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COAL MINES REGULATION ACT 1887

COAL MINES REGULATION ACT 1887 - LONG TITLE

An Act to consolidate with amendments the Coal Mines Acts, 1872 and
1886, and the Stratified Ironstone Mines (Gunpowder) Act, 1881.{1}
[16th September 1887]
Preamble rep. by SLR 1908

Short title.

COAL MINES REGULATION ACT 1887 - SECT 1

1. This Act may be cited as the Coal Mines Regulation Act, 1887.

S.2 rep. by 1911 c.50 s.126 sch.4

COAL MINES REGULATION ACT 1887 - SECT 3
Application of Act.

3. This Act shall apply to mines of coal, mines of stratified
ironstone, mines of shale, and mines of fire-clay; and in this Act,
unless the context otherwise requires, the word "mine" means a mine
to which this Act applies.

Ss.411 rep. by 1911 c.50 s.126 sch.4

Payment of persons employed in mines by weight.

COAL MINES REGULATION ACT 1887 - SECT 12

12.(1) Where the amount of wages paid to any of the persons
employed in a mine depends on the amount of mineral gotten by
them, those persons shall be paid according to the actual weight
gotten by them of the mineral contracted to be gotten, and the
mineral gotten by them shall be truly weighed at a place as near
to the pit mouth as is reasonably practicable.

Provided that nothing in this section shall preclude the owner ...
or manager of the mine from agreeing with the persons employed in
the mine that deductions shall be made in respect of stones or
substances other than the mineral contracted to be gotten, which
shall be sent out of the mine with the mineral contracted to be
gotten, or in respect of any tubs, baskets, or hutches being
improperly filled in those cases where they are filled by the
getter of the mineral or his drawer, or by the person immediately
employed by him; such deductions being determined in such special
mode as may be agreed upon between the owner... or manager of the
mine on the one hand, and the persons employed in the mine on the
other, or by some person appointed in that behalf by the owner...
or manager, or (if any check weigher is stationed for this purpose
as herein-after mentioned), by such person and such check weigher,
or in case of difference by a third person to be mutually agreed
on by the owner... or manager of the mine on the one hand, and
the persons employed in the mine on the other, or in default of
agreement appointed by a chairman of a court of quarter sessions
within the jurisdiction of which any shaft of the mine is situate.

Subs.(2) rep. by 1969 c.6 (NI) s.163 sch.5

(3) Where it is proved to the satisfaction of a Secretary of
State, in the case of any mine or class of mines employing not
more than thirty persons underground, to be expedient that the
persons employed therein should, upon the joint representation of the
owner or owners of any such mine or class of mines and the said
persons, be paid by any method other than that provided by this
Act, such Secretary of State may, if he think fit, by order allow
the same either without conditions or during the time and on the
conditions specified in the order.

COAL MINES REGULATION ACT 1887 - SECT 13
Appointment on part of men, and removal, of check weigher.

13.(1) The persons who are employed in a mine, and are paid
according to the weight of the mineral gotten by them, may, at
their own cost, station a person (in this Act referred to as "a
check weigher") at each place appointed for the weighing of the
mineral, and at each place appointed for determining the deductions
in order that he may on behalf of the persons by whom he is so
stationed take a correct account of the weight of the mineral or
determine correctly the deductions as the case may be.

(2) A check weigher shall have every facility afforded to him for
enabling him to fulfil the duties for which he is stationed,
including facilities for examining and testing the weighing machine,
and checking the tareing of tubs and trams where necessary; and if
at any mine proper facilities are not afforded to a check weigher
as required by this section, the owner... and manager of the mine
shall each be guilty of an offence..., unless he proves that he
had taken all reasonable means to enforce to the best of his power
the requirements of this section.

(3) A check weigher shall not be authorised in any way to impede
or interrupt the working of the mine, or to interfere with the
weighing, or with any of the workmen or with the management of the
mine; but shall be authorised only to take such account or
determine such deductions as aforesaid, and the absence of a check
weigher from the place at which he is stationed shall not be a
reason for interrupting or delaying the weighing or the determination
of deductions at such place respectively, but the same shall be
done or made by the person appointed in that behalf by the
owner... or manager, unless the absent check weigher had reasonable
ground to suppose that the weighing or the determination of the
deductions, as the case may be, would not be proceeded with:
Provided always, that nothing in this section shall prevent a check
weigher giving to any workman an account of the mineral gotten by
him, or information with respect to the weighing, or the weighing
machine, or the tareing of the tubs or trams, or with respect to
the deductions or any other matter within the scope of his duties
as check weigher, so always, nevertheless, that the working of the
mine be not interrupted or impeded.

(4) If the owner... or manager of the mine desires the removal of
a check weigher on the ground that the check weigher has impeded
or interrupted the working of the mine, or interfered with the
weighing, or with any of the workmen, or with the management of
the mine, or has at the mine to the detriment of the owner... or
manager done anything beyond taking such account determining such
deductions or giving such information as aforesaid, he may complain
to a court of summary jurisdiction, who, if of opinion that the
owner... or manager shows sufficient prima8 facie ground for the
removal of the check weigher, shall call on the check weigher to
show cause against his removal.

(5) On the hearing of the case the court shall hear the parties,
and, if they think that at the hearing sufficient ground is shown
by the owner... or manager to justify the removal of the check
weigher, shall make a summary order for his removal, and the check
weigher shall thereupon be removed, but without prejudice to the
stationing of another check weigher in his place.

(6) The court may in every case make such order as to the costs
of the proceedings as the court may think just.

(7) If in pursuance of any order of exemption made by a Secretary
of State, the persons employed in a mine are paid by the measure
or gauge of the material gotten by them, the provisions of this
Act shall apply in like manner as if the term "weighing" included
measuring and gauging, and the terms relating to weighing shall be
construed accordingly.

(8) If the person appointed by the owner, ..., or manager to weigh
the mineral impedes or interrupts the check weigher in the proper
discharge of his duties, or improperly interferes with or alters the
weighing machine or the tare in order to prevent a correct account
being taken of the weighing and tareing, he shall be guilty of an
offence....

COAL MINES REGULATION ACT 1887 - SECT 14
Remuneration of check weigher.

14.(1) Where a check weigher has been appointed by the majority,
ascertained by ballot, of the persons employed in a mine, who are
paid according to the weight of the mineral gotten by them, and
has acted as such, he may recover from any person for the time
being employed at such mine and so paid, his proportion of the
check weigher's wages or recompense, notwithstanding that any of the
persons by whom the check weigher was appointed may have left the
mine or others have entered the same since the check weigher's
appointment, any rule of law or equity to the contrary
notwithstanding.

(2) It shall be lawful for the owner or manager of any mine,
where the majority of the before-mentioned persons, ascertained as
aforesaid, so agree, to retain the agreed contribution of the
persons so employed and paid as aforesaid for the check weigher,
notwithstanding the provisions of the Acts relating to truck, and to
pay and account for the same to the check weigher.

S.15 rep. by 1967 c.6 (NI) s.44(2) sch.7 Pt.II. Ss.1648 rep. by
1911 c.50 s.126 sch.4