Page images
PDF
EPUB

The Commissioner of Agriculture shall on or before January 1st, 1919 and on or before the first day of January of each year thereafter furnish the county court clerk of each county in this Commonwealth with the necessary blank licenses, metal tags and records as provided for in this act.

37. All moneys collected by the various county clerks in this Commonwealth under the provisions of this act shall, after deducting the amounts paid out for loss, damages, compensation and other expenses necessary for the enforcement of this act, revert to the school fund of the county.

38. All laws or parts of laws in conflict with this act are hereby repealed and this act shall become effective upon its passage and approval. Approved March 28, 1918.

[ocr errors][merged small]

CHAPTER 113.

AN ACT to amend Section 1, Article 3, Chapter 79 of the Acts of the General Assembly of 1914, being an act entitled, "An Act further regulating the operation of coal mines; to provide a more efficient supervision and regulation of such mines; to provide for the appointment of two additional assistant inspectors; to fix the salary of the chief inspector and assistant inspector of mines; and to otherwise provide for greater protection to the lives and health of persons employed in and about the coal mines in this State; which act was approved March 23, 1914.

Be it enacted by the General Assembly of the Commonwealth of Kentucky.

That Section 1, Article 3, of Chapter 79 of the Acts of the General Assembly of 1914, being entitled as set out in the title hereof, be and the same is amended by striking therefrom the following, beginning with line 66 in said printed acts, to-wit:

"In no case shall a copy of such map be made without the consent of such owner, lessee or operator." And inserting in lieu thereof the following, to-wit:

"In no case shall a copy of such map be made without the consent of such owner, lessee or operator, except that in any case where the owner or owners of any land adjacent or near to the land of the owner, lessee or operator may file an affidavit with the chief inspector showing ownership of such land adjacent or near to the land of such owner, lessee, or operator, and that he verily believes that such owner, lessee or operator is encroaching upon or mining on his or their land or lands, whereupon it shall be the duty of the Chief Inspector to cause to be furnished to such affiant or affiants a duplicate of the map filed by such encroaching owner, operator or lessee, the cost of which duplicate or duplicates shall be paid by the affiant or affiants.

And that said section be re-enacted as amended, and when so amended and re-enacted, same shall read as follows:

Section 1. The operator or superintendent of every coal mine in this state to which this act applies shall annually, within sixty days after the first day of January, make or cause to be made an accurate map or plan of the workings of such mine, on a scale of not more than one hundred feet to the inch, showing the area mined and the forms of the excavations up to the said first day of January, together with the location and connection of the lines of all adjoining lands within one thousand feet of said excavations, and the name or names of each owner or owners, so far as known, marked on each tract; a true copy of which map the said operator or superintendent shall deposit with the Chief Inspector of

Mines within seventy days after said first day of January, and another copy of which shall be kept at the office of such mine. But after the making and filing with said Chief Inspector of the first map of the mine, as required herein, the operator or superintendent shall only be required to annually file with said Chief Inspector, within the time herein specified, such additional map and statement as may be necessary to truly show the progress of the workings, the amount and forms of excavations of said mine, and so much of the property lines as may be within one thousand feet of said excavations as extended, from the date of the preceding map or survey up to the first day of January as provided herein. The Chief Inspector shall annually, on or before the first day of January, give warning notice that said map is required.

If the operator or superintendent of any coal mine shall fail or neglect to furnish to the Chief Inspector any copy of the map or extension thereof as provided in this article, the Chief Inspector is hereby authorized to cause a correct survey and map or plan of said mine or the extensions above indicated to be made at the expense of the owner, lessee, or operator of such mine, the cost of which shall be recoverable from said owner, lessee, or operator as other debts are recoverable by law; and if at any time the Chief Inspector of Mines shall have reason to believe that such map or plan, or the extension thereof, furnished in pursuance of this article is materially incorrect, such as will not serve the purpose for which it was intended, he may have survey and map or plan or the extension thereof made or corrected, and the expense of making such survey and map or plan or extension thereof under the direction of said Chief Inspector shall be paid by

the owner, lessee, or operator of the mine, and the same may be collected as other debts are recoverable by law; but if the map, plan, or extension as furnished by the operator or superintendent shall be found to be correct, the expenses of said survey and drafting of map or plan shall be paid by the State. The correctness of each map or plan provided for by this article shall be certified by the person making such map or plan; and the Chief Inspector may reject any map as incomplete, the accuracy of which is not so attested. The Chief Inspector shall, upon the application of any owner, lessee, or operator therefor make or cause to be made a duplicate of any map on file in his office of any mine owned, leased, or operated by the owner, lessee, or operator making such application, but the cost of making such duplicate shall be paid by the applicant therefor. In no case shall a copy of such map be made without the consent of such owner, lessee or operator, except that in any case where the owner or owners of any land adjacent or near to the land of the owner, lessee or operator, may file an affidavit with the Chief Inspector showing ownership of such land adjacent or near to the land of such owner, lessee or operator, and that he verily believes that such owner, lessee or operator is encroaching upon or mining on his or their land or lands, whereupon it shall be the duty of the Chief Inspector to cause to be furnished to such affiant or affiants a duplicate of the map filed by such encroaching owner, operator or lessee, the cost of which duplicate or duplicates shall be paid by the affiant or affiants. Proper and safe means for preserving, filing, and cataloguing the mine maps received by the Chief Inspector of Mines, such as suitable envelopes or other filing devices and index card files, shall be

provided for the office of the Chief Inspector, which shall be paid for upon the order of said inspector when approved by the Governor. After this act shall have gone into effect, each operator of a coal mine, before making additional openings, and each operator preparing to open a new mine shall furnish the Chief Inspector and the assistant inspector for the district in which the mine is located each a plan of the proposed openings and mine development. Approved March 28, 1918.

CHAPTER 114.

AN ACT to amend Section 2380 of the Kentucky Statutes, Carroll's Edition, 1915, and Sub-section Two (2), Seven (7), Ten (10), Thirty-one (31), Thirty-four (34), and Forty-nine (49) of said section, and to enact Sub-section Forty-nine A (49a) of said section.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

That Sub-section 2 of Section 2380 of the Kentucky Statutes be, and the same is, amended by striking out the words "one or more of the landowners' and inserting in lieu thereof the words "not less than twenty-five per cent of the landowners in the proposed district or the owners of not less than twenty-five per cent of the land affected in the proposed district as shown by the petition," so that said section, after being amended, shall read as follows:

Before the county judge shall establish, widen, straighten, deepen or construct any such levee, ditch, drain, çanal, creek or water course, there shall be filed with the county clerk of such county a petition signed by not less than twenty-five per cent of

« PreviousContinue »