&c., made secure where the natural strata is unsafe (a), and provided with signals between the surface and the bottom; underground planes on which persons travel must be also provided with signals and places of refuge at intervals of not more than twenty yards; a sufficient cover over head must, when required, be used in raising or lowering persons; for which purpose no single link chain is to be used except the coupling chain to the load; sufficient flanges are to be attached to the drum of every machine for raising or lowering persons; also a proper indicator, and an adequate break; every boiler must be provided with proper gauges and a safety-valve; the fly-wheel of every engine must be securely fenced; and sufficient bore holes are to be kept in advance or on both sides, to prevent inundations in every working approaching a place likely to contain a dangerous accumulation of water (s. 10). Special rules are also to be made best calculated to prevent accidents (s. 11), and submitted to the Secretary of State, who may alter such rules, subject to arbitration in case of objection (s. 13). Such special rules may from time to time be amended (s. 14), and they must be hung up about the Mine (s. 15). Inspectors are empowered at any time to make inquiries in relation to any such Mine, and must be furnished with means necessary by the owner thereof (s. 16), to whom he is required to give notice of any threatened danger, and also to report to the Secretary of State: if the owner object to remove the danger, the matter may be referred to arbitration. If he do not object, or if the award be not complied with, he will be liable to a penalty of 17. per day during neglect (s. 17). Maps must be produced to the Inspector, and corrected when required by him (s. 18). Notice of any accident must be sent by the owner to

(a) Where a miner in the course of his employment was injured by reason of the sides of the shaft being left in an unsecure condition, of which fact he was ignorant; but one of his masters, the superintendent of the mine, knew of the condition of the shaft, and continued it in such condition: it was held, that an action was maintainable against the masters (Mellors v. Shaw, 30 L. J. Q. B. 333; see also R. v. Brown, 26 L. J. M. C. 183).

the Secretary of State (a), within twenty-four hours; penalty for neglect, not exceeding 207. (s. 19). Inquests in case of accident must be adjourned to give the Inspector an opportunity of attending (s. 20) (b). Notice of abandonment of any coal or ironstone Mine, or of the opening of any one, must, within two months, be sent to the Inspector for the District (s. 21). Recovery of penalties, &c. (ss. 22 to 26). Colliers' wages to be paid in money at an office not contiguous to any public-house, under penalty not exceeding 107. for every offence (s. 28).

(a) In Scotland, to the Lord Advocate. See Underhill v. Longridge, 29 L. J. M. C. 65.

(b) There are numerous accidents occurring every year in the working of mines-from explosions of fire-damp, from gunpowder used in blasting, from falling of the sides and roofs of pits and levels, the breaking of insecure ropes and tackle, and reckless carelessness on the part of the miners themselves. When any accident occurs from negligence, though involuntary, on the part of the master, who is bound to take every proper precaution for the safety of his men, he will be liable for the damage sustained (Brydon v. Stuart, 2 Macq. 34); but if the neglect or carelessness of the suffering person aid in causing the injury in any way, he cannot recover damages from another (Martin v. Great Northern Railway Company, 16 C. B. 192; Waite v. North-Eastern Railway Company, 27 L. J. Q. B.417; Senior v. Ward, 28 L. J. Q. B. 139; Dynen v. Leach, 26 L. J.. Ex. 221). A master will be liable for the consequences should he employ inexperienced servants (Bartonshill Coal Company v. Reid, Macq. 266). But he is not responsible to one servant for an accident arising from the negligence of another (Ib.; see also Priestley v. Fowler, 3 M. & W. 1; Hutchinson v. York, Newcastle, and Berwick Railway Company, 5 Exch. 343; 19 L. J. Exch. 296; Wigmore v. Jay, 5 Exch. 354; Skipp v. Eastern Counties Railway Company, 9 Exch. 225; Couch v. Steel, 3 Ell. & B. 402; Griffiths v. Gidlow, 27 L. J. Exch. 404; Tarrant v. Webb, 18 C. B. 797; 25 L. J. C. P. 261; Searles v. Lindsay, 31 L. J. C. P. 106). Where, a railway train having stopped before arriving at the platform, a passenger was requested by a servant of the company to get out, and in so doing was injured, and recovered damages for such injury on the ground of negligence, it was held, that the question of negligence was for the jury, in which the Court were not authorised to interfere (Foy v. Brighton Railway Company, 5 New Reports, 247). Any persons by carelessness or neglect directly causing the death of another is guilty of manslaughter (R. v. Haines, 2 C. & Kir. 368; R. v. Barrett, 2 C. & Kir. 343; R. v. Hughes, 7 Cox C. C. 301; R. v. Lowe, 4 Cox C. C. 449). Errors of judgment and inadvertence, however, will not fall within this rule, and the negligence must be the immediate cause of accident (see R. v. Bennett, note, p. 146; see also other cases, note, p. 136).

REGULATION OF BAKEHOUSES.

BAKEHOUSES REGULATION ACT.

By the Bakehouses Regulation Act, no person under the age of eighteen is to be employed in any Bakehouse between 9 P.M. and 5A.M.; penalty on the occupier for contravention, not exceeding 27. for the first offence, 57. second, and 17. per day up to 107. for third and every subsequent offence (26 & 27 Vict. c. 40, s. 3). In places having upwards of 5000 inhabitants, the inside walls, ceilings, and passages of every Bakehouse are to be painted with three coats of paint, at least once in every seven years, and washed with hot water and soap once at least in every six months—or if not painted, such places shall be limewashed once at least in every six months. And every Bakehouse, whereever situate, must be kept in a cleanly state, provided with proper means for effectual ventilation, and be free from effluvium from any drain, privy, or other nuisance, under a penalty of not exceeding 57., and 17. per day for continuance or neglect of order of the court as therein prescribed (s. 4). In places having upwards of 5000 inhabitants, no part of any building containing a Bakehouse, is to be used as a sleeping-place on the same floor, unless separated by a partition from the floor to the ceiling, with an external glazed window at least nine superficial feet in area, of which at least 4 feet are made to open for ventilation, under a penalty of 17. for first, and 57. for every subsequent offence (s. 5). It shall be the duty of the Local Authority (under the several Nuisances Acts) [See "Constitution of Local Authorities "] to enforce the provisions of this Act; for which purpose, any Officer of Health, Inspector of Nuisances, or other officer appointed, may enter and inspect any Bakehouse at all times during the hours of baking; penalty for non-admission, 207., and in case of refusal such officer

may apply to any Justice for a warrant authorising him, accompanied by a police constable, to enter into any such Bakehouse for the purpose of examining the same (s. 6). Expenses incurred by the Local Authority to be defrayed out of rates (s. 7). Penalties recoverable as directed (ss. 8, 9),

PROTECTION FROM EXPLOSION AND FIRE.

ACCIDENTS FROM GUNPOWDER.

With a view to the Prevention of Accidents from Gunpowder and other Explosive substances, it is enacted (23 & 24 Vict. c. 139) that no manufacture of Gunpowder shall be carried on except in Mills and other places duly licensed for that purpose; the quantity of Powder or materials at one time under any single pair of millstones or rollers is not to exceed 50 lb. as respects sporting or Government Powder, and 60 lb. as respects inferior Powders; and every Mill must be provided with a charge-house for storage, properly constructed of stone or brick, at a safe distance from such Mill; the quantity of Powder under pressure at any one time not to exceed 10 cwt. ; the quantity to be corned or granulated at any one time not to exceed 12 cwt.; the quantity to be dried at one time and place not to exceed 50 cwt. ; the quantities at any one time in any press-house or corning-house not to exceed 20 cwt. and 24 cwt. respectively, and the quantity in any drying-house not to be more than necessary for immediate supply and work,-any building used with such press-house, corning-house, dryinghouse, &c., to be deemed part thereof, except Expense Magazines of stone or brick at least forty yards from every such house, save only the stove in which dried Powder may be cooling. In addition to Expense Magazines a sufficient Store Magazine, at least 140 yards distant from the Mill, &c., must be had for the safe keeping of all Powder, as soon as it can be

H

conveniently removed, such Store Magazines to be duly licensed, and to be provided with lightning conductors (s. 2). The Secretary of State may authorise the continuance or erection of Magazines within the prescribed distances (s. 3). All Gunpowder kept in contravention will be forfeited, and in addition the offender is to forfeit for every offence a sum not exceeding 28. for every pound of Powder so forfeited. Penalty for neglect to provide Store Magazine at proper distance not exceeding 257. for every month during manufacture, and for neglect to remove finished Powder to such Magazine not exceeding 57. for every day during continuance of offence (s. 4). No Charcoal is to be kept within twenty yards of any Mill, house, or Magazine used for making or storing Powder, under penalty not exceeding 57., or the like sum for every week during which such Charcoal is so kept (s. 5). No manufacture of loaded Percussion Caps, Ammunition, Fireworks, Fulminating Mercury or other preparation or composition of an Explosive nature can be carried on without license (a); nor are Percussion Caps or Fireworks to be made within 50 yards, nor Ammunition or Fulminating Mercury, &c., within 100 yards of any dwellinghouse or building, in which persons not connected with the same are employed: no Ammunition containing more than 5 lb. of Gunpowder, or Fireworks containing more than 10 lb. of Explosive Compound, or Fulminating Mercury, &c., more than 1 oz. dry or 8 oz. mixed with 25 per cent. of water, can be kept in any unlicensed place, nor are they to be kept in excess of the quantities specified in the license: the mixing the composition for Percussion Caps must be in a building not less than twenty yards from any other workshop, and not more than 5 lb. of Cap composition is at any one time to be in such building;

(a) Where the manufacture of fireworks had been illegally carried on, and by the negligence of a servant the death of a person was caused, the master was convicted of manslaughter; but, on appeal, it was held, that the con viction could not be sustained, because the death had not been occasioned by the unlawful proceeding alone (in which case the conviction would be right), but by the act of somebody else in addition (R. v. Bennett, 8 Cox C. C. 74).