guilty of a misdemeanor, and punished by a fine in the discretion of the court trying the same, subject, however, to the limitations as provided by section ten of this act.

SEC. 7. No owner, agent or operator of any coal mine operated by shaft or slope, shall place in charge of any engine whereby men are lowered into or hoisted out of the mines, any but an experienced, competent and sober person, not under eighteen (18) years of age; and no person shall be permitted to ride upon a loaded cage or wagon used for hoisting purposes in any shaft or slope; and in no case shall more than twelve (12) persons ride on any cage or car at one time, nor shall any coal be hoisted out of any coal mine while persons are descending into such coal mine; and the number of persons to ascend out of or descend into any coal mine on one cage shall be determed by the inspector; the maximum number so fixed shall not be less than four nor more than twelve, nor shall be lowered or hoisted more rapidly than five hundred feet to the minute.

SEC. 8. All boilers used in generating steam in and about coal mines shall be kept in good order, and the owner, agent or operator, as aforesaid, shall have the said boiler examined and inspected by hydrostatic pressure and warm water, by a competent boiler maker or other qualified person, as often as once every six months, and the result of every such examination shall be certified in writing to the mine inspector; and the top of each and every shaft, and the entrance of each and every immediate working vein, shall be securely fenced by gates properly covering and protecting such shaft and entrance thereto; and the entrance to every abandoned slope, air or other shaft, shall be securely fenced off; and every steam boiler shall be provided with a proper steam gauge, water gauge and safety valve; and all underground self-acting or engine planes, or gangways, on which coal cars are drawn and persons travel, shall be provided with some proper means of signaling between the stopping places and the end of said planes or gangways, and sufficient places of refuge at the sides of such planes or gangways shall be provided at intervals of not more than twenty feet apart.

SEC. 9. Whenever loss of life or serious personal injury shall occur by reason of any explosion or of any accident whatsoever, in or about any coal mine, it shall be the duty of the person having charge of such coal mine to report the facts thereof without delay to the mine inspector of the county in which such coal mine is located or situated; and if any person is killed thereby, to notify the coroner of the county also, or in his absence or inability to act, any justice of the peace of said county; and the said inspector shall, if he deem it necessary from

the facts reported, immediately go to the scene of the said accident and make suggestions, and render such assistance as he may deem necessary for the safety of the men; and the inspector shall investigate and ascertain the cause of such explosion or accident and make a report thereof, which he shall preserve with the other records of his office; and to enable him to make such investigations, he shall have the power to take depositions, compel the attendance of witnesses and administer oaths or affirmations to them; and the cost of such investigations shall be paid by the county court of the county in which such accident shall have occurred, in the same manner as costs of coroners' inquests are now paid. And a failure on the part of the person having charge of any coal mine in which any such accident may have occurred to give notice to the inspector or coroner, as provided for in this section, shall subject such person to a fine of not less than one hundred nor more than three hundred dollars, to be recovered of him in the name of the State of Missouri, before any justice of the peace of such county wherein the mine is situate and the accident occurred; and such fine, when collected, shall be paid into the county treasury for the use and benefit of said county.

SEC. 10. In all cases in which punishment is not provided for by fine under this act, for a breach of any of its provisions, the fine for a first offense shall not be less than fifty nor more than two hundred dollars, and for the second offense not less than two hundred nor more than five hundred dollars, to be recovered in any court of the State having competent jurisdiction.

SEC. 11. The county court in each and every county in this State where coal mines are situated, and are now or may be hereafter oper*ated or worked, is hereby authorized, and it is hereby made its duty to appoint an inspector of mines at its first meeting after this act shall have taken effect, who shall have been a resident of the county at least one year prior to his appointment, and shall possess the qualifications of a mining or civil engineer, or shall have had experience in mining and operating mines. He shall also take the oath of office, provided for by the Constitution of the State or the statutes thereof in such cases, and shall be required to furnish satisfactory evidence to the court that he has had sufficient practical experience to faithfully discharge the duties of the office. He shall give a bond in the sum of five thou sand dollars in not less than two good and sufficient sureties, who shall be the owners of unencumbered real estate, located in the county, conditioned upon the due, faithful and impartial discharge of the duties of 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 operator, 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 citizens 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 compensation 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 verifled 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 willfully 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 the 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 informatioh 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 gen

eral results 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 been 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 is 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 or 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 accordingly; 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 cir-, cuit 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 proceedings, 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 willful violations of this act, or willful 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 willful violation or willful 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 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 brattice, or shall obstruct or throw open any air ways, or carry any lighted 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 willful 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 misdemeanor, 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 private scales, and weighs for themselves or others, mineral, lead, zinc, coal and other ores, who knowingly takes 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.