Parts of mine worked separately treated as separate mines Objection to division of mine into parts Daily supervision of manager Fenalty for working without manager Exemption Contractor below ground at any one time in the whole of the different seams in connection with each shaft or outlet in such new mine or such working; 2. In the case of any proved mine so long as it is exempted in writing by the commissioner on the ground either (a) If the mine is not a mine with inflammable gas, that sufficient provision has been made against danger from other causes than explosions of gas by using stone, brick or iron in the place of wood for the lining of the shaft and the construction of the mid-wall; or (b) That the workings in any seam of a mine have reached the boundary of the property or other extremity of the mineral field of which such seam is a part, and that it is expedient to work away the pillars already formed in course of the ordinary working, and so long as there are not employed below ground at any one time in the whole of the different seams in connection with the shaft or outlet in any such mine more than ten persons, or (if the mine is not a mine with inflammable gas) then such larger number of persons as may for the time being be allowed by the commissioner. No. 9 of 1898, s. 10. 12. Where two or more parts of a mine are worked separately the owner, agent or manager of the mine shall give notice in writing to that effect to the commissioner, and thereupon each such part shall for all the purposes of this Ordinance be deemed to be a separate mine. (2) If the commissioner is of opinion that the division of a mine in pursuance of this section will permit of the evasion of the provisions of this Ordinance or in any way prevent the carrying of this Ordinance into effect, he may object to such division by notice served on the owner or agent of the mine. No. 9 of 1898, s. 11. MANAGERS OF MINES. 13. Every mine to which this Ordinance applies shall except as hereinafter provided be under the control and daily supervision of a manager who has obtained a certificate of competency in accordance with the provisions of this Ordi nance. (2) If any mine to which this Ordinance applies is worked for more than thirty days without there being such a manager the owner and agent of such mine shall each be guilty of an offence against this Ordinance. (3) A mine in which less than twenty persons are ordinarily employed below ground shall be exempt from the provisions of this section unless the commissioner by notice in writing served on the owner or agent of such mine requires the same to be under the control of a manager. No 9 of 1898, s. 12. 14. A contractor for the mining of coal or a person employ manager ed by such contractor shall not be eligible for the position of cannot be a manager in any mine operated under the provisions of this Ordinance. No. 9 of 1898, s. 21. 15. A certificate of competency as a manager in form Certificate approved by the commissioner may be issued by the commis- of manager sioner to any person who is entitled thereto under the provisions of this Ordinance, but no such certificate shall be issued to any person who has not had five years' practical experience of coal mining operations under ground. No. 9 of 1898, s. 13. certificate 16. Every person to whom a certificate of competency as a Recording of manager is issued shall be duly recorded as the holder of such certificate and shall pay therefor to the commissioner a fee of $5. No. 9 of 1898, s. 14. certificates foreign 17. Every person holding a first class certificate of compe- Granting tency as a manager of coal mines obtained by examination in to persons any province of Canada or other part of Her Majesty's holding dominions or in the United States of America may apply to certificates the commissioner to be granted a certificate of competency under the provisions of this Ordinance. Such application shall be accompanied by the certificate or certificates held by the applicant and he shall furnish such further proof as to his practical experience, ability, sobriety and general good conduct as the commissioner may require. If the certificates forwarded with such application and the further proof required as to practical knowledge, sobriety and general good conduct are of a satisfactory character the commissioner may issue a certificate of competency to such applicant and record him as the holder of such certificate. No. 9 of 1898, s. 15. certificate 18. Any person not the holder of a certificate of compet- Service ency as a manager of coal mines obtained by examination in any province of Canada or other part of Her Majesty's dominions or the United States of America, who before the 19th day of September, 1898 had five years' practical experience in coal mining operations under ground and who on the said date was acting as the manager of any mine, may apply to the commissioner to be granted a certificate of competency as a manager under the provisions of this Ordinance; and if the proof of such service and such further proof of the sobriety, ability and general good conduct of the applicant as the commissioner may require is of a satisfactory character the commissioner may issue a certificate of competency as a manager to such applicant and duly record him as the holder of such certificate. No. 9 of 1898, s. 16. board 19. For the purpose of examining candidates who may Examining desire to obtain certificates of competency as managers and who are not qualified for such certificates under the provisions of sections 17 and 18 of this Ordinance, there shall be a board of examiners consisting of the inspector, a certificated manager and a miner who has had at least five years' practical ex Place and date of perience of coal mining under ground. The inspector shall be a permanent member of such Loard and the manager and miner shall be appointed by him at each mine during the time of his first and last inspection during each year. (2) Notice of the place and date at which the board will examination meet at each mine shall be given by the inspector to the manager of such mine two weeks before the date of such meeting. (3) Candidates who may desire to submit themselves for exto give notice amination at such meeting shall notify the inspector in writing one week before the date of the meeting. Candidates for examination Duties of examining board When certificate shall issue Cancellation or suspension for cause shown. (4) The board shall examine candidates presenting themselves for examination who have given the proper notice as to their practical experience and theoretical knowledge of all the operations connected with the mining of coal and management of mines, and may i-sue a certificate to such candidates as successfully pass such examination, reciting the facts and recommending the issue to such candidates by the cominissioner of a certificate of competency as a manager. (5) Upon receipt of the certificate issued by the board, together with a fee of $15, the commissioner shall issue a certificate of competency as a manager to the holder of the certificate from the board and shall record him as the holder of such certificate of competency. (6) If at any time representation is made to the commisof certificate sioner by an inspector or otherwise that a manager holding a certificate of competency un er this Ordinance is by reason of incompete cy or gross negligence unfit to discharge his duties or has been convicted of an offence against this Ordinance, the commissioner may if he thinks fit cause inquiry to be made into the conduct of such manager, and if the charges are proven against him the commissioner may cancel or suspend the certi ficate of such manager. Record of same Restoration Pit or fire boss certificates on examination Return of certificates issued (7) When the certificate of a manager is cancelled or suspended in pursuance of this Ordinance the commissioner shall cause such cancellation or suspension to be recorded in the register of holders of certificates. (8) The commissioner may at any time if it be shown to him to be just to do so renew or restore on such terms as he thinks fit any certificate which has been cancelled or suspended under the provisions of this Ordinance. No. 9 of 1898, s. 17. PIT BOSS AND FIRE BOSS. 20. The board may at any meeting held for the examination of candidates for certificates of competency as managers, examine such candidates as present themselves for certificates as pit bosses or fire bosses and to each candidate who successfully passes the examination prescribed by the board may upon payment of a fee of $3 issue a certificate, signed by the inspector, authorising him to act in such capacity. (2) The inspector shall make a return to the commissioner of all certificates issued under the provisions of this section. and shall transmit to the commissioner all fees collected in connection therewith. certificate (3) Any person who on the 19th day of September 1898 Time was acting as a pit bcss or fire boss in any mine operated as pit or fire under the provisions of this Ordinance may, upon application boss to the inspector and payment of a fee of $3, be granted a certificate of qualification as a pit boss or fire boss as the case may be, provided that such person proves to the satisfaction of the inspector that he has had five years' experience of coal mining operations under ground, and produces a certificate from the manager of the mine in which he is employed stating that he is filling the position of pit boss or fire boss in such mine. No. 9 of 1898, s. 18. 21. No person shall act as pit boss or fire boss in any mine Necessity for operated under the provisions of this Ordinance unless he is the boss certificate holder of a certificate issued by the board authorising him to act in such capacity. No. 9 of 1898, s. 19. REPORTS AND RETURNS. returns and 22. On or before the first day of February in every year Output the owner, agent or manager of every mine to which this returns as Ordinance applies shall send to the commissioner a correct to employees return specifying with respect to the year ending on the preceding thirty first day of December, the quantity of coal wrought in such mine and the number of persons ordinarily employed in or about such mine below ground and above ground, distinguishing the persons employed below ground and above ground and the different classes and ages of the persons so employed and such return shall be in accordance with form A in the schedule hereto. No. 9 of 1898, s. 22. returns 23. Every owner, agent or manager of a mine who fails to Making false comply with the preceding section or makes any return prescribed thereby which is to his knowledge false in any particular shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 23. of returns 24. The aggregate results of such returns may be published Publication but the individual return shall not be published without the consent of the person making the same or of the owner of the mine to which it relates, and no person other than government officials shall be entitled without such consent to see the same. No. 9 of 1898, s. 24. ACCIDENTS TO BE REPORTED. 25. Where, in or about any mine to which this Ordinance All accidents applies, whether above or below ground, either loss of life to be reported or personal injury to any person employed in or about the mine occurs by reason of: (a) Any explosion of gas, powder or of any steam boiler; or When death ensues Liability for noncom pliance Notice to owner of mine Entrance to unused mine fenced (b) Any accident whatever; the owner, agent or manager of the mine shall within fortyeight hours next after the explosion or accident send notice in writing of the explosion or accident and of the loss of life and personal injury occasioned thereby to the commissioner and shall specify in such notice the character of the explosion or accident and the number of persons killed and injured respectively. No. 9 of 1898, s. 25. 26. Where any personal injury of which notice is required to be sent under the last preceding section results in the death of the person injured notice in writing of the death shall be sent to the commissioner within twenty-four hours after such death comes to the knowledge of the owner, agent or manager. No. 9 of 1898, s. 26. 27. Every owner, agent or manager who fails to act in compliance with the last two preceding sections shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 27. NEW SHAFTS. ABANDONMENT OF MINES. CHANGE OF NAME 28. In any of the following cases, namely: (a) Where any working is commenced for the purpose of opening a new shaft for any mine to which this Ordinance applies; (b) Where a shaft of any mine to which this Ordinance applies is abandoned or the working thereof discontinued ; (c) Where the working of a shaft of any mine to which this Ordinance applies is recommenced after any abandonment or discontinuance for a period exceeding two months; or (d) Where any change occurs in the name of, or in the name of the owner, agent or manager of any mine to which this Ordinance applies or in the officers of any incorporated company which is the owner of a mine to which this Ordinance applies, the owner, agent or manager of such mine shall give notice thereof to the commissioner within two months after such commencement, abandonment, discontinuance, recommencement or change and if such notice is not given the owner, agent or manager shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 28. 29. Where any mine to which this Ordinance applies is to be securely abandoned or the working thereof discontinued, at whatever time such abandonment or discontinnance occurs the owner thereof shall cause the top of the shaft and any side entrance from the surface to be and to be kept securely fenced for the prevention of accidents: Provided that |