man in such mines, and no examination shall be required of said foreman; but this act shall not apply to the counties of Bibb, Etowah, St. Clair, Jefferson, Walker, Marion, Tuscaloosa, Shelby, Cullman, and Madison. SEC. 1015. On or before the twenty-fifth day of January in each Annual report year the operator or superintendent of every coal mine shall send by operators. to 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. 1016. The operator or superintendent of every coal mine, 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. The employee has a right to presume that the employer has complied with his prescribed duty. 144 Ala. 178, 40 So. Rep. 273. SEC. 1017. If at any time the inspector or his assistants are noti fied 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. 1018. The chief mine inspector shall be furnished by the State all necessary instruments for measurement of air in mines, and whatever chemical instruments the said inspector may recommend from time to time. SEC. 1019. It shall be the duty of the operator, agent, or superintendent of each mine to keep at the mouth of the mine, or at any such other place about the mine as shall be designated by the chief mine 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; and 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. Ventilation. Complaints. Testing air. Stretchers, blankets, etc. Breaks SEC. 1020. It shall be the duty of the chief mine inspector to require the proper breaks-through to be made in all room pillars, through. 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. 1021. 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 Timbers. Safety lamps. Escape shafts. Same subject. of props and other timber needed by them in their respective working places. SEC. 1022. 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 cent 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. SEC. 1023. 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 manway or escape way in case of accident. Said manway 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 six months, 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. SEC. 1024. 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. Maps of un- SEC. 1025. The owner, agent, or operator of any underground derground mine in this State shall make or cause to be made by a competent mines. engineer an accurate and exact map of said mine 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 day 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 maps which have heretofore been filed in the office of the chief inspector of mines. Said maps shall be filed in the office of the 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 of this State. The chief inspector of mines during the first three days of January of each year shall 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 such agent, owner, or operator of each mine in this State shall 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. tain directions. SEC. 1026. The chief inspector of mines shall give directions to Chief inspectthe mine operators, owners, and general managers as to the method or to give cerof 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. Ventilating SEC. 1027. The doors used in a system used in ventilating or regulating the ventilation of mines shall be so hung and adjusted doors. that they will close themselves, or by supplying them with springs and pulleys so that they can not be left standing open. SEC. 1028. Approved safety catches shall be attached to the cage Safety catches used for the purpose of hoisting and lowering persons into and on cages. out of 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. Hoisting en SEC. 1029. The owner, agent, or operator, or agent of any coal mine, shall place in charge of any engine used for conveying into gineer. 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 engi- Intimidation. neer in the discharge of his duty. SEC. 1030. When a place is likely to obtain [contain] a danger- Gas produous accumulation of gases or water, works, when approaching such eing, etc., places, shall not exceed eight feet in width, and there shall be con- mines. stantly kept at a sufficient distance ahead, not less than three yards in advance, one bore hole near the center of the working, and Bore holes. sufficient flank bore holes on each side, six feet apart and six feet in depth. SEC. 1031. When gas is known to exist, the owner, agent, or operator of any coal mine shall employ a competent fire boss, whose duties it shall be to examine every place in the mine before the men are permitted to enter for work. Said fire hoss 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. SEC. 1032. When, by reason of any explosion or accident in any mine in this State, or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the person having charge of such mine to give notice thereof forthwith to the chief inspector of mines, or any inspector, and it shall be the duty of the chief mine inspector, or any inspector, upon being notified of any fatal accident, as herein provided, to immediately repair to the scene of the accident and make such suggestions as may appear necessary to secure the safety of any person who Fire boss. Accidents. Rules to be posted. Rules. Women and boys. tors. law. Notice. may be endangered. The said mine inspector shall keep on file a list of all fatal accidents, and to enable them to make the investigation, he shall have the power to compel the attendance of persons to testify. SEC. 1033. For the purpose of making known the rules and provisions of this chapter to all persons employed in or about the mines to which this chapter applies, an abstract of the chapter and rules shall be posted up in legible characters in some conspicuous place or places at or near the mines where they may be conveniently read by the persons employed, and so often as they become obliterated or destroyed, the owner, operator, or superintendent shall cause them to be renewed with all reasonable dispatch. Any person who pulls down, injures, or defaces such abstract of the chapter or rules when up in pursuance of the provisions of this chapter shall be guilty of an offense against this chapter. SEC. 1034. Rule 1. No unauthorized person shall enter the mine without permission from the superintendent or mine foreman. Rule 2. All employees shall inform the mine foreman or his assistant of the unsafe condition of any working place, hauling roads, or traveling ways, or of damages to doors, brattices, or stoppings, or of obstructions in the air passages, when known to him. Rule 3. Every workman employed in the mine shall examine the working place before commencing work, and after any stoppage of work during the shift he shall repeat the examination. SEC. 1035. No woman, or boy under the age of fourteen years, shall be employed to work or labor in or about any mine in this State. Disputes be- SEC. 1036. In case of any controversy or disagreement between tween inspect- inspectors and the owner or operator of any mines, or the persons ors and opera- working therein, or in case of conditions of emergency requiring counsel, the chief mine operator may call on the board of examiners for such assistance and counsel as may be necessary. Violation of Should the mine inspector find any of the provisions of this chapter violated or not complied with by the owner or lessee or agent in charge of any mines, he shall immediately notify such owner, lessee, or agent in charge, of such neglect or violation; unless the same is within a reasonable time rectified, or the provisions of this chapter are fully complied with, he shall institute a prosecution. The inspector shall exercise a sound discretion in enforcement of the provisions of this chapter, and if in any respect which is not provided against by or may result from any rigid enforcement of any expressed provision of this chapter, the inspector finds any matter, thing, or practice in or connected with any such mines to be dangerous or defective, so as to, in his opinion, threaten or tend to the bodily injury of any person, the inspector may give notice in writing thereof to the owner, agent, or manager of the mine, and shall state in such notice the particulars in which he considers such mine or any part thereof, or any matter, thing, or practice, to be dangerous or defective, and require the same to be remedied, giving a reasonable time to have the same done. For the purpose Inspectors of making the inspection and examination provided for in this secmay entertion, the mine inspector and board of examiners shall have the mines. right to enter any mine at a reasonable time by day or night, but in such manner as shall not unnecessarily obstruct the workings of the mine, and the owner or agent of such mine is hereby re quired to furnish the means of such inquiry and inspection if within their [his] power. Reference judge of bate. to SEC. 1037. Whenever any agent or operator of any mines shall pro- refuse or fail to comply with any order or direction of the chief mine inspector after the expiration of a reasonable time, it shall be the duty of the mine inspector to refer the matter to the judge of probate of the county in which the mine is located. Upon such reference the judge of probate shall set a day for the hearing of the same, and issue citation to the owner or operator of the mine to appear and contest the same if he sees proper; said citation to be served by the sheriff of the county at least ten days before the day of trial. Upon the application of either party the judge of probate must issue subpoena for witnesses, to be served by the sheriff as in other cases. After hearing the case, the probate judge must render such decision as he may deem just and equitable, from which decision either party may appeal to the circuit court within sixty days, when it shall be tried de novo. From the decision of the circuit court either party may appeal to the supreme court of Alabama. If no appeal is taken, the decision shall be final and binding on said operator or mine owner, and any mine owner or operator who refuses to carry out the final order or determination of the case, after a reasonable time, shall be guilty of a misdemeanor, and must, on conviction, be fined not more than one thousand dollars. Wages preferred—In administration. SECTION 2597. The debts against the estates of decedents are to be paid in the following order: 1. The funeral expenses. 2. The fees and charges of administration. 3. Expenses of the last sickness. 4. Taxes assessed on the estate of the decedent previous to his death. 5. Debts due to employees, as such, for services rendered the year of the death of the decedent. 6. The other debts of the decedent. SEC. 2755. When the real and personal property of any decedent Appeals. Penalty. Order of payment of demands. Insolvent es is insufficient for the payment of the debts, the proceeds arising tates. Liability of employers for injuries to employees. by SECTION 3910. When a personal injury is received by a servant Injury caused or employee in the service or business of the master or employer, the master or employer is liable to answer in damages to such servant or employee, as if he were a stranger, and not engaged in such service or employment, in the cases following: (1) When the injury is caused by reason of any defect in the condition of the ways, works, machinery, or plant connected with, or used in the business of, the master or employer. Defects; ent; (2) When the injury is caused by reason of the negligence of Negligence of any person in the service or employment of the master or em- superintendployer, who has any superintendence intrusted to him, whilst in the exercise of such superintendence. (3) When such injury is caused by reason of the negligence of any person in the service or employment of the master or employer, to whose orders or directions the servant or employee, at the time of the injury, was bound to conform, and did conform, if such injuries resulted from his having so conformed. (4) When such injury is caused by reason of the act or omission of any person in the service or employment of the master or employer, done or made in obedience to the rules and regulations or by-laws of the master or employer, or in obedience to particular instructions given by any person delegated with the authority of the master or employer in that behalf. Or one in authority; Obedience to rules or instructions; person in (5) When such injury is caused by reason of the negligence of Negligence of any person in the service or employment of the master or em- charge of railployer, who has the charge or control of any signal, points, loco- road sign a 1, motive, engine, electric motor, switch, car, or train upon a railway, etc. or of any part of the track of a railway. The master or employer is not liable under this section, if the servant or employee knew of the defect or negligence causing the injury, and failed in a reasonable time to give information thereof to the master or employer, or to some person superior to Exceptions. |