John Macdonell.

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

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the ownei-, agent, or manager of such mine may from time to time
propose in wilting to the inspector of the district, for the approval of a
Secretary of State, any amendment of siich I'ules or any new special
rules, and the provisions of this Ait with respect to the original special
rules shall apply to all such amendments and new rules in like manner,
as near as may be, as they apply to the original rules.

A Secretary of State may from timt; to time propose in writing to the
owner, agent, or manager of the mine any new special rules, or any
amendment to the special rules, and the provisions of this Act with
re-sjiect to a proposal of a Secretary of State for modifying the special
rules transmitted by the owner, agent, or manager of a mine shall apply
to all such new special i-ules and amendments in like manner, as near
as may be, as they apply to such proposal.

56. If the owner, agent, or manager of any mine to which this Act
applies makes ajiy false statement with respect to the posting up of the
rules and notices, he shall be guilty of an otfence against this Act, anil
if special rules for any nunc are not transmitted witliin the time limited
by this Act to the inspector for the approval of a Secretary of State, the
owner, agent, and manager of such mine shall each be guilty of an
ofience against this Act, unless he prove that he had taken all reasonable
means, by enforcing to the best of his power the provisions of this
section, to secui'C the transmission of such rules.

57. For the purpose of making known the sjjecial rules and the
])i'ovisions of this Act to all i)ers()ns employed in and about each mine
to which tills Act applie.-i, an abstract of the Act sujiidied, on the
application of the owner, agent, or manager of the mine, by the inspector
of the district on behalf of a Secretary of State, and an entire copy oi
the special rules shall be published as follows :

(1.) The owner, agent, or manager of such mine sliall cause such
ab.stract and rules, with the name and address of the
inspector of the district, and the name of the owner or



COAL MINES REGL'LATION ACT. 421)

agent and of the manager appended tliereto, to Le ])ost(d nji
in legible characters, in some conspiciions place at or miii'
the mine, where they may be conveniently lead by tliu
persons (nnployed ; and so often as the same become defaccil,
obliterated, or destroyed, shall canse tlu-m to be reneweil
with all reasonable despatch :
(2.) Tlie o\\Tier, agent, or manager shall supply a printed copy «f
the abstract and the special rules gratis to each person em-
jiloyed in or about the mine who applies for such copy at the
office at which the persons immediately employed by such
owner, agent, or manager are paid :
(3.) Every copy of the special rules shall be ke2)t distinct from any
rules which depend oidy on the contract between the em-
jdoyer and emi)loyed.
In the event of any non-compliance with the provisions of this
section by any person whomsoever, the owner, agent, and manager
shall each be guilty of an offence against this Act; but the owner,
agent, or manager of such mine shall not be deemed guilty if he prove
that he liad taken all reasonable means, by enforcing to the best of
his power the observance of this section, to prevent such non-
compliance.

58. Every person who pulls down, injures, or defaces any proposed
special rules, notice, abstract, or special rules when posted up in pur
suance of the provisions of this Act with respect to special rules, or any
notice posted up in pursuance of tlie sjiecial rules, shall be guilty of an
offence against this Act.

59. An inspector under this Act shall, when requii'ed, certify a cojiy
which is shown to his satisfaction to be a true copy of any special rules,
which for the time being are established under this Act in any mine,
and a copy so certified shall be evidence (but not to the exclusion of
other proof) of such special rules and of the fact that they are duly
established under this Act and have been signed by the inspector.



PART III.

Supplemental.
Peyialfies.

60. Every person employed in or about a mine, other than an owner
agent, or manager, who is guilty of any act or omission which in the
case of an owner, agent, or manager would be an offence against this Act
shall be deemed to be guilty of an offence against this Act.

Every person Avho is guilty of an offence against tlus Act shall be



430 THE LAW OK IMAS'lER AND SERVANT.

lialtle to a penalty not L-xcei-ding, if he is an owner, agent, or manager,
twenty pounds, and if he is any other jierson, two pounds, for each
offence ; and if the inspector has given written notice of any such
offence, to a further penalty not exceeding one ])Ound for every day after
!<uch notice that such offence continnes to be coiuniitted («).

(jl. Where a person who is an owner, agent, or manager of or a person
employed in or ahout a mine is guilty of any offence agiiinst this Act
which, in the opinion of the court that tries tin- case, is one which was
reasonably calculated to endanger the safety of the persons employed in
ov about the mine, or to cause serions personal injury to any of such
persons, or to cause a dangerous accident, and was committed wilfully
by the jiersonal act, personal default, or i)ersonal negligence of the
person accused, such person shall l>e liable, if the court is of opinion
that a pecuniary penalty will not meet the circumstances of the case, to
imi)risonnR'nt, with or without hard labour, for a period not exceeding
three months.

If any person fei-l aggrieved by any conviction made by a court of
summary jurisdiction on determining any information under this Act,
by which conviction imprisonment is adjudged in pursuance of this sec-
tion, or by which conviction the sum adjudged to l^e paid amounts to or
exceeds half the maxinmm penalty, the person so aggrieved may api)eal
therefrom, subject to the conditions and regulations following :

(1). The appeal shall be made to the next court of general or
(quarter sessions for the county, division, or place in which
the cause of apjieal has arisen, holden not less than twenty-
one days after the decision of the court from which the ap-
peal is made :
(2.) The appellant sliall, within seven days after the cause of appeal
has arisen, give notice to the other i>arty and to the court of
summary jurisdiction of his intention to a^ipeal, and of the
groiuid thereof :
(3.) The appellant shall, iuiiuediateiy after such notice, enter into
a recognizance before a justice of the jieace, with two sutS-
cient sureties, conditioned ])ersonallv to tiy such a])peal, and
to abide the judgnu'ut of the court thereon, and to pay such
costs as may Ijc awarded by the court, or give such otiier
security by de]>osit of nioiuy or otluvwise as the justice may
allow :
(4.) Tlie justice may, if lie think tit, on the a]i])el1ant entering into
such recoguizauci- oi' giving suili oilier security as aforesaid,
release him from custody :
(5.) The court of apjieal may adjourn the ajiju-al, and ujion tlie
hearing thereof they may contirm, reverse, or modify tlie

ill) Ono of several owners mnv he Ih-mni, 7 K. i 1>. 7r»7 ; 26 L. J.
jiroccedcd ngaiiist for jiuiKdlics ; 11. v. I\I. ( '. ]8:j.



COAL MINKS ItKGULATlOX ACT. 431

(IcfisiiMi (if the tuurt ul' .suuiiuarv Jiuisdictidii, ur iciiiil llie
matter to tlic court of sumnmiy jurisdiction with tlie o])iiiioii
of tlic court of ai)]>L';il tlicrcoii, or make such other ordi-r in
tlie matter as tlie court tliinks just. The court of ajipeal
may ulso make sncli onk-r as to costs to he paid liy eitlier
])arty as the court thinks just.
Provided tliat in Scothiud —

(1.) This section sliall not apjily to any conviction made hy a

sheriff :

(•2.) Tlie term "enterin;^ into a recoj^nizance hefoii- a justice of the

peace " shall mean tiudinj,' caution with the clerk of the

justices of the ]ieace to the satisfaction (jf a justice of the

peace, and tlie term "recognizance" shall mean a hond of

cauti(jn :

(3.) In Scotland it shall he comjietent to any jierson empowered to

appeal by this section, to appeal against a conviction by a

sheiitf to the ne.\t circuit court, or where then- are no circuit

courts to the high court of justiciary at Edinburgh, in the

manner prescribed by such of the provisions of the Act of

the twentieth year of the reign of King George the Second,

chapter forty-three, and any Acts amending the same, as

relate to appeals in matters criminal, and by and imder the

rules, limitations, conditions, and restiiitions contained in

the said provisions.

62. All ofl'ences iinder this Act not declared t(j be misdenieanoui-s,

and all penalties under this Act, and all money and costs by this Act

directed to be recovered as penalties, may be prosecuted and recovered

in manner directed by the Summary Jurisdiction Acts before a court of

summary jurisdiction.

Proceedings for the removal of a check weigher shall be deemed to
be a matter on which a court of summary jurisdiction has authority by
law to make an order in pursuance of the Summary Jurisdiction Acts,
and summarv- orders under this Act may be madi' on com])laint before
a court of summary jurisdiction in manner provided by tlie Summary
Jurisdiction Acts.

The " Court iif Siunmary Jurisdiction," when hearing and determining
an information or complaint, shall be constituted- —

{<(.) In England, either of two or more justices of the peace in
petty sessions sitting at a ])lace ajj^iointed for holding
petty sessions, or of some magistrate or officer for the time
being empowered by law to do alone any act authorised to
be done by more than one justice of the peace and sitting
alone or with others at some; court or other jilace ai)pointed
for the administration of justice ; or,
(//.) In Scotland, of two or more justices of tlie peace sitting as
jiulges in a justice of the peace court, or of the sherilf or



482 THE LAAV OF MASTER AND SERVANT.

some other magistrate or otticer for the time being em-
powered by law to do ah)nL' any act authorised to be done
by more than (Hic justiti' of the peace, and sitting alone
or with others at some conrt or otln-r jilace apjjointed for the
administration of justice ; or,
(r.) In Ireland, within the police district of Dublin metropolis
of one of the divisional justices of that district sitting at
a police court witliin the district, and elst-where of two or
more justices of the peace sitting in ]>etty sessions at a
place aiipointed fen- holding petty sessions.
G3. In every part of the United King(him the following provisions
shall have effect :

(1.) Any complaint or informathm made or laid in jmrsuance of

this Act shall be made or laid within three months from

the time when the matter of such complaint or information

respectively arose :

(2.) The descriiition of any offence under this Act in the wurds of

this Act shall be sufhcient in law :
(3.) Any exception, exemjition, proviso, excuse, or qualification,
whether it does or not accompanj^ the descrijition of the
offence in this Act, m!iy be jn-oved l>y the defendant, but
need not be specified or negatived in the information, and
if so specified or negatived, no ]iroof in relation to the
matters so specified or negatived shall be required on the
part of the informant :
(4.) The owner, agent, or manager may, if he think fit, be sworn
and examined as an ordinary witness in the case where he
is charged in respect of any contravention or non-compli-
ance by another person :
(5.) The court shall, if retpured by either juirty, cause minutes of

the evidence to be taken and preserved :
((5.) A court of sunniiarv jurisdiction shall not imi^ose a penalty
under this Act exceeding fifty pounds, but any such court
may inqiose that or any less ])enalty for any one offence,
notwithstanding the olfence involves a penalty of higher
amount.
64. No prosecution shall be instituted against the owner, agent, or
manage)- of a mine to wliich this Act applies for any offence under this
Act which can be 2)rosecuted before a court of summary jurisdiction,
except by an inspector or with the consent in writing of a Secretary of
State ; and in the case of any offence of which the owner, agent, or
manager of a mine is not guilty, if he proves that he had taken all ica-
«onable means to prevent the commission then-of, an inspector shall not
institute any prosecution against such owner, agent, oi- manager, if
satisfied that he had taken such ivasonable means as aforesaid.
Cf). In Scotland the following ))rovisions shall have efl'ect :



COAL MINES REGULATION ACT. 433

(1.) All jurisdictions, powers, and autliorities necessary for tlie
court of summary jurisdiction under this Act are herel)y
conferred on that court :

(2.) Every person found liable under this Act hy a court of sum-
maiy jurisdiction in any penalty, or to pay any money or
costs by this Act directed to be recovered as penalties, shall
be liable in default of immediate payment to be imprisoned
for a term not exceeding three months, and the conviction
and warrant may be in tlie form of No. 3 of Schedule K. of
the Summary Procedure Act, 1864 :

(3.) In Sct)tland any penalty exceediu^Lj tifty pounds sliall be re-
covered and enforced in the same manner in which any
penalty due to Her Majesty under any Act of Parliament
may be recovered and enforced.

66. Nothing in this Act shall prevent any person from being indicted
or liable under any other Act or otherwise to any other or higher penalty
or punishment than is provided for any offence by this Act, so that no
person l)e ])unished twice for the same oti'ence.

If the court before whom a person is charged with an offence under
this Act think that proceedings ought to be taken against such person
for such offence irnder any other Act or otherwise, the Court may ad-
journ the case to enable such proceedings to be taken.

67. A person who is the o^vner, agent, or manager of any mine to
which this Act applies, or the father, son, or brother of such owner,
agent, or manager, shall not act ' as a court or member of a court of
summary jurisdiction in respect of any offence under this Act.

68. "\Vliere a penalty is imposed under this Act for neglecting to send
a notice of any explosion or accident or for any offence against this Act
which has occasioned loss of life or personal injury, a Secretary of State
may (if he think fit) direct such penalty to be paid to or distributed
among the persons injured, and the relatives of any persons whose death
may have been occasioned by such explosion, accident, or offence, or
among some of them.

Provided that —

(1.) Such persons did not in his opinion occasion or contril)ute to
occasion the explosion or accident, and did not commit and
were not parties to committing the offence :
(2.) The fact of such payment or distribution shall not in any way
affect or be receivable as evidence in any legal proceeding
relative to or consequential on such explosion, accident, or
offence.
Save as aforesaid, all penalties imposed in pursuance of this Act shall be
paid into the receipt of Her Majesty's Exchequer, and shall be carried to
the Consolidated Fund.

In Ireland all penalties imposed and recovered under this Act shall be

F F



434 THE LAW OF MASTER AND SERVANT.

applied in manner directed by tlie Fines Act (Ireland), 1851, and any
Act amending the same.

69. The owner, occupier, or manager of every mine shall on the first
of January every year, and at any other time when recjuired by the
Secretary of State, send to the inspector of his district a return of facts
relating to his mine in the form given in Schedule Four.

Afucellaneom.

70. If any question arises whetluT a mine is a mine to which this Act
or the Metalliferous I\Iines Regulation Act, 1872, ajiplies, such question
shall be refi'rred to a Secretary of State, whose decision thereon shall he
final,

71. All notices under this Act shall he in writing or print, or pai'tly
in writing and partly in print, and all notices and documents required
by this Act to be served or sent by or to an inspector may be either de-
livered personally, or served and sent by post by a prepaid letter, and if
served or sent by post, shall be deemed to have been served and received
respectively at the time when the letter containing the same would be
delivered in the ordinary course of post, and in proving such service or
sending it shall be sufficient to prove that the letter containing the notice
was properly addressed and put into the post.

72. In this Act, unless the context otherwise rec^uires, —

The term " mine " includes every shaft in the course of being sunk,
and every level and inclined plane in the course of being driven for
connnencing or opening any mine, or for searching for or proving
minerals, and all the shafts, levels, planes, works, machinery, tram-
ways, and sidings, both below ground and above ground, in and
adjacent to a mine and any such shaft, level, and inclined i)lane,
and belonging to the mine :

The term " shaft" includes pit :

The term " plan " includes a map and section, and a correct copy or
tracing of any original plan as so defined :

The term " owner " (6), when used in relation to any mine, means any
person or body corporate Avho is the immediate i)roprietor, or lessee
or occupier of any mine, or of any part thereof, and does not in-
clude a person or body corporate who merely receives a royalty,
rent, or fine from a mine, or is merely the proprietor of a mine
subject to any lease, grant, or license for the working thereof, or is
merely the owner of the soil, aTid not interested in the minerals
of the mine ; but any contractor for the working of any mine
or any part thereof shall be subject to this Act in like manner as
if he were an owner, but so as not to exempt the owner from any
liability :

(I) See Sloti v. Dkklmon (1876), 34 L. T. 291.



COAL MINES REGULATION ACT. 435

Tlic tfi-m " a,L,fcnt " (r), wlu'ii uscil in I'cliition to any mine, means any
person liavinj,', on l)elialf of the owner, care or direction of any mine,
or of any part thereof, and superior to a manager appointed in pur-
suance 0*' this Act :
The term " Secretary of State " means oul- of Her Majesty's principal

Secretaries of State :
The term " child " means a chihl under the age of thirteen years :
The term "young person " means a person of tlie age of thirteen years

and under the age of sixteen years :
The term "woman" means. a female of the age of sixteen years and

upwards :
The term " Summary Jurisdiction Acts" means as follows :

As to England, the Act of the session of the eleventh and twelfth
years of the reign of Her present Majesty, chapter forty-three,
intituled " An Act to facilitate the performance of the duties of
justices of the peace out of sessions within England and Wales,
with respect to summary convictions and orders," and any Acts
amending the same :
As to Scotland, "The Summary Procedure Act, 1864 : "
As to Ireland, within the police district of Dublin Metropolis, the
Acts regulating the powers and duties of justices of the peace for
such district, or of the ]iolice of such district, and elsewhere,
"The Petty Sessions (Ireland) Act, 1851," and any Act amending
the same :
The term " Court of Summary Jurisdiction" nieans —

In Englanil and Ireland, any justice or justices of the peace,
metropolitan police magistrate, stipendiary or other magistrate,
or officer, hy whatever name called, to whom jurisdiction is given
by the Summary Jurisdiction Acts or any Acts therein re-
ferred to :
In Scotland, any justice or justices of the peace, sheriff, or other
magistrate, to the proceedings before whom for the trial or. prose-
cution of any offence, or for the recovery of any penalty under
any Act of Parliament, the provisions of the Summary Jurisdic-
tion Acts may be applied.
73. In the application of this Act to Scotland —

(1.) The term "Attorney- General" means the Lord Advocate :

(2.) The term " injunction " means interdict :

(3.) The term " misdemeanour " means " crime and offence : "

(4.) The term "chairman of cpiarter sessions" means the sheriff of

the county :
(5.) The term " sheriff" includes sheriff substitute :
(6.) The term " attending on subpoena Ijcfore a court of record "
means attending on citation the Court of Justiciary :

(c) As to who is " agent," see ,S7o/«s v. Jlcllor (1S75), 39 J. P. 788.

F F 2



436 THE LAW OF MASTER AND SERVANT.

(7.) The Queen's and Lord Treasurer's Eemembrancer shall per-
form the duties of a master of one of the superior courts
under this Act :

(8.) The term " stipendiary magistrate " means a sheriff or sheriff
substitute :

(9.) Notices of explosions, accidents, loss of life, or personal injury-
shall be deemed to be sent to the inspector of the district on
behalf of the Lord Advocate :
(10.) Section sixteen of " The Public Health (Scotland) Act, 1867,"
shall be substituted for " section eight of the Nuisances Re-
moval Act for England, 1855, as amended and extended by
the Sanitary Act, 1866."

74. The persons who at the commencement of this Act are acting as
inspectors under the Acts hereby repealed shall continue to act in the
same manner as if they had been appointed under this Act.

75. The special rules which at the commencement of this Act are in
force under any Act hereby repealed in any mine to which this Act
applies shall continue to be the special rules in such mine until special
rules are established under this Act for such mine, and while they so
continue shall be of the same force as if they were established under
tliis Act.

76. The Acts described in Schedule Three to this Act are hereby re-
pealed to the extent in the third column of that Schedule mentioned.

Provided that this repeal shall not affect anything done or suffered
before the commencement of this Act, and all ofi'ences committed and
penalties incurred before the commencement of this Act may be punished
and recovered in the same manner as if this Act had not passed.



SCHEDULES.



SCHEDULE L

Table of maxivmm Fees to he jund in req^ed of Certificates of Managers

of Mines.

I'y an applicant for examination . . . Two pounds.
By a])plicant for certificate of service for regis-
tration Five sliillings.

For copy of certificate Five shillings.



COAL MINES REGULATION ACT. 437



SCHEDULE II.

Proceedings of Board of Examinations.

1. Tlie board sliall meet for the despatch of LusiueBS, and shall Iroiii
time to time make such regulations with respect to the summoning,
notice, place, management, and adjournment of such meetings, and
generally ■with respect to the transaction and management oi Ijusiness,
including the (j^uoruni at meetings of the hoard, as they think fit, subject
to the following conditions : —

(a.) The lirst meeting shall be summoned by the inspector of the

district, and shall be held on such day as may be iLxed by a

(Secretary of State ;
(b.) An extraordinary meeting may be held at any time on the

written requisition of thi'ee members of the board addressed

to the chairman ;
(c.) The quorum to be fixed by the board sliall consist of not less

than three members ;
(d.) Every ([uestion shall be decided by a majority of votes of the

members present and voting on tliat question ;
(c.) The names of the members present, as well as of those voting

upon each question, shall be recorded ;
(/.) No business shall be transacted unless notice in writing of such

business has been sent to every member of the board seven

days at least before the meeting.

2. The board shall from time to time appoint some person to be chair-
man, and one other person to be vice-chairman.

3. If at any meeting the chairman is not present at the time appointed
for holding the same, the vice-chairman shall l)e the chairman of the
meeting, and if neither the chairman nor vice-chairman shall be present,
then the members present shall choose some one of their number to be
chairman of such meeting.

4. In case of an equality of votes at any meeting, the chairman for the
time being of such meeting shall have a second or casting vote.

5. The appointment of an examiner may be made by a minute of the
board signed Ijy the chairman.

6. The board shall keep minutes of their proceedings, which may be
inspected or copied by a Secretary of State, or any person authorised liy
him to inspect or copy the same.



438



THE LAW OF MASTER AND SERVANT.



SCHEDULE III.



Date of Act.



5 & 6 Vict. c. 99



23 & 24 Vict. c. 151



25 & 26 Vict. c. 79



Title of Act.



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 46 of 77)