money; ACTS OF 1895. CHAPTER 127.-Payment of wages-Scrip, checks, etc., to be paid Scrip to be able. Not to be SEC. 2. No such scrip, check, duebill, or other evidence of debt, nontransferI shall be made nontransferable: Provided, That this act shall not be so construed as to force the payment, in cash, of any order that was issued with the express understanding and agreement that it was to be paid in something other than cash. Act not to affect set-offs. Act construed. Duty or inspector. SEC. 3. Nothing in this act shall affect the right of set-off and counterclaims between the payer and payee. SEC. 4. Nothing in this act shall be construed to legalize the issuing of said scrips, checks, duebills, or other evidence of debts, * Provided, Nothing in this law shall apply to the exchange of products of labor by any benevolent or charitable organization doing business with a view to the relief of the unemployed: Provided, That this act do not apply to Rutherford County. ACTS OF 1897. CHAPTER 251.-Commissioner of labor-Inspection of mines. [The following sections were enacted as an amendment to chapter 113, Acts of 1887, which is repealed by chapter 373 of the Acts of 1899. The repealing clause mentions only the original act and this law is presumed to be in force.] SECTION 2. It shall be the duty of the inspector to examine all the mines in the State as often as possible to see that all the provisions and requirements of this act are strictly observed and carried out; he shall particularly examine the works and machinery belonging to any mine, examine into the state and condition of the mines as to ventilation, circulation and condition of air, drainage and general security; he shall make a record of all examinations of mines, showing the date when made, the conditions in which the mines are found, the extent to which the laws relating to mines and mining are observed or violated, the progress made in the improvements and security of life and health sought to be secured by the provisions of this act, number of accidents, injuries received or deaths in or about the mines, the number of mines in the State, the number of persons employed in or about each mine, together with all such other facts and information of public interest, concerning the condition of mines, development and progress of mining in the State as he may think useful and proper, which record shall be filed in the office of the inspector, and as much thereof as may be of public interest to be included in his annual report. In case of any controversy or disagreement be tween the inspector and the owner or operator of any mine, or the persons working therein, or in case of conditions of emergencies requiring counsel, the inspector may call on the governor for such assistance and counsel as may be necessary; should the inspector find any of the provisions of this act violated, or not complied with by any owner, lessee or agent in charge, of such neglect or violation [sic], and unless the same is within a reasonable time rectified, and the provisions of this act fully complied with, he shall institute an action to compel the compliance therewith. The inspector shall exercise a sound discretion in the enforcement of this act. For the purpose of making the inspection and examiAccess to nations provided for in this section, the inspector shall have the right to enter any mine at all reasonable times, by night or by day, but in such manner as shall not necessarily obstruct the mines. 1 working of the mine; and the owner or agent of such mine is hereby required to furnish the means necessary for such entry and inspection; the inspection and examination herein provided for shall extend to fire clay, iron ore and other mines as well as coal mines. Records, re SEC. 3. The inspector shall make such personal inspection of the mines as he may deem necessary, and his other duties will permit; ports, etc. he shall keep in his office and carefully preserve all maps, surveys and other reports and papers required by law to be filed with him, and so arrange and preserve the same as shall make them a permanent record of ready, convenient and connected reference; he shall compile and consolidate the reports and annually make report to the governor of all his proceedings, the condition and operation of the different mines of the State, and the number of mines and the number of persons employed in or about such mines; the amount of coal, iron ore, limestone, fire clay or other mineral mined in this State; and for the purpose of enabling him to make such report, the owner, lessee or agent in charge of such mine, who is engaged in mining, and the owner, lessee or agent of any firm, company or corporation in charge of any fire clay or iron ore mines, or any limestone or quarry [sic], or who is engaged in mining or producing any mineral whatsoever in this State, shall, on or before the 30th day of November in every year, send to the office of the inspector upon blanks, to be furnished by him, a correct return, specifying with respect to the year ending on the preceding 1st day of October, the quantity of coal, iron ore, fire clay, limestone or other mineral product in such mine or quarry, and the number of persons ordinarily employed in or about such mine or quarry below and above ground, distinguishing the persons and labor below ground and above ground. Every owner, lessee or agent of a mine or quarry who fails to comply with this section, and makes any return which to his knowledge is false in any particular, shall be deemed guilty of a misdemeanor; he shall enumerate all accidents, and the manner in which they occurred in or about the mines, and give all such other information as he thinks useful and proper, and make such suggestions as he deems important relative to mines and mining, and any other legislation that may be necessary on the subject for the better preservation of the life and health of those engaged in such industry. SEC. 4. It is unlawful for the owner or agent of any coal mine, worked by shaft, to employ or permit any person to work therein, unless there are, to every seam of coal worked in such mine, at least two separate outlets, separated by natural strata of not less than one hundred feet in breadth, by which shafts or outlets distinct means of ingress and egress are always available to the persons employed in the mine; but it is not necessary for the two outlets to belong to the same mine, if the persons employed therein have safe, ready and available means of ingress or egress by not less than two openings. This section shall not apply to opening a new mine, while being worked for the purpose of making communications between said two outlets, so long as not more than twenty persons are employed at one time in such mine; neither *shall it apply to any mine or part of a mine in which the second outlet has been rendered unavailable by reason of the final robbing of pillars previous to abandonment, as long as not more than twenty persons are employed therein at any one time. The cage or cages and other means of egress shall at all times be available for the persons employed, when there is no second outlet. The escapement shafts shall be fitted with safe and available appliances by which the persons employed in the mine may readily escape in case an accident occurs, deranging the hoisting machinery at the main outlets, and such means or appliances of escape shall always be kept in a safe condition; and in no case shall an air shaft with a ventilating furnace at the bottom be construed to be an escapement shaft, within the meaning of this section. To all other coal mines, whether slopes or drifts, two such openings or outlets must be provided, within twelve months after shipments Escape shaft. Ventilation. Hoisting. Safety lamps. of coal have commenced from such mine; and in case such outlets are not provided as herein stipulated, it shall not be lawful for the agent or owner of such slope or drift to permit more than ten persons to work therein at any one time. SEC. 5. The owner or agent of any coal mine, whether shaft, slope or drift, shall provide and maintain for every such mine an amount of ventilation of not less than one hundred cubic feet per minute per person employed in such mine, which shall be circulated and distributed throughout the mine in such a manner as to dilute, render harmless and expel the poisonous and noxious gases from each and every working place in the mine, and no working place shall be driven more than sixty feet in advance of a break through or air way, and all break throughs or air ways, except those last made near the working places of the mine, shall be closed up by brattice trap doors, or otherwise so that the currents of air in circulation in the mine may spread to the interior of the mine when the persons employed in such mine are at work, and all mines governed by the statute shall be provided with artificial means of producing ventilation such as forcing or suction fans, exhaust steam furnaces, or other contrivances of such capacity and power as to produce and maintain an abundant supply of air, and all mines generating fire damp shall be kept free from standing gas, and every working place shall be examined every morning with a safety lamp by a competent person or persons before any of the workmen are allowed to enter the mine. All underground entrances to any place not in actual course of working or extension shall be properly fenced across the whole width of such entrance so as to prevent persons from inadvertently entering the same. No owner or agent of any coal mine operated by a shaft or slope shall place in charge of any engine used for lowering into or hoisting out of mines persons employed therein any but experienced, competent and sober engineers, and no engineer in charge of such engine shall allow any person except such as may be de puted for such purposes by the owner or agent to interfere with it or any part of the machinery, and no person shall interfere or in any way intimidate the engineer in the discharge of his duties, and in no case shall more than two men ride on any cage or car at one time, and no person shall ride upon a loaded cage or car in any shaft or slope. SEC. 6. All safety lamps used in examining mines, or for working therein, shall be the property of the operator of the mine, and a competent person shall be appointed for the purpose, who shall examine every safety lamp before it is taken into the workings for use, and ascertain it to be clean, safe and securely locked, and safety lamps shall not be used until they have been so examined and found safe and clean and securely locked, unless permission be first given by the mine foreman, to have the lamps used unlocked. No one, except the duly authorized person, shall have in his possession a key, or any other contrivance, for the purpose of unlocking any safety lamp in any mine where locked lamps are used. No matches or any other apparatus for striking lights shall be taken into any mines, or parts thereof, except under the direction of the mine foreman. All persons violating the provisions of this Air to be section shall be deemed guilty of a misdemeanor. The mine fore measured. man shall measure the ventilation at least once a week, at the inlet and outlet, and also at or near the face of all the entries, and the measurement of air so made shall be noted on blanks furnished by the inspector; and on the first day of each month the mine boss of each mine shall sign one of such blanks, properly filled with the said actual measurement, and present the same to the inspector, and any mining boss making false returns of such air measurement shall be deemed guilty of a misdemeanor. Every person having charge of any mine, whenever loss of life occurs by accident connected with the workings of such mines, or by explosion, shall give notice thereof forthwith, by mail or otherwise, to the inspector, and to the coroner of the county in which such mine is situated, and the coroner shall hold an inquest upon the body of Accidents. the person or persons whose death has been caused, and inquire carefully into the cause thereof, and shall return a copy of the finding and all the testimony to the inspector. The owner, agent or manager of every mine shall, within twenty-four hours next after any accident or explosion, whereby loss of life or personal injury may have been occasioned, send notice, in writing, to the inspector, and shall specify in such notice the character and cause of the accident, and the name or names of the persons killed and injured, with the extent and nature of the injuries sustained; when 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 shall be sent to the inspector within twenty-four hours after such death comes to the knowledge of the owner, agent or manager; and when loss of life occurs in any mine by explosion, or accident, the owner, agent or manager of such mine shall notify the inspector forthwith of the fact, and it shall be the duty of the inspector to go himself, or send a representative, at once to the mine in which said death occurred, and inquire into the cause of the same, and to make a written report, fully setting forth the condition of the part of the mine where such death occurred, and the cause which led to the same; which report shall be filed by the inspector in his office as a matter of record, and for future reference. For any injury to person or property, occasioned by any willful or intentional violation of this act, or any willful failure to comply with its provisions by any owner, agent or manager of the mine, a right of action shall accrue to the party injured for any direct damage he may have sustained thereby; and, in any case of loss of life by reason of such willful neglect of [or] failure aforesaid, a right of action shall accrue to the personal representative of the deceased, as in other actions for wrongful death for like recovery of damages for the injury sustained. Notice to in SEC. 7. The owner, agent or manager of any mine shall also give notice to the inspector in any or all of the following cases: spector. 1. When any working is commenced for the purpose of opening a new shaft, slope or mine, to which this act applies. 2. When any mine is abandoned, or the working thereof disco[n]tinued. 3. When the working of any mines is recommenced after an abandonment or discontinuance for a period exceeding three months. 4. When a squeeze or crush, or any other cause or change, may seem to affect the safety of persons employed in the mine, or when fire occurs. No boy under twelve years of age shall be allowed to Employment work in any mine, and in all cases of minors applying for work, of children. the agent of such mine shall see that the provisions of this section are not violated; and the inspector may, when doubt exists as to the age of any minors found working in any mine, qualify and examine the said minor, or his parents as to his age. In case any coal miner [mine] does not, in appliances for the safety of the persons working therein, conform to the provisions of this act, miners. or the owner or agent disregard the requirements of this act, any court of competent jurisdiction may, on application of the inspector, by civil action in the name of the State, enjoin or restrain the owner or agent from working or operating such mines [mine] until it is made to conform to the provisions of this act; and such remedy shall be cumulative, and shall not take the place of or affect any other proceedings against such owner or agent authorized by law for the matter complained of in such action. SEC. 8. The provisions of this act shall not apply [to] or affect any mine in which not more than ten men are employed at the same time; but the inspector shall at all times have free ingress to such mines for the purpose of examination and inspection and shall direct and enforce any regulation in accordance with the provisions of this act that he may deem necessary for the safety of the health and lives of the miners employed therein; whosoever knowingly violates any of the provisions of this act or does any thing whereby the life or health of the persons or the security of any mine and machinery are endangered, or any miner or other Negligence of Application of law. Penalty for negligence, etc. person employed in any mine governed by the statutes, who inten- CHAPTER 274.-Leave of absence for State employees. Fifteen days' SECTION 1. Every laborer, waiter and messenger permanently leave allowed. empoyed under authority of law in and about the public buildings and grounds at a salary not exceeding four hundred dollars per annum, who shall have served faithfully therein for the space of one continuous year, shall be entitled to fifteen days' leave of absence per annum, with full pay at the end of every year of such service. Acts of fel etc. ACTS OF 1897. PRIVATE LAWS. CHAPTER 56.-Liability of railroad companies for injuries to employees. SECTION 1. Any servant or employee of any railroad company low-servants, operating in this State who shall suffer injury to his person, or the personal representative of any such servant, or employee who shall have suffered death in the course of his services or employment with said company by the negligence, carelessness or incompetency of any other servant, employee or agent of the company, or by any defect in the machinery, ways or appliances of the comContracts pany shall be entitled to maintain an action against such company. waiving benefit of law. SEC. 2. Any contract or agreement, expressed or implied, made by any employee of said company to waive the benefit of the aforesaid section, shall be null and void. This is a public act though placed by the compiler among the private laws, and is constitutional. 32 S. E. Rep. 679. 1 |