SEC. 7044. Scrapping for ore prohibited, etc.—penalty.—It shall be unlawful for any person to take or in any manner receive or obtain any lead or zinc ore by means of gleaning or culling, commonly called "scrapping," without first having obtained the written consent of the person having possession and control of the mine from which said ores are to be taken; and it shall be unlawful for any person or company of persons to purchase, or in any manner to receive any lead or zinc ore which may have been stolen or taken by means of culling or gleaning, commonly called “scrapping,” without such written consent as aforesaid, knowing that said ores have been so stolen or taken without written consent, as herein provided. Any person violating the provisions of this section, on conviction shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail not more than one year, or by both such fine and imprisonment; and the inadequacy of the price paid for such ore, the quantity purchased or received, and the fact that the person from whom such ores may have been purchased or received is not regularly engaged in running or operating mines for such ores, may be shown, and shall be received as prima facie evidence of guilty knowledge of the person so purchasing or receiving such ores: Provided, however, that nothing herein contained shall be so construed as to prevent any person from gleaning, culling or scrapping for ores about his own mine, nor to prevent any person from purchasing such ores when the same have been obtained in such manner by the owner or operator of any such mine. (New section.)

SEC. 7045. Indemnity bond required to mine in certain cities, etc.—violation a misdemeanor-penalty.-No person, company or corporation shall hereafter sink a shaft, mine, tunnel, excavate or drift for coal, or take out any coal of any kind within the corporate limits or designated boundaries of any city, town or village in this state containing one thousand inhabitants or more, without having first applied and filed, and have approved, and indemnity bond as hereinafter provided for; and any person or persons violating the provisions of this section, and any member or stockholder or officer of any company or corporation who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than five hundred dollars, or imprisonment in the county jail for not less than six months, or by both such fine and imprisonment. (R. S. 1879, 6450.)

SEC. 7046. Notice of intention to mine-publication required.-Every person, company or corporation desiring to carry on any of the mining operations provided for in the preceding section shall give at least thirty days' notice of such intention by notice printed and published in some newspaper printed in such town, city or village where such mining operations are proposed to be carried on, or if no newspaper be printed in such city, town or village, then in some newspaper printed in said county, or if no newspaper be printed in such county, then by written or printed hand-bills posted up in six public places in the city, town or village wherein such mining operations are proposed to be carried on. Such notice shall contain an accurate description of the locality where such mining operations are to be carried on, giving the number of lot and block, and shall also state the nature of such mining operations, and name some day of the term of the next circuit court in said county, thereafter to be holden, when such person, company or corporation will offer for filing and approval the indemnity bond hereinafter provided for. (R. S. 1879, 6451.)

SEC. 7047. Petition to circuit court-court to fix and approve bond —On the day mentioned in such notice, the persons, company or corporation proposing to carry on such mining operations shall present their petition to said circuit court, setting

out the locality of the proposed mines and the nature and extent of the proposed mining operations, and shall also file with such petition the title papers of such person or company or corporation to the lands on which such mining operations are proposed to be carried on, showing either the fee simple title of such land in such company, or the right to mine beneath or in such land, and shall also contain the names of all persons to be offered as security upon the mining bond of such persons, company or corporation, and shall pray the court to fix and approve the mining bond of such persons or corporation. (R. S. 1879, ¿ 6452 )

SEC. 7048. Testimony on application-bond, etc --time granted. -The court may, upon such application, hear testimony upon all the matters involved in such application, including testimony upon the solvency and responsibility of the sureties offered, and may hear testimony from any person interested in the lots and lands in the neighborhood of such proposed mining operations, and if the court is satisfied that the proposers own the land or mining privileges under the land described in their petition, the court shall fix the amount of the bond to be given by such proposers, such bond to be in no case for less than one thousand dollars; and upon the giving and approval of such bond so fixed by the court,the court shall enter its order authorizing the mining operations specified in said petition, and upon the localities therein named, and not elsewhere, for the space of two years, unless in the meanwhile revoked. (R. S. 1879. 2 6453.)

SEC. 7049. Bond required.-Such bond shall be signed by the proposers, and by not less than two sureties, to be approved by said court, residents of the county, wherein such mining is to be carried on, and shail be made payable to the state of Missouri, and conditioned that the principal in said bond shall carry on the mining operations proposed in the petition in a careful manner, and the said parties shall not mine, dig, excavate nor take coal nor earth from nor under any land or lots than that described in the said bond, and shall pay all damages that may be sustained by any and all persons by reason of the violation of any of the conditions of said bond, and any and all charges, fines and penalties that may be levied, assessed against or imposed upon the said proposers, their agent, servants, stockholders, officers or employes, by reason of any violation of the conditions of said bond or any of the provisions of this law. (R. S 1879, 6451.)

SEC 7050. Written permission of property owner-violation, misdemeanor-penalty, fines, etc.-Any person or persons who shall in person or by their servant, agent or employe, dig, excavate, mine, tunnel or drift upon or under the lands or lots of another, within the incorporate limits or designated boundaries of any city, town or village in this state, and every officer and stockholder that shall either authorize or permit its servants, agents or employes to dig, excavate, mine, tunnel or drift upon or under the lands or lots of another within such limits or boundaries of such city, town or village, without the written permission of the owner or owners of such land or lots, shall be deemed guilty of a misdemeanor, and shall be punished, on conviction, for every such offense, by fine of not less than five bundred dollars, with costs, which fine and costs, if not paid within five days after conviction, may be sued for and recovered against the parties and sureties on the mining bond of such persons, company or corporation liable for such acts, in a suit upon such bond, in the name of the state of Missouri, to the use of the county in which such offense is committed; such fine. when collected, shall be paid, one-half to the owner of the property injured by such offense, and the other half into the school fund of such county; but no such conviction shall be a bar to the owner of such property prosecuting a suit on said bond to his own use for the damages sustained by any such offense. Every such conviction, whether appealed from or not, shall work a for

feiture of the authority to mine granted such person, company or corporation liable, and they shall not proceed further with the operations, except by making application and giving a new bond as in the first instance. (R. S. 1879 % 6455.)

SEC. 7051. Costs attending notice.-The costs attending the giving notice, making application and receiving mining privileges shall all be paid by the person, company or corporation making the same, and no such privilege shall take effect until all such costs be paid. (R. S. 1879, 6456.)

SEC 7052. Diagram of mines, etc., to be filed in court.-At each term of the circuit court, during the continuance of any mining license, every person, company or corporation carrying on such mining operations shall, at their own expense, cause to be made by the county surveyor of the county where such mines are located, and filed with the court, under oath of such surveyor, a complete and true diagram of such mines, showing with reference to the boundaries of such mines, and the lots and lands of neighboring owners, the extent of such mines, their drifts, tunnels and excavations, giving the length and breadth of each drift, bank and tunnel, so as to fully inform the court and parties in interest of the extent and character of such mining operations. Such plats and diagrams shall remain on file with the clerk of such court, and shall not be removed by any one from the file of such court. Any failure to file the diagram and plat herein provided for, or to make such diagram show all the particulars herein provided for, shall work a forfeiture of the mining privileges of such person, company or corporation, which forfeiture the court shall, on the motion of any party in interest, declare on three days' notice to the party holding such license or privilege. (R. S. 1879, 6457.)

SEC. 7053. Application of article to mining companies.-In no case shall the eight preceding sections of this article be so construed as to apply to persons, companies or corporations engaged in mining for lead, zinc or other ores or minerals, except coal. (R. S. 1879, 6158, amended.)

SEC. 7054. Screening coal before weighing prohibited.—It shall be unlawful for any mine owner, lessee or operator of coal mines in this state, employing miners at bushel or ton rates, or other quantity, to pass the output of coal mined by said miners over any screen or other device which shall take any part from the value thereof, before the same shall have been weighed and duly credited to the employe sending the same to the surface, and accounted for at the legal rate of weights as fixed by the laws of Missouri. (Laws 1885, p. 207.)

SEC. 7055. Weighman shall take an oath, etc., penalty.-The weighman emyloyed at any mine shall subscribe an oath or affirmation before a justice of the peace, or other officer authorized to administer oaths, to do justice between employer and employe, and to truly and correctly weigh the output of coal from the mines as herein provided. The miners employed by or engaged in working for any mineowner, operator or lessee of any mine in this state shall have the privilege, if they desire, of employing at their own expense a check-weighman, who shall have like equal rights, powers and privileges in the weighing of coal as the regular weighman, and be subject to the same oath and penalties as the regular weighman. Said oath or affirmation shall be kept conspicuously posted in the weigh-office, and any weigher of coal or person so employed, who shall knowingly violate any of the provisions of this article, or any owner, operator or agent of any coal mine in this state who shall forbid or hinder miners employing or using a check-weighman as herein provided, or who shall prevent or willfully obstruct any such check-weighman in the discharge of his duty, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each offense, or by imprisonment in the county

jail for a period not less than thirty days nor more than ninety days, or by both such fine and imprisonment, proceedings to be instituted in any court having competent jurisdiction. Whenever the commissioner of labor shall be satisfied that the provisions of this section have been willfully violated, it shall be his duty to forth with inform the prosecuting attorney of any such violation, together with all the facts in his knowledge, and the prosecuting attorney shall thereupon investigate the charge so preferred, and if he be satisfied that the provisions of this section have been so violated, it shall be his duty to prosecute the person or persons guilty thereof. (Approved March 26, 1295.)

SEC. 7056. Penalty for using false scales.-Any person or persons having or using any scale or scales for the purpose of weighing the output of coal at mines, so arranged or constructed that fraudulent weighing may be done thereby, or who shall knowingly resort to or employ any means whatsoever, by reason of which such coal is not correctly weighed and reported in accordance with the provisions of this article, shall be deemed guilty of a misdemeanor, and shall, upon conviction, for each such offense, be punished by a fine of not less than two hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for a period not to exceed sixty days, or by both such fine and imprisonment, proceedings to be instituted in any court of competent jurisdiction. (Laws 1885, p. 208.) SEC. 7057. Shall apply to loaders in certain mines The manner of weighing, as herein before provided for, shall apply to the class of workers in mines known as loaders, engaged in mines wherein the mining is done by machinery, whenever the workmen are under contract to load coal by the bushel, ton, or any quantity the settlement of which is had by weight. (Laws of 1885, p. 203, amended.)

SEC. 7058. Checks redeemable in money or goods, etc —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, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise 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 or 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, within thirty days from date or delivery thereof, redeem the same in goods, wares, merchandise or supplies at the current cash market price 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: Provided, that if said corporation, person or firm engaged as specified in this section have a regular pay-day once in every thirty days, then said corporation, person or firm shall not be required to redeem such token or evidence of indebtedness in cash until the first pay-day after the same become payable, as herein provided, and such token or evidence of indebtedness shall be presented for payment in cash only on such paydays. (Laws 1881, p. 73, amended, Laws 1885, p. 83.)

SEC. 7059. Employes to be paid monthly, etc.-The employes of operators of mines mentioned in this articles shall be regularly paid at least once in every thirty days, and at no pay-day shall there be withheld of the earnings of any employe any sum to exceed the amount due him for his labor for the four days next preceding any such pay-day. And such operators shall, whenever demand therefor shall be

made by any employe, issue to such employe a due-bill for the amount due him up to the day of the demand, which due-bill shall be negotiable, whatever the form thereof shall be, and shall be redeemed by such operator in cash or its equivalent, at the option of the holder, on any pay-day, if the same shall be presented for redemption by any holder thereof; and any such operator failing or refusing to pay his employes, or to issue to them his due-bills as in this section provided, shalt become immediately liable to any such employe in double the sum due such employe at the time of such failure or refusal, to be recovered by civil action in the name of such employe in any court of competent jurisdiction of the state. And no employe within the meaning of this article shall be deemed to have waived any right accruing to him under this section by any contract he may make contrary to the provisions hereof. (New section.)

SEC. 7060. Refusal to redeem orders-penalty.-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, supplies or lawful money of the United States, as required by section 7058 of this article, or who shall fail to redeem the same when presented for payment within thirty days from date or delivery thereof, by said company or its agents at his or their office or place of business, in lawful money of the United States, or who shall 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. (Laws 1885, p. 84.)

SEC. 7061. Maps of mine to be prepared, etc.-The owner, agent or operator of each and every mine in this state, employing ten or more men, shall make or cause to be made, at the discretion of the inspector or other person acting in that capacity, an accurate map or plan of the workings of such mine and each and every vein thereof, showing the general inclination of the strata, together with any material deflections in the said workings and the boundary lines of said mine, and deposit a true copy of said map or plan with the clerk of the county court of each county