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by special rules.- If any inspector find on inspection, examination, or inquiry, that any mine or colliery, or the works or machinery, or any matter, thing, or practice connected therewith are (otherwise than as provided against by any express provision of the 23 & 24 Vict. c. 151, or the general or special rules thereunder) dangerous or defective, so as in the opinion of such inspector to threaten or tend to the bodily injury of any person, he is bound to give the owner a written notice of his opinion, and report the same to the Secretary of State (m).

If the owner object to remove the danger or defect, he must within twenty days after receipt of the inspector's notice, give a written notice of his objections to the inspector and to a secretary of state, and take steps for the nomination and appointment of arbitrators.

When the matter has been determined by arbitration, it is the duty of the district inspectors to attest a copy of the award, and furnish it to the owner. And if afterwards the award be not fulfilled, the owner becomes liable to heavy penalties (n).

9. Inspectors entitled to call for production of, and to inspect maps or plans of miners.—The owner of every mine is bound to produce to the inspector, when required, an accurate map or plan thereof; and if the same be not produced, or be inaccurate, such inspector may order an accurate scale map, or plan, to be made at the expense of the owner.

But the inspector is not authorised to make a

(m) 23 & 24 Vict. c. 151, $ 17, and Appendix, post, p. xliv. When the inspector is proceeding under this clause he should attentively read the above section, as it cannot be faithfully abstracted; and post, pp. 28, 29.

(n) See 23 & 24 Vict. c. 151, $ 17, and Appendix, post, p. xliv.

copy of the whole, or any part of any produced or made map or plan (0).

10. Notice of Death or Accident to be given to District Inspector.- Whenever loss of life or personal injury to any employed person, occurs from explosion, and when loss of life or serious personal injury occurs from any other accident, the owner or agent ought, within twenty-four hours thereafter, to give notice thereof to the district inspector, specifying in such notice the probable cause of the accident (p). Such notice may be sent by post, addressed to the inspector's usual place of residence.

11. District Inspector to be present at and have Notice of Inquest.-Every coroner holding an inquest on a death caused by mine accident shall, unless the district inspector or some person on behalf of the Secretary of State be present, adjourn the same, and by letter addressed to such inspector give him four days' notice of the holding of such adjournment; and the inspector is at liberty to examine any witness at any such inquest subject to the coroner's order (9).

12. District Inspector to have Notice of Opening or Abandoning Mines.—On the abandonment or discontinuance of the working of any coal mine, colliery or ironstone mine, or when the working is recommenced after an abandonment for two months, or when workings are commenced for opening a new mine, the owner or agent must within two months give by letter notice thereof to the district inspector (r).

(c) When the inspector is proceeding under this clause, he should consult the statutory words in 23 & 24 Vict. c. 151, $ 18, and Appendix, post, p. xlv, and post, pp. 26, 27.

(p) See 23 & 24 Vict. c. 151, $ 19, and Appendix, post, p. xlvi. (9) See 23 & 24 Vict. c. 151, $ 20, and Appendix, post, p. xlvii. (9-) See 23 & 24 Vict. c. 151, § 21, and Appendix, post, p. xlvii.

13. Inspectors to Certify Special Rules when required.A copy of the special rules established in any coal mine, colliery, or ironstone mine, and certified under the hands of one of the inspectors to be a copy, is evidence of such special rules and of their being duly established under the 23 & 24 Vict. c. 151, without further proof. The inspector must so certify whenever required (8).

14. Penalty for not Assisting Inspector's Entry, Examination, &c.-Every owner or agent of any colliery or coal or ironstone mine who refuses or neglects to furnish to such inspector the means necessary for making any entry, inspection, examination, or inquiry, under the 23 & 24 Vict. c. 151, is for every such offence liable to a penalty not exceeding

101. (t).

15. Penalty for obstructing Inspectors. Every person who wilfully obstructs any inspector in the execution of the 23 & 24 Vict. c. 151, is for every such offence liable to a penalty not exceeding 101. (u).

16. Inspectors' Reports to be laid before Parliament.-Every inspector must on or before the 1st March in every year make a separate and distinct report in writing of his proceedings during the preceding year, and also transmit the same to one of the principal secretaries of state, and a copy of such report must be laid before both Houses of Parliament (x).

(8) See 23 & 24 Vict. c. 151, § 26, and Appendix, post, p. 1.
(t) See 23 & 24 Vict. c. 151, $ 23, and Appendix, post, p. xlix.
(u) See 23 & 24 Vict. c. 151, $ 23, and Appendix, post, p. xlix.
(x) See 23 & 24 Vict. c. 151, $ 27, and Appendix, post, p. 1.

CHAPTER III.

ON THE GENERAL AND SPECIAL RULES TO BE OBSERVED IN

COAL MINES, COLLIERIES, AND IRONSTONE MINES.

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18

GENERAL RULES.

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9. New special rules how to

be established
10. Payment to arbitrator or

umpire
11. Special rules may be

amended from time to

time
12. Certified copy of special

rules to be evidence
13. Publication of special

rules
14. Penalty for working mine

without publishing rules
15. Penalty for the neglect of

rules by owner, dc.
16. Penalty for the neglect of

rules by persons not being

23

17

23

SPECIAL RULES.

23

17

23

6. Special rules to be esta

blished 7. Present special rules to

continue in force
8. Penalty for working mine

before special rules esta-
blished

18

owners, dc.

24

18

1. History of Mine Rules.-The principle of mine inspection had been in existence for thirteen years before the Legislature promulgated a code of general rules, or compelled the compilation of special rules for the regulation of coal mines and collieries. The first statutory enactment upon this point being the lately repealed 18 & 19 Vict. c. 108, which in its 12th section gave a list of seven general rules, and by its 13th section provided for the making of special rules, subject to the approval of the Secretary of State.

As, however, the 18 & 19 Vict. c. 108, has been repealed by the 23 & 24 Vict. c. 151, the latter statute is the only one now in force respecting mine rules, whether general or special. In construing the last-mentioned Act it must be borne in mind that it relates to all coal mines, collieries, and ironstone mines in Great Britain (a).

GENERAL RULES.

2. List of General Rules to be observed in all Coal and Ironstone Mines.— The following fifteen general rules must be observed in every colliery or coal and ironstone mine (6) by the owner and agent (c) thereof:-(d)

1. An adequate amount of ventilation shall be constantly produced in

all coal mines or collieries and ironstone mines to dilute and render harmless noxious gases to such an extent that the working-places of the pits, levels, and workings of every such colliery and mine, and the travelling roads to and from such working-places, shall, under ordinary circumstances, be in a fit state for working and passing

therein (e) : 2. All entrances to any place not in actual course of working and

extension, and suspected to contain dangerous gas of any kind, shall be properly fenced off so as to prevent access thereto :

(a) See ante, p. 5, n. (b), and § 7, Appendix, post, p. xxxvi.

(6) For the interpretation of these words, see 23 & 24 Vict. 151, § 7, and Appendix, post, p. xxxvi.

(c) For the interpretation of the words “ owner and agent,” see 23 & 24 Vict. 151, § 7, and Appendix, post, p. xxxvi.

(d) See 23 & 24 Vict. c. 151, § 10, and Appendix, post, p. xxxvii.

(e) Under the repealed Act, 18 & 19 Vict. c. 108, it has been held that although actual work was temporarily suspended from Saturday afternoon till Monday morning, yet adequate ventilation ought to have been kept up during those hours of suspended work. Knowles v. Dickenson, 29 L. J. M. C. 135.

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