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COAL MINES REGULATION ACT 1887 - SECT 13

Appointment on part of men, and removal, of check weigher.

13.(1) The persons who are employed in a mine, and are paid according to the
weight of the mineral gotten by them, may, at their own cost, station a person
(in this Act referred to as "a check weigher") at each place appointed for the
weighing of the mineral, and at each place appointed for determining the
deductions in order that he may on behalf of the persons by whom he is so
stationed take a correct account of the weight of the mineral or determine
correctly the deductions as the case may be.

(2) A check weigher shall have every facility afforded to him for enabling him
to fulfil the duties for which he is stationed, including facilities for
examining and testing the weighing machine, and checking the tareing of tubs
and trams where necessary; and if at any mine proper facilities are not
afforded to a check weigher as required by this section, the owner... and
manager of the mine shall each be guilty of an offence..., unless he proves
that he had taken all reasonable means to enforce to the best of his power the
requirements of this section.

(3) A check weigher shall not be authorised in any way to impede or interrupt
the working of the mine, or to interfere with the weighing, or with any of the
workmen or with the management of the mine; but shall be authorised only to
take such account or determine such deductions as aforesaid, and the absence
of a check weigher from the place at which he is stationed shall not be a
reason for interrupting or delaying the weighing or the determination of
deductions at such place respectively, but the same shall be done or made by
the person appointed in that behalf by the owner... or manager, unless the
absent check weigher had reasonable ground to suppose that the weighing or the
determination of the deductions, as the case may be, would not be proceeded
with: Provided always, that nothing in this section shall prevent
a check weigher giving to any workman an account of the mineral gotten by him,
or information with respect to the weighing, or the weighing machine, or the
tareing of the tubs or trams, or with respect to the deductions or any other
matter within the scope of his duties as check weigher, so always,
nevertheless, that the working of the mine be not interrupted or impeded.

(4) If the owner... or manager of the mine desires the removal of
a check weigher on the ground that the check weigher has impeded or
interrupted the working of the mine, or interfered with the weighing, or with
any of the workmen, or with the management of the mine, or has at the mine to
the detriment of the owner... or manager done anything beyond taking such
account determining such deductions or giving such information as aforesaid,
he may complain to a court of summary jurisdiction, who, if of opinion that
the owner... or manager shows sufficient prima8 facie ground for the removal
of the check weigher, shall call on the check weigher to show cause against
his removal.

(5) On the hearing of the case the court shall hear the parties, and, if they
think that at the hearing sufficient ground is shown by the owner... or
manager to justify the removal of the check weigher, shall make a summary
order for his removal, and the check weigher shall thereupon be removed, but
without prejudice to the stationing of another check weigher in his place.

(6) The court may in every case make such order as to the costs of the
proceedings as the court may think just.

(7) If in pursuance of any order of exemption made by a Secretary of State,
the persons employed in a mine are paid by the measure or gauge of the
material gotten by them, the provisions of this Act shall apply in like manner
as if the term "weighing" included measuring and gauging, and the terms
relating to weighing shall be construed accordingly.

(8) If the person appointed by the owner, ..., or manager to weigh the mineral
impedes or interrupts the check weigher in the proper discharge of his duties,
or improperly interferes with or alters the weighing machine or the tare in
order to prevent a correct account being taken of the weighing and tareing, he
shall be guilty of an offence....

© 1887 Crown Copyright

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