oiiited, the party
who appointed him may aj)])oiiit another arbitrator to act in
his jtlaee :
(1.").) The arbitrators and their umpire or any of them may examine
the parties and their witnesses on oath, they may also consult
any counsel, engineer, or scientific person whom they may
think it e.\})edient to consult :
(16.) The jiayment, if any, to be made to any arbitrator or umpire
for his services shall be fixed by the Secretai-y of State, and
together with the costs of the arbitration and award shall bi-
paid by the jiarties or one of them according as the award
may direct. Such costs may be taxed by a master of one of
the superior courts, who, on the written application of^
either of the parties, shall ascertain and certify the proper
amoinit of such costs. The amount, if any, ])ayable by the
Secretary of State .shall be i)aid a-< part of the expenses of
inspectors under this Act. The amount, if any, payable
by the owner, agent, or manager may in the event of non-
j)ayment l>e recovered in the same manner as penalties under
this Act :
(17.) Every person Avho is appointed an arbitrator or umpire under
thi.s section shall be a practical mining engineer, or a person
accustomed to the working of mines, l)ut when an award has
been made under this section the arbitrator or umpire who
made the same shall be deemed to have been duly (jualified
as provided by this section.

Coro)icrs.
50. With respect to coroners' inquests on the bodies of persons whose
death may have been caused by explosions or accidents in mines to
which this Act applies, the following provisions shall have eH'ect :

(I.) "Where a cm-oner holds an inquest upon a body of any person
whose death may have been caused by any explosion or acci-
dent, of which notice is required T)y this Act to be given to
the inspector of the district, the cmoner shall adjourn such
inquest unless an ins])ector, or some person on behalf of a
Secretary of State, is present to watch the ]iroceedings :
(2.) The coroner, at least four days before holding the adjourned
inquest, shall send to the inspector for the district notice
in writing of the time and place of holding the adjourned
in(piest :

K E 2



4£0 THE LAW OF MASTER AND SERVANT.

(3.) The coroner, licfore tlit; adjounniR'nt, iiiuy take evidence to
identify the body, and may order the interment thereof :

(4.) If an explosion or accident has not occasioned the death of
more than one person, and the coroner has sent to the in-
spector of the district notice of tlie time and ]dace of liolding
tlie incjuest nut less tlian fovty-eij,dit hours before the time
of liolding the same, it shall not be imperative on him to ad-
journ such iuipiest in pursuance of this section, if the majority
of the jury think it unnecessary so to ailjouni :

(5.) An inspector shall be at liberty at any sucli infj^uest to ex-



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 44 of 77)