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agent of the mine being examined, but said owners, lessor, lessee or agent shall render such assistance as may be necessary to enable the inspector to make the required examination.
Sec. 7. Whenever the inspector of mines shall receive a formal complaint in writing, signed by three or more persons, setting forth that the mine in which they aie employed is dangerous in any respect, he shall, in person or by deputy, visit and examine such mine: Provided, every such formal complaint shall in all cases specificially set forth the nature of the danger existing at the mine, and shall describe with as much certainty as is possible, how such danger, apparently or really, renders such mine dangerous, and shall set forth the time the cause of such danger was first observed, and shall distinctly set forth whether or not any notice of such defect or danger has been given by the complainants or any one else to their knowledge, to the superintendent of such mine, and if no such complaint has been made to such superintendent, the reason why it has not been made: And provided further, That all complaints shall be duly verified by the three or more complainants who shall sign the same before some officer authorized by law to administer oaths. After such complaint shall have been received by the inspector of mines, it shall be the duty of such inspector to serve a certified copy thereof, but without the names of the complainants. upon the superintendent, or manager, or owner of such mine, at any time before he visits the same, and as soon as possible to visit such mine; and if from such examination he shall ascertain that the said mine is frorn any cause in a dangerous condition, he shall at once notify the owner, lessor, lessee, or agent thereof, such notice to be in writing, and to be served by copy on such owner, lessor, lessee, or agent, in the same manner as provided by law for the serving of legal notices or process, and said notice shall state fully and in detail, in what particular manner such mine is dangerous or insecure, and shall require all necessary changes to be made without delay, for the purpose of making said mine safe for the laborers employed therein; and in case of any criminal or civil procedure at law against the party or parties so notified, on account of loss of life or bodily injury sustained by any employe subsequent to such notice, and in consequence of a neglect to obey the inspector's requirement, a certified copy of the notice served by the inspector shall be prima facie evidence of the culpable negligence of the party or parties so complained of. Nothing in this act shall be so construed as to give the control of any mine to the mine inspector or deputy, or to allow them to interfere with the working of
Sec. 8., It shall be the duty of the inspector of mines at least once in each year, either in person or by a duly authorized deputy, to visit each mining county in Montana, and examine as many of the mines in the different counties as practicable, and shall make such recommendation as in his judgment are necessary to insure the
safety of the workmen employed therein; and whenever, from his examination, he shall find any mine to be in an unsafe condition he shall at once serve a notice upon the owner, lessor, lessee, or agent thereof, as provided for in section seven of this act.
SEC. 9: Whenever a serious or fatal accident shall occur in any mine in Montana it shall be the duty of the owner, lessor, lessee, agent or superintendent thereof to immediately and by the quickest means notify the inspector of mines or his deputy as may be most convenient, and upon receiving such notice the inspector in person or deputy shall at once repair to the place of accident, and investigate fully the cause of such accident and whenever possible to do so the inspector or his deputy shall be present at the coroner's inquest held over the remains of the person or persons killed by such' accident, and shall testify as to the cause thereof, and shall state whether in his opinion the accident was due to the negligence or mismanagement of the lessor, lessee, owner or agent of such mine, or the manager or superintendent or other persons in charge. If the inspector or deputy inspector cannot be immediately present in case of a fatalor serious accident occuring, it shall be the duty of the superintendent, owners, or person in charge of the mine to have written statements made by those witnessing same and duly sworn to.
In case of no person being present at the time of the accident, then the statement of those first present shall be taken, which statements shall be sworn to before some person qualified to administer oaths, and such sworn statements shall be placed in the hands of the inspector or deputy inspector upon the demand of either of those officers.
Sec. 10. Any owner, lessor, lessee or agent of any mine who shall fail to comply with the provisions of section nine of this act, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not exceeding one thousand dollars ($1,000.)
SEC. II. All corporations or individuals working mines in Montana who shall employ or permit to be employed in such mines any children under fourteen years of age shall be deemed guilty of a misdemeanor and on conviction thereof, shall be punished by a fine not exceeding one thousand dollars.
SEC. 12. The inspector of mines before entering upon the duties of his office shall give a good and sufficient bond in the penal sum of five thousand (5,000) dollars, conditioned on the faithful performance of his duties, and with two or more surities. Said bond to be approved by the governor of Montana and the deputy inspector of mines shall give a like bond in the sum of twenty-five hundred (2,500) dollars, to be approved by the governor, said bonds to be filed with the auditor of Montana.
SEC. 13. The inspector of mines shall make a report to the governor of Montana, on the first day of December of each year, and said report shall enumerate all accidents that have occurred in the
mines of Montana which have occasioned serious injury or resu fatally to persons employed therein together with the nature cause of such accident. Said report shall also contain statistical other information which may tend to promote the developmen the mineral resources of Montana and shall generally set forth result of the inspectors' labors for the year; such reports shal printed as are the reports of other territorial officiers.
SEC. 14. All maps and plans of mines and papers belonging the inspector's office and relating to the business thereof, and all records of said office shall be by him properly kept and arrang and upon the expiration of his term of office turn over to his s cessor.
Sec. 15. The provisions of this act shall not apply to mine which less than five (5) men are employed or to mines in which other person but the owner or owners or lesses thereof are pero ted to work.
Sec. 16. This act shall take effect on and after June first, 18 Approved, March 14, 1889.
JURY. AN ACT to amend section two hundred and fifty-five first division Compiled Statut
Montana relating to the formation of the jury. Be it enacted by the legislative assembly of the territory of E
That section two hundred and fifty-five first division, code civil procedure, be amended so as to read as follows: Section hundred and fifty-five, at the commencement of any term of district court, or as soon thereafter as the trial jurors summo shall be in attendance, the judge shall examine the jurors who pear, and if more than twenty-four trial jurors who are qualif and not subject to any exemption, or any of the disqualificati provided by law, shall appear and remain after all excuses are lowed, the court shall discharge by lot the number in excess twenty-four. If for any reason the panel of trial jurors shall : be full at the opening or court, or at any time during the ter the clerk shall under the direction of the court, draw from box furnished by the county commissioners as provided by law, many additional names as the court shall direct to fill such pan who shall be summoned in the same manner as the others, and neccessary jurors may be so drawn and summoned, from time time, until the panel shall be filled; Provided, That if any pers whose name is drawn from the box at any time after the co mencement of the court resides at a place remote from where su court is held, the slip of paper containing such name, shall be agi placed in the box by said clerk, and another name drawn therefro instead. When from challenges or other cause the regular par shall be exhausted, and a jury cannot be obtained in particu e, the clerk of the court under direction of the judge thereof, draw additional names from the box furnished by the county missioners, and the persons so drawn shall be summoned as rs in the pending cause;
Provided, If any of the persons so En reside at a distance from where the court is held, so that
person cannot readily be summoned, the court in its discretion direct the name so drawn to be returned to the jury box and her name to be drawn instead; if the person so drawn and moned shall be insufficient to complete the jury, the names of r persons shall be drawn and summoned in like manner until a is obtained. If from any cause the names contained in said (including the name set aside as herein provided) shall be exted without obtaining a competent jury, the court may order a re to be issued directing the sheriff to summon from the citi
of the body of the county, and not from bystanders, so many ified persons as may be necessary to complete the jury in the ling trial, but upon objection by either party to the cause to sheriff serving such venire, the court shall appoint a bailiff to e the same, when a sufficient number of persons having the ifications of jurors, as provided by law, to fill the panel, in order a jury may be drawn therefrom, and when such jury is drawn persons selected from the citizens to fill the panel and not en on the jury shall be discharged from the panel, and those en to serve on the jury shall also be discharged from the panel de conclusion of the trial; Provided, That persons so selected I not thereby be disqualified or exempt from service as jurors n regularly drawn by the clerk for that purpose in the manner vided by law. Any person who shall seek the position of juror, yho shall ask any attorney or other officer of the court, or other son, to secure his selection as a juryman, shall be deemed guilty contempt of court. Any attorney or party to a suit pending trial at that term who shall request or solicit the placing of any son upon a jury, shall be deemed guilty of a contempt of court. jury shall consist of twelve persons. The parties to any civil
or in cases of misdemeanor, may consent to any number not than three; such consent shall be entered by the clerk in the utes of the trial. EC. 2. All acts and parts of acts in conflict with this act be the same are hereby repealed.
This act shall take effect from and after its passage approval by the governor. Approved, March 2, 1889.
JURIES. AN ACT relating to she drawing of juries, and to repeal sections twelve hundred and nine
ty-seven, twelve hundred and ninety-eight, twelve hundred and ninety-nine, thirteen hundred, thirteen hundred and one, thirteen hundred and two and thirteen hundred and three of chapter seventy-eight, fifth division general laws, Compiled Statutes of
Montana. Be it enacted by the legislative assembly of the territory of Mon
SECTION I. It shall be the duty of the judge of the district court, at each regular term that shall be holden in any county, to appoint three persons of honor and respectability, not parties litigant to any matter pending in such court, and who shall have resided in such county at least two years next preceding, and shall also possess the qualifications required by law for jurors, to constitute jointly along with the judge of probate of said county and the county clerk, a commission to select a grand and petit jury, whose duty it shall be to serve at the next regular term of said court in each county.
SEC. 2. It shall be the duty of the persons so appointed, upon being notified of their appointment by the clerk of such court or his deputy, to attend without delay at the place where said court shall be holden, art shall each take an oath, in open court, that they are not in any way interested in any matter pending in said court, and that they will faithfully and impartially discharge their duties in said commission, in the selection of grand and petit jurors.
After the oath aforesaid shall be duly taken it shall be the duty of the said persons to retire with the probate judge and the county clerk to some convenient room, and select twenty qualified persons to compose a grand jury for the next succeeding term of the court, having before them the county assessors books of the county.
SEC. 4. The names of the persons so selected for grand jurors shall then be made up into a written list and enclosed in an envelope and sealed up and be delivered, by one of the commissioners, to the judge of the district court, who shall write across the place for sealing, the words “grand jurors, for the next regular term of the district court for
county.' SEC. 5. The jury commissioners for such county shall then proceed to draw a petit jury for the next ensuing term of court in manner following: 'In any county where the population exceeds ten thousand such commissioners shall select the names of three hundred persons lawfully qualified to serve as jurors from the county assessor's books of the county, and in any county where the population is ten thousand or less, they shall select the names of one hundred and fifty persons lawfully qualified to'serve as jurors, from such assessor's books, and the names of the persons so selected, after being written on separate slips of paper, shall be deposited in a box to be provided for such purpose and well shaken up, and from the names so deposited the jury commissioners shall