Protection of Animals.-Under Section 109 a set of seventeen Regulations contained in the 3rd Schedule to the Act must be observed in every mine. The Secretary of State is to appoint fit persons to be special inspectors for the purpose of examining into the care and treatment of the horses and other animals used in mines, and of enforcing the provisions of the Act relating to horses and other animals.

Accidents arising during Rescue Work.-Under Section 110, the Workmen's Compensation Act is to apply where an accident occurs to a workman in the course of his training as a member of the rescue brigade, or while engaged in rescue work or ambulance work.

Manner of settling Disputes.-Under Section 116 disputes are to be referred to such one of the panel of referees appointed under the Act as may be selected in manner provided by rules made for the purpose, and the decision of the referee is to be final.

Legislation not affected by the Coal Mines Act, 1911.The Coal Mines Act, 1911, did not repeal the Coal Mines Regulation Act, 1908, particulars of which have already been given at p. 39, nor such part of existing legislation as related to checkweighing, namely, Sections 12 to 15 of the Coal Mines Regulation Act, 1887, and the Coal Mines (Checkweigher) Act, 1894, and the Coal Mines (Weighing of Minerals) Act, 1905, which are set out in full in Appendix XI. (c), and of which a summary immediately follows.

Checkweighing.-Section 12 of the Act of 1887 recognises the custom of paying wages to persons employed in a mine according to the actual weight gotten by them of the mineral contracted to be gotten, and the custom of making deductions in respect of (a) stones or substances other than the mineral contracted to be gotten and sent out of the mine with the mineral, and (b) tubs, baskets, or hutches improperly filled by the getter of the mineral or his drawer, or by the person immediately employed by him. It provides that the mineral gotten shall be truly weighed at a place as near to the pit mouth as is reasonably practicable, and that deductions shall be agreed upon (a) in some special mode

agreed upon between the owner, agent, or manager, on the one hand, and the persons employed in the mine on the other, or (b) by some person appointed on that behalf by the owner, agent, or manager, and the men's checkweigher,' or in case of difference by a third person mutually agreed on, or in default of agreement appointed by a Chairman of a local Court of Quarter Sessions.

Section 13 provides that the persons who are employed in a mine and are paid according to the weight of the mineral gotten by them, may at their own cost station a' checkweigher' at each place appointed for the weighing of the mineral, and at each place appointed for determining the deductions, in order that he may, on behalf of the persons by whom he is so stationed, take a correct account of the weight of the mineral, or determine correctly the deductions as the case may be. A checkweigher is to have every facility afforded to him for fulfilling his duties. He is not authorised in any way to impede or interrupt the working of the mine, or to interfere with the weighing or with any of the workmen, or with the management of the mine. If he is guilty of doing any of these forbidden acts an application may be made to a Court of Summary Jurisdiction for his removal.

Under Section 14, where a checkweigher has been appointed by the majority, ascertained by ballot, of the persons employed in a mine who are paid according to the weight of the mineral gotten by them, and has acted as such, he may recover a proportion of his wage from all persons so employed and paid; and it is lawful for the owner or manager, where the majority of the employed persons, ascertained by ballot, so agree, to retain the agreed contribution for the checkweigher, notwithstanding the provisions of the Truck Acts, and to pay and account for the same to the checkweigher.

Under Section 15 the Weights and Measures Act, 1878, is applied to all the weighing apparatus used for determining the wages payable, and an inspector under that Act must, once at least in every six months, inspect and examine the apparatus.

The Coal Mines (Checkweigher) Act, 1894, penalises (a) any interference by the owner, agent, or manager of a mine with the appointment of a checkweigher, (b) the refusal of proper facilities for his appointment, and (c) the exercise of improper influence in respect of such appointment or reappointment.

The Coal Mines (Weighing of Minerals) Act, 1905, provides for the appointment of a deputy checkweigher and for further facilities for the checkweighing. It also includes an extension of the classes of workers liable to contribute to the checkweigher's wages. Due notice of intention to appoint a checkweigher or deputy must be given to all persons who have a right to vote.

LEGISLATION AS TO METALLIFEROUS MINES

The Metalliferous Mines Regulation Act, 1872, which still regulates mines other than coal mines, closely followed the wording of the Coal Mines Regulation Act of the same date, and as considerable portions of the latter Act have been re-enacted in the Coal Mines Act, 1911, reference will from time to time be made to certain sections of the Act of 1911.

By the second section of the Metalliferous Mines Regulation Act, 1872, the Act applies to every mine of whatever description other than a coal mine, as defined by the Acts relating to Coal Mines.

Sections 3 to 8 of the Act, as modified by the Mines (Prohibition of Child Labour Underground) Act, 1900, govern the employment of women, young persons, and children, and have already been dealt with in Chapters X. and XI.

Section 9 prohibits the payment of wages in public houses, and is in substantially the same terms as Subsections (1) and (3) of Section 96 of the Coal Mines Act, 1911.

Section 10 of the Act of 1872 was repealed by the Metalliferous Mines Regulation Act, 1875; Section I of this latter Act provides for annual returns of minerals worked and persons employed.

Section II of the Act of 1872 relates to notification of

accidents. Where in or about any mine to which the Act applies, whether above or below ground, either

(1) loss of life or any personal injury to any person employed in or about the mine occurs by reason of any explosion of gas, powder, or any steam-boiler; or

(2) loss of life or any serious personal injury to any person employed in or about the mine occurs by reason of any accident whatever,

the owner or agent of the mine must within 24 hours next after the explosion or accident send notice in writing of the explosion or accident, and of the loss of life or personal injury occasioned thereby, to the inspector of the district on behalf of a Secretary of State, and shall specify in such notice the character of the explosion or accident, and the number of persons killed and injured respectively. The rest of the section is identical with Section 80, Subsections 3 and 4, of the Coal Mines Act, 1911.

Section 12 relates to the notice to be given on the opening or abandonment of a mine, and follows the lines of Section 19 of the Coal Mines Act, 1911, except that there is no reference to outlets or seams, and there is a proviso that the section shall apply only to any working or mine in which more than twelve persons are ordinarily employed below ground, and that in the case of a partnership working in a mine within the stannaries of Devon and Cornwall, if notice of every change in the purser of the partnership is sent as required by this section, notice of a change in the members of such partnership need not be sent.

Section 13 deals with the fencing of abandoned mines and follows the lines of Section 26 of the Coal Mines Act, 1911. The top of the shaft and any side entrance from the surface must be, and be kept, securely fenced for the prevention of accidents. Where the abandonment occurred in the case of a mine before the passing of the Act, the section only applies to such shaft or side entrance as is situate within fifty yards of any highway, road, footpath, or place of public resort, or in open or unenclosed land, or, not being so situate, is required by an inspector, in writing, to be fenced, on the ground that it is specially dangerous. An unfenced shaft or

side entrance is to be deemed a public nuisance only if it is situate within fifty yards of any highway, road, footpath, or place of public resort, or is in open or unenclosed land, or is specially required by an inspector to be fenced.

Section 14 deals with plans of abandoned mines. Where any mine in which more than twelve persons have ordinarily been employed below ground is abandoned, the owner of such mine at the time of the abandonment must within three months after such abandonment send to the Secretary of State an accurate plan, on a scale of not less than a scale of two chains to one inch, or on such other scale as the plan last used in the mine 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 the care of the Secretary of State.

Sections 15 to 20 deal with inspection. Sections 15 and 16, which relate to the appointment of inspectors and the disqualification of persons as inspectors, follow the lines of Section 97 of the Coal Mines Act, 1911. It should be noted that any person appointed or acting as inspector under the Act of 1911, if directed by a Secretary of State to act as an inspector under the Act of 1872, may so act, and is to be deemed an inspector under the Act.

Section 17, which relates to the powers of inspectors, follows the lines of Section 98 of the Coal Mines Act, 1911, but omits the reference in Subsection 1 (iii.) to animals, and Subsection 3.

Section 18, which deals with notice to be given by inspectors of causes of dangers not provided for by the rules, is on the lines of Section 99 of the Coal Mines Act, 1911; it omits, however, the requisition as to withdrawal of the men employed; it allows twenty days for objections, etc., instead of seven days; and it refers disputes to arbitration under Section 21.

Section 19 deals with the keeping of plans of mines in which more than twelve persons are ordinarily employed below ground. It is a simplified version of Section 20 of the Coal Mines Act, 1911.

Section 20 deals with the annual reports of inspectors