АСТ 2206.

To provide for the removal of the mineral cabinet from the state library. [Stats. 1887, p. 74.]

This act provided for the removal of the cabinet to the Crocker Art Gallery and the appointment of trustees of the mineral cabinet.

ACT 2211.

TITLE 317.

MINES AND MINING.

Establishment and maintenance of a mining bureau. [Stats. 1880, p. 115.]

Supp. 1885, p. 217. Repealed 1893, p. 207. See Stats. 1893, p. 203.

АСТ 2212.

Supplemental to act providing for mining bureau. [Stats. 1885, p. 217.] Repealed 1893, p. 207.

ACT 2213.

To provide for the establishment of a state mining bureau. [Stats. 1893, p. 203.]

Amended 1903, p. 113; 1907, p, 935.

ACT 2214.

Appropriation to be used in the construction of works for restraining and impounding debris. [Stats. 1901, p. 7.]

This act appropriated $150,000 for the above purpose.

АСТ 2215.

An act to provide in whose name title shall be taken to the site or sites for the construction of the works provided for in the act of the legislature of the state of California entitled "An act to provide for the appointment, duties and compensation of a debris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March 24, 1893, and the amendments thereto.

[Approved March 13, 1901. Stats. 1901, p. 282.]

§1. The title, estate and interests in all sites purchased under the act of the legislature of the state of California entitled "An act to provide for the appointment, duties and compensation of a debris commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March twentyfourth, eighteen hundred and ninety-three, and the amendments thereto, for the construction of the works in said acts contemplated, shall be taken in the name of the government of the United States of America.

§ 2. This act shall take effect immediately.

ACT 2216. Prescribing the manner of locating mining claims upon the public domain of the United States, recording notices of location thereof, amending defective locations, and providing for the deposit of district records with county recorders, and prescribing the effect to be given to recordation of notices of location and affidavits. [Approved March 27, 1897. Stats. 1897, p. 214.]

Repealed 1899, p. 148; 1900, p. 9.

Citations.

Cal. 125/193; 129/362, 433, 435; 131/563; 145/14, 17, 18, 19, 22, 24, 26; 149/361.

ACT 2217.

To protect owners of crops, buildings, and improvements in the mining districts. [Stats. 1855, p. 145.]

Unconstitutional in part: Gillan v. Hutchinson, 16 Cal. 153.

This act protected the owners of growing crops from injury by miners.

ACT 2218.

To secure to the miners of this state pure and unadulterated quicksilver. [Stats. 1865-66, p. 191.]

This act is not in terms repealed, although as to the criminal portion it is superseded by the Penal Code, §§ 366, 367. It is difficult to determine how much, if any, of the balance remains in force. Under any circumstances it is regarded as of sufficient importance to refer to it here.

АСТ 2219.

Cencerning partnerships for mining purposes. [Stats. 1865-66, p. 828.] This act has not been in terms repealed, and in the absence of direct legislation it is difficult to tell whether it is in force or not.

ACT 2220.

Providing for conveyance of mining claims. [Stats. 1860, p. 175.] Amended 1863, p. 98.

"Probably repealed by § 1091 et seq., Civil Code. If not, then modified as to corporations by 1880, p. 131."-Code Commissioners' Note.

ACT 2221.

An act to provide for the covering or fencing of abandoned mining shafts, pits or excavations, the penalty, and also the penalty for removing or destroying the covering or fencing from same.

[Approved March 20, 1903. Stats. 1903, p. 283.]

§1. All abandoned mining shafts, pits or other abandoned excavations dangerous to passers by or livestock shall be securely covered or fenced, and kept so, by the owners of the land or persons in charge of the same, on which such shafts, pits or other excavations are located. Any person or persons failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor.

§ 2. All abandoned mining shafts, pits or other excavations situated on unoccupied public lands may be securely covered or fenced by order of the board of supervisors of the county wherein the same is situated, and it shall be the duty of the board of supervisors to keep the same securely fenced or covered whenever it appears to them, by proof submitted, that the same is dangerous or unsafe to man or beast. The cost of said covering or fencing to be a county charge.

§3. Any person or persons maliciously removing or destroying any covering or fencing placed around or over any shaft, pit or other excavation, as herein before provided, shall be deemed guilty of a misde

meanor.

§ 4. This act shall take effect six months from the day of passage.

АСТ 2222.

An act for the protection of miners.

[Approved March 16, 1872. Stats. 1871-72, p. 413.]

Protection to miners.

§ 1. It shall not be lawful for any corporation, association, owner, or owners of any quartz-mining claims within the state of California, where such corporation, association, owner or owners employ twelve men daily, to sink down into such mine or mines any perpendicular shaft or incline beyond a depth from the surface of three hundred feet without providing a second mode of egress from such mine, by shaft or tunnel, to connect with the main shaft at a depth of not less than one hundred feet from the surface.

Modes of escape.

§ 2. It shall be the duty of each corporation, association, owner, or owners of any quartz mine or mines in this state, where it becomes neeessary to work such mines beyond the depth of three hundred feet, and where the number of men employed therein daily shall be twelve or more, to proceed to sink another shaft or construct a tunnel so as to connect with the main working-shaft of such mine as a mode of escape from underground accident, or otherwise. And all corporations, associations, owner, or owners of mines as aforesaid, working at a greater depth than three hundred feet, not having any other mode of egress than from the main shaft, shall proceed as herein provided.

Liabilities.

§ 3. When any corporation, association, owner, or owners of any quartz mine in this state shall fail to provide for the proper egress as herein contemplated, and therein shall be hurt or injured, and from such injury might have escaped if the second mode of egress had existed, such corporation, association, owner or owners of the mine where the injuries shall have occurred shall be liable to the person injured in all damages that may accrue by reason thereof; and an action at law

in a court of competent jurisdiction may be maintained against the owner or owners of such mine, which owners shall be jointly or severally liable for such damages. And where death shall ensue from injuries received from any negligence on the part of the owners thereof, by reason of their failure to comply with any of the provisions of this act, the heirs or relatives surviving the deceased may commence an action for the recovery of such damages as provided by an act entitled an act requiring compensation for causing death by wrongful act, neglect, or default, approved April twenty-sixth, eighteen hundred and sixtytwo.

§ 4. This act shall take effect and be in force six months from and after its passage.

ACT 2223.

An act for the protection of coal mines and coal miners. [Approved March 27, 1874. Stats. 1873-74, p. 726.]

Map.

§ 1. The owner or agent of every coal mine shall make or cause to be made an accurate map or plan of the workings of such coal mine, on a scale of one hundred feet to the inch.

Copies.

§ 2. A true copy of which map or plan shall be kept at the office of the owner or owners of the mine, open to the inspection of all persons, and one copy of such map or plan shall be kept at the mines by the agent or other person having charge of the mines, open to the inspection of the workmen.

Shafts or outlets.

§ 3. The owner or agent of every coal mine shall provide at least two shafts, or slopes, or outlets, separated by natural strata of not less than one hundred and fifty feet in breadth, by which shafts, slopes, or outlets distinct means of ingress and egress are always available to the persons employed in the coal mine; provided, that if a new tunnel, slope, or shaft will be required for the additional opening, work upon the same shall commence immediately after the passage of this act, and continue until its final completion, with reasonable dispatch.

Ventilation.

§ 4. The owner or agent of every coal mine shall provide and estab lish for every such mine an adequate amount of ventilation, of not less than fifty-five cubic feet per second of pure air, or thirty-three hundred feet per minute, for every fifty men working in such mine, and as much more as circumstances may require, which shall be circulated through to the face of each and every working place throughout the entire mine, to dilute and render harmless and expel therefrom the noxious, poisonous gases, to such an extent that the entire mine shall be in a fit state for men to work therein, and be free from danger to

the health and lives of the men by reason of said noxious and poisonous gases, and all workings shall be kept clear of standing gas.

Inside overseer. Duties.

§ 5. To secure the ventilation of every coal mine, and provide for the health and safety of the men employed therein, otherwise and in every respect, the owner, or agent, as the case may be, in charge of every coal mine, shall employ a competent and practical inside overseer, who shall keep a careful watch over the ventilating apparatus, over the air-ways, the traveling-ways, the pumps and sumps, the timbering, to see as the miners advance in their excavations that all loose coal, slate, or rock overhead is carefully secured against falling; over the arrangements for signaling from the bottom to the top, and from the top to the bottom of the shaft or slope, and all things connected with and appertaining to the safety of the men at work in the mine. He, or his assistants, shall examine carefully the workings of all mines generating explosive gases, every morning before the miners enter, and shall ascertain that the mine is free from danger, and the workmen shall not enter the mine until such examination has been made and reported, and the cause of danger, if any, be removed.

§ 6. The overseer shall see that hoisting machinery is kept constantly in repair and ready for use, to hoist the workmen in or out of the mine.

Owner.

§ 7. The word "owner" in this act shall apply to lessee as well.

Right of action.

§ 8. For any injury to person or property occasioned by any violation of this act, or any willful failure to comply with its provisions, a right of action shall accrue to the party injured for any direct damages he or she may have sustained thereby, before any court of competent jurisdiction.

Liability.

§ 9. For any willful failure or negligence on the part of the overseer of any coal mine, he shall be liable to conviction of misdemeanor, and punished according to law; provided, that if such willful failure or negligence is the cause of the death of any person, the overseer, upon conviction, shall be deemed guilty of manslaughter.

Bollers.

§ 10. All boilers used for generating steam in and about coal mines shall be kept in good order, and the owner or agent thereof shall have them examined and inspected, by a competent boiler-maker, as often as once in three months.

§ 11. This act shall not apply to opening a new coal mine.

§ 12. This act shall take effect immediately.