ascertaining of the land required for the public work shall be and on third binding at the price agreed upon for the same land if it is after- parties wards so set out and ascertained within one year from the date of the contract or agreement and although such land has in the meantime become the property of a third person. No. 10 of 1889, s. 11. WARRANT FOR POSSESSION. possession 12. If any resistance or opposition is made by any person to Warrant for any person entering upon and taking possession of any lands under the provisions of this Ordinance, a judge of the Supreme Court of the North-West Territories may (on proof of the execution of a conveyance of such lands to Her Majesty or agreement therefor and after notice to shew cause given in such manner as he prescribes) issue his warrant to the sheriff of the district within which such lands are situate directing him to put down such resistance or opposition and to put the commissioner or some person acting for him in possession thereof; and the sheriff shall take Sheriff's with him sufficient assistance for such purpose and shall duties put down such resistance and opposition and shall put the commissioner or such person acting for him in possession thereof; and shall forthwith make return to the Supreme Court of such warrant and of the manner in which he executed the same. No. 10 of 1889, s. 12; No. 28 of 1897, s. 7. COMPENSATION. powers and for incumbrances 13. The compensation money agreed upon or adjudged for compensation any land or property acquired or taken for or injuriously affect money to ed by the construction of any public work shall stand in property as to the stead of such land or property; and any claim to or incumbrance upon such land or property shall (as respects Her Majesty) be converted into a claim to such compensation money a proportionate amount thereof and shall be void as respects any land or property so acquired or taken, which shall (by the fact of the taking possession thereof or the filing of the plan and description in the land titles office of the land regis- Vesting of tration district in which the lands are situate as the case may land by filing be) become and be absolutely vested in Her Majesty. No. 10 of plan of 1889, s. 13; No. 8 of 1898, s. 2. 14. If the compensation money agreed for or adjudged does compensation not exceed $100 it may be paid to the person who under this under $100 Ordinance can lawfully convey the land or property or agree for compensation to be made in the case, saving always the rights of any other person to such compensation money as against the person receiving the same. No. 10 of 1889, s. 14, Payment of land taken 15. Every person who has any estate or interest in any Owner of land or property acquired or taken for or injuriously affected by or affected the construction of any public work or who represents or who to render is the husband of any such person shall (upon demand made therefor by or on behalf of the commissioner) furnish to him a statement Offer of compensation to owner Acceptance of amount offered Lands to be vested in Sale when not required true statement showing the particulars of such estate and interest and of every charge, lien, or incumbrance to which the same is subject and of the claim made by such person in respect of such estate or interest. No. 10 of 1889, s. 15; No. 28 of 1897, s. 8. 16. In any case in which land or property is acquired or taken for or injuriously affected by the construction of any public work, the commissioner shall forthwith cause to be served on the person or persons who (at the date when such land or property was so acquired, taken or injuriously affected had any estate or interest therein) a notice stating the sum of money which the commissioner is ready to pay to such person or persons as compensation therefor. (2) If any party entitled to compensation as aforesaid is dissatisfied with the amount so offered he shall (within fifteen days after the service of such notice) notify the commissioner of such dissatisfaction; otherwise he shall be taken to have accepted. the amount as offered. No. 10 of 1889, s. 17; No. 28 of 1897, s. 10; No. 8 of 1898, s. 3. LANDS VESTED IN HER MAJESTY. 17. All lands and property acquired for any public work Her Majesty shall be vested in Her Majesty and when not required for the public work may be sold or disposed of under the authority of the commissioner; and any portion thereof not required for the public work may be sold by tender or public auction or leased under the authority aforesaid; and the proceeds of all such sales and leases shall be accounted for as public money. No. 10 of 1889, s. 16; No. 28 of 1897, s. 9. CHAPTER 16. An Ordinance to make Regulations with respect to THES THE Lieutenant Governor, by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited as "The Coal Mines Regula- Short title lations Ordinance" No. 9 of 1898, s. 1. INTERPRETATION. 2. In this Ordinance unless the context otherwise requires-- Interpretation 1. The expression "mine" includes every shaft in the course "Mine" of being sunk, and every level and inclined plane in the course of being driven for commencing or opening any coal mine, and all the shafts, levels, planes, works, machinery, tramways and sidings, both below ground and above ground, in and adjacent to a coal mine, and any such shaft, level and inclined plane belonging to such coal mine; 2. The expression "shaft" includes pit; "Shaft" 3. The expression "plan" includes a map and cross section "Plan" and a correct copy or tracing of any original plan as so defined; 4. The expression "owner" when used in relation to any "Owner" mine means any person or body corporate who is the inmediate proprietor or lessee or occupier of any mine or of any part thereof, and does not include a person or body corporate who merely receives a royalty, rent or fine from a mine or is merely the proprietor of a mine subject to any lease, grant or license for the working thereof and is merely the owner of the soil and not interested in the minerals of the mine, but any contractor for the working of a mine or any part thereof shall be subject to this Ordinance in like manner as if he were an owner but so as not to exempt the owner from any liability. 5. The expression "agent" when used in relation to any mine "Agent" means any person having on behalf of the owner care or direction of any mine or of any part thereof, and superior to a manager appointed in pursuance of this Ordinance; 6. The expression "Commissioner " means the Commissioner "Commis. of Public Works for the Territories; sioner " 7. The expression "inspector" means an inspector appointed "Inspector" under the provisions of this Ordinance; 8. The expression "manager" means a manager holding a "Manager" certificate of competency under the provisions of this Ordi nance; "Pit boss" and "fire boss" "Board" Register of employees 9. The expressions "pit boss" and "fire boss" mean respectively a pit boss and fire boss holding certificates as such issued under the provisions of this Ordinance; 10. The expression "board" means the board of examiners. provided by this Ordinance. No. 9 of 1898, s. 2. EMPLOYMENT OF PERSONS IN COAL MINES-PRECAUTIONS FOR 3. The owner, agent or manager of every mine to which this Ordinance applies shall keep in the office at the mine a register and shall cause to be entered in such register the name, age, residence and date of first employment of all persons employed Production of in connection with the mine, and shall produce such register to any inspector under this Ordinance at all reasonable times when required by him, and allow him to inspect and copy the same. No. 9 of 1898, s. 3. Females and boys under twelve years 4. No boy under the age of 12 years nor any woman or girl of any age shall be employed or be permitted to be in the not to work in workings of any mine operated under the provisions of this Ordinance. No. 9 of 1898, s. 20. mines Entrance to munication with parts Who shall not 5. When there is a shaft or inclined plane or level in any mine or com- mine to which this Ordinance applies, whether for the purpose of an entrance to such mine or of a communication from one part to another of such mine, and persons are taken up or down or along such shaft, plane or level by means of an be in charge of engine, windlass or gin, driven or worked by steam or mechanical power or by an animal or by manual labour, a person shall not be allowed to have charge of such engine, windlass or gin or of any part of the machinery, ropes, chains or tackle connected therewith unless he is a male of at least eighteen years of age. No. 9 of 1898, s. 4. machinery, etc. Failure to comply with an offence against Ordinance 6. If any person contravenes or fails to comply with or registration or permits any person to contravene or fail to comply with any employment provision of this Ordinance with respect to the registration of persons employed in such mine or to the employment of persons about any engine, windlass or gin, he shall be guilty of an offence against this Ordinance; and in case of any such contravention or non-compliance by any person whomsoever the owner, agent and manager shall each be guilty of an offence against this Ordinance. No. 9 of 1898, s. 5. Misrepre sentation as to age 7. If it appears that a person employed in any mine or about an engine, windlass or gin connected therewith was employed on the representation of his parent or guardian that 'he was of that age at which his employment would not be in contravention of this Ordinance, and under the belief in good faith that he was of that age the owner, agent or manager of the mine and employer shall be exempt from any penalty in case it shall appear that the person so employed was not of such age and the parent or guardian making such false repre sentation shall be deemed guilty of an offence against this Ordinance. No. 9 of 1898, s. 6. unless every shafts 8. Notwithstanding any contract or agreement to the con- Persons not to trary the owner, agent or manager of a mine to which this work in mine Ordinance applies shall not employ any person in such mine or seam has two permit any person to be in such mine for the purpose of employment therein unless there are in communication with every seam of such mine for the time being at work at least two shafts or outlets separated by natural strata of not less than ten feet in breadth, by which shafts or outlets means of ingress and egress are available to the persons employed in such seam whether such two shafts or outlets belong to the same mine or one or more of them belong to another mine, and unless there is a communication of not less than four feet wide and three feet high between such two shafts or outlets, and munication unless there is at each of such two shafts or outlets or upon and egress to be provided the works belonging to the mine and either in actual use or available for use within reasonable time proper apparatus for raising or lowering persons at each such shaft or outlet: Provided that such separation shall not be deemed incomplete by reason only that openings through the strata between the two shafts or outlets have been made for temporary purposes of ventilation, drainage or otherwise, or in the case of mines where inflammable gas has not been found within the preceding twelve months for the same purposes although not temporary. No. 9 of 1898, s. 7. Means of comand of ingress Proviso Contravention 9. Every owner, agent or manager of a mine who acts in contravention of or fails to comply with the last preceding of foregoing section shall be guilty of an offence against this Ordinance. agent or No. 9 of 1898, s. 8. by owner. manager 10. The Supreme Court or any judge thereof whether any working of other proceedings have or have not been taken may upon the mine may be application of any person authorised thereto by the commis- prohibited sioner prohibit by injunction the working of any mine in which any person is employed or is permitted to be for the purpose of employment in contravention of section 8 hereof and may award such costs in the matter of the injunction as the court or judge thinks just; but this provision shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this Ordinance. (2) Written notice of the intention to apply for such injunetion in respect of any mine shall be given to the owner, agent or manager of such mine not less than ten days before the application is made. No. 9 of 1898, s. 9. provisions as not apply 11. The provisions of this Ordinance with respect to shafts When or outlets shall not apply in the following cases, that is to say: to shafts shall 1. In the case either of opening a new mine for the purpose of searching for or proving minerals or of any working for the purpose of making a communication between two or more shafts, so long as not more than twenty persons are employed |