the office; the said bond to be approved and entered of record by the said county court. He shall not be directly or indirectly interested in any manner whatsoever as owner, stockholder, superintendent or oper ator, or otherwise, during the term of his office, which term shall be determined by the court, providing said term does not exceed two years. He shall receive such compensation as the county court may determine upon; and the said court may unite the office of "mine inspector" with that of "county engineer." The county court shall provide an anemometor and all other necessary instruments for testing the air; and in all cases where the inspector finds the provisions of this act, or any part thereof, not complied with in operating any mine, it is hereby made his imperative duty to demand and compel, by law, the collection from the owner, agent or operators of every such mine all the expenses of such inspection as provided for in section two (2) of this act; provided, however, that in all cases where the county court of any county in this State fail or refuse to appoint a competent and experienced inspector, as provided by this act, or where the said inspector is appointed and fails to attend to and perform the duties of his office, in accordance with the meaning, intent or spirit of this act, the circuit judge of the said county shall, at the request of any ten citi. zens of the said county, and upon proper proof of the incompetency or neglect of said inspector to properly perform his duties, as required by this act, remove the said inspector and appoint a properly qualified person to perform the duties of mine inspector for the unexpired term; and who shall be paid out of the county treasury, and whose compen sation shall not be less than three dollars per day for every day actually engaged in the discharge of his duties as such mine inspector; the number of days so engaged to be verified by him under oath before the said county court, and entered of record in said court.

SEC. 12. The inspector provided for in this act shall see that every necessary precaution is taken to insure the health and safety of the workmen therein employed; that the provisions and requirements of this act [be] faithfully observed and obeyed, and the penalties of the law enforced against all who wilfully disobey its requirements. He shall also collect and tabulate the following facts, that is to say: The number of acres of workable coal lands in his county, the number and thickness of the coal beds and their respective depths below the surface; how they are mined, whether by shaft, slope or drift; the number of mines in operation; the number of men employed therein; and the aggregate yearly production in tons, together with an estimate of the amount of capital employed in coal mining in this [the] county, and any other information relative to coal mining that he may deem

necessary; all of which facts, so tabulated, together with a statement of the condition of the mine as to safety and ventilation; and the general result of his examination into the causes of all accidents in and about the coal mines of his county, he shall fully set forth, in an annual report to the "Commissioner of Labor Statistics," with his recommendations as to such other legislation on this subject as he may deem proper; he shall also furnish such information as may have obtained upon this subject when called for by the State Geologist.

SEC. 13. It shall be lawful for the inspector, provided for in this act, to enter, examine and inspect any and all coal mines and machinery belonging thereto, at all reasonable times by day or by night, but so as not to obstruct or hinder the necessary workings of such coal mine, and the owner, agent or operator of every such coal mine ist hereby required to furnish all necessary facilities for entering such examination and inspection; and if the said owner, agent or operator aforesaid shall refuse to permit such inspection, or furnish the necessary facilities for such entry, examination and inspection, the inspector shall file his affidavit, setting forth such refusal before the judge of the circuit court in said county in which said mine is situated, either during the term of the court or during vacation and obtain an order on such owner, agent or operator so refusing as aforesaid, commanding him to permit and furnish such facilities for the inspection of such coal mine, or to be adjudged to stand in contempt of court, and punished ac cordingly; and if the said inspector shall, after examination of any coal mine and the works and machinery pertaining thereto, find the same to be worked contrary to the provisions of this act, or unsafe for the workmen therein employed, said inspector shall, through the circuit attorney of his county, or any attorney in case of his refusal to act, acting in the name and on behalf of the State, proceed against the owner, agent or operator of such coal mine, either separately or collectively, by injunction, without bond, after giving at least two days' notice to such owner, agent or operator; and said owner, agent or operator, shall have the right to appear before the judge, to whom application is made, who shall hear the same on affidavits and such other testimony as may be offered in support, as well as in opposition thereto; and if sufficient cause appear, the court, or judge in vacation, by order, shall prohibit the further working of any such coal mine in which persons may be unsafely employed, contrary to the provisions of this act, until the same shall have been made safe, and the requirements of this act shall have been complied with; and the court shall award such costs, in the matter of the said injunction, as may be just; but any such proceed

ings, so commenced, shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this act.

SEC. 14. For any injury to persons or property, occasioned by any wilful violations of this act, or wilful failure to comply with any of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby; and in case of loss of life, by reason of such wilful violation or wilful failure as aforesaid, a right of action shall accrue to the widow of the person so killed, his lineal heirs or adopted children, or to any other person or persons who were, before such loss of life, dependent for support on the person or persons so killed, for a like recovery of damages sustained by reason of such loss of life or lives.

SEC. 15. Any miner, workman or other person, who shall knowingly injure any water gauge, barometer, air-course or bratice, or shall obstruct or throw open any air ways, or carry any lighted lamps or matches into places that are worked by the light of safety lamps, or shall handle or disturb any part of the machinery of the hoisting engine, or open a door in the mine and not have the same closed again, whereby danger is produced either to the mine or those at work therein, or who shall enter into any part of the mine against caution, or who shall disobey any order given in pursuance of this act, or who shall do any wilful act whereby the lives and health of persons working in the mine, or the security of the mine or miners, or the machinery thereof, is endangered, shall be deemed guilty of a misde meanor, and, upon conviction thereof, shall be punished by fine or imprisonment at the discretion of the court.

SEC. 16. The owner, agent or operator of any coal mine shall keep a sufficient supply of timber, when required, to be used as props, so that the workmen may, at all times, be able to properly secure the said workings from caving in; and it shall be the duty of the owner, agent or operator to send down all such props when required.

SEC. 17. All acts or parts of acts inconsistent with this act are and the same are hereby repealed.

Approved March 23, 1881.

SECTION 1. Any person or persons who keep any public or pri vate scales, and weighs for themselves or others, mineral, lead, zinc, coal and other ores, who knowingly takes more than ten hundred pounds for one thousand, or more than twenty hundred pounds avoirdupois for one ton, or fails to correctly balance his or their scale before weighing, or shall fail or neglect to account for each fractional part of a thousand or ton, as the case may be, in weighing any of the ores herein named, which ores are bought and sold by the thousand or ton,

shall, for every such offense, forfeit and pay to the party injured, a sum not less than twenty dollars nor more than fifty dollars, to be recovered by civil action before any justice of the peace in the county. Approved March 28, 1881.

CORPORATIONS: WAGES OF LABOR, HOW PAID.

AN ACT to provide for the Payment of Wages of Labor in the Lawful Money of the United States.

Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. It shall not be lawful for any corporation, person or firm engaged in manufacturing or mining in this State to issue, pay out or circulate for payment of the wages of labor, any order, check, mem-, orandum, token or evidence of indebtedness, payable in whole or in part otheiwise than in lawful money of the United States, unless the same is negotiable and redeemable at its face value without discount, in cash, or in goods, wares, merchandise or supplies, at the option of the holder, at the store or other place of business of such firm, person or corporation, or at the store of any other person on whom such paper may be drawn where goods, wares or merchandise are kept for sale, sold or exchanged; and the person who, or corporation, firm or company which may issue any such order, check, memorandum, token or other evidence of indebtedness, shall, upon presentation and demand, at any time after the maturity thereof, redeem the same in goods, wares, merchandise or supplies, at the current cash market prices for like goods, wares, merchandise or supplies, or in lawful money of the United States, as may be demanded by the holder of any such order, memorandum, token or other evidence of indebtedness.

SEC. 2. Any officer or agent of any corporation, or any person, firm or company engaged in the business of manufacturing or mining in this State, who, by themselves or agent, shall issue or circulate in payment for wages of labor any order, check, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise than

in lawful money of the United States, without being negotiable and payable at the option of the holder in goods, wares, merchandise, sup plies or lawful money of the United States, as required by the first section of this act, or who shall fail to redeem the same when presented for payment at or after the maturity thereof, at his or their office or place of business, in lawful money of the United States, or who sball compel or attempt to coerce any employe of any such corporation, person, firm or company to purchase goods, wares, merchandise or supplies from any particular person, firm or corporation, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten nor more than five hundred dollars for each and every such offense.

SEC. 3. All fines which may be collected under the provisions of this act shall be paid into the county treasury of the county in which the prosecution shall be instituted, for the benefit of the public school fund of such county.

SEC. 4. Every circuit and prosecuting attorney in this State, upon his own knowledge of the facts, or upon the statement of any person whom he has reason to believe, and does believe to be credible, that any person has violated any of the provisions of this act, may file an information against such person in any court of competent jurisdiction, and prosecute him in the manner provided by law for the prosecution of misdemeanors.

Approved March 26, 1881.