LLOYD LOWNDES, ESQUIRE, GOVERNOR.

117

any owner, lessee, individual or agent of any mine in said
counties of Allegany and Garrett worked by shaft alone, to
contract with the miners to mine coal therein or therefrom by
measurement, 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 con tract or agreement,
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 weigh-master 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 by a
eworn measurer, and said owner, lessee or agent shall cause the
capacity of each of said mining cars to be plainly stamped or
branded thereon ; provided, however, that apart from the
exception contained in this section said owner, lessee or agent
of any such mine specified in this section, operating the same,
shall be held to all the requirements and be subject to all the
liabilities and penalties which are provided herein in relation
to the working and operation of all other coal mines covered
by this Act.'
"209 B of Article 1, and 164 A of Article 12." That any

Lawful to
contract
with miners
to mine coal

owner, lesses, agent, operator, mining boss, roadsman, overseer,
driver or miner or other person violating, neglecting or refus-
ing to comply with any of the provisions of this Act, or
violating in any manner any of its provisions, shall be held
and deemed guilty of a misdemeanor, and upon indictment
therefor, and conviction thereof, shall he fined not less than
fifty dollars or more than five hundred dollars, in the discre-
tion of the court, but nothing contained in this Act shall be
construed as depriving the courts of their jurisdiction to take
cognizance of any offense specified in or covered by this Act
of which they would have had jurisdiction in the common
law.
"209 C of Article 1, and 164 B of Article 12." That any
Mine Inspector or weigh-master, at any of said mines neglect-

When guilty
on misde-
meanor.

ing or refusing to comply with any of the requirements of
this Act, or violating or failing to perform in any way any of
the duties of his office or position as herein prescribed, shall
be held and deemed guilty of a misdemeanor, and upon in-
dictment therefor and conviction thereof, shall be punished by

When guilty
of misde-
meanor.