check-weigher, shall apply to any person appointed under this subsection.

(2) No person shall wilfully make a false entry in the book which is to be kept under section 9 hereof, nor wilfully cause nor wilfully permit any such false entry to be made. 1913 (1), c. 4, s. 10 (2), (3).

11. The Lieutenant-Governor in Council may, in the event of great emergency, or of any grave economic disturbance due to the demand for coal exceeding the supply available at the time, suspend the operation of this Act so far as it relates to the limiting of hours of work below ground to such extent and for such period as may be named in the order either in respect to all mines or any class of mines. 1913 (1), c. 4, s. 11.

12. In the application of this Act to mines which are entered otherwise than by shafts, and to workmen who are not lowered to or raised from the mine by means of machinery, the words "admission of workmen to the mine" shall be deemed to be substituted for the words "the lowering of workmen to the mine, and the words "the return of workmen from the mine" shall be deemed to be substituted for the words "the raising of workmen from the mine". 1913 (1), c. 4, s. 12.

EGRESS FROM MINES

13. (1) The owner, agent or manager of a mine shall not employ any person therein, nor permit any person to be therein for the purpose of employment unless the following conditions respecting outlets to the surface are complied with, that is to say:

(a) Every seam which is for the time being at work shall have at least two outlets to afford proper means of egress available to the persons employed in such seam; (b) Such outlets shall not at any point be nearer to one another than one hundred feet and there shall be between such outlets a communication not less than four feet wide and four feet high;

Provided, however, that nothing in this paragraph shall apply to mines in operation before the first day of March, one thousand nine hundred and eight, which have outlets not at any point nearer to one another than forty-five feet;

(c) Proper apparatus or ladders for the descent

and ascent of persons at such outlets shall be kept on the works belonging to the mine and such apparatus or ladders shall be constantly available for use;

(d) Every part of a mine in which ten or more persons are employed at the same time shall be provided with at least two ways affording proper egress to the surface; but this provision shall not apply when the same is exempt by written order of the Minister. (2) The Supreme Court or any judge thereof, whether any other proceedings have been taken or not, may upon the application of the Attorney General prohibit by injunction the working of any mine in which any person is employed or is permitted to be for the purpose of employment, in contravention of this section, and may award such costs in the matter of the injunction as the Court or judge thinks just; but this provision shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this Act.

(3) Written notice of the intention to apply for such injunction in respect to any mine shall be given to the owner, agent or manager of the mine, not less than ten days before the application is made. 1913 (1), c. 4, s. 13.

14. No person shall be precluded by any agreement from doing such acts as are necessary for providing a second outlet to a mine, where the same is required by this Act, or be liable under any contract to any penalty or forfeiture for doing

such acts as are necessary to comply with the provisions of this Act with respect to outlets. 1913 (1), c. 4, s. 14.

15. (1) The foregoing provisions of this Act with respect to outlets shall not apply to

(a) a new mine or seam being opened; (b) any working for the purpose of making a communication between two or more outlets; (c) any working for the purpose of searching for or proving minerals;

(d) any proved mine which is exempt by order of the Minister on the ground either(i) that the quantity of mineral proved is not sufficient to repay the outlay which would be occasioned by sinking or making a second outlet, or by establishing communication with a second outlet in any case where such communication existed and has become unavailable; or

(ii) that the workings of any seam of the mine have reached the boundary of the property or the extremity of the mineral field of which that seam is a part, and that it is expedient to work away the pillars already formed in course of ordinary working notwithstanding that one of the outlets may be cut off by so working away the pillars of the same;

(e) any mine while an outlet is being made therefrom or where one of the outlets thereof has become by reason of some accident unavailable for the use of the persons employed in the mine so long as the mine is exempt by order of the Minister.

(2) The provisions of paragraphs (a), (b), (c), and (d) of subsection (1) of this section shall only apply so long as not more than twenty persons are employed below ground at any one time in the whole of the different seams in connection with a single outlet. 1913(1), c. 4, s. 15; 1918, c. 38, s. 4. BOARD OF EXAMINERS

16. For the purposes of this and the next succeeding section, the Province shall be divided into districts, the number and limits of which shall be fixed and defined from time to time by the Minister. 1913 (1), c. 4, s. 16.

17. (1) For the purpose of granting certificates under this Act, the Lieutenant-Governor in Council may appoint a board of examiners having jurisdiction over all said districts.

(2) The board appointed under this section shall consist of

(a) the chief inspector or a district inspector appointed by him;

(b) two managers;

(c) two working miners.

(3) The board shall make arrangements for the conducting of all examinations for the granting of certificates. 1918, c. 38, s. 5.

18. (1) The board of examiners shall prepare rules and may from time to time amend or revoke the same for the conduct of such examinations and for determining the qualifications of all applicants for certificates, so, however, that in every such examination, regard shall be had to such knowledge as is necessary for the practical working of mines in the Province and shall do such other things as are necessary for the proper discharge of their duties under this Act.

(2) Such rules and regulations and all amendments thereto shall before coming into force be approved by the Minister.

(3) The Lieutenant-Governor in Council may at any time alter or revoke any rules or regulations made by the board of examiners.* 1913 (1), c. 4, s. 18; 1918; c. 38, s. 6.

Rules by Board re qualifications of applicants for certificates of competency issued Oct. 31, 1224

19. The fees and travelling expenses to be paid to the board of examiners and the fees to be paid by applicants for certificates may be determined by the Lieutenant-Governor in Council. 1913 (1), c. 4, s. 19: 1918, c. 38, s. 7.

20. In no case shall a certificate be granted to any applicant until he has satisfied the board of examiners as follows:

(a) If an applicant for a manager's certificate.

that he has had at least five years' practical experience in a coal mine, either in Canada or partly in Canada and partly elsewhere. or is the holder of a diploma in scientific and mining training after a course of study of at least two years at an educational institute approved by the Minister, or has taken a degree in scientific and mining subjects at a university so approved, and has, in addition to such diploma or degree, had three years' practical experience in a coal mine, two of which have been in Canada, and that he is at least twenty-five years of age. and throughout this Act such certificate shall be indicated by the term "first class certificate";

(b) If an applicant for an overman's certificate, that he has had at least three years' prac tical experience in a coal mine and is at least twenty-five years of age, and throughout this Act such certificate shall be indicated by the term "second class certificate";

(c) If an applicant for an examiner's certificate, that he has had at least three years' prac tical experience in a coal mine and is at least twenty-three years of age, and throughout this Act such certificate shall be indicated by the term "third class certificate"; (d) In addition thereto, every applicant mentioned in this section shall produce to the board satisfactory evidence of sobriety, experience and general good conduct, and shall produce a certificate from a duly qualified medical practitioner, or from a recognized ambulance society. showing that he has taken a course in ambulance work fitting him to give first aid to persons injured in or about a mine. 1913 (1), c. 4, s. 20; 1922, c. 77, s. 1.

21. (1) All examination papers shall be set, prescribed and examined by such person or persons as the Minister may appoint or nominate: and such person or persons shall submit to the board the result of the said examination together with the papers so examined, and the successful applicants shall if they have fulfilled the conditions prescribed by sections 20 and 22 hereof be recommended by the board to the Minister for certificates under this Act.

(2) The chief inspector shall sign and deliver to every successful applicant the certificate to which he may be entitled.

(3) The chief inspector may sign and deliver a certificate without examination to an applicant who is the holder of a certificate granted in this or any other country, if the board reports that the standard of training and examination required for the granting of such certificate is equivalent to that required for the granting of a corresponding certificate under this Act. 1913 (1), c. 4, s. 21.

22. The qualifications of applicants for second and third class certificates shall be of a standard suitable for practical working miners; and examinations for second class certificates shall be partly written and partly oral and examinations for third class certificates shall be oral:

Provided, however, that each applicant shall satisfy the board that he is able to read and write in the English language. 1913 (1), c. 4. s. 22.

22a. (1) The Minister may appoint for any district or districts one or more boards of examiners, consisting of a district inspector, a mine manager

or overman and a working miner, whose duty it shall be to examine every person applying for a certificate of competency as a coal-miner.

(2) The Lieutenant-Governor in Council may make regulations for the guidance of such boards of examiners and for the performance of their duties.

(3) Every board shall report in writing to the Chief Inspector, immediately after every examination held by the board, the name, address and place of employment, if any, of every applicant to whom a certificate of competency is granted under this section.

(4) No person shall be granted a certificate of competency as a coal-miner who is not of the full age of eighteen years, and who has not been employed in some capacity underground for at least one year prior to his application for such certifi cate, and who fails to satisfy the board upon examination as to his ability as a coal-miner.

(5) Every person who on the first day of May. 1927, shall be working in a mine at the working face, or who had at any time within the period of twelve months immediately preceding that date been so working, provided he submits himself for examination not later than the thirty-first day of December, 1927, shall be deemed to be a person who has been employed in some capacity underground in a coal-mine for at least a year.

(6) An inspector of mines may grant a provisional coal-miner's certificate of competency to any person who has the qualifications for examination required by subsection (4) hereof. Such provisional certificate shall be for a period not exceeding sixty days, and unless the holder of the certificate becomes a successful candidate for and obtains a coal-miner's certificate of competency from the board of examiners at the next examination held by the board at the place designated for the holding of examinations at or nearest to the colliery at which the holder of the provisional certificate is employed. the provisional certificate shall become void. 1927, c. 42. s. 2.

23. A register of the holders of certificates shall he kept by such person and in such manner as the Minister may direct. 1913 (1), c. 4, s. 23.

24. The Chief Inspector shall make a return and transmit to the Minister all fees collected by him, and the same shall form part of the general rev enue fund of the Province. 1913 (1), c. 4, s. 24.

CERTIFICATED PERSONS

he is the holder of a first, second or third class certificate granted under this Act. 1913 (1), c. 4, s. 27; 1918, c. 38, s. 9; 1927, c. 42, s. 4.

28. [Repealed, 1927, c. 42, s. 5.]

29. (1) Every mine shall be under the control and supervision of one manager who shall hold a first class certificate under this Act and who shall examine and initial at the mine all report books at least once in every seven days and the owner or agent of every mine shall nominate himself or some other person to be manager thereof, and shall within thirty days after such nomination is made, send written notice to the Minister and to the district inspector of the name and address of such manager and the number of his certificate.

(2) The underground workings of every mine shall be under the daily charge of an overman holding a first or second class certificate under this Act.

(3) No mine shall be worked for more than thirty days without the appointment of a manager as provided in subsection (1) of this section, but such owner or agent shall not be guilty of an offence if he can prove that he has taken all reasonable means to appoint a manager under the said subsection.

(4) If for a reasonable cause there is for the time being no manager of a mine qualified as required by this section, the owner or agent of such mine may, subject to the written approval of the chief inspector, appoint any person holding a second class certificate under this Act to be manager for a period not exceeding thirty days or such longer period as elapses before such person has an opportunity of obtaining by examination a first class certificate under this Act, and the said owner or agent shall immediately send to the Minister and to the district inspector a written notice of the name and address of such overman and the reason for such appointment.

(5) A mine in which less than thirty persons are employed underground shall be exempt from the provisions of this Act in so far as it relates to the appointment of a manager unless the chief inspector, by notice in writing served on the owner or agent, requires the same to be under the coutrol of a manager; but the operations underground shall be under the daily charge of a person holding a second class certificate under this Act.

(6) Any person employed as an overman under this Act shall devote his whole time to the supervision of the mine or part thereof and the fulfilling of his statutory duties, but nothing in this section shall prevent him from doing such acts as are necessary for the saftey of the mine or of the persons employed therein.

(7) The same person shall not be the manager of more than two mines required to be under the control of a manager, and shall only be the manager of two mines when such mines are not more that two miles apart, provided that in the case of mines of the same owner which are more than two miles apart the chief inspector may authorize the same person to act as the manager of two such mines.

(8) When any person is appointed to be manager of two mines required to be under the control of a manager, there shall be an overman appointed at each mine.

(9) The provisions of this section shall not apply to mines where coal is extracted by the process of removing all the overlying strata. 1913 (1), c. 4, s. 29; 1918, c. 38, s. 11; 1919, c. 4, s. 42; 1927, c. 42, s. 6.

29a. From and after the thirtieth day of September, 1927, no person shall work at the working face in any mine unless he is the holder of a certificate of competency as a coal miner. 1927, c 42,

s. 7.

86938-35

30. If at any time complaint is made to the Minister that any person holding a certificate under this Act is by reason of incompetency or gross negligence unfit to discharge his duty or has been convicted of an offence against this Act, the Minister may make inquiry touching the said complaint, and for the purposes thereof the followwing provisions shall have effect:

(a) The inquiry shall be public and shall be held at such place as the Minister directs; (b) The Minister shall, before commencing the inquiry, furnish the person against whom the complaint is made with a statement of the same and such person may attend the inquiry or be represented thereat by agent or solicitor, and he may, if desired, be sworn and examined as a witness in the case; (c) The Minister shall have power to cancel or suspend the certificate of the person against whom the said complaint is made if he finds that he is by reason of incompetency or gross negligence or of his having been convicted of an offence against this Act unfit to discharge his duty;

(d) The Minister may require the person against whom the complaint has been made to deliver up his certificate to the Minister, and may hold the said certificate until the conclusion of the inquiry and he may then either return, cancel or suspend the same;

(e) The Minister may by summons under his hand require the attendance of any person or persons and examine them under oath for the purpose of the inquiry; and every person so summoned shall attend upon the day and at the time appointed and shall be allowed such fees as are allowed to a witness attending on a subpoena in proceedings before the Supreme Court;

(f) The Minister may make such order, as he may think fit, respecting the costs and expenses of the inquiry and such order shall, on the application of any person entitled to the benefit of the same, be enforced by any court of summary jurisdiction as if such costs and expenses were a penalty imposed by such court. 1913 (1), c. 4, s. 30.

31. When a certificate is cancelled or suspended in pursuance of this Act, the Minister shall cause such cancellation or suspension to be recorded in the register of holders of certificates. 1913 (1), s. 4, s. 31.

32. The Minister may, in his discretion at any time, renew, revive or restore on such terms as he may think fit, any certificate which has been cancelled or suspended in pursuance of this Act. 1913 (1), c. 4, s. 32.

33. Whenever any person proves to the satisfaction of the Minister that he has, without fault on his part, lost or been deprived of any certificate previously granted to him, the Minister may cause a duplicate of the certificate to which the applicant appears by the register to be entitled, to be made out and certified by the person who keeps the register and delivered to the applicant; and every copy which purports to be so made and certified shall have all the effect of the original certificate. 1913 (1), c. 4, s. 33.

PAYMENT OF WAGES

34. (1) All wages earned by any person or persons employed in or about a mine shall be paid (a) upon a Saturday; and

(b) at least once a fortnight.

(2) All payment of wages shall include all unpaid wages earned before the Saturday preceding the date of payment.

(3) If the Saturday upon which any wages should be paid is a holiday, such wages shall be

paid on the immediately preceding Friday. 1922, c. 77, s. 2.

34a. (1) The manager, or if there is no manager, the overman, shall keep a record of all the workmen employed in or about the mine in which there shall be set down the sum due to each workman upon each day upon which wages ought to be paid under the provisions of this Act, and also the amount of that sum which has been actually paid to him.

(2) Every manager shall permit any inspector at any reasonable hour to inspect such record and make extracts therefrom.

(3) The duties imposed by this section and by section 43 upon a manager shall, where there is no manager or overman, be discharged by the owner of the mine or his agent. 1925, c. 20, s. 2.

35. (1) When the amount of wages paid to any of the persons employed in a mine depends on the amount of mineral gotten by them, such persons shall be paid according to the weight or measurement of the mineral gotten by them and such mineral shall be truly weighed accordingly at a place as near to the mine entrance as is reasonably practicable or measured at the working face.

(2) Nothing in this or the next following section shall preclude the owner, agent or manager of any mine from agreeing with the persons so employed and paid that deductions shall be made in respect of stones or material other than mineral contracted to be gotten which are sent out of the mine with the mineral contracted to be gotten, or in respect to any tubs or cars being improperly filled in those cases where they are filled by the getter of the mineral, or by the loader, or by any person im mediately employed by him, and no such deductions shall be made until such agreement is made in writing on behalf of both parties. 1913 (1), c. 4, s. 35 (1), (2).

36. (1) If such deductions are not mutually agreed upon they shall be determined in one of the following ways, that is to say:

(a) In any special manner agreed upon between the owner, agent or manager of the mine on the one hand, and the persons so employed and paid on the other; or (b) By some person appointed for that purpose

by the owner, agent or manager and by a person appointed by such employees, who may be the check-weigher if any checkweigher has been appointed as in this Act provided; or

(c) If the persons appointed under the preceding subsection fail to agree, then by a third person to be chosen by the persons so appointed and if they cannot agree upon such appointment then by some person appointed by the Minister.

(2) If any owner, agent or manager, or the persons so employed in any mine, fail to appoint a person to determine such deduction, a person may be appointed on his or their behalf by the Minister. 1913 (1), c. 4, s. 35 (3), (4).

CHECK-WEIGHER

a

37. (1) The persons who are employed in mine and are paid according to the weight of the mineral gotten by them may, at their own cost, appoint a person (in this Act called a "checkweigher") who is resident in the Province and station him at the place appointed for the weighing of such mineral in order to take an account of the weight thereof on behalf of the persons by whom he is so stationed, and such appointment shall be made by the persons employed in the mine whose wages are based upon the weight of mineral gotten by them, attending a meeting called for that purpose by a notice posted at least forty-eight hours before the meeting in a conspicuous place upon the

mine premises; and every such meeting shall remain open for the purpose of receiving nominations for at least thirty minutes after the same shall have been called to order, and every nomination shall be in writing and if more than one nomination shall be then made an election shall be held by secret ballot at the mine on the third day after the meeting if that day is a working day at the mine, and if it is not, then upon the first working day at the mine after the last mentioned day.

(2) The check-weigher shall be a person who is or has been a practical working miner of at least three years' experience and may be appointed by the aforesaid persons employed from time to time in the mine.

(3) No owner or manager of a mine, or any agent of such owner or manager, shall influence or attempt to influence the choice or appointment of a check-weigher under the provisions of subsection (1) of this section, or of a checker under the provisions of section 41 of this Act.

(3a) In the event of any dispute as to the regularity of any such election the chief inspector may by order declare any such election to be null and void and in such case shall direct another election to be held and may supervise the holding of the same.

(4) A check-weigher shall have every facility afforded him by the owner, agent or manager to take correct account of the weighing for the persons by whom he is so stationed, including faci lities for examining and testing the weighing machine and checking the taring of the tubs and boxes when necessary; and also for counting boxes and tallies in order that the number of boxes, weights or quantities credited to each person may be ascertained, and also including a shelter from the weather and a desk or table at which to write. all to be furnished by the owner, agent or manager, and he shall have access to all parts of the mine and bankhead necessary for the fulfil ment of his duties. 1913 (1), c. 4, s. 36; 1922, c. 77, s. 3; 1927, c. 42, s. 8.

38. The check-weigher shall not in any way impede or interrupt the working of the mine or interfere with the working of the mine or interfere with the weighing, his duty being to take such account as aforesaid only, and the absence of the check-weigher shall not be a reason for interrupting or delaying such weighing. 1913 (i) c. 4, s. 37. 39. (1) When a check-weigher has been appointed pursuant to section 37 of this Act 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 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) Whenever a committee of two appointed at a meeting of the miners who are emp.oyed in a mine to which this Act applies, shall request in writing of the owner, agent or manager, that the wages of such check-weigher be paid direct from the offices of the mine, the said owner, agent or manager shall withhold from the wages due the miners aforesaid, a pro rata amount sufficient from time to time to meet the wages due the check-weigher and shall pay the same to him in a like manner as the wages of the said miners are paid. 1913 (1), c. 4, s. 38; 1927, c. 42, s. 9.

40. (1) If an owner, agent, or manager of a 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 improperly interfered with the weighing or has otherwise misconducted himself, he may complain in writing to a judge of the district court for the

judicial district in which the mine is situated, who, if of the opinion that the complaint should be investigated, shall issue a summons to the checkweigher to appear at a certain time and place therein named.

(2) The summons and a copy of the complaint shall be served personally on the check-weigher at least five days before the return of such summons or if, after diligent efforts, it is found impossible so to serve the check-weigher the said summons may be left with some grown-up person residing in the home or last known place of residence of the check-weigher at least five days before the return of the summons.

(3) In default of appearance of the checkweigher to answer the complaint, proof of service of the summons on him shall be furnished to the satisfaction of the judge.

(4) Whether the check-weigher appears or not, the judge shall hear the case at the time fixed in the summons and if he thinks that grounds sufficient to justify the removal of the check-weigher have been shown by the owner, agent or manager, he shall make a summary order for his removal and the check-weigher shall thereupon be removed and another check-weigher may be appointed in his stead.

(5) The judge may in every case make such order as to the costs of the proceedings as he thinks just and such costs may be recovered as if awarded by a judgment in the district court.

(6) The judgment of the judge shall be final and there shall be no appeal therefrom. 1913 (1), c. 4, s. 39.

41. (1) In any mine in which the persons employed are paid by mutual agreement otherwise than according to the weight of the mineral gotten by them they may, at their own cost, employ one or two persons who are resident in the province and are or have been practical working miners of at least three years' experience who shall at all times have power and necessary facilities to check the correctness of the manner, method, measure, measurements or quantities according to which persons are paid, on behalf of the persons by whom he is employed; and also for counting boxes and tallies once daily, in order that the number of boxes, weights or quantities credited to the persons employed may be ascertained, and such appointment shall be made by the persons employed in the mine who are paid otherwise than according to the weight of mineral gotten by them attending a meeting called for that purpose by a notice posted at least forty-eight hours before the meeting in a conspicuous place upon the mine premises; and every such meeting shall remain open for the purpose of receiving nominations for at least thirty minutes after the same shall have been called to order, and every nomination shall be in writing, and if more persons are then nominated than are to be appointed an election shall be held by secret ballot at the mine on the third day after the meeting if that day is a working day at the mine, and if it is not then upon the first working day at the mine after the lastmentioned day.

(2) The provisions of this Act with respect to the powers and duties of a check-weigher and the facilities to be afforded him and as to his removal from office shall apply to every person appointed under this section. 1913 (1), c. 4. s. 40; 1927, c. 42, s. 10.

42. (1) Any person employed in or about a mine may by order in writing authorize his employer to apply the whole or part of the moneys due to him to the payment of any debt due by him to any other person, but any such order shall be effective only for an amount specified therein.

(2) Any such employer may without any order retain out of the moneys due any such person any sums due by him in respect of powder, coal, 86938-35

43. (1) The manager, or where there is no manager, the overman of every mine shall on or before the fifteenth day of each month send or cause to be sent to the Minister a correct return showing the quantity of coal or other material wrought or mined in such mine for the preceding calendar month, together with such other information as the Minister may demand.

(2) Such return shall be in such form as from time to time is prescribed by the Minister, who shall from time to time on application furnish forms for the purpose of the return.

(3) The said form shall contain a question in form B of the schedule hereto.

(4) In the event of no answer being made to the said question, or of the answer showing that the wages of any workman remain unpaid, the chief inspector may apply by originating notice to a judge of the Supreme court for an order for the appointment of a receiver by way of equitable execution of all the rents, profits and income, including sums due from the sale of coal, of the mine and the order for the appointment of such receiver shall be granted together with all proper directions unless the judge is satisfied that all wages due and payable have been paid up to the date of the said application coming before him.

(5) The order may contain a direction to deliver up possession of the mine and all books and documents relating thereto to the receiver and may appoint the receiver as both receiver and manager, in which event the receiver shall have a power of sale of the undertaking of the person or company who or which has made default in payment of wages.

(6) The judge may by the order appointing a receiver or by a subsequent order direct an accounting of all sums received during the six months immediately prior to the date of the order by any manager, director, owner, or other person in any way entitled to share in the direction or control of the conduct of the mine, and may require affidavits from all such persons in verification of the said accounting, and shall if in his uncontrolled discretion he considers such a course fair or equitable direct the return of such suns, or any part or parts thereof to the receiver to be by him applied as if they were income of the mine.

(7) The receiver shall discharge all debt due to workmen at the date of his appointment in priority to all other charges or claims whatsoever upon or to the said mine or the income derived therefrom, and if appointed receiver and manager shall in a similar manner discharge all debts accruing due to workmen during the period of his managership:

Provided that any rent or royalty payable to the lessor of the mine which is or so much thereof as is determined by the court to be a fair or equitable rent or royalty, shall be excepted from the operation of this subsection.

(8) Any receiver so appointed shall continue as such until the time mentioned in the order made by the judge has elapsed or until any conditions specified in such order have been fulfilled.

(9) The appointment of any person as receiver and manager shall not confer upon him any power to act as a manager, in the sense of the chief officer having the control and daily supervision of a mine. 1913(1), c. 4, s. 42; 1918, c. 38, s. 13;

1925, c. 20, s. 3.

44. (1) When any mine is abandoned, its owner shall send or cause to be sent to the Minister within fifteen days thereafter, correct returns showing the quantity of coal or other material wrought or mined in such mine from the last day of the pre