and hung up must be renewed and restored with all reasonable despatch as often as the same or any part thereof may be defaced, obliterated, or destroyed; and a printed copy of such general and special rules must be supplied to all applicants, being persons employed in and about the colliery or mine (i). 5. Penalty for working Mine without publishing Rules.-If any colliery, or coal or ironstone mine be worked, and (through the default of the owner or agent thereof) the general rules hereinbefore mentioned and set forth (ante, pp. 14 & 15), have not been hung up or affixed, or have not after obliteration or destruction been renewed or restored, as required by the stat. 23 & 24 Vict. c. 151, § 15, such owner or agent is liable to a penalty not exceeding 207.; and if such default or neglect be not remedied with all reasonable despatch, after notice in writing thereof has been given by an inspector to such owner or agent, to a further penalty of 17. for every day during which the offence continues after such notice (j). SPECIAL RULES. 6. Special Rules to be Established.—In addition to the above mentioned general rules, the 23 & 24 Vict. c. 151, § 11 (k), enacts that there shall be established and observed in every colliery and coal and ironstone mine (1) such (i) See 23 & 24 Vict. c. 151, § 15, Appendix, post, p. xliii. (j) See 23 & 24 Vict. c. 151, § 22, and Appendix, post, p. xlviii. For the procedure for recovering such penalties see Appendix, § 25, p. xlix. (k) Appendix, post, p. xxxix. (1) For the meaning of these terms, see 23 & 24 Vict. 151, § 7 Appendix, post, p. xxxvi. special rules (m) for the conduct and guidance of the managers thereof, and of all persons employed in or about the same, as under the particular state and circumstances of such colliery, or coal, or ironstone mine may appear best calculated to prevent dangerous accidents. 7. Present Special Rules to continue in force.-The special rules now legally in force, in any coal mine or colliery, remain and are the special rules therein, and are of the same force and may be amended by the same authority and in like manner as if established under 23 & 24 Vict. c. 151(n). 8. Penalty for Working Mine before Special Rules established. If any colliery, or coal, or ironstone mine be worked (0), and (through the default of the owner or agent (p) thereof) special rules have not been established for the same, according to the provisions of the 23 & 24 Vict. c. 151, such owner or agent is liable to a penalty not exceeding 207., and if such default or neglect be not remedied with all reasonable despatch, after notice in writing thereof has been given by an inspector (q) to such owner or agent, to a further penalty of 17. for every day during which the offence continues after such notice (r). 9. New Special Rules, how to be established.—The owner of (m) As to the expediency of. having copious special rules, see Senior v. Ward, 28 L. J. Q. B. 139. (n) See § 12, Appendix, post, p. xxxix. (0) See ante, p. 6, 7. (p) For the meaning of the words owner or agent, see 23 & 24 Vict. c. 151, § 7, Appendix, post, p. xxxvi. (2) For the meaning of this word, see 23 & 24 Vict. c. 151, §7, Appendix, post, p. xxxvi. (r) See 23 & 24 Vict. 151, § 22, and Appendix, post, p. xlviii. For the procedure for recovering such penalties, see § 25, p. xlix. every ironstone and coal mine or colliery, in which special rules are not established and in force, must frame special rules for the same, and transmit them to one of the principal secretaries of state. Before such special rules are transmitted, they must be hung up, as hereinafter provided (s), for 14 days before such transmission. The special rules for any such mine or colliery in work on the 31st December, 1860, must be framed and transmitted within 3 months thereafter, and those for any such mine or colliery not then in work, must be so framed and transmitted within 3 months after the working thereof shall be commenced or renewed. If such rules are not objected to by the Secretary of State within 40 days from the day of their receipt by him, they become established (t). If the Secretary of State be of opinion that such rules, or any of them, do not sufficiently provide for the safety of the persons employed in or about such mine or colliery, he may within such 40 days propose alterations or additions to such special rules, or the substitution of any other rules in lieu thereof (u). If the owner do not within 20 days from the day on which such alterations, additions, or substituted rules are so proposed to him, object to the same, the special rules as so altered, added to, or modified, become established (x). If the owner within such 20 days object to any such pro (s) See ante, p. 16, and 23 & 24 Vict. c. 151, § 15, Appendix, post, p. xliii. (t) See 23 & 24 Vict. c. 151, § 13, Appendix, post, p. xxxix. posed alterations, additions, or substituted rules, he may within 14 days after he has so objected, nominate 5 or more practical mining engineers or other competent persons of experience, and who are not interested in or employed in the management of such mine or colliery, of whom the Secretary of State shall appoint one or more to be an arbitrator or arbitrators, to determine the matters in difference, and decide what special rules shall be established; and the determination of such arbitrator or arbitrators or the majority of them, is final, and their special rules become established. If the owner do not within such 14 days nominate, as aforesaid, such 5 engineers or persons, then two such engineers, or persons, are to be appointed arbitrators, one to be named by the owner and the other by the district inspector; and if such owner do not appoint such arbitrator, and give a written notice thereof to the district inspector, then the special rules as altered, added to, or modified, become established. Such two arbitrators, before they proceed in the arbitration, must appoint a third person (being an engineer or person as aforesaid) to be their umpire, in case of difference of opinion between them. If they refuse or neglect to appoint such umpire for 7 days after their appointment, or of the appointment of the last of them, the chairman of the general or quarter sessions for the county, riding, or division where such mine or colliery is situate in England, and the sheriff of the county or division where situate in Scotland, upon the written application of the owner, or the district inspector, shall appoint such umpire; and the determination of such arbitrators and umpire, or of any two of them, is final, and their special rules become established. In case of the death, incapacity, or refusal, or neglect to act of any such arbitrator, another shall be appointed in his place as follows: In case the place to be supplied, be that of an arbitrator appointed from among the owner's nominees, then another shall be appointed by the Secretary of State, either from such of the nominees as were not previously appointed, or (in case of notice to that effect from the Secretary of State to the owner) from among five competent persons to be, within 14 days after receipt of such notice, nominated by the owner to such secretary. If, however, the owner do not within such time nominate such 5 competent persons, then the special rules as altered, added to, or modified, become established. In case the vacancy be that of an arbitrator appointed by the owner or district inspector, such vacancy shall be supplied by such owner or district inspector, as the case may require. If, however, the owner do not, within 14 days, after notice to be given to him by the district inspector, of the death, incapacity, or refusal, or neglect to act of such owner's arbitrator, appoint another, and give a written notice of such appointment to such district inspector, then the special rules as altered, added to, or modified, become established. And in case of the death, incapacity, or refusal, or neglect to act either of any umpire, or of either of the arbitrators. originally appointed before the appointment of an umpire, the above mentioned provisions concerning the appointment of an umpire as well by such arbitrators, as on their default shall be applicable to authorise the appointment of an umpire |