(5) "Owner," in relation to any mire, means any person or body corporate who is the immediate proprietor, or lessee, or occapier of any mine, or of any part thereof, and does not include a person or body corporate who merely receives a royalty or rent from a mine, or is merely the proprietor of a mine subject to any lease, grant or license for the working thereof, or is merely the owner of the soil, and not interested in the minerals of the mine; but any contractor for the working of any mine or any part thereof shall be subject to this Chapter in like manner as if he was an owner, but so as not to exempt the owner from any liability;

(6) "Agent," in relation to any mine, means any person having, on behalf of the owner, care or direction of any mine or any part thereof;

(7) "Shift" means a body of men or boys, or both (other than men or boys engaged in attending to the ventilation of a mine), who go to work in a mine at a set period of the day.

(8) "Serious personal injury," means injury which is likely to incapacitate a person from working for a period longer than three days.

2. (1) Where in or about any mine, whether above or below ground, either,

(a) Loss of life or any personal injury to any person employ-
ed in or about the mine occurs by reason of any explosion of
gas, powder, dynamite, or other explosive, or of any steam
boiler; or

(b) Loss of life or any serious personal injury to any person
employed in or about the mine,
occurs by reason of any

89

accident whatever, the owner, agent or manager of the mine shall within twenty-four hours next after the explosion or accident, send notice in writing of the explosion or accident, and of the loss of life or personal injury occasioned thereby, to the Government Engineer, and shall specify in such notice the character of the explosion or accident, and the number of persons killed and injured respectively, and as soon after as possible and before the end of each year a return of facts relating to such accident or explosion in the form given in the Schedule A to this Chapter.

(2) Where any personal injury, of which notice is required to be sent under this section, results in the death of the person injured, notice in writing of the death shall be sent to the Government Engineer within twenty-four hours after such death comes to the knowledge of the owner, agent or manager.

(3) When loss of life or serious personal injury has immediately resulted from an explosion or an accident in a mine, the place where the explosion or accident occurred shall be left as it was immediately after the explosion or accident until the expiration of at least three days after the sending of the notice provided by this section, or until the visit to the place by the Government engineer or other person appointed, whichever first happens, unless compliance with this section would tend to increase or continue a danger or impede the working of the mine.

(4) Every owner, agent or manager who fails to act in compliance with this section shall be guilty of an offence against this Chapter.

3. (1) Where any mine has been abandoned, or the working thereof has been discontinued, the owner thereof, or his agent or manager, shall cause the top of the shaft and all entrances from the surface, and all pits and openings, dangerous by reason of their depth, to be and to be kept securely fenced for the prevention of accidents.

(2) When any mine has been abandoned the owner thereof, or his agent or manager, shall, if required by the Government Engineer, within three months after such abandonment, send to the Government Engineer an accurate plan of the workings of such mine up to the time of the abandonment on a scale of not less than two chains to one inch.

(3) Every such owner, agent or manager who fails to comply with this section shall be guilty of an offence against this · Chapter.

(a) Where any change occurs in the name of any mine, or in

(b) Where any working is commenced for the purpose of opening a mine;

(c) Where a shaft of any mine is abandoned or the working thereof discontinued; or

(d) Where the working of a mine is recommenced after an abandonment or discontinuance for a period exceeding two months;

the owner, agent or manager of such mine shall give notice thereof to the Government Engineer within two months after such change, commencement, abandonment, discontinuance or recommencement.

(2) If such notice is not given the owner, agent or manager shall be guilty of an offence against this Chapter.

(3) This section shall not apply to,—

5.

(a) Any working or mine in which not more than twelve men are ordinarily employed below ground; or

(b) Any working or mine exempted from compliance with this section by the Government Engineer.

(1) The Government Engineer shall have power to do all or any of the following things, namely:

(a) To make such examination and inquiry as is necessary to

ascertain whether the provisions of this Chapter relating
to matters above ground or below ground are complied
with in the case of any mine;

(b) To enter, inspect and examine any mine, and every part
thereof, at all reasonable times by day and night, but so
as not to impede or obstruct the working of the mine;
(c) To examine into and make inquiry respecting the state and
condition of any mine, or any part thereof, and the ventil-
ation of the mine, and the sufficiency of any special rules
for the time being in force in the mine, and all matters and
things connected with or relating to the safety of the per-
sons employed in or about the mine or any mine contiguous
thereto;

(d) To exercise such other powers as are necessary for carry

(2) Every person who wilfully obstructs the Government Engineer in the execution of his duty under this Chapter, and every owner, agent or manager of a mine, who refuses or neglects to furnish to the Government Engineer the means necessary for making any entry, inspection, examination or inquiry under this Chapter in relation to such mine, shall be guilty of an offence against this Chapter.

6. (1) If in any respect (which is not provided against by any express provision of this Chapter or by any special rule) the Government Engineer finds any mine, or any part thereof, or any matter, thing or practice in or connected with any such mine to be dangerous or defective, so as in his opinion to threaten or tend to the bodily injury of any person, or to the waste or misuse of any property of or leased from the Crown, the Government Engineer may give notice in writing thereof to the owner, agent or manager of the mine, and shall state in such notice the particulars in which he considers such mine, or any part thereof, or any matter, thing or practice, to be dangerous or defective, and require the same to be remedied; and unless the same is forthwith remedied he shall report the same to the Minister of Agriculture and Mines.

(2) If the owner, agent or manager of the mine objects to remedy the matter complained of in the notice, he may, within ten days after the receipt of such notice, send his objection in writing, stating the grounds thereof, to the Minister of Agriculture and Mines, and thereupon the matter shall be decided by arbitration, one arbitrator to be appointed by the Minister of Agriculture and Mines, one appointed by such owner or agent, the third by the resident Magistrate or Justice of the Peace; the award of the majority shall be final.

(3) Five days' notice of the time and place at which the arbitrators will hear such matter shall be given to the parties interested.

(4) If the owner or agent fails,—

(1) When no such objection is sent, to comply with the requisition of the notice within ten days after the expiration

(b) When there has been an arbitration, to comply with the

award within the time fixed by the award;

he shall be guilty of an offence against this Chapter, and the notice and the award shall respectively be deemed to be written notice of the offence.

(5) The Government Engineer, if satisfied that the owner or agent has taken active measures for complying with the notice or decision, but has not with reasonable diligence been able to complete the works, may extend such time of five days to such time as he deems proper; and if the works are completed within such time no penalty shall be inflicted.

(6) No person shall be precluded by any agreement from doing such acts as are necessary to comply with the provisions of this section, or be liable under any contract to any penalty or forfeiture for doing such acts.

7. (1) The owner, agent or manager of every mine, who is thereto required in writing by the Government Engineer, shall keep in the office at the mine an accurate plan of the workings of such mine, showing the workings up to a date not more than six months previously, and shall, when so required, produce such plan to the Government Engineer, and mark thereon the progress of the workings up to the time of such production, and furnish the Government Engineer a correct copy of such plan when so requested.

(2) Every owner, agent or manager who

(a) Fails to keep such plan when so required; or

(b) Refuses to produce the same to the Government Engineer and allow it to be examined by him; or

(c) Refuses on request to mark on such plan the state of the workings of the mine; or

(d) Conceals any part of such workings; or

(e) Produces an imperfect or inaccurate plan;

shall (unless he shows that he was ignorant of the concealment, imperfection or inaccuracy), be guilty of an offence against this Chapter.

8. Where it appears to the Government Engineer that a formal in