Repeal. SEC. 4. That an act passed March 31st, 1834, entitled "An act to authorize the appraisal and sale of lands belong. ing to the state of Ohio," be and the same is hereby repealed. SEC. 5. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 29, 1872. President of the Senate. Administration of oaths by clerks, trustees, etc. AN ACT Supplementary to an act entitled "An act to protect the clections of voluntary political associations, and to punish frauds therein," passed February 24, 1871. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That township and city clerks, township trustees, aldermen and members of the council or ward trustees, be authorized to administer to the supervisors, judges of election and clerks, the oath prescribed under the provisions of section three of the act entitled an act to protect the elec tion of voluntary political associations, and to punish frauds therein, passed February 24, 1871, and that after said oath has been certified as duly administered to any supervisor acting under the provisions of the section aforesaid, the said supervisor shall be authorized to administer in a like manner the oath to the judges and clerks of election as prescribed in said act. SEC. 2. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. Passed April 29, 1872. President of the Senate. Toll gates on turnpike or plank roads. AN ACT Supplementary to the act entiltled "An act to provide. for the creation and regulation of incorporated companies in the state of Ohio," passed May 1, 1852. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any turnpike or plankroad company, now or hereafter incorporated, under the act to which this is supplementary, for the purpose of constructing a turnpike or plank. road from any city or incorporated village, to a macadamized road, or railroad, shall be authorized whenever a continuous portion of its said road, not less than three miles in length from either terminus thereof, is completed, to the approval and acceptance of the county commissioners of the county in which such road is constructed, to erect a toll gate and charge and collect tolls on said portion of said road so completed: Provided, that said portion of said road so completed shall connect with another macdamized road, railroad, plankroad or other public highway; and also provided, that no greater Amount of amount of tolls shall be charged and collected thereon, than the ordinary rate of toll per mile as provided and allowed by the general law; and that in all other respects the said company shall be governed by the laws now in force, or which may hereafter be enacted. SEC. 2. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. tolls. Passed April 29, 1872. President of the Senate. AN ACT Regulating Coal Mines, and the working thereof. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That twelve months from and after the passage of this act, it shall not be lawful for the owner or agents of any coal mine worked by shaft, wherein over thirty thousand square yards have been excavated, to employ any person to work therein, or to permit any person to work in such mine, unless there are to every seam of coal worked in such mine at least two separate outlets, separated by natural strata of not less than one hundred feet in breadth, by which shafts or outlets distinct means of ingress or egress are always available to the persons employed in the mine; but it shall not be necessary for the two outlets to belong to the same mine; and every shaft opened after the passage of this act shall have two such separate outlets, after thirty thousand square yards have been excavated; and to all other coal mines, whether slopes or drifts, two such openings or outlets shall be provided within twelve months after the passage of this act: Provided, thirty thousand square yards have been excavated at or before the passage of the act, or if not, then within twelve months after that extent has been excavated. In case such outlets are not provided as herein stipulated, it shall not be lawful for the agent or owner of any such mine to permit more than twenty persons to work therein at any one time. In case any coal mine has but one shaft, slope or drift, for the ingress or egress of the men working therein, and the owner thereof does not own suitable surface ground for another opening, the owner may select and ap Two separate outlets for mines required. Number of persons allowed to mines without such out work in lets. Amount of ventilation required. Tubes for passage of sound required. Experienced competent persons must be placed in charge, &c. Safety-lamps for examining mines. propriate any adjoining land for that purpose, and for approach thereto, and said owner shall be governed in his proceedings in appropriating such lands by the provisions of law in force, providing for the appropriation of private property by corporations, and such appropriation may be made whether the owner of such mine is a corporation or not: Provided, that no land shall be appropriated under the provisions of this act until the court is satisfied that suitable premises cannot be obtained by contract upon reasonable terms. SEC. 2. The owner or agent of every coal mine, whether shaft, slope or drift, shall provide and maintain within six months after the passage of this act, for every such mine, an amount of ventilation of not less than one hundred cubic feet per minute per person employed in such mine, which shall be circulated to the face of each and every working place throughout the mine; and all mines generating firedamp shall be kept free of standing gas, and in all mines where fire-damp is generated, every working place shall be carefully examined every morning, with a safety-lamp, by a competent person, before any of the workmen are allowed to enter. SEC. 3. The owner or agent of every coal mine, operated by shaft or slope, in all cases where the human voice cannot be distinctly heard, shall provide and maintain a metal tube from the top to the bottom of such shaft or slope, suitably calculated for the free passage of sound therein, so that conversations may be held between persons at the bottom and top of the shaft or slope; and there shall also be provided an approved safety-catch, and a sufficient cover over head, on all cages used for lowering and hoisting persons, and in the top of every shaft an approved safety-gate, and also an approved safety-spring on the top of every slope, and an adequate break shall be attached to every drum or machine used for lowering or raising persons in all shafts or slopes. The provisions of this section shall take effect within six months from and after the passage of this act. SEC. 4. No owner or agent of any coal mine, operated by a shaft or slope, shall place in charge of any engine used for lowering into or hoisting out of such mine, persons employed therein, any but experienced, competent and sober engineers; and no engineer in charge of such engine shall allow any persons, except such as may be deputed for that purpose, by the owner or agent, to interfere with it or any part of the machinery, and no person shall interfere or in any way intimidate the engineer in the discharge of his duties; and in no case shall more than ten men ride on any cage or car at one time, and no persons shall ride upon a loaded cage or car in any shaft or slope. SEC. 5. All the safety-lamps used for examining coal mines, or which may be used in working any mine, shall be the property of the owner of the mine, and shall be under the charge of the agent of such mine; and in all mines generating explosive gas, the doors used in assisting or directing the ventilation of the mine, shall be so hung and so adjusted, that they will shut of their own accord and cannot stand open; and in all such mines, the mining boss shall keep a careful watch over the ventilating apparatus, and the air. ways, and he shall measure the ventilation at least once a week at the inlet and outlet, and also at or near the face of all the entries, and all such measurements shall be reported once a week to the owner or agent of the mine, each of which reports, with the date thereof, shall be kept posted up in the office of the company or person working the mine, for the information of the miners and operatives, until the succeeding weekly report is made and posted up in the same manner. under twelve must not be employed in mines. Penalty for neglect to comply with foregoing provisions. SEC. 6. No child under twelve years of age shall be al- Children lowed to work in any mine, and in all cases of miners applying for work, it shall be the duty of the agent of such mine to see that the provisions of this section are not violated. SEC. 7. In case any coal mine does not, in its appliances for the safety of the persons working therein, conform to the provisions of this act, or the owner or agent disregards any of the requirements of this act, for the safety of miners or operatives, such owner or agent shall be deemed guilty of a misdemeanor; and the prosecuting attorney of the county in which mine may be situated, on being notified, shall pros ecute the same before the proper court of competent jurisdiction; and upon conviction thereof such owner or agent shall be fined in any sum not less than fifty nor more than five hundred dollars, and shall be enjoined or restrained from working or operating such mine with more than twenty miners at one time, until the provisions of this act shall be complied with. any SEC. 8. Any miner, workman, or other person who shall knowingly injure or interfere with any safety-lamp, air-course or brattice, or obstruct or throw open doors, or disturb part of the machinery, or disobey any order given in carry ing out the provisions of this act, or ride upon a loaded car or wagon in a shaft or slope, or do any act whereby the lives or health of the persons, or the security of the mines and machinery is endangered, or if any miner or person employed in any mine governed by the provisions of this act, shall neglect or refuse to securely prop or support the roof and entries under his control, or neglect or refuse to obey any order given by the superintendent in relation to the security of the mine in the part of the mine under his charge or control, every such person shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding fifty dollars, or imprisonment in the county jail not exceeding thirty days, or both, at the discretion of the court. SEC. 9. In all coal mines in this state, the miners employed and working therein, the owners of the land or other persons interested in the rental or royalty of any such mine, shall, at all proper times, have full right of access, and examination of all scales, machinery or apparatus used in or about said mine, to determine the quantity of coal mined, for the purpose of testing the accuracy and correctness of all such scales, Maps or plaus of the working of mines must be prepared, cte. --and be machinery or apparatus, and such owners, or other persons, may designate or appoint a competent person to act for them, who shall, at all proper times, have full right of access and examination of such scales, machinery or apparatus, and inspecting all weights and measures of coal mined, and the accounts kept of the same: Provided, not more than one person on behalf of the miners collectively, or one person on behalf of the land owners or other persons interested in the rental or royalty jointly, shall have such right of access, examination and inspection of scales, weights, 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. SEC. 10. The owner or agent of every coal mine being Worked shall, within six months after the passage of this act, make, or cause to be made, an accurate map or plan of the working of such mine, on a scale of not less than one hundred feet to the inch, showing the area mined or excavated, and the location and connection with such excavation of the mine, of the lines of all adjoining lands, and the name or names of each owner or owners, so far as known, marked on each tract, which map or plan shall be safely kept at the office or place of business of such mine, which map or plan shall be so prepared that each succeeding statement and plan of the working of such mine can be entered and distinctly marked thereon; and at the expiration of each succeeding three months, said owner or agent shall enter upon such map a correct exhibit of the working of such mine, showing the area and location thereof mined out the preceding three months. Said map shall be open to the inspection and examination, on demand, of any person interested in the working of such mine, and owner or owners of adjoining land or lands; any such examination. person or owner shall have permission to make, or cause to be made, for their use, a copy of such map or plan. In case any such owner or agent shall neglect or refuse to make and keep such map or plan, and keep marked and shown thereon the progress of the working of such mine as herein provided, or shall refuse to exhibit the same for inspection or copy to any entitled thereto by the provisions of this section, any person person interested in the working of such mine, or any owner of any adjoining land or lands, shall have permission and authority to enter such mine with a competent engineer and proper assistants, and cause the same to be surveyed, and a map or plan of the same to be made for his use, and the expense of such survey and map may be recovered in a civil action in any court of competent jurisdiction against such owner or agent by any person or persons entitled to such inspection, examination or copy. open to in spection and Survey, in case of re fusal or neg lect to comply, etc. SEC. 11. The provisions of this act shall not apply or affect any coal mine in which not more than twenty men are employed at the same time. |