terest and concern in such manufactory of salt that the said state could rightfully be entitled to expect as hereinafter provided by law.

SEC. 6. All timber or as much thereof as may be necessary with such other privileges and immunities as may belong to said reserve are hereby declared to be for the benefit of such lessee or lessees as may undertake the manufactory of salt, under the provisions of this act or to any person or persons who may engage in the discovery of salt water.

GALLATIN COUNTY SALINE.

LAWS 1840-41, P. 294.

FEBRUARY 27, 1841.

AN ACT to amend an act entitled "An act relating to the Gallatin Salines and the lands belonging to the same," approved January 26 (16), A. D. 1836. SEC. 1. Be it enacted, etc.: That William J. Gatewood of the County of Gallatin is hereby appointed commissioner for the purpose of carrying out the provisions of the act to which this is an amendment as well as the provisions of such acts in relation to the Gallatin Saline as are still in force and unrepealed. SEC. 2. Said commissioner shall proceed to sell the lands belonging to said saline either at public sale, by giving previous public notice of the same, or by private entry, if it be more eligible, reserving whenever unsold, all salt water wells with the saline lots belonging to them, as well (as) the common attached to said lot.

SEC. 3. Said commissioner is hereby vested with full power to demand, sue for and recover all money due the state for the rents or sales of said salines or from commissioners or agents hereafter employed in relation to the same; and he is hereby required to proceed to recover all debts due to the state, on account of said salines for the purpose of making a final settlement of this matter.

SALE OF GALLATIN COUNTY SALINE RESERVE. LAWS 1846-7, P. 114.

FEBRUARY 23, 1847. AN ACT to authorize the Governor of this State to sell the salt welis and coal lands in the Saline Reserve, in Gallatin county, for State indebtedness, and for other purposes.

SECTION 1. Be it enacted, etc.: That it shall be the duty of the Governor of this State to cause to be sold at public auction, in Equality, in this State. to the highest bidder, for internal improvement bonds, or railroad scrip, (exciuding the Macalister and Stebbins' bonds,) issued by authority of this State, all the salt wells, coal lands, and other lands in the Gallatin county "Saline reserve," not heretofore disposed of; and to make and execute proper and sufficient patents or deeds of conveyance to the purchaser or purchasers thereof: Provided, that he shall give notice of such sale for three months previous thereto in some public newspaper or newspapers in this State, and, also, in Pittsburg, Charlestown, Kanawha county, Virginia, Cincinnati, and Louisville: Provided, also, before said sale shall be advertised, the present lessee or lessees of said salt wells, and other lands, shall file their written surrender of their leases in the office of the auditor of this State, for the time unexpired since the first day of December last, from which time the said lessee or lessees shall be exonerated from the payment or rent by their bond or bonds subsequently accruing.

SEC. 2. Said salt wells, and lots connected therewith, and said coal lands and other lands belonging to the State within said reserve, shall be appraised by

commissioners to be appointed by the Governor, not exceeding three in number, who shall take an oath faithfully to value and appraise the said wells and lands in such State indebtedness, and to make a return thereof to the auctioneer or agent appointed by the Governor to sell the same, which shall be regarded as the minimum price of said wells and lands, below which they shall not be sold.

SEC. 3. The line of pipes and other fixtures belonging to the State, of whatever kind or description, shall, also, be appraised and sold as aforesaid.

SEC. 4. The wells and the lots set apart for the use of the same, the coal lands or lots, and the other lands owned by the State in the said "Saline reserve," shall be offered for sale and sold separately: Provided, that .it shall be lawful to sell the pipes and other fixtures in connection with such well, or wells, or well lots, with which they may most properly and conveniently connect.

SEC. 5. That the school trustees of township number nine south, in range seven east, in consideration that the school section in said township was sold by the State as a part of the “Saline reserve," whereby said township possesses no school lands or township school fund whatever, shall be allowed to purchase at such sale, salt wells, coal lands, or other lands or property hereby authorized to be sold, to the value of one section of land, at Congress price, and the school trustees of township number nine south, in range number eight east, (which school section was also sold by the State as a part of the “Saline reserve," whereby the said last township possesses no school funds or township school fund whatever, except a half section granted to it by the State,) shall also be allowed to purchase at such sale such lands, or wells, or property, to the value of one half section of land, at Congress price. The Governor shall convey the same, without further consideration, to the trustees of said townships respectively, for the use of the inhabitants thereof, for the use of schools forever, and the same shall be held, and may be sold, or otherwise disposed of, like other school lands in this State.

SEC. 6. The agent to be appointed by the Governor under this act shall make return to the auditor of State of all his proceedings under this act, and shall grant certificates of purchase for each tract of land, etc., sold, which shall be sufficient evidence of purchase until patents are issued therefor.

SEC. 7. The Governor shall pay the expenses of carrying out the provisions of this act out of the contingent fund placed at his disposal by law.

SHOT FIRERS.

SHOT FIRERS-OPERATORS TO FURNISH.

FOR ANNOTATIONS SEE PAGE 303.

LAWS 1905, P. 328.

MAY 18, 1905.

AN ACT providing that operators of mines shall furnish shot firers in mines where shooting and blasting is (are) done.

SECTION 1. Be it enacted, etc.: In all mines in this State where coal is blasted, and where more than two pounds of powder is used for any one blast; and, also, in all mines in this State where gas is generated in dangerous quantities, a sufficient number of practical, experienced men, to be designated as shot firers, shall be employed by the company, and at its expense, whose duty it shall be to inspect and do all the firing of all blasts, prepared in a practical, workmanlike manner in said mine or mines.

SEC. 2. That shot firers shall, immediately after the completion of their work, post a notice in a conspicuous place at the mine, in which shall be indicated the number of shots fired; also the number of shots they did not fire, if any, specifying the number of the room and designation of the entry, and giving reasons for not firing same. In addition they shall also keep a daily permanent record in which shall be entered the number of shots or blasts fired, the number of shots or blasts failing to explode, and the number of shots or blasts that in their judgment were not properly prepared and which they refused to fire, giving reasons for same; the record to be in the custody of the mine manager and to be available for inspection at all times by parties interested.

SEC. 3. The superintendent or mine manager shall not permit the shot firers to do any blasting, exploding of blasts, or to do any firing whatever, until each and every miner and employe is out of the mine except the shot firers.

SEC. 4. Any wilful neglect, refusal or failure to do the things required to be done by any section, clause or provision of this act on the part of the person or persons herein required to do them, or any violation of any of the provisions or requirements hereof, or any attempt to obstruct or interfere with any person in the discharge of the duties herein imposed upon them, or any refusal to comply with the provisions of this act, shall be deemed a misdemeanor, punishable by a fine not less than one hundred dollars, and not to exceed two hundred dollars, or by imprisonment in the county jail for a period not exceeding three months, or both, at the discretion of the court: Provided, that whoever shall discover that any section of this act, or part thereof, is being neglected or violated shall report same to the superintendent of the mines and ask immediate compliance therewith; and in the case of continued failure to comply shall, through the State's attorney, or any other attorney in case of his failure to act promptly, take the necessary legal steps to enforce compliance therewith through the penalties herein prescribed. (Amended. See following Act.)

DUTIES OF SHOT FIRERS-FIRST AMENDATORY ACT.

LAWS 1907, P. 401.

MAY 20, 1907.

AN ACT to amend an Act entitled "An Act providing that operators of mines shall furnish shot firers in mines where shooting and blasting is done," approved May 18, 1905, in force July 1, 1905.

SECTION 1. Be it enacted, etc.: That an Act entitled "An Act providing that operators of mines shall furnish shot firers in mines where shooting and blasting is done," approved May 18, 1905, in force July 1, 1905, be and the same is amended to read as follows:

SEC. 2. In all mines in this State where coal is blasted, and where not more than two pounds of powder is used for any one blast; and also, in all mines in this State where gas is generated in dangerous quantities, a sufficient number of practical, experienced men to be designated as shot firers, shall be employed by the company and at its expense, whose duty it shall be to inspect and do all the firing of all blasts prepared in a practical, workmanlike manner in said mine or mines.

SEC. 3. The shot firers shall, immediately after the completion of their work, post a notice in a conspicuous place at the mine, in which shall be indicated the number of shots fired; also the number of shots they did not fire, if any, specifying the number of the room and designation of the entry, and giving reasons for not firing the same. In addition they shall also keep a daily permanent record in which shall be entered the number of shots or blasts fired, the number of shots or blasts failing to explode, and the number of shots or blasts that in their judgment were not properly prepared and which they refuse to fire, giving reasons for the same, the record to be in the custody of the mine manager and to be available for inspection at all times by parties interested.

SEC. 4. The superintendent or mine manager shall not permit the shot firers to do any blasting, exploding of shots, or do any firing whatever until each and every miner and employé is out of the mine except the shot firers, mine superintendent, mine manager and man or men necessarily engaged in charge of the pumps and stables: Provided, however, that nothing in this section shall be construed to prohibit the employment in such mine of a reasonably necessary number of men during such time for the purpose of securing the workings in case of fire therein.

SEC. 5. No miner or other person shall alter or change any drill hole, by increasing its depth, diameter or otherwise, after the same shall been approved by the shot firer.

SEC. 6. No shot firer, whether voluntarily, or by command or request of any person, shall fire any unlawful shot, or any shot which in his judgment, exercised as aforesaid, from his inspection thereof, made as aforesaid, shall not be a workmanlike, proper and practical shot.

SEC. 7. No person or persons shall order, command or induce by threats, or otherwise, any shot firer to fire any unlawful shot, or any shot which in his judgment, after due inspection, shall not be a workmanlike, proper and practical shot.

SEC. 8. Any wilful neglect, refusal or failure to do the things required to be done by any section, clause or provision of this Act on the part of the person or persons herein required to do them, or any violation of any of the provisions or requirements hereof, or any attempt to obstruct or interfere with any person in the discharge of the duties herein imposed upon them, or any refusal to comply with the provisions of this Act, shall be deemed a misdemeanor, punishable by a fine of not less than one hundred dollars and not to exceed two

hundred dollars, or by imprisonment in the county jail for a period not exceeding three months, or both, at the discretion of the court: Provided, that whoever shall discover that any section of this Act, or part thereof, is being neglected or violated shall report the same to the superintendent of the mines and ask immediate compliance therewith; and in case of continued failure to comply shall, through the State's attorney, or any other attorney, in case of his failure to act promptly, take the necessary legal steps to enforce compliance herewith, through and by means of the penalties herein prescribed.

DUTIES OF SHOT FIRERS-SECOND AMENDATORY ACT. LAWS 1913, P. 442.

JUNE 27, 1913.

AN ACT to amend sections 2 and 7 of an Act entitled "An Act providing that operators of mines shall furnish shot firers in mines where shooting and blasting is done," approved May 18, 1905, in force July 1, 1905, as amended by Act approved May 20, 1907, in force July 1, 1907.

SECTION 1. Be it enacted, etc.: That sections 2 and 7 of an Act entitled "An Act providing that operators of mines shall furnish shot firers in mines where shooting and blasting is done," approved May 18, 1905, in force July 1, 1905, as amended by Act approved May 20, 1907, in force July 1, 1907, be and the same are hereby amended so as to read as follows:

SEC. 2. In all mines in this State where coal is blasted, and where more than two pounds of powder are used for any one blast; and, also, in all mines in this State where gas is generated in dangerous quantities, a sufficient number of practical, experienced miners, to be designated as shot firers, shall be employed by the company, and at its expense, whose duty it shall be to inspect and do all the firing of all blasts, prepared in a practical, workmanlike manner in said mine or mines.

SEC. 7. No person or persons shall order, command or induce by threat or otherwise, any shot firer to fire any unlawful shot, or any shot which in his judgment, after due inspection, shall not be a workmanlike, proper and practical shot.

No person shall drill or shoot a dead hole as hereinafter defined. A “dead hole" is a hole where the width of the shot at the point measured at right angles to the line of the hole is so great that the heel is not of sufficient strength to at least balance the resistance at the point. The heel means that part of the shot which lies outside of the powder.

ANNOTATIONS.

1. SHOT-FIRERS' ACT-NATURE AND VALIDITY.

2. SHOT FIRERS PROTECTED.

3. PURPOSE AND CONSTRUCTION OF AMENDATORY ACT.

4. ACTIONS FOR INJURIES OR DEATH.

1. SHOT-FIRERS' ACT-NATURE AND VALIDITY.

The act known as "shotfirers' act" is valid as covering the subject with which it purports to deal. The penalties provided by section 33 of the general act of 1899 relating to mines and miners can not be applied in case of violations of the shot-firers' act.

Hollingsworth v. Chicago & Carterville Coal Co., 243 Ill. 98, p. 106.

This act known as the "shot-firers' act" is no part of the general mines and miners' act. It can not be regarded as an amendment of the general act of 1899 relating to mines and miners, as it is not a compliance with the statu