weighing-machines as therein mentioned; and all the provisions of that section, including the liability to penalties, shall apply to such inspection.

(5) The inspector of weights and measures shall not, in fulfilling the duties required of him under this section, impede or obstruct the working of the mine.

(2) The Coal Mines (Check-weigher) Act, 1894

Section 1.-If the owner, agent, or manager of any mine, or any person employed by or acting under the instructions of any such owner, agent, or manager interferes with the appointment of a check-weigher, or refuses to afford proper facilities for the holding of any meeting for the purpose of making such appointment, in any case in which the persons entitled to make the appointment do not possess or are unable to obtain a suitable meeting-place, or attempts, whether by threats, bribes, promises, notice of dismissal, or otherwise howsoever, to exercise improper influence in respect of such appointment, or to induce the persons entitled to appoint a check-weigher, or any of them, not to reappoint a check-weigher, or to vote for or against any particular person or class of persons in the appointment of a check-weigher, such owner, agent, or manager shall be guilty of an offence against the Coal Mines Regulation Act, 1887.

(3) The Coal Mines (Weighing of Minerals) Act, 1905

Section 1 (1). The power conferred by the principal Act (Coal Mines Regulation Act, 1887) on the persons employed in a mine, and paid according to the weight of the mineral gotten by them, to appoint a check-weigher, shall include power to appoint a deputy to act in the absence of the check-weigher for reasonable cause, and the expression 'check-weigher,' when used in the principal Act or this Act, shall include any such deputy check-weigher during such absence as aforesaid.

(2) A statutory declaration made by the person who presided at a meeting for the purpose of appointing a check-weigher or deputy check-weigher, to the effect that he presided at that meeting, and that the person named in the declaration was duly appointed check-weigher or deputy check-weigher, as the case may be, by that meeting, shall be forthwith delivered to the owner, agent, or manager of the mine, and shall be prima facie evidence of that appointment.

(3) Where the check-weigher or deputy check-weigher was appointed by a majority, ascertained by ballot, of the persons employed in the mine, and paid according to the mineral gotten, the declaration shall so state, and if he was not so appointed,

then it shall state the names of the persons by whom or on whose behalf the check-weigher or deputy check-weigher was appointed. Where a check-weigher or deputy check-weigher is appointed by such a majority as aforesaid, he shall be deemed to be appointed on behalf of all the persons employed in the mine who are entitled to appoint him.

(4) The facilities to be afforded to a check-weigher, under Section 13 of the principal Act, shall include provision for a check-weigher of a shelter from the weather, containing the number of cubic feet requisite for two persons, a desk or table at which the check-weigher may write, and a sufficient number of weights to test the weighing-machine.

(5) When a check-weigher or deputy check-weigher is appointed by a majority, ascertained by ballot, of the persons employed in the mine, and paid according to the mineral gotten, he shall not be removed by the persons employed in the mine except by a majority, ascertained by ballot, of the persons employed and paid as aforesaid at the time of the removal.

Section 2 (1).-For the purposes of the principal Act and of this Act, the persons who are entitled, under Section 13 of the principal Act, to appoint a check-weigher, and from whom he is entitled, under Section 14 of the principal Act, to recover his wages or recompense, shall be deemed to include not only the persons in charge of the working places, but also all holers, fillers, trammers, and other persons who are paid according to the weight of the mineral gotten.

(2) Where there are persons employed in a mine who are employed by a contractor who is himself paid according to weight of mineral gotten, such persons, if they are either in charge of the working places or are holers, fillers, trammers, or brushers, shall, notwithstanding that they are paid by the contractor and otherwise than in accordance with the weight of mineral gotten, be deemed to be included among those who are entitled to appoint a check-weigher, and from whom he is entitled as aforesaid to recover wages or recompense; but the proportion of such wages or recompense recoverable in respect of such persons shall be paid by the contractor who employs them and recoverable by the check-weigher from him alone.

(3) The wages or recompense which a check-weigher may recover under Section 14 of the principal Act shall include expenses properly incurred by him in carrying out his work under the principal Act.

Section 3.-All persons who are entitled by the principal Act or this Act to appoint a check-weigher or deputy check-weigher shall have due notice given to them of the intention to appoint a check-weigher or deputy check-weigher, by a notice, posted at

the pithead or otherwise, specifying the time and place of the meeting, and have the same facilities given to each of them for the purpose of recording their votes, either by ballot or otherwise, in such appointment.

Section 4 (1).-This Act shall be construed as one with the principal Act.

(2) This Act may be cited as the Coal Mines (Weighing of Minerals) Act, 1905.

(d) PROCEDURE FOR SETTLING DISPUTES UNDER SECTION 18 OF THE METALLIFEROUS MINES REGULATION ACT, 1872, BETWEEN OWNERS OF METALLIFEROUS MINES AND MINING INSPECTORS BY ARBITRATION UNDER SECTION 21 OF THE SAME ACT

With respect to arbitrations under this Act, the following provisions shall have effect:

(1) The parties to the arbitration are in this action deemed to be the owner or agent of the mine, on the one hand, and an inspector of mines on behalf of the Secretary of State on the other.

(2) Each of the parties to the arbitration may, within twentyone days after the date of the reference, appoint an arbitrator.

(3) No person shall act as arbitrator or umpire under this Act who is employed in or in the management of or is interested in the mine to which the arbitration relates.

(4) The appointment of an arbitrator under this section shall be in writing, and notice of the appointment shall be forthwith sent to the other party to the arbitration, and shall not be revoked without the consent of such other party.

(5) The death, removal, or other change in any of the parties to the arbitration shall not affect the proceedings under this section.

(6) If within the said twenty-one days either of the parties fail to appoint an arbitrator, the arbitrator appointed by the other party may proceed to hear and determine the matter in difference, and in such case the award of the single arbitrator shall be final.

(7) If before an award has been made any arbitrator appointed by either party die or become incapable to act, or for fourteen days refuse or neglect to act, the party by whom such arbitrator was appointed may appoint some other person to act in his place; and if he fail to do so within fourteen days after notice in writing from the other party for that purpose, the remaining arbitrator may proceed to hear and determine the

matters in difference, and in such case the award of such single arbitrator shall be final.

(8) In either of the foregoing cases where an arbitrator is empowered to act singly, upon one of the parties failing to appoint, the party so failing may, before the single arbitrator has actually proceeded in the arbitration, appoint an arbitrator, who shall then act as if no failure had been made.

(9) If the arbitrators fail to make their award within twentyone days after the day on which the last of them was appointed or within such extended time (if any) as may have been appointed for that purpose by both arbitrators under their hands, the matter in difference shall be determined by the umpire appointed as hereinafter mentioned.

(10) The arbitrators, before they enter upon the matters referred to them, shall appoint by writing under their hands an umpire to decide on points on which they may differ.

(11) If the umpire die or become incapable to act before he has made his award, or refuses to make his award within a reasonable time after the matter has been brought within his cognisance, the persons or person who appointed such umpire shall forthwith appoint another umpire in his place.

(12) If the arbitrators fail or refuse, or for seven days after the request of either party to neglect to appoint an umpire, then on the application of either party an umpire shall be appointed by the chairman of the General or Quarter Sessions of the Peace within the jurisdiction of which the mine is situate.

(13) The decision of every umpire on the matters referred to him shall be final.

(14) If a single arbitrator fail to make his award within twentyone days after the day on which he was appointed, the party who appointed him may appoint another arbitrator to act in his place.

(15) The arbitrators and their umpire, or any of them, may examine the parties and their witnesses on oath; they may also consult any counsel, engineer, or scientific person whom they may think it expedient to consult.

(16) The payment, if any, to be made to any arbitrator or umpire for his services, shall be fixed by the Secretary of State, and, together with the costs of the arbitration and award, shall be paid by the parties or one of them, according as the award may direct. Such costs may be taxed by a master of one of the superior Courts, who, on the written application of either of the parties, shall ascertain and certify the proper amount of such costs. The amount, if any, payable by the Secretary of State shall be paid as part of the expenses of inspectors under this Act. The amount, if any, payable by the owner or agent may, in the

event of non-payment, be recovered in the same manner as penalties under this Act.

(17) Every person who is appointed an arbitrator or umpire under this section shall be a practical mining engineer or a person accustomed to the working of mines; but when an award has been made under this section, the arbitrator or umpire who made the same shall be deemed to have been duly qualified by this section.

(e) PROVISIONS AS TO SPECIAL Rules under the METALLIFEROUS MINES REGULATION ACT, 1872, SECTIONS 24-27

The owner or agent of any mine to which this Act applies may, if he think fit, transmit to the inspector of the district for approval by a Secretary of State, Rules (referred to in this Act as Special Rules) for the conduct and guidance of the persons acting in the management of such mine, or employed in or about the same, so as to prevent dangerous accidents, to provide for the safety and proper discipline of the persons employed in or about the mme, and such special rules, when established, shall be signed by the inspector who is inspector at the time such Rules are established, and shall be observed in and about every such mine in the same manner as if they were enacted by this Act.

If any person who is bound to observe the Special Rules established for any mine acts in contravention of, or fails to comply with any of such Special Rules, he shall be guilty of an offence against this Act, and also the owner and agent of such mine shall each be guilty of an offence against this Act, unless he proves that he had taken all reasonable means by publishing, and to the best of his power enforcing, the said Rules as Regulations for the working of the mine to prevent such contravention or non-compliance (Section 24).

The proposed Special Rules, together with a printed notice specifying that any objection to such Rules on the ground of anything contained therein or omitted therefrom may be sent by any of the persons employed in the mine to the inspector of the district at his address, stated in such notice, shall, during not less than two weeks before such Rules are transmitted to the inspector, Be posted up in like manner as is provided in this Act respecting the publication of Special Rules for the information of persons employed in the mine, and a certificate that such Rules and notice have been posted up shall be sent to the inspector with the Rules, signed by the person sending the same.

If the Rules are not objected to by the Secretary of State within forty days after their receipt by the inspector, they shall be established.