any variation which he considers necessary or expedient, and effect shall be given to those recommendations in the Order, if made.

(5) The reference committee may appoint any person or persons possessing legal or special knowledge to act as assessor or assessors to the referee.

(6) If the Secretary of State considers that any objection, though not a general objection, is of such a character that it is desirable to refer it to a referee, he may so refer it, and in that case the foregoing provisions shall apply as in the case of a general objection.

(7) If any objection, though not a general objection, is made on behalf of the owners of mines of any particular class or mines in any separate area, and it is alleged in the objection that having regard to the special natural conditions or special methods of working in mines of that class or mines in that area the proposed Regulations ought not to apply to those mines, the Secretary of State shall, unless he is of opinion that the objection is frivolous, refer it to a referee, and in that case the foregoing provisions shall apply as in the case of a general objection.

"

(8) For the purposes of this section a "general objection means an objection made either by or on behalf of owners of mines employing not less than one-third of the total number of men employed at the mines affected by the proposed Order, or, if the Order contains different provisions for different classes of mines, of the total number of men employed in any such class of mines, or by or on behalf of not less than one-third of the total number of men so employed.

The number of men employed shall be calculated in accordance with the returns for the last preceding year sent by owners of mines to the inspectors in pursuance of the provisions of this Act.

(b) THE SECOND SCHEDULE TO THE COAL MINES ACT, 1911 PART II. PROCEDURE IN CASE OF SPECIAL REGULATIONS SENT TO SECRETARY OF STATE FOR APPROVAL (SECTION 87) (1) Where any Special Regulations have been sent under this Act to the Secretary of State for approval he shall consider the Regulations and either approve or disapprove the same.

Where the Secretary of State disapproves the Special Regulations, no further action shall be taken in the matter.j

Before the Secretary of State approves the Special Regulations there shall be published, in such manner as he may think best adapted for informing persons affected, notice of the proposal to make the Regulations and of the place where copies of the

Draft Regulations may be obtained and of the time (which shall not be less than thirty days) in which any objections with respect to the Draft Regulations made by or on behalf of persons affected must be sent to the Secretary of State.

(2) Every objection must be in writing and state(a) The specific grounds of objection;

(b) The omissions, additions, or modifications asked for. (3) The Secretary of State shall consider any objection made by or on behalf of persons appearing to him to be affected which is sent to him within the required time, and he may, before approving the Special Regulations, require such amendments to be made therein as he may think fit.

(4) If the owner or a majority of workmen who have sent any objection to any Special Regulations sent for approval feel aggrieved by the refusal of the Secretary of State to give effect to their objection, the objection shall be referred to such one of the panel of referees appointed under this Act as may be selected in manner provided by the Rules made for the purpose.

If, on any such reference, the referee considers that the Regulations should be varied to meet the objection, he shall recommend any variation which he considers necessary or expedient, and the Secretary of State, before approving the Regulations, shall require that variation to be made.

(c) LEGISLATION AS TO CHECK-WEIGHING

(1) The Coal Mines Regulation Act, 1887

Section 12 (1).-Where the amount of wages paid to any of the persons employed in a mine depends on the amount of coal gotten by them, those persons shall be paid according to the actual weight gotten by them of the mineral contracted to be gotten, and the mineral gotten by them shall be truly weighed at a place as near to the pit mouth as is reasonably practicable, provided that nothing in this section shall preclude the owner, agent, or manager of the mine from agreeing with the persons employed in the mine that deductions shall be made in respect of stones or substances other than the mineral contracted to be gotten, which shall be sent out of the mine with the mineral contracted to be gotten, 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 in such special mode as may be agreed upon between the owner, agent, or manager of the mine on the one hand and the persons employed in the mine on the other, or by some person appointed on that

behalf by the owner, agent, or manager, or (if any check-weigher is stationed for this purpose as hereinafter mentioned) by such person and such check-weigher, or in case of difference by a third person to be mutually agreed on by the owner, agent, or manager of the mine on the one hand and the persons employed in the mine on the other, or in default of agreement appointed by a chairman of a Court of Quarter Sessions within the jurisdiction of which any shaft of the mine is situate.

(2) 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 such contravention or non-compliance by any person whomsoever, the owner, agent, and manager of the mine shall each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means by publishing and to the best of his power enforcing the provisions of this section to prevent the contravention or non-compliance.

(3) Where it is proved to the satisfaction of a Secretary of State, in the case of any mine or class of mines employing not more than thirty persons underground, to be expedient that the persons employed therein should, upon the joint representation of the owner or owners of any such mine or class of mines, and the said persons, be paid by any method other than that provided by this Act, such Secretary of State may, if he think fit, by Order allow the same either without conditions or during the time and on the conditions specified in the Order.

Section 13 (1).-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 person (in this Act referred to as a' check-weigher ') 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.

(2) A check-weigher shall have every facility afforded to him for enabling him to fulfil the duties for which he is stationed, including facilities for examining and testing the weighingmachine, and checking the tareing of tubs and trams where necessary; and if at any time proper facilities are not afforded to a check-weigher as required by this section, the owner, agent, and manager of the mine shall each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means to enforce to the best of his power the requirements of the section.

(3) A check-weigher shall not be 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; but shall be authorised only to take such account or determine such deductions as aforesaid, and the absence of a check-weigher from the place at which he is stationed shall not be a reason for interrupting or delaying the weighing or the determination of deductions at such place respectively, but the same shall be done or made by the person appointed in that behalf by the owner, agent, or manager, unless the absent check-weigher had reasonable ground to suppose that the weighing or the determination of the deductions, as the case may be, would not be proceeded with: Provided always that nothing in this section shall prevent a check-weigher giving to any workman an account of the mineral gotten by him, or information with respect to the weighing, or the weighing-machine, or the tareing of the tubs or trams, or with respect to the deductions or any other matter within the scope of his duties as check-weigher, so always, nevertheless, that the working of the mine be not interrupted or impeded.

(4) If the owner, agent, or manager of the mine desires the removal of a check-weigher on the ground that the check-weigher has impeded or interrupted the working of the mine, or interfered with the weighing or with any of the workmen, or with the management of the mine, or has at the mine, to the detriment of the owner, agent, or manager, done anything beyond taking such account, determining such deductions, or giving such information as aforesaid, he may complain to a Court of Summary Jurisdiction, who, if of opinion that the owner, agent, or manager shows sufficient prima facie ground for the removal of the check-weigher, shall call on the check-weigher to show cause against his removal.

(5) On the hearing of the case the Court shall hear the parties, and, if they think that at the hearing sufficient ground is shown by the owner, agent, or manager to justify the removal of the check-weigher, shall make a summary Order for his removal, and the check-weigher shall thereupon be removed, but without prejudice, to the stationing of another check-weigher in his place. (6) The Court may in every case make such Order as to costs of the proceedings as the Court may think just.

(7) If in pursuance of any Order of exemption made by a Secretary of State the persons employed in a mine are paid by the measure or gauge of the material gotten by them, the provisions of this Act shall apply in like manner as if the term weighing' included measuring and gauging, and the terms relating to weighing shall be construed accordingly.

(8) If the person appointed by the owner, agent, or manager to weigh the mineral impedes or interrupts the check-weigher in the proper discharge of his duties, or improperly interferes with or alters the weighing-machine or the tare in order to prevent a

correct account being taken of the weighing and tareing, he shall be guilty of an offence against this Act.

Section 14 (1). Where a check-weigher 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 from any person for the time being employed at such mine and so paid, his proportion of the check-weigher's wages or recompense, notwithstanding that any of the persons by whom the check-weigher was appointed may have left the mine or others have entered the same since the check-weigher's appointment, any rule of law or equity to the contrary notwithstanding.

(2) It shall be lawful for the owner or manager of any mine where the majority of the before-mentioned persons, ascertained as aforesaid, so agree, to retain the agreed contribution of the persons so employed and paid as aforesaid for the check-weigher, notwithstanding the provisions of the Acts relating to truck, and to pay and account for the same to the check-weigher.

Section 15 (1).-The Weights and Measures Act, 1878, shall apply to all weights, balances, scales, steelyards, and weighingmachines used at any mine for determining the wages payable to any person employed in the mine according to the weight of the mineral gotten by him, in like manner as it applies to weights, balances, scales, steelyards, and weighing-machines used for trade.

(2) An inspector of weights and measures appointed under the said Act shall once at least in every six months inspect and examine in manner directed by the said Act the weights, balances, scales, steelyards, and weighing-machines used or in the possession of any person for use as aforesaid at any mine within his district; and shall also make such inspection and examination at any other time in any case where he has reasonable cause to believe that there is in use at the mine any false or unjust weight, balance, scale, steelyard, or weighing-machine.

(3) The inspector shall also inspect and examine the measures and gauges in use at the mines within his district; but nothing in this section shall prevent or interfere with the use of the measures or gauges ordinarily used at the mine.

(4) An inspector may, for the purposes of this section, without any authorisation from a justice of the peace, exercise at or in any mine, as respects all weights, measures, scales, balances, steelyards, and weighing-machines used or in possession of any person for use at or in that mine, all such powers as he could exercise, if authorised in writing by a justice of the peace, under Section 48 of the Weights and Measures Act, 1878, with respect to any such weights, measures, scales, balances, steelyards, and