MINERAL LANDS.

MINING OVER LINE-EXAMINATION OF MINE-SURVEY.

LAWS 1859, P. 126.

AN ACT to regulate mining.

FEBRUARY 18, 1859.

SECTION 1. Be it enacted, etc.: That upon complaint being made, on oath, before any circuit judge, or, in the absence of a circuit judge, before any judge of the county court of any of the counties of this state, by any person, the owner of any land or town lot adjacent to any lands, lots or grounds worked as lead, coal or iron mines, that the said person or persons, so making complaint, have reasonable grounds to suspect and do suspect that such miner or miners is trespassing upon the lands or lots of such person, so making complaint, it shall be the duty of said judge to appoint some competent and suitable person to descend into said mines and make such examinations and surveys therein as may be necessary to ascertain whether such mines are worked upon the lands or lots of such person or persons making said complaint.

SEC. 2. It shall be the duty of such miner or miners to allow such person, so appointed, at all reasonable times, to descend into said mines and make such survey or examination as may be necessary to determine whether such mines are worked upon the property of the said person making such complaint or not; and any obstruction, knowingly and willfully placed in the way of such person, so appointed by the judge, with the intent to prevent his entry into any mines, rooms or galleries therein, and his examination of said mines, by any person or persons, their workmen, agents or servants, shall be punished to the same extent and in the same manner as is now provided by law for resisting a sheriff in serving legal process.

SEC. 3. All costs and expenses attending said survey and examination of said mines, under this act, shall be advanced and paid by the person making said complaint, who shall have the right to recover the same and have them taxed as costs in any action for the recovery of damages against such miner or miners, in which he may receive damages for trespass in the working of such mines, and it shall be the duty of the court to tax such expenses in the bill of costs in any action where such damages may be recovered.

NOTE. The substance of this act was incorporated as sections 2, 3 and 4, Revised Statutes 1874, p. 709.

MINING OVER LINE-TRESPASS.

REVISED STATUTES 1874, P. 709.

AN ACT to revise the laws in relation to mines.

MARCH 24, 1874.

SEC. 2. TRESPASS--SURVEYOR APPOINTED.-If the owner of and land adjacent to any lands worked as lead, coal, iron or other mine, shall make complaint, in writing. verified by affidavit, to the judge of any court of record in the county where the land is situated, that he has reasonable grounds to believe, and does believe, that the owner or operator of such mine is trespassing upon

his lands by mining thereon, it shall be the duty of the judge to appoint some county surveyor or other competent and suitable person to descend into such mine, and make such examinations and surveys as may be necessary to ascer tain whether the same is being worked upon the land of the person making the complaint.

SEC. 3. POWERS of Surveyor-PENALTIES.-The person so appointed shall have the right at all reasonable times, to descend into such mine and make such examinations and surveys; and whoever shall willfully obstruct or hinder such person from entering into any such mine, or any gallery or place therein, or from making any such examination or survey, shall, for each offense, be fined not exceeding $200, to be recovered before any justice of the peace of the county. Any person accepting any such appointment, and failing or refusing to make such survey upon the request of the petitioner, may be proceeded against as for a contempt of court, or he may be fined not exceeding $500.

SEC. 4. EXPENSES.-The expense of such examination and survey shall be paid by the person making the complaint, but if such person shall recover damages against the owner or operator of such mine for working the same upon his land, he shall have the right to have such expenses added to the damages.

SEC. 5. PENALTY FOR TRESPASS.-Whoever shall willfully trespass upon the land of another by mining thereon, shall, in addition to the damages now authorized by law, be liable to a penalty not to exceed $500, which may be recovered in an action of debt by the owner thereof, in any court of competent jurisdiction.

MINERS' EXAMINING BOARD-STATE MINING BÚARD.

EXAMINATION OF INSPECTORS-APPOINTMENT.

LAWS 1899, P. 301.

(FOR ANNOTATIONS, SEE PAGE 245.)

APRIL 18, 1899.

AN ACT to revise the laws in relation to coal mines and subjects relating thereto, and providing for the health and safety of persons employed therein.

NOTE.-Sections 6, 7, 8, 9, and 10 of the act of April 18, 1899 (Laws 1899, p. 301), are inserted under this subject. For original act see page 187.

SEC. 6. (a) For the purpose of securing efficiency in the mine inspection service, and a high standard of qualification in those who have the management and operation of coal mines, the State Commissioners of Labor shall appoint a board of examiners, to be known as the State Mining Board, whose duty it shall be to make formal inquiry into and pass upon the practical and technical qualifications and personal fitness of men seeking appointments as State Inspectors of Mines, and of those seeking certificates of competency as mine managers, as hoisting engineers and as mine examiners. This board shall be composed of five members, two of whom shall be practical coal mines; one an expert mining engineer, and who shall, when practicable, be also a hoisting engineer, and two shall be coal operators.

DATE AND TERM OF APPOINTMENT.—(b) Their appointment shall date from July 1, 1899, and they shall serve for a term of two years, or until their successors are appointed and qualified; they shall organize by the election of one of their number as president, and some suitable person, not a member, as secretary, after which they shall all be sworn to a faithful performance of their duties.

SUPPLIES FURNISHED BY SECRETARY OF STATE. (c) The Secretary of State shall assign to the use of the board, suitably furnished rooms in the State House for such meetings as are held at the Capitol, and shall also furnish whatever blanks, blank books, printing and stationery, the board may require in the discharge of its duties.

FREQUENCY OF MEETINGS.-(d) The board shall meet at the Capitol in regular session on the second Tuesday in September of the year 1899, and biennially thereafter, for the examination of candidates for appointment as State Inspectors of Mines. For the examination of persons seeking certificates of competency as mine managers, hoisting engineers and mine examiners. the board shall hold meetings at such times and places within the State as shall, in the judgment of the members. afford the best facilities to the greatest number of probable candidates. Special meetings may also be called, whenever, for any reason, it may become necessary to appoint one or more inspectors Public notice shall be given through the press or otherwise, announcing the time and place at which examinations are to be held.

RULES OF PROCEDURE.-(e) The examinations herein provided for shall be conducted under such rules, conditions and regulations as the members of the board shall deem most efficient for carrying into effect the spirit and intent of this Act. Such rules, when formulated, shall be made a part of the permanent record of the board, and such of them as relate to candidates shall be published for their information and governance prior to each examination; they shall

also be of uniform application to all candidates. (Amended May 14, 1903, and May 27, 1907. Page 65.)

EXAMINATIONS.

SEC. 7. FOR INSPECTORS.-(a) Persons coming before the State Mining Board as candidates for appointment as State Inspectors of mines must produce evidence satisfactory to the board that they are citizens of this State, at least thirty years of age, that they have had a practical mining experience of ten years, and that they are men of good repute and temperate habits; they must also submit to and satisfactorily pass an examination as to their practical and technical knowledge of mining engineering and mining machinery and appliances, of the proper development and operation of coal mines, of ventilation in mines, of the nature and properties of mine gases, of the geology of the coal measures in this State, and of the laws of this State relating to coal mines.

NAMES CERTIFIED TO THE GOVERNOR.-(b) At the close of each examination for inspectors the board shall certify to the Governor the names of all candidates who have received a rating above the minimum fixed by the rules of the board as properly qualified for the duties of inspectors.

INSPECTORS APPOINTED.—(c) From those so named, the Governor shall select and appoint ten State inspectors of mines; that is to say, one inspector for each of the ten inspection districts provided for in this Act; or more, if, in the future, additional inspection districts shall be created, and their commissions shall be for a term of two years from October first: Provided, That any one who has satisfactorily passed two of the State examinations for inspectors, and who has served acceptably as State inspector for two full terms, upon making written application to the board setting forth the facts, shall also be certified to the Governor as a person properly qualified for appointment; but no man shall be eligible for appointment as a State inspector of mines who has any pecuniary interest in any coal mine, either as owner or employé. FOR MINE MANAGERS.-(d) Persons coming before the board for certificates of competency as mine managers must produce evidence satisfactory to the board that they are citizens of this State, at least twenty-four years of age, that they have had at least four years' practical mining experience, and that they are men of good repute and temperate habits; they must also submit to and satisfactorily pass such an examination as to their experience in mines and in the management of men, their knowledge of mine machinery and appliances, the use of surveying and other instruments, the properties of mine gases, the principles of ventilation and the specific duties and responsibilities of mine managers, as the board shall see fit to impose.

FOR HOISTING ENGINEERS.-(e) Persons seeking certificates of competency as hoisting engineers must produce evidence satisfactory to the board that they are citizens of the United States, at least twenty-one years of age, that they have had at least two years' experience as fireman or engineer of a hoisting plant, and are of good repute and temperate habits. They must be prepared to submit to and satisfactorily pass an examination as to their experience in handling hoisting machinery, and as to their practical and technical knowledge of the construction, cleaning and care of steam boilers, the care and adjustment of hoisting engines, the management and efficiency of pumps, ropes and winding apparatus, and their knowledge of the laws of this State in relation to signals and the hoisting and lowering of men at mines.

FOR MINE EXAMINERS.-(f) Persons seeking certificates of competency as mine examiners must produce evidence satisfactory to the board that they are citizens of this State, at least 21 years of age, and of good repute and temperate habits,

They must be prepared to submit to and satisfactorily pass an examination as to their experience in mines generating dangerous gases, their practical and technical knowledge of the nature and properties of fire-damp, the laws of ventilation, the structure and uses of the safety lamps, and the laws of this State relating to safeguards against fires from any sources in mines.

CERTIFICATES.

(Amended.)

SEC. 8. ISSUED BY THE BOARD.-(a) The certificates provided for in this Act shall be issued under the signature and seal of the State Mining Board, to all those who receive a rating above the minimum fixed by the rules of the board; such certificates shall contain the full name, age and place of birth of the recipient and the length and nature of his previous service in or about coal mines. REGISTER TO BE PRESERVED.—(b) The board shall make and preserve a record of the names and addresses of all persons to whom certificates are issued, and at the close of each examination shall make report of the same to the commissioners of labor, who shall cause a permanent register of all certificated persons to be made and kept for public inspection in the office of the State Bureau of Labor Statistics in the State Capitol.

EFFECT OF CERTIFICATES.—(c) The certificates provided for in this Act shall entitle the holders thereof to accept and discharge the duties for which they are hereby declared qualified, at any mine in this State, where their services may be desired.

FOREIGN CERTIFICATES.-(d) The board may exercise its discretion in issuing certificates of any class, but not without examination, to persons presenting, with proper credentials, certificates, issued by competent authority in other states.

UNLAWFUL TO EMPLOY OTHER THAN CERTIFICATED MINE MANAGERS.—(e) It shall be unlawful for the operator of any coal mine to employ, or suffer to serve, as mine manager at his mine, any person who does not hold a certificate of competency issued by a duly authorized board of examiners of this State: Provided, that whenever any exigency arises by which it is impossble for any operator to secure the immediate services of a certificated mine manager, he may place any trustworthy and experienced man, subject to the approval of the State inspector of the district, in charge of his mine, to act as temporary mine manager for a period of not exceeding thirty days.

UNLAWFUL TO EMPLOY OTHER THAN CERTIFICATED HOISTING ENGINEER.-(f) It shall be unlawful for the operator of any mine to employ, or suffer to serve, as hoisting engineer for said mine, any person who does not hold a certificate of competency issued by a duly authorized board of examiners of this State, or to permit any other to operate his hoisting engine except for the purpose of learning to operate it, and then only in the presence of the certificated engineer in charge, and when men are not being hoisted or lowered: Provided, that whenever any exigency arises by which it is impossible for any operator to secure the immediate services of a certificated hoisting engineer, he may place any trustworthy and experienced man, subject to the approval of the State inspector of the district, in charge of his engines, to act as temporary engineer, for a period not to exceed thirty days.

UNLAWFUL TO EMPLOY OTHER THAN CERTIFICATED MINE EXAMINERS.—(g) It shall be unlawful for the operator of any mine to employ or suffer to serve, as mine examiner, any person who does not hold a certificate of competency issued by the State Mining Board: Provided, that any one holding a mine manager's certificate may serve as mine examiner. Anyone holding a certificate as fire