JOHN WALTER SMITH, ESQ., GOVERNOR.

161

in the working of said mines, and as the miners employed to
work therein proceed with the working of their excavations it
shall be the duty of the owner, lessee or agent of said mines,
to furnish a sufficient quantity of props and timber of suitable
character at the place in the heading, room, cross-cut or other
excavation in the mines where the miners are at work, and
the owners, lessee or agent operating any such mine shall, at
their own expense, properly timber any headings, rooms,
pillars or other excavations, not recently worked, and lay
uproads, by contract or otherwise, to and in the same, previous
to the miners starting new or farther work or excavations
therein ; and said owner, lessee or agent shall construct each
heading hereinafter driven in every mine of sufficient width
and height, with at least two feet and a half of room on the
break side of such heading, or if no brakes be used, then upon
some given side of such heading, so as to admit of the passage
of the drivers who may be engaged in driving along said
heading ; and it shall be the duty of every agent, lessee, owner,
operator, weighmaster, mining boss, overseer, roadsman, driver,
miner or any other person working or engaged in any employ-
ment whatever, in or about the said mines in said Allegany
and Garrett counties, or tram roads or incline planes

CHAP. 324.

leading therefrom, to observe all practical care, caution and
prudence in the work in which they may be engaged so that
all lives, health and safety of themselves and their co-laborers,
and the property of the owners in and about said mines, may
be protected so far as practicable, consistent with the dangerous
character of the work, from loss and injury ; and it shall be
the duty of all miners engaged in any of the said mines to
carefully prop and timber all rooms, headings and other exca-
vations wherein they may be working, as close up to their
work as may be reasonably practicable, so as to guard, as far as
practicable, against all accidents from fall of roof, side or
breast, coal or slate, earth or other surrounding matter ; and
any minor or other person employed or working in or about
said mines who shall be guilty of any willful negligence in
respect of any of the matters specified in this section whereby
the lives, health or safety of any co-laborers in and about any
of said mines or any of the property of the owners in or
about said mines may be lost, destroyed or injured, or
unnecessarily jeopardized, shall be liable to indictment, and
upon conviction to be fined as hereinafter provided ; and
whenever in any case it shall be brought to the notice of the
Mine Inspector that any person is violating any of the pro-
visions of this section, he shall at once order such person to
take immediate steps to secure the safety of the person or
property so jeopardized, and in case the refusal of any person
11

Care, caution
and
prudence
observed.