Chapter 22. MINES AND MINERALS.

§1. Department of Mines.—There shall be a state department of mines, which shall have for its purpose the supervision of the execution and enforcement of all state laws pertaining to the inspection of mines, enacted for the safety of persons employed within or at the mines within this State and the protection of mine property and other property used in connection there with.(1905, c. 46, §1; 1907, c. 78, §1; 1915, c. 10, §1; 1919, c. 32, §1; Code 1923, c. 15H, §10; 1925, c. 88, §1.)

§2. Chief of Department of Mines; Duties; Term of Office.—The department of mines shall be in charge of an official to be known as the chief of the department of mines, who shall be appointed by the governor, by and with the advice and consent of the senate. He shall have full charge of the department and shall supervise and direct the inspection of mines as provided by law. The chief of the department of mines in office on the date this Code takes effect shall, unless sooner removed, continue to serve until his term expires and his successor has been appointed and has qualified. On or before the first day of January, nineteen hundred and thirty-four, and on or before the first day of January of each fourth year thereafter, the governor shall appoint a chief of the department of mines to serve for a term of four years, commencing on said first day of January.(1883, c. 70, §1; 1897, c. 59; 1901, c. 106, §§1a, 2c; 1905, c. 46, §1; 1907, c. 78, §1; 1915, c. 10, §§1, 2; 1919, c. 32, §§1, 2; Code 1923, c. 15H, §§10, 11; 1925, c. 88, §§1, 2.)

§3. Same; Qualifications; Salary.—The chief of the department of mines shall be a male citizen of West Virginia, and shall be a competent person, having had at least eight years’ experience in the working, ventilation and drainage of coal mines, two years of which have been in this State, and having a practical and scientific knowledge of all noxious and dangerous gases found in such mines. A diploma from any accredited engineering school shall qualify as two years’ working experience. He shall devote all of his time to the duties of his office, and shall not be directly or indirectly interested in a financial way in any coal mines in this State. The salary of the chief of the department of mines shall be seven thousand dollars per annum, and traveling expenses, which shall be paid monthly out of the state treasury upon a requisition upon the state auditor, properly certified by the chief of the department of mines.(1883, c. 70, §§1, 2; 1897, c. 59; 1901, e. 106, §§1c, 2b; 1905, c. 46, §1; 1907, c. 78, §1; 1915, c. 10, §4; 1919, c. 32, §4; Code 1923, c. 15H, §11; 1925, c. 88, §4; 1929, c. 17.)

§4. Same; Oath; Bond.—The chief of the department of mines shall, before entering upon the discharge of his duties, take the oath of office prescribed by the Constitution, and shall execute a bond in the penalty of two thousand dollars, with security to be approved by the governor, conditioned upon the faithful discharge of his duty, a certificate of which oath and which bond shall be filed in the office of the secretary of state.(1883, c. 70, §2; 1897, c. 59; 1901, c. 106, §2a; 1905, c. 46, §2; 1907, c. 78, §2; 1915, c. 10, §3; Code 1923, c. 15H, §11; 1925, c. 88, §3.)

§5. Same; Record of Inspections; Authority.—The chief of the department of mines shall keep and index a permanent record of all inspections made by himself and the district mine inspectors. All records of the department of mines shall, at all times, be open to the inspection of any citizen of this State, and shall be laid before the governor of the State upon his request at any time. The chief of the department of mines shall have authority to visit, enter and examine any mine and may call the assistance of any district mine inspector or inspectors to any mine.(1897, c. 59; 1901, c. 106, §1a; 1905, c. 46, §1: 1907, c. 78, §1; 1915, c. 10, §5; Code 1923, c. 15H, §11; 1925, c. 88, §5.)

§6. Same; Annual Report to Governor.—The chief of the department of mines shall annually make a full and complete written report of his proceedings to the governor of the State for the year ending the thirty-first day of December. Such report shall include the reports of the district mine inspectors, the number of visits and inspections made in the State by the district inspectors, the quantity of coal and coke produced in the State, the number of men employed, number of mines operated, ovens in and out of blast, improvements made, prosecutions, and such other information in relation to the subject of mines, mining inspections and needed legislation as he may deem of public interest and beneficial to the mining interests of the State. Such report shall be filed with the governor on or before the thirtieth day of June next succeeding the year for which it was made, and shall be printed upon the requisition of the governor and distributed among the operators, miners and citizens of the State.(1901, c. 106, §3a; 1905, c. 46, §3; 1907, c. 78, §3; 1915, c. 10, §6; Code 1923, c. 15H, §11; 1925, c. 88, §6.)

§7. Mining Districts; Mine Inspectors; Term of Office.—The chief of the department of mines, with the approval of the governor, shall divide the State into twenty-five mining districts, in such manner as to equalize as far as practicable the work of each inspector. The chief of the department of mines shall appoint one inspector for each mining district within the State, and three mine inspectors at large. The mine inspectors in office on the date this Code takes effect shall, unless sooner removed as provided by law, continue to serve until their terms expire and their successors have been appointed and have qualified. On or after the first day of January, nineteen hundred and thirty-four, and on or after the first day of January of each fourth year thereafter, the chief of the department of mines appointed for the term commencing on said first day of January shall appoint one inspector for each mining district within the State, and three mine inspectors at large, to serve for a term of four years commencing on said first day of January.(1887, c. 50, §§1, 2; 1890, c. 9, §§1, 2; 1893, c. 22, §1; 1897, c. 59; 1901, c. 106, §§1a, 2c, 3c; 1905, c. 46, §§2, 4; 1907, c. 78, §§2, 4; 1915, c. 10, §7; 1919, c. 32, §7; 1921, c. 118, §7; Code 1923, c. 15H, §12; 1925, c. 88, §7; 1929, c. 16.)

§8. Mine Inspector; Qualifications; Oath; Bond; Removal; Salary and Expenses.—Every person appointed to the office of mine inspector shall be a citizen of West Virginia, of good moral character and temperate habits, shall have a practical knowledge of mining and the proper ventilation and drainage of mines, and a knowledge of the gases met with in coal mines, and shall be a miner of at least six years’ experience in coal mines. A diploma from any accredited school of mining engineering, or having otherwise been engaged as an employee for six years within coal mines, shall qualify as two years’ experience. He shall not while in office be interested as owner, operator, stockholder, superintendent or engineer of any coal mine. Before entering upon the discharge of his duties he shall take the oath of office prescribed by the Constitution, and shall execute a bond in the penalty of two thousand dollars, with security to be approved by the governor, conditioned upon the faithful discharge of his duty, a certificate of which oath and which bond shall be filed in the office of the secretary of state.

A mine inspector shall be removed from office by the chief of the department of mines for incompetency, neglect of duty, drunkenness, malfeasance or for other good cause.

The salaries of mine inspectors shall not be less than three thousand nor more than three thousand six hundred dollars per annum, and actual traveling expenses; such salary to be determined by the chief of the department of mines, and based on the ability and experience of the inspector: Provided, That before payment of such expenses shall be made to the inspector, he shall file an account of such expenses, verified by his affidavit, showing they accrued in the discharge of his official duties.(1887, c. 50, §§2, 3; 1890, c. 9, §2; 1897, c. 59; 1901, c. 106, §§1d, 2a, 2b; 1905, c. 46, §§2, 3; 1907, c. 78, §2; 1915, c. 10, §§9, 10; 1919, c. 32, §9; Code 1923, c. 15H, §12; 1925, c. 88, §§8, 9; 1929, c. 16.)

§9. Same; Inspections; Reports.—Each of the mine inspectors shall report in writing, weekly, to the chief of the department of mines, the number and condition of all mines inspected by him during each week, and shall deliver to the operator or operators of each mine inspected a certificate of inspection, and shall post a duplicate certificate at a prominent place of the operating company where it may conveniently be read by any of the mine employees. The duplicate shall remain posted until a subsequent certificate is issued by the mine inspector. A mine inspector appointed for a particular district shall visit each mine in his district at least once in every three months, or oftener if called upon in writing by ten men engaged in any one mine, or by the owner, operator or superintendent of such mine, and make a personal examination of each working place, and also abandoned parts of the mine where gas is liberated, and outside of the mine where any danger may exist to the workmen in their respective districts, and shall particularly examine into the condition of the mine as to ventilation, drainage and general safety, and shall make a report of such examination, and he shall see that all provisions of the mining statutes are strictly carried out. It shall be unlawful for any mine inspector to appoint any deputy or other person to do and perform any work required of such inspector.(1887, c. 50, §4; 1890, c. 9, §4; 1897, c. 59; 1901, c. 106, §§1b, 3a; 1905, c. 46, §2; 1907, c. 78, §2; 1915, c. 10, §11; Code 1923, c. 15H, §12; 1925, c. 88, §10; 1929, c. 16.)

§10. Mine Rescue Car; Equipment; Use for Educational and Training Work.—The chief of the department of mines is hereby authorized, with the approval of the state board of control, to purchase, equip and operate for the use of said department a mine rescue car. Such car shall be fully equipped with life saving apparatus and appliances suitable for use in cases of mine disaster. It shall be stationed at Charleston when not in active use, and the chief of the department of mines shall make all necessary arrangements for the haulage and operation of such car, so that the same may be hauled over the lines of any railroad and may reach the scene of any mine disaster with the utmost promptitude. Such mine rescue car may also be equipped and used, under such rules and regulations as may be prescribed by the chief of the department of mines, for educational purposes and for training in rescue work among the mine workers in this State, such as shall tend to conserve human life and property in the mining industry of this State.(1917, c. 47, §§1, 2; Code 1923, c. 15H, §§97, 98.)

§11. Mine Rescue Crews.—The chief of the state department of mines is hereby authorized to train and employ at each of the mine rescue stations, operated by that department within the State, two rescue crews of six members each. Each member of a rescue crew shall devote four hours twice each month for training purposes, and shall be available at all times to assist in rescue work at explosions and mine fires. He shall receive for his services the sum of five dollars per month, payable on requisition approved by the chief of the department of mines, and such other sums, to be paid by the operating company, as may be agreed upon when engaged in rescue work at explosions or mine fires. The chief of the department of mines may remove any member of a rescue crew at any time for neglect of duty, or failure to obey instructions.(1927, c. 23.)

§12. Director of Mine Rescue Work; Qualifications; Term of Office; Salary.—The chief of the department of mines shall appoint, subject to the approval of the governor of the State, a director of rescue work to have charge of the operation of said mine rescue car. Such director shall be a man possessed of the same qualifications as those required for the office of chief of the department of mines, as prescribed in section three of this article; and, in addition thereto, he shall have had thorough training in mine rescue work and extended experience in the rescue work of mine disasters in this State. The term of office of the director shall be the same as the district mine inspectors. The salary of the director shall be two thousand nine hundred dollars per annum and actual traveling expenses. Such salary and expenses shall be paid monthly out of the state treasury, upon approval of the chief of the department of mines.(1917, c. 47, §3; Code 1923, c. 15H, §99; 1929, c. 89, §17.)

§13. Offenses; Penalties; Jurisdiction.—Any chief of the department of mines who shall violate any of the provisions contained in sections two to seven, inclusive, of this article shall, upon conviction thereof, be fined not less than twenty-five dollars nor more than two hundred dollars, and may, in the discretion of the court, be imprisoned in the county jail not exceeding one year.

Any mine inspector who shall violate any of the provisions contained in sections eight and nine of this article shall, upon conviction thereof, be fined not less than one hundred nor more than five hundred dollars, and be dismissed from office by the chief of the department of mines.

In all prosecutions under this article, the circuit court, criminal court, intermediate court having criminal jurisdiction, and justices of the peace, shall have concurrent jurisdiction, with the right of appeal.[1907, c. 78, §26; 1915, c. 10, §87; Code 1923, c. 15H, §36e(5); 1925, c. 88, §71.]

§1. Definitions; Scope of Article.—Mine: In this article the term “mine” shall include the shafts slopes, drifts, or incline planes connected with excavations penetrating coal stratum or strata, which excavations are ventilated by one general air current, or divisions thereof, and connected by one general system of mine railroads over which coal may be delivered to one or more points outside the mine, when such is operated by one operator.

Excavations and Workings: The terms “excavations” and “workings” shall include all the excavated portions of the mine, those abandoned as well as the places actually being worked; also all underground workings and shafts, tunnels, and other ways and openings, and all such shafts, slopes, tunnels and other openings in the course of being sunk or driven, together with all roads, appliances, machinery and material connected with the same below the surface.

Shaft: The term “shaft” shall mean a vertical opening through the strata that is or may be used for the purpose of ventilation or drainage, or for hoisting men or material, or both, in connection with the mining of coal.

Slope: The term “slope” shall mean an incline or opening used for the same purpose as a shaft.

Operator: The term “operator” shall mean any firm, corporation, or individual operating any coal mine, or any part thereof.

Superintendent: The term “superintendent” shall mean the person who shall have, on behalf of the operator, immediate supervision of one or more mines.

Mine Foreman: The term “mine foreman” shall mean the person whom the operator or superintendent shall place in charge of the inside workings of the mine and of the persons employed therein.

Approved Safety Lamp or Electric Lamp: The terms “approved safety lamp” or “approved electric lamp” shall mean any safety lamp, or electric lamp, approved by the depart ment of mines.

Unless otherwise expressly provided, the provisions of this article shall apply to all coal mines.[1887, c. 50, §18; 1907, c. 78, §27; 1915, c. 10, §§85, 86; Code 1923, c. 15H, §36e(4), (5); 1925, c. 88, §70.]

§2. Mine Map; Certificate of Engineer; Penalty.—The operator, or agent, of every coal mine shall make, or cause to be made, an accurate map or plan of such mine, on a scale to be stated thereon, of one hundred, two hundred or three hundred feet to the inch. Such map or plan shall show the openings or excavations, the shafts, slopes, entries, airways, with darts or arrows showing directions of air currents, headings, rooms, pillars, and such portions of such mine or mines as may have been abandoned, the general inclination of the coal strata, and so much of the property lines and the outcrop of the coal seam of the tract of land on which the mine is located as may be within one thousand feet of any part of the workings of such mine. A true copy of such map or plan shall be delivered by such operator to the, inspector of his district, to be preserved among the records of his office and turned over to his successor in office; but in no case shall any copy of the same be made without the consent of the operator or his agent; The original map, or a true copy thereof, shall be kept by such operator at the office of the mine, and open at all reasonable times for the examination and use of the inspector, and such operator shall, twice within every twelve months, while the mine is in operation, cause such survey and the map thereof to be extended so as to accurately show the progress of the workings, the property lines and outcrops as above provided.

The map or maps required by this section shall have the certificate of the engineer making the same, acknowledged thereon before a notary public, or justice of the peace, in the following form:

Any engineer who shall knowingly make any such map which does not correctly show the data required in this section, or knowingly make any false statement in connection therewith, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than fifty nor more than two hundred dollars.(1883, c. 70, §3; 1887, c. 50, §5; 1901, c. 106, §5; 1907, c. 78, §5; 1915, c. 10, §15; Code 1923, c. 15H, §13; 1925, c. 88, §11.)

§3. Failure of Operator to Furnish Map; Incorrect Map.—If the operator, or agent, of any coal mine shall neglect or fail to furnish to the mine inspector of his district a copy of the map, or extension thereof, as provided in the preceding section of this article, the mine inspector is hereby authorized to cause a correct survey and map, or plan, of said coal mine, or the extension thereof, to be made at the expense of the operator of such mine, the cost of which shall be recoverable from the operator as other debts are recoverable by law. If at any time the chief of the department of mines has reason to believe that such map, or plan, or extension thereof, furnished in pursuance of the preceding section, be materially incorrect, and will not serve the purpose for which it was intended, he may have the survey and map, or plan, or the extension thereof, made or corrected, and the expense of making such survey and map, or plan, or extension thereof, under the direction of the chief of the department of mines, shall be paid by the operator, and the same may be collected as other debts are recoverable by law; and if found correct, the expense thereof shall be paid by the State.(1883, c. 70, §3; 1887, c. 50, §5; 1907, c. 78, §6; 1915, c. 10, §16; Code 1923, c. 15H, §14; 1925, c. 88, §12.)

§4. Ventilation of Mines in General; Number to Work in Same Air Current.—The operator, agent or mine foreman of every coal mine, whether worked by shaft, slope or drift, shall provide and hereafter maintain for every such mine adequate ventilation affording no less than one hundred cubic feet of air per minute for each and every person employed in such mine and as much more as the district mine inspector may require, which shall be circulated around the main headings and cross headings and working places to an extent that will dilute, render a harmless and carry off the noxious and dangerous gases liberated therein. As working places advance, break throughs for air shall be made not to exceed eighty feet apart, in pillars, or line brattice or other approved methods of ventilation shall be used so as to properly ventilate the face. With the approval of the mining department greater distances than specified above may be made between break throughs. All the break throughs between the intake and return airways not required for the passage of air shall be closed with stoppings substantially built with suitable material, which shall be approved by the district mine inspector, so as to keep working places well ventilated.

No more than sixty persons shall be permitted to work in the same air current: Provided, That a larger number, not exceeding eighty persons, may be allowed by the district mine inspector where, in his judgment, it is impracticable to comply with the foregoing requirements.

No operator, agent or mine foreman shall permit any persons to work where they are unable to maintain at least one hundred cubic feet of air per minute; but this shall not be construed to prohibit the operator from employing men to make the places of employment safe and to comply with this requirement. While the repair work necessary to get the mine in condition to comply with the law is in progress, no person or persons shall be permitted to enter that part of the mine affected except those actually employed in doing the necessary repair work.[1883, c. 70, §5; 1887, c. 50, §10; 1901, c. 106, §10; 1907, c. 78, §11; 1915, c. 10, §§17, 19; Code 1923, c. 15H, §15; 1925, c. 88, §13 (d), (e), (f), (g).]

§5. Ventilation of Mines Liberating Explosive Gas; Stoppings; Doors.—In all mines liberating explosive gas and where there is any reason to believe that gas will be encountered in the future workings and developments of the mine, the minimum ventilation shall be one hundred and fifty cubic feet per minute for each and every person employed therein, and as much more as one or more of the district mine inspectors may deem requisite, and all stoppings on the main entries shall be substantially built of masonry, concrete or other incombustible material, which shall be approved by the district mine inspector, so as to keep the working places well ventilated. Doors on main haulways shall be avoided in gaseous mines where practicable, and overcasts built of masonry or other incombustible material and of ample strength shall be adopted, and where doors are used they must be built in a substantial manner and hung so as to close automatically when unobstructed.[1901, c. 106, §10; 1907, c. 78, §12; 1915, c. 10, §26; Code 1923, c. 15H, §19; 1925, c. 88, §13(i).]

§6. Fans.—The ventilation of mines shall be produced by means of fans, mechanically operated, unless otherwise ordered by the chief of the department of mines. Buildings in which the ventilating fan is inclosed shall be constructed of noncombustible material, or other wise protected from damage by fire by such safeguards as may be approved by the department of mines.

The fan (or fans) shall be kept in operation night and day, unless written permission to do otherwise be granted by the chief of the department of mines, or the district inspector in whose district the mine is located. In case of accident to a ventilating fan or its machinery whereby the ventilation of the mine is seriously interrupted, the mine foreman shall order the men to withdraw immediately from the mine, and he shall not allow them to return to their work until the ventilation has been restored and the mine has been thoroughly examined by him, or by an assistant mine foreman, or fire boss, and reported safe.[1901, c. 106, §10; 1907, c. 78, §13; 1915, c. 10, §29; Code 1923, c. 15H, §21; 1925, c. 88, §13(a), (b).]

§7. Plan of Ventilation.—Every operator or agent, of a coal mine, before making any new or additional openings, shall submit to the chief of the department of mines, for his information and approval, a plan showing the proposed system of ventilation and equipment of the openings with their location and relative positions to adjacent developments; and no such new or additional openings shall be made until approved by the chief of the department of mines.[1907, c. 78, §7; 1915, c. 10, §30; Code 1923, c. 15H, §22; 1925, c. 88, §13(c).]

§8. Rooms and Entries Driven in Advance of Air Current.—Should the mine inspector discover any room, entry, airway, or other working places, being driven in advance of the air currents contrary to the requirements of this article, he shall order the workmen in such places to cease work at once until the law is complied with.(1907, c. 78, §15; 1915, c. 10, §13; Code 1923, c. 15H, §12; 1925, c. 88, §13.)

§9. Unused and Abandoned Parts of Mines.—All unused working and abandoned parts of the mines must be protected by such safeguards as will prevent, so far as practicable, the accumulation or overflow of gas therein, and all avenues leading thereto shall be so arranged and conducted as to give cautionary notice to all persons of the danger in entering therein; and in order to secure the safety of the workmen in general against the danger in such unused or abandoned sections of the mine, notice shall be posted warning all persons not to enter such parts of the mine, except persons authorized to make examination of such section, and it shall be unlawful for any person, except as aforesaid, to enter such parts of said mine.[1901, c. 106, §10; 1907, c. 78, §12; 1915, c. 10, §27; Code 1923, c. 15H, §19; 1925, c. 88, §13(j).]

§10. Petroleum and Alcohol Products Prohibited as Motive Power in Mines.—No product of petroleum, or alcohol, or any compound that in the opinion of the inspector will contaminate the air to such an extent as to be injurious to the health of the miner shall be used as motive power in any mine.[1915, c. 10, §18; Code 1923, c. 15H, §15; 1925, c. 88, §13(h).]

§11. Coal Dust.—In all mines, accumulations of fine, dry coal dust shall, as far as practicable, be removed from the mine, and all dry and dusty operating sections kept thoroughly watered down or rock dusted or dust allayed by such other methods as may be approved by the state department of mines.(1887, c. 50, §10; 1901, c. 106, §10; 1907, c. 78, §11; 1915, c. 10, §20; Code 1923, c. 15H, §15; 1925, c. 88, §14; 1929, c. 16, §14.)

§12. Telephone and Other Safety Devices.—The operator, or agent, of every coal mine worked by shaft shall provide and maintain a metal tube, telephone or other approved means of communication from the top to the bottom of such shaft, suitably adapted to the free passage of sound, through which conversation may be held between persons at the top and at the bottom of the shaft; also the ordinary means of signaling, and an approved safety catch, and a sufficient cover overhead on every cage used for lowering or hoisting persons, and at the top of the shaft an approved safety gate, and an adequate brake on the drum of every machine used to lower or hoist persons in such shaft. Said operator or agent shall have the machinery used for lowering or hoisting per sons into or out of the mine kept in safe condition, and inspected once in each twenty-four hours by some competent person, and there shall be cut out or around the side of the hoisting shaft, or driven through the solid strata at the bottom thereof, a traveling way of not less than five feet high and three feet wide to enable a person to pass the shaft in going from one side of it to the other without passing over or under the cage or other hoisting apparatus.(1887, c. 50, §8; 1907, c. 78, §9; 1915, c. 10, §21; Code 1923; c. 15H, §16; 1925, c. 88, §15.)

§13. Engineer in Charge of Hoisting Machinery; Qualifications; Persons Permitted to Ride in Cage or Car.—No operator or agent of any coal mine worked by shaft, slope or incline, shall place in charge of any engine or drum to used for lowering or hoisting persons employed in such mine any but competent and sober engineers or drum runners; and no engineer in charge of such machinery shall allow any person, in except such as may be deputed for this purpose by the operator or agent, to interfere with any part of the machinery; and no person shall interfere with or intimidate the engineer or drum runner in the discharge of his duties. In no case where the mine is operated or worked by shaft or slope shall more than ten persons ride in any cage or car at one time, without the approval of the chief of the department of mines first having been obtained, and no person shall ride on a loaded cage or car in any shaft or slope; or on any incline.(1887, c. 50, §9; 1907, c. 78, §10; 1915, c. 10, §23; 1919, c. 119, §17; § Code 1923, c. 15H, §17; 1925, c. 88, §17.)

§14. Uniform Checking System.—The operator or agent of every shaft mine shall install a uniform system of checking the employees in and out of the mine, whereby each employee upon entering the mine shall he given a check by which he shall be identified, and which check shall be placed in its proper place on the check board by the employee when leaving the mine.(1915, c. 10, §22; Code 1923, c. 15H, §16; 1925, c. 88, §16.)

§15. First Aid Equipment.—In every mine where one hundred or a less number of men are employed underground, it shall be the duty of the operator thereof to keep always on hand at the mine two properly constructed stretchers, two woolen and waterproof blankets, and all necessary requisites which may be advised by the medical practitioner employed by the company, and for each additional fifty men so employed, one additional stretcher and equipment as above specified shall be furnished.(1901, c. 106, §11; 1907, c. 78, §15; 1915, c. 10, §24; Code 1923, c. 15H, §17; 1925, c. 88, §18.)

§16. Safety or Electric Lamps.—Mines which liberate explosive gas from the coal or adjacent strata in dangerous quantities, and where three-fourths of one per cent is determined by air analysis, or other approved methods, on return air currents, shall, upon order of the chief of the state department of mines, be worked exclusively by the use of approved safety lamps, approved electric lamps, and in such mine or mines no open lamp or torch shall be used except as may be permitted in writing by the said chief: Provided, however, That the foregoing provision requiring the use of approved safety lamps or approved electric lamps shall not be effective in mines or sections of mines where the ventilation may be increased in sufficient volume to dispel, eliminate or reduce the methane content below the percentage heretofore mentioned. In mines where flame safety lamps and approved electric lamps are required to be used for working therein, the lamps shall be in charge of some person to be designated by the mine superinendent; and at least two flame safety lamps shall be kept in reserve and ready for use at every coal mine whether such mine liberates explosive gas or not. All mine foremen and fire bosses employed in gaseous mines shall, at all times, carry an approved flame safety lamp for the purpose of detecting the presence of explosive gas, such lamp to be kept lighted at all times when in use inside the mines.(1887, c. 50, §10; 1901, c. 106, §10; 1907, c. 78, §14; 1915, c. 10, §28; Code 1923, c. 15H, §20; 1925, c. 88, §20; 1929, c. 16, §20.)

§17. Mine Openings or Outlets; Roadway; Hoisting Equipment at Shaft Outlets; Limitation of Section.—It shall be unlawful for the operator, agent or mine foreman of any coal mine to employ any person to work in such mine, or permit any persons to be in the mine for the purpose of working therein, unless they are in communication with at least two openings, or outlets, to each seam, separated by natural strata, such openings to be not less than three hundred feet apart, if the mine be worked by shaft, and not less than fifty feet apart at the outlets, if worked by slope or drift; but this requirement of a distance of three hundred feet between openings or outlets to shaft mines shall not apply where such openings or outlets have been made prior to the adoption of this Code. To each of the outlets there shall be provided from the interior of the mine a safe and available roadway, properly drained, which shall at all times, while the mine is in operation, be kept free from all obstructions that might prevent travel thereon in case of an emergency. If either of the outlets be by shaft, it shall be fitted with safe and available appliances, such as stairs or hoisting machinery, which shall at all times, when the mine is in operation, be kept in order and ready for immediate use, whereby persons employed in the mine may readily escape in case of accident, and in addition to the regular hoisting machinery every shaft used for lowering or hoisting men shall be provided with a complete emergency windlass, or other hoisting device of ample strength for hoisting men from the mine, the same to be approved by the department of mines.

This section shall not apply to any mine while work is being prosecuted with reasonable diligence in making communication between such outlets, necessary repairs and removing obstructions, so long as not more than twenty persons are employed at any one time in the mine; neither shall it apply to any mine, or part of a mine, in which a second outlet has been rendered unavailable by reason of the final robbing of pillars, preparatory to abandonment, so long as not more than twenty persons are employed therein at any one time; but before a limited number of men are so permitted to work, approval of the necessity therefor shall first be obtained from the department of mines by the operator.(1887, c. 50, §6; 1907, c. 78, §8; 1915, c. 10, §31; Code 1923, c. 15H, §23; 1925, c. 88, §21.)

§18. Unsafe Mine; When To Be Closed; How Reopened.—The operator or agent of every coal mine shall furnish the inspector proper facilities for entering Such mine and making examinations or obtaining information; and if any inspector shall discover that any mine does not, in respect to appliances for the safety of the persons employed therein, conform to the provisions of this article, or that by reason of any defect or practice in or at such mine the lives or health of persons employed therein are endangered, he shall immediately, in writing, notify such operator or agent thereof, stating in such notice the particulars in which he considers such mine to be defective or dangerous, and, if he deems it necessary for the protection of the lives and health of the persons employed in such mine, he shall, after giving one day ’s notice in writing to the operator or agent, notify immediately the chief of the department of mines, who shall forthwith examine the mine reported to be unsafe.

If, upon such examination, the mine is in fact found to be in an unsafe condition, the chief of the department of mines shall forthwith order the mine to be closed until it is placed in a safe and proper condition for mining operations. The owner or operator of any mine so closed may apply to the circuit court wherein such mine is located, or the judge thereof in vacation, by petition, for an order directing said mine to be reopened, and such court, or the judge thereof in vacation, shall immediately hear and determine the matters arising upon such petition, and if upon full hearing thereof the court, or the judge thereof in vacation, shall find that the mine is in a reasonably safe condition, the prayer of said petition shall be granted; but at least three days’ notice of the hearing shall be given to the mine inspector appointed for or acting in that district and the chief of the department of mines before the hearing; and in all such hearings the attorney general shall appear for the State and defend the same.(1887, c. 50, §12; 1907, c. 78, §16; 1915, c. 10, §25; Code 1923, c. 15H, §18: 1925, c. 88, §19; 1929, c. 16, §7a.)

§19. No Act Permitted Endangering Security of Mine; Search for Intoxicants, Matches, Etc.—No miner, workman or other person shall knowingly injure any shaft, lamp, instrument, air course, or brattice, or obstruct or throw open airways, or carry matches or open lights in the places worked by safety lamps, or disturb any part of the machinery or appliances, open a door used for directing ventilation and not close it again, or enter any part of a mine against caution, or disobey any order given in carrying out any of the provisions of this article, or do any other act whereby the life or health of any person employed in the mine or the security of the mine is endangered.

In mines where electric or safety lamps are used no miner, workman or other person shall at any time enter any mine and carry therein any intoxicating liquors, matches, pipes, cigars, cigarettes, or any device for making lights or fire not authorized or approved. In all such mines the operator shall, at least once each week, search or cause to be searched any person entering or about to enter any mine, to prevent such person from taking or carrying therein any of the above mentioned articles, and no person shall be permitted to enter any mine while under the influence of intoxicating liquors.(1887, c. 50, §14; 1890, c. 9, §14; 1907, c. 78, §18; 1915, c. 10, §§40, 41; Code 1923, c. 15H, §§32, 33; 1925, c. 88, §26.)

§20. Stable in Mine.—No operator, agent or mine foreman shall provide a horse or mule stable inside of any mine unless space is excavated in solid strata of rock, slate or coal. If excavated in the coal seam, the wall shall be built of brick, stone or concrete not less than four inches in thickness, or of steel plates, and shall be built from the bottom slate to the roof. No wood or other combustible material shall be used in the construction of the inside of the stable. The air current used for the ventilation of the stable shall not be intermixed with the air current used for ventilating any other portion of the mine, but shall be conveyed directly to the return air current. No open lights shall be permitted in any stable in any mine. No hay or straw shall be taken into any mine, unless pressed or made up in compact bales, which shall be kept in a storehouse built apart from the stable, constructed in the same manner as the stable. Under no circumstances shall hay be stored in the stable. All refuse and waste shall be removed from the stable and shall not be allowed to accumulate in the mine.(1915, c. 10, §44; Code 1923, c. 15H, §36; 1925, c. 88, §29.)

§21. Steam Locomotive in Mine.—No steam locomotive shall be used in mines where men are actually employed in the extraction of coal, except by the consent of the district mine inspector; but this shall not be construed to prohibit any mine owner from operating a steam locomotive through any tunnel, haulway or part of a mine that is not in actual operation and furnishing coal.(1907, c. 78, §24; 1915, c. 10, §37: Code 1923, c. 15H, §29; 1925, c. 88, §24.)

§22. Electricity.—The operator, agent or mine foreman of any coal mine in which electricity is used as a means of power shall comply with the provisions of sections twenty-three to thirty-two, inclusive, of this article.[1915, c. 10, §47; Code 1923, c. 15H, §36b(1); 1925, c. 88, §31.]

§23. Protection Against Trolley or Power Wires.—On all haulage roads, landings and partings, where men are required regularly to work or pass under trolley or other bare power wires which are placed less than six and onehalf feet above top of rail, a suitable protection shall be provided. This protection shall consist of channeling the roof, placing boards along the wire, which shall extend below it, or the use of other approved devices that afford protection.[1915, c. 10, §48; Code 1923, c. 15H, §36b(1); 1915, c. 88, §32.]

§24. Insulation of Machine or Feed Wires.—All machine or feed wires shall be placed on glass or porcelain insulators, which shall be so placed as to prevent the wires coming in contact with the coal. When machine or feed wires are carried in the same entry as the trolley wire, they shall be placed on the same side as the trolley wire, between trolley wire and rib, and protected so far as practicable from contact therewith, and positive feed wires crossing places where persons or animals are required to travel shall be safely guarded or protected from such persons or animals coming in contact therewith, as provided in the preceding section.[1915, c. 10, §49; Code 1923, c. 15H, §36b(1); 1925, c. 88, §33.]

§25. Location of Trolley or Feed Wires; Switches.—All trolley and positive feed wires shall be placed on opposite sides of the track from refuge holes or necks of room, when so ordered by the department of mines, and wires may be placed across the necks of rooms when protected as provided in section twenty-three of this article. Switches or circuit breakers shall be provided to control the current at the mine and all important sections in the mine.[1915, c. 10, §50; Code 1923, c. 15H, §36b(1); 1925, c. 88, §34.]

§26. Power Wires and Cables in Shafts or Manway Compartments.—All power wires and cables in hoisting shafts or manway compartments shall be properly insulated, substantially fixed and well protected.[1915, c. 10, §51; Code 1923, c. 15H, §36b(1); 1925, c. 88, §35.]

§27. Electric Haulage; When Permitted.—Any mine worked by safety or approved electric lamps shall work electric haulage locomotives operated from trolley wire upon the intake air way fresh from the outside; except where permission is granted by the chief of the state department of mines, such mine may operate such locomotive on the return airways.[1915, c. 10, §52; Code 1923, c. 15H, §36b(1); 1925, c. 88, §36; 1927, c. 24; 1929, c. 16, §36.]

§28. Electric Coal-Cutting Machines; Persons in Charge Thereof; Examination.—In gaseous mines the chief of the department of mines may designate where flame proof electric coal-cutting machines shall be used. No man shall be placed in charge of a coal-cutting machine in any gaseous portion of a mine who is not a competent person, capable of determining the safety of the roof and the sides of the working places and detecting the presence of explosive gas. Machine runners shall be compelled to undergo an examination to determine their fitness to detect explosive gas before they are permitted to have charge of machines in mines liberating gas, unless they be accompanied by a certified fire boss, or a machine runner or helper having passed such an examination. Such examination shall be given by the mine foreman, and blank forms for the same shall be furnished by the department of mines. A copy shall be retained on file at the mine office and the original sent to the department of mines, fully made out and signed by the machine runner and mine foreman.[1915, c. 10, §53; Code 1923, c. 15H, §36b(2); 1925, c. 88, §37; 1929, c. 16, §37.]

§29. Same; Limit to Use in Gaseous Portion of Mine.—In any gaseous portion of a mine, a coal-cutting machine shall not be brought within the last break through next the working face until the machine man shall have made an inspection for gas in the place where the machine is to work, unless such examination is then made by some other competent person authorized or appointed for that purpose by the mine foreman. If any explosive gas is found in the place, the machine shall not be taken in until the gas is removed.[1915, c. 10, §54; Code 1923, c. 15H, §36b(2); 1925, c. 88, §38.]

§30. Same; Detection of Fire Damp; Cessation of Work.—In working places where gas is likely to be encountered, a safety lamp or other suitable apparatus for the detection of fire damp shall be provided for use with each machine when working, and should any indication of fire damp appear on the flame of the safety lamp, or other apparatus used for the detection of fire damp, the person in charge shall immediately stop the machine, cut off the current at the nearest switch, and report the matter to the mine foreman, or fire boss, and the machine shall not again be started in such place until the mine foreman, fire boss, or a person duly authorized by either, has examined it and pronounced it safe. All coal-cutting machines shall be provided with a box specially designed for carrying and protecting safety lamps.[1915, c. 10, §55; Code 1923, c. 15H, §36b(2); 1925, c. 88, §39.]

§31. Same; Periodic Examination for Gas.—No coal-cutting machine shall be continued in operation in a gaseous portion of a mine for a longer period than half an hour without an examination as above described being made for gas, and, if gas is found, the current shall at once be switched off the machine, and the trailing cable shall forthwith be disconnected from the power supply.[1915, c. 10, §56; Code 1923, c. 15H, §32b(2); 1925, c. 88, §40.]

§32. Same; Duties of Machine Men.—Machine runners and helpers shall use care while operating mining machines. They shall not permit any person to remain near the machine while it is in operation. They shall examine the roof of the working place and see that it is safe before starting to operate the machine. They shall not move the machine while the cutter chain is in motion.[1915, c. 10, §57; Code 1923, c. 15H, §36b(2); 1925, c. 88, §41.]

§33. Oil Used in Mines.—Only animal, vegetable or paraffine oil, or other oil as free from the evolution of smoke as a standard cottonseed oil when burned in a miner’s torch, shall be used in any open lamp or torch for illuminating purposes in any coal mine in this State. Kerosene and blackstrap oil, or a mixture of kerosene and blackstrap, shall not be used in miners’ torches for illuminating purposes in any coal mine in this State: Provided, That a mixture of mineral oil (other than blackstrap oil) and vegetable oil can be used upon machinery used as motive power to haul coal in any mine in this State, and a mixture of mineral and vegetable oil can be used for all stationary lights.(1901, c. 31, §1; Code 1923, c. 15H, §37.)

§34. Oil Tests.—A standard cottonseed oil shall have the following test: (a) It shall be free from mineral oils or mineral oil compounds; (b) It shall be tested in a glass tube one and one-half inches in diameter by eight inches deep, and the oil shall be at a temperature of sixty degrees Fahrenheit when the test is made, and shall not exceed twenty-four degrees Tagliabue hydrometer.(1901, c. 31, §2; Code 1923, c. 15H, §38.)

§35. Heating Oil for Test.—If the oil to be tested is below forty-five degrees Fahrenheit temperature, it shall be slowly heated until it reaches eighty-five degrees temperature. Should the oil be above forty-five degrees temperature and below sixty-five degrees, it shall be heated to seventy degrees, when, in either case, it must be well shaken and allowed to cool gradually to a temperature of sixty degrees, when the test shall be made.(1901, c. 31, §3; Code 1923, c. 15H, §39.)

§36. Reading of Hydrometer.—In testing the gravity of oil the hydrometer shall be, when possible, read from below, and the last line which appears under the surface of the oil shall be regarded as the true reading.(1901, c. 31, §4; Code 1923, c. 15H, §40.)

§37. Allowance for Error.—Where the oil a is tested in difficult circumstances an allowance of one-half of one degree may be made for error or parallax.(1901, c. 31, §5; Code 1923, c. 15H, §41.)

§38. Branding Oil Barrels and Containers.—All oil sold to be used for illuminating purposes in the mines of this State shall be contained in barrels, casks or packages, branded conspicuously with the name and address of the manufacturer of such oil, the specific gravity of the same and the date of shipment.(1901, c. 31, §6; Code 1923, c. 15H, §42.)

§39. Sale of Oil Not Complying with Test; Penalty.—Any person, firm or corporation, either by itself or an agent or employee, which shall sell or offer for sale for illuminating purposes in any mine in this State any oil or any mixture or compound of oils which does not comply with the tests as prescribed in section thirty-four of this article shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five nor more than one hundred dollars for each offense.(1901, c. 37, §7; Code 1923, c. 15H, §43.)

§40. Use of Oil Not Complying With Test; Penalty.—Any miner, or employee in any mine, or employee of any mine operator or mine owner, who shall knowingly use or permit to be used for illuminating purposes in any mine in this State any oil other than that prescribed in section thirty-three of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than five nor more than twenty-five dollars for each offense; and, in default of payment of such fine within twenty days from the day of conviction, shall be given a sentence in the county jail for a period of not less than ten nor more than sixty days.(1901, c. 31, §8; Code 1923, c. 15H, §44.)

§41. Oil Tests to be Made by Mine Inspector; Penalty for Refusing to Permit Same.—It shall be the duty of the district mine inspectors, wherever they have reason to believe that oil is being used, or sold or offered for sale, in violation of any of the provisions of this article relating to oil, to take samples of the same and have them tested under the direction of the chief mine inspector, and if they are found to be inferior to the quality prescribed by such provisions, the inspector shall make complaint to the prosecuting attorney of the county in which the offense is committed, who shall forthwith commence proceedings against the offender in any court of competent jurisdiction. Any miner, mine employee, firm, corporation or their agents, who shall refuse to permit the mine inspector to examine his or their oil used or sold for illuminating purposes in the coal mines in this State shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined five dollars or imprisoned in the county jail for not more than ten days for each offense.(1901, c. 31, §9; Code 1923, c. 15H, §45.)

§42. Fire Boss; When to be Employed; Qualifications.—It shall be the duty of every mine owner or operator in this State, whose mines are known to liberate fire damp or other dangerous gas or gases, to employ a fire boss, or bosses, if necessary, who shall be a citizen and resident of this State, and who shall hold a certificate of competency for such position issued to him by the department of mines, after taking an examination held by the department of mines under its rules and regulations. He shall have such knowledge of fire damp and other dangerous gases as to be able to detect the same with the use of safety lamps, and shall have a practical knowledge of the subject of the ventilation of mines and the machinery and appliances used for that purpose, and shall be a person with at least three years’ experience in mines liberating explosive gases.(1887, c. 50, §10; 1901, c. 106, §10; 1907, c. 78, §13; 1915, c. 10, §58; Code 1923, c. 15H, §36c; 1925, c. 88, §42.)

§43. Same; Duties.—It shall be the duty of the fire boss or bosses, where employed in such gaseous mines, to prepare a danger signal with red color at the mine entrance, and no person except the mine owner, operator or agent, and only then in case of necessity, shall pass beyond this danger signal until the mine has been examined by the fire boss and the same or certain parts thereof reported by him to be safe. It shall further be the duty of the fire boss or bosses to go into all the working places of such mine or mines, where gas is known to exist, or liable to exist, and carefully examine the same with a safety lamp, and do, or cause to be done, whatever may be necessary to remove from such working place or places all dangerous or noxious gases, and make the same safe for persons to enter therein as workmen. Such examination and removal of the gases shall begin within three hours before the time each shift commences work, and it shall be the duty of the fire boss at each examination to leave evidence of his presence at the face of every place examined, by plainly marking on a board at the face for that purpose the date of examination. If the mine is safe, he shall remove the danger signal at the mine entrance, or change the color thereof to safety, in order that the employees may enter such mine and begin work.(1887, c. 50, §10; 1901, c. 106, §10; 1907, c. 78, §13; 1915, c. 10, §59; Code 1923, c. 15H, §36c; 1925, c. 88, §43.)

§44. Same; Record of Condition of Mine.—The fire boss shall, upon having completed the examination of the mine before each shift, make a written record of the condition of the mine within a book having a form prescribed by the chief of the department of mines, which record shall at all times be kept at the mine, subject to the inspection of the district mine inspector or chief of the department of mines.(1907, c. 78, §13; 1915, c. 10, §60; Code 1923, c. 15H, §36c; 1925, c. 88, §44.)

§45. Same; No Superior Officers.—In the performance of the duties devolving upon the fire bosses they shall have no superior officers, but all the employees working inside of such mine or mines shall be subordinate to them in their particular work.(1901, c. 106, §10; 1907, c. 78, §13; 1915, c. 10, §61; Code 1923, c. 15H, §36c; 1925, c. 88, §45.)

§46. Unlawful to Enter Mine Until Fire Boss Reports It Safe; Exception; Penalty.—It shall be unlawful for any person to enter such mine or mines for any purpose at the beginning of work upon each shift therein until such signal or warning has been given by the fire boss or bosses on the outside of the mine or mines as to the safety thereof, as by statute provided, except under the direction of the fire boss or bosses, and then for the purpose of assisting in making the mine safe. Each person who shall enter such mine, except as aforesaid, before such notice or signal has been given, or any operator, agent or fire boss who shall violate the provisions of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall suffer the penalties hereinafter provided.(1887, c. 50, §10; 1901, c. 106, §10; 1907, c. 78, §13; 1915, c. 10, §62; Code 1923, c. 15H, §36c; 1925, c. 88, §46.)

§47. Mine Foreman; When to be Employed; Qualifications; Assistants.—In every coal mine where five or more persons are employed in a period of twenty-four hours, the operator or agent shall employ a competent and practical inside overseer, to be called mine foreman, who shall be a citizen and resident of this State, having had at least five years’ experience in the working, ventilation and drainage of coal mines, and who shall hold a certificate of competency for such position, issued to him by the department of mines, after taking an examination held by the department of mines under its rules and regulations. In mines in which the operations are so extensive that all the duties devolving upon the mine foreman cannot be discharged by one man, competent, persons having had at least three years’ experience in coal mines may be designated and appointed as assistants, who shall act under the mine foreman’s instructions, and shall be responsible for their conduct in the discharge of their duties under such designation or employment.(1883, c. 70, §6; 1887, c. 50, §11; 1901, c. 106, §11; 1907, c. 78, §§15, 27; 1915, c. 10, §§63, 86; Code 1923, c. 15H, §§36d(1), 36e(5); 1925, c. 88, §§47, 70.)

§48. Same; Duties; Ventilation; Loose Coal, Slate or Rock; Props; Drainage of Water.—The duties of the mine foreman shall be to keep a careful watch over the ventilating apparatus, the airways, traveling ways, pumps and drainage. He shall see that as the miners advance their excavations proper breakthroughs are made as required by law to properly ventilate the mine; that all loose coal, slate and rock overhead in the working places and along the haulways are removed or carefully secured so as to prevent danger to persons employed in such mines; and that sufficient props, caps and timbers, as nearly as possible of suitable dimensions, are furnished for the places where they are to be used, and such props, caps and timbers shall be delivered and placed at such points as the rules for the government of each mine provides for them to be delivered. The mine foreman shall have all water drained or hauled out of the working places, where practicable, before the miners enter, and such working places kept dry as far as practicable while the miners are at work. It shall be the duty of the mine foreman to see that the cross cuts are made as required by law, and that the ventilation is conducted by means of such cross cuts through the rooms by means of check doors placed on the entries or other suitable places, and he shall not permit any room to be opened in advance of the ventilating current. The mine foreman shall measure the air current with an anemometer at least twice each month at the inlet and outlet and at or near the faces of the advanced headings, and shall keep a record of such measurements in a book having a form prescribed by the chief of the department of mines. Sign boards directing the way to outlets or escapeways shall be conspicuously placed throughout the mine.(1883, c. 50, §6; 1887, c. 50, §11; 1901, c. 106, §11; 1907, c. 78, §15; 1915, c. 10, §64; Code 1923, c. 15H, §36d(2); 1925, c. 88, §48.)

§49. Same; Refuge Holes.—The mine foreman shall require that all slopes, engine planes and haulage roads used by any persons in the a mine shall be made of sufficient width to permit persons to pass moving cars with safety; or refuge holes shall be made on one side of such haulage road not less than five feet in width, nor less than four feet in depth, and on a level with the road. The refuge holes shall be not more than eighty feet apart, and shall be kept free from obstructions. The roof and sides thereof shall be made secure and kept whitewashed at all times.(1887, c. 50, §9; m 1907 c. 78, §10; 1915, c. 10, §65; Code 1923, c. 15H, §36d(2); 1925, c. 88, §49.)

§50. Same; Signals on Haulways; Lights at Mouth and Bottom of Shaft; Operation of Cages.—On all haulways, where hauling is done by machinery of any kind, the mine foreman shall provide a proper system of signals, and a conspicuous light on the front and rear of every trip or train of cars when in motion in a mine. When hoisting or lowering of men occurs in the morning before daylight, or in the evening after darkness, at any mine operated by shaft, the mine foreman shall provide and maintain at the shaft mouth a light of a stationary character sufficient to show the landing and all surrounding objects distinctly, and sufficient light of a stationary character shall be located at the bottom of the shaft so that persons coming to the bottom may clearly discern the cages and other objects contiguous thereto. The mine foreman shall require that no cages on which men are riding shall be lifted or lowered at a rate of speed greater than six hundred feet per minute, and that no mine cars, either empty or loaded, shall be hoisted while men are being lowered or hoisted, and no cage having an unstable self dump platform shall be used for the carrying of workmen unless the same is provided with some device by which it may be securely locked when men are being hoisted or lowered into the mine.(1901, c. 106, §11; 1907, c. 78, §15; 1915, c. 10, §66; Code 1923, c. 15H, §36d(2); 1925, c. 88, §50.)

§51. Same; Bore Holes.—It shall further be the duty of the mine foreman to have bore holes kept, not less than twelve feet in advance of the face, and, where necessary, on sides of the working places that are being driven toward, and in dangerous proximity to, an abandoned mine or part of mine suspected of containing inflammable gases or which is filled with water.(1887, c. 50, §11; 1901, c. 106, §11; 1907, c. 78, §15; 1915, c. 10, §67; Code 1923, c. 15H, §36d(2); 1925, c. 88, §51.)

§52. Same; Instruction of Employees.—It shall be the duty of the mine foreman, or the assistant mine foreman, of every coal mine in this State, to see that every person employed to work in such mine shall, before beginning to work therein, be instructed in the particular danger incident to his work in such mine, and furnished a copy of the mining law and rules of such mine. Every inexperienced person so employed shall work under the direction of the mine foreman, his assistant, or such other experienced worker as may be designated by the mine foreman or assistant, until he is familiar with the danger incident to his work.(1907, c. 78, §8; 1915, c. 10, §68; Code 1923, c. 15H, §36d(2); 1925, c. 88, §52.)

§53. Same; Daily Inspection of Working Places.—The mine foreman or his assistants shall visit and carefully examine each working place in the mine each day while the miners of such places are at work, and shall direct that each working place shall be secured by props or timbers where necessary, to the end that the working places shall be made safe. Should the mine foreman or his assistants find a place to be in a dangerous condition, they shall not leave the place until it is made safe, or remove the persons working therein until the place is made safe by some competent persons designated for that purpose.(1887, c. 50, §11; 1901, c. 106, §11; 1907, c. 78, §15; 1915, c. 10, §69; Code 1923, c. 15H, §36d(2); 1925, c. 88, §53.)

§54. Same; Protection Against Explosive Gas; Fencing Dangerous Places.—The mine foreman shall see that every mine liberating explosive gas is kept free of standing gas in all working places and roadways. Any accumulation of explosive or noxious gases in the worked out or abandoned portions of any mine shall be removed as soon as possible after its discovery, if it is practicable to remove it. All places in live sections that are temporarily abandoned shall be examined as live workings by the fire boss on regular inspections. No person who may be endangered by the presence of such explosives or noxious gases shall be allowed in that portion of the mine until such gases have been removed. The mine foreman shall direct and see that all dangerous places and the entrance or entrances to worked out and abandoned places in all mines are properly fenced off across the openings, so that no person can enter, and that danger signals are posted upon such fencing to warn persons of the existing danger.(1915, c. 10, §70; Code 1923, c. 15H, §36d(2); 1925, c. 88, §54.)

§55. Same; Ascertainment, Record and Removal of all Dangers.—The mine foreman shall give prompt attention to the removal of all dangers reported to him by his assistants, the fire boss, or any other person working in the mine, and in case it is impracticable to remove the danger at once, he shall notify every person whose safety is menaced thereby to remain away from the portion where the dangerous condition exists. He or his assistants shall, at least once each week, travel and examine all the air courses, roads and openings that give access to old workings or falls, and make a record of the condition of all places where danger has been found, with ink, in the book provided for that purpose.(1915, c. 10, §71; Code 1923, c. 15H, §36d(2); 1925, c. 88, §55.)

§56. Same; Duty to Notify Operator When Unable to Comply with Law; Duty of Operator; Penalty.—The mine foreman shall notify, in writing, the operator or agent of the mine of his inability to comply with any of the requirements of these sections, and it shall then become the duty of the operator or agent to at once attend to the matter complained of by the mine foreman so as to enable him to comply with the provisions hereof if practicable. If any operator of a mine shall in any manner refuse to furnish all supplies necessary for the mine foreman to comply with the requirements of this article, after being requested so to do in writing by the mine foreman, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined as hereinafter provided.(1887, c. 50, §11; 1901, c. 106, §11; 1907, c. 78, §15; 1915, c. 10, §§39, 72; Code 1923, c. 15H, §§31, 36d(2); 1925, c. 88, §56.)

§57. Same; Examination of Reports of Fire Boss.—The mine foreman shall also, each day, read carefully and countersign with ink all reports entered in the record book of the fire bosses.(1915, c. 10, §73; Code 1923, c. 15H, §36d(2); 1925, c. 88, §57.)

§58. Death or Resignation of Mine Foreman; Successor.—In case of the death or resignation of a mine foreman, the superintendent or manager shall appoint a certified man, if one be available; and if not, he may temporarily appoint any other competent man who may serve with the approval of the chief of the department of mines until the next examination. He shall, while acting as mine foreman, be liable to the same penalty as the mine foreman for any violations of this article.(1915, c. 10, §74; Code 1923, c. 15H, §36d(3); 1925, c. 88, §58.)

§59. Examination by Miner of Roof and Condition of Working Place.—Every miner shall thoroughly examine the roof and general conditions of his working place before commencing work, and if he finds loose rock or other dangerous conditions, he shall not commence work in such place until it has been made safe, or unless it be for the purpose of making such place safe.(1915, c. 10, §76; Code 1923, c. 15H, §36e(1); 1925, c. 88, §60.)

§60. Props, Timbers and Cap Pieces.—Every workman in want of props, cap pieces and timbers shall notify the mine foreman, or such other person as may be designated for that purpose, at least one day in advance, giving the approximate length and number of props or timbers and cap pieces he requires; but in case of an emergency the timbers may be ordered immediately upon discovery of any danger, and it shall be the duty of each miner to properly prop and secure his place in order to make the same secure for him to work therein.(1887, c. 50, §11; 1901, c. 106, §11; 1907, c. 78, §15; 1915, c. 10, §77; Code 1923, c. 15H, §36e(1); 1925, c. 88, §61.)

§61. Motormen and Trip Riders; Duties.—Motormen and trip riders shall use care in handling locomotives and cars. It shall be their duty to see that there is a conspicuous light on the front and rear of each trip or train of cars when in motion. They shall not permit any person or persons to ride on locomotives or loaded cars unless granted permission by the mine foreman.(1915, c. 10, §82; Code 1923, c. 15H, §36e(1); 1925, c. 88, §65.)

§62. Who May Ride on Mine Car.—No person, except the persons necessary to operate the trip or car, shall ride on any loaded car or on the outside of any car, or get on or off a car while in motion.(1915, c. 10, §81; Code 1923, c. 15H, §36e(1); 1925, c. 88, §64.)

§63. Explosives; Quantity and How Taken Into Mine.—No miner or other employee shall take into any mine in this State any larger quantity of powder or other explosive than he may reasonably expect to use in any one shift. All powder shall be carried into the mine in a metallic canister or fiber receptacle, of a capacity not to exceed five pounds, which shall be properly closed with an approved top.(1901, c. 106, §10; 1907, c. 78, §11; 1915, c. 10, §75; Code 1923, c. 15H, §36e(1); 1925, c. 88, §59.)

§64. Same; Preparation for Shots; Hauling Explosives into Mine.—In no case shall more than one kind of explosive be used in the same drill hole, and every blasting hole shall be tamped, except as is necessary to accomplish cushion blasting, full from the explosive to the mouth, and no coal dust or inflammable material shall be used for tamping. Cushion blasting shall not be allowed in any case unless written permission is granted by the department of mines. Dynamite shall not be used in blasting coal. No fuses shall be used unless permission is granted by the mine foreman, and in no case shall fuses be used of less length than the drill hole.

Where permissible explosives are used the detonators and explosives shall be kept separate; and no black powder, high explosives or detonators shall be hauled on any trip operated by electric haulage motors, unless inclosed in nonconducting boxes approved by the district inspector.

Trips hauling explosives shall not carry workmen other than those operating the trip, and explosives shall not be hauled into or out of the mine within five minutes preceding or following any trips in which men are handled; and when traveling with air current, the explosive trip shall precede; if against the air current, the man trip shall precede.(1915, c. 10, §80; Code 1923, c. 15H, 36e(1); 1925, c. 88, §63.)

§65. Same; Firing Shots.—No shots shall be fired in any place known to liberate explosive gas until such place has been properly examined by a competent person who is designated for that purpose, and no shots shall be fired in any place where gas is detected until such gas has been removed by means of ventilation. No person shall fire more than one shot at a time, and after firing such shot he shall not return to the working place until the smoke has cleared away; and before starting to work he shall make a careful examination as to the condition of the roof, and do what is necessary to make the place safe before beginning to load coal.(1915, c. 10, §§78, 79; Code 1923, c. 15H, §36e(1); 1925, c. 88, §62.)

§66. Solid Shooting; Permit; Offense.—In any mine in which solid shooting is done the district mine inspector is authorized to prescribe the condition under which such solid shooting may be done. Any operator or mine foreman who causes or permits any solid shooting to be done therein without first having obtained a written permit from the district inspector, or any miner therein who shoots coal from the solid without first having obtained permission so to do from the operator or mine foreman, shall be guilty of a misdemeanor, and, upon conviction, shall be fined as hereinafter provided.(1907, c. 78, §23; 1915, c. 10, §36; Code 1923, c. 15H, §28; 1925, c. 88, §23.)

§67. Magazines for Storing Explosives.—All magazines used for storing powder or other explosives in greater quantities than an estimated daily supply shall be located not less than three hundred feet from any mine opening or building used or occupied by any person or persons; and the outside construction of such magazines shall be of noncombustible material.(1915, c. 10, §45; Code 1923, c. 15H, §36a(1); 1925, c. 88, §30.)

§68. Explosion or Accident; Investigation by Mine Inspector; Inquest.—Whenever, by reason of any explosion or other accident in or about any coal mine, or the machinery connected therewith, loss of life or serious personal injury shall occur, it shall be the duty of the superintendent of the mine, and, in his absence, of the mine foreman in charge of the mine, to give notice forthwith to the chief of the department of mines and the inspector of the district, stating the particulars of such accident; and, if anyone is killed thereby, to the coroner of the county also, or in his absence or inability to act, to any justice of the peace. Such inspector shall, if he deems it necessary from the facts reported, immediately go to the scene of such accident and make such suggestions and render such assistance as he may deem necessary for the future safety of the men, and investigate the cause of such explosion or accident and make a record thereof which he shall preserve with the other records of his office; and to enable him to make such investigations, he shall have the power to compel the attendance of witnesses and to administer oaths or affirmations. The costs of such investigation shall be paid by the county in which the accident occurred in the same manner as the costs of the coroner’s inquest are now paid. If the coroner or justice shall determine to hold an inquest upon the body of any person killed as aforesaid, he shall impanel a jury, no one of whom shall be directly or indirectly interested. The chief of the department of mines or the district inspector, if present at such inquest, shall have the right to appear and testify and to offer any testimony that may be relevant and to question and cross-question any witness; and the coroner or justice shall deliver to the inspector a copy of the testimony and verdict of the jury.(1887, c. 50, §15; 1907, c. 78, §20; 1915, c. 10, §43; Code 1923, c. 15H, §35; 1925, c. 88, §28.)

§69. Written Report of Accidents.—Whenever any accident occurs in or about any coal mine to any employee or person connected with the mining operation, resulting in personal injury or death, the operator or agent shall, within twenty-four hours after the happening of such accident, report the same to the chief of the department of mines and to the district mine inspector of the district in which the accident occurs, in writing, giving full details thereof upon forms prescribed and furnished by the department of mines.(1915, c. 10, §83; Code 1923, c. 15H, §36e(2); 1925, c. 88, §66.)

§70. Fire in or About Mine; Notification of Chief or District Mine Inspector.—The operator, agent or mine foreman shall, upon the discovery of fire in or about any mine, immediately notify the chief of the department of mines and the district mine inspector in whose district the mine is located.(1925, c. 88, §67.)

§71. Permitting Work in Violation of Written Instructions of Mine Inspector.—Any operator, agent, superintendent or mine foreman, having in charge any mine, who shall knowingly permit any person to work in any part of a mine in violation of written instructions issued by the mine inspector, made in compliance with the requirements of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined as hereinafter provided.(1907, c. 78, §22; 1915, c. 10, §35; Code 1923, c. 15H, §27; 1925, c. 88, §68.)

§72. Special Rules by Operator; Effect.—The operator of every mine in this State shall adopt special rules for the government and operation of his mine or mines, covering all the work pertaining thereto in and outside of the same, which, however, shall not be in conflict with the provisions of the mining laws of this State. Such rules, when established, shall be printed on cardboard, in the languages spoken by ten or more employees, and shall be posted in the drum house, tipple or some other conspicuous place about the mines where the same may be seen and observed by all employees at such mines. When such rules are so posted, they shall operate as a notice to all employees at such mine of their acceptance of the contents thereof. It shall be the duty of each mine operator to furnish a printed copy of such rules to each of his employees when requested by either or any of them.(1901, c. 106, §20; 1907, c. 78, §25; 1915, c. 10, §38; Code 1923, c. 15H, §30; 1925, c. 88, §25.)

§73. Weighing and Measuring Coal; Appliances; Testing Correctness Thereof.—It shall be the duty of every corporation, company or person, engaged in the business of mining and selling coal by weight or measure, to procure and constantly keep on hand, at the proper place, the necessary scales and measures and whatever else may be necessary to correctly weigh and measure the coal as mined by such corporation, company or person.

It shall be the duty of the sealer of weights and measures for every county in which coal is so mined and sold to visit each coal mine operated therein, and where such scales and measures are kept, at least once in each year, and test the correctness of such scales and measures. The owner or operator of such coal mine, or any two or more of the miners working therein, may in writing require his attendance at the place where such scales and measures are kept, at other times, in order to test the correctness thereof, and it shall be his duty to comply with such request as soon as he can after receiving the same.

If in any such county there be no sealer of weights and measures, the duties herein required to be done and performed by such sealer shall be done and performed by the inspector of mines for the district of which such county forms a part. In any county in which the mine inspector is required so to act, the county court of such county shall furnish him with whatever is necessary to enable him to discharge his duties, if such court has procured the weights and measures and balances provided for by article one, chapter forty-seven of this Code; and if not, the state sealer of weights and measures shall furnish him with whatever may be necessary to enable him to discharge the duties required of him. The things so furnished him, in either case, shall be returned by him to the person from whom he received them as soon as possible after he has performed the duties for which he received them. It shall be the duty of every corporation, company or person so engaged in the business of mining coal to procure and constantly keep on hand a sealed weight of at least fifty pounds, and a sealed measure of at least one bushel, to be used for the purposes herein set forth.(1891, c. 82, §§1, 5; Code 1923, c, 15H, §§47, 51.)

§74. Marking and Weighing Car Used in Hauling Coal.—Each car used by any such corporation, company or person in removing coal from any coal mine shall be numbered by consecutive numbers plainly marked, and placed and kept thereon as long as such car is so used. And if the coal from such mine is mined, and the miners are paid according to the weight thereof for mining the same, every such car so used shall be weighed upon such tested scales, and the weight thereof shall be plainly marked and placed thereon as long as such car shall be used as aforesaid. If the coal at any such mine is mined, and the miners thereof are paid for mining the same by measure, the number of bushels of coal such car will hold when loaded to its capacity shall also be plainly marked, and placed and kept thereon as long as such car is so used as aforesaid. And no car shall be used for the purpose aforesaid until the provisions of this section are complied with.(1891, c. 82, §2; Code 1923, c. 15H, §48.)

§75. Weighing Coal in Car Before Screening; Payment for Coal.—All coal so mined and paid for by weight shall be weighed in the car in which it is removed from the mine before it is screened, and shall be paid for according to the weight so ascertained, at such price per ton as may be agreed on by such owner or operator and the miners who mined the same. And coal mined and paid for by measure shall be paid for according to the number of bushels marked upon each car in which it is removed from the mine, and before it is screened, and the price paid for each bushel so ascertained shall be such as may be agreed on as aforesaid.(1891, c. 82, §3; Code 1923, c. 15H, §49.)

§76. Weighman; Checkweighman; Employment; Oath.—Every such corporation, company or person shall employ a weighman, and the miners working in any such coal mine may employ a checkweighman as provided in section eight, article five, chapter twenty-one of this Code, and the two so employed shall supervise the weighing of each car while empty, and the weighing of the same when loaded with coal so paid for by weight, and the measuring of the number of bushels therein, when necessary, so paid for by measure. Where such checkweighman is employed by the miners working at such mine, the corporation, company or person operating the same shall furnish such checkweighman with a check or number and pay him for all coal placed to his check or number the same per ton as is paid to the miners. If the miners fail to employ such checkweighman, then the person so employed by such corporation, company or person shall perform that duty. Each of the persons so employed, before entering upon the discharge of the duties of his employment, shall take and subscribe an oath or affirmation that he will honestly and impartially do and perform the duties of his employment, and do equal and exact justice between employers and employees interested in the matter of his employment, to the best of his judgment, skill and ability.

Where the weighman is mutually selected by the consent of a majority of the miners working in any mine and the operator or agent of said company, it shall not be considered necessary to employ a checkweighman, but at any time that either of the parties to said agreement shall become dissatisfied with said weighman, they may dismiss him on ten days’ notice, or the miners may employ a checkweighman.(1891, c. 82, §4; 1901, c. 20, §§2, 4; Code 1923, c. 15H, §§50, 56, 58.)

§77. Offenses and Penalties Relative to Coal Weighing and Measuring.—Any corporation, company or person violating any of the provisions of the four next preceding sections shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for each offense, be fined not less than twenty-five nor more than five hundred dollars. And the officer, agent or employee of the corporation or company whose duty it was to do or perform the act, or cause it to be done and performed, which is the subject of the indictment, may be indicted jointly with the corporation or company, and upon conviction thereof, in the discretion of the court, he may be imprisoned in the county jail not less than ten nor more than sixty days.(1891, c. 82, §6; Code 1923, c. 15H, §52.)

§78. Mines Subject to Weighing and Measuring Provisions.—None of the provisions of the five next preceding sections, except those relating to checkweighmen, shall apply to any corporation, company or person owning or operating a coal mine in which fewer than ten miners are employed.(1891, c. 82, §7; Code 1923, c. 15H, §53.)

§79. Drainage From Mine to be Free From Pollution.—Every mine and coal washery from which water is discharged or drained into any stream, watercourse or water in this State shall be kept in a sanitary condition, and such water, while in the mine and on the premises of the mine owner or operator, shall be kept free from pollution by human or animal excrement or substance deleterious to health. The state department of health, its agents and employees, shall, at all seasonable times, have authority to enter upon the premises and into any such mine in order to see that the same is kept in a sanitary condition and that the waters draining therefrom are free from such objectionable substance; and the state department of health shall have authority to prevent any mine owner or mine operator who fails to comply with the provisions of this section from draining or discharging water from his or its mine into any stream, watercourse or water in this State.(1915, 2nd Ex. Sess., c. 5; 1921, c. 116, §20; Code 1923, c. 62, §20; 1929, c. 13, §69.)

§80. Intimidation of Workmen.—No person or persons, or combination of persons, shall, by force, threats, menaces or intimidations of any kind, prevent or attempt to prevent from working in or about any mine any person or persons who have the lawful right to work in or about the same, and who desire so to work; but this provision shall not be so construed as to prevent any two or more persons from associating together under the name of knights of labor, or any other name they may desire, for any lawful purpose, or for using moral suasion or lawful argument to induce any one not to work in and about any mine.(1887, c. 50, §14; 1890, c. 9, §14; 1907, c. 78, §19; 1915, c. 10, §42; Code 1923, c. 15H, §34; 1925, c. 88, §27.)

§81. Annual Report by Operator of Mine; Owner’s Report in Case of Sale.—The operator or agent of every coal mine shall annually, during the month of January, mail or deliver to the chief of the department of mines a report for the preceding twelve months, ending with the thirty-first day of December. Such report shall state the names of the operators and officers of the mine, the quantity of coal mined, and such other information, not of a private nature, as may from time to time be required by the chief of the department of mines. Blank forms of such reports shall be furnished by the chief of the department of mines. Whenever any person, company or corporation operating a coal mine shall transfer the ownership of any mine to another person, company or corporation, the person, company or corporation transferring such ownership shall, within thirty days, make a report to the chief of the department of mines of such change, and a statement of the tons of coal produced since the first of January last previous to the date of such sale or transfer of such mine or mines.(1887, c. 50, §16; 1907, c. 78, §21; 1915, c. 10, §34; Code 1923, c. 15H, §26; 1925, c. 88, §22.)

§82. Offenses; Penalties; Jurisdiction.—Any inspector, person, company or corporation, or any mine superintendent, manager, engineer, mine foreman, agent or employee, who is charged with the making of maps or other data to be furnished the department of mines, as provided in sections two and three of this article, and who does not correctly show the data required, or knowingly makes any false statement or return in connection therewith, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than two hundred dollars, in the discretion of the court.

Any chief of the department of mines, any mine inspector, or any operator, mine super intendent, general manager, mine foreman, or other employee of any coal company, or any other person, who violates any of the provisions contained in sections four to eighty-one, inclusive, of this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall, unless a different penalty is expressly provided, be fined not less than ten nor more than five hundred dollars, or be imprisoned in the county jail not less than ten days nor more than one year, in the discretion of the court.

In all prosecutions under this article, the circuit court, criminal court, intermediate court having criminal jurisdiction, and justices of the peace, shall have concurrent jurisdiction, with the right of appeal.(1907, c. 78, §26; 1915, c. 10, §87; Code 1923, c. 15H, §36e(5); 1925, c. 88, §71.)

§1. Inspector.—The chief of the department of mines shall, with the consent of the governor, appoint an inspector of sand mines, sand pits, clay mines, clay pits, quarries and cement works, in addition to the district mine inspectors now provided for by law. Such inspector shall be a man who has had practical experience in the operation of sand mines, sand pits, clay mines, clay pits, crushers and quarries, and in the use of explosives in sand mining and quarrying operations. Such inspector shall rank as a mine inspector, shall receive the compensation provided for mine inspectors, and shall be subject to all the requirements of sections eight and nine of article one of this chapter, except that such inspector shall not be required to have the knowledge of and experience in coal mining operations required of mine inspectors.(1917, c. 20, §1; Code 1923, c. 15H, §94.)

§2. Mining Laws Applicable.—All provisions of the mining laws of this State intended to safeguard life and property shall extend to the operation of sand mines, sand pits, clay mines, clay pits, quarries and cement works, in so far as such laws are applicable thereto; and the chief of the department of mines shall make and enforce under said laws such rules and regulations as may be necessary to secure safe and sanitary working conditions in such sand mines, sand pits, clay mines, clay pits, quarries and cement works.(1917, c. 20, §2; Code 1923, c. 15H, §95.)

§1. Definitions.—The term “well,” when used in this article, means a bore hole drilled or proposed to be drilled for the purpose of producing natural gas or petroleum, or through which natural gas or petroleum is being produced; the term “owner,” when used with reference to any such well, shall include any person or persons, firm, partnership, partnership association or corporation that owns, manages, operates, controls or possesses such well as principal, or as lessee or contractor, employee or agent of such principal; the term “well operator” shall include any person or persons, firm, partnership, partnership association or corporation that proposes to or does locate, drill, operate or abandon any well as herein defined; the term “coal operator” shall include any person or persons, firm, partnership, partnership association or corporation that proposes to or does operate a coal mine; the term “department” or “department of mines” includes the duly constituted authorities under the laws of this State having jurisdiction over coal mining operations; the term “plat” means a map, drawing or print showing the location of a well or wells as herein defined; the term “casing” means a string or strings of pipe commonly placed in wells drilled for natural gas and petroleum; the terms “oil” and “gas” are synonyms for petroleum and natural gas respectively; the term “cement” means hydraulic cement properly mixed with water only; the term “workable coal bed” means a coal bed in fact being operated commercially, or which, in the judgment of the department of mines, can, and that it is reasonably to be expected will, be so operated, and which, when operated, will require protection if wells are drilled through it.(1897, c. 58, §5; Code 1923, c. 62D, §5; 1929, c. 86, §1.)

§2. When Well Operator to File Plat as Prerequisite to Drilling; Contents; Notice.—Before drilling for oil or gas on any tract of land known to be underlaid with one or more workable beds of coal, the well operator shall have a plat prepared by a competent engineer showing the district and county in which the tract of land is located, the name and acreage of the same, the names of the owners of adjacent tracts, the proposed location of the well determined by survey, the courses and distances of such location from two permanent points or landmarks on said tract and the number to be given the well, and shall forward by registered mail a copy of the plat to the department of mines and copies to each and every coal operator, if any, operating said beds of coal beneath said tract of land, or within five hundred feet of the boundaries of the same, who has mapped the same and filed his maps as required by law. With each of such plats there shall be enclosed a notice (form for which shall be furnished on request by the department of mines) addressed to the department of mines and to each such coal operator at their respective addresses, informing them that such plat and notice are being mailed to them respectively by registered mail, pursuant to the requirements of this article. If no objections are made to such proposed location within ten days from receipt of such plat and notice by the department of mines, the same shall be filed and become a permanent record of such location, subject to inspection at any time by any interested person. The notice above provided for may be given to the coal operator by delivering or mailing it as above to any agent or superintendent in actual charge of mines.(1929, c. 86, §2.)

§3. Drilling Permit; Agreed Location of Well; Location Fixed by Department of Mines; Exceptions Thereto; Docket of Proceedings.—In case any such location is made above or in close proximity to any mine opening or shaft, entry, traveling, air, haulage, drainage or other passage-way, or to any proposed extension thereof, in any operated or abandoned or operating coal mine, or coal mine already surveyed and platted, but not yet being operated, so that the well or the pillar of coal about the well necessary to the protection of the mine and of the well itself when drilled will interfere with or endanger the use of such mine opening, entries or ways, then the coal operator or operators affected may, and shall, if the drilling of a well at such proposed location will cause a dangerous condition in their mine or mines, within ten days from the receipt of such plat or notice by the department of mines, file objections in writing (forms for which will be furnished by the department on request) to such proposed location with the department of mines, setting out therein as definitely as is reasonably possible the ground or grounds on which such objections are based and indicating the direction and distance from the location shown the proposed well should be drilled to overcome such objections. If no such objections be filed, or be found, by the department of mines, within said period of ten days, to such proposed location, the department shall forthwith issue to the well operator a drilling permit reciting the filing of such plat, that no objections have been made by the coal operators to the location, or found thereto by the department, and that the same is approved and the well operator authorized to proceed to drill at such location.

If any objection or objections are so filed by any coal operator or are made by the department of mines, the department shall notify the well operator of the character of the objections and by whom made and fix a time and place, not less than ten days from the end of said ten day period, at which such objections will be considered, of which time and place the well operator and all coal operators to whom a copy of such plat was mailed, whether objecting or not objecting to the proposed location, shall be given at least five days written notice by the department, by registered mail, and summoned to appear, bringing with them their maps and plans showing their mines and mine workings and prepared to approve or to except to such location or locations as the department may, after hearing, approve or itself fix in case no agreement is reached. At the time and place so fixed the well operator and the coal operators, or such of them as are present or represented, shall proceed to consider the objections and to agree upon either the location as made or so moved as to satisfy all objections and meet the approval of the department, and any change in the original location so agreed upon and approved by the department shall be indicated on said plat on file with, the department, and the distance and direction of the new location from the original location shall be shown, and, as so altered, the plat shall be filed and become a permanent record. Where upon the department shall forthwith issue to the well operator a drilling permit reciting the filing of said plat, that at a hearing duly held a location as shown thereon was agreed upon and approved, and that the well operator is authorized to drill at such location.

In case the well operator and the coal operator or such of the coal operators as are present or represented at such hearing are unable to agree upon a location, or upon a location that meets the approval of the department of mines, then the department shall fix a location on such tract of land as near to the original location as possible in a pillar of suitable size, through which the well can be drilled safely, taking into consideration the dangers from creep, squeeze, or other disturbance, due to the extraction of coal. Should no such pillar exist, however, the well may be located and drilled through open workings where, in the judgment of the department of mines, it is practicable and safe so to do, taking into consideration the dangers from creeps, squeezes or other disturbances. Such new location shall be indicated on the plat on file with the department as provided in the next preceding paragraph of this section, and the department shall forthwith tender to the well operator a permit to drill at such location, which permit the well operator may accept or refuse to accept, and if it accepts such drilling permit, the coal operator or operators having filed objections and appearing or being represented at such hearing, may except to such location and

to the issue of such drilling permit; and the well operator accepting the same may require the record of the hearing to show that it accepts such drilling permit at the location made by the department as a new or additional location and not in lieu of its original location, and that it reserves the right to appeal to the circuit court of the county in which its original location lies for relief, and that it accepts to the refusal of the department to approve such original location substantially as made.

The department of mines shall number and keep an index of and docket each plat and notice mailed to it as provided in section two of this article, entering in such docket the name of the well operator, names of the coal operators notified and their addresses, the date of receipt of any such plat and of all objections filed, dates of hearings and all actions taken by the department, permits issued or refused, which docket shall be open to inspection by the public, and, together with the papers filed, shall constitute the record of each such proceeding before the department.(1929, c. 86, §3.)

§4. Appeal by Coal Operator or Well Operator From Location Fixed or Approved by Department of Mines; Procedure.—Any coal operator excepting to any location fixed or approved by the department of mines or to the issuance of any drilling permit, and any well operator excepting to the refusal of the department to grant a drilling permit at the location shown in the plat mailed to the department as provided in section two of this article, or such location so shifted as to be still substantially the same or the equivalent thereof, may at any time within ten days of the taking of such action by the department of mines appeal to the circuit court of the county in which the location involved lies. The procedure shall be by petition and answer, duly verified, and naming the department as one of the respondents. There shall be attached to the petition or filed therewith a transcript of the record before the department and copies of all papers filed, and the petition shall briefly set forth the matter in controversy, the ruling of the department and the relief sought. The respondents shall be required to answer under oath within ten days after service of copies of the petition upon them, and the procedure shall be expedited, as far as is reasonably possible, having regard to possible drainage or loss of title by the well operator through its failure to complete a well within the period fixed by the terms of the lease under which it holds. The court may, by preliminary order, upon proper proof of the necessity therefor and the giving of proper security, stay the drilling of any well until a final decision on the appeal, and after a final hearing, at which any competent and relevant evidence may be introduced, may set aside any action or order of the department and enter such final order and decree as in its judgment is just and right and will best carry out the provisions of this article. From such final orders and decrees of the circuit court an appeal may be taken to the supreme court of appeals as now provided by law in proceedings in equity. During vacation periods or when for any reason the circuit court is not in session, such proceedings shall be before the judge of such court in vacation, or, in his absence, before the judge of an adjoining circuit, who may act until the return of the regular judge to his circuit, whereupon all further proceedings shall be had before the regular judge or circuit court having initial jurisdiction therein, and all proceedings in vacation shall be of like force and effect as if before the court in session.(1929, c. 86, §4.)

§5. Protective Devices When Well Penetrates Workable Coal Bed.—A well penetrating one or more workable coal beds shall be drilled to such depth, and of such size, as will permit a the placing of casing and packers in the hole at such points and in such manner as will exclude all oil, gas or gas pressure from the coal bed, except such as may be found in the coal bed itself. Each string of casing run in the hole shall be provided with a steel casing shoe or collar firmly fixed on the bottom of the string of casing. Each string of casing run through a workable bed of coal shall be seated, at least thirty feet below such coal bed, in twenty feet of cement, mud, clay or such other nonporous material as will make an effective seal. And after any such string of casing has been so seated, drilling may proceed forthwith to any required depth.(1929, c. 86, §5.)

§6. Protective Devices When Gas is Found Beneath or Between Workable Coal Beds.—In the event that gas is found beneath a workable coal bed before the hole has been reduced from the size it had at the coal bed, a packer shall be placed below the coal bed, and above the gas horizon, and the gas by this means diverted to the inside of the adjacent string of casing through perforations made in such casing, and through it passed to the surface without contact with the coal bed. Should gas be found between two workable beds of coal, in a hole, of the same diameter from bed to bed, two packers shall be placed, with perforations in the casing between them, permitting the gas to pass to the surface inside the adjacent casing. In either of the cases here specified, the strings of casing shall extend from their seats to the top of the well.(1929, c. 86, §6.)

§7. Continuance of Such Protective Device During Life of Well.—In the event that a well becomes productive of natural gas or petroleum, all coal-protecting strings of casing shall remain in place during the life of the well. During the life of the well the annular spaces between the various strings of casing adjacent to workable beds of coal shall be kept open, and the top ends of all such strings shall be provided with casing heads, or such other suitable devices as will permit the free passage of gas and prevent filling of such annular spaces with dirt or debris.(1929, c. 86, §7.)

§8. Protective Devices When Well is Drilled Through Horizon of Coal Bed From Which Coal Has Been Removed.—When a well is drilled through the horizon of a coal bed from which the coal has been removed, the hole shall be drilled at least thirty feet below the coal bed, of a size sufficient to permit the placing of a liner which shall start not less than twenty feet beneath the horizon of the coal bed and extend not less than twenty feet above it. Within this liner, which may be welded to the casing to be used, shall be centrally placed the largest sized casing to be used in the well, and the space between the liner and casing shall be filled with cement as they are lowered into the hole. Cement shall be placed in the bottom of the hole to a depth of twenty feet to form a sealed seat for both liner and casing. Following the setting of the liner, drilling shall proceed in the manner provided above. Should it be found necessary to drill through the horizon of two or more workable coal beds from which the coal has been removed, such liner shall be started not less than twenty feet below the lowest such horizon penetrated and shall extend to a point not less than twenty feet above the highest such horizon.(1929, c. 86, §8.)

§9. Plugging and Abandonment of Well, Notice of Intention; Affidavit Showing Time and Manner.—Prior to the abandonment of any well, the well operator shall notify, by registered mail, the coal operator or operators to whom notices are required to be given by section two of this article, and the department of mines, of its intention to plug and abandon any such well (using such form of notice as the department may provide), giving the number of the well and its location and fixing the time at which the work of plugging and filling will be commenced, which time shall be not less than five days after the day on which such notice so mailed is received or in due course should be received by the department of mines, in order that a representative or representatives of the coal operator and of the department, or of both, may be present at the plugging and filling of the well. Whether such representatives appear or do not appear, the well operator may proceed at the time fixed to plug and fill the well in the manner hereinafter described. When such plugging and filling have been completed, an affidavit, in triplicate, shall be made (on a form to be furnished by the department) by two experienced men who participated in the work, in which affidavit shall be set forth the time and manner in which the well was plugged and filled. One copy of this affidavit shall be retained by the well operator, another (or true copies of same) shall be mailed to the coal operator or operators, and the third to the department of mines.(1929, c. 86, §9.)

§10. Methods of Plugging Well.—Upon the abandonment or cessation of the operation of any well drilled for natural gas or petroleum, the well operator, at the time of such abandonment, or cessation, shall fill and plug the well in the following manner:

(a) Where the well does not penetrate workable coal beds, it shall either be filled with mud, clay or other nonporous material from the bottom of the well to a point twenty feet above the top of its lowest oil, gas or water-bearing stratum; or a permanent bridge shall be anchored thirty feet below its lowest oil, gas or water-bearing stratum, and from such bridge it shall be filled with mud, clay or other non porous material to a point twenty feet above such stratum; at this point there shall be placed a plug of cement or other suitable material which will completely seal the hole. Between this sealing plug and a point twenty feet above the next higher oil, gas or water-bearing stratum, the hole shall either be filled, or bridged and filled, in the manner just described; and at such point there shall be placed another plug of cement or other suitable material which will completely seal the hole. In like manner the hole shall be filled and plugged, or bridged, filled and plugged with reference to each of its oil, gas or water-bearing strata. However, whenever such strata are not widely separated and are free from water, they may be grouped and treated as a single sand, gas or petroleum horizon, and the aforesaid filling and plugging be performed as though there were but one horizon. After plugging of all oil, gas or water-bearing strata, as aforesaid, a final plug shall be anchored approximately ten feet below the bottom of the largest casing in the well; from this point to the surface the well shall be filled with mud, clay or other nonporous material. In case any of the oil or gas-bearing strata in a well shall have been shot, thereby creating cavities which cannot readily be filled in the manner above described, the well operator shall follow either of the following methods:

(1) Should the stratum which has been shot be the lowest one in the well, there shall be placed, at the nearest suitable point, but not less than twenty feet above the stratum, a plug of cement or other suitable material which will completely seal the hole. In the event, however, that the shooting has been done above one or more oil or gas-bearing strata in the well, plugging in the manner specified shall be done at the nearest suitable points, but not less than twenty feet below and above the stratum shot. Or (2), when such cavity shall be in the lowest oil or gas-bearing stratum in the well, a liner shall be placed which shall extend from below the stratum to a suitable point, but not less than twenty feet above the stratum in which shooting has been done. In the event, however, that the shooting has been done above one or more oil or gas-bearing strata in the well, the liner shall be so placed that it will extend not less than twenty feet above, nor less than twenty feet below, the stratum in which shooting has been done. Following the placing of the liner in the manner here specified, it shall be compactly filled with cement, mud, clay or other nonporous sealing material;

(b) Where the well has penetrated one or more workable coal beds, it shall be filled and securely plugged in the manner aforesaid, to a point forty feet below the lowest workable coal bed. If, in the judgment of the well operator, the coal operator and the department of mines, a permanent outlet to the surface is required, such outlet shall be provided in the following manner: A plug of cement, or other suitable material, shall be placed in the well at a suitable point, not less than thirty feet below the lowest workable coal bed. In this plug and passing through the center of it shall be securely fastened an open pipe not less than two inches in diameter, which shall extend to the surface. At or above the surface the pipe shall be provided with a device which will permit the free passage of gas, and prevent obstruction of the same. Following the setting of the cement plug and outlet pipe as aforesaid, the hole shall be filled with cement to a point twenty feet above the lowest workable coal bed. From this point the hole shall be filled with mud, clay or other nonporous material to a point thirty feet beneath the next overlying workable coal bed, if such there be, and the next succeeding fifty feet of the hole filled with cement, and similarly, in case there are more overlying workable coal beds. If, in the judgment of the well operator, the coal operator and the department of mines, no outlet to the surface is considered necessary, the plugging, filling and cementing shall be as last above described.(1891, c. 106, §2; 1897, c. 58, §2; Code 1923, c. 62D, §2; 1929, c. 86, §10.)

§11. When Coal Operator to File Maps and Plans as Prerequisite to Extension of Coal Operations; Petition for Leave to Conduct Operations Within Two Hundred Feet of Well; Proceedings Thereon.—Before hereafter removing any coal or other material, or driving any entry or passageway within less than five hundred feet of any well, and also before hereafter extending the workings in any coal mine beneath any tract of land on which wells are already drilled, or within five hundred feet of any well, or under any tract of land in visible possession by a well operator for the purpose of drilling for oil or gas, the coal operator shall forward, by registered mail, to, or file a copy of the parts of its maps and plans which it is required by law to prepare and file and bring to date, from time to time, showing its mine workings and projected mine workings beneath such tract of land and within five hundred feet of the outer boundaries thereof, simultaneously, with the well operator and the department of mines, accompanying each of said copies with a notice (form of which shall be furnished on request by the department of mines), addressed to the well operator and to the department of mines at their respective addresses, informing them that such plans or maps and notice are being mailed by registered mail to them, or are being filed and served upon them, respectively, pursuant to the requirements of section eleven of this article. Following the filing of such parts of said plans or maps as aforesaid, the coal operator may proceed with its mining operations in the manner and as projected on such plans or maps, but shall not remove any coal or other material or cut any passageway nearer than two hundred feet of any completed well, or well that is being drilled, or for the purpose of drilling which a derrick is being constructed, without the consent of the department of mines, and the coal operator shall, at least every six months, bring such plans or maps so filed with the department to date, or file new plans and maps complete to date.

Application may be made at any time to the department of mines by the coal operator for leave to mine or remove coal or conduct its mining operations within two hundred feet of any well, by petition, duly verified, showing the location of the well, the workings adjacent to the well and any other material facts, and what further mining operations within two hundred feet of the well are contemplated, and praying the approval of the same by the department, and naming the well operator as a respondent. The coal operator shall file such petition with, or mail the same by registered mail to, the department and shall at the same time serve upon or mail by registered mail a true copy to the well operator. The department of mines shall, forthwith upon receipt of such copy, notify the well operator that it may answer the petition within five days, and that in default of an answer the department may approve the proposed operations as requested, if it be shown by the petitioner or otherwise to the satisfaction of the department that such operations are in accordance with law and with the provisions of this article. At the expiration of such fiveday period, the department, whether an answer be filed or not filed, shall fix a time and place of hearing within ten days, of which it shall give the coal operator and the well operator five days’ written notice by registered mail, and after a full hearing, at which the well operator and coal operator, as well as the department of mines, shall be permitted to offer any competent and relevant evidence, the department shall grant the request of the coal operator or refuse to grant the same, or make such other decision with respect to such proposed further operations in the vicinity of any such well as in its judgment is just and reasonable under all the circumstances and in accordance with law and the provisions of this article. The department of mines shall docket and keep a record of all such proceedings substantially as required in the last paragraph of section three of this article, and from any such final decision or order of the department of mines, either the well operator or coal operator, or both, may, within ten days, appeal to the circuit court of the county in which the well about which approval of such further operations is involved is located. The procedure in the circuit court shall be substantially as provided in section four, the department being named as a respondent. From any final order or decree of the circuit court, an appeal may be taken to the supreme court of appeals as heretofore provided.(1929, c. 86, §11.)

§12. Supervision by Department of Mines Over Drilling and Mining Operations; Complaints; Hearings; Appeals.—The department shall exercise supervision over the drilling, casing, plugging and filling of all wells and of all mining operations in close proximity to any well and shall have such access to the plans, maps and other records and to the properties of the well operators and coal operators as may be necessary or proper for this purpose, and, either as the result of its own investigations or pursuant to charges made by any well operator or coal operator, the department may itself enter, or shall permit any aggrieved person to file before it, a formal complaint charging any well operator with not drilling or casing, or not plugging or filling, any well in accordance with the provisions of this article, or charging any coal operator with conducting mining operations in proximity to any well contrary to the provisions of this article, or to the order of the department. True copies of any such complaints shall be served upon or mailed by registered mail to any person so charged, with notice of the time and place of hearing, of which the operator or operators so charged shall be given at least five days’ notice. At the time and place fixed for hearing, full opportunity shall be given any person so charged or complaining to be heard and to offer such evidence as desired, and after a full hearing, at which the department may offer in evidence the results of such investigations as it may have made, the department shall make its findings of fact and enter such order as in its judgment is just and right and necessary to secure the proper administration of this article, and, if it deems necessary, restraining the well operator from continuing to drill or case any well or from further plugging or filling the same, except under such conditions as the department may impose in order to insure a strict compliance with the provisions of this article relating to such matters, or restraining further mining operations in proximity to any well, except under such conditions as the department may impose. From any such order an appeal, naming the department as a respondent, may be taken by the operator or operators so restrained, within ten days of notice of entry of the same, to the circuit court of the county in which the well involved is located, and the department or complainant or complainants, or both, may, in case such order is disobeyed, apply at any time to such circuit court for a decree enforcing the same.(1929, c. 86, §12.)

§13. Rules and Regulations; Hearings Before Department of Mines; Appeals.—The department shall prescribe rules of procedure and for offering evidence in all matters brought before it, and shall prepare and, on request, furnish to applicants copies of forms of notices and of other forms that the department may require to be used, and prescribe the manner of serving the same. The department may also promulgate such other rules and regulations as it may deem necessary or helpful in securing uniformity of procedure in the administration of this article. Any matter in controversy before the department shall, after hearing or hearings, of which all persons interested have had due notice and at which they have been given an opportunity to appear and be heard and to offer evidence and to make argument by counsel if desired, be decided by the department as may seem to it to be just and reasonable and necessary or desirable for the proper enforcement of the provisions of this article.

Whether or not it be so expressly stated, an appeal from any final decision or action by the department in administering the provisions of this article may be taken by any aggrieved person within ten days of notice of such action or decision, to the circuit court of the county in which the subject matter of such decision or action is located, and in all cases of appeals to the circuit court, that court shall certify its decisions to the department of mines, and from all such final decisions an appeal shall lie to the supreme court of appeals as now provided by law in cases in equity. Any party feeling aggrieved by the final order of the circuit court affecting him or it, may present his or its petition in writing to the supreme court of appeals, or to a judge thereof in vacation, within twenty days after the entry of such order, praying for the suspension or modification of such final order. The applicant shall deliver a copy of such petition to the department of mines and to all other parties of record, before presenting the same to the court or judge. The court or judge shall fix a time for the hearing on the application, but such hearing shall not be held sooner than seven days, unless by agreement of the parties, after its presentation, and notice of the time and place of such hearing shall be forthwith given to the department of mines and to all other parties of record. If the court or judge, after such hearing, be of opinion that such final order should be suspended or modified, the court or the judge may require bond, upon such conditions and in such penalty, and impose such terms and conditions upon the petitioner as are just and reasonable. For such hearing the entire record before the circuit court, or a certified copy thereof, shall be filed in the supreme court, and that court, upon such papers, shall promptly decide the matter in controversy as may seem to it to be just and right, and may award costs in each case as to it may seem just and equitable.(1929, c. 86, §13.)

§14. Preventing Waste of Gas.—Natural gas shall not be permitted to waste or escape from any well or pipe line, when it is reasonably possible to prevent such waste, after the owner or operator of such gas, or well, or pipe line, has had a reasonable length of time to shut in such gas in the well, or make the necessary repairs to such well or pipe line to prevent such waste: Provided, however, That (a) if, in the process of drilling a well for oil or gas, or both, gas is found in such well, and the owner or operator thereof desires to continue to search for oil or gas, or both, by drilling deeper in search of lower oil or gas-bearing strata, or (b) if it be comes necessary to make repairs to any well producing gas, commonly known as “cleaning out,” and if in either event it is necessary for the gas in such well to escape therefrom during the process of drilling or making repairs, as the case may be, then the owner or operator of such well shall prosecute such drilling or repairs with reasonable diligence, so that the waste of gas from the well shall not continue longer than reasonably necessary, and if, during the progress of such deeper drilling or repairs, any temporary suspension thereof becomes necessary, the owner or operator of such well shall use all reasonable means to shut in the gas and prevent its waste during such temporary suspension : Provided further, That in all cases where both oil and gas are found and produced from the same oil and gas-bearing stratum, and where it is necessary for the gas therefrom to waste in the process of producing the oil, the owner or operator shall use all reasonable diligence to conserve and save from waste so much of such gas as it is reasonably possible to save.(1891, c. 106, §1; 1897, c. 58, §3; Code 1923, c. 62D, §3.)

§15. Right of Adjacent Owner or Operator to Prevent such Waste; Recovery of Cost.—If the owner or operator of any such well shall neglect or refuse to drill, case and equip, or plug and abandon, or shut in and conserve from waste the gas produced therefrom, as required to be done and performed by the preceding sections of this article, for a period of twenty days after a written notice so to do, which notice may be served personally upon the owner or operator, or may be posted in a conspicuous place at or near the well, it shall be lawful for the owner or operator of any adjacent or neighboring lands to enter upon the premises where such well is situated and properly case and equip such well, or, in case the well is to be abandoned, to properly plug and abandon it, or in case the well is wasting gas, to properly shut it in and make such needed repairs to the well to prevent the waste of gas, in the manner required to be done by the preceding sections of this article; and the reasonable cost and expense incurred by an owner or operator in so doing shall be paid by the owner or operator of such well and may be recovered as debts of like amount are by law recoverable.(1891, c. 106, §§4, 5; 1897, c. 58, §4; Code 1923, c. 62D, §4.)

§16. Restraining Waste.—Aside from and in addition to the imposition of any penalties under this article, it shall be the duty of any circuit court in the exercise of its equitable jurisdiction to hear and determine any bill or bills in equity which may be filed to restrain the waste of natural gas in violation of this article, and to grant relief by injunction or by other decrees or orders, in accordance with the principles and practice in equity. The plaintiff in such bill shall have sufficient standing to maintain the same if he shall aver and prove that he is interested in the lands situated within the distance of one mile from such well, either as an owner of such land, or of the oil or gas, or both, thereunder, in fee simple, or as an owner of leases thereof or of rights therein for the production of oil and gas or either of them.(1897, c. 58, §7; Code 1923, c. 62D, §7.)

§17. Offenses; Penalties.—Any person persons, firm, partnership, partnership association or corporation willfully violating any of the provisions of this article which prescribe the manner of drilling and casing or plugging and filling any well, or which prescribe the methods of conserving gas from waste, or which fix the distance from wells within which mining operations shall not be conducted without the approval of the department, or violating the terms of any order of the department allowing mining operations within a lesser distance of any well than that prescribed by the article, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding two thousand dollars, or imprisonment in jail for not exceeding twelve months, or both, in the discretion of the court, and prosecutions under this section may be brought in the name of the State of West Virginia in the court exercising criminal jurisdiction in the county in which the violation of such provisions of the article or terms of such order was committed, and at the instance and upon the relation of any citizen of this State.(1891, c. 106, §3; 1897, c. 58, §6 Code 1923, c. 62D, §6; 1929, c, 86, §14.)

§1. Scope of Article.—Every person, corporation or company now engaged, or which shall hereafter engage, in the business of transporting or storing petroleum, by means of pipe line or lines or storage by tanks, shall be subject to the provisions of this article and shall conduct such business in conformity herewith: Provided, That the provisions of this article shall be subject to all federal laws regulating interstate commerce on the same subject.(1891, c. 44, §1; Code 1923, c. 62C, §1.)

§2. Duty of Pipe Line Companies to Transport Oil.—Any company heretofore or hereafter organized for the purpose of transporting petroleum or other oils or liquids by means of pipe line or lines shall be required to accept all petroleum offered to it in merchantable order in quantities of not less than two thousand gallons at the wells where the same is produced, making at its own expense all necessary connections with the tanks or receptacles containing such petroleum, and to transport and deliver the same at any delivery station, within or without the State, on the route of its line of pipes, which may be designated by the owners of the petroleum so offered.(1879, c. 27, §1; 1891, c. 44, §2; Code 1923, c. 62C, §2.)

§3. Oil of 35° Baume; Inspection, Grading and Measurement.—All petroleum of a gravity of thirty-five degrees Baume or under, at a temperature of sixty degrees Fahrenheit, offered for is transportation by means of pipe line or lines, shall, before the same is transported, as provided, by section two of this article, be inspected, graded and measured at the expense of the pipe line company, and the company accepting the same for transportation shall give to the owner thereof a receipt stating therein the number of barrels or gallons so received, and the grade, gravity and measurement thereof, and within a reasonable time thereafter, upon demand of the owner or his assigns, shall deliver to him at the point of delivery a like quantity and grade or gravity of petroleum in merchantable condition as specified in such receipt; except that the company may deduct for waste one per cent of the amount of petroleum specified in such receipt.(1879, c. 27, §2; 1891, c. 44, §3; Code 1923, c. 62C, §3.)

§4. Oil Over 35° Baume; Inspection and Measurement; Loss.—All petroleum of a gravity exceeding thirty-five degrees Baume, at a temperature of sixty degrees Fahrenheit, offered for transportation by means of pipe line or lines, shall be inspected and measured at the expense of the company transporting the same, before the same is transported. The company accepting the same for transportation shall give to the owner thereof, or to the person in charge of the well or wells from which such petroleum has been produced and run, a ticket signed by a its gauger, stating the number of feet and inches of petroleum which were in the tank or receptacle containing the same before the company began to run the contents from such tank, and the number of feet and inches of petroleum which remained in the tank after such run was completed. All deductions made for water, sediment or the like shall be made at the time such a petroleum is measured. Within a reasonable time thereafter the company shall, upon demand, deliver from the petroleum in its custody to the a owner thereof, or to his assignee, as such delivery station on the route of its line of pipes as he may elect, a quantity of merchantable petroleum, equal to the quantity of petroleum run from such tank, or receptacle, which shall be ascertained by computation; except that the company transporting such petroleum may deduct for evaporation and waste two per cent of the amount of petroleum so run, as shown by such run ticket; and except that, in case of loss of any petroleum while in the custody of the c company caused by fire, lightning, storm or other a like unavoidable cause, such loss shall be borne pro rata by all the owners of such petroleum at the time thereof. But the company shall be liable for all petroleum that is lost while in its custody by the bursting of pipes or tanks, or by leakage from pipes or tanks; and it shall also be liable for all petroleum lost from tanks at the wells where produced before the same has been received for transportation, if such loss be due to faulty connections made to such tanks; and the company shall be liable for all petroleum lost by the overflow of any tanks with which pipe line connections have been made, if such overflow be due to the negligence of such company, and for all the petroleum lost by the overflow of any tanks with which pipe line connections should have been made under the provisions of this article, but were not so made by reason of negligence or delay on the part of the company.(1891, c. 44, §6; Code 1923, c. 62C, §6.)

§5. Lien for Charges.—Any company engaged in transporting or storing petroleum shall have a lien upon such petroleum until all charges for transporting and storing the same are paid.(1879, c. 27, §6; 1891, c. 44, §11; Code 1923, c. 62C, §11.)

§6. Orders and Certificates; Negotiability.—Accepted orders and certificates for petroleum, issued by any company engaged in the business of transporting and storing petroleum in this State by means of pipe line or lines and tanks, shall be negotiable, and may be transferred by indorsement either in blank or to the order of another, and any person to whom such accepted orders and certificates shall be so transferred shall be deemed and taken to be the owner of the petroleum therein specified.(1891, c. 44, §12; Code 1923, c. 62C, §12.)

§7. Further Provisions Concerning Such Orders and Certificates.—No receipt, certificate, accepted order or other voucher shall be issued or put in circulation, nor shall any order be accepted or liability incurred for the delivery of any petroleum, crude or refined, unless the amount of such petroleum represented in or by such receipt, certificate, accepted order, or other voucher or liability, shall have been actually received by and shall then be in the tanks and lines, custody and control of the company issuing or putting in circulation such receipt, certificate, accepted order or voucher, or written evidence of liability. No duplicate receipt, certificate, accepted order or other voucher shall be issued or put in circulation, or any liability incurred for any petroleum, crude or refined, while any former liability remains in force, or any former receipt, certificate, accepted order or other voucher shall be outstanding and uncanceled, except such original papers shall have been lost, in which case a duplicate, plainly marked “duplicate” upon the face, and dated and numbered as the lost original was dated and numbered, may be issued. No receipt, voucher, accepted order, certificate or written evidence of liability of such company on which petroleum, crude or refined, has been delivered, shall be reissued, used or put in circulation. No petroleum, crude or refined, for which a receipt, voucher, accepted order, certificate or liability incurred, shall have been issued or put in circulation, shall be delivered, except upon the surrender of the receipt, voucher, order or liability representing such petroleum, except upon affidavit of loss of such instrument made by the former holder thereof. No duplicate receipt, certificate, voucher, accepted order or other evidence of liability, shall be made, issued or put in circulation until after notice of the loss of the original, and of the intention to apply for a duplicate thereof, shall have been given by advertisement over the signature of the owner thereof in at least four successive issues of a daily or weekly newspaper published in the county where such duplicate is to be issued. Every receipt, voucher, accepted order, certificate or evidence of liability, when surrendered or the petroleum represented thereby delivered, shall be immediately canceled by stamping and punching the same across the face in large and legible letters with the word “canceled,” and giving the date of such cancellation; and it shall then be filed and preserved in the principal office of such company for a period of six years.(1891, c. 44, §13; Code 1923, c. 62C, §13.)

§8. Dealing With Oil Without Consent of Owner.—No company, its officers or agents, or any person or persons engaged in the transportation or storage of petroleum, crude or refined, shall sell or encumber, ship, transfer, or in any manner remove or procure, or permit to be sold, encumbered, shipped, transferred, or in any manner removed from the tanks or pipes of such company engaged in the business aforesaid, any petroleum, crude or refined, without the written order of the owner or owners thereof.(1891, c. 44, §14; Code 1923, c. 62C, §14.)

§9. Monthly Statements.—Every company now or hereafter engaged in the business of transporting by pipe lines or storing crude or refined petroleum in this State shall, on or before the tenth day of each month, make or cause to be made and posted in its principal business office in this State, in an accessible and convenient place for the examination thereof by any person desiring such examination, and shall keep so posted continuously until the next succeeding statement is so posted, a statement plainly written or printed, signed by the officer, agent, person or persons having charge of the pipes and tanks of such company, and also by the officer or officers, person or persons, having charge of the books and accounts thereof, which statement shall show in legible and intelligent form the following details of the business: (a) How much petroleum, crude or refined, was in , the actual and immediate custody of such company at the beginning and close of the previous month, and where the same was located or held; describing in detail the location and designation of each tank or place of deposit, and the name of its owner; (b) how much petroleum, crude or refined, was received by such company during the previous month; (c) how much petroleum, crude or refined, was delivered by such company during the previous month; (d) for how much petroleum, crude or refined, such , company was liable for the delivery or custody of to other corporations, companies or persons at the close of the month; (e) how much of such liability was represented by outstanding receipts or certificates, accepted orders or other vouchers, and how much was represented by credit balances; (f) that all the provisions of this article have been faithfully observed and obeyed during the previous month. The statement so required to be made shall also be sworn to by such officer, agent, person or persons before some officer authorized by law to administer oaths, which oath shall be in writing, and shall assert the familiarity and acquaintance of the deponent with the business and condition of such company, and with the facts sworn to, and that the statements made in such report are true.(1891, c. 44, §15; Code 1923, c. 62C, §15.)

§10. Statements of Amount of Oil.—All amounts in the statements required by this article, when the petroleum is handled in bulk, shall be given in barrels and hundredths of barrels, reckoning forty-two gallons to each barrel, and when such petroleum is handled in barrels or packages, the number of such barrels or packages shall be given, and such statements shall distinguish between crude and refined petroleum, and give the amount of each. Every company engaged in the business afore said shall at all times have in their pipes and tanks an amount of merchantable oil equal to the aggregate of outstanding receipts, certificates, accepted orders, vouchers, acknowledgments, evidences of liability, and credit balances, on the books thereof.(1891, c. 44, §16; Code 1923, c. 62C, §16.)

§11. Penalties for Violations of Article.—Any company, its officers or agents, who shall make or cause to be made, sign or cause to be signed, issue or cause to be issued, put in circulation or cause to be put in circulation, any receipt, accepted order, certificate, voucher or evidence of liability, or shall sell, transfer or alter the same, or cause such sale, transfer or alteration, contrary to the provisions of this article, or shall do or cause to be done any of the acts prohibited by section seven of this article, or omit to do any of the acts by said section directed, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not exceeding one thousand dollars, and, if the offender be a natural person, imprisoned not less than ten days nor exceeding one year.(1891, c. 44, §17; Code 1923, c. 62C, §17.)

§12. Dealing in Oil in Tanks or Pipes Without Consent of Owner; Penalty.—Any company, its officers, or agents, who shall sell, encumber, transfer or remove, or cause or procure to be sold, transferred or removed from the tanks or pipes of such company, any petroleum, crude or refined, without the written consent of the owner or owners thereof, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined one thousand dollars and, if the offender be a natural person, imprisoned not less than ninety days nor exceeding one year.(1891, c. 44, §18; Code 1923, c. 62C, §18.)

§13. Failure to Make Report or Statement; Penalty.—Any company engaged in the business of transporting by pipe lines or storing petroleum, crude or refined, and each and every officer or agent of such company, who shall neglect or refuse to make the report and statement required by section nine of this article, within the time and the manner directed by said section, shall forfeit and pay the sum of one thousand dollars, and in addition thereto the sum of five hundred dollars for each day after the tenth day of the month that the report and statement required by said section nine shall remain unposted as therein directed.(1891, c. 44, §19; Code 1923, c. 62C, §19.)