The Short Title of this Act is “The Coal-mines Act, 1891.”

In this Act, if not inconsistent with the context,—

All powers, authorities, and functions conferred upon the Minister of Lands or any Land Board by or in virtue of sections nine, ten, or eleven of “The Westland and Nelson Coalfields Administration Act, 1877,” or in any other Act relating to the granting of leases of land for coal-mining purposes, or the extension of any such leases in the said coalfields, are hereby transferred to, and shall be exercised by, the Minister of Mines; but such powers and functions shall not be exercised by him in relation to the granting or extension of any lease as aforesaid unless the same respectively has been recommended by the Warden; and no such lease or extension of lease shall be granted until a copy of the application for the same has been lodged with the Greymouth or Westport Harbour Boards respectively having any interest in the land to be dealt with under the proposed lease, nor until such application has been advertised once at least in two successive weeks in a newspaper circulating in the district wherein the aforesaid land is situate.

Every lease or amalgamation of leases which may be granted under “The Westland and Nelson Coalfields Administration Act, 1877,” shall be granted only by the Minister of Mines, or by the Warden or Commissioner of Crown Lands, as the case may be, respectively, subject to the provisions of this Act, and not otherwise:

Provided that before any amalgamation of lease shall take effect a return of such proposed amalgamation shall be laid upon the table of each House of the General Assembly.

The Legislative Council and the House of Representatives may, by resolution, refuse to permit any such amalgamation.

In the absence of any such resolution, such amalgamation shall take effect from the termination of the session.

All powers, authorities, and functions conferred upon the Minister of Lands, or a Land Board, or Commissioner of Crown Lands by or in virtue of section eight of “The Westland and Nelson Coalfields Administration Act, 1877,” to dispose of other than alienate any of the lands respectively described in the First, Second, and Third Schedules thereof are hereby transferred to and shall be exercised by the Warden and Minister of Mines respectively, in manner hereinafter provided.

Nothing in this Act contained shall be construed to amend or affect “The Westland and Nelson Coalfields Administration Act, 1877,” or any Act amending the same, otherwise than as is herein expressly provided, and all leases already amalgamated shall be valid and unaffected.

The Warden in every mining district, and the Commissioner of Crown Lands of a land district, in any portion thereof which is situate outside of a mining district, may, with the consent of the Minister, grant leases of land for raising coal subject to the provisions of this Act, and not otherwise:

Provided that no such lease shall be granted until the application therefor has been twice advertised at an interval of one week in some newspaper circulating in the district.

In the exercise of the aforesaid power the Warden or Commissioner, as the case may be, subject to the approval of the Governor, may grant leases for raising coal from any seam which may lie under the sea, or any part of the foreshore thereof below high-water mark, or under any tidal river, anything contained in “The Harbours Act, 1878,” notwithstanding; and all persons taking coal from any such seam as aforesaid, unless duly authorised in that behalf as herein provided, shall be deemed to be in the illegal occupation of Crown lauds within the meaning of any Land Act for the time being in force.

Subject as mentioned in the last-preceding section, the aforesaid Warden or Commissioner may grant licenses to authorise the holders thereof to occupy, for any period not exceeding three years from the granting thereof, not more than twenty acres of Crown lands for the purpose of raising lignite; and may grant leases in substitution thereof if required for a further period.

Applications for leases must be made in writing to the Warden or Commissioner, as the case may be, and accompanied by a deposit of three shillings for every acre applied for, which deposits shall be credited to the applicants respectively against any fees, rents, and royalties that may be or may thereafter become due in respect of their said applications or leases.

Where more than one application is made for a lease of the same land, precedence shall be in the order of the receipt of the applications by the Warden or Commissioner; if made on the same day, the precedence shall be decided by lot.

If any person shall feel himself aggrieved at the refusal of the Minister to sanction the grant to him of a lease under this Act, or as to the area to be comprised in any lease proposed to be granted to him with such sanction, he may petition the Governor for a review of his case, and the Governor may thereupon grant a lease under the public seal of the colony, or refuse such lease, or vary the terms of the lease proposed to be granted to the said person.

But previous to granting any lease under the authority of this section the Governor shall cancel any existing lease granted under sanction of the Minister of so much of the land comprised in the lease as may be included in the lease proposed to be issued by him, and no person shall be entitled to claim or to receive compensation in respect of any lease being so cancelled.

On the recommendation of the Warden or Commissioner, as the case may be, the lessee of a coal-mining lease, with the consent in writing of the Minister first had and obtained,—

May assign or otherwise part with the possession of the demised premises or any part thereof, or his estate or interest therein, notwithstanding there shall be contained in any such lease any provision to the contrary, and no other consent whatsoever shall be requsite; or

May surrender his lease.

All assignments or transfers of any coal-mining lease shall be laid on the table of the House of Representatives forthwith if Parliament is in session, and, if not, then within ten days after the meeting of the first session of Parliament thereafter; and no proposed assignment or transfer of any lease shall be deemed to be completed until ten days after the termination of such session.

Every lease may, with the consent in writing of the Minister, be amalgamated or consolidated with other coal-mining leases:

Provided that before any amalgamation of lease shall take effect a return of such proposed amalgamation shall be laid upon the table of each House of the General Assembly.

The Legislative Council and the House of Representatives may, by resolution, refuse to permit any such amalgamation.

In the absence of any such resolution, such amalgamation shall take effect from the termination of the session.

Every lease shall be made subject to such conditions as the Warden or Commissioner, with the sanction of the Minister, shall think fit, and shall contain covenants for securing the proper and effectual working of the coal within the land thereby demised, and for the surrender of the said land at the end or earlier determination of the lease:

Shall be for a term not exceeding sixty-six years:

Shall comprise an area not exceeding two thousand acres, and shall impose a dead-rent at the rate of not less than one shilling nor more than five shillings per acre, to be fixed by the Board:

Shall reserve a royalty on all coal raised under its powers at the rate of not less than threepence nor more than one shilling per ton:

Shall provide that, when and so long as the amount of royalty on any coal-mining lease exceeds the sum paid as rent, the rent-charge shall cease.

Every lease granted under the authority of this Act for coal-mining purposes shall be deemed to have been granted subject to the following reservations and conditions:—

The surface of the soil, water and watercourses, shall be and be deemed to have been excepted from any demise thereby made, and such surface shall be and be deemed to have been and continue to be vested in Her Majesty, except in so far as may be necessary for the construction by the lessee of any tramways, or the erection of buildings, machinery, and plant, or the storing coal, or as spoil-banks for waste coal or other refuse.

(.2) That any person, with the sanction of the Minister, on the recommendation of the Warden, made in conformity with section three, or Commissioner of Crown Lands, as the case may be, first obtained, shall have free access, egress, and regress upon the land demised for the purpose of constructing any adit or tunnel through such land, so long as he does not interfere with the coal-mining works in operation, and also shall have at all times the right, subject always to non-interference with the coal-mining works as aforesaid, to use such adit or tunnel for any of his own purposes.

There shall be and be deemed to have been excepted out of any such demise unto Her Majesty, her successors and assigns, all timber trees and trees likely to be timber, standing, growing, or being, or which at any time during the term of any such lease shall stand, grow, or be in or upon the demised premises or any part thereof, together with free liberty of ingress, egress, and regress to and for Her Majesty, her successors and assigns, the Governor and the Minister, and all persons having her, his, or their authority so to do, to fell, cut, and carry away the same at fit and reasonable times.

But, nevertheless, every lessee of a coal-mining lease shall and may cut down any timber trees for the purpose of constructing any tramway or railway thereon, or rolling-stock for such railway or tramway, or any buildings, or for prop-wood or firewood, or other necessary purposes incidental to the proper working of any coal-mine, railway, or tramway.

There shall be and be deemed to have been excepted out of any such demise unto Her Majesty, her successors and assigns, all metals and minerals other than coal that are, shall, or may be found upon the demised premises, with leave for Her Majesty, her successors and assigns, the Governor and the Minister, and all persons authorised by her, him, or them, at all reasonable times to enter into and upon the demised premises to search, dig, get, have, take, and carry away the same.

That the lessees shall and will permit the Queen, or the Governor, or the Minister, or his or their agents, inspectors, viewers, workmen, servants, or any other person or persons whom she, he, or they may appoint, to enter upon the demised land, mines, and premises at all reasonable times, and to survey and inspect and make plans of the said mines and works, and to see whether the said mines and works are in good and substantial order, condition, and repair, and are ventilated, worked, managed, and carried on in a proper and workmanlike manner, according to the true intent and meaning of such lease. And that the lessees shall and will help and assist such person or persons so entering as aforesaid by means of their agents and other workmen, and permit them to have the use of the engines, implements, and utensils for the purpose of such inspection as aforesaid.

That the Governor, on behalf of Her Majesty, may at any time during the term of the lease resume the land and premises demised, for coal-mining purposes, subject to compensation being paid for such resumption to the lessee or owner; such compensation shall be determined as provided in Part III. of “The Public Works Act, 1882,” and shall include the value of the goodwill of any mine and premises taken, and such lessee or owner shall be indemnified and protected by Her Majesty against all contracts and engagements then existing in reference to the said mine and premises, or the supply of coal therefrom, and from all claims and demands in respect thereof respectively.

That if the lessee suspend mining operations or neglect to carry on such operations, except in the case of a strike, accident, or other unavoidable cause, in accordance with the terms of his lease, for a period of three months, the Queen or the Governor or the Minister may serve on the lessee a notice specifying the particular breach complained of, and requiring the lessee to remedy the breach; and if the lessee shall not, within three months after the service of such notice, remedy the breach, the Queen, the Governor, or the Minister may enter on the demised premises and take possession of all buildings and improvements thereon, and determine the lease.

In any proceedings by action or otherwise to enforce such right of entry or forfeiture, the lessee may in the action, if any, or in any action brought by himself, apply to the Court for relief, and the Court may grant or refuse relief as the Court, having regard to the proceedings and conduct of the parties, and to all the other circumstances, thinks fit; and, in case of relief, may grant it on such terms as to compensation, costs, or otherwise as the Court in the circumstances of each case thinks fit. In the event of forfeiture and entry as aforesaid, the lessee shall be allowed two months from the date of entry to remove all machinery, plant, and trade-fixtures (but not buildings), or shall be entitled to receive and be paid compensation therefor, to be determined under Part III. of “The Public Works Act, 1882,” the provisions whereof shall, mutatis mutandis, apply.

That if at any time during the term of his lease the lessee neglects or refuses to pump the water out of any underground working for three days after the Inspector has given the lessee notice in writing to do so, the Inspector may, if it shall appear that such neglect or refusal to pump the water is likely to be prejudicial to the safety of any adjoining mines, or to the prejudice of the Crown as proprietor, enter upon the mine and take possession of the pumping machinery, and employ men to work such machinery for pumping out the said workings at the cost of the lessee; and any costs so incurred shall be deemed to be a debt due to Her Majesty by the lessee.

And every such lease hereafter granted shall be read and construed as if such exceptions, reservations, and conditions were set out in such lease in words at length.

Every lease shall be subject to the stipulation that the Governor may, if he shall think fit, authorise the construction, in or upon any land comprised in any lease under this Act, of any race, dam, road, canal, railway, tramway, or other works which may be required for public convenience.

In any case in which an application is made in pursuance of this Act for a lease of land, in any part of which any person other than the applicant or applicants may be entitled under any license to cut, construct, or use any race or dam, or to enjoy any other easement for mining or other purposes, the Governor may, if he shall think fit, authorise the issue of a lease of such land, subject to all existing rights in, to, or to the use of such race or dam or other easement, and impose such terms as the said Governor may think fit in order to secure the enjoyment of the same, or to secure compensation for any injury or inconvenience likely to arise to such person by reason of the issue of such lease.

All rents, royalties, fees, and other moneys arising from any lease granted under the authority of this Act shall be paid into the Public Account, and form part of the Consolidated Fund.

Every Warden and Commissioner respectively shall, within the first seven days of each month, transmit particulars of the situation, terms, and conditions of every lease issued under this Act within his district during the last preceding month, and of every transfer, surrender, or forfeiture of any such lease, and shall also transmit to the Minister such other particulars in respect of the grant or refusal of any coal-mining leases within the jurisdiction of such Warden or Commissioner as the said Minister may require.

The owner or lessee of every coal-mine, whether situate on private lands or on Crown lands, and whether existing before or after the commencement of this Act, shall, subject to all contracts and engagements for the time being of such owner or lessee, be bound at all times, when so required, when the mine is being worked, to supply the Government railways, and all railways the property of railway companies situated in the vicinity of such mines, and all steamships, whether British or foreign, visiting the port nearest to the mine, with coal at rates current for the time being, for the travelling requirements of such railways and for the travelling requirements for steam-vessels, not to exceed seven days’ supply respectively, but not to a larger extent than the mine can supply during the ordinary working hours: Provided that all steamships shall be so supplied in turn in order of arrival, as customary.

Nothing herein contained shall be construed to require any owner or lessee to supply coals to any vessel or steamship in contravention of international law or international treaties, or during a strike, or for other reasonable cause.

Every owner or lessee of a mine who refuses, fails, neglects, or prevents, or causes the refusal, failure, neglect, or prevention of the supply of coal in contravention of this section, shall be deemed guilty of an offence against this Act, and shall be liable to a penalty not exceeding fifty pounds for every day during which such refusal, failure, neglect, or prevention continues.

“Owner” and “lessee” in this section respectively include any one or more owners or lessees, and any company whether incorporated or not.

The Governor may from time to time appoint such competent persons as he shall think fit to be Inspectors of Mines under this Act, and may from time to time allocate to such persons respectively localities within which they shall exercise their functions.

All persons who at the date of the coming into operation of this Act may be Inspectors of Mines under “The Coal-mines Act, 1886,” shall be and shall be deemed to be Inspectors of Mines under this Act.

No Inspector under this Act shall be allowed to hold any interest whatever in any mine in the locality in which he is authorised to act.

No Inspector shall act or practice as a land agent or as a manager, viewer, or agent, or mining engineer, or a valuer of land, or arbitrator in any matter of dispute arising between owners of mines, or be employed in any way in any mine otherwise than in his official capacity under this Act.

Nothing in this Act contained shall be deemed to abridge or annul any of the provisions of “The Inspection of Machinery Act, 1882,” or any Act amending the same; nor to affect the duties of any Inspectors appointed under the said Acts in relation to the inspection in mines of machinery and boilers coming within the operation of the Acts last aforesaid; but every Inspector of Mines shall have the same powers as the aforesaid Inspectors, and it shall be their duty regularly to inspect all machinery in mines, excepting steam-engines and boilers, and to see that such machinery is safe in all its parts and in good working-order.

Every Inspector of Mines shall be the holder of a first-class mine-manager’s certificate.

Every coal-mine shall be under the control and daily supervision of the manager, and the owner or agent of every such mine shall nominate himself or some other person (not being a contractor for getting the mineral in such mine, or a person in the employ of such contractor) to be the manager of such mine.

Every coal-mining company, whether registered or co-operative, shall appoint and continue to have a manager who shall be deemed the mining manager of the company under this Act.

The name and address of every manager for the time being shall be notified in writing to the Inspector, and also to the Minister, and no person shall be so appointed who has not the management of the mining operations carried on by such company.

If any mine is worked for more than three days without there being such a manager for that mine as is required by this section the owner and agent of such mine shall each be liable to a penalty not exceeding fifty pounds, and to a further penalty not exceeding ten pounds for every day during which such mine is so worked.

If any manager is incapacitated from performing his duties, or is about to be unavoidably absent for more than three days, be or the agent shall appoint some fit person to act as deputy manager during such illness or absence; but no such deputy shall act for more than fourteen days unless authorised to do so by the Inspector.

The name of the manager of the mine for the time being shall be posted and kept posted at the pit-mouth of the mine.

The Director of the Geological Survey of New Zealand, the Surveyor-General, the Inspecting Engineer of Mines, an Inspector of Machinery, and three other persons who shall be the holders of mine-managers’ certificates, who shall have not less than ten years’ experience in coal-mining, to be from time to time appointed by the Governor, shall form a Board of Examiners to conduct examinations for the purposes of this Act; one of whom, to be named by the Governor, shall be Chairman. The Board shall conduct all examinations according to regulations to be prescribed by the Governor, who may also appoint a Secretary to the Board.

Every applicant for any certificate of competency shall make his application in manner as may be prescribed by regulations, and shall forward with such application the sum of one pound sterling as a fee for such certificate; and such fee shall entitle the applicant to come up for another examination after a period of three months without further charge in the event of his failing to pass his first examination.

There shall be two grades of mine-managers’ certificates; and every manager of a mine where more than twenty men are employed shall be the holder of a first-class certificate, and every manager of a mine where more than four and not more than twenty men are employed shall be the holder of a second-class certificate.

Notwithstanding anything in this Act contained, the Board of Examiners may grant or refuse a certificate of competency or of service upon any grounds they may deem advisable.

Every person employed or acting in the capacity of a mine-manager where more than six men are employed shall be the holder of a mine-manager’s certificate of competency, and where six men or less are employed the person acting in the capacity of mine-manager shall be the bolder of a permit from the Inspector.

Every person who seeks to obtain a mine-manager’s certificate shall pass an examination previous to obtaining such certificate, to show that he possesses the necessary knowledge and requirements in working a mine, and shall also be the holder of a certificate from his previous employers showing that he has been actually engaged in underground workings in a mine for a period of not less than five years; and shall forward the last-mentioned certificate, together with his application for examination, as hereinbefore mentioned.

Every person employed or acting in the capacity of engine-driver who is in charge of any engine, or any winding machinery by means of which respectively persons are brought up or passed down or along any shaft, pit, or inclined plane, or level, shall be the holder of an engine-driver’s certificate.

Every person who seeks to obtain an engine-driver’s certificate shall pass an examination and obtain a certificate as an engine-driver of competency as to his possessing the necessary knowledge and requirements in working such gear or winding machinery.

The Board of Examiners shall cause a certificate of competency as mine-manager or engine-driver respectively to be granted, without previously undergoing an examination as aforesaid, to any person of good repute producing a certificate of competency from any duly-constituted and recognised authority outside the colony, and satisfying the Examiners of his bona fides, and on paying the fee of ten shillings for such certificate.

The Board of Examiners may cause certificates of service as mine-manager or engine-driver respectively to be granted without undergoing any examination as aforesaid to any person of good repute who shall make, before the thirtieth day of June, one thousand eight hundred and ninety-two, application for the same to them in the prescribed manner, and shall pay the sum of ten shillings as a fee for the said certificate, and shall produce a certificate from his former employer or employers,—

If a mine-manager, of his having had ten years’ practical experience in coal-mining, and been actually employed in underground workings of a coal-mine as a mine-manager or deputy mine-manager for three years, and shall produce from the Inspector a certificate that he is competent to take charge of the underground management of a coalmine.

If an engine-driver, of his having been actually engaged and acted continuously in working winding engines and winding machinery in a mine for a period of twelve months immediately previous to the date of his application.

Any person holding a certificate of competency or of service as a mine-manager or as an engine-driver, and who is charged with any offence or misconduct likely to be detrimental to the proper or efficient discharge of his duties, may be called upon by the Board of Examiners to show cause why be should not be disqualified as a certified mine-manager or engine-driver, and, if he fails to satisfy the said Board, he may, by an order of the Governor in Council published in the Government Gazette, be disqualified for any period from acting as a mine-manager or as an engine-driver.

No person shall, after such order, deliver into the charge of the said mine-manager any mine during the period of such disqualification; and no person shall, after such order, deliver into the charge of the said engine-driver during the period of his disqualification; and no such mine-manager or engine-driver shall, during the period of such disqualification, take charge of any mine or machinery in which steam, water, or air, or any two or more of them, are used as motive power.

Any person acting in the capacity of mine-manager, except as provided in this Act, or acting as engine-driver in charge of any winding engine or winding machinery for the descent or ascent of any persons to or from a mine, without a certificate of competency or of service obtained under, or while he is disqualified under, the provisions of this Act, shall be deemed guilty of an offence against this Act, and shall be liable to a penalty not exceeding five pounds for every day during which he shall act in such capacity. And any person who shall employ any uncertificated or disqualified mine-manager or engine-driver shall be deemed guilty of an offence against this Act, and shall be liable to a penalty not exceeding five pounds for every day during which he shall employ such uncertificated or disqualified mine-manager or engine-driver.

Every person acting as manager or as engine-driver in charge of any winding gear or machinery shall, on demand of any Inspector of Mines, Inspector of Machinery, or other person authorised by the Minister, produce his certificate of competency or of service.

No female and no boy shall be employed in any capacity in or about any mine.

No youth shall be employed as lander or braceman at any time at a brace set over any shaft. No boy or youth shall be employed for more than forty-eight hours in any week, exclusive of the time allowed for meals, nor more than eight hours in any day, except in cases of emergency.

But no person shall be deemed guilty of an offence against this Act for a contravention of that part of this section relating to the time for which persons shall not be employed below ground, if he prove before any two Justices not being interested in any mine in which such person or persons are employed that there were special circumstances to render such contravention necessary for the proper working of the mine, and that such contravention was not injurious to the workmen employed in the mine.

Wherever any entrance to any mine or any communication within any part of any mine to any other part thereof shall be by means of a vertical shaft or pit or inclined plane or level, no person other than a properly competent person of the full age of eighteen years shall have charge of any engine, windlass, or gin (whether driven or worked by manual labour or any other power), or of any part of the machinery, ropes, chains, or other tackle by or by means of which persons are brought up or passed down or along any such vertical shaft or pit or inclined plane or level.

Every owner or agent or other person who shall knowingly employ or permit any person other than as aforesaid to have any such charge shall, for every such offence, be liable to a penalty not exceeding fifty pounds.

No person in charge of steam machinery used in connection with any mine, or for the treatment of the products of any mine, shall be employed for more than eight consecutive hours at any time, and any person who has continually worked for eight hours shall not resume work until after an interval of not less than four hours; such period of eight hours shall be exclusive of any time occupied in raising steam and in drawing fires and exhausting steam in connection with the machinery in charge of such person, and exclusive of meal-hours and of any time in which such person is employed in case of breakage or other emergency; and every employer or person employed who shall fail to comply with the provisions of this section shall be deemed guilty of an offence against this Act; and every person in charge as aforesaid who is guilty of negligence by which any property is destroyed or damaged shall be guilty of an offence against this Act.

If any such person as aforesaid shall be employed during seven consecutive days in every week, he shall be entitled to not less than twelve half-days or six full days of holidays during the year.

The owner, agent, or manager of every mine to which this Act applies shall keep a register, and shall cause to be entered in such register the name, age, residence, and date of first employment of all youths who are employed in the mine below ground, and of all boys employed in connection with the mine, and shall produce such register to any Inspector under this Act at the mine at all reasonable times, and allow him to inspect and copy the same.

If any person fails to comply with, or permits any person to violate, any provision of this Act with respect to the employment of youths or boys, or to the register of youths or boys, he shall be guilty of an offence against this Act.

In case of any such violation or non-compliance by any person whomsoever, the owner, agent, and manager shall each personally be guilty of an offence against this Act, unless be prove that he had taken all reasonable means, by publishing, and to the best of his power enforcing, the provisions of this Act, to prevent such violation or non-compliance.

If it appear that a youth or boy employed in a mine, or that a person employed about an engine, windlass, or gin, was employed on the representation of his parent or guardian that he was of that age at which his employment would not be in violation of this Act, 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 exempted from any penalty; and the parent or guardian shall, for such misrepresentation, be deemed guilty of an offence against this Act.

If it appear that any youth or boy, working for or with his parent, or guardian, or other person, or under his order or charge, be kept at work for a longer period than is prescribed by this Act, such parent, guardian, or person shall be responsible therefor.

The following general rules shall, so far as may be reasonably practicable, be observed in every mine:—

An adequate amount of ventilation shall be constantly produced in every mine to such an extent that the shafts, winzes, sumps, levels, underground stables, and working-places of such mine, and the travelling roads to and from such working-places, shall be in a fit state for working and passing therein.

An adequate amount of ventilation shall mean not less than one hundred cubic feet of pure air per minute for each man and youth, and horse, pony, donkey, or mule, which shall sweep undiminished along the airway through each working-place.

Gunpowder or other explosive or inflammable substance shall only be used in a mine as hereunder provided; that is to say,—

Every underground plane on which persons travel which is self-acting or worked by an engine, windlass, or gin shall be provided (if exceeding thirty yards in length) with some proper means of signalling between the stopping-places and the ends of the plane, and shall be provided in every case at intervals of not more than twenty yards with sufficient man-holes for places of refuge.

Every road on which persons travel underground where the produce of the mine in transit exceeds ten tons in any one hour over any part thereof, and where the load is drawn by a horse or other animal, shall be provided at intervals of not more than one hundred yards with sufficient spaces for places of refuge, each of which spaces shall be of sufficient length and of at least three feet in width between the wagons running on the tramroad and the side of the road.

Every man-hole and space for a place of refuge shall be constantly kept clear, and no person shall place anything in a man-hole or such space so as prevent access thereto.

The top and all entrances between the top and bottom of every working or pumping-shaft shall be properly and securely fenced or securely covered; but this provision shall not be taken to forbid the temporary removal of any fence or cover for the purpose of repairs or other operations if proper precautions are used.

Every abandoned or disused shaft shall be fenced or securely covered in by the lessee or registered owner thereof, and its position indicated on the surface by a post or cairn of stones, or such other permanent distinguishing mark as the Inspector shall think sufficient.

When a fence or cover has been temporarily removed from any entrance to a shaft to admit of the performance of ordinary mining operations a strong horizontal bar shall be securely fixed across such entrance, not less than three nor more than four feet from the floor of the brace-chamber or drive, as the case may be.

Where the natural strata are not safe every working or pumping-shaft shall be securely cased, lined, or otherwise made secure; for which purpose an ample supply of sound good timber or other necessary material shall be kept on the ground ready for immediate use.

Every drive and every excavation of any kind in connection with the working of a mine shall be securely protected and made safe for persons employed therein.

Safe and suitable lights, approved of by the Inspector, shall be provided for the use of miners when travelling in the main drives or roadways of any mine, and the upper entrance to every shaft or blind shaft in use, while open or unfenced, shall be illuminated by a fixed light.

Where one portion of a shaft is used for the ascent and descent of persons by ladders or a man-engine, and another portion of the same shaft is used for raising material or pumping, the first-mentioned portion shall be cased or otherwise securely fenced off separate from the last-mentioned portion.

Every working-shaft in which a cage is used, and every division of such shaft in which persons are raised and lowered, and every shaft in which appliances worked by steam or other machinery are used, shall be provided with guides and some proper means of communicating distinct and definite signals from the bottom of the shaft and from every entrance for the time being in work between the top and the bottom of the shaft to the top, and thence to the engine-room, and from the engine-room and top to the bottom of the shaft, and to every entrance for the time being in work between the top and the bottom of the shaft; and no verbal signals or communications shall be made up or down a shaft exceeding fifty yards in depth in which cages are used except through speaking-tubes or telephones in the pump compartment of such shaft.

Every person employed in a mine shall make himself acquainted with the system of signals used in such mine.

A line or some other appliance shall be provided in each shaft to admit of danger-signals being communicated to the engine-driver from any portion of such shaft.

A clear view shall be kept for the engine-driver between his station and the shaft at the surface-brace.

All methods of signalling in mines to indicate that men or material are to be raised or lowered in shafts shall be clear and distinct, and shall be posted in a clear and legible form on framed boards, one of which shall be placed at the chamber at the bottom of the workings in the shaft, and the other at the brace at or near the top of the shaft.

Such methods shall be subject to the approval of the Inspector, and shall also be subject to such alterations and amendments as may from time to time be indicated by the Minister on the report of the Inspector; and any neglect to carry out such indicated alterations or amendments shall be an offence against this Act.

A cage shall have a sufficient cover overhead when used for lowering or raising persons in any working-shaft; such cage-cover shall be constructed of iron not less than one-quarter part of an inch thick, and shall be securely hung on hinges and fitted with sloping sides, so as to be readily lifted upwards by persons within the cage. Wherever practicable, all persons working in shafts shall be protected overhead from falls of material down such shafts by means of a roof or other suitable appliance.

No iron, timber, tools, rails, sprags, or other material, except for repairing the shaft, shall be placed in the same cage in which men are being lowered or raised from their work.

Every brace or pit-bank shall be properly covered to protect the workmen from the inclemency of the weather.

A proper ladder or footway shall be provided in every shaft in which a whim, whip, or windlass is used, and in every working-pit or shaft where no machinery is used for lowering or raising persons employed therein.

A single-linked chain shall not be used for lowering or raising persons in any working-shaft or plane except for the short coupling-chain attached to the cage or load. When chains are employed as couplings to cages two single-linked chains of uniform size shall be used to each coupling.

Before any rope or chain is used in the shaft of a mine it shall be tested and proved to be equal to carrying twice the weight of the ordinary load; and in mines where men are lowered or raised in shafts the ropes and chains shall be periodically tested at intervals of not more than three months to carry twice the weight of the ordinary load.

And such tests shall be made in the presence of some person appointed for that purpose by the miners engaged in the mine.

There shall be on the drum of every machine used for lowering or raising persons such flanges or horns, and also, if the drum is conical, such other appliances as may be sufficient to prevent the rope from slipping.

There shall be attached to every machine worked by steam, water, or mechanical power, and used for lowering or raising persons, an adequate brake, and also a proper indicator (in addition to any mark on the rope) to show to the person who works the machine the position of the cage or load in the shaft.

Every cage used in a mine shall be fitted with special and suitable appliances to prevent its sudden fall down a shaft, and also to prevent it coming into contact with the poppet-heads.

Spring catches or automatic or self-acting doors or tumblers of a suitable kind shall be affixed to the skids or guides below the poppet-heads of every shaft in which a cage is used to prevent the fall of such cage down the shaft when detached from the rope or chain by overwinding.

In any shaft exceeding twenty feet in depth in which cages are not used, no person shall descend or ascend by the aid of machinery, unless, in addition to the use of the loop, crossbar, or other appliance, he be securely stayed to the rope employed for lowering or raising in such shaft by a strap or other fastening passing round the body under the arms, and such method of staying shall be used by every person who finds it necessary, in the execution of his duty, to descend or ascend a shaft on top of the cage-covers.

A ladder permanently used for the ascent or descent of persons in the mine shall not be fixed in a vertical or overhanging position, unless in shafts used exclusively for pumping, and shall be inclined at the most convenient angle which the space in which the ladder is fixed allows, and every such ladder shall have substantial platforms, at intervals of not more than thirty feet, and a suitable fixture for a hand-grip shall be placed above such ladder, for the use of persons ascending or descending such ladder.

If more than six persons are employed in the mine below ground in one shift, sufficient accommodation shall, if ordered by the Inspector, be provided above ground near the principal entrance of the mine, and not in the engine-house or boiler-house, for enabling the persons employed in the mine to conveniently dry and change their dresses, and in no case shall men be allowed to change their dresses upon a boiler.

No person under the age of twenty-one years shall be placed in charge of or have the control of any steam-engine or boiler used in connection with the working of any mine.

No person in charge of steam machinery in connection with the working of any mine shall, under any pretext whatever, unless relieved by a competent person for that purpose, absent himself or cease to have continual supervision of such machinery during the time it is used in working the mine.

All machinery in which steam, water, or air, or any two or more of them are used as motive power, shall be subject to the provisons of “The Inspection of Machinery Act, 1882,” so far as the same shall reasonably apply; and no such machinery, erected or fitted up, shall be employed until it has been examined by an Inspector appointed under the last-mentioned Act, and certified by him to be in proper and fit working condition.

All boilers, compressors, engines, gearing, and all other parts of machinery, when used for any mining purpose, or for the treatment of the products of any mine, shall be kept in a fit state and condition.

Every fly-wheel, and all exposed or dangerous parts of the machinery, and every tramway constructed on an elevated platform, shall be and be kept securely and safely fenced, except tramways worked by ropes or chains.

Every steam-boiler shall be provided with a proper steam-gauge and water-gauge, to show respectively the pressure of steam and the height of water in the boiler, and with a proper safety-valve; and at least once in every six months. or oftener if required, every boiler shall be thoroughly cleansed; and once in every twelve months every such boiler shall be subjected to an hydraulic test, and the date and full description of every such test and cleansing shall be entered in a book to be kept by the mining manager or other person in charge of the mine, and the entries in such book shall, on demand, be open to the perusal of any Inspector under this Act, or under “The Inspection of Machinery Act, 1882.”

The smoke from every boiler for generating steam, and from every furnace used in any part of the underground workings of a mine, shall not be allowed to escape into any part of such workings, nor in any manner other than by means of an air-tight flue conducting such smoke directly from the boiler or furnace into a vertical shaft cut in the rock up to the surface of the ground to the open air, or built up to the surface as aforesaid with bricks and cement, in manner as to be completely air-tight.

No person shall wilfully damage, or without proper authority remove or render useless, any fencing, casing, lining, guide, means of signaling, signal, cover, chain, flange, horn, brake, indicator, ladder, platform, steam-gauge, water-gauge, safety-valve, or other appliance or thing provided in any mine in compliance with this Act.

No person shall, after any shaft has become disused for mining purposes, wilfully damage or render useless such shaft by the removal of any fencing, covering, casing, lining, ladder, platform, or other appliance provided in such shaft without the consent of the Minister.

Where a place is likely to contain a dangerous accumulation of water, the working approaching such place shall not exceed eight feet in width, and there shall be constantly kept, at a sufficient distance, not being less than twenty feet in advance, at least one bore-hole near the centre of the working, and flank bore-holes shall be put in not more than fifteen feet apart on each side.

In every mine which in the opinion of an Inspector is liable to an inundation or inburst of water, such additional rises, chambers, drives, and other workings, or any of them, shall be constructed as may seem necessary and as may be prescribed by the Minister for the escape of workmen from the lower workings, or to insure their safety in every such mine during the period of any inundation or inburst of water in such mine.

Ladders and, when necessary, convenient platforms connected therewith, shall be provided in each rise, upcast, or passage giving access to workings at a higher level in a mine, and a notice shall be posted at the foot of each such rise, upcast, or passage, stating the height of such rise, upcast, or passage to the chamber or drive above.

The manager of every mine, or other competent person or persons appointed for such purpose, shall once at least in every twenty-four hours examine the state of all safety-appliances or gear connected with the cages, winding-ropes, or shafts in the mine, and shall once in each week carefully examine the buildings, machinery, shafts, levels, planes, and all places used in the working of such mine, and shall record in writing, in a book to be kept for that purpose, his opinion as to their condition and safety, and any repairs, and as to any alterations required to insure greater safety to the persons employed in the working of such mine, and such book shall, on demand, be open to perusal by any Inspector under this Act; and every such safety-appliance or gear, if condemned by any Inspector of Mines or Inspector of Machinery, shall forthwith be removed or made fit.

In every mine once in every 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 competent person, or competent persons, who shall be appointed for the purpose, shall, 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 true report of the condition thereof so far as ventilation is concerned; and the workmen shall not go to work in such part until the same and the roadways leading thereto are cleared from gas by ventilation and stated to 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 person making the same.

In every mine in which inflammable gas has been found within the preceding twelve months, a station or stations shall be appointed at the entrance to the 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 or part of the mine beyond the same has been cleared from gas by ventilation, and inspected and stated to be safe, and such inspection shall be made within two hours before the time fixed for the miners commencing work.

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 as to prevent persons inadvertently entering the same.

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 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 mine, or such part thereof as is so found dangerous; and a competent person who shall be appointed for the purpose shall inspect the mine, or such part thereof as is so found 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 necessary for inquiring into the cause of danger, 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 stated by such report not to be dangerous.

Every such report shall be recorded in a book which shall be kept at the mine for the purpose, and shall be signed by the person making the same.

Whenever safety-lamps are required by this Act, or by the special rules made in pursuance of this Act, to be used, such lamps shall be supplied by the owner, agent, or manager, of a pattern to be approved by the Inspector. A competent person who shall be appointed for the purpose shall examine every safety-lamp immediately before it is taken into the workings for use, and ascertain it to be secure and securely locked; and, in any part of a mine in which safety-lamps are so required to be used, they shall not be used until they have been so examined and found secure and securely locked, and shall not without due authority be unlocked; and in the said part of the mine a person shall not, unless be is appointed for the purpose, have 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, or tobacco-pipe or any contrivance for smoking.

After inflammable gas has been found in any mine, it shall be cleared by ventilation, and a barometer and thermometer shall be placed above ground, in a conspicuous position, near the entrance to the mine.

The persons employed in a mine may, at their own cost, appoint two of their number to inspect the mine, and the persons so appointed shall be allowed once at least in every month to go to every part thereof, and to inspect the shafts, levels, planes, working-places, return air-ways, ventilating apparatus, old workings, and machinery; and the owner, agent, and manager (who may, if they think fit, accompany them), and all persons in the mine, shall afford every facility for the purpose of such inspection; and the persons so appointed shall make a true report of the result of such inspection, and such report shall be recorded in a book to be kept at the mine for the purpose, and shall be signed by the persons reporting.

The books mentioned in this section, or a copy thereof, and a copy of the Act, shall be kept at the office at the mine, and any Inspector under this Act, and any person employed in the mine, may at all reasonable times inspect and take copies from any such books, or extracts from such Act.

Any manager, or any person in charge of or giving orders or directions relating to the carrying-on of any mining operations in a mine, who contravenes or does not comply with any of the general rules in this section shall be guilty of an offence against this Act, unless be proves that he had taken all reasonable means to prevent such contravention or non-compliance.

A printed copy of the rules provided for in this section shall be posted in the office and on a building or board in some conspicuous place in connection with every mine.

The special rules set forth in the Appendix to this Act shall be the special rules for the conduct and guidance of persons acting or employed in or about every mine to insure the health and safety of such persons; and the owner or agent of every mine shall cause a copy of such special rules to be hung up in some conspicuous place in the mine.

The owner or agent of any mine may from time to time frame, alter, or revoke such additional special rules (hereinafter called “additional rules”), not in conflict with the special rules set forth in the Appendix, as may appear under the particular state and circumstances to be desirable for obtaining the above objects, which shall at once be transmitted by the owner or agent to the local Inspector, who shall forthwith transmit them with a report of their respective fitness to the Minister; and, if they are not objected to within one month after the receipt thereof by the Minister, they shall be the additional rules of the mine, and published in manner mentioned in the next following section.

So much of any special rules which at the commencement of this Act are in force in any mine under any Act hereby repealed, and which are not in conflict with the special rules contained in the Appendix to this Act, shall continue to be the additional rules in such mine until altered or revoked by additional rules made under this Act.

For the purpose of making known the special rules, the additional rules, and the provisions of this Act to all persons employed in or about each mine to which this Act applies, a copy of the general rules contained in section thirty-three of this Act, supplied on the application of the owner, agent, or manager of the mine by the Inspector on behalf of the Governor, and an entire copy of the special rules and additional rules, shall be published as follows:—

The owner, agent, or manager of such mine shall cause such general and special rules, with the name and address of the Inspector, and the name of the owner or agent, and of the manager, appended thereto, to be posted up in legible characters in some conspicuous place at or near the mine, where they may be conveniently read by the persons employed; and, so often as the same become defaced, obliterated, or destroyed, shall cause them to be renewed with all reasonable despatch.

The owner, agent, or manager shall supply a printed copy of the general and the special rules and additional rules gratis to each person employed in or about the mine who applies for such copy at the office at which the persons immediately employed by such owner, agent, or manager are paid.

Every copy of the special and additional rules shall be kept distinct from any rules which depend only on the contract between the employer and employed.

Every person who pulls down, injures, or defaces any proposed rules, or any rules when posted up in pursuance of the provisions of this Act, or any notice posted up in pursuance of any rules, shall be guilty of an offence against this Act.

An Inspector under this Act shall, when required, certify a copy, which is shown to his satisfaction to be a true copy, of any rules which for the time being are established under this Act in any mine; and a copy so certified shall be evidence (but not to the exclusion of other proof) of such rules, and of the fact that they are established under this Act, and have been signed by an Inspector.

If the owner, agent, or manager of any mine makes any false statement with respect to the posting-up of any rules he shall be guilty of an offence against this Act; and if any additioual rules for any mine are not transmitted within the time limited by this Act to the local Inspector, for the approval of the Governor, the owner, agent, and manager of such mine shall each be guilty of an offence against this Act, unless be prove that he had taken all reasonable means, by enforcing to the best of his power the provisions of this section, to secure the transmission of such rules.

Within one year after commencing the working of any bords, stalls, or longwall workings in any mine, there shall be made and completed at least two separate and distinct shafts or outlets to the surface from such mine, intercommunicating with each other, so that such shafts or outlets shall afford a separate means of ingress or egress available to the persons employed in such mine. Such shafts must not, if made after the commencement of this Act, be nearer than fifty feet to each other. Proper apparatus for raising or lowering persons at each such shaft shall be kept on the works of the mine, and, if not in actual use at the shafts, shall be so kept as to be quickly available for use.

And the owner of any mine wherein such two openings shall not be completed as aforesaid shall be liable to a penalty not exceeding one hundred pounds for every week during which the same shall remain incomplete.

But this provision shall not apply so long as not more than ten persons are employed below ground at any one time in the whole of the different seams in connection with each outlet in such mine or working.

No person shall be precluded by any agreement from doing such acts as may be necessary for providing a second shaft or outlet to a mine where the same is required by this Act, or be liable under any contract to any penalty or forfeiture for doing such acts as may be necessary in order to comply with the provisions of this Act with respect to shafts or outlets.

In every case where vertical or overhanging ladders are used in connection with the shaft of any mine, securely fixed platforms shall be constructed at intervals of not more than thirty feet from each other in such shaft, and such ladders shall have sufficient spaces for foot-holds of not less than six inches; but in no case shall new vertical or overhanging ladders be constructed either in substitution for old ones or otherwise.

Every person who contravenes or does not comply with this section shall be guilty of an offence against this Act.

Every person employed in or about any mine shall satisfy himself of the safety of any tubs, chains, tackle, windlass, ropes, or other appliances he may use before commencing and whilst at work, and in case of any defect or insecurity he shall cease to use anything unsafe; and every such person who witnesses in or about any such mine any circumstance, matter, or thing which may be likely to produce therein danger of any kind, and every person who may be notified by any such person of any such circumstance, matter, or thing, shall notify the same to the person (if any) under whose immediate directions or control he may be; and every such person in sub-charge of and employed in mining operations in any part of a mine shall, on changing his shift, inform the person appointed to relieve him of the state of the workings in the part of the mine in which he has been employed, or otherwise he shall be guilty of an offence against this Act.

Immediately upon any miner working in the mine making a complaint under this Act to any Inspector, it shall be the duty of such Inspector to make inquiry into the matter of such complaint, and to take such other steps as he may deem necessary to investigate the matter, and the name of the informant shall not be divulged by the Inspector.

The owner, agent, or manager of every mine where there are underground workings shall keep at the office at the mine an accurate plan of the workings of such mine, made by a certificated manager, a duly-qualified mining engineer, or by a surveyor authorised as such by the Surveyor-General, and a copy of such plan shall be forwarded to the Inspector once in every six months with the whole of the workings shown thereon up to one month previously. Every such plan shall be made to a scale of not less than two chains to an inch.

If the owner, agent, or manager of any mine fails, neglects, or refuses to forward to the Inspector a copy of such plan once in every six months, he shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding twenty pounds for each offence.

If the Inspector have reason to think that any plan forwarded to him as aforesaid is incorrect he shall report the same to the Minister, who, if he thinks fit, may cause a check survey to be made, and, if thereupon the plan aforesaid prove to be incorrect in any material respect, the owner, agent, or manager of the mine in which the said check survey is made shall be liable to pay all costs and charges for making such check survey or in connection therewith, and such costs and charges may be recovered as a debt due to the Crown.

Where any mine is abandoned, the owner of such mine at the time of such abandonment shall, within one month after such abandonment, send to the Minister an accurate plan, on a scale of not less than two chains to one inch, or on such other scale as the plan used in the mine at the time of such abandonment is constructed on, showing the boundaries of the workings of such mine up to the time of the abandonment, with the view of its being preserved under care of the Minister.

Every person who fails to comply with this section shall be guilty of an offence against this Act.

When any mine is abandoned, or the working thereof discontinued, or after any abandonment or discontinuance for more than one month the working thereof is recommenced, or when any workings are commenced for opening a new mine, the owner or agent shall give notice thereof in writing to the Inspector within one month after such abandonment, discontinuance, recommencement, or commencement.

In every case of abandonment or discontinuance the mine shall be and be kept securely fenced by the owner or agent; and all trial pits shall be fenced and kept secure by the owner of the land on which such trial pits are sunk.

Every Inspector under this Act shall have power to do all or any of the following things, namely:—

To make from time to time such examination and inquiry as may be necessary to ascertain whether the provisions of this Act relating to matters above ground or below ground are complied with;

To enter, inspect, and examine any mine 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;

To examine into and make inquiry respecting the state and condition of any mine 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;

To exercise such other powers as may be necessary for carrying this Act into effect.

If in any respect (which is not provided against by any express provision of this Act, or by any special rule) any Inspector find any mine, or any part thereof, or any matter, thing, or practice in or connected with any such mine, to be dangerous or defective, so as, in his opinion, to threaten or tend to the bodily injury of any persons, such Inspector may give notice in writing thereof to the owner or agent of the mine, and shall state in such notice the particulars in which he considers such mine, or any part thereof, or any matter, thing, or practice, to be dangerous or defective, and require the same to be remedied, and unless the same be forthwith remedied the Inspector shall also report the same to the Minister.

If the owner or agent of the mine—

Objects to remedy the matter complained of in the notice he may, within seven days after the receipt of such notice, send his objection in writing, stating the grounds thereof, to the Minister, and shall also send a copy of the same to the Inspector, who shall report on the same to the Minister, and thereupon the matter shall be determined by arbitration in manner provided by this Act in relation to the special rules, and the date of the receipt of such objection shall be deemed to be the date of the reference;

Fail to comply with the requisition of the notice given by the Inspector, when no objection is sent within the time aforesaid, or with the award made on arbitration, within twenty days after the receipt of such notice or the making of the award (as the case may be), he shall be guilty of an offence against this Act, and the notice and award shall respectively be deemed to be written notice of such offence.

The Court, if satisfied that the owner or agent has taken active measures for complying with the notice or award, but has not with reasonable diligence been able to complete the works, may adjourn any proceedings taken before it for punishing such offence, and if the works are completed within a reasonable time no penalty shall be inflicted.

No persons shall be precluded by any agreement from doing such acts as may be necessary to comply with the provisions of this section, or be liable under any contract to any penalty or forfeiture for doing such acts.

Every person who contravenes or does not comply with any of the provisions of this Act, or who is guilty of negligence by which any person is injured or killed, either by himself, his agent or servant, shall be guilty of an offence against this Act, and shall be liable to a penalty not exceeding, if he is the owner, mining manager, or underground manager, or person in charge of or giving orders or directions relating to the carrying-on of any mining operations in any mine, fifty pounds, and if he is any other person not exceeding ten pounds, for each offence; and, further, if the underground manager is shown to have been guilty of carelessness or negligence, his certificate may be suspended for such time as the Minister shall think fit, or cancelled by the Minister.

Any accident occurring in a mine shall be primâ facie evidence that such accident occurred through some negligence on the part of the owner.

If any person employed in or about any mine suffer any injury in person, or be killed, owing to the non-observance in such mine of any of the provisions of this Act, such non-observance not being solely due to the negligence of the person so injured or killed, or owing in any way to the negligence of the owner of such mine, his agents or servants, the person so injured, or his personal representatives, or the personal representatives of the person so killed, may recover from the owner compensation by way of damages as for a tort committed by such owner; and the amount of such compensation, with the costs of recovering the same when determined, shall constitute a charge on the mine and mining plant in or about which such person was so employed, and all charges arising under the provisions of this section shall, as between themselves, be paid rateably.

Such compensation may be recovered under the provisions of “The Deaths by Accident Compensation Act, 1880,” or “The Employers’ Liability Act, 1882,” which shall respectively be applicable, according to the circumstances of each particular case; subject, however, that notice of injury having been sustained may be given under the last-mentioned Act at any time within three months from the occurrence of the accident causing the injury, instead of within six weeks as in the said Act mentioned.

Nothing in this section contained shall take away from any person any right to take proceedings in respect of a claim for compensation for injury or death by accident which he may have under any Act other than this, if he prefer to proceed under such Act, but in such case he shall forfeit any right he may have to take proceedings under this section.

For the purpose of any proceeding taken under the provisions of this Act against any manager or person in charge of or giving orders or directions relating to the carrying-on of any mining operations in a mine, the burden shall lie on the defendant of proving be is not such manager or person.

The manager of every mine shall forthwith after the occurrence of any accident attended with serious injury to any person give a written notice thereof to the Inspector, and also shall forthwith report the same by telegraph message to the Minister, and any manager who omits to give such notice shall be guilty of an offence against this Act.

Any portion of a mine where a serious accident occurs shall not be interfered with until inspected by the Inspector or some other person appointed by the Minister or Coroner’s jury, unless with the view of saving life or preventing further injury.

Unless the Inspector or some person appointed by the Minister be present at an inquest holden upon the body of any person whose death may have been caused by any such accident, the Coroner shall adjourn the same, and by written notice delivered or sent four days at the least before holding the adjourned inquest give notice of the time and place of holding the same, but before such adjournment the Coroner may take evidence to identify the body and order the interment thereof; and the Inspector or other person authorised in that behalf, and also the owner, agent, or manager, either in person or by counsel, shall be at liberty to examine or cross-examine any witness at any such inquest: Provided that if the accident has not occasioned more than one death, and notice of the inquest has been given by the Coroner not less than forty-eight hours before the time of holding the same, it shall not be imperative on the Coroner to adjourn such inquest if the majority of the jury think it unnecessary.

With respect to Coroners’ inquests on the bodies of any persons whose death may have been caused by accidents in mines, the following provision shall have effect, that is to say:—

Any person having a personal interest in or employed in or in the management of the mine in which the accident occurred shall not be qualified to serve on the jury empanelled on the inquest; and it shall be the duty of the constable or other officer not to summon any person disqualified under this provision, and it shall be the duty of the Coroner not to allow any such person to be sworn or sit on the jury; nevertheless, whenever it is practicable one-half the jurymen shall be miners.

If any question arise whether a mine is a coal-mine to which this Act applies, such question shall be referred to the Minister, whose decision thereon shall be final.

All lands which, previous to the commencement of this Act, have been alienated, or agreed to be alienated, from the Crown, whether by way of absolute sale, or lease, or for any lesser interest, shall, with the consent of the owners or occupiers thereof respectively; and

All lands which, after the commencement of this Act, may be so alienated, or agreed to be so alienated, from the Crown, but not expressly for coal-mining purposes, shall, without the consent of the owners or occupiers thereof respectively; and

All Native lands which have been alienated since the thirtieth day of August, one thousand eight hundred and eighty-eight, or which hereafter may be alienated by the Native owners thereof to any person other than Her Majesty, except lands alienated expressly for mining or coal-mining purposes;

Shall be liable to be resumed by Her Majesty for coal-mining purposes on paying full compensation to the owner and occupier thereof for the value of the lands and improvements so resumed.

Any resumption of lands as aforesaid may be made by the Governor under “The Public Works Act, 1882,” as if it were a taking of land for a public work within the meaning of that Act, and the compensation to be paid shall be ascertained in manner provided by Part III. of that Act for the purposes of this Act.

The Governor, in the name and on behalf of Her Majesty,—

May contract with the owner or lessee of any coal-mine situate on private or Native lands for the acquisition of such lands and mine on such terms as he shall think fair and reasonable; or

May contract with the lessee or lessees of any coal-mine situate on Crown lands for the purchase of their respective interests therein, and the cancellation of the lease, on paying such compensation for the same, including value of goodwill, if any, as may be determined under “The Public Works Act, 1882:”

Provided that resumption and acquisition under this and the preceding section shall not be complete nor take effect until a resolution of the Legislative Council and the House of Representatives shall have been passed sanctioning the same.

Any land so resumed or acquired may be worked by the Minister on behalf of Her Majesty unless the Legislative Council and the House of Representatives shall by resolution otherwise determine.

Where, for the purpose of working any mine, it is required to carry any work on, or over, or under any private land, or to take any such land, or any part thereof, for mining works in connection with such mine, the Governor, on the application and at the proper cost and charges of the owner of the said mine, may take such land, or any part thereof, under “The Public Works Act, 1882,” as for a public work within the meaning of such Act.

All provisions of the said Act shall apply accordingly for the purpose, but the effect of the Proclamation taking the land shall be to vest such land in the applicant instead of in Her Majesty, and all proceedings after the aforesaid Proclamation in respect of compensation and otherwise in respect of complying with the said Act shall be had against the applicant, who shall be deemed to be the respondent, and shall be liable in respect of such taking in the same manner and to the same extent as Her Majesty or the Minister for Public Works would be in respect of taking land for a Government work under the said Act.

For all purposes of this Act “The Public Works Act, 1882,” shall be read as if the words “the Minister of Mines” had been inserted therein in lieu of the words “the Minister for Public Works.”

Upon the affidavit of any person taken before any Justice of the Peace or solicitor of the Supreme Court, claiming to be legally or equitably interested in any mine, or in any land adjoining or near to any other mine, that the owner of such last-mentioned mine is or is by the person making such affidavit believed to be encroaching upon such first-mentioned mine or land, the Minister may, by writing under his hand, authorise the Inspector, together with a mining surveyor or experienced miner, to enter upon such last-mentioned mine or land for the purpose of ascertaining whether any such encroachment has been made, and, if so, the extent thereof.

Before granting such authority the Minister shall require the person making or lodging the affidavit to deposit such a sum of money not exceeding one hundred pounds as shall be necessary to cover the cost of such inspection.

The persons so authorised may thereupon enter on the mine or land described in such order, and descend any shaft or enter any mine, and for such purpose use the engines and other machinery ordinarily employed for that purpose by the persons whose shaft or mine shall be descended or entered, and make such plans and sections of the mine or land entered upon, and of any drives or other works therein, as shall be necessary for the purpose aforesaid; and the owner or agent of the mine to be entered upon shall render all necessary assistance to the persons so authorised.

Every such Inspector, surveyor, or miner shall, before entering on such mine or land, make a statutory declaration before any person authorised to take the same that he will not (except as a witness in a Court of Justice, or in reporting on same to the Minister), without the consent in writing of the owner of the mine or land to be entered upon, divulge, or cause to be divulged, to any person whomsoever any information obtained upon or by such entry, save only as to whether such mine is safely worked, and whether such owner is encroaching on such first-mentioned mine or land; and every person who shall act contrary to such declaration, and any owner or agent who shall refuse such assistance as shall be necessary to enable the persons authorised by the Minister to descend the shaft or enter and examine the mine, shall forfeit and pay a sum not exceeding fifty pounds.

If there be no encroachment the Minister may, out of the sum deposited as aforesaid, defray the cost of such inspection, and, if such owner or agent render such assistance as shall be necessary for the purposes aforesaid, may, out of such sum, award to such owner compensation for any loss or expense to which he may be put by reason of such inspection.

In the event of any dispute arising between any miners and the owner or agent of any mine as to any general or special rules, or additional special rules, or between the parties aforesaid and the Inspector as to the administration of the rules, or upon any matter within the scope of this Act (not being an offence against this Act) and not otherwise provided for, the matter in dispute may be referred to the arbitration of one or more arbitrators appointed by the parties on each side respectively and an umpire to be appointed by such arbitrators.

The determination of such arbitrator, or of such arbitrators, or arbitrators and umpire, or of the majority thereof (if there be more than two), shall be final, and the award may be made a rule of the Supreme Court.

The costs of every arbitration under this Act shall be defrayed and paid as the arbitrators may award.

For the purposes of such arbitration, the Minister shall, on behalf of the Governor, be deemed to be a party to such arbitration within the meaning of the following provisions, unless otherwise specially provided by this Act in any particular case:—

If either party shall fail to appoint an arbitrator within twenty-one days after being requested in writing to do so by the other party, then the arbitrator appointed by the other party shall alone conduct the arbitration, and his decision shall be final and binding on both parties.

If the said arbitrators shall fail to act in the matter when referred to them within fourteen days after their appointment, or shall fail to agree upon the matter referred to them within twenty-eight days of the same having been so referred, then the matter so referred shall be decided by an umpire to be appointed by the said arbitrators, whose decision shall be final and binding on both parties.

Every such arbitration shall be carried on in the manner prescribed by “The Arbitration Act, 1890,” and be subject to such last-mentioned Act in the same manner as if the reference to such arbitration had been made by consent of parties under a deed.

Each party shall pay his or its cost of such reference, and any costs incidental to the apportionment of an umpire shall be paid equally by the parties to the arbitration.

Such arbitrators or umpire shall have all the powers vested in Commissioners by “The Commissioners’ Powers Act, 1867.”

Whenever the Minister is a party to an arbitration each party shall appoint their own arbitrator, and a Judge of the Supreme Court, to be nominated by the Governor, shall be the umpire between the said arbitrators.

Every owner of a mine, where there is an accumulation of water, who shall wilfully or negligently permit any water to overflow or percolate into any adjoining mine to the injury thereof, or to the impeding of any working therein, shall be liable to pay to the owner of such adjoining mine a contribution towards the cost of draining the said last-mentioned mine, which shall be in proportion to the amount of water allowed to overflow or percolate into it, and such contribution, with costs, may be recovered by the owner of the said adjoining mine into which the water has been allowed to overflow or percolate in any Court of competent jurisdiction.

But no owner of any mine shall be entitled to claim or to recover any contribution as aforesaid under this section unless he shall have left a barrier of solid coal or unworked ground not less than thirty-three yards thick along the entire line of the boundary dividing his mine from any adjoining mine.

The Governor may from time to time, by Order in Council, make, alter, or revoke regulations for all matters concerning the administration of this Act, and the conduct of officers and persons engaged therein, and for securing safety and the prevention of accidents, and among other things for—

Prescribing terms and conditions for the issue of certificates of competency for manager of a mine, and of engine-drivers in charge of any winding gear for letting down or bringing up persons from mines;

Regulating the examinations to be held with respect to the necessary knowledge and requirements in working a mine for the purpose of ascertaining the fitness of any person applying for any such certificate;

Regulating the management and administration of the funds and moneys mentioned or referred to in section sixty-nine of this Act.

Every Inspector shall, on or before the first day of April in every year, make a report in writing of his proceedings during the year ending on the preceding thirty-first day of December, and transmit the same to the Minister.

The owner, agent, or manager of every mine shall, in the months of January and July in every year, send to the Inspector, on behalf of the Minister, correct half-yearly returns for the preceding six months respectively ending on the last day of the previous months of December and June, specifying the quantity of coal or other mineral produced from such mine, and the number of persons ordinarily employed in or about such mine, below ground and above ground respectively, together with any other information connected with the mine the Minister may from time to time require.

The return shall be in such form as may be prescribed from time to time, and forms for the purpose of such returns shall be furnished on application to the Mines Department; and the Minister may publish the result of such returns.

Every owner, agent, or manager of a mine who fails to comply with this section, or makes any return which is to his knowledge false in any particular, shall be guilty of an offence against this Act.

The owner of every coal-mine, whether situate on private lands or on Crown lands, in addition to the conditions for the payment of any royalty, shall contribute to a fund for the necessary relief of coal-miners who may be injured whilst working in coal-mines, and for the relief of the families of coal-miners who may be killed or injured whilst so working, and for the purpose of such fund shall, in the months of January, April, July, and October in every year, pay a sum equivalent to one halfpenny per ton on the output of the bituminous coal and one farthing per ton on lignite in any coal-mine sold during the preceding three months respectively ending on the last day of the previous months of December, March, June, and September, into the Post-Office Savings-Bank which is nearest to the said mine to the credit of an account called “The Sick and Accident Fund” in connection with the miners’ association of the district where such mine is situated. In case there is no miners’ association, the same shall be paid into the Post-Office Savings-Bank which is nearest to the said mine, to the credit of the Minister of Mines and the Public Trustee, in an account to be called “The Coal-miners’ Relief Fund.”

All moneys so paid into the said sick and accident fund shall be operated upon only by the persons appointed in that behalf by the miners’ association of the district, in accordance with regulations to be from time to time made by the Governor, and all moneys so paid into the Post-Office Savings-Bank shall be operated on only by the aforesaid Minister and Public Trustee jointly for the purposes of the said relief.

Any Inspector of Mines is hereby authorised and empowered, at any reasonable time, to examine from time to time the books of any owner of a coal-mine for the purpose of ascertaining the quantity of coal raised from such mine during any period or periods; and also to ascertain from the proper officer having control of the Sick and Accident Fund of the miners’ association of the district, and from the proper officer at any Post-Office Savings-Bank as aforesaid the amount paid to the credit of the aforesaid fund by any owner of a coal-mine from time to time, and to compare the amounts so paid by any such owner in respect of any quarter of a year with the quantity of coal sold during such quarter as appearing in the books of such mine.

If on such comparison it shall appear that any such owner has not paid into the aforesaid Sick and Accident Fund, or Relief Fund, any amount as hereby prescribed, or only a part thereof, such owner shall be deemed guilty of an offence against this Act, and shall be liable to a penalty of two pounds sterling in respect of each and every pound sterling or fraction of a pound sterling which he should have paid into the said Sick and Accident or Belief Fund respectively; and all penalties recovered under this section, less the expenses incident to the recovery of the same, shall be paid by the Inspector of Mines into the aforesaid Sick and Accident or Relief Fund respectively, and shall form part thereof.

Every owner of a coal-mine who refuses, obstructs, or prevents, or causes the refusal, obstruction, or prevention of the production of the books of the mine, and the free examination of such books for the aforesaid purposes by any Inspector of Mines on his request for such production, shall be deemed guilty of an offence against this Act, and shall be liable to a penalty not exceeding fifty pounds for every day during which such refusal, obstruction, or prevention continues.

In any action brought by a workman against the owner for injuries, the amount to which such workman may be entitled from the said fund shall be taken into consideration in assessing the damages.

“Owner” in this section includes any one or more owners, and any company whether incorporated or not.

No wages or contract-money shall be paid to any person employed in or about any mine to which this Act applies at or within any publichouse, beer-shop, or place for the sale of any spirits, beer, wine, cider, or other spirituous or fermented liquor, or other house of entertainment, or any office, garden, or place belonging or contiguous thereto or occupied therewith.

Every person who contravenes or fails to comply with, or permits any person to contravene or fail to comply with, this section shall be guilty of an offence against this Act; and, in the event of any such contravention or non-compliance by any person whomsoever, the owner, agent, and manager shall each personally be guilty of an offence against this Act, unless be prove that he had taken all reasonable means, by publishing, and to the best of his power enforcing, the provisions of this section, to prevent such contravention or non-compliance.

Where the amount of wages paid to any of the persons employed in a mine depends on the amount of mineral gotten by them, such person shall be paid according to the weight of the mineral gotten by them.

Nothing herein contained shall preclude the owner, agent, or manager of the mine from agreeing with the persons employed in such mine that deductions shall be made in respect of stones or materials other than mineral contracted to be gotten, which shall be sent out of the mine with such mineral, or in respect of any tubs, baskets, or hutches being improperly filled, in those cases where they are filled by the getter of the mineral or his drawer, or by the person immediately employed by him, such deductions being determined by the banksman or weigher and check-weigher (if there be one), or, in case of difference, by a third party to be mutually agreed on by the owner, agent, or manager of the mine on the one band, and the person employed in the mine on the other.

If any person contravenes or fails to comply with, or permits any person to contravene or fail to comply with, this section he shall be guilty of an offence against this Act; and, in the event of any contravention of or non-compliance with this section by any person whomsoever, the owner, agent, and manager shall each be guilty of an offence against this Act, unless be prove that he had taken all reasonable means, by publishing, and to the best of his power enforcing, the provisions of this section, to prevent such contravention and non-compliance.

The persons who are employed in a mine to which this Act applies, and are paid according to the weight of the mineral gotten by them, may, at their own cost, station a person (in this Act referred to as “a check-weigher”), at the place appointed for the weighing of such mineral, in order to take an account of the weight thereof, and if in any mine reasonable facilities are not afforded to him for taking such account the owner and agent of such mine shall each be guilty of an offence against this Act. The check-weigher shall not be authorised in any way to impede or interrupt the working of the mine or to interfere with the weighing, but shall be authorised only to take such account as aforesaid, and his absence shall not be a reason for interrupting or delaying such weighing.

If a check-weigher shall impede or interrupt the working of the mine, or interfere with the weighing, or otherwise misconduct himself, such owner or agent may complain to the nearest Resident Magistrate’s Court, which, if it shall think fit, may call upon the check-weigher to show cause against his removal. Such Court shall hear the parties, and, if it think that sufficient ground is shown to justify the removal of the check-weigher, may make a summary order for his removal, and he shall thereupon be removed. The Court may in every case make such order as to the cost of the proceedings as it thinks just.

The payment of a check-weigher appointed by the persons employed in a mine shall be a charge upon every miner employed in such mine and hewing coal by weight in the said mine, and may be recovered from any such miner.

If the persons employed in a mine are paid by the measure or gauge of the material gotten by them, the provisions of the last-preceding section shall apply in like manner as if the term “weighing” included measuring and gauging, and the terms relating to weighing shall be construed accordingly.

“The Weights and Measures Act, 1868,” shall apply to the weights and machines used in or at any mine for weighing mineral; and the Inspector shall, once at least in every three months, without unnecessarily impeding or interrupting the working of the mine, inspect and examine in manner directed by the said Act the weighing-machines and weights so used, or the measures or gauges used at or in such mines in lieu of weights,

If any mine be worked, and through the default of the owner or agent thereof special or additional rules have not been established for the same according to the provisions of this Act, or the general, special, or additional rules have not been hung up or affixed, or have not after obliteration or destruction been renewed or restored, or if any of such general, special, or additional rules which ought to have been observed by the owner or agent of such mine be neglected or wilfully violated by any such owner or agent, such person shall be liable to a penalty not exceeding twenty pounds; and also,

In case the default or neglect be not remedied with all reasonable despatch after notice in writing thereof given by the Inspector to the owner or agent of such mine, to a further penalty of one pound for every day during which the offence continues after such notice, or, in default of payment of any such penalty, to be imprisoned for any period not exceeding one month.

Every person, other than as mentioned in the last-preceding section, whether or not employed in or about any mine who neglects or wilfully violates any of the special or additional rules established for such mine shall for every such offence be liable to a penalty not exceeding five pounds, or, in default of payment, to be imprisoned for any period not exceeding one month.

Every person who wilfully obstructs any Inspector in the execution of this Act, and every owner, agent, or manager of any mine who refuses or neglects to make or produce as hereinbefore required a plan of the workings of the mine, or to furnish the means necessary for making any entry, inspection, examination, or inquiry under this Act, shall for every such offence be liable to a penalty not exceeding fifty pounds.

Every person who wilfully pulls down, injures, or defaces any notice hung up or affixed as required by this Act shall be guilty of an offence against this Act.

Every person employed in or about a mine other than an owner, agent, or manager, who is guilty of an act or omission which in the case of an owner, agent, or manager would be an offence against this Act, shall be deemed to be guilty of an offence against this Act.

Every person who is guilty of an offence against this Act shall, when no other penalty is fixed by this Act, be liable to a penalty not exceeding, if he is an owner, agent, or manager fifty pounds, and if he is any other person ten pounds, for each offence; and, if the Inspector has given written notice of any such offence, to a further penalty not exceeding five pounds for every day after such notice that such offence continues to be committed.

Every person who wilfully violates or neglects any provision of this Act, or any general or special rule established hereby or here-under, for the violation or neglect of which no penalty is hereby expressly imposed, shall for every such offence be liable to a penalty not exceeding ten pounds.

All penalties imposed by this Act may be recovered summarily before two or more Justices of the Peace under “The Justices of the Peace Act, 1882,” at the suit of the Inspector or at the suit of any other officer authorised in that behalf by the Minister.

All penalties imposed by this Act shall, when recovered, be paid to the Public Account, and shall, except as mentioned in the next succeeding section, be carried to and form part of the Consolidated Fund.

The Governor may direct—

That any penalty imposed for neglecting to send or cause to be sent notice of any accident as required by this Act, or for any offence against this Act which may have occasioned loss of life or personal injury, shall be paid to any relative, or among any relatives of the deceased person, or to the injured person, not being a person who occasioned or contributed to the accident or committed the offence; or

That any portion of any penalty recovered under this Act shall be paid to the person giving the information whereby such penalty was recovered.

The description of any offence under this Act in the words of this Act shall be sufficient in law.

The owner, agent, or manager may, if he think fit, be sworn and examined as an ordinary witness in the case where he is charged in respect of any contravention or non-compliance by another person.

The Court shall, if required by either party, cause minutes of the evidence to be taken and preserved.

Except as hereinbefore mentioned in section fifty-five, all notices under this Act may be in writing or print, or partly in writing and partly in print, and all notices and documents required by this Act to be served or sent by or to the Minister or an Inspector may be either delivered personally or served and sent by post as a registered letter, and, if served or 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 produce the receipt for the registration of such letter.

All costs and expenses incident to carrying the provisions of this Act into effect shall be defrayed out of moneys to be from time to time appropriated by the General Assembly for the purpose.

“The Coal-mines Act, 1886,” and “The Coal-mines Act Amendment Act, 1890,” and section eight of “The Westport-Nga-kawau Railway Extension Act, 1890,” are hereby repealed; but such repeal shall not effect anything done or suffered before the commencement of this Act, and all penalties incurred under the said repealed Acts may be proceeded for and recovered and applied as if this Act had not been passed.

Notwithstanding the said repeal, all Orders in Council, Proclamations, appointments, awards, orders, and rules or regulations made under the said Acts or either of them, and in force at the time of the commencement of this Act, shall continue and be in force until new Orders in Council, Proclamations, appointments, awards, orders, and rules or regulations shall be made under the provisions of this Act.

There shall be implied in every agreement with an owner for the sale or supply of coal by him from a mine a condition that such agreement shall not be binding on him, but shall be suspended during a strike in such mine.