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(a) Subject to any contract to the contrary the owner of Responsibility

for fencing the mine shall, as between him and any other person entrance interested in the minerals of the mine, be liable to carry into effect this section and to pay any costs incurred by any other person interested in the minerals of the mine in carrying this section into

effect; (b) Nothing in this section shall exeinpt any person from Liability

liabiiity under any other Ordinance or otherwise. (2) If any person fail to act in conformity with this section he shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 29.

under other Ordinances

becomes a

30. Any shaft or side entrance which is not fenced as When shaft or required by the last preceding section, if within tifty yards of Satranes any highway, road, footpath or place of public resort or in nuisance open or uninclosed land shall be deemed to be a nuisance. No. 9 of 1898, s. 30.

a

31. Whenever slack deposited in the neighbourhood of Burning slack the pit's mouth is unfenced and burning and thereby in a

near pit mouth dangerous condition, the commissioner may instruct the owners of such mine to inclose such slack with a fence and take such other necessary precautions as he may require. No. 9 of 1899, s. 30.

32. When any mine to which this Ordinance applies is Plan of abandoned the owner of such mine at the time of such abandoned abandoument shall within three months after such abandon- sent to

commissioner ment send to the commissioner an accurate plan on a sca'e of not less than one hundred feet to one inch or on such other scale as the plan used in the mine at the time of such abandonment is constructed showing the boundaries of the workings of such mine up to the time of the abandonment; but no person except an inspector under this Ordinance or other government official shall be entitled, without the consent of the owner of the mine, to see such plan until after the lapse of ten years from the time of such abandonment. Every owner who fails to comply with this section shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 31.

NOTICES.

33. All notices under this Ordinance shall be in writing or service of print or partly in writing or partly in print, and all notices notices and and documents required by this Ordinance to be served or sent in by or to the commissioner or an inspector may be either delivered personally or sent by post by prepaid letter and if sent by post shall be deemed to have been served and received respectively at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post office. No 9 of 1898, s. 32.

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Appointment 34. The Lieutenant Governor in Council may from time to of inspectors time appoint any fit persons to be inspectors of mines to which

this Ordinance applies and assign them their duties and may award them such remuneration as he deems proper and may remove such inspectors from office for cause. No. 9 of 1898,

s. 33.

Powers of inspector

35. An inspector under this Ordinance shall have power to do all or any of the following things, namely :

1. To make such examination and inquiry as may be necessary to ascertain whether the provisions of this Ordinance relating to matters above ground or below ground are complied with in the case of any mine to which this Ordinance applies ;

2. To enter, inspect and examine any mine to which this Ordinance applies, and every part thereof, at all reasonable times by day and night but so as not to impede or obstruct the working of the said mine;

3. To examine into and make inquiry respecting the state and condition of any mine to which this Ordinance applies, or any part thereof, and the ventilation of the mine and the sufficiency of the special rules for the time being in force in the mine and all matters and things connected with or relating to the safety of the persons employed in or about the mine or any mine contiguous thereto;

4. To examine and inquire into the competency of all managers in charge of mines under this Ordinance and report upon the same to the commissioner;

5. To exercise such other powers as may be necessary for carrying this Ordinance into effect. No. 9 of 1898, s. 34.

Obstructing inspector

36. Every person who wilfully obstructs any inspector in the execution of his duty under this Ordinance and every owner, agent and manager of a mine who refuses or neglects to furnish to the inspector the means necessary for making any entry, inspection, examination or inquiry under this Ordinance in relation to such mine or manager thereof shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 35.

PLANS OF MINES.

Plan of mine

37. The owner, agent or manager of any mine to which to be kept in- 'this Ordinance applies shall keep in the office at the mine an

accurate plan of the workings of such mine showing the work

ings up to at least six months previously and shall produce to Production of an inspector under this Ordinance such plan and shall, if plan to

requested by the inspector, mark on such plan the progress of the workings of the mine up to the time of such production and shall allow the inspector to examine the same but the inspector is not hereby authorised to make a copy of any part of such plan. No. 9 of 1898, s. 36.

inspector

produce full

offence

38. If the owner, agent or manager of any wine to which Failure to this Ordinance applies fails to keep such plan as is prescribed and accurate by the last preceding section or wilfully refuses to produce or

plan an allow to be examined such plan or wilfully withholds any portion of any plan or conceals any part of the workings of his mine or produces an imperfect or inaccurate plan, unless he shows that he was ignorant of such concealment, imperfection or inaccuracy he shall be guilty of an offence against this Ordinance ;

(2) The inspector may by notice in writing (whether penalty Inspector may for such offence has or has not been inflicted) require the owner, agent or manager to cause an accurate plan, such as is prescribed by the said section, to be made within a reasonable time at the expense of the owner of the mine on a scale of not less than one hundred feet to one inch or such other scale as the plan then used in the mine is constructed on and if the owner, agent or manager fails within twenty-one days after such notice, or such further time as may be shown to be necessary, to make such plan or cause it to be made he shall be guilty of an offence against this Ordinance. No. 9 of 1898, s. 37.

order plan to be made

GENERAL RULES.

districts or

as

39. The following general rules shall be observed so far as is reasonably practicable in every mine to which this Ordinance applies:

Rule 1. An adequate amount of ventilation shall be con- Ventilation stantly produced in every mine to dilute and render harmless of mines noxious gases to such an extent that the working places of the shafts, levels, stables and workings of such mine, and the travelling roads to and from such working places shall be in a tit state for working and passing therein.

Rule 2. An adequate amount of ventilation shall mean Division into not less than one hundred cubic feet of

pure
air
per minute for

splits each man, boy, horse and mule en ployed in a mine and

much more as the inspector may direct which shall sweep the face of each working place. Every mine shall be divided into districts or splits of not more than seventy men in each district, and each district shall be supplied with a separate current of fresh air. All intake air shall travel free Intake air from all stagnant water, stables and old workings and every place shall be bratticed up within four yards of the face. On all inain roads where a door is required the inspector may order that two doors shall be placed so that while boxes are being Preservation taken through the one the other shall remain closed and no air shall be lost. () The above provisions as to splits and bratticing shall Exemption

not apply to mines in which safety lamps are not

necessarily employed ;
(6) In all inines so exempt all narrow working places shall Narrow

not be driven, more than twenty yards ahead of places to be
ventilation or such lesser distances as will prevent the ventilation

to be pure

of ir

near

Inspection to take place when

proceed until roadways

air in the said narrow working places becoming

visibly foul. Rule 3. In every mine in which inflammable gas has been

found within the preceding twelve months, then once in every inflammable twenty-four hours if one shift of workmen is employed and

once in every twelve hours if two shifts are employed during any twenty four hours, a fire boss shall so far as is reasonably practicable immediately before the time for commencing work in any part of the mine inspect with a safety lamp that part of the mine and the roadways leading thereto and shall make

a trne report of the condition thereof so far as ventilation is Work not to concerned, and a workman shall not go to work in such part

until the same and the roadways leading thereto are stated to reported safe be safe. Every such report shall be recorded without delay in

a book which shall be kept at the mine for the purpose and

shall be signed by the fire boss. Inspection as Rule 4. In every mine in which inflammable gas has not to ventilation been found within the preceding twelve months then once in

every twenty-four hours a fire boss shall so far as is reasonably practicable immediately before the time for commencing work in any part of the mine inspect that part of the mine and the roadways leading thereto and shall make a true report of the condition thereof so far as ventilation is concerned and a workman shall not go to work in any such part until the same and the roadways leading thereto are stated to be safe. Every report shall be recorded without delay in a book which shall be kept at the mine for the purpose and shall be signed by the fire boss.

Rule 5. All entrances to any place not in actual course of working and extension shall be properly fenced across the whole width of such entrance so to prevent persons inadvertently entering the same.

Rule 6. A station or stations shall be appointed at the entrance to a mine or to different parts of the mine as the case may require and a workman shall not pass beyond any such station until the mine beyond the same has been inspected and stated to be safe.

Rule 7. If at any time it is found by the person for the time

being in charge of the mine or any part thereof that by reason be withdrawn of noxious gases prevailing in such mine or such part thereof,

or of any cause whatever, the mine or the said part is dangerous every workman shall be withdrawn from the wine or such part thereof as is found dangerous and the manager or a

fire boss shall inspect the mine or such part thereof as is found Inspection to dangerous and if the danger arises from inflammable gas shall

inspect the same with a locked safety lamp, and in every case shall make a true report of the condition of such mine or part thereof, and a workman shall not except in so far as is neces. sary for inquiring into the cause of langer or for the removal thereof or for exploration be readmitted into the mine, or such part thereof as was so found dangerous until the same is stiated by such report not to be dangerous. Every such report shall

Unused entrances in inines to be fenced

as

Stations

When danger exists all workmen to

follow

used

of safety

and no light

be recorded in a book which shall be kept at the mine for the purpose and shall be signed by the manager or fire boss.

Rule 8. In every working approaching any place where there where is likely to be an accumulation of explosive gas no lamp of explosite

accumulation or light other than a locked safety lamp shall be allowed garlikely

locked safety or used, and whenever safety lamps are required by this Ordi- lamp to be nance or by the special rules made in pursuance of this Ordinance to be used a competent person who shall be appointed for the purpose shall examine every safety lamp Examination immediately before it is taken into the workings for use and lamps ascertain it to be secure and securely locked ; and in any part of a mine in which safety lamps are required to be used they shall not be used until they have been examined and found secure and securely locked and shall not without Lamps not to due authority be unlocked and in the said part of a mine beach a person shall not unless he is appointed for the purpose have to be struck in his possession any key or contrivance for opening the lock of any such safety lamp or any lucifer match or apparatus of any kind for striking a light. Where it is necessary to work coal in any part of a ventilating district with safety lamps it shall not be allowable to work with a naked light in another part of the same ventilating district situated between the place where such safety lamps are being used and the return airway.

Rule 9. Gunpowder or other explosive or inflammable use of substance shall only be used in the mine under ground as and other follows:

explosives
(a) It shall not be stored in the mine :
(b) It shall not be taken into the mine except in a case or

canister containing not more than four pounds;
(c) A workman shall not have in use at any one time

in any one place more than one of such cases or

canisters :
(c) In charging holes for blasting an iron or steel pricker

shall not be used and a person shall not have in
bis possession in the mine under ground any iron or
steel pricker and an iron or steel tamping rod or
stemmer shall not be used for ramming either the
Wadding or the first part of the tamping or stemming

on the powder :
(e) No explosive shall be forcibly pressed into a hole of in-

a
sufficient size and when a hole has been charged the
explosive shall not be unraimed and no hole shall be
bored for a charge at a distance of less than two feet
from any hole where the charge has missed tire
but where a space of two feet from the first hole can-
not be obtained the explosive may be unrammed
under the sanction and supervision of the shot

examiner;
(f) It shall not be used except in accordance with the fol-
lowing regulations during three months after any in-

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