Sec. 4. Sec. 4. Sec. 5. Sec. 5 (1). Sec. 5 (3). Sec. 5 (2). Sec. 6. Sec. 7. Sec. 7. 6 attended with loss of life or personal injury. Such special report Restrictions as to Employment under Ground. 8. Women and girls of any age may not be employed at all. 10. Boys of 12 and under 13, and male young persons of 13 (a.) between Friday and Saturday; (b.) between any two consecutive periods of employment in the 11. A week begins at 12 P.M. Saturday, and ends at 12 P.M. the 12. A period of a person's employment begins at the time of his leaving the surface, and ends at the time of his returning to the surface. 13. The immediate employer of any boy of 12 and under 13, and of any male young person of 13 and under 16, is not to take him below ground until he has reported his intention so to do to the owner or agent, or to some person appointed by the owner or agent. Who may be employed about an Engine. 14. The person who is in charge of any engine, windlass, or gin, howsoever worked, which is used for the purpose of taking persons up or down or along any shaft, inclined plane, or level (being either an entrance to a mine or a communication from one part of a mine to another), or who is in charge of any part of the tackle of such engine, windlass, or gin, must be a male of at least 18 years of age. If the engine, windlass, or gin is worked by an animal, then not the driver but the person under whose directions the driver acts is to be deemed the person in charge; but in that case the driver must not be under 12 years of age. 7 Penalty for Misrepresentation of Age. 15. Any parent or guardian misrepresenting the age of any Sec. 8. person with a view to procuring him employment in contravention of the Act will be liable to punishment. Wages. 16. Not to be paid in public-house, &c.-Wages are not to be Sec. 9. paid on any premises used for the sale of intoxicating liquor, or in any place contiguous to such premises. Fencing abandoned Mines. 17. Rule.-Subject to the exception presently mentioned, where Sec. 13. any mine is abandoned, or the working thereof discontinued (at whatever time such abandonment or discontinuance occurred), the top of the shaft and any side entrance from the surface must be kept securely fenced by the owner of the mine or the persons interested in the minerals thereof. Exception.-This rule does not apply in the case of a mine abandoned or discontinued before 10th August 1872, except to a shaft or side entrance situated within 50 yards of a highway, road, footpath, or place of public resort, or in open or uninclosed land, or except to a shaft or side entrance which is specially required by the inspector of mines for the district to be fenced. General Rules. 18. The Act prescribes General Rules (set forth at length here- Sec. 23. under, paragraph 44) which are to be observed, so far as is reasonably practicable, in every mine. Special Rules. 19. In addition to the General Rules, but not at variance with Sec. 24. them, each mine may have its own set of Special Rules, framed to meet the special circumstances of the mine. 20. Object.-The object of special rules is 1. To prevent dangerous accidents. 2. To provide for the proper discipline of those employed in Sec. 24. 21. Force.-Special rules have the same force as if they were Sec. 24. contained in the Act. 22. How made.-Special rules are prepared in the first instance Sec. 25. on behalf of the owner, and are, together with a notice, to be posted a 4 Sec. 25. Sec. 24. Sec. 27. Sec. 28. Sec. 29. Sec. 18. 8 up during a fortnight on the premises; such notice to be printed and to be to the effect that at the end of the fortnight the rules will be submitted to the inspector of mines for the district, and that in the meantime any person employed in the mine is entitled to forward any objection to the inspector at his address, as stated in the notice. On the expiration of the fortnight the rules are to be signed by the owner or agent, and transmitted to the inspector, together with a certificate that the rules and the notice have been posted up as aforesaid. 23. A Secretary of State may, within 40 days, object to the special rules if they are insufficient or unreasonable, and require them to be modified. These requisitions must be complied with, or else referred to arbitration. 24. After 40 days special rules, if not objected to, become established, and are to be signed by the inspector of the district. 25. Amendment.-At any time special rules may be amended in like manner at the instance of the owner or agent. Also, the Secretary of State may at any time propose special rules where none exist, or amendments to existing special rules, and such proposals must be complied with, or referred to arbitration. 26. Publication.-A copy at full length of this abstract, and of the special rules (if any) when made, together with the name and address of the inspector of the district, and the name and address of the owner or agent of the mine must be kept posted up on the premises, and a copy thereof supplied gratis on application. 27. Any person who pulls down the documents so posted up is liable to punishment. As to dangerous practices not expressly prohibited. 28. If in any respect a mine is carried on in a manner which, though not expressly forbidden by the terms of the Act or by special rules, is nevertheless dangerous, the inspector may require the matter to be remedied, and the owner or agent is bound to comply with the requisition, or else submit to a reference to arbitration. Penalties. 29. Breach of a general rule by any person, or of a special rule by any person bound to observe the same, is an offence against the Act. And in the event of such an offence being proved to have been committed, the owner and agent will also each of them be guilty of 9 an offence against the Act, unless he proves that he had taken all reasonable means to prevent the offence by publishing and to the best of his knowledge enforcing the rules. A like liability arises with respect to other provisions of the Act, the breach of which is declared an offence against the Act. 30. The penalty for an offence against the Act (except when Sec. 31. another penalty is expressly specified) is (a.) If the offence be committed by a person employed in or about the mine . (b.) If committed by the owner or agent. Not exceeding 21. Not exceeding 201., and a 31. Where, however, the court is of opinion that the offence is Sec. 32. one which is reasonably calculated to endanger the safety of those employed in or about the mine, or to cause serious personal injury or dangerous accident, and was committed wilfully by the personal act, personal default, or personal negligence of the accused, and that a pecuniary penalty will not meet the circumstances of the case, the punishment may be imprisonment, with or without hard labour, for three months. 32. An appeal lies in case imprisonment or half the maximum penalty has been adjudged. 33. An offence can only be summarily prosecuted within three Sec. 34. months after the date when it was committed. 34. An offence by an owner or agent cannot be summarily pro- Sec. 35. secuted, except either by an inspector of mines or with the consent of the Secretary of State. 35. The owner or agent may, if he think fit, be sworn and Sec. 34. examined as an ordinary witness, if charged in respect of any contravention or non-compliance by another person. 36. Penalties for neglecting to send notice of accident, or for any Sec. 38. offence against the Act which has occasioned loss of life or personal injury may be directed by a Secretary of State to be paid to the sufferers or to the relatives of deceased sufferers, but not to any person who has contributed to the neglect or offence. Sec. 6. 10 Register. 37. The owner or agent must keep a register containing the particulars prescribed by section 6 as to,(a.) Boys of 12 and under 13 (b.) Male young persons of 13 and under 16 18} employed below ground. (d.) Male young persons of 13 and under 18 employed above ground. Sec. 10. Sec. 19. (e.) Female young persons of do. do. (g.) Girls of do. do. This register must be kept either in the office at the mine, or in the principal office of the mines belonging to the same owner in the same district. The register is to be produced to the inspector who may inspect and copy it. Annual Return. 38. Subject to the exception presently mentioned, the owner or agent of each mine is, on or before the 1st of August in each year, to send to the inspector of the district a return, in form to be prescribed by a Secretary of State, specifying, as to the persons employed in or about the mine and the mineral sold or produced from the mine, the particulars mentioned in sec. 10 of the Act. Exception. In any mine where not more than 12 persons are employed underground, the returns specifying the quantity of mineral sold or produced from such mine shall be made by the barmaster or other officer, if any, employed to collect the dues or royalty; and where there is any barmaster or other officer, the owner or agent is not required to send any return specifying the number of persons employed in or about the mine. Plans. 39. Except in the case of a mine where not more than 12 persons are ordinarily employed below ground, the owner or agent is to keep an accurate plan and section or a tracing thereof of the mine, showing the workings up to at least six months previously, except workings last discontinued before 1st January 1872. This plan is to be kept either in the office of the mine, or in the principal office of the mines belonging to the same owner in the same district, and is to be produced to the inspector of mines for him to examine, but not to copy. If required, the owner or agent is to mark on the plan the workings up to the time of production. |