SEC. 1750. Damages recovered by the servant or employee, of and Damages exfrom the master or employer, are not subject to the payment of debts, empt. or any legal liabilities incurred by him.

Injury causing

SEC. 1751. If such injury results in the death of the servant or
employee, his personal representative is entitled to maintain an action death.
therefor, and the damages recovered are not subject to the payment
of debts or liabilities, but shall be distributed according to the statute
of distributions.

When the injury results in death, no one but the personal representative can sue.
83 Ala. 493.
Damages are recoverable if injury was a contributing cause of death. 91 Ala. 496.
If deceased left no next of kin, only nominal damages will be awarded. 92 Ala.
That the deceased was a minor makes no difference under this statute. 90 Ala. 13.

231.

CHAPTER 50.-Exemption of wages from garnishment, etc.

exempt

SECTION 2038 (as amended by act No. 734, Acts of 1898-99). The $25 wages, salaries, or other compensations of laborers, or employees, resi- from levy. dents of this State, for personal services, to the amount of twenty-five dollars per month, shall also be exempt from levy under writs of garnishment or other process for the collection of such debts, and when the fact of such indebtedness is disclosed by the answer of the garnishee the levy shall be void and the same shall be dismissed by the court before whom filed unless the plaintiff in garnishment shall contest the answer of the garnishee, as now provided by the law in such cases.

CHAPTER 50.-Payment of wages due deceased employees.

SECTION 2074. Whenever an employee of another shall die intestate and there shall be due him as wages or salary, a sum not exceeding one hundred dollars, the debtor may discharge himself from liability therefor by paying such amount to the widow of the deceased employee, or, if there be no widow, to the person having the actual custody and control of his minor child or children, if any; and the sum so paid is exempted to the widow and minor child or children, or either, as the case may be, as part of the one thousand dollars in personalty exempted to them.

CHAPTER 60.-Earnings of married women.

SECTION 2521. The earnings of the wife are her separate property; Earnings separate property.

CHAPTER 72.-Right of action for injuries causing death-Limitation.

SECTION 2793. Civil suits must be commenced, after the cause of Limitation. action has accrued, within the period prescribed in this chapter, and not afterwards.

SEC. 2800. Limitation of two years.-Action by representative to recover damages for wrongful act, omission or negligence causing death of the decedent, under section 27.

SEC. 2801. Within one year,

5. Action for damages for wrongful act or omission, causing personal injury to, or death of a minor, under section 26.

CHAPTER 78.-Mine regulations.

Of two years.

Of one year.

SECTION 2899 (as amended by act No. 1137, Acts of 1900-1901). There Inspectors. shall be appointed by the governor of Alabama three inspectors of coal mines within ten days of the first day of May, 1897; one of them shall be designated as chief mining inspector, and the other two shall be designated as associate mining inspectors. The chief mining inspector shall hold his office for three years from said date; one of the associate mining inspectors shall hold his office for two years, and the

Qualifications.

Duties.

Discharge.

Reports.

Examination

Board.

Fee.

other associate mining inspector shall hold his office one year from said date: Provided, however, That at the expiration of said term of office, as above provided, the successors of said inspectors, respectively, shall hold his office for a term of three years. The salary of the chief inspector shall be $1,500 per annum, and the salary of each of the associate inspectors shall be $1,200 per annum.

SEC. 2900. The chief mining inspector shall be a practical miner of at least five years' experience, and his two associates, who shall be practical miners of at least five years' experience. No one shall be appointed mine inspector who, or the wife of whom, owns and operates, in whole or in any part, mining property.

SEC. 2901. The mine inspectors shall give their whole time and attention to the duties of their offices. It shall be the duty of mine inspectors to examine all the mines in this State at least every three months, to see that all the requirements of this chapter are strictly observed and carried out; inspectors shall particularly examine the works and machinery belonging to any mine, examine into the state of the mines as to ventilation, circulation and condition of air, drainage and general security; they shall make a record of all examinations of mines, showing the date when made, the condition 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 chapter, number of accidents, injuries received, or deaths in and about the mines, the number of persons employed in or by each mine, together with all such other facts and information of public interest concerning the condition of mines, development and progress of mining in this State, as he may think useful and proper, and so much thereof as may be of public interest, to be included in his biennial report.

SEC. 2902. The governor may discharge a mine inspector at any time, upon the filing of a written complaint substantiated by sufficient proof for unfairness, unfitness, incompetency, or malfeasance, and appoint his successor for the unexpired term.

SEC. 2903. The inspectors of mines shall, biennially, prior to the assembling of the general assembly, make a written report to the gov ernor, stating the condition of the mining interests in this State, with such suggestions and information as may be of interest to the mining industry, and said report to be printed on the order of the governor. SEC. 2905. The chief inspector of mines, who shall be chairman of of mine bosses. the board, together with two practical miners, and two operators of mines (a majority of whom may act), shall constitute a board of examiners, to examine and give certificates of fitness to persons as minebosses in any coal mine in this State. A fee of five dollars shall be paid to the chief inspector of mines by each person examined, to be used as an examiners' fund, before the examination is begun. Out of the examiners' fund there shall be paid to each member of the board, except the chief inspector of mines, who shall serve without extra pay, four dollars per day. Said board shall meet every six months at the office of the chief inspector, and remain in session not longer than three days. The members of such board, except the chief inspector of mines, shall hold office for two years from the first day of May, 1897, and shall be appointed by the governor.

Qualifications

certificates.

Grades.

SEC. 2906. Applicants for first and second class mine foreman's cerof applicants for tificates shall be at least twenty-three years of age, and shall have at least five years' practical experience after having attained to the age of fifteen years, as miners, superintendents at or inside of any coal mine, and shall be citizens of this State and men of good moral character, and men of known temperate habits. The said board shall be entitled to grant certificates of competency of two grades, namely: Certificates of the first class to persons who have had experience in mines generating gases, and who shall have the necessary qualifications to fulfill the duties of mine foreman in such mines; and certificates of the second class to persons who give satisfactory evidence of their ability to act as mine foreman in mines not generating explosive gases. SEC. 2907. The owner or operator of each coal mine at which the miners are paid by weight, shall provide such mines with suitable scales, of standard make, for the weighing of all coal, when contracted for to be weighed.

Scales.

SEC. 2908. All coal mined in this State contracted for payment by the ton or other weight, shall be weighed, and the full weight thereof shall be credited to the miner of such coal, and two thousand pounds of coal shall constitute a ton.

Full weight to be credited.

Ton.

SEC. 2909. In all mines the miners employed and working therein Check weighmay furnish a check weighman, who shall at proper times have full man. access and examination of such scales and seeing all measures and weights, and accounts kept of the same: Provided, That not more than one person shall have such right of access, examination and inspection of scales, measures and accounts at the same time.

etc.

SEC. 2910. The chief mine inspector shall procure from the State, at Standard the State's expense, a full and complete set of standards, balances and weights, testing, other means of adjustment such as are necessary in the comparison and adjustment of scales, beams and other necessary apparatus to be used for a just weighing of coal and other materials at the mines according to the State standard of weights; and it shall be the duty of said inspector to examine, test, and adjust, as often as occasion demands, all scales and other apparatus used in weighing at mines.

SEC. 2911. The mine inspector, miners employed in the mines, and Who may inthe owner of the land or persons interested in the rental and royalty spect. of such mines, shall at all proper times have full right of access to scales used at said mines, including bank book in which the weight of coal is kept, to examine the amount of coal mined for the purpose of testing the accuracy thereof.

SEC. 2912. No person shall act as foreman in any coal mine in this Foremen in State generating explosive gases unless he is in possession of a first- mines generating gases. class certificate of competency. The fee for examination and issuing a first-class certificate shall be five dollars, and for a second-class certificate, three dollars.

Annual report

SEC. 2913. On or before the twenty-fifth day of January in each year the operator or superintendent of every coal mine shall send to by operators. the chief inspector of mines a correct report if required, specifying with respect to the year ending the thirty-first day of December, preceding, the name of the operator and location of office of the mine, and the quantity of coal mined. The report shall be in such form and give such information regarding such mine as may be from time to time required and prescribed by the chief inspector of mines. Blank forms for such report shall be furnished by the chief inspector of mines.

SEC. 2914. The operator or superintendent of every coal mine, Ventilation. whether shaft, slope, or drift, shall provide and hereafter maintain, ample means of ventilation for the circulation of air through the main entries and all other working places to an extent that will dilute, carry off, and render harmless the noxious gases generated in the mines. It shall be the special duty of the inspector and his assistants to carry out the provisions of this section; and it shall also be the duty of each and every mine operator and mine boss to assist the inspector and his assistants in carrying into effect said provisions.

SEC. 2915. If at any time the inspector or his assistants are notified Complaints. that the ventilation in any coal mine within this State is insufficient, the said chief inspector, or one of his assistants shall proceed within five days to investigate said complaint or complaints by personal inspection of any mine or mines in which the quality or quantity of air is complained of, and if on investigation he finds that the air in any mine is insufficient, he shall direct the operator or operators of this mine to adopt such measures for the proper ventilation of such mine, as he deems necessary. In the event that the inspector or one of his assistants fails, without sufficient cause, or refuses to make the investigation herein provided for, in addition to the penalty prescribed by law, he may be removed from office by the governor.

SEC. 2916. The chief mine inspector shall be furnished by the State Testing air. all necessary instruments for measurement of air in mines, and what

ever chemical instruments the said inspector may recommend from

time to time.

SEC. 2917. It shall be the duty of the operator, agent or superin- Stretchers, tendent of each mine to keep at the mouth of the mine, or at any such blankets, etc. other place about the mine as shall be designated by the chief mine

Breaks-through.

Timbers.

Safety lamps.

inspector, a stretcher, properly constructed, and a woolen and waterproof blanket in good condition for use in carrying away any person who may be injured at the mines: Provided, That where more than two hundred men are employed, two stretchers and two woolen and waterproof blankets shall be kept in mines generating fire damp. A sufficient quantity of linseed or olive oil, bandages and linen shall be kept in the store at the mines for use in emergencies and bandages shall be kept at all mines.

SEC. 2918. It shall be the duty of the chief mine inspector to require the proper breaks-through to be made in all room pillars, at such distances apart, as, in the judgment of the mine inspectors may be deemed requisite; said breaks-through to be made and paid for according to the contract existing between the said owners and operators of the mine and the miners, at the time the said breaks-through are ordered to be made.

SEC. 2919. The owners, agents and operators of any coal mine shall keep a sufficient supply of props and other timber used in the mines, so that the workmen may at all times be able to prop their working places, and the owner, agent or operator shall afford the miners working in their mines proper facilities for the delivery of props and other timber needed by them in their respective working places.

SEC. 2920. All safety lamps used for examining mines, or for working therein, shall be the property of the operator, and shall be in the care of the mine foreman, his assistant or fire boss, or other competent persons, who shall fill, trim and examine and deliver the same locked in a safe condition to the men when entering the mines before each shift, for which service a charge not exceeding cost of labor and material may be made by the operator. A sufficient quantity of safety lamps, but not less than twenty-five per centum of those in use, shall be kept at each mine where gas has at any time been generated in sufficient quantities to be detected by ordinary safety lamps, for use in case of emergency. It shall be the duty of every person who knows his safety lamp to be injured or defective to promptly report such fact to the party authorized herein to receive and care for said lamps, and it shall be the duty of that person to promptly report such fact to the mine foreman.

Escape shafts. SEC. 2921. Whenever required by the chief mine inspector it shall be the duty of the owner, operator or manager of all coal mines to have and maintain at least two available openings to the surface from each seam or stratum of the coal worked in such mine, one of said openings to be known as a man way or escape way in case of accident. Said man way or escape way shall be kept in good condition and shall be at all times reasonably safe for entering and leaving the mines; reasonable time, however, shall be given to the said operator, owner or general manager to prepare the second opening, in no case exceeding one year, from the time such order is made, unless, in the opinion of the chief mine inspector, a longer time is required, in which case they shall allow the additional time necessary and so ordered.

Same subject.

Maps of underground mines.

SEC. 2922. Not more than twenty men shall be allowed to work in any new mine hereafter to be opened until an escape way is provided for. SEC. 2923 (as amended by act No. 970, Acts of 1900-1901). The owner, agent, or operator of any underground mine in this State shall make or cause to be made by a competent engineer an accurate and exact map of said mines showing the exact position of said mine in reference to the section lines which shall be connected with some known boundary line of the section or subdivision of the section. Said map shall show accurately the position of any branches, creeks, or rivers under which said mine may extend; also as near as possible, the position of any old mine near by, and that said map shall be sworn to by the engineer making same. The original map provided for herein shall be filed during the month of January next after the opening of said mine and shall show its condition on the first of such January, and all new work inside of the mine must be added to said map, or a new map filed, each year thereafter, showing the condition of the mine on the first day of January of the same year, and this provision for additions to maps shall apply to all the maps which have heretofore been filed in the office of the chief inspector of mines. Said maps

shall be filed in the office of chief inspector of mines who shall provide a suitable and safe place for keeping them. The chief inspector of mines with the approval of the board of examiners may refuse to accept maps made by persons claiming to be mining engineers who are not known to be such and of good standing and character in their profession. The mine boss in charge of such mines shall certify to the correctness of such map and the additions made thereto. Said map shall be made on a uniform scale of 100 feet to the inch, and any person may secure a copy of any map on file in the inspector's office, by paying reasonable charges for making such map, and such copy when certified by the inspector shall be evidence in any court in this State. It shall be the duty of the chief inspector of mines during the first three days of January of each year to forward or cause to be forwarded by express or by other safe means of transmitting at the expense of the agent, owner, or operator of the respective mines all maps on file in his office of mines in operation to the chief office of the respective mines as such chief office shall be reported to him, in order that said maps may be revised showing the condition of the mine on the first day of January of each year, and it shall be the duty of such owner, agent, or operator of each mine in this State to have such maps revised during the month of January of each year, and return the same to the office of the chief mining inspector, charges prepaid, during said month of January of each year, and if said maps shall not be so returned, the chief mining inspector shall charge for the time in default at the rate of one dollar per day for each day's delay after the last day of January, and he shall not file any such delayed map until the fine has been paid, and all fines collected under this section shall be paid by him into the State treasury.

SEC. 2924. The chief inspector of mines shall give directions to the Chief inspector to give certain mine operators, owners and general managers as to the method of directions. working gaseous mines, and the manner of working and propping the roof in any and all mines, and shall examine the machinery and appliances used in working the same. All such directions shall be given in writing, subject, however, to the approval of the board of examiners, as herein provided.

SEC. 2925. The doors used in a system used in ventilating or regulating the ventilation of mines shall be so hung and adjusted that they will close themselves, or by supplying them with springs and pulleys so that they can not be left standing open.

Ventilating

doors.

SEC. 2926. Approved safety catches shall be attached to the cage Safety catches used for the purpose of hoisting and lowering persons into and out of on cages, the mines. An adequate brake shall be attached to every brake, drum or machine for lowering and hoisting persons into and out of the mines, and also props and indicators which shall show to the person who works the machine the position of the cage or load in the shaft or on the roadway.

neer.

SEC. 2927. The owner, agent or operator, or agent of any coal mine Hoisting engi shall place in charge of any engine used for conveying into and hoisting out of said mine, none but an experienced, competent and sober engineer. No engineer in charge of such an engine, or machinery, shall allow any person except such as may be deputed for that purpose, by the owner, agent, or operator to interfere with it, and no person shall interfere with or intimidate the engineer in the discharge of his duty. Intimidation. SEC. 2928. When a place is likely to obtain [contain] a dangerous Gas producing, accumulation of gases or water, works, when approaching such places etc., mines. shall not exceed eight feet in width, and there shall be constantly kept

at a sufficient distance ahead, not less than three yards in advance,

one bore hole near the center of the working, and sufficient flank Bore holes. bore holes on each side, six feet apart and six feet in depth.

SEC. 2929. When gas is known to exist, the owner, agent or opera

tor of any coal mine shall employ a competent fire boss, whose duties Fire boss. it shall be to examine every place in the mine before the men are permitted to enter for work. Said fire boss shall be at some convenient place each day to inform every man as to the state and condition of his working place before entering. Said work shall be carefully examined every morning with a safety lamp by the fire boss before the workmen are allowed to enter therein.