Additional duties. SEC. 6. The overseer shall see that the hoisting machinery is kept constantly in repair and ready for use, to hoist the workmen in or out of the mine. Application of word "owner." SEC. 7. The word "owner" in this act shall apply to lessee as well. Right of action. SEC. 8. For any injury to person or property occasioned by any violation of this act, or any willful failure to comply with its provisions, a right of action shall accrue to the party injured for any direct damages he or she may have sustained thereby, before any court of competent jurisdiction. Liability. SEC. 9. For any willful failure or negligence on the part of the overseer of any coal mine, he shall be liable to conviction of misdemeanor, and punished according to law; provided, that if such willful failure or negligence is the cause of the death of any person, the overseer, upon conviction, shall be deemed guilty of manslaughter. Inspection of boilers. SEC. 10. All boilers used for generating steam in and about coal mines shall be kept in good order, and the owner or agent thereof shall have them examined and inspected, by a competent boilermaker, as often as once in three months. Not to apply to opening of mine. SEC. 11. This act shall not apply to opening a new coal mine. Time act shall take effect. SEC. 12. This act shall take effect immediately. An act for the better protection of the stockholders in corporations formed under the laws of the State of California, for the purpose of carrying on and conducting the business of mining. Approved March 30, 1874; stats. 1873-4, p. 866. Amended, stats. 1880, p. 134; 1897, p. 38. Portion of amendatory act of 1897 unconstitutional (Johnson vs. Tautphaus, 127 Cal. 604). Remaining portion codified in Civ. C. §§ 588, 589, 590, as adopted in 1905. An act for the further protection of stockholders in mining companies. Approved April 23, 1880; stats. 1880, p. 131. Amended, stats. 1897, p. 96. Unconstitutional as to section 3 (Krause vs. Durbrow, 127 Cal. 681). See Lacy vs. Gunn, 144 Cal. 511. Repealed, stats. 1905, p. 74. An act to establish a uniform system of mine bell signals, to be used in all the mines operated in the State of California, and for the protection of miners. Approved March 8, 1893; stats. 1893, p. 82. The people of the State of California, represented in senate and assembly, do enact as follows: Code or system of mine bell signals. SECTION 1. Every person, company, corporation, or individual, operating any mine within the State of Californiagold, silver, copper, lead, coal, or any other metal or substance where it is necessary to use signals by means of bell or otherwise, for shafts, inclines, drifts, crosscuts, tunnels, and underground workings-shall, after the passage of this bill, adopt, use, and put in force the following system or code of mine bell signals, as follows: 1 bell, to hoist. (See Rule 2.) 1 bell, to stop if in motion. 2 bells, to lower. (See Rule 2.) 3 bells, man to be hoisted; run slow. (See Rule 2.) 4 bells, start pump, if not running, or stop pump if running. 1 3 bells, start or stop air compressor. 5 bells, send down tools. (See Rule 4.) 6 bells, send down timbers. (See Rule 4.) 7 bells, accident; move bucket or cage by verbal orders only. 4 bells, foreman wanted. 1 2 1 - 1 bells, done hoisting until called. - 2 bells, done hoisting for the day. 2 bells, change buckets from ore to water, or vice 3-2-1 bells, ready to shoot in the shaft. (See Rule 3.) Engineer's signal, that he is ready to hoist, is to raise the bucket or cage two feet and lower it again. (See Rule 3.) Levels shall be designated and inserted in notice hereinafter mentioned. (See Rule 5.) Rules. SEC. 2. For the purpose of enforcing and properly understanding the above code of signals, the following rules are hereby established: Rule 1-In giving signals make strokes on bell at regular intervals. The bar (-) must take the same time as for one stroke of the bell, and no more. If timber, tools, the foreman, bucket, or cage, are wanted to stop at any level in the mine, signal, by number of strokes on the bell, the number of the level first before giving the signal for timber, tools, etc. Time between signals to be double bars (——). Examples: 6 -5, would mean stop at sixth level with tools. -1—1—1——1, would mean stop at fourth level, man on, hoist. 2 -1-4, would mean stop at second level with foreman. Rule 2-No person must get off or on the bucket or cage while the same is in motion. When men are to be hoisted, give the signal for men. Men must then get on bucket or cage, then give the signal to hoist. Bell cord must be in reach of man on the bucket or cage at stations. Rule 3-After signal "Ready to shoot in shaft," engineer must give his signal when he is ready to hoist. Miners must then give the signal of "Men to be hoisted," then "spit fuse," get into the bucket, and give the signal to hoist. Rule 4-All timbers, tools, etc., "longer than the depth of the bucket," to be hoisted or lowered, must be securely lashed at the upper end to the cable. Miners must know they will ride up or down the shaft without catching on rocks or timbers and be thrown out. Rule 5-The foreman will see that one printed sheet of these signals and rules for each level and one for the engine-room are attached to a board not less than twelve inches wide by thirty-six inches long, and securely fasten the board up where signals can be easily read at the places above stated. Rule 6-The above signals and rules must be obeyed. Any violation will be sufficient grounds for discharging the party or parties so doing. No person, company, corporation, or individuals operating any mine within the State of California, shall be responsible for accidents that may happen to men disobeying the above rules and signals. Said notice and rules shall be signed by the person or superintendent having charge of the mine, who shall designate the name of the corporation or the owner of the mine. Responsibility. SEC. 3. Any person or company failing to carry out any of the provisions of this act shall be responsible for all damages arising to or incurred by any person working in said mine during the time of such failure. Time act shall take effect. SEC. 4. This act shall take effect immediately. See Manning vs. App. Consolidated Gold Mining Co., 149 Cal. p. 35. MUNICIPAL CORPORATIONS. An act to provide for the organization, incorporation, and government of municipal corporations. Approved March 13, 1883; stats. 1883, p. 93. The people of the State of California, represented in senate and assembly, do enact as follows: ED. NOTE.-Cities eligible, by reason of their population, for incorporation as cities of the first, first and one half, second, third, and fourth classes, as well as some cities in the fifth class, containing over 3,500 inhabitants, are operating under their own charters, under the provisions of article XI, sections 8 and 81⁄2 of the Constitution of California. CHAPTER VI. MUNICIPAL CORPORATIONS OF THE FIFTH CLASS. [Cities having a population of more than 3,000 and not exceeding 10,000 inhabitants.] [Subdivisions 3 and 13 provide for granting contracts and franchises.] SEC. 764. The board of trustees of such city shall have power: 1. To pass ordinances not in conflict with the constitution and laws of this state, or of the United States. 2. To purchase, lease, or receive such real estate and personal property as may be necessary or proper for municipal purposes, and to control, dispose of, and convey the same for the benefit of the city; provided, that they shall not have any power to sell or convey any portion of any water front; but may rent such water front for a term not exceeding ten years for the purpose of erecting bath houses thereon. 3. To contract for supplying the said city with water, and gas, and electric lights or other lights for municipal purposes; to purchase, lease, construct or otherwise acquire water works, electric plants, and gas works or plants or any of same, and all machinery, conductors, lands, appliances and all other things needed therefor, and to supply said city with, and to sell to the inhabitants of said city, gas, electric light or other light, and heat, and power; provided that no such purchase or lease shall be made unless the question of acquiring such property is submitted to the voters of such city in the same manner as other propositions, at a general or special municipal election, and a majority of the electors, voting at such election shall vote in favor of such proposition. 4. To establish, build and repair bridges; to establish, lay out, alter, keep open, open, improve and repair streets, sidewalks, alleys, squares, and other public highways and places within the city, and to drain, sprinkle, oil, and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamıze, gravel and curb the same in whole or in part, and to construct gutters, culverts, sidewalks, and crosswalks therein, or upon any part thereof; to cause to be planted, set out, and cultivated, shade trees therein; and generally to manage and control all such highways and places. 5. To establish, construct and maintain drains and sewers, and to provide by ordinance for a general system of sewers, and the expense of building and maintaining the same. 6. To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires. 7. To impose and collect from every male inhabitant between the ages of twenty-one and sixty years, an annual street poll tax, not exceeding two dollars, and no other road poll tax shall be collected within the limits of such city; provided, that any member of a volunteer fire company in such city shall be exempt from such tax. 8. To impose and collect an annual license, not exceeding two dollars on every dog owned or harbored within the limits of the city. |