John Macdonell.

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

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An Act to prohibit the
t'liiployment of ■women
and gills in mines und
collieries, to regulate the
employment of boys,
and to make other pro-
visions relating to per-
sons working therein.

An Act for the regulation
and inspection of mines.



An Act to amend the law
relating to coal luines.



Extent of llepeal.



The whole Act so far as
it relates to mines to
which tliis Act ap-
plies.



Sections one to five, both
inclusive, so far as
they relate to mines
to which this Act ap-
plies, ami the residue
of the Act entirely.

The whole Act.





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440 THE LAW OF MASTKK A^JJ fcEIlVANT.



35 & 36 VICT. c. 77 (1872).
An Act to consolidate and amend the Laiv relathuj to Metalliftrovs Mines.

Whereas it is expedient to amend the law relatinj^ to the regulation
and inspection of mines other than mines to Avhich the Coal Mines
Regulation Act, 1872, applies :

Be it therefore enacted by the Queen's most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and
Commons, in this present Parliament assembled, and by the authority of
the same, as follows :

Preliminary.

1. This Act may be cited as " The Metalliferous Mines Eegulation
Act, 1872."

2. This Act shall not come into operation until the first day of January,
one thousand eight hundred and seventy-three, which date is in this Act
referred to as the commencement of this Act.

3. This Act shall apply to every mine (o) of Avhatever description
other than a mine to which the Coal Mines Regulation Act, 1872,
applies.

PART 1.
Employment of Women, Young Persons, and Children.

4. No boy under the age of twelve years (b), and no girl or woman of any
age, shall be employed in or allowed to be for the purpose of employment
in any mine to which this Act ajjplies Ijelow ground.

5. A boy of tlie age of twelve years and under the age of thirteen
years, and a male young person of the age of thirteen and under the age
of sixteen years shall not be emjiloyed in or allowed to be for the purpose
of employment in any mine to which this Act applies below ground for
more than fifty-four hovu's in any one week, or more than ten lioiu's in
any one day, or otherwise than in accordance with the regulations
following ; that is to say,

(1.) There shall be allowed an interval of not less than eight hours
between the jjcriod of employment on Friday and the period
of employment on the foHowiiig Saturday, and in other cases
of not less than twelve houis between each period of em-

(a) Seesec. 3 ofMincs ((Vwl) Kegii- (1875), 23 W. ]!. 730.
lation Act. A slate (luairy worked liy (b) Sec. 4 of tlie iliues (Coal) Act,

means of inRl(!if,'iountl workings and says (< /t.
levels, within the Act, *b'm v, Evans



METALLIFEROUS MINKS nE(;Ur.ATION ACT. 441

ploymeut ; pro\'i(lt'<l always, tliat in the casu of boys and
yuung male persons whose employment is at such distance
i'rom their oidinavy place of lesidence that they do not return
there during the intervals of labour, and who are not em-
phsyed during more than forty hours in any week, an inteiTal
of not less than eight hours shall be allowed between each
period of employment :

(2.) The period of each employment shall be deemed to begin at the
time of leaving the surface, and to end at the time of return-
ing to the surface :

(3.)f A week shall be deemed to begin at midnight on Saturday
night, and to end at midnight on the succeeding Saturday
night.

6. The owner (c) or agent of every mine to which this Act applies
shall keep in the office at the mine, or in the principal office of the mine
belonging to the same owner in the district in which the mine is situated,
a register, and shall cause to be entered in such register the name, age,
residence, and date of first employment of all boys of the age of twelve
and under the age of thirteen years, and of all male young persons of the
age of thirteen and under the age of sixteen years who are employed in
the mine below ground, and of all women, young persons, and children
employed above ground in connexion with a mine, and shall produce
such register to any inspector under this Act at the mine at all reason-
able times when reijuired by him, and allow him to inspect and copy the
same.

The immediate employer of every boy or male young person of the
ages aforesaid, other than the o\vner or agent of the mine, before he
causes such boy or male young person to be in any mine to which this
Act applies below ground, shall report to the owner or agent of such
mine, or some person appointed by such owner or agent, that he is about
to employ him in such mine.

7. Where there is a shaft (d), inclined plane, or level in any mine to
wliich this Act applies, whether for the piupose of an entrance to such
mine or of a communication from one part to another part of such mine,
and persons are taken up, down or along such shaft, plane, or level by
means of any engine, windlass, or gin, driven or worked by steam or any
mechanical power, or by an animal, or by manual labour, a person shall
not be allowed to have charge of such engine, windlass, or gin, or of any
part of the machinery, ropes, chains, or tackle connected therewith, unless
he is a male of at least eighteen years of age.

Where the engine, windlass, or gin is worked liy an animal, the person
under whose direction the driver of the animal acts shall, for the
purposes of this section, be deemed to be the person in charge of the

(c) Sees. 41. Owiut docs not, as elude a contractor,
in the Coal Mines Act (s. 72), iu- [d] See s. 41.



442 THE LAW OF MASTER AND SERVANT.

eugino, windlass, or gin, Init such driver sliall imt Le under twelve yeai-s
of iige.

8. If any person ct)ntravenes or fails to comply with any provision of
this Act with respect to the employment of women, girls, young persons,
or boys, or to the register of or report resiJecting boys and male young
persons, or to the employment of persons about any engine, windlass, or
gin, he shall be guilty of an ofl'ence against this Act ; and in case of any
such contravention or non-compliance hy any person whomsoever in the
case of any mine, the owner and agent of such mine sliall each be guilty
of an olfence against this Act, unless he proves that he had taken all
reasonable means by publishing and to the best of his power enforcing
the provisions of this Act to prevent such contravention or non-
comjjliance.

If it appear that a boy or young person (e) or a person emjjloyed about
an engine, windlass, or gin, was employed on the representation of his
parent or guardian that he was of that age at which his employment
would not be in contravention of this Act, and under the belief in good
faith that he was of that age, the owner or agent of the mine and the
immediate employer shall be exempted from any penalty, and the parent
or guardian shall, for such misrepresentation, be deemed guilty of an
offence against this Act.

JFages.

9. No wages shall be paid to any peisou emplcjyed in or about any
mine to which this Act applies at or within any public house, beer shop,
or place for the sale of any spirits, wine, beer, cyder, or other spirituous
or fermented liquor, or other house of entertainment, or any olhce,
garden, or place belonging or contiguous thereto, or occupied therewith.

Every person who contravenes or fails to comply with, or permits any
person to contravene or fail to comply with, this section shall be guilty
of an olfence against this Act, and in the event of any such contravention
or non-compliance in the case of any mine by any person whomsoever the
o^vner and agent (/) of such mine shall each be guilty of an olfence
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 o{
this section to prevent such contravention or non-compliance.

lieturiis, Notices, and Abandonment.

10. [Repealed by 38 & 39 Vict. c. 39, s. l.J

11. Where in or about any mine to which this Act applies, wlietlior
above or below ground, either —

(c) In 3. 15 of Mines (C(i;il) llcgu- (/) In s. IC of Mines (Coal) Kogu-

lation Act, "cliild, 1jo\, or young latiun Act, "owner, agent, and
person." manager."



METALLIFEROUS MINES REGULATION ACT. 443

(1.) loiss of life or any personal injury to any person employed in or
about the mine occurs by reason of any explosion of gas,
powder, or of any steam boiler ; or
(2.) loss of life or any serious personal injury to any person em-
])loyed in or about the mine occurs by reason of any accident
■whatevi'r,
the owner or a;j;ent of tlie miiu' ssliull, within twenty-fuur hours next
after the explosion or accident, send notice in writing of the explosion
or accident and of tlie loss of life or personal injury occasioned thereby
to the inspector of the district on behalf of a Secretary of State, and shall
specify in such notice the character of the explosion or accident, and the
numl)er of persons killed and injured respectively.

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

Every owner or agent who fails to act in compliance with this section
shall be guilty of an offence against this Act.

12. In any of the following cases, namely,

(1.) Where any working is commenced for the purpose of opening a

new shaft for any mine to which tliis Act applies ;
(2.) Where a shaft of any mine to which tliis Act applies is

abandoned or the working thereof discontinued ;
(3.) Where the working of a shaft of any mine to which this Act
applies 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 or agent of, a mine to Avhich this Act applies, or in
the officers of any incorporated company which is the owner
of a mine to which this Act applies ;
the owner or agent of such mine shall give notice thereof to the inspector
of the district within two months after such commencement, abandon-
ment, discontinuance, recommencement, or change, and if sucli notice is
not given, the owner or agent sliall be guilty of an offence against this Act.
Proviiled that —

(1.) This section shall apply only to any working or mine in which
more than twelve persons are ordinarily employed below
ground ; and
(2.) In the case of a partnership working a mine within the
stannaries of Devon and Cornwall, if notice of every change
in the purser of the partnership is sent as required by this
section, notice of a change in the members of such partner-
ship need not be sent in pursuance of this section.

13. Where any mine to which this Act applies is abandoned or the
working thereof discontinued, at whatever time such abandonment or



444 THE LAW OF MASTER AND SERVANT.

discontinuance occuiTod, the owner thereof, and every other person
interested in the miiu'rals of the mine, shall cause the top of the shaft
and any side I'ntrance from the surface to be and to he kept secmely
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 i)erson intere.-<ted in the
minerals of the mine (g), be 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 carryin,^ this section
into effect :
(2.) Where such abandonment or discontinuance has occuiTed in the
case of a mine before the passing of this Act, this section
shall apply only to such shaft or side entrance of the mine as
is situate Avithin fifty yards of any highway, road, footpath,
or place of public resort, or in open or unenclosed land, or
not being situate as aforesaid, is requireel by an inspector in
Avriting to be fenced, on the ground that it is sjjecially
dangerous :
(3.) Nothing in tliis section shall exempt any person 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 within fifty yards of any highway, road, footpath, or
place of public resort, or is in open or unenclosed land, or is recpiired by
an inspector as aforesaid to be fenced, shall be deemed to be a nuisance
Avitlun the meaning of section eight of the Nuisances Rfmoval Act for
England, 1855, as amended and extended liy the Sanitary Act, 186G (h).
14. "Where any mine to Avhich this Act applies in Avhich more than
tAvelve persons have ordinarily been employed beloAV ground is
abandoned, the OAvner of such mine at the time of the abandonment
shall, within tliree 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 scale as the )dan last used in the mine is
constructed on, shoAving the boundaries oi the Avorkings of such mine up
to tlie time of the abandonment, Avith tlie view of its being preserved
under the care of the Secretary of State; but no person other than an
inspector shall be at liberty to inspect or to copy such plan Avithiu ten

{(j) Evans v. Mostyit (IS77), L. K. royalties; the lessees ceased working

2 C. P. D. 547 ; 47 L. J. M. 0. 25. the mine, and allowed it to remain

Respondents, owners in fee of mines insufiiciently fenced : hdd that,

and minerals, denused lead mines for though the lease was still iu opera-

u term of years, subject to lent or tion, the resiJondcnts were liable,
royalties ; lessors had a lien upon ^//) See note (q) to Coal ilines

the minerals raised for such rent or licj^ulation Act.



METALLIFEROUS MINES REGULATION ACT. 445

years of its receipt by the Secretary of Statt' witliout tin- lir.eiise of sucli
Secretary of State.

Every person who fails to CDiiiiily witli this section shall bo ^niilty of
an offence ai,'ainst this Act.

Ins2)ection.

15. A Secretary of State may from time to time appoint any fit
persons to be inspectors of mines to which this Act a^jplies, and assign
them their duties, and may award them such salaries as the Commis-
sioners of Her Majesty's Treasury may approve, and may remove such
inspectors.

Notice of the appointment of every such inspi'ctor shall be published
in the London Gazette.

Any such ins]ieetor is referred to in this Act as an inspector, and the
inspector of a district means the inspector who is for the time being
assigned to the district or portion of the United Kini:^dom with reference
to which the term is used.

Any person appointed or acting as inspector under Tlie Coal Mines
Regulation Act, 1872, if directed by a Secretary of State to act as an
inspector under this Act may so act and shall be deemed to be an
inspector under this Act.

16. 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
differences arising between o"ftniers, 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.

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

(1.) To make such examination and inquiry as may be necessary to
ascertain whether the pro^^sions of this Act relating to
matters above ground or lielow 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 by
day and night, but so as not to impede or obstruct the
working of the said name :

(3.) To examine into and make inr^uiry respecting the state and
condition of any mine to which this Act apjilies, or anj' part
thereof, and the ventilation of the mine, and the sufficiency
of the special rules (if any) for the time being in force in the
mine, and all matters and things connected with or relating
to the safety of the persons employed in or about the mine
or any mine contiguous thereto :

(4.) To exercise such other powers as may be necessarj^for carrying
this Act into effect.



446 THE LAW OF MASTER AND SERVANT.

Every person who wilfully obstructs any inspector in the execution of
his duty under this Act, and every owner and agent of a mine who
refuses or ne,i,dects to furnish to the inspector the means necessary for
making any entry, inspection, examination, or inquiry under this Act in
relation to such mine, shall be guilty of an offence against this Act.

18. If in any respect (which is not provided against by any express
provision of this Act, or by any special rule) any inspector find any
mine to which this Act applies, or any part thereof, or any matter,
thing, or practice in or connected with any such mine, to l^e dangerous
or defective, so as in his opinion to threaten or tend to the l)odily injury
of any person, such inspector may give notice in writing thereof to the
owner or agent of the mine, and shall state in such notice the particulars
in which he considers sucli mine, or any part theieof, or any matter,
thing, or practice, to be dangerous or defective, and requii'C the same to
be remedied ; and unless the same be forthwith remedied the inspector
shall also report the same to a Secretary of State.

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

If the owner or agent fail to comply either with the requisition of
the notice, where no objection is sent within the time aforesaid, or -wath
the award made on arbitration, -within twenty days after the expiration
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 tliis Act, and the
notice and award shall respectively be (hn'med to be written notice of
such offence.

Provided 'that the court, if satisfied that the owner or agent has
taken active measures for complying witli the notice or award, but lias
not with reasonable diligence, been able to rdmiih-ti' thi' works, may
adjourn any proceedings taken before them for jnniishiiig sucli offence,
and if the works are completed Avithin a reasonable time, no penalty
shall I'C inflicted.

No person shall be iirccludnl by any agreement fmin dniiig such acts
as may be necessary to comply with the provisions of this section, or be
liable under any contract to any penalty or forfeiture for doing
such acts.

19. The owner or agent of every mine to which this Act applies shall
keep in the office at the mine, or in the principal office of the mines be-
lon-'in" to the same owner in the district in which the mine is situated,
an accurate plan of the workings of such mine, showing the workings
up to at least six months previously, other than workings which were
last discontinued at a date more than twelve months before the com-
meiicrnient of this Act.



METALLIFEROTTS MINES REGULATION ACT. 44t7

The owner or agent of the mine sliall produce to an inspector umlei'
this Act, at one of the aforesaid offices, such pLui, and shall, if ref|U<;stcd
by the inspector, mark on such plan the progress of the workings of the
mine up to the time of such production, and shall allow the inspector to
examine the same.

If the owner or agent of any mine fails to keep such plan as is
prescribed by this section, or wilfully refuses to produce or allow to be
examined such plan, f)r wilfully withholds any portion of any plan, or
conceals any part of the workings of his mine, or produces an imperfect
or inaccurate ]ilan, unless lie shows that he was ignorant of such con-
cealment, imperfection, or inaccuracy, ho shall be 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), refj^uire
the owner or agent to cause an accurate plan, such as is prescribed by
this section, to be made within a reasonable time, at tiie 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 ])lan used in tlie mine is con-
structed on.

If the owner or agent fail within twenty days, or such further time
as may be shown to be necessary, after the requisition of the inspectoi',
to make or cause to be made such plan, he sliall be guilty of an offence
against this Act.

Provided that this section shall apply oulj' to a mine to wliich this
Act applies, and in which more than twelve persons are ordinarily
employed below ground (/).

20. Every inspector under this Act shall make an annual report of
his proceedings during the preceding year to a Secretary of State, which
report shall be laid before Ixith 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 which this Act
ajiplies, 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 exjiedient.

Arbitration.

21. With respect to arlntrations under tliis Act, the following pro-
visions shall have effect :

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

(2.) Each of the parties to the arbitral ion may, within twenty-one
days after the date of the reference, ap})oint an arbitrator :

(z) Note difference from s. 47 of ]\[ines (Coal) Regulation Act.



448 THE LAW OF MASTER AND SERVANT.

(3.) No per.-jon shall act as arbitrator or umpire im<Ior this Act who
is employed in, or in the management of, or is interested in
the mine to which the arljitration relates :

(4.) The appointment of an arbitrator under this section shall be in
writing, and notice of the appointment shall be forthwith
sent to the other party to the arbitration, and shall not be
revoked without the consent of such other party :

(5.) The death, removal, or other change in any of the parties to
the arbitration shall not affect the proceedings under this
section :

(6.) If within the said twenty-one days either of the parties fail to
apjwint an arbitrator, the arbitrator appointed by the other
party may proceed to hear and determine the matter in
difference, and in such case the award of the single arbitrator
shall be final :

(7.) If before an award has been made any arbitrator appointed by
either party die or become incapable to act, or for fourteen
days refuse or neglect to act, the party by whom such arbi-



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 47 of 77)