least quarterly; and to report to the governor at least once a year upon the condition of each coal mine in the state, with reference to the appliances for the safety of the miners, the number of air and ventilating shafts, slopes, or tunnels, the number of shafts, slopes, or tunnels for ingress or egress, the character and condition of the machinery for operating, ventilating, and draining of such mines, and the quantity of air supplied to the same. ['96, p. 347.

1511. Id. Residence. Apparatus. The inspector shall reside in the state, and shall devote the whole of his time to the duties of his office. He shall purchase, by and with the consent of the state board of examiners, such apparatus as may be required by him to properly discharge his official duties, and the auditor shall issue a warrant for any such bills when certified by the board of examiners. All instruments, plans, maps, books, memoranda, notes, and other property pertaining to the office shall be the property of the state, and shall be kept by the inspector, and shall be by him delivered to his successor in office.

['96, p. 351*. 1512. Inspection of mines. It shall be lawful for the inspector to enter and inspect at any time any coal mine in the state and the workings and machinery thereof, without, however, impeding or obstructing the working of the mine, and to make inquiry as to the condition of the mine, works, machinery, ventilation, and mode of lighting, and into all matters or things connected with or relating to the safety of the persons employed in or about said mines. The owner or manager is hereby required to furnish means necessary for such entry, inspection, examination, and inquiry, and to pay the fee therefor as provided by law. The inspector shall keep a record of each inspection and of the material facts connected therewith. ['96, p. 350.

970.

Fees of inspector,
Legislature shall provide for the health and

safety of miners, Con. art. 16, sec. 6. Inspector to examine scales, 1534.

1513. Unsafe mines. Notice. Penalty. In case the inspector shall find that a mine is not properly worked, or is not furnished with proper machinery or appliances for the safety of the miners and all other employees, it shall be his duty to give notice to the owner or manager of such mine that it is unsafe. The notice shall specify in what particulars the mine is unsafe, and shall require the owner or manager to provide the necessary additional machinery, shafts, slopes, tunnels, entries, means of escape or ventilation, or other appliances, within a stated period. If the improvements are not made as required in the notice, it shall be unlawful after the time fixed therein for the owner or manager to operate such mine. ['96, p. 348.

1514. Id. Injunction to restrain operation. As a cumulative remedy in case of the failure of any owner or manager of any mine to comply with the requirements contained in the notice of the inspector, given in pursuance of this chapter, any court of competent jurisdiction, or judge of said court in vacation, may, on the application of the inspector in the name of the state, supported by the recommendation of the governor, issue an injunction restraining the operation of such mine until the requirements are complied with, and, in order to obtain such injunction, no bond shall be required. ['96, pp. 350–1.

1515. Plans of workings to be furnished. The owner or manager of each coal mine in the state shall make or cause to be made an accurate map or plan of the workings of such mine, on a scale of one hundred feet to the inch, which shall exhibit all the openings or excavations, shafts, tunnels, slopes, planes, gangways, entries, cross-headings, rooms, etc., of such mine, and show the directions of the air currents therein; and shall accurately show the boundary lines between said mine and adjoining mines. Such map or plan or a true copy thereof shall be furnished to the inspector, and another copy shall be kept at such mine for the inspection of employees therein. The owner or manager shall, at least once in every six months, place or cause to be placed on the map or plan and on said copies thereof, an accurate showing of all the additional excavations which have been made during said six months in the mine. The several maps

or plans of mines in the state which are furnished to the state inspector shall be the property of the state, and shall remain in the care of the said inspector and be transferred by him to his successor in office; and in no case shall any copy of any of them be made without the consent of the owner or manager who furnished the map. If the state inspector shall find or have good reasons to believe that any map or plan of any coal mine made or furnished in pursuance of the provisions of this chapter, is materially inaccurate or imperfect, he is authorized to cause a correct plan or map of said mine to be made at the expense of the owner or manager thereof, the cost of which shall be recoverable by law; provided, that if the map or plan which is claimed to be inaccurate shall prove to have been practically correct, then the state shall be held liable for the expense incurred in making attempted correction. ['96, pp. 347-8*.

1516. Penalty for unlawful operation. Any owner or manager who shall continue to operate a mine, in violation of any provision of this chapter, after the expiration of the period mentioned in the notice hereinbefore provided for, shall, upon conviction, be fined not less than five hundred dollars nor more than five thousand dollars. ['96, p. 349.

1517. Escapes. Shafts. In each coal mine in the state, the owner or manager thereof shall provide at least two shafts, slopes, tunnels, or other outlets separated by natural strata or formations of not less than one hundred and fifty feet in breadth, by which ingress and egress shall always be available to the persons employed in the mine. Whenever two or more veins of coal shall be worked in any mine, an escapement shall be made between each of them. case shall a furnace shaft be deemed an escape shaft. ['92, p. 40*; '96, p. 348.

In no

1518. Ventilation. The owner or manager of every coal mine of the depth of one hundred feet or more, whether the mine shall be operated by shaft, slope, tunnel, or other outlet, shall provide an adequate amount of ventilation of not less than one hundred cubic feet of pure air per minute, for each person at work in said mine, and three hundred cubic feet of pure air per minute for each animal used therein, which air shall, by proper appliances or machinery, be forced through such mine to the face of each and every working place, so as to dilute and render harmless and expel therefrom the noxious or poisonous gases; and all workings shall be kept clear of standing gas; provided, that in all mines wherein fire damp or other explosive gases are known to exist, double the quantity of pure air hereinbefore mentioned shall be provided. ['96, p. 349.

1519. Props and cap pieces. The owner or manager of any coal mine operated within the state, shall keep a sufficient supply of timber on hand to be used as props and cap pieces so that the workmen employed therein may at all times be able to properly secure said workings from caving in, and it shall be the duty of said owner or manager to send down into the mine such props or cap pieces and place them not more than one hundred feet from the face of such workings. ['92, p. 44*; '96, p. 350.

1520. Speaking tubes. In shaft or slope mines where persons are lowered or hoisted by machinery, a metal speaking tube or other suitable appliance shall be provided in all cases so that conversation may be carried on through the same from the top to the bottom of the shaft or slope. ['96, p. 349.

1521. Shafts and hoisting apparatus. In shaft mines shall be provided an approved safety catch and sufficient cover overhead on every cage used in lowering or hoisting persons, and there shall be provided at the bottom of every hoisting shaft at the sides thereof a traveling way, which shall be sufficiently high and wide to enable persons to pass the shaft without having to go over or under the cage or hoisting apparatus. ['96, pp. 349-50*.

1522. Engineers. Hoisting men. Only experienced, competent, and sober men shall be placed in charge of hoisting apparatus or engines, and the maximum number of persons who may ascend or descend upon any hoisting apparatus at one time shall be determined by the inspector. [96, p. 350.

1523. Report of accidents. In case of fatal accident, a full report thereof shall be made by the owner or manager to the inspector. The report must be in writing and be made within ten days after such accident shall have occurred. Any case of non-fatal accident that has been sufficiently serious as to prevent the injured person from continuing his regular employment for one week shall likewise be reported to the inspector. ['96, p. 350.

1524. Hydro-carbon mines. For the purposes of this chapter all hydrocarbon mines shall be deemed to be coal mines. ['96, p. 351.

1525. "Owners" includes lessees, etc. Whenever the term "owner or manager" is used in this chapter, the same shall include lessees or other persons controlling the operation of any mine; and in case of any violation of the provisions of this chapter by any corporation, the managing officer and superintendents or other managing agents of such corporation shall be personally liable to punishment as provided in this chapter for owners or managers. ['92, p. 40*; '96, p. 351.

1526. Examining boards. Mine and fire bosses. On the petition of the mining inspector, the district court in any county in this state shall at the the first term after January first, eighteen hundred and ninety eight, appoint an the passage examining board for such county, consisting of the state inspector of coal mines, of this act

an operator of a coal mine, and a coal miner, who shall be citizens of the United'
States, and the latter two of which board shall have at least five years of experi-
ence in the mines of the state, whose duty it shall be to examine any person
applying thereto as to his competency and qualifications to discharge the duties
of mining boss, said board of examiners shall meet at the call of the inspector,
and they shall grant certificates to all persons whose examination shall disclose
their fitness for the duties of mining boss, and such certificate shall be sufficient
evidence for the competency and qualification of the holders for the duties of said
office; provided, that any person who shall have been employed as a miner at least
five years in the coal mines of Utah and as mining boss continuously by the same
person or firm or corporation, for the period of one year preceding January first, /
nighteen hundred and ninety eight, may be entitled if in the judgment of the
inspector he be qualified to a certificate without undergoing such examination;
but he shall not be employed by any other person or firm or corporation without
having undergone such examination. The members of the examining board, other
than the inspector, shall hold the office for the period of two years from the date
of their appointment, and shall receive five dollars per day for each day neces-
sarily and actually employed, and mileage at the rate of fifteen cents per mile for
each mile necessarily traveled, to be paid by the state. Vacancies in the mem-
bership of the board shall be filled by the court of the proper county except the
vacancy in the office of the inspector. Sessions of the examining board shall not
exceed three days in each quarter, and for any certificate granted the board shall
receive the sum of one dollar, the same to be paid into the state treasury. No
person shall act as fire boss unless granted a certificate of competency by the state
inspector of coal mines. After January first, eighteen hundred and ninety-eight,"
no owner, operator, contractor, lessee, or agent, shall employ any mining boss or
fire boss who does not have the certificate of competency required. Said certificate
shall be posted up in the office of the mine, and if any accident shall occur in any
mine in which a mining boss or a fire boss shall be employed who has no certificate
of competency as required by this chapter, by which any miner shall be killed or
injured, he or his estate shall have a right of action against such operator, owner,
lessee, or agent, and shall recover the full damage sustained; in case of death,
such action to be brought by the administrator of his estate, within three years
from the date of accident, the proceeds recovered to be divided among the heirs
of the deceased, according to law.

1527. Stretchers. It shall be the duty of owners, operators, contractors, superintendents, lessees, or agents of coal mines to keep at the mouth of the drift,

"

shaft, or slope, at such other places as shall be designated by the mine inspector, stretchers, properly constructed for the purpose of carrying away any miner or employee working in or about such mine who may in any way be injured in and about his employment.

1528. Coal mines hereby affected. The provisions of this chapter shall not apply to or affect any coal mine in which not more than six men are employed in twenty-four hours; provided, that when considered necessary by the inspector, he shall make or cause to be made an inspection of such mine and direct and enforce any regulations in accordance with the provisions of this chapter that he may deem necessary for the safety, health, or lives of the miners. ['96. p. 351.

CHAPTER 3.

WEIGHING COAL AT MINES.

1529. Mine owners to provide scales for weighing coal. The owners, agent, or operator, of every coal mine in this state, at which the miners are paid by weight, shall provide at such mines suitable and accurate scales of standard manufacture for the weighing of all coal which shall be hoisted or delivered from such mines; provided, that when coal is weighed in the miner's car, such car shall be brought to a standstill on the scales before the weight is taken. ['97, p. 34.

The owner.

1530. Weigher to be sworn. Record of coal mined. agent, or operator of such mine shall require the person authorized to weigh the coal delivered from said mine to be sworn before some person having authority to administer an oath, to keep the scales correctly balanced, to accurately weigh and to correctly record the gross or screened weight to the nearest ten pounds of each miner's car of coal delivered from such mine, and such oath shall be kept conspicuously posted at the place of weighing. The record of the coal mined by each miner shall be kept separate, and shall be opened to his inspection at all reasonable hours, and also for the inspection of all other persons pecuniarily interested in such mine. ['97, p. 34.

1531. Miners may furnish check-weighman. Duties and powers. In all coal mines in this state the miners employed and working therein may furnish a competent check-weighman at their own expense, who shall at all proper times have full right of access and examination of such scales, machinery, or apparatus, and of seeing all measures, and weights of coal mined and accounts kept of the same; provided, that not more than one person on behalf of the miners collectively shall have such right of access, examination, and inspection of scales, measures, and accounts at the same time, and that such persons shall make no unnecessary interference with the use of such scales, machinery, or apparatus. The agent of the miners as aforesaid shall, before entering upon his duties, make and subscribe to an oath before some officer duly authorized to administer oaths. that he is duly qualified and will faithfully discharge the duties of check-weighman. Such oath shall be kept conspicuously posted at the place of weighing. ['97. pp. 34-5.

1532. Fraudulent weighing a misdemeanor. Any person, company, or firm having or using any scale or scales for the purpose of weighing the output of coal at mines so arranged or constructed that fraudulent weighing may be done thereby, or who shall knowingly resort to or employ any means whatsoever by reason of which such coal is not correctly weighed or reported in accordance with the provisions of this chapter; or any weighman or check'weighman who shall fraudulently weigh or record the weights of such coal, or

connive at or consent to such fraudulent weighing, shall be deemed guilty of a misdemeanor. ['97, p. 35.

1533. Penalty for failure to comply with provisions. Any person, owner, or agent operating a coal mine in this state who shall fail to comply with the provisions of this chapter, or who shall obstruct or hinder the carrying out of its requirements, shall be deemed guilty of a misdemeanor; provided, that the provisions of this chapter shall apply only to coal mines in which ten or more miners are employed in a period of twenty-four hours. ['97, p. 35.

1534. Coal mine inspector to examine scales. It shall be the duty of the coal mine inspector, in addition to his other duties, to examine all scales used at any coal mine in the state for the purpose of weighing coal taken out of such mine; and on inspection, if found incorrect, he shall notify the owner or agent of any such mine that such scales are incorrect; and after such notice it shall be unlawful for any owner or agent to use or suffer the same to be used, until such scales are so fixed that the same will give the true and correct weight. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor. ['97, p. 35.

CHAPTER 4.

TRESPASSES.

1535. Interfering with notices, stakes, persons in possession, or records. Any person or persons who shall wilfully or maliciously tear down or deface a notice posted on a mining claim, or take up or destroy any stake or monument marking any such claim, or interfere with any person lawfully in possession of such claim, or who shall alter, erase, deface, or destroy any record kept by a mining recorder, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five, nor more than one hundred dollars, or by imprisonment for not less than ten days, nor more than six months, or by both such fine and imprisonment. Justices of the peace shall have jurisdiction of such offenses. [C. L. § 2791.

1536. Wrongful taking of ores. Damages. Any person wrongfully entering upon any mine or mining claim, and carrying away ores therefrom, or wrongfully extracting and selling ores from any mine, shall be liable to the owner or owners of such ore for three times the value thereof; and should the plaintiff file his affidavit that the defendant did unlawfully take ores, the defendant may be arrested and held to bail, as in cases for the recovery of the possession of personal property unjustly detained. [C. L. § 2792.

1537. Unauthorized entry into workings. Any person who shall, Rep without permission from the board of directors, or such persons as may be chap 14 authorized by said board to grant permission, go into the underground workings of any mine which is being worked or operated, shall be guilty of a misdemeanor.

199

CHAPTER 5.

FENCING SHAFTS, ETC.

1538. Inclosing shaft. Any person that has sunk or shall sink a shaft or well on the public domain, or commons, for any purpose, shall inclose such shaft or well with a substantial curb or fence which shall be at least four and a half feet high. [C. L. § 2240.