Inspector the same will not be dangerous to the lives of those employed within either of said mining properties. Such consent, or a copy thereof, shall be filed in the office of the Inspector. The failure of the operator of either or both of such adjoining mining properties to observe the provisions of this Section, shall be deemed a violation of this Act. SEC. 47. INTOXICATING LIQUOR PROHIBITED IN MINES.-Whoever shall, while under the influence of intoxicating liquor, enter any mine, or any of the buildings connected with the operation of the same within this State, where miners or other workmen are employed, or whoever shall carry intoxicating liquors into the same, shall be deemed guilty of an offense against this Act, and upon conviction shall be punished accordingly. Provided, however, nothing herein contained shall prevent the carrying of any alcoholic spirits or liquor into such mine or buildings for the purpose of administering to any one injured therein. SEC. 48. PENALTIES.-Any wilful neglect, refusal or failure to perform the duties imposed and required to be performed by any section, clause, provision or rule of this Act, on the part of the parties or persons therein required to perform them, or the violation of any of the provisions or requirements thereof, shall be deemed a misdemeanor punishable by a fine not exceeding five hundred dollars, or by imprisonment for a period not exceeding six months, or both, at the discretion of the Court. For any injury to person or property, occasioned by any wilful violation of this Act, or wilful failure to comply with any of its provisions, by any owner, operator or superintendent of any metalliferous mine or quarry within this State, employing at least ten men, a right of action shall accrue to the party injured, for any direct damages sustained thereby, against said owner or operator, and in case of loss of life by reason of such wilful violation and wilful failure, as aforesaid, a right of action shall accrue to the widow and lineal heirs or adopted children of the person so killed, for a like recovery for damages for injury sustained by reason of such loss of life, not to exceed the sum of Five Thousand Dollars. Provided that all suits brought under this section shall be commenced within one year from the time any cause of action shall have accrued under this section, and not afterward. SEC. 49. COPY OF ACT TO BE POSTED.-It shall be the duty of the superintendent of every mine within the provisions of this Act to post or cause to be posted, at all times, in the office of said mine, and on a building or board in some conspicuous place at each entrance to the mine, a printed copy of this Act. Any person who wilfully removes, injures or defaces any such printed copy, when so posted, shall be guilty of a violation of this Act. SEC. 50. REPEAL OF INCONSISTENT LAWS.-All laws or parts of laws inconsistent with the provisions of this Act are hereby repealed. SEC. 51. ACT TO TAKE EFFECT.-This Act shall take effect on the (N.B. At least ninety days after the passage of the Act, so as to prepare the miner and operator to the changed conditions.) |