35 & 36 Vict. c. 76. Establishment of special rules. 53-56. [The owner, agent, or manager shall frame and transmit to the inspector, for approval by a Secretary of State, special Special Rules. rules for such mine within 3 months after the commencement of this Act or of any new working. The rules, with a printed notice that any objection may be sent by any person employed to the inspector, at his address, stated in such notice, shall, during 2 weeks before such rules are transmitted to the inspector, be posted up, and a certificate of such posting shall be sent to the inspector, with the rules, signed by the person sending the same.- 54. The Secretary of State may, within 40 days after the receipt by the inspector, object to, and propose any modifications in the rules; the owner, agent, or manager may within 20 days object, and the matter shall then be referred to arbitration (t); if otherwise, the rule shall be established.-55. Amendments or new rules may be proposed by the owner, agent, or manager, or by the Secretary of State, and shall be established as above.-56. If the owner, agent, or manager makes any false statement with respect to such posting, or if special rules for any mine are not transmitted within the time limited Publication of special rules. Defacing notices. Evidence of special rules. Penalty not exc. £20 (u).] 57. [An abstract of the Act, supplied on application by the inspector, and an entire copy of the special rules shall be posted, with the name and address of the inspector of the district, and the name of the owner or agent and of the manager appended thereto, in legible characters, in some conspicuous place at or near the mine, and renewed so often as they become defaced or destroyed: The owner, agent, or manager shall supply a printed copy of the abstract and the special rules gratis to each person employed who applies at the office: Every copy of the special rules shall be kept distinct from any rules which depend only on the contract between the employer and employed Penalty not exc. £20 on the owner, agent, and manager for non-compliance by any person, unless he proves that he has taken all reasonable means (u).] 58. Every person who pulls down, injures, or defaces any proposed special rules, notice, abstract, or special rules when posted up in pursuance of the provisions of this Act with respect to special rules, or any notice posted up in pursuance of the special rules [Penalty not exc. £2 (u).] 59. [An inspector shall, when required, certify a copy, shown to his satisfaction to be a true copy of any special rules 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 that they are duly established.] (t) See note (1), ante, p. 518. (u) Procedure.-See note (e), ante, p. 514. Mines (Metalliferous). 35 & 36 VICT. c. 77. [1-3. [Preliminary: "The Metalliferous Mines Regulation Act, 1872."] women and 4. No boy under the age of 12 years, and no girl or woman Employment of of any age, shall be employed in or allowed to be for the pur- children. pose of employment in any mine to which this Act applies (x) below ground [Penalty not exc. £2 (y).] male young persons. 5. A boy of the age of 12 years and under the age of 13 Employment of years, and a male young person of the age of 13 and under the age of 16 years shall not be employed in or allowed to be for the purpose of employment in any mine to which this Act applies (x) below ground for more than 54 hours in any one week, or more than 10 hours in any one day, or otherwise than in accordance with the regulations (that is, as in "MINES (COAL)," s. 7, ante) [Penalty not exc. £2 (y).] 6. [The owner or agent of every mine shall keep a register Register. of the name, age, residence, and date of first employment of all boys of 12 and under 13 years of age and of all male young persons of 13 and under 16 years of age employed 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 when required, and allow him to inspect and copy the same. The immediate employer of every boy or male young person of the ages aforesaid, before he causes him to be below ground, shall report to the owner or agent, or person appointed by such owner or agent, that he is about to employ him.] 7, 8. [The provisions of these sections are exactly similar to Engines. those in "MINES (COAL)," ss. 14, 15, ante, p. 515.] 9. No wages shall be paid to any person employed in or wages. about any mine to which this Act applies (x) 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 (x) That is, every mine other than a mine to which the Coal Mines Regulation Act, 1872, applies (s. 3; see "MINES (COAL)," ante, note (b), p. 513). Definitions of "mine," shaft," plan," "owner," and "agent," and liability of "joint owners" as in "MINES (COAL)," ante, note (i), p. 516. 66 39.66 (4) The penalty for offences against this Act is not exc. £2; or, if the offender is the owner, agent, or manager, not exc. £20:-for continuance, after written notice of an offence from the inspector, a further penalty not exc. £1 a day (s. 31). For wilful offences by an owner, agent, or manager calculated to cause personal injury to the employed or a dangerous accident, Imprisonment not exc. 3 months (s.32). Procedure is the same as in "MINES (COAL)," ante, note (e), p. 514. 35 & 36 Vict. other house of entertainment, or any office, garden, or place belonging or contiguous thereto, or occupied therewith c. 77. Returns. Notices. General Rules. Horse roads. Division of shaft. Inclination of ladders. Dressing room. [Penalty not exc. £2 (z).] 10. [A return is to be sent on or before 1st August, as in "MINES (COAL)," s. 38, ante, p. 519; but where not more than 12 persons are employed underground, the returns specifying the quantity of mineral sold or produced shall be made by the officer employed to collect the dues or royalty; where there is such an officer the owner or agent shall not be required to send any return of the persons employed.] 11-14. [Notice of accidents, abandonments, or openings; provisions for fencing as in "MINES (COAL)," Ss. 39-42, ante, p. 519.] 15-22. [Inspectors. Arbitration. Coroners.] 23. [General rules for mines to which this Act applies:- (3.) Man-holes, as above, c. 10. (4.) Every road on which persons travel underground, where the produce of the mine in transit exceeds 10 tons in 1 hour over any part, and where the load is drawn by a horse or animal, shall be provided, at intervals of not more than 100 yards, with sufficient spaces for refuge, of sufficient length, and at least 3 feet in width between the waggons on the tramroad and the side of the road; and the Secretary of State may require the inspector to certify whether the produce in transit ordinarily exceeds such weight. (5.) Man-holes and spaces to be kept clear, as above, c. 12. (6-8.) Securing shafts, as above, cc. 13-15. (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 shaft is used for raising the material, the first-mentioned portion shall be cased or otherwise securely fenced off from the last. (10.) Signalling, as above, c. 19. (11.) Covers overhead, as above, c. 20. (12-14.) Chains, ropes, breaks, as above, cc. 21-23. (15.) A ladder permanently used for ascent or descent shall not be fixed in a vertical or overhanging position, and shall be inclined at the most convenient angle which space allows, and shall have substantial platforms at intervals of not more than 20 yards. (16). If more than 12 persons are ordinarily employed below ground, accommodation shall be provided above ground near the (2) Procedure.-See note (y), ante, p. 525. MISDEMEANOR.-MUNICIPAL CORPORATION (MORTGAGES). 527 principal entrance, and not in the engine-house or boiler-house, 35 & 36 Vict. for them to dry and change their dresses. (17, 18.) Fencing machinery; gauger, as above, cc. 24, 25. (19.) Wilful damage, as above, c. 27 Penalty for non-compliance not exc. £2; and also on the owner, agent, and manager, unless they prove reasonable precautions, not exc. £20 (a).] c. 77. General Rules. [Establishment, amendment, and publication of special rules, Special rules. defacing notices, and evidence of special rules, as in "MINES (COAL)," ante, ss. 53-56, 57-59.] Misdemeanor. This is a species of crime or offence comprehending all breaches of public law less than Felony, as Perjury, Libels, Conspiracies, Assaults, &c., which are not so atrocious as Murder, Burglary, Arson, &c., which are Felonies. Misdemeanor, as used in 1 Will. & M. c. 21, s. 6, comprehends misconduct not amounting to a crime, and does not imply only an indictable offence (Wildes v. Russell, 12 Jur. N. S. 645). On an indictment for Misdemeanor the prisoner may be found guilty of the attempt (14 & 15 Vict. c. 100, s. 9). Bail and costs in Misdemeanors, see Introd. pp. 11, 18. Municipal Corporation (Mortgages). 23 VICT. c. 16. See also "ELECTIONS." of monies, as 7. If any person authorised to receive the monies to arise Misappropriation from the sale of any annuities or securities purchased or trans- stated in 20 & 21 ferred under this Act, or any dividends, or any other such money Vict. c. 54. as aforesaid, appropriate the same otherwise than as directed by this Act, or by the said Commissioners [of Her Majesty's Treasury] in pursuance thereof, he shall be guilty of a Misdemeanor (b). (a) Procedure-See note (y), ante, p. 525. (5) Triable at Assizes (20 & 21 Vict. c. 54, s. 16). Bail Discretionary. Costs allowed (Id. s. 15). Marks on stores. Obliteration of marks. Unlawfully arrest. Naval Stores. 32 & 33 VICT. c. 12. 1-3. [Preliminary; "The Naval Stores Act, 1869."] 4. The marks described in the schedule to this Act may be applied in or on stores therein described in order to denote Her Majesty's property in stores so marked; and it shall be lawful for the Admiralty, their contractors, officers, and workmen, to apply those marks, or any of them, in or on any such stores; and if any person without lawful authority (proof of which authority shall lie on the party accused) applies any of those marks in or on any such stores he shall be guilty of a Misdemeanor (c). 5. If any person with intent to conceal Her Majesty's property in any stores takes out, destroys, or obliterates, wholly or in part, any such mark as aforesaid, he shall be guilty of Felony (d). 6. [Any constable of the metropolitan police force may, within possessing stores, any of Her Majesty's dock, victualling, or steam factory yards, and their areas, for which he is sworn, stop, search, and detain any vessel, boat, or vehicle in which there is reason (e) to suspect any stores stolen or unlawfully obtained may be found, or any person reasonably suspected of having or conveying any such stores; any such person brought before two justices not giving an account to the satisfaction of the justices how he came by the same, shall be guilty of a Misdemeanor Sweeping near dockyards, &c. Penalty not exc. £5, or Imprisonment, with or without hard labour, not exc. 2 months (ƒ).] 7. It shall not be lawful for any person, without permission in writing from the Admiralty, or from some person authorized by the Admiralty in that behalf, (proof of which permission shall lie on the party accused,) to gather or search for stores, or to creep, sweep, or dredge in the sea or any tidal water, within 100 yards from any vessel belonging to Her Majesty or (c) Triable at Sessions. Bail Compulsory. No Costs. (d) Triable at Sessions. Bail Discretionary. Costs allowed. (e) The grounds of suspicion must be such as would lead any reasonable person, acting without prejudice or passion, to come to such conclusion (Allen v. Wright, 8 C. & P. 522; Leete v. Hart, 37 L. J. C. P. 157; L. R. 3 C. P. 322; 16 W. R. 676; 32 J. P. 407; 18 L. T. N. S. 292). (f) Procedure.-Within 6 months; 2 justices (s. 6). Penalties enforced by imprisonment, under Small Penalties Act, if not exc. £5 with costs (Introd. p. 32), or by imprisonment not exc. 4 months if not exc. £10,-or by imprisonment not exc. 6 months (s. 10; 24 & 25 Vict. c. 96, s. 107),—with or without hard labour: Payable under the orders of the Admiralty notwithstanding any other Act (s. 11). Aiders; Restitution; Arrest; Convictions. Appeal, as in 24 & 25 Vict. c. 96, ss. 98-100, 103, 107-113, 115–121, "LARCENY," ante. |