Definition of large and small coal. royalty herein before reserved on large coal shall be payable upon every 2,520 lb. of every such ton, and the royalty hereinbefore reserved on small coal upon the remaining 120 lb. thereof, whatsoever may be the actual proportions of large and small coal respectively therein, it being the intention of the parties hereto that the said A. B., his executors, &c., shall not for any cause or upon any pretence be entitled to the benefit of the small coal royalty hereby reserved upon a greater proportion than 120 lb. of every 2,640 lb. of coal worked and obtained as large coal and that no abatement of royalty or allowance on weight either in respect of breakage or upon any pretext whatever shall be made in regard to any minerals other than coal. Clause G. And it is hereby agreed and declared that the term large coal shall include all coal that will not pass through a screen the bars of which are one inch asunder, and the term small coal shall include all coal that will pass through such a screen. COPY. A 5121 LETTER referred to, p. 356. Note to s. 51 (ƒ) (2) (V). WHITEHALL, 31st May, 1881. THE Secretary of State having submitted a case for the opinion of the Law Officers of the Crown as to the interpretation of the requirement in Section (8) (ƒ) (2) (1) 51 (8) (ƒ) (2) (b) of the "Coal Mines Regulation Act, 1872," making it obligatory on the persons ordinarily employed in the mine to be out of the mine when gunpowder is used under the circumstances specified in the Rule, I am directed to acquaint you that the Attorney and Solicitor General have given it as their opinion that the terms, "person ordinarily em(8) (f) (2) (b) ployed in the mine," in s. 51 (8) (ƒ) (2) (b), would include the night shift, consisting of labourers engaged in making ready the mine for the mining operations of the miners constituting the day shift, so as to make it obligatory for the persons employed in the night shift to be out of the part of the mine when and where gunpowder is used under the circumstances already referred to. They think the distinction intended to be drawn is between those ordinarily employed in the mine, in whatever capacity, and those specially employed in the blasting operations. I am, Sir, Your obedient Servant, (Signed) INSPECTOR OF MINES. GODFREY LUSHINGTON. INDEX. ACCIDENTS IN MINES, 257–279. causes of, 257. liability of master for, 257 (see head of Employers' Liabilities.) AGENT, 138, 378. definition of, 138. contracts by, 139, 140. general and special agents, 139. powers of agents, 140. AGREEMENT FOR A LEASE, 39. distinction between lease and agreement, 39. AMBIGUITY, 35. in a deed, evidence to explain, 35. ARTIFICER, who is under the Truck Act, 290-292. ARTIFICIAL WATER-COURSES, 119. AVERAGE CLAUSE, Appendix. BANKRUPTCY, of a master, Addenda. of one partner, 133. clause in lease to provide for, Appendix. BARRIERS (see Inundations and Barriers), breaking through, liability for, 216. BILLS OF SALE ACTS, 1878, 1882, 96, 97. assignments of trade machinery require registration, 96. Bill of Sale to be attested and registered within seven BOYS, age of, to be employed underground, 307. BREAKAGE, clause in lease relating to, Appendix. BRICKFIELDS, poor-rate upon, 185. BUILDINGS, right to support for, 198, 200, 202. CAMPBELL'S (LORD) ACT, 279. CANALS, law as to minerals under, 256. COAL, property in, 1. right to work when severed from surface, 18. lying under railways and canals, 243-256. winning, 60. COAL MINES REGULATION ACT, 1872, employment of women, young persons, and children, wages, 316-322. single shafts, 322-326. |