to be inspected, an accurate map or plan of the workings of such colliery, or coal or ironstone mine; and if such owner or agent do not produce (e) and submit such a map or plan, or if any such inspector find that any portion of any map or plan is withheld, or that any part of the workings is concealed from his inspection, or if he find, on examining and verifying any map or plan, that it is imperfect or inaccurate, he is empowered to require that an accurate map or plan of the actual workings be made, within a reasonable time, by and at the expense of the owner, on a scale of not less than two chains to one inch, or on such other scale as the plan then used in the mine is constructed on; and every such map or plan must show the workings of the mine up to within 6 months of the time of inspection.

The owner or agent must also, if required so to do by such inspector, mark or cause to be marked on such map or plan the progress of the workings up to the time of his inspection thereof: provided that nothing herein contained shall be construed to authorise any inspector to make a copy of the whole or any part of any map or plan which may be produced or made (ƒ).

3. Penalty for refusing to produce Map, &c. -Every owner or agent of any colliery, or coal or ironstone mine, who refuses or neglects to produce a map or plan of the mineworkings to any inspector is, for every such offence, liable to a penalty not exceeding 107. (g).

4. Inspector to give Notice of Causes of Danger not provided

(e) For the penalty on neglect see infra.

(ƒ) See 23 & 24 Vict. c. 151, § 18, Appendix, post, p. xlv. (g) See 23 & 24 Vict. c. 151, § 23, Appendix, post, p. xlix.

for by the Rules.-If any inspector (h) find on any (i) inspection, examination, or inquiry, that any coal or ironstone mine or colliery, or the works or machinery belonging thereto, or any matter, thing, or practice in or connected therewith, is (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 his opinion to threaten or tend to the bodily injury of any person, such inspector should give a written notice to the owner or agent of the particular grounds of his opinion, and should also report the same to one of the principal secretaries of state.

If the owner or agent object to remove or remedy such danger or defect, in pursuance of the inspector's notice, he may, within 20 days after receipt of such notice, give notice in writing of his objections, and of the grounds thereof, to such inspector, and to one of the principal secretaries of state, and nominate to such secretary 5 or more practical mining engineers or other competent persons of experience 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, and thereupon such further proceedings shall be had for the determination of the matters in difference by arbitration, as are provided in the case of the special rules (k).

If such owner or agent do not give such notice and make such nomination within the above-mentioned time, such

(h) For the meaning of the word "inspector" under 23 & 24 Vict. c. 151, see ante, p. 7, n. (ƒ) and Appendix, post, p. xxxvi.

(i) See 23 & 24 Vict. c. 151, § 17, Appendix, post, p. xliv. (k) See 23 & 24 Vict. c. 151, §§ 13 & 14, Appendix, post, p. xxxix.

owner becomes liable to a penalty of 17. for every day beyond the said 20 days during which he neglects to take proper and active measures for removing or remedying the danger or defect, which is the subject of the inspector's notice.

If the owner or agent give such notice and make such nomination within the time aforesaid, and the matters in difference be determined by arbitration, then if, after such owner or agent has been furnished with a copy of the award (attested by the district inspector), he neglect forthwith to take proper and active measures for removing or remedying any danger or defect according to such award, such owner becomes liable to a penalty of 17. for every day, after the receipt by him or his agent of such copy award, during which such owner or agent so neglects (7).

5. Notice of Accidents in Mines to be given.-If and when loss of life or any personal injury to any person employed in or about any colliery or coal or ironstone mine occurs from any explosion, and if and when loss of life or serious personal injury to any such person occurs from any other accident whatever within such colliery or coal or ironstone mine, or any pits or shafts thereof, or any works or machinery connected with such pits or shafts, the owner or agent thereof (m) must, within 24 hours next after such accident send notice thereof, and of the loss of life or personal injury occasioned thereby, under his hand, in England to one of the principal secretaries of state, in Scotland to the Lord Advocate, and

(1) 23 & 24 Vict. c. 151, § 17, Appendix, post, p. xlv.

(m) See Underhill v. Longridge, 29 L. J. (M. C.), p. 65, for form of information under an almost identical clause in the repealed Act 18 & 19 Vict. c. 108, § 9.

in all cases to the inspector of the district within which such accident occurs, and must specify in such notice the probable cause of such accident; and such notice may be by letter sent through the post-office addressed to such Secretary of State or Lord Advocate, and district inspector, at his usual place of residence.

And every owner or agent who neglects to send or cause to be sent such notice as aforesaid within the time aforesaid is for such offence liable to and incurs a penalty not exceeding 201. (n).

6. Provision for adjournment of Inquests on Deaths from Mine Accidents.-Every coroner holding an inquest upon the body of any person whose death may have been caused by any such accident as aforesaid, shall, unless the district inspector or some person on behalf of the Secretary of State be present to watch the proceedings at such inquest, adjourn the same, and, by letter sent through the post-office, 4 days at the least before holding such adjourned inquest, addressed to such district inspector, give notice to him of the time and place of holding the same.

The coroner may, however, before such adjournment, take evidence to identify the body, and order the interment thereof.

If, however, the accident has not occasioned more than one death, and the coroner has given notice of the inquest to the district inspector by letter sent through the postoffice not less than 48 hours before the time of holding such inquest, the coroner is not obliged to adjourn the same, in case the majority of the jury think it unnecessary so to do.

(n) See 23 & 24 Vict. c. 151, § 19, Appendix, post, p. xlvii.

The inspector has liberty to examine any witness at any such inquest, subject to the order of the coroner (0).

7. Females not to be employed in any Mine or Colliery.—The stat. 5 & 6 Vict. c. 99, after reciting that it is unfit that women and girls should be employed in any mine or colliery, enacts by the 1st section (p), that from and after the passing of such Act (10th August, 1842,) no owner (2) of any mine or colliery whatsoever should employ any female person therein, nor permit any female person to work or be therein for the purpose of working therein, other than such as were at or before the passing of such Act (10th August, 1842) employed within such mine or colliery.

And that from and after 3 calendar months from the passing of such Act (10th August, 1842), no owner of any mine or colliery should employ any female person who at the passing of such Act was under the age of 18 years, within any mine or colliery, or permit such person to work or be therein as aforesaid.

Such 1st section also enacts, that any indentures of apprenticeship whereby any female person, who at the passing of such Act (10th August, 1842) was under the age of 18 years, should be bound to work or be liable to be called on to work in any mine or colliery, should, at the expiration of 3 calendar months from the passing of such Act, be absolutely void.

(0) 23 & 24 Vict. c. 151, § 20, Appendix, post, p. xlvii.

(p) Appendix, post, p. xxii.

(q) These words "owner of a mine or colliery," mean, the immediate proprietor, or lessee, or occupier thereof, and all persons working the same or any part thereof, or any lode or seam thereof, for their own benefit, or as sharers of the profit, and also all partners and companies working the same, or any part thereof, see 5 & 6 Vict. c. 99, § 14, and Appendix, post, p. xxvii.