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CHAPTER 34.

An Act to amend Chapter 18, Revised Statutes, 1900,

« The Mines Act."

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Be it enacted by the Governor, Council, and Assembly, as follows:

Section 63 amended,

1. Section 63 of chapter eighteen, Revised Statutes, 1900, " The Mines Act," as amended by chapter seven of the Statutes of 1903, is repealed, and the following substituted therefor:

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63. When a lessee requires any lands, lakes, streams, lands covered with water, or easements or rights therein, for any of the following purposes :

Commencing mining operations, for the working of mines in existence, for supplying water to mines, or mining operations in existence or projected, for draining water therefrom, for building miners' dwellings or supplying such dwellings with water, for constructing and grading roads and streets, for constructing electric light or power lines or conduits, or for any other purposes connected with opening or operating any mine or number of mines, or for constructing or adding to any railway, building, machinery, plant, wharf, or work connected with, or incidental to, the operation of any mine or mines, or shipping the products therefrom, and for sites for power houses, and for the purpose of erecting and maintaining pole lines, and for the conveyance of power, and no agreement has been made with the owner thereof for the purchase of such lands, lakes or streams, lands covered with water, or rights or easements therein, the lessee may serve on the owner of the property required a notice in writing, which shall state

(a) That he is lessee under a certain lease, (describing it

generally);

(b) That he requires certain property, of which a plan

and description is attached, for some or one of the above purposes, (describing such properties and purposes);

(c) That he is ready to make an agreement respecting

said property required, stating the nature of the
proposed agreement, and that he is willing to pay
a certain price, which he shall state;

(d) That unless the proposed agreement and the price

offered are accepted by the owner within ten days
from the service of such notice, the lessee will
take proceedings under The Mines Act” to
acquire the property required and to have the
compensation fixed.

2. Section 64 of said chapter 18 is repealed and the fol- Section 64 lowing substituted therefor:

repealed and

substituted.

64. (1) If the owner and lessee, within ten days after the service of such notice on the owner, fail to agree upon the compensation, the lessee shall serve on the owner another notice, in writing, which shall contain:

(a) Plan and description of the property required;
(6) Thc tenure upon which the lessee desires to obtain

such property;

(c) A declaration that the lessee is ready to pay a certain

sum as full compensation to the owner;

(d) The name of the person whom the lessee appoints

as his arbitrator if his offer is not accepted;

(e) A demand upon the owner to appoint and declare

the name of an arbitrator.

(2) If within ten days from the service of such notice the owner does not inform the lessee that he accepts such sum, or does not give the lessee the name of the arbitrator appointed by him, the warden of the municipality in which the property lies, upon application of the lessee, shall appoint a competent person to arbitrate on behalf of the owner.

3. Section 70 of said chapter is repealed.

Section 70 repealed.

4. Section 82 of sa id chapter is hereby repealed and Section 82

repealed and the following substituted therefor:

substituted.

Upon payment of the amount awarded by the arbitrators, or a majority of them, the lessee shall have, hold and enjoy the property defined by him upon the tenure stated in the second notice, and shall use, have, hold and enjoy such property for the purpose or purposes defined in his first notice.

CHAPTER 35.

An Act to amend Chapter 19, Revised Statutes, 1900, en

titled, “The Coal Mines Regulation Act."

(Passed the 25th day of April, A. D., 1907.)

SECTION.

1. Section 22 amended.
2. Section 44 ainended.
3, Section 44 added to.

SECTION.

4. Section 44 added to.
5. Section added.

Be it enacted by the Governor, Council, and Assembly, as follows:

Section 22 amended.

1. Sub-section (1) of section 22 of said chapter 19, Revised Statutes, 1900, as amended by chapter 18 of the Acts of 1906, is amended by striking out the words " as a miner," from said sub-section.

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Section 44 amended.

2. Rule 13 of section 44 of the said chapter 19 is hereby repealed, and the following substituted therefor:

Rule 13. The top of every shaft which for the time being is out of use or used only as an air shaft shall be kept securely fenced in such manner as shall be directed by the commissioner.

Eection 44 added to.

3. Section 44 of said chapter 19 is amended by adding thereto the following rule:

“ (35) In any mine which is usually entered by means of machinery, a certificated person of such age as is prescribed by this chapter shall be appointed for the purpose of working the machinery which is employed in lowering and raising persons therein, and shall attend for such purpose during the whole time that any person is below ground in the mine."

Section 44 added to.

4. Said section 44 of said chapter 19 is also amended by adding thereto the following rule:

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*(Rule 36) In every mine in which men are raised or lowered in a shaft there shall be attached to the cage used for that purpose such safety appliances as may be agreed upon between the owner or manager of such mine and the Inspector of Mines.”

5. The said chapter is further amended by adding there- Section added. to after section 44, the following section :

44A. (1) The Governor-in-Council may, in any of the

districts into which this province is divided, for the purposes of section 10 of this Act, appoint a commission of three members, one of whom shall be a working miner, one the owner of a mine or his agent, and one a person of experience in coal mining but not employed in or connected with any mine in operation.

(2) Such Commission shall have power to examine every mine and to recommend that in any mine no lamp or light, other than a locked safety lamp shall be allowed or used, and shall forthwith report any such action to the Commissioner.

(3) The Commissioner, upon such report, may order that no lamp or light, other than a locked safety lamp, shall be allowed or used in any such mine, and that in case any owner or manager of a mine neglects or refuses to comply with any such order of the Commissioner, the Commissioner shall have power to order the closing of such mine, and for every day that any work is done below ground in such mine, in violation of the order, such owner or manager shall be liable to a penalty of not less than one thousand dollars.

CHAPTER 36.

An Act to amend Chapter 19, Revised Statutes, 1900, as amended by Chapter 2, Acts of 1903-4,"Of the

Regulation of Coal Mines.”

(Passed the 25th day of April, A. D., 1907.)

SECTION.

1. Chapter 2 Acts of 1903-4 amended,

SECTION.
2. Sections 76 to 84, repealed and

substituted.

Be it enacted by the Governor, Council, and Assembly, as follows:

Chapter 2, Acts of 1903-4 amended.

1. Chapter 19 of the Revised Statutes, 1900, “The Coal Mines Regulation Act,” as amended by chapter 2 of the Acts of 1903-4, is amended by adding thereto, after section 66, the following section :

66A. (1) The Commissioner may declare any locality in which coal mining is carried on to be a district for the purposes of this section, and may establish a Local Board of Examiners for such district.

(2) Such Local Board of Examiners shall consist of three members, one to be appointed by the Governor-inCouncil, one to be appointed by the managers of the mines in the district, and the third to be chosen by the engineers holding certificates in the district, at a meeting to be called by the Commissioner.

(3) Such Local Board of Examiners shall have power to examine candidates for, and to recommend the granting of second and third class certificates.

(4) Such Local Boards shall meet not less than twice each year upon such dates as are fixed by the Commissioners.

Bections 76 to

repealed

2. Sections seventy-six to eighty-four, both inclusive, and subetituted, are hereby repealed and the following substituted therefor:

(76) No person shall be eligible for examination for a third class certificate, unless,

(a) He is the holder of a license as fireman, or has

served for not less than six months as fireman; or

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