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Coal Mines Inspection.
belonging thereto, at all reasonable Times and Seasons, by Day or Night, but so as not to impede or obstruct the working of the said Coal Mine or Colliery, and to make Inquiry into and touching the State and Condition of such Coal Mine or Colliery, Works and Machinery, and the Ventilation of such Mine or Colliery, and the Mode of lighting or using Lights in the same, and into all Matters and Things connected with or relating to the Safety of the Persons employed in or about the same, and especially to make Inquiry whether the Provisions of this Act are complied with in relation to such Coal Mine or Colliery; and the Owner or Agent of such Coal Mine or Colliery is hereby required to furnish the Means necessary for such Entry, Inspection, Examination, and Inquiry; and if such Inspector find any of the General Rules or any of the Special Rules established for such Coal Mine or Colliery to be neglected or wilfully violated, such Inspector shall forthwith give Notice in Writing thereof to the Owner or Agent of such Coal Mine or Colliery ; and if such Inspector find any Part of such Coal Mine or Colliery, Works or Machinery, or any Aircourses, Airdoors, Waterways, Drains, Pits, Levels, Shafts, or other Matter or Thing in or connected with such Coal Mine or Colliery, or the Mode of lighting or using Lights in the same, to be otherwise dangerous or defective, so as in his Upinion to threaten or tend to the bodily Injury of any Person employed in or about such Coal Mine or Colliery, such Inspector shall thereupon, by Notice in Writing, summon before him at the Colliery Office the Manager or principal Colliery Viewer or Agent having charge of the said Coal Mine or Colliery, in order to his being heard upon the Matter giving rise to such finding as aforesaid ; and if such Manager or principal Colliery Viewer or Agent do not attend after reasonable Notice, or having attended fail to satisfy such Inspector, then such Inspector shall serve Notice in Writing of the particular Grounds on which he is of opinion that the said Coal Mine or Colliery, or any Purt thereof, or any other of the Particulars above mentioned, is dangerous or defective, on the Owner or Agent thereof, and shall also report the same to One of Her Majesty's Principal Secretaries of State ; and in case of any Difference arising thereupon the same shall be determined in the Manner herein-before provided with respect to proposed Alterations or Additions to the Special Rules, and a Copy of such Notice in case of no such Difference as aforesaid, or of the Determination in case of such Difference, arising, shall, if the said Danger or Defect be not forthwith removed or remedied, and if the Secretary of State shall so direct, be hung up or affixed on some conspicuous Part of the principal Office or Place of Business of the Coal Mine or Colliery, and a Copy supplied to every Workman to whom such Notice or Determination shall apply, such Copy so to be hung up or affixed as aforesaid to be removed on the Certificate of the Inspector of the District, or of the Persons by whom such Determination shall have been made, that such Danger or Defect has been removed or remedied : Provided always, that so long as any Copy of such Notice or Determination purporting that the Coal Mine or Colliery, or any Part thereof, or any other
Coal Mines Inspection. of the Particulars above-mentioned, is dangerous or defective, shall remain so hung up or affixed, and the Danger or Defect notified therein shall not be removed or remedied, it shall be lawful for any Person employed in or about such Coal Mine or Colliery to discontinue his Service in any Part of such Coal Mine or Colliery to which Part the said Notice or Determination shall apply, without being therefore liable to be proceeded against under the Act passed in the Fourth Year of the Reign of His late 4 G. 4. C. 34. Majesty King George the Fourth, Chapter Thirty-four, as for Absence from his Service, or Misconduct in the Execution thereof : Provided also, that unless the Owner or Agent on whom the Notice is served as aforesaid shall within Seven Days of such Service signify to the said Inspector his Objections to the same, and at the same Time nominate Three competent Persons as herein-before provided in the Fifth Section, with a view to the Determination of such Objection, such Notice shall be considered good and valid, and shall be hung up or affixed as hereinbefore provided.
VIII. The Owner or Agent of every Coal Mine or Colliery Owners of Coal shall, on the Occasion and for the Purpose of the Inspection and
Mines to proExamination thereof, produce and submit for Examination, to Plans of Mines
duce Maps or any such Inspector as aforesaid, a Map or Plan of the Workings to Inspector. of such Coal Mine or Colliery, upon which Map or Plan shall be If Owners do delineated the several Parts, Aircourses, Airdoors, Waterways, not produce Drains, Pits, Levels, and Shafts in and connected with such Coal Maps, &c. InMine or Colliery; and if such Owner or Agent do not produce spector, may re
quire them to and submit for Examination as aforesaid such a Map or Plan as
be made, aforesaid, or if any such Inspector as aforesaid find that any Portion of any Map or Plan is withheld, or any Part of the Workings of any such Mine or Colliery is concealed from his Inspection, or if he find, on examining and verifying any Map or Plan, that the same is imperfect or inaccurate, he is hereby empowered to require that an accurate Map or Plan of the actual Workings of such Coal Mine or Colliery, and the Works thereto belonging, clearly delineating such Matters and Things as aforesaid, be made within a reasonable Time, by and at the Expense of the Owner of such Mine, on a Scale of not less than Two Chains to One Inch, or on such other Scale as the Plan then used in the Colliery is constructed on; and every such Map or Plan as aforesaid shall show the Workings of the Mine up to within Six Months of the Time of Inspection ; and the Owner or Agent of the Coal Mine or Colliery shall, if required so to do by any such Inspector as aforesaid, mark or cause to be marked on such Map or Plan the Progress of the Workings of the Coal Mine or Colliery up to the Time of his Inspection thereof: Provided that nothing herein contained shall be constructed to authorize any Inspector to make a Copy of the whole or any Part of a Map or Plan which shall be produced or made.
IX. If and when Loss of Life to any Person employed in or Notice of Acabout any Coal Mine or Colliery occurs by reason of any Accident cidents in Mines
to be given to within such Coal Mine or Colliery, or any Pits or Shafts thereof,
Secretary of or any Works or Machinery connected with such Pits or Shafts, State, and to
or the Inspector.
Coal Mines Inspection.
or if any serious personal Injury arises from Explosion therein, the Owner or Agent of such Mine or Colliery shall, within Twentyfour Hours next after such Loss of Life, send Notice of such Accident, under the IIand of such Owner or Agent, to One of Her Majesty's Principal Secretaries of State, and in Scotland to the Lord Advocate, and in all Cases to the Inspector of the District within which such Loss of Life shall occur, and shall specify in such Notice the probable Cause of such Accident; and such Notice may be sent through the Post Office, by Letter addressed to such Secretary of State or Lord Advocate, and to the Inspector of the District at his usual Place of Residence; and every Owner or Agent wlio neglects to send or cause to be sent such Notice as aforesaid within the Time aforesaid, shall for such Offence be liable to a Penalty of not less than Ten Pounds,
and not exceeding Twenty Pounds. Provision for X. Every Coroner holding an Inquest upon the Body of any giving Notice Person whose Death may have been caused by any such Accident to Secretary of as aforesaid, shall (unless some Person be present on behalf of One State of holding of Her Majesty's Principal Secretaries of State to watch the ProInquests on Deaths from
ceedings at such Inquest, or Notice of such Accident shall have Accidents in been sent, Four clear Days at the least previously thereto, through Coal Mines. the Post Office, by Letter addressed to One of such Secretaries of
State, and the sending of the same be proved to the Satisfaction of the Coroner,) adjourn such Inquest, and by Letter sent Tivo Days at the least before holding such adjourned Inquest, through the Post Office, addressed to One of such Secretaries of State, give Notice to such Secretary of State of the Time and Place of holding the same: Provided always, that it shall be lawful for such Coroner, before the Adjournment of any such Inquest, to take Evidence to
identify the Body, and to order the Interment thereof. Penalties for XI. "If after the Thirty-first Day of December One thousand Offences against eight hundred and fifty-five any Coal Mine or Colliery be worked, this Act.
and, through the Default of the Owner thereof, Special Rules have not been established for the same, according to the Provisions of this Act, or the General Rules, or the Special Rules for such Coal Mine or Colliery, by this Act required to be established, have not been hung up or affixed, or have not, after Obliteration or Destruction, been renewed or restored, as required by this Act, or any of such General Rules or Special Rules which ought to be observed by the Owner and principal Agent or Viewer of such Coal Mine or Colliery, be neglected or wilfully violated by any such Owner, Agent, or Viewer, such Person shall be liable to a Penalty of not exceeding Five Pounds; and also, in case the Default or Neglect be not remedied with all reasonable Despatch, after Notice in Writing thereof given by an Inspector to the Owner or Agent of such Coal Mine or Colliery, to a further Penalty of not exceeding One Pound for every Day during which the Offence continues after such Notice ; and every Person, other than aforesaid, employed in or about a Coal Mine or Colliery, who neglects or wilfully violates any of the Special Rules established for such Coal Mine or Colliery, shall for every such Offence be liable to a Penalty not exceeding Two Pounds; or to be imprisoned, with or Coal Mines Inspection.
without Hard Labour, in the Common Gaol or House of Correction for any Period not exceeding Three Calendar Months; or to be proceeded against and punished according to the Provisions of the Act Fourth George the Fourth, Chapter Thirty-four, intituled An Act to enlarge the Power of Justices in determining Complaints 4 G. 4. c. 34. between Masters and Servants.
XII. Every Owner or Principal Agent of any Coal Mine or Penalty for Colliery who refuses or neglects to produce, as herein-before obstructing required, a Map or Plan of the Workings of a Colliery to any Inspectors. Inspector, or to furnish to said Inspector the Means necessary for making any Entry, Inspection, Examination, or Inquiry under this Act, and every Person who wilfully obstructs any Inspector in the Execution of this Act, shall for every such Offence be liable to a Penalty of not less than Five Pounds and not exceeding Ten Pounds.
XIII. Every Person who pulls down, injures, or defaces any Penalty for deNotice hung up or affixed as required by this Act shall for erery facing Notice. such Offence be liable to a Penalty of not exceeding Forty Shillings.
XIV. All Penalties imposed by this Act may be recovered in Penalties how a summary Manner before Two Justices of the Peace, or in Scot- recoverable. land before the Sheriff having Jurisdiction in the County or Place where the Offence is committed, within Three Months of the Commission of the same, in the Manner prescribed by the Law in that Behalf; and it shall be lawful for the Commissioners of Her Majesty's Treasury, upon the Recommendation of One of Her Majesty's Principal Secretaries of State, to direct that any Penalty imposed for neglecting to send or cause to be sent Notice of any Accident, as required by this Act, shall be paid to or among any of the Family or Relatives of any Person or Persons killed by such Accident, as he may think fit; and, save as aforesaid, all Penalties imposed by this Act shall, when recovered, be paid, for the Use of Her Majesty, to the Sheriff or other proper Officer of the County, Riding, Division, or Place for which the Justices or other competent Authority before whom the Penalty is recovered shall have acted.
XV. A Copy of the Special Rules for the Time being esta- Certified Copy blished in any Coal Mine or Colliery, certified under the Hands of Special Rules of One of the Inspectors to be a Copy of the Special Rules esta
to be Evidence. blished in such Coal Mine or Colliery, shall be Evidence of such Special Rules, and of their being duly established under this Act, without further Proof.
XVI. Every Inspector shall on or before the First Day of Reports of InMarch in every Year make a separate and distinct Report in spectors to be Writing of his Proceedings during the preceding Year, and shall laid before Partransmit the same to One of Her Majesty's Principal Secretaries
liament. of State, and a Copy of such Report shall be laid before both Houses of Parliament.
XVII. In the Construction of this Act the Term “ Owner” of Interpretation a Coal Mine or Colliery shall mean the immediate Proprietor, of Terms. Lessee, or Occupier of a Coal Mine or Colliery or of any Part thereof; and the Term “Agent” of a Mine shall mean any Person
Coal Mines Inspection.
having on behalf of the Owner of any Mine the Care or Direction
XVIII. This Act shall not extend to Ireland.
Extent of Act.
CA P. CIX.
Advances out of the Consolidated Fund for the Erection
[14th August 1855.]
that Case made and provided, certain Asylums for the · Lunatic Poor in Ireland were from Time to Time ordered by
the Lord Lieutenant and Privy Council of Ireland to be erected,
enlarged, or extended : And whereas certain Sums of Money • have been advanced from Time to Time by the Commissioners
of Her Majesty's Treasury, out of the growing Produce of the · Consolidated Fund of the United Kingdom arising in Ireland,
for the Purpose of defraying the Expenses of such Erection, · Enlargement, and Extension of the said Asylums, such Ad
vances having been made in certain Cases under and by virtue • of an Order or Orders of the Lord Lieutenant and Privy Council • of Ireland, and in certain other Cases without such Order or • Orders : And whereas Provision is made by the Statutes afore
said that it shall and may be lawful for the Lord Lieutenant and • Privy Council to make Orders for the Repayment by the Coun• ties forming the District of any such Asylums of the Monies so • ordered by the Lord Lieutenant and Privy Council to be ad"vanced : And whereas it is doubtful whether it is competent for " the Lord Lieutenant and Privy Council to make Orders for the • Repayment of those Sums for the Advance of which no Orders
in Council were made : And whereas it is expedient to make better Provision for the Repayment of the whole of such Sum
or Sums so advanced as aforesaid : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1. From and after the passing of this Act, in every Case where any of the Asylums so ordered to be erected, enlarged, or extended
On Completion of Asylum, Commissioners