a non-com pliance with where reason taken to contravention a first-class certificate under the Act. The owner and Penalty for agent of any mine which is worked for more than fourteen days without a certificated manager are each liable to provision fine not exceeding fifty pounds, and to a further fine not exceeding ten pounds for every day during which the mine is so worked. Where, however, the owner can prove that Exemption he has taken all reasonable means to prevent the mine able means being worked in contravention of this section, he will have been not be liable to any such fine. And if for any reason- prevent able cause there is for the time being no qualified of section manager of a mine, the owner or agent may appoint any competent person not holding a certificate under the Owner may Act to be manager for a period not exceeding two months, or such longer period as may elapse before such limited period person has an opportunity in the district wherein the cases mine is situate of obtaining a certificate by examination, and shall send a written notice of his name and address, and the reason of his appointment, to the inspector of such district. A mine in which not more than thirty Exemption persons are employed below ground is also exempt from employing less the provisions of this section, unless the inspector of than thirty the district, by notice in writing to the owner or agent, ground requires that it shall be under the control of a manager. appoint manager for in certain of mines persons below vision by manager In every mine required to be under the control of a Daily supercertificated manager, daily personal supervision must be manager or exercised either by the manager or by an under- undermanager, nominated in writing by the owner or agent of the mine. The under-manager must hold either a first or second-class certificate under the Act, and in the absence of the manager has the same responsibility, and is subject to the same liabilities as the latter; but his nomination does not affect the personal responsibility of the manager under the Act (sect. 21). No contractor Contractors for mineral or person employed by him is eligible for for minerals the part of manager or under-manager under the Act for post of (sect. 22). disqualified manager or under Certificates Certificates of competency under the Act are either manager (i) first class, i.e., certificates of fitness to be manager, or granted by N examiners appointed by a board Constitution of board Duties of board (ii) second class, i.e., certificates of fitness to be undermanager; but no person is entitled to a certificate unless he has had practical experience in a mine for at least five years. Such certificates may be granted by a Secretary of State in any part of the United Kingdom (to be from time to time defined by order of a Secretary of State), to applicants reported by the examiners to have passed a satisfactory examination (sects. 23, 26 (i.)). The examiners must be appointed by a board consisting in each part of the United Kingdom defined by order, of-Three owners of mines, three persons (not being owners, agents or managers), employed or who have been employed in any mine, three mining engineers, agents, managers or coal viewers, and one inspector under the Act, all the members being appointed and removable by a Secretary of State, and holding office during his pleasure (sect. 23). Each board must conduct their proceedings in accordance with the rules contained in the first schedule of the Act, and must from time to time make a report of such proceedings, and of such other matters as he may require, to a Secretary of State. They must from time to time appoint examiners (not being members of the board, except with the consent of the Secretary of State) to conduct examinations, and may from time to time make, alter and revoke rules for the conduct of such examinations and the qualificaExaminations tions of the applicants; but regard is to be had in every to be based on examination to such knowledge as is necessary for the practical work practical working of mines in that part of the United Kingdom defined in the order, and also that the examination and qualifications of applicants for secondclass certificates shall be suitable for practical working miners (sect. 24). A Secretary of State may from time to time make, alter and revoke rules as to places and time examinations, of examinations, the number and remuneration of the examiners and the fees to be paid by the applicants; but such fees must not exceed two pounds on application for examination, and five shillings for a copy of certificate in knowledge of ing of local mines Powers of Secretary of fees and certificates the case of first class, and one pound per application for examination and two shillings and sixpence for a copy of certificate in the case of second-class certificates (sect. 25, Schedule 2). The certificate is to be in such form as a Secretary of State may prescribe, and a register of the holders of certificates is to be kept by such person and in such manner as he may direct (sect. 26). manager and certificate in to case of The court, unfitness person or by may be sworn as a witness in the case Sect. 27 empowers a Secretary of State, on repre- Inquiry into sentation by an inspector or otherwise, that any cer- competency of tificated manager or under-manager is incompetent or cancellation of has been convicted of an offence against the Act, cause a public inquiry into his conduct to be held by such county judge, metropolitan police or stipendiary magistrate or other person as he may direct, either alone or with any assessors named by him. The Secretary of State shall, before the commencement of the inquiry, furnish a statement of the case on which it is instituted to the manager or under-manager, who Manager may may attend the inquiry by himself, his counsel, solicitor attend in or agent, and may, if he thinks fit, be sworn and ex- counsel, and amined as an ordinary witness in the case. which shall have all the powers of a court of summary jurisdiction and of an inspector under the Act, shall send to the Secretary of State a report of the case and its Powers of opinion thereon, and may cancel or suspend the cer- court tificate of the manager or under-manager, and, if it thinks fit, require him to deliver it up; and any manager or under-manager failing to comply with such requisition is liable to a fine not exceeding one hundred pounds. The court may, by summons, require the attendance of all persons whom it thinks fit to examine for the purpose of the inquiry, persons so summoned being allowed such expenses as would be allowed to witnesses attending on subpoena before a court of record. It may also, Costs and by sect. 28, make such order as it thinks fit respecting expenses of the costs and expenses of the inquiry; and the Secretary of State is empowered by the same section to pay the person or persons constituting the court, including inquiry Record of cancellation, in certain cases, of certificate assessors, such remuneration as he may, with consent of the Treasury, appoint. A Secretary of State shall and restoration cause the cancellation or suspension of the certificate of a manager or under-manager to be recorded in the register of holders of certificates; but he may, at any time, if it is shown to him to be just to do so, renew or restore it on such terms as he thinks fit, and cause the renewal or restoration to be recorded in the register (sect. 29). Copy of certificate in case of loss Penalty for forgery of certificate Returns, notices, and orders Returns by or manager of mines Whenever any person proves to the satisfaction of a Secretary of State that he has, without fault on his part, lost or been deprived of any certificate under the Act, the Secretary of State shall, on payment of such fee, not exceeding that specified in Schedule 2, as he may direct, cause a copy of the certificate to which he appears by the register to be entitled to be made out and certified by the keeper of the register and delivered to the applicant, and such copy shall have all the effect of the original certificate (sect. 30). Every person who forges a certificate of competency or of service is guilty of a misdemeanour, and liable to imprisonment for a term not exceeding two years, with or without hard labour (sect. 31). 3. Returns, Notices and Orders. (i.) Returns- The owner, agent or manager of every mine is owner, agent required by sect. 33 of the Coal Mines Act, 1887, to send, on or before the 21st January in every year to the inspector of the district, on behalf of a Secretary of State, a correct return, in a form to be furnished on application by the inspector, specifying, with respect to the year ending on the preceding 31st December, the particulars contained in the form prescribed by Schedule 3 of the Act, or in such other form as a Secretary of State may from time to time prescribe in lieu thereof Particulars to (sub-sects. (1) (2)). The form given in Schedule 3 conunder Sched. 3 sists of-Part A, in which are entered the name, situa be returned tion and postal address of the mine, the names of the owner, manager and under-manager, and returns of the number of persons ordinarily employed, the quantity of mineral wrought and the number of days in each month on which coal or ironstone has been drawn: and Part B, in which are entered the name of the seam, the mode of ventilation, the diameter and depth of the shafts, the number of splits, the length and sectional area of airways, and the average total quantity of fresh air per minute. In the case, however, of mines not required Exception in by the Act to be under the control of a certificated not under manager, no return is required of the particulars con- certificated tained in Part B unless or until a Secretary of State otherwise prescribes (sub-sect. (1)). case of mines manager State may publish results of portion of The Secretary of State may publish the aggregate Secretary of results of the returns made under this section with respect to any particular county or inspector's district, aggregate and so much of any individual return as does not relate returns, to the quantity of mineral gotten or wrought, but may not publish the portion relating to the quantity of but not mineral gotten or wrought without the consent of the individual person making the return or of the owner of the mine returns as to to which it relates; and no person shall be entitled, without without such consent, to see such portion of any individual return except an inspector, or Secretary of State, or any commissioners incorporated for the drainage of mines and authorised to levy rates in respect of minerals gotten from such mines (subsect. (3)). mineral gotten owner's consent pliance an Owners, agents or managers of mines failing to Non-comcomply with this section or making false returns are offence against guilty of an offence against the Act (sub-sect. (4)). (ii.) Notices. Act given of Where loss of life or any personal injury occurs to Notice to be any person employed in or about any mine, whether accidents in above or below ground, by reason of any explosion of mines gas, or of any explosive, or of any steam boiler, or by |