JOHN WALTER SMITH, ESQ., GOVERNOR.

159

counted in hundred weights ; a copy of which oath shall be
posted up in said weigh-office where such coal is weighed.
But the said oath of weighmaster or check- weigh man shall be
understood and construed as only requiring said weigh master
or check weighman to allow and credit said fractions of tons
in whole hundred weights (cwts.) in manner following,
namely : Where the odd pounds in any mining cars in excess
of the whole hundred weight therein shall equal or exceed
fifty-six pounds, the said weigh master or check-weighman
shall credit such miner with a whole hundred weight for such

CHA P. 124.

odd pounds, but where such odd pounds, less than a whole
hundred weight (cwt.) shall be less than fifty-six pounds, then
such weighmaster or check- weighman shall give such miner no
credit whatever for such odd pounds; and it shall be the duty
of said weighrnaster and of any check-weighman to perform
the several acts and matters prescribed in said affidavit;
provided, that every car when weighed shall be uncoupled and
stopped on the scales; but the Mine Inspector may make
special regulations as to the stopping of cars' when necessary.
Section 203 of Article 1 and Section 157 of Article 12. The

Duties of
weighmaster,
etc.

Mine Inspector shall have power to examine the weighing
sheets on which the weight of the miners' cars are registered,
and the monthly aggregate of coal weighed on such scales, and
shall compare such aggregate monthly weighings with the
"manifest" or "shipping" reports of the operators, and thus
determine from time to time whether the coal ie accurately
weighed.
WEIGHING OF COAL.

Section 204 of Article 1 and Section 158 of Article 12.

Weighing
sheets
examined.

That it shall be lawful, however, notwithstanding the pro-
visions of this Act, in relation to weighmaster and the weigh-
ing of coal, for any lessee, owner, individual or agent of any
mine in said counties of Allegany and Garrett to contract
with the miners to mine coal therein or therefrom by measure-
ment, and it shall also be lawful for any owner, lessee or
agent of any mine in said counties, at or in which not more
than ten miners are employed at any one time, to contract
with the miner or miners employed therein by the day, week
or month, instead of by weight, and in all such cases when
the compensation of the miners by their contract or agree-
ment fixed by the day, week or month, be ascertained by the
cubic yard or other measurement, as hereinbefore provided ;
it shall not be obligatory upon such owner, lessee or agent of
such mine to provide any weighmaster or weigh the coal
mined in such shaft or mine, or taken therefrom, but the mine
cars used in any such mine worked by shaft shall be measured

Weighing
of coal.