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An Act to amend the Law for the Inspection of Coal Mines in Great Britain.

18 & 19 Vict. Cap. 108.

[14th August 1855.]

Whereas an Act of the Session of Parliament holden in the Thirteenth and Fourteenth Years of Her Majesty, Chapter One hundred, was passed "for Inspection of Coal Mines in Great Britain ;" And whereas, with a view to the Safety of the Persons employed in such Mines, it is expedient that further Provision be made for the Inspection and Regulation thereof : 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 :

I. The said Act of the Thirteenth and Fourteenth Years of Her Majesty shall be repealed: Provided always, that the Inspectors of Coal Mines appointed under such Act shall continue to be such Inspectors under this Act, subject, nevertheless, to Removal by One of Her Majesty's Principal Secretaries of State ; provided also, that all Penalties incurred under the said Act before the Repeal thereof may be proceeded for and applied as if this Act had not been passed.

II. It shall be lawful for One of Her Majesty's Principal Secretaries of State from Time to Time to appoint any fit Person or Persons to be an Inspector or Inspectors of Coal Mines, and from Time to Time to remove any such Inspector or Inspectors ; and Notice of the Appointment of every such Inspector shall be published in the London Gazette.

III. No Person who shall act or practise as a Land Agent, or as a Manager, Viewer, or Agent, or Mining Engineer, or Valuer of Mines, or Arbitrator in any Matters of Dispute arising between Owners of Mines, or be otherwise employed in any Coal Mine or Colliery, shall act as an Inspector of Coal Mines under this Act.

IV. The following Rules (herein-after referred to as the General Rules) shall be observed in every Coal Mine and Colliery by the Owner and Agent thereof :

1. An adequate Amount of Ventilation shall be constantly produced at all Collieries to dilute and render harmless noxious Gases to such an Extent as that the working Places of the Pits and Levels of such Collieries shall under ordinary Circumstances be in a fit State for working :

2. Every Shaft or Pit which is out of Use, or used only as an Air Pit, shall be securely fenced :

3. Every Working and Pumping Pit or Shaft shall be properly fenced when not at work :

4. Every Working and Pumping Pit or Shaft where the natural Strata under ordinary Circumstances are not safe shall be securely cased or lined :

5. Every Working Pit or Shaft shall be provided with some proper Means of signalling from the Bottom of the Shaft to the Surface, and from the Surface to the Bottom of the Shaft :

6. A proper Indicator to show the Position of the Load in the Pit or Shaft, and also an adequate Break, shall be attached to every Machine worked by Steam or Water Power used for lowering or raising Persons :

7. Every Steam Boiler shall be provided with a proper Steam Gauge, Water Gauge, and Safety Valve

V. In addition to the General Rules, there shall be established and observed in every Coal Mine or Colliery such other Rules (herein-after referred to as Special Rules) for the Conduct and Guidance of the Persons acting in the Management of such Coal Mine or Colliery, and of all Persons employed in or about the same, as under the particular State and Circumstances of such Coal Mine or Colliery may appear best calculated to prevent dangerous Accidents; and such Special Rules for each Coal Mine or Colliery shall be by the Owner thereof, and forthwith transmitted to One of Her Majesty's Principal Secretaries of State ; and such Rules, if not objected to by such Secretary of State within Forty Days from the Day upon which they are received by him, shall be established ; and in case such Secretary of State shall be of opinion that such Rules or any of them do not sufficiently provide for the Safety of the Person or Persons employed in or about such Coal Mine or Colliery, it shall be lawful for such Secretary of State, within the Forty Days aforesaid, to propose any Alterations in or Additions to such Special Rules ; and in case such Owner shall not, within Twenty Days from the Day on which such Alterations or Additions are proposed to him, object to the same, the Special Rules shall be established with such Alterations and Additions ; and in case such Owner shall, within the said Twenty Days, object to such Alterations or Additions or any of them, it shall be lawful for such Owner, within Seven Days after he shall have so objected, to nominate Three or more practical Mining Engineers or other competent Persons of Experience in the District within which such Coal Mine or Colliery is situate, and who shall not be interested in or employed in the Management of such Coal Mine or Colliery, of whom such Secretary of State may appoint One or more, to determine the Matter in difference, and to decide what Special Rules shall be established in such Coal Mine or Colliery ; and if such Owner shall not within such Seven Days nominate such Mining Engineers as aforesaid, or if such Secretary of State shall not within One Month from the Time of such Nomination appoint One or more of the Persons so nominated by the Owner as aforesaid, then and in such Case Two such Mining Engineers or other competent Persons as aforesaid shall be appointed, One of whom shall be named by the Owner of such Coal Mine or Colliery, and One by the Secretary of State; and the said Persons so appointed shall, before they proceed to determine the Matters in difference, and to decide what Special Rules shall be established in such Coal Mine or Colliery, appoint a Third Person, being such Mining Engineer or such other competent Person as aforesaid, to be their Umpire in case of Difference of Opinion between them ; and the Determination of such Persons and the said Umpire, or of any Two of them, shall be final, and the Special Rules shall be established accordingly : Provided, that after such Rules are established it shall be lawful for the Owner of any Coal Mine or Colliery (or for the Secretary of State) to propose from Time to Time any Amendments of such Rules, which Amendments, if not objected to by the Secretary of State within the Time aforesaid, or Owners, as the Case may be, shall be established; and in case of Objection being made to any of them, and of a Difference arising out of such Objection, the same Proceedings shall be had respecting them as herein-before provided in reference to the Special Rules when originally submitted to such Secretary of State, and objected to: Provided also, that the Amount of Payment to be made to all such Persons, and to such Umpire so nominated or appointed as aforesaid, for their Services, shall be fixed by such Secretary of State, and paid in equal Moieties by such Owner and the Commissioners of Her Majesty's Treasury, who are hereby authorized to make such Payment accordingly.

VI. For the Purpose of making known the General Rules and Special Rules to all Persons employed in or about each Coal Mine or Colliery, the Owner thereof shall cause the General Rules and the Special Rules for such Coal Mine or Colliery to be painted on a Board or printed upon Paper to be pasted thereon, and shall cause such Board to be hung up or affixed on some conspicuous Part of the principal Office or Place of Business of the Coal Mine or Colliery ; and the General Rules and Special Rules so painted or printed and hung up shall be renewed and restored with all reasonable Despatch as often as the same or any Part thereof may be defaced, obliterated, or destroyed ; and a printed Copy of such General and Special Rules shall be supplied to all Persons employed in and about the same.

VII. It shall be lawful for any Inspector to enter, inspect, and examine any Coal Mine or Colliery, and the Works and Machinery 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 Opinion 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 Part 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 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 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 herein-before provided.

VIII. The Owner or Agent of every Coal Mine or Colliery shall, on the Occasion and for the Purpose of the Inspection and Examination thereof, produce and submit for Examination to any such Inspector as aforesaid a Map or Plan of the Workings of such Coal Mine or Colliery, upon which Map or Plan shall be delineated the several Parts, Aircourses, Airdoors, Waterways, Drains, Pits, Levels, and Shafts in and connected with such Coal Mine or Colliery ; and if such Owner or Agent do not produce and submit for Examination as aforesaid such a Map or Plan as 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 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 about any Coal Mine or Notice of Colliery occurs by reason of any Accident within such Coal Mine or Colliery, or any Pits or Shafts thereof, or any Works or Machinery connected with such Pits or Shafts, or if any serious personal Injury arises from Explosion therein, the Owner or Agent of such Mine or Colliery shall, within Twenty-four Hours next after such Loss of Life, send Notice of such Accident, under the Hand 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 who 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.

X. Every Coroner holding an Inquest upon the Body of any Person whose Death may have been caused by any such Accident as aforesaid shall (unless some Person be present on behalf of One of Her Majesty's Principal Secretaries of State to watch the Proceedings at such Inquest, or Notice of such Accident shall have been sent, Four clear Days at the least previously thereto, through 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 Two 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.

XI. If after the Thirty-first Day of December One thousand eight hundred and fifty-five, any Coal Mine or Colliery be worked, 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 Dispatch, 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 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 between Masters and Servants.

XII. Every Owner or principal Agent of any Coal Mine or Colliery who refuses or neglects to produce, as herein-before required, a Map or Plan of the Workings of a Colliery to any 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 Notice hung up or affixed as required by this Act shall for every such Offence be liable to a Penalty of not exceeding Forty Shillings.

XIV. All Penalties imposed by this Act may be recovered in a summary Manner before Two Justices of the Peace, or in Scotland 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 established in any Coal Mine or Colliery, certified under the Hands of One of the Inspectors to be a Copy of the Special Rules established 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 March in every Year make a separate and distinct Report in Writing of his Proceedings during the preceding Year, and shall transmit the same to One of Her Majesty's Principal Secretaries 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 a Coal Mine or Colliery shall mean the immediate Proprietor, 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 having on behalf of the Owner of any Mine the Care or Direction thereof ; and the Term "Inspector" or "Inspectors" shall respectively mean an Inspector or Inspectors of Coal Mines appointed under the said Act of the Thirteenth and Fourteenth Years of Her Majesty or this Act ; and the Term "District" shall mean that Portion of Great Britain which shall be assigned to any One of such Inspectors.

XVIII. This Act shall not extend to Ireland.

XIX. This Act shall continue until the Expiration of Five Years after the passing of this Act, and thenceforth until the End of the then next Session of Parliament.