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COAL MINES (WEIGHING OF MINERALS) ACT 1905

COAL MINES (WEIGHING OF MINERALS) ACT 1905 - LONG TITLE

An Act to amend the provisions of the Coal Mines Regulation Act,
1887, which relate to the Weighing of Minerals.{1}
[4th August 1905]
Amendments of 1887 c.58 s.13 as to check weighers.

COAL MINES (WEIGHING OF MINERALS) ACT 1905 - SECT 1

1.(1) The power conferred by the principal Act on the persons
employed in a mine, and paid according to the weight of the
mineral gotten by them, to appoint a check weigher, shall include
power to appoint a deputy to act in the absence of the check
weigher for reasonable cause, and the expression "check weigher,"
when used in the principal Act and in this Act, shall include any
such deputy check weigher during such absence as aforesaid.

(2) A statutory declaration, made by the person who presided at a
meeting for the purpose of appointing a check weigher or deputy
check weigher, to the effect that he presided at that meeting, and
that the person named in the declaration was duly appointed check
weigher or deputy check weigher, as the case may be, by that
meeting, shall be forthwith delivered to the owner, ..., or manager
of the mine, and shall be prima facie evidence of that appointment.

(3) Where the check weigher or deputy check weigher was appointed
by a majority, ascertained by ballot, of the persons employed in
the mine, and paid according to the mineral gotten, the declaration
shall so state, and, if he was not so appointed, then it shall
state the names of the persons by whom or on whose behalf the
check weigher or deputy check weigher was appointed. Where a check
weigher or deputy check weigher is appointed by such a majority as
aforesaid, he shall be deemed to be appointed on behalf of all the
persons employed in the mine who are entitled to appoint him.

(4) The facilities to be afforded to a check weigher, under section
thirteen of the principal Act, shall include provision for a check
weigher of a shelter from the weather, containing the number of
cubic feet requisite for two persons, a desk or table at which the
check weigher may write, and a sufficient number of weights to test
the weighing machine.

(5) When a check weigher or deputy check weigher is appointed by a
majority, ascertained by ballot, of the persons employed in the
mine, and paid according to the mineral gotten, he shall not be
removed by the persons employed in the mine except by a majority,
ascertained by ballot, of the persons employed and paid as aforesaid
at the time of the removal.

COAL MINES (WEIGHING OF MINERALS) ACT 1905 - SECT 2
Amendments as to persons who appoint and pay check weighers.

2.(1) For the purposes of the principal Act and of this Act the
persons who are entitled, under section thirteen of the principal
Act, to appoint a check weigher, and from whom he is entitled,
under section fourteen of the principal Act, to recover his wages
or recompense, shall be deemed to include not only the persons in
charge of the working places, but also all holers, fillers, trammers
and other persons who are paid according to the weight of the
mineral gotten.

(2) Where there are persons employed in a mine who are employed by
a contractor who is himself paid according to weight of mineral
gotten, such persons, if they are either in charge of the working
places or are holers, fillers, trammers, or brushers, shall,
notwithstanding that they are paid by the contractor and otherwise
than in accordance with the weight of mineral gotten, be deemed to
be included among those who are entitled to appoint a check
weigher, and from whom he is entitled as aforesaid to recover wages
or recompense; but the proportion of such wages or recompense
recoverable in respect of such persons shall be paid by the
contractor who employs them, and recoverable by the check weigher
from him alone.

(3) The wages or recompense which a check weigher may recover,
under section fourteen of the principal Act, shall include expenses
properly incurred by him in carrying out his work under the
principal Act.

COAL MINES (WEIGHING OF MINERALS) ACT 1905 - SECT 3
Notice of intention to appoint check weigher.

3. All persons who are entitled, by the principal Act or this Act,
to appoint a check weigher or deputy check weigher shall have due
notice given to them of the intention to appoint a check weigher
or deputy check weigher, by a notice, posted at the pithead or
otherwise, specifying the time and place of the meeting, and have
the same facilities given to each of them for the purpose of
recording their votes, either by ballot or otherwise, in such
appointment.

COAL MINES (WEIGHING OF MINERALS) ACT 1905 - SECT 4
Construction and short title.

4.(1) This Act shall be construed as one with the principal Act.

(2) This Act may be cited as the Coal Mines (Weighing of Minerals)
Act, 1905, and the Coal Mines Regulation Acts, 1887 to 1896, and
the Coal Mines Regulation Act (1887) Amendment Act, 1903, and this
Act may be cited collectively as the Coal Mines Regulation Acts,
1887 to 1905.