Time allowed for making outlets.

Ventilation.

ances.

outlets as provided in section eight when such mine is under two hundred feet in depth, and two years when such mine is over two hundred feet in depth; but not more than twenty men shall be employed in such mine at any one time until the provisions of section eight are complied with, and after the expiration of the period above mentioned should said mines not have the outlets aforesaid, they shall not be operated until made to conform to the provisions of section eight.

SEC. 10.

The owner or agent of every coal mine, whether it be operated by shaft, slope, or drift, shall provide and maintain for every such mine an amount of ventilation of not less than one hundred cubic feet of air per minute for each person employed in such mine, and not less than five hundred cubic feet of air per minute for each mule or horse employed in the same, which shall be distributed and circulated throughout the mine in such manner as to dilute, render harmless, and expel the poisonous and noxious gases from each and every working place in the mine. And all mines governed by the provisions of this act shall be provided with artificial means for producing ventilation, such as exhaust or forcing fans, furnaces, or exhaust steam, or other contrivances of such capacity and power as to produce and maintain an abundant supply of air for all the requirements of the persons employed in the mine; but in case a furnace is used for ventilating purposes it shall be built in such manner as to prevent the communication of fire to any part of the works by lining the upcast with incombustible material for a sufficient distance up from said furnace to ensure safety.

SEC. 11. The owner or agent of every coal mine operated by Safety appli- a shaft or slope, in all cases where the human voice cannot be distinctly heard, shall forthwith provide and maintain a metal tube, or other suitable means for communication from the top to the bottom of said shaft or slope, suitably calculated for the free passage of sound therein, so that communication can be held between persons at the bottom and top of the shaft or slope. And there shall be provided a safety catch of approved pattern and a sufficient cover overhead on all carriages used for lowering and hoisting persons, and on the top of every shaft an approved safety gate, and also approved safety spring on the top of every slope, and an adequate brake shall be attached to every drum or machine used for raising or lowering persons in all shafts or slopes, and a trail shall be attached to every train used on a slope, all of said appliances to be subject to the ap proval of the inspector.

Hoisting engines: operation.

SEC. 12. No owner or agent of any coal mine operated by shaft or slope shall knowingly place in charge of any engine used for lowering into or hoisting out of such mine persons employed therein, any but experienced, competent and sober engi neers, and no engineer in charge of such engine shall allow any person except such as may be deputed for that purpose by the owner or agent, to interfere with it, or any part of the machinery; and no person shall interfere or in any way intimidate the

engineer in the discharge of his duties; and the maximum number of persons to ascend out of or descend into any coal mine on one cage shall be determined by the inspector, but in no case shall such number exceed ten, and no person shall ride upon or against any loaded cage or car in any shaft or slope except the conductor in charge of the train.

Penalties.

SEC. 13. No boy under twelve years of age shall be permit- Boys. ted to work in any mine; and parents or guardians of boys shall be required to furnish an affidavit as to the ages of their boys when there is any doubt in regard to their age and in all cases of minors applying for work the agent or owner of the mines shall see that the provisions of this section is [are] not violated. SEC. 14. In case any coal mine does not, in its appliances for the safety of the persons working therein, conform to the provisions of this act, or the owner or agent disregards the requirements of this act for twenty days after being notified by the inspector, any court of competent jurisdiction, while in session or the judges in vacation, may, on application of the inspector, by civil action in the name of the state, enjoin or restrain by Injunction. writ of injunction, the said agent or owner from working or operating such mines with more than ten persons at once, except as provided in sections eight and nine, until it is made to conform with the provisions of this act, and such remedies shall be cumulative, and shall not take the place of, or affect any other proceedings against such owner or agent authorized by law, for the matter complained of in such action; and for any willful failure or neglect to comply with the provisions of this law by any owner, lessee, or operator of any coal mine or opening whereby any one is injured, a right of action shall accrue to the party so injured for any damage he may have sustained thereby; and in case of loss of life by reason of such willful neglect or failure aforesaid, a right of action shall accrue to the Damages. widow, if living, and if not living, to the children of the person whose life shall be lost, for like recovery of damages for the injury they shall have sustained.

SEC. 15. Any miner, workman or other person who shall Malicious knowingly injure or interfere with any air course or brattice, or mischief. obstruct, or throw open doors, or disturb any part of the machinery, or disobey any order given in carrying out the provis

ions of this act, or ride upon a loaded car or wagon in a shaft Roof support. or slope except as provided in section twelve, or do any act whereby the lives and health of the persons, or the security of the mines and machinery is endangered; or if any miner or person employed in any mine governed by the provisions of this act, shall neglect or refuse to securely prop or support the roof Disobedience and entries under his control, or neglect or refuse to obey any order given by the superintendent in relation to the security of the mine in the part of the mine under his charge or control, every such person shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceed

of orders.

Trial of inspector for malfeasance in office, etc.

to examine

weights.

ing one hundred dollars, or imprisonment in the county jail not exceeding thirty days.

SEC. 16. Whenever written charges of gross neglect of duty or malfeasance in office against any inspector shall be made and filed with the governor, signed by not less than fifteen miners, or one or more operators of mines, together with a bond in the sum of five hundred dollars, payable to the state, and signed by two or more responsible freeholders, and conditioned for the payment of all costs and expenses arising from the investigation of such charges, it shall be the duty of the governor to convene a board of examiners, to consist of two practical miners, one mining engineer and two operators, at such time and place as he may deem best, giving ten days' notice to the inspector against whom charges may be made, and also the person whose name appears first in the charges, and said board when so convened, and having first been duly sworn or affirmed truly to try and decide the charges made, shall summon any witness desired by either party and examine them on oath or affirmation, which may be administered by any member of the board, and depositions may be read on such examination as in other cases, and report the result of their investigations to the governor, and if their report shows that said inspector has grossly neglected his duties, or is incompetent, or has been guilty of malfeasance in office, it shall be the duty of the governor forthwith to remove said inspector and appoint a successor, and said board shall award the costs and expenses of such investigation against the inspector or person signing said bond.

SEC. 17. In all coal mines in this state the miners employed Miners' right and working therein shall at all proper times have right of access and examination of all scales, machinery or apparatus used in or about said mine to determine the quantity of coal mined for the purpose of testing the accuracy and correctness of all such scales, machinery or apparatus, and such miners may designate or appoint a competent person to act for them, who shall at all proper times have full right of access and examination of such scales, machinery or apparatus, and seeing all weights and measures of coal mined, and the accounts kept of the same, provided not more than one person on behalf of the miners collectively shall have such right of access, examination and inspection of scales, weights, measures and accounts at the same time, and that such person shall make no unnecessary interference with the use of such scales, machinery or apparatus. SEC. 18. The owner, agent or operator of any coal mine shall keep a sufficient supply of timber to be used as props, so that the workmen may at all times be able to properly secure the workings from caving in, and it shall be the duty of the owner, agent or operator to send down all such props when required.

Supply of props.

Penalties.

SEC. 19. Any person willfully neglecting or refusing to comply with the provisions of this act when notified by the mine inspector to comply with such provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished

by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, except when different penalties are herein provided.

SEC. 20. Chapter 202 of the acts of the eighteenth general Acts 18th G. assembly is hereby repealed.

A., Ch. 202, repealed.

SEC. 21. This act being deemed of immediate importance Publication. shall be in force on and after its publication in the Iowa State Register and Iowa State Leader, newspapers published in Des Moines, Iowa.

Approved, March 18, 1884.

I hereby certify that the foregoing act was published in the Iowa State Register and lowa State Leader, March 20, 1884.

J. A. T. HULL, Secretary of State.

CHAPTER 22.

AUTHORIZED INDEBTEDNESS OF RAILWAY COMPANIES.

AN ACT to Amend Section 1061, Title IX, Chapter 1, of the Code of S. F. 10. 1873.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. That section 1061, title ix, chapter 1, of the code

of 1873, be amended by adding thereto the proviso, as follows:

Provided, That the provisions of this section shall not apply Addition to to the bonds or other railway securities to be hereafter issued section. or guaranteed by railway companies of this state, in aid of the location, construction and equipment of railways, to the amount of not exceeding sixteen thousand dollars per mile of single track, standard gauge, or eight thousand dollars per mile of single track, narrow gauge, lines of road for each mile of railway actually constructed and equipped.

SEC. 2. This act being deemed of immediate importance Publication. shall take effect and be in force from and after its publication in the Iowa State Register and Iowa State Leader, newspapers published in Des Moines, Iowa.

Approved, March 20, 1884.

I hereby certify that the foregoing act was published in the Iowa
State Register, March 28, and in the Iowa State Leader, April 2, 1884.
J. A. T. HULL, Secretary of State.

S. F. 164.

Moneys and credits.

Homestead.

Absconding debtor.

Publication.

CHAPTER 23.

EXEMPTING PENSION MONEY.

AN ACT to Exempt from Judicial Sale, the Pension Money Paid to any Person by the United States Government, and Certain of the Proceeds and Accumulations thereof.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. All money received by any person, resident of the state, as a pension from the United States government, whether the same shall be in the actual possession of such pensioner, or deposited, loaned, or invested by him, shall be exempt from execution or attachment, or seizure by or under any legal process whatever, whether such pensioner shall be the head of a family or not.

SEC. 2. The homestead of every such pensioner, whether the head of a family or not, purchased and paid for with any such pension money, or the proceeds or accumulations of such pension money, shall also be exempt as is now provided by the law of this state in relation to homesteads; and such exemption shall also apply to debts of such pensioner contracted prior to the purchase of such homestead.

SEC. 3. When a debtor absconds and leaves his family, the property exempted by this act, shall also be exempt to his wife and children, or either of them.

SEC. 4. This act being deemed of immediate importance, shall take effect, and be in force from and after its publication in the Iowa State Register and Iowa State Leader, newspapers published at Des Moines, Iowa.

Approved, March 20, 1884.

I hereby certify that the foregoing act was published in the Iowa State Register March 28, and in the Iowa State Leader March 25, 1884. J. A. T. HULL, Secretary of State.