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Vacancies,

how filled.

Qualifications.

Bond and oath.

Duties of inspectors.

When

loss of life Occurs.

from the passage of this act; in case of the resignation, removal, or death of the chief inspector, or any district inspector, the vacancy shall be filled in the manner above provided for original appointments for the unexpired term only, of the position so made vacant. No person shall be appointed chief inspector of mines unless he is possessed of a competent knowledge of chemistry, the geology of Ohio, and mineralogy, in so far as those sciences relate to mining, and has a practical knowledge of mining engineering, and the different systems of working and ventilating mines, and the nature and properties of the noxious and poisonous gases of mines, particularly fire-damp, and of the best means of preventing and removing the same; and no person shall be appointed district inspector of mines unless he be a practical miner of at least five years' experience, and a resident of the district for which he is appointed, for at least two years, and is possessed of a practical knowledge of the best mode of working and ventilating mines, of the means of detecting the presence of bad or foul air, noxious and poisonous gases, and of the best means of preventing and removing the same.

Section 291. Before entering upon the discharge of the duties of their respective offices, the chief inspector and district inspectors shall give bond to the state, the former in the sum of five thousand dollars, and the latter in the sum of two thousand dollars each, to be approved by the governor, conditioned for the faithful performance of their duties respectively; said bonds, with an oath of office on each, and approval of the governor indorsed thereon, shall be forthwith deposited with the secretary of state; the inspectors, while in office, shall not act as agent, manager, or mining engineer for any operator, or in any way be interested in operating any mine.

Section 292. The chief inspector and district inspectors shall give their whole, time and attention to the duties of their offices respectively; it shall be the duty of the district inspectors to examine all the mines in their respective districts as often as possible, to see that all the provisions and requirements of this chapter are strictly observed and carried out; they shall particularly examine the works and machinery belonging to any mine, examine into the state and condition of the mines as to ventilation, circulation and condition of air, drainage, and general security; they shall make a record of all examinations of mines in their respective districts, showing the date when made, the condition in which the mines are found, the extent to which the laws relating to mines and mining are observed or violated, the progress made in the improvement and security of life and health sought to be secured by the provisions of this chapter, number of accidents, injuries received, or deaths, in or about the mines. (and for this purpose every person having charge of any mine, whenever loss of life occurs by accident connected with the working of such mine or by explosion, shall give notice thereof forth with by mail or otherwise to the inspector of mines, and to the coroner of the county in which such mine

is situated, who shall hold an inquest upon the body of the person or persons whose death has been caused, and inquire carefully into the cause thereof, and shall return a copy of the finding and all the testimony to the inspector); the number of mines in their respective districts, the number of persons employed in or about each mine, together with all such other facts and information of public interest concerning the condition of mines, development and progress of mining in their respective districts, as they may think useful and proper, which record shall, on or before the first Monday of every month, be filed in the office of the chief inspector, to be by him recorded, and so much thereof as may be of public interest, to be included in his annual report; in case of any controversy or disagreement between a district Controverinspector and the owner or operator of any mine, or the sies, how persons working therein, or in case of conditions or emer- arbitrated. gencies requiring counsel, the district inspectors may call on the chief inspector for such assistance and counsel as may be necessary; should the district inspector find any of the provisions of this chapter violated, or not complied with, by any owner, lessee, or agent in charge of any mine, he shall immediately notify such owner, lessee, or agent in charge, of such neglect or violation, and unless the same is, within a reasonable time rectified, and the provisions of this chapter fully complied with, he shall institute a prosecution under the provisions of section six thousand eight hundred and seventy-one (6871) of the revised statutes. For the purpose of making the inspection and examinations provided for in this section, the chief inspector and the district inspectors shall have the right to enter any mine at all reasonable times, by night or by day, but in such manner as shall not unnecessarily obstruct the working of the mine; and the owner or agent of such mine is hereby required to furnish mines. the means necessary for such entry and inspection; the inspection and examination herein provided for, shall extend to fire-clay, iron ore, and other mines, as well as coal mines. Section 293. The chief inspector shall issue such instruc- Chief intions, make such rules and regulations for the government spector to of the district inspectors, not inconsistent with the powers and regulaand duties vested in them by law, as shall secure uniformity tions. of action and proceedings throughout the different districts; and he may order one district inspector to the assistance of May transany other district inspector or make temporary trans- fer district fers of district inspectors, when in his judgment the effi inspectors. ciency or necessity of the service demands or permits; and he may, with the consent of the governor, remove any district inspector at pleasure; the district inspectors are hereby invested with all the power and authority of county auditors, as sealer of weights and measures in the different counties of this state, and they shall be entitled to receive on pay- weights and ment therefor, from the secretary of state, the same copies as is provided by section one hundred and forty-three of the revised statutes to be furnished to county auditors; and for any service performed as such sealer they shall receive the

Inspectors

to have free

access to

issue rules

Sealeers

measures.

Duties of chief inspector.

nual report

to governor.

same compensation as now provided by section ten hundred and sixty-two of the revised statutes; but said inspectors shall exercise said authority in connection with weights and measures, only at mines in their respective districts; the chief inspector shall render such personal assistance to the district inspectors as they, from time to time, may require, and shall make such personal inspection of mines as he may deem necessary and his other duties will permit; he shall keep in his office and carefully preserve all maps, surveys, and other reports and papers required by law to be filed with him, and so arrange and preserve the same as shall make them a permanent record of ready, convenient and connected reference; he shall compile and consolidate the reports of To make an- district inspectors, and annually make report to the governor of all his proceedings, as well as those of the district inspectors, the condition and operation of the different mines of the state, the number of mines and the number of persons employed in or about such mines, the amount of coal, iron ore, limestone, fire-clay, or other mineral mined in this state, and for the purpose of enabling him to make such report, the owner, lessee, or agent in charge of such mine, or who is engaged in mining, is hereby required to give accurate information as to the foregoing facts on blanks to be furnished by the chief inspector under penalty of one hundred dollars, to be recovered at the suit of the chief inspector in the name of formation. the state of Ohio, for refusal to furnish such information on demand of the chief inspector; he shall also include in such report such facts relative to the mineral resources of the state, and the development of the same, as shall in his judgment be of public interest; he shall enumerate all accidents, and the manner in which they occurred, in or about mines, and give all such other information as he thinks useful and proper, and make such suggestions as he deems important relative to mines and mining, and any other legislation that may be necessary on the subject for the better preservation of the life and health of those engaged in such industry.

Penalty for refusing to furnish in

Maps, plans
of mines,
etc., shall be
kept in
offices.

Salaries.

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Section 294. The chief inspector shall have an office in the state house, in which shall be carefully kept the maps and plans of all mines in the state, and all records, correspondence, papers, and apparatus and property pertaining to his duties, belonging to the state, and shall be handed over to his successor in office; the district inspectors shall keep their offices in such place in their respective districts as will be most central and convenient to the mining region of their respective districts, and shall keep and preserve in their offices all maps, plans, surveys, and other papers belonging to their offices, in such manner as shall be of easy access and convenient reference to persons entitled to examine them. The district inspectors shall receive an annual salary of twelve hundred dollars ($1,200) per annum, and the chief inspector shall receive the same salary as is now provided for inspector of mines under section twelve hundred and eighty-four of the revised statutes.

furnished

Section 295. There shall be provided for the inspectors all Instruinstruments and chemical tests necessary for the discharge ments, etc., of their respective duties under this chapter, which shall be inspectors. paid for on the certificate of the chief inspector, and shall belong to the state.

Section 299. The owner or agent of every coal mine operated by shaft, in all cases where the human voice cannot be distinctly heard, shall forthwith provide and maintain a metal tube from the top to the bottom of such shaft suitably calculated for the free passage of sound therein, so that con- Speaking versation may be held between persons at the bottom and tubes and top of the shaft; there shall also be provided an approved safety apsafety-catch, and a sufficient cover overhead, on all carriages paratus. used for lowering and hoisting persons, and in the top of every shaft an approved safety gate, and an adequate brake shall be attached to every drum or machine used for lowering or raising persons in all shafts or slopes; and there shall also be provided in every shaft a traveling or passage way from one side of a shaft bottom to the other, so that persons working therein may not have to pass under descending

cages.

SEC. 2. That sections 290, 291, 292, 293, 294, 295, 299, and 306a, be and the same are hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage

L. A. BRUNNER,

Speaker pro tem. of the House of Representatives.
JOHN G. WARWICK,

Passed April 12, 1884.

President of the Senate.

[House Bill No. 478.]

AN ACT

To amend sction 2580 of the revised statutes of Ohio, as amended
April 3, 1883.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 2580 of the revised statutes of Ohio, as amended April 3, 1883, be amended to read as follows:

Section 2580. In cities of the first class, except the first. Superinand second grades, the superintendent of markets shall be tendent of appointed by the mayor, with the assent of the council, markets. which shall prescribe the duties and fix the compensation of such officer; and in cities of the first class, second grade, the position of superintendent of markets is hereby abolished. In such cities of the first class, second grade, the mayor shall appoint, subject to the approval of the council, an inspector of markets and such assistants, janitors, and all other em- Inspector of ployes necessary for the care of markets, market grounds,

markets.

and all public buildings of the corporation under the control of the city council. And the council of such cities shall prescribe the duties and fix the compensation of such inspectors, assistants and employes.?

SEC. 2. That section 2580, as amended April 3, 1883, be and the same is hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

A. D. MARSH,

Speaker of the House of Representatives.
ELMER WHITE,

President pro tem. of the Senate.

Passed April 12, 1884.

[Senate Bill No. 241.]

AN ACT

To authorize the Union County Farmers' Insurance Company to change the location of its principal office.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the Union county farmers' insurance company be and it is hereby authorized to change the place of its principal office from York Center to Marysville, Union county, Ohio.

SEC. 2. This act shall take effect and be in force from and after its passage.

A. D. MARSH,

Speaker of the House of Representatives.

JOHN G. WARWICK,

Passed April 12, 1884.

President of the Senate.

Bonds to complete

sewers.

[Senate Bill No. 209.]

AN ACT

To authorize city councils of cities of the first grade of the second class to issue bonds for sewer purposes.

[COLUMBUS.]

SECTION 1 Be it enacted by the General Assembly of the State of Ohio, That the city council of any city of the first grade of the second class, wherein main trunk sewers have been constructed, or are now in process of construction, be and they are hereby authorized and empowered, for the purpose of completing such main trunk sewers now in process of construction, to issue from time to time the bonds of such city

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