John Macdonell.

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

. (page 48 of 77)
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trator was 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 purpose,
the remaining arbitrator may proceed to hear and determine
the matters in difference, and in such case the award of such
single arbitrator shall be final :

(8.) In either of the foregoing cases where an arbitrator is em-
powered to act singly, upon one of the parties failing to
appoint, the party so failing may, before the single arbi-
trator has actually proceeded in the arbitration, ajjpoint an
arbitrator, who shall then act as if no failure had been
made :

(9.) If the arl)itrators fail to make their award within twent3' - one
days after the day on which the last of them was appointed,
or within such extended time (if any) as may have been
appointed for that purpose by both arbitrators under thei
hands, the matter in difterence sliall be determined by the
umpire appointed as hereinafter mentioned :
(10.) The arliitrators, before they enter upon the matters referred to
them, shall a])point by writing under their hands an umpire
to decide on points on which they may difl'er :
(11.) If the umpire die or become incapable to act before he has
made his award, or refuses to make h.is award within a rea-
sonable time after the matter has been brought within his
cognizance, the persons or person who appointed such umpire
shall forthwith appoint another umpire in his place :
(12.) If the arbitrators fail or refuse or for seven days after the
request of either party neglect to appoint an umi^ire, then on



METALLU'EKOUR MFNKS REGULATION ACT. -140

tlie iip])lii-;itioii of citlicr ])arty iiu umjjiru sliall he iippoiiitccl
by tile cliaiiiiiau of tlio ^'oiRTal or ([uartor sessions of tlie
peace Avithin tlu- juiisdictioTi of which the mine is situate :

(13.) The decision of every umpire on tlie matters referred to iiim
shall be final :

(14.) If ci single arbitrator fail to make his award within twenty-
one days after the day on which he was appointed, the party
wlio appointed him may appoint another arbitrator to art in
his i)lace :

(15.) The arbitrators and tlieir unijiire, or any of them, may examine
the parties and their witnesses on oath, they may also consult
any counsel, eii,L,dneer, or scientific jjersou whom they ma\'
think it exjiedient to consult :

(16.) The payment, if any, to be made to any arbitrator or umj)ire
for Ills services shall be fixed by the Secretary of State, and
together with the costs of the arbiti-atiou and award shall be
paid by the parties or one of them according as the award
may direct. Such costs may be taxed by a master of one ot
the superior courts, who, on the written ajjplication of eitlier
of the parties, shall asct-rtain and certify the pro])er amount
of such costs. The amount, if any, ]iayable by the Secretary
of State shall be paid as ])art of the expenses of inspectors
under this Act. The amount, if any, payalile by the owner
or ai^ent may in the event of nonpayment be recoveretL iti
the same manner as penalties under this Act :

(17.) Every person wlio is appointed an arbitrator or umpire under
this section shall be a practical mining engineer, or a jierson
accustomed to the working of mines, but when an award has
been made under this section the arbitrator or um])iie who
made the same shall be deemed to have been duly ([iialilied
as provided by this section.

Coroners.

22. "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 jirovisions shall have effect :

(1.) Where a coroner holds an incj^uest U])on a body of any person
whose death may have been caused by any exphjsion or acci-
dent, of which notice is required by this Act to be giveii to
the inspector of the district, the coroner shall adjourn such
inquest unless an inspector, or some person on behalf of a
Secretary of State, is present to watch tlie proceedings :
(2.) The coroner, at least four days before holding the adjourned
inquest, shall send to the insjiector of the district notice in
writing of the time and jilace of holding the adjourned
inquest :



450 Till'; LAW OF JIASTKR AND SEIIVANT.

(3.) The coroner, hefore the ailjourniucnt, may take evidi-uco to
iileiitify the body, and may order tlie intennent thereof:

(4.) If an exjilosion or acci(U'nt has not occasioned the death of
mole than one person, and the coroner lias sent to the in-
spector of the district notice (if the time and jdace of holding
the inquest not less than forty-eight hours l)efore the time of
holding the same, it shall n( it he imperative on him to adjourn
such inquest in pursuance of this section, if the majority of
the jury think it unnecessary so to adjourn :

(.').) An inspector shall he at liberty at any such in<|uest to examine .
any witness, subject nevertheless to the order of the coroner :

((i.) Where evidence is given at an incpiest at which an inspector is
]iot present of any neglect as having caused or contriliuted
to the explosion or accident, or of any defect in or about the
mine appearing to the coroner or jury to require a remedy,
the coroner shall send to the inspector of the district notice
in writing of such neglect or default :

(7.) Any persf)n having a personal interest in or einj)loyed in or in
the management of the mine in whicli the explosion or acci-
dent occurred shall not be qualified to serve on the jury
empannelled on the inquest ; and it shall be the duty of the
constable or other officer not to summon any persun dis-
(pialified 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 peraon who fails to comply with the provisions of this section
shall be guilty of an oft'ence against this Act.



PART II.
Rules.

Gcncnd Hulea.

23. The following general rules shall, so far as may be reasonably
jmicticable, be observed in every mine to which this Act applies:

(1.) An ade(iuate amount of ventilation shall be constantly produced
in every mine to such an extent that the shafts, winzes, sumps, levels,
underground stables, and Avorking ])laces of such mine, and the travelling
roads to and from such working jdaces, shall be in a fit state for working
and jiassing therein.

(2.) Ouni)owder or other explosive or inflammable substance shall
only be used umlerground in the mine as follows :
(«.) It shall not be stored in the mine :



MKTALLIKKliOUS I\IIN'KS KKGlTLATlON ACT. 451

{b.) It shall iKit 1)0 takfii into tlic iiiiiu', except in a ease or canister

containing not niont than lour pounds :
(c.) A -workman shall not have in nse atone time in anyone place

more than one of such cases or canisters :
((?.) In charginLi, holes for blasting, except in mines excepted from the
operation of this section by the Secretary of State, an iron or
steel pricker shall not be used, nnd a person shall not have
in his i)ossession in the mine underground any iron or steel
pricker, and an iron or steel tamping rod or stemmer shall
not be used for ramming either the wadding or the first part
of the tamping or stemming on the powder :
(e.) A charge of powder which has missed lire sliull not be un-
ramnied :
(3.) Every luidergmund plane on which jiersons 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 signalling
between the stopping places and the ends of the plane, and shall be
l^rovided in every case, at intervals of not more than twenty yards, \vith
sufficient man-holes for places of refuge.

(4.) Every road on which persons travel underground, where the
produce of the mine in transit exceeds ten tons in any one hour over
any part thereof, and where the load is drawn by a horse or other
animal, shall be provided, at intervals of not more than one hundred
yards, with sutficient spaces for places of refuge, each of which spaces
shall be of sutficient length, and of at least three feet in width between
the waggons running on the tramroad and the side of the road ; and the
Secretary of State may, if he see fit, require the inspector to certify
whether the produce of the mine in transit on the road aforesaid does or
does not ordinarily exceed the weight as aforesaid.

(5.) Every man-hcjle and space for a place of refuge shall be constantly
kept clear, and no person shall place anything in a man-hole or such
space so as to prevent access thereto.

(6.) The top of every shaft which was opened before the commence-
ment of the actual working ior the time being of the mine, and has not
been used during such actual working, shall, if so required in writing
by the inspector of the district, be securely fenced, and the top of every
other shaft which for the time being is out of use, or used only as an air
shaft, shall be securely fenced.

(7.) The top and all entrances between the top and bottom of every
working or pumping shaft shall be properly fenced, but this shall not
be taken to forbid the tempoi'ary removal of the fence for the purpose of
repairs or other operations, if proper precautions are used.

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

(9.) Where one portion of a shaft is used for the ascent and descent
of persons by ladders or a man-engine, and another portion of the same

G G 2



4.V2 THE LAW OF MASTER AND SERVANT.

shaft is usL'il for liiising tlie material gotten in the mine, the first-men-
tionc'l portion shall be Ciised or otherwise securely fenced off from the
last-mentioned portion.

(10.) Evltv working shai't in which persons are raised shall, if
exceeding titty yards in depth, and not exom])ted in writing by the
inspector of the district, he provided with guides and some proper
means of comniunicating distinct and defiiute signals from the bottom
of the shaft and from every entrance for the time being in work l)etween
the surface and the bottom of the shaft to the surface, 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.

(11.) A sufficient cover overhead shall be used when lowering or
raising persons in every working shaft, except where it is worked by a
windlass, or where the ]ierson is employed about the pump or some
work of repair in the shaft, or where a written exemption is given by
the inspector of the district.

(12.) A single linked chain sliall not be used for lowering or raising
persons in any working shaft or plane except for the .short couplijig
chain attached to the cage or load.

(13.) There shall be on the drum of every machine used for lowering
or raising persons such flanges or horns, and also, if the drum is conical,
such other appliances, as may be sufficient to prevent the rope from
.slipping.

(14.) There shall be attached to every machine worked bj- steam,
watei', or mechanical ])ower, and used fir lowei'ing oi' raising persons,
aTi adecpuite break, and also a proper indicator (in addition to any mark
on the rope) which shows to the person who works the machine the
position of the cage or load in the shaft.

(15.) A ladder ])ermanently used for the ascent or descent of persons
in the mine .shall not be fixed in a vertical or overhanging position, and
f-hall be inclined at the most convenient angle which the space in which
the ladder is fixed allows, and every such ladder .shall have substantial
jdatforms at intervals of not more than twenty yards.

(16.) If more than twelve persons are ordinarily employed in the
mine below ground, suflicient accommodation shall be provided above
ground near the principal entrance of the mine, and not in the engine-
house or boiler-house, for enabling the persons emjjloyed in the mine to
conveniently dry and change their dresses.

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

(18.) Every steam boiler shall be jirovided with a proper steam gauge
and water gauge, to show respectively the pressure of stcim and the
height of water in the boiler, and with a jyroper safety valve.

(19.) No person shall wilfully damage, or without proper authority
remove or render useless, any fencing, casing, lining, guide, means of



:mi;tallii'ki!Ous mini'^s kk(ii:lati()N' act. 'io3

signalling, signal, cover, cliain, llangc, Imni, l>rcalj, iiKlicatnr, ludder,
])latlV)rm, steam gauge, Avater gauge, safety valve, or oilier aii])liaiice or
tiling jirovided in any mine in compliance with this Act.

Every person wlio contravenes or does not com])ly with any of the
general rules in this section shall be guilty of an offence against this Act,
and in the event of any contravention of or non-compliance with any of
the said general rules in the case of any mine to whicli this Act applies,
hy any person whomsoever, heing proved, the owner and agent of sucli
mine shall each be guilty of an offence against this Act, unless he proves
that he had taken all reasonable means by i)ublishing and to the best of
his power enforcing the said rules as regulations for the working of the
mine to prevent such contravention or non-ccnnpliance.

Special Iiide.'i.

24. The owner or agent of any mine to which this Act applies may,
if he think fit, transmit to the inspector of the district, for approval by
a Secretary of State, rules (referred to in this Act as special rules) for
the conduct and guidance of the persons acting in the management of
such mine, f)r employed in or about the same, so as to prevent dangerous
accidents, and to provide for the safety and proper discipline of the
l)ersons employed in or about the mine, and such special rules, when
established, shall be signed liy the inspector who is inspector of the
district at the time such rules are established, and shall be observed in
and about every such mine in tlie same manner as if they were enacted
in this Act.

If any person who is bound tn obser\e the special rules established
for any mine acts in contiavention of or fails to comply with any of
such special rules, he shall be guilty of an offence against this Act, and
also the owner and agent of such mine shall each be guilty of an offence
against this Act, unless he proves that he had taken all reasonalde
means by publishing and to the best of his power enforcing the said
rules as regulations for the working of the mine to prevent such contra-
vention or non-compliance.

25. The proposed special rules, together with a printed notice speci-
fying 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 as is provided in this Act respecting the publication of special
rules for the information of ]K'rsons employed in the mine, and a certi-
ficate that such rules and notice have been so posted up shall be sent to
the inspector with the rules signed by the person sending the same.

If the rules are not objected to by the Secretary of State within forly
days after their receipt by the inspector they shall be established.

If the owner or agent makes any false statement with respect to tlie



454 TIJK LAW OF MASJHIl AND SKin'ANT.

posting up of the rules and notices he shall lie guilty of an offence
against this Act.

26. If the Secretary of State is of opinion that the proposed special
rules so transmitted, or any of them, do not sutticiently jirovide for the
])revention of dangerous accidents in the mine, or for the safety of tlie
persons employed in or about the mine, or are unreasonable, he may,
within forty days after the rules are received by the ins])ector, object to
the rules, aiul propose to the owner or agent in writing any modifica-
tions in the rules by way either of omission, alteration, substitution, or
addition.

If the owner or agent do not, within twenty days after the modifica-
tions proposed by the Secretary of State are received by him, object in
writing to them, the proposed special rules, with such modifications,
shall be established.

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

27. After .=;pecial rules are established under this Act in any mine,
the owner or agent of such mine may from time to time jiropose in
writing to the inspector of the district for the apjiroval of a Secretary of
State any amendment of such lules or any new special rules, and the
piovisions of this Act with respect to the original special rules shall
apply to all such amendments and new rules in like manner, as near r.s
may be, as they ajiply to the original rules.

A Secretary of State may Irom time to time propose in writing to tlie
o^vner or agent of a mine in which there are no sjiecial rules, any sjjecial
rules, and to the owner or agent of a mine in which there are special
rules, any new special rules, or any amendment to such special rules,
and the provisions of this Act with respect to a jiroposal of the Secretary
of State for modifying the special rules transmitted by the owner or
agent of a mine shall . apply ^to all such projiosed special ruU's, new
special rules, and amendments in like manner, as near as may be, as they
apply to such projiosal.

28. For the purpose of making known the special rules (if any) and
the provisions of this Act to all persons employed in and about each
mine to which this Act applies, an abstract of the Act su})plied, on the
application of the owner or agent ot the mine, by the insjiector of the
district on behalf of a Secretary of State, and an entire cojty of tlie
special rules (if any) .shall be jtublished as follows :

(1.) The owner or agent of such mine shall cause such abstract anil
rules (if any), with the name and address of the insjiector of
the district, and the name of the owner or agent apjiended
thereto, to be posted uj) in legible characters, in some con-
spicuous place at or near the mine, where they may be con-



METALLIFKIIOUS MINKS IlK(iULAT[ON ACT. 455

veiiiently read by the pi-rson employed ; and so often as tlii^
same become defaced, obliterated, or destroyed, shall cause
them to be renewed with all reiisonable despatch :
(2.) The owner or agent shall supply a printed copy of the abstract
and the special rules (if any) gratis to each person employed
in (ir about the mine who applies for such copy at the ottice
at which the persons imnu'diately employed by such owner
or agent ai'e paid :
(3.) Every copy of the special rales shall be kept distinct from any
rules which depend only on the contract between th(;
employer and employed.
If any owner or agent fail to act in eompiianie witli this seitiou he
shall be guilty of an offence against this Act, but the owner shall not be
deemed "-uilty if lie prove that he has tai-ceu all reasonable means,
by enforcing the observance of this sectit)n, to prevent such non-
compliance.

29. Every person who pulls dowm, injures, or defaces any proposed
special rules, notice, abstract, or special rules Avhen posted up in pur-
suance of the provisions of this Act with resi)ect to special rules, or
any notice posted up in pursuance of the special rules, shall be guilty of
an offence against this Act.

30. An inspector under this Act shall, when rec^uired, certify a copy
which is shown to his satisfaction to be a true copy of any special rules
which for the tinui 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.

S U P P L E 11 E N T A L .
Penalties.

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

Every person who is guilty of an offence against this Act shall be
liable to a penalty not exceeding, if he is an owner or agent, twenty
pounds, and if he is any other person two pounds, for each offence ; and
if an inspector has given written notice of any such offence, to a further
penalty not exceeding one pound for every day after such notice that such
offence continues to be committed.

32. Where a person who is an owner or agent or a person employed
in or about a mine is guilty of any offence against this Act which, in the



456 THE LAW OF MASTER AND SEUVAKT.

opinion of the court that tries tlio case, is one which was reasonably
calcuhited to endanger tlie safety of tlie persons employed in or about
tlie mine, or to cause serious personal injury to any of such persons, or tc
cause a dangerous accident, and was coniniitted wilfully by the personal
act, ])ersonal default, or personal negligence of tlu' pt-rson accused, such
person shall be liable, if the court is of ojiiuion that a pecuniary penalty
will not meet the circumstances of the case, to imprisonment, with or
without hard labour, for a period not exceeding three months.

If any person feel aggrieved by any conviction made by a court of sum-
mary jurisdiction on deterniining any infoi'mation under this Act, by
Avhich conviction imprisonment is adjudged in puisuance of this section,
or 1)V which conviction the sum adjudgeil to be ])aid amounts to or
exceeds half the maxinnxm penalty, the person so aggiieved iUaj'' appeal
therefrom, suliject 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 appeal has arisen, holden not less than twenty-one days
after the decision of the court from which the ajijieal is
made :
(2.) The appellant shall, within se^•en days after the cause of appeal
has arisen, giA'e notice to the other party and to the court of
summary jurisdiction of his intentinn to aii|ieal, and of the
ground thereof :
(3.) The appellant shall, immediately aftt-r such notice, enter into a
recognizance before a justice of the peact', with two sutticieiit
sureties, conditioned personally to try such appeal, and tn
abide the judgment of the court thereon, and to pay such
costs as may lu- awarded l)y the lourt, or give such other
security by dcpnsit (if nmney or otherwise as the justice ma>'
allow :
(4.) The justice may, if he think tit, on the appellant entering into
siu'h recognizance or giving such other security as aforesaid,
release him from custody :
(5.) The court nf appeal may adjourn the ap[)eal, and upon the
hearing thereof they may ct)nfirm, reverse or modify the
decision of the court of summary jurisdiction, or remit the
matter to the court of summary jurisdiction with the opinion
of the couit of appeal thereon, oi' make such other ordei' in
the mattei' as the court thinks just. The court of a])i>eal
may also maki' such ordei' as to costs to be paid by either
party as the court thinks just :
Provided that in Scotland-

(1.) This section shall not ap]dy to any conviction made by a

sheriff :
(2.) The term "enteiing into a recognizance before a justice of the
peace" sliail mean finding caution with the clerk of the



MHTALLIFEROIIS MINKS UKGIIK.VTION ACT. 457

justices of tlu' pciict' to the satisfaction of a jiistici; of tlic
peace, and tlie ti^i'iii " recoL^iiizaiue " shall moan a bond of
caution :
(3.) It shall l)e conipeteut to any person empowered to appeal by
this section, to a])peal against a conviction by a slieriff to the
next circuit court, or where tliere ai-e no circuit courts to the
lii<fh court of justiciary at Edinburgh, in the manner pre-
scribed by such of the provisions of the Act of the twentieth
year of the reign of King George the Second, chajiter forty-
three, and any Acts amending the same, as relate to appeals
in matters criminal, and by and under the rules, limitations,
conditions, and restrictions contained in tlie said j)rovisions.

33. All OiTences and jienalties under this Act, and all money aiul



Online LibraryJohn MacdonellThe law of master and servant. Part I.--Common law. Part II.-- Statute law → online text (page 48 of 77)