John Macdonell.

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

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amine any witness, subject nevertheless to the order of tlie
coroner :

(G.) Where evidence is given at an inquest at which an inspector is
not jiresent of any neglect as having caused or contributed to
the explosion or accident, or of any defect in or about the
mine appearing to the coroner or jury to reqviire a remedy,
the coroner shall send to the inspector of the district notice
in writing of such neglect or defoult :

(7.) Any person having a jiersonal interest in or employed in or in
the management of the mine in which the explosion or acci-
dent occurred shall not be qualified to serve on the jury
empanelled on the incj^uest ; and it shall be the duty of the
constable or other officer not to summon any person dis
qualified under this provision, and it shall be the duty of the
coroner not to allow any such person to be sworn or to sit on
the jury.
Every person who fails to comply with the provisions of this section
shall be guiltv of an offence against this Act.


General liiilcf:.

51. The following general rules shall l)e observed, so far as is reason-
ably practicable, in every mine to which this Act applies :

(1.) An adequate amount of ventilation shall be constantlj' jiroduced
in eveiy mine, to dilute and render harmless noxious gases to such an
extent that the working jjlaces of the shafts, levels, stables, and workings
(if such mine, and the travelling roads to and from such working places,
shall be in a fit state for woi'kiug and jwissiiig therein (t).

it) The rejicalcd Act, 23 &. 24 Vict. ordinary circnmstanccs " In Brongh
c. 151, s. 10, had tlio words "under v. Huinfraxj (1868), L. K. 3 Q. \i. 771,


(2.) In every mine in whicli inflammable gas has been found witliin
the preceding twelve month.s, then once in every twenty-four hours if
one shift of workmen is employed, and once in every twelve hours if
two shifts are employed during any twenty-four hours, a competent
person or competent persons, who shall be ajipointed for the jjurpose,
shall, before the time for commencing work in any part of the mine, in-
s})ect with a safety lani]) that part of the mine, and the roadways leading
tlu-reto, and shall make a true report of the condition thereof, so far as
ventilation is concerned, and a workman shall not go to work in such
part until the same and the roadways leading thereto are stated to be
safe. Every such report shall be recorded without delay in a book
which shall be kept at the mine for the purpose, and shall be signed by
the person making the same.

(3.) In every mine in which iiiHanninible gas has not been found
within the preceding twelve months, then once in every twenty-four
hours a competent person or competent persons, who shall lie appointed
for tlie purpose, shall, so far as is reasonably practicable immediately
before time for commencing wcn'k in any part of the mine, inspect that
part of the mine and the roadways leading thereto, and shall make a
true report of the condition thereof so far as ventilation is concerned,
and a workman shall not go to Avork in such jiart until the same and the
roadways leading thereto are stated to be safe. Every report shall l)e
recorde<l without delay in a book which shall be kept at tlie mine for
the purpose, and shall be signed by the person making the same.

(4.) All entrances to any place not in actual course of working and
extension, shall be properly fenced (h) across the whole width of such
entrance, so as to prevent persons inadvertently entering the same.

(5.) A station or stations shall be appointed at the entrance to the
mine, or to different parts of the mine, as the case may require, and a
workman shall not pass beyond any such station until the mine or part
of the mine beyond the same has l)een inspected and stated to be safe.

the Court of f^ieens fieiich hold, with required an outlay of £200 : held

reference to the correspoiuling words that the defendant was liable to be

in that Act, that it was not a eoni- convicted. But the Court observed

pliance with the statute to ventilate that the statute does nut require the

the working-places and travelling- manager to "sjjend his own nioney in

roads ; "so niuch of the mine must be providing the requisite machinery to

kept so ventilated as to render the secure proper ventilation." See also

working- places and traveUing- roads Knoirlcs v. Dickinson (1860), 29 L.

safe." ^In Hall v. Hopvood (1879), J. ^I. C. 135, where it was held that

49 L. J. M. C. 17 ; 41 L. T. 797, the ventilation must be constantly

respondent, a ccrtificateil manager of kept up, Sundays included,
a coal mine, at a salary of £1 a week, {n) Simpson v. Jloorc (1874), 3

was charged with an offence under Couper 26. A fence, consisting of a

this section; the mine being im- heap of stones, two to two and a half

properly ventilated. The respondent feet high, and sloping from tive feet

might have improved the ventilation at the base to ei.shtcen inches at the

witli the means at his dispos:d, l)Ut top, not a suflicient fence within the

the piopi-r ventilation would have Act.


((i.) If at any tiim* it is found liy tlu- in-rson for tin- tiini; l)cinj^ in
ibaij^'e of tlu' mine or any pirt thereof that hy reason of noxious gtises
prevailing in such mine or siieh part thereof, or, of any cause whatever,
the mine or the said part is dangerous, every workman shall be with-
drawn i'rom the mine or such part tliereof as is so found dangerous, and
u competent person who shall be appointeil for the purpose shall inspect
the mine or such ]iart thereof as is so found dangerous, and if the danger
arises from inflammable gas shall inspect tlu* same witli a locked safety
Uxmp, and in every case shall make a true report of the condition of siicli
mine or part thereof, and a workman shall nijt, except in so far as is
necessary for im^uiring into the cause of danger or for the removal
thereof, or for exploration, be readmitted into the mine, or such jiart
thereof as was so found dangerous, until the s;inie is stated by sncli
report not to be dangerous. Every such rcpuit sliall he recorded in a
book which shall be kept at the mine for the purpose, and sliall be
signed by the person making the same.

(7.) In every working approaching any place where tliere is likely tt)
be an accumulation of explosive gas, nolanq) or light other tlian a locked
safety lamp shall be allowed or used, and whenever safety lamps are
required by this Act, or by the special rules made in jiursuance of this
Act, to be used, a competent person Avho shall be appointed for the
purpose shall examine every safety lamp immediately before it is taken
into the workings for use, and ascertain it to be secure and securely
locked, and in any part of a mine in which safety lamps are so rerpiired
to be used, they shall not be used until they have been so examined and
found secure and securely locked, and shall not without due autliority
b.' unlocked, and in the said juirt of a mine a person shall not, unless lie
is ap[)ointed for the jmrpose, have in bis possession any key or contrivance
for opening the lock of any such safety Limp, (jr any huifer match or
apparatus of any kind for striking a light.

(8.) Gimpowder or other explosive or inflaninialile substance shall only
be used in the mine underground as follows :
(a.) It shall not be stored in the mine :
{li.) It shall not be taken into the mine, except in a case or canister

containing not more than four jiounds :
(c.) A workman shall not have in use at one time in any one place

more than one of such cases or canisters :
((/.) Ill charging holes for blasting, an iron or steel pricker sliall not
be used, and a person shall not have in his posses.sion in the
mine underground any iron or steel jiricker, and an iron or
steel tamping rod or stenimer shall not be used for ramming
either the wadding or the lirst part of tlie tani])ing or
stemming on the jiowder :
((.) A charge of jiowder whiih has missi'd liii- yhall not be un-

raumiid :
(/) It shall not be taken into or be in the ]iossession of any person in


any iiiiiu', except in caitrid^'cs, and .sliall init in- used, except
in uccoidaiice with the ioUuwiu^ iv|,'ulati(iiis, duriii;,' thiee
iiioiitlis lifter any inttainniulde {^as lias been found iu any
such II line ; namely,

(1.) A ccjinpetent person wluj shall lu- appointccl loi- lln;
purpose shall, ininiediately l)efore tiiinj^ the shot, examine
the place wheiv, it is to l)e used, and the phices conti^^iions
thereto, and shall not allow the shot to be fired unless he
finds it sale to do so, and a shot shall not be hred except
by or under the direction of a competent person who shall
be appointed for the ])uri)ose :

(2.) If the said inflammable gas issued so freely that it
showed a blue cap on the Hame of the safety lamp, it shall
only be used —

(«.) Either in those cases ol' stone drifts, stone work

and sinking of shafts, in which the ventilation

is so managed that the return air from the place

where the powder is used ])asses into the main

return air course without passingany place in actual

course of working ; or

(6.) When the persons ordinaiily emjdoyed in the

mine are out of the mine or out of the part of the

mine Avhere it is used :

{[/.) \Vliere a mine is divided into separate panels in such manner

that each panel has an independent intake and return air-way

fiom the main air course and the main return air course, the

provisions of this rule with res[)ect to gunjjowder ov other

explosive inflammable substance shall apply to each such

panel in like manner as if it were a separate mine.

(9.) 'Wliere a place is likely to contain a dangerous accumulation of
Avater the Avorking approaching such place shall not exceed eight feet iu
width, and there shall be constantly kept at a sufhcient distance, not
being less than five yards, in advance, at least one bore-hole near the
centre of the working, and sutficit-nt flank bore-holes on each side.

(10.) Every uudei-ground plane on which persons travel, which is self-
acting or worked by an engine, windlass, or gin, shall be provided (if
exceeding thirty yards in length) with some proper means of signalliiii;
between the stopping places and the ends of the plane, and shall be pro-
vided in every case, at intervals of not more than twenty yards, a\ itli
sufficient man-holes for places of refuge.

(11.) Every road on which persons travel underground where the load
is drawn by a horse or other animal shall be pro\ ided, at intervals of not
more than fifty yards, with sufficient man-holes, or with a space for a
place of refuge, which space shall be of suthcient length, and of at least


tliieo i'l't't in widlli lictwei-u tlu- Wiig^i^'uiis running on tlio tnunioad and
the side of siicli road.

(12.) Every nian-liole and space for a jilace of refuge shall bo constantly
kept dear, and no ])erson shall place anything in a man-hole or such
space so as to prevent access thereto.

(13.) The top of every shaft which for the tinu' Leing is out of use, or
used only as an air shaft, shall be securely fenced.

(14.) The toji and all entrances between the to]) and bottom of every
working or jnunping shaft shall be properly fenced, but this shall not be
taken to forbid the temporary removal of the fence for the purpose of
re]>airs or other operations, if proper precautions are used.

(lo.) Where the natural strata are not safe, every working or piunping
shaft shall be securely cased, lined, or otherwise made secure.

(l(i.) The roof and sides of every tra\elling road and working place
i-hall lie made secirre, and a person sliall not, irnless appointed for the
purpose of exploring or repairing, travel or work in any such tra^■elling
load or working place which is not so made secure.

(17.) Where there is a downcast and furnace shaft, and both such
shafts are provided with apparatus in use for raising and lowering persons,
every person employed in the mine shall, upon giving reasonable notice,
have the option of using the downcast shaft.

(18.) In any mine which is usually entered by means df machinery,
a competent person of such age as prescribed by this Act shall be
appointed for the purjiose of working the machinery which is employed
in lowering and raising persons therein, and shall attend for the said
pur])ose during the whole time that any person is below ground in the

(19.) Eveiy W(jrking shaft used for the purpose of <lra\viug minerals
or for the lowering or raising of persons shall, if exceeding tifty yards in
dejith, and not exempted in writing by the inspector of the district, be
provided with guides and some proper means of communicating distinct
and definite signals from the bottom of the shaft and from every entrance
i'or the time being in work between the surface and the bottom of the
shaft to the sui'face, and from the surface to the bottom of the shaft and
to every entrance for the time being in work between the surface and the
bottom of the shaft.

(20.) A sufficient cover overliead shall be used when lowering or
raising ])ersons in every working shaft, except where it is worked by a
windlass, or where the person is employed about the pumji or .some work
of repair- in the sliaft, or where a a\ lit ten exemption is givi'U by the of the district.

(21.) A single linked < haiu shall not In- used for lowering or raising
persons in any working sliaft <>]■ ]ilaneex(e]it for tlie short coupling cliuiii
attached to the cage or load.

(22.) There shall be on the drum of every machine used for lowering
or raising jjersons sucii fhmges or horns, and also if the drum is conical.


siU'li other aj)pliiinccs, as may lie sufHcic'iil to prevent, tlie rope frnm
slil)piii- (v).

(23.) Tlien' sliall lie attacliecl to every luacliine worked by steam,
water, or iiiecluuiical ])(j\ver and used lor lowering or raising persons, an
adequate break (v), and also a ])roper indicator (in addition to any mark
on the rope) Avhicli shows to tlie ])erson who works the machine the
position of the cage or load in the shaft.

(24.) Every fly-wheel and all exposed and dangerous parts of the,
machinery' used in or about the mine shall be and lie kept securely

(25.) Every steam boiler shall be provided with a proper steam gauge
and water gauge, to show respectively the pressure of steam and the
height (jf water in the Ijoiler, and with a proper safety valve.

(26.) After dangerous gas has lieen found in any mine, a barometer
and thermometer shall be placed above ground in a conspicuous position
near the entrance to the mine.

(27.) No person shall wilfully damage, or without proper authority
remove or render ;iseless any fence, fencing, casing, lining, guide, means
of signalling, signal, cover, chain, flange, horn, break, indicat(jr, steam
gauge, water gauge, safety valve, or (jther apjiliance or thing provided in
any mine in compliance with this Act.

(28.) Every person .-^hall observe such directions with respect to work-
ing as may be giA-en to him with a view to comply with tliis Act or the
special rules.

(29.) A competent person or com})etent persons who shall lie appointed
for the purpose shall, once at least in every twenty-four hours, examine
the state of the external parts of the machinery, and the state of the
head gear, working places, levels, planes, ropes, chains, and other works
of the mine which are in actual use, and once at least in every week
shall examine the state of the shafts by which persons ascend or descend,
and the guides or conductors therein, and shall make a true report of the
result of such examination, and such report shall be recorded in a book

(v) An information was preferred the rules. The justices found, as ii
imdcr this sub-suction against the fact, that the defendant had taken all
part owner of a coal mine, in wiiicli reasonable means by publishing, and,
one of the general rules regulating to the best of his pt)wer, enforcinrc.
the employment of machines had not the rules as regulations for the work-
been complied with. The general ing of the mine, to prevent such non-
rules were put \ip iu various parts of compliance, and dismissed the infor-
the mine, and the defendants oc- mation : held that there was evidence
casionally visited the mine, but re- from which tlie justices might pro-
sided at a distance, and took no part perlycome to that conclusion. Baker
in the management of the mine, v. L'arfrr (1878), L. li, 3 Ex. T).
which was under the exclusive con- 132 ; 47 L. J. Vi. C. 87 ; 26 AV. K. 444.
trolofthe certificated manager, who (.r) Kinuaoy. Clark {IS'2), 10 M.
was also part owner. The defendant 477. (I'umping gear, though serving
was not examined ps a witnes.s, but the purpose of a break, not a break
it was adnutted that he had not per- within the Act (23 & 24 Vict. c.
sonnlly taken any means to enforce 1 •")!).)

42G THE LAW 01' jrASTF-:R A^•D sekyant.

tn lie kept at till' iiiiiic Ini' the ]iin]iiis(.', and .^liall lie si,L;iie(l liy tin- pcreon
■\vlio made the siiiie [ij).

(30.) The persons enipliiyi<l in a mine may IVoni time to time api)oint
two of tlieir nnmlier to inspect the mine at tlieir own cost, and the
jn'isons so appointed shall lie aUowed, ome at h-ast in every month,
accompanied, if the owner, aj^eut, or mana<4;er of the mine thinks fit, by
himself or one or more ottieers of the mine, to go to every part of the
mine, and to inspect the shafts, levels, jilanes, workinjj; jtlaces, return
air-ways, ventilating apjuiratus, old workings, and machinery, and shall
lie ati'orded hy the owner, agent, and manager, and all persons in the
mine, every facility for the imrjiose (jf such ins]iection, and shall make a
tnie report of the result of such insjiection, and such rejiort shall lie
recorded in a liook to be kept at the mine for the [>urpose, and shall be
signed liy the persons who made the siime.

(31.) The books mentioned in this section, or a copy therecjf, shall be
kept at the office at the mine, and any inspector under this- Act, and any
person employed in the mine, may, at all reasonable times, inspect and
take copies of and extracts from any such books.

Every person -who contravenes or does not comply Mith any of the
general rules in this section shall lie gnilty of an oH'ence against this
Act ; and in the event of any contravention of or non-comjiliance with
any of the said general rules in the case of any mine to which this Act
applies, liy any person whomsoever, being proved, the owner, agent,
and manager shall each be gnilty of an oti'ence against this Act, unless
he jiroves that he had taken all reasonable mean.s, by publishing and
to tlut best of his power enforcing the said rules as i-egiilations for
the working of the mine, to ]ucvent such contravention oi' non-

iSpcriftl I'iiht<.

52. There shall be established in every mine to which this Act
applies such rules (refeired to in this Act as special rules) for the
conduct and guidance of the jiersdiis acting in the management of such
ndne or employed in or alxiut tlie same as, under the jiarticular state
aiid circumstances of sncli mine, may a]>pear best calculated to jirevent
dangerous accidents, and to jirovide tor the safety and proper discipline
of the persons emiiloyed in or alnjul the mine, and such special rules,
w lull established, shall be signed liy the insjiector who is insjiector of
the district at the time such rules are cstalilished, and shall be observed

(y) Under the 2-')r(l sccliiiii i)f the re- laiiiiniiau liad delivered out certain

ncahd 2'.i k 24 N'ict. c. Ifil, it was satety-lanijis unlocked. DIckinsun v.

Im'M that an owner of a mine was not Flitclirr (1870), L. K. 'J C. 1'. 1 ; 43

liable! to a yieiialty in the absence of b. .1. M. C. 25 ; 29 L. T. 540. See

jiersoiial ilefault when he had aji- also JJanrlls v. Landurf ISfccl t'u.,

pointed a coiiiiictent person to exaniiiic I,. \\. 10 (^>. !>. (i2 ; 44 L. J. Q. 13.

and lock the safety lamps, ami the 2.") ; 1)2 L. T. I 'J ; 23 \V. E. 335.


ill and almiit rvny .-u<li iiiiiic, in tliu same iiiaiim r a> il' tlicy were
ciiucUil ill this Act.

It'aiiv i)L'Vsou (■■) wlio is IkiiukI t(j oliscivi- tlic sjiccial rules cstalilisluMl
lor any luiiu', acts in coiitraveiitiou of or fails to comply witli any of
such special rules, he shall lie guilty of an offence a,nainst this Act, and
also the owner, agent, and manager of such mine, unless he prf)ves that
he had taken all reasonalile means, hy publishing ami to the l^est of his
]H)Wer enforcing the said rules as regulations for the working of the
mine so as to prevent such contraventicm or non-compliance, shall each
he guilty of an otfence against this Act.

53. The owner, agent, or manager of every mine to which this Act
applies sliall frame and transmit to the inspector of the district, for
ai)proval liy a Secretary of State, special rules for such mine -within
three months after the commencement ot this Act, or within three
months after the commencenieiit (if subseipient to the commencement
of this Act) of any working for the purpose of o])eiiing a new mine or
of renewing the working of an ohl mine.

The proposed special rules, t(jgetlier with a ininted notice specifying
that any objection to such rules on the ground of anything contained
therein or omitted therefrom may be sent by any of the persons
employed in the mine to the inspector of the district, at his address,
stated in such notice, shall, during not less than two weeks before such
rules are transmitted to the inspector, be posted up in like manner ivs is
jirovitled in this Act respecting the publication of special rules for the
information of persons employed in the mine, and a certificate that such
rules and notice have been so posted up shall be sent to the inspector
with the rules, signed Tiy the person sending the same.

If the rules are n<jt objected to by the Secretary of State witldn
forty days after their receipt liy the inspector, they shall be established.

.')4. If the Secretary of State is of opinion that the proposed special
rules so transmitted, or any of them, do not sufficiently provide for the
prevention of dangerous accidents in the mine, or for the safety of the

(-) By a special rule made under They were licld guilty of a breach of

this section, no person "employed in the special rule. Hlijltnuiy. JTriyht

or about the works" "shall go down (1877), L. I!. "2 C. P. D. 397 ; 46 L.

or up, or into the pit, contrary to the J. M. C. '22-1 ; '67 L. T. 187.
directions of the banksman or the Tlie agent of a mine iiiay be

hooker-on. " The workmen had convicted under this section of a

power to terminate their contracts at breach of regulations prescribed by

il moment's notice. Being dissatis- sections 51 and 52, although the

tied with their working-places, certain mine is under the control of a duly

workmen in the pit gave notice of certificated manager. Owner, agent,

their intention to leave at once. and manager, are all liable, "unless

They asked the hooker-on to allow they have taken all reasonable

them to ascend, but he refused to do means to prevent a contravention of

so until the usual time for workmen the rules ; " Wynne v. Forrester

to quit the mine. The workmen (1S7!»), L. K. 5 C. P. D. 361 ; 48 L.

ascended, contrary to his directions. J. ]\l. C. 140 : 40 L. T. 524.


persons employe'd in or about tlu- luinu, or arc uurL-asuiialile, lu; may,
■\vitliiu forty diiyn after the rule.s arc received l)y the inspector, object to
the ruh'8, and piupose to the owner, agent, or manager in writing any
moditications in the ruh's by way either of omission, alteration, substitu-
tion, or addition.

If the owner, agent, or manager does not, witliin twenty days after
the moditications proposed by the Secretary of State are received by
him, object in writing to them, the jiroposed special rules, with such
modifications, shall be established.

If the owner, agent, or manager sends his objection in writing within
the .said twenty days to the Secretary of State, tlie matter shall be
referred to arbitration, and the date of the receipt of such objection by
the Secretary of State shall lie deemed to be the date of the reference,
and the rules shall be established as settled In' an award on arbitration.

55. After special rules are establislu'd under this Act in <iny mine,

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