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30 THE COAL TRADE BULLETIN.
matter to the judge of probate in the county in
which the mine is located. Upon such reference
the judge of probate shall set a day for the hearing
of the same and issue citation to the owner
or operator of the mine to appear and contest tbe
same if be sees proper; said citation to be served
by the sheriff of the county at least ten days be­
fore the day of trial. Upon the application of
either party, the judge of probate must issue sub­
poena for witnesses, to be served by the sheriff
as in other cases. After hearing the case the
probate judge must render such decision as he
may deem just and equitable, from which decision
either party may appeal to the circuit court within
sixty days, when it shall be tried de novo. From
the decision of the circuit court either party may
appeal to the supreme court of Alabama. If no
appeal is taken, the decision shall be final and
binding on said operator or mine owner, and any
mine owner or operator who refuses to carry out
the final order or determination of the case, after
a reasonable time, shall be guilty of a misdemeanor,
and must, on conviction be fined not
more than one thousand dollars.
Sec. 18. The chief mine inspector, who shall
be ex-officio chairman of the board, with a vote
only in case of a tie vote, or in case of the absence
of one member of the board, together with
two practical miners and two operators of coal
mines, and one mining engineer (a majority of
whom shall act) and all members of which board
shall hold first class certificates, shall constitute
a hoard of examiners to examine and give certifi­
cates of fitness to persons to act as mine foremen,
or fire bosses, in any coal mine in this
state; a fee of five dollars shall lie paid to the
chief mine inspector by each person examined for
mine foreman certificate and three dollars for fire
lioss certificate, to be
USED AS AX EXAMINERS FUND,
before examination is begun. Out of the examiners
fund there snail be paid to each member
of the board, except the chief mine inspector, who
shall serve without extra pay, four dollars per
day. Said hoard shall meet every six months
at the office of the chief mine inspector, and remain
in session not longer than six days and
special meetings may be called hy the chief mine
inspector and must be called at the request of
three members of the board. The members of
this board shall be appointed by the governor
and shall hold office for three years and until their
successors are appointed and qualified and as
near as iiossible two members shall be appointed
one year and three the succeeding year. The
present hoard shall remain in office until their
terms expire and the governor shall appoint the
additional members upon the passage of this act,
and other members in accordance with this sec­
tion as the terms of office of the present board
respectively expire. The chief mine inspector
shall preserve in his office a record of the meetings
and transactions of the board and of all cer­
tificates issued.
Sec. 19. The examinations herein provided for
shall be conducted under such rules, conditions
and regulations as the members of the board shall
deem most efficient for carrying into effect the
spirit and intent, of this act. Such rules, when
formulated, shall be made a part of the perma­
nent record of the board, and such of them as
relate to candidates shall be published for their
information and governance prior to each exam­
ination; they shall also be of uniform application
to all candidates.
Sec. 20. In case of the loss or destruction ot
a certificate the chief mine inspector may supply
a copy thereof to the person losing same upon the
payment of $1.00, provided, it shall be shown to
the satisfaction of the chief mine inspector that
the loss has actually occurred, and the loser was
the holder of such certificate.
Sec. 21. If any person, or persons shall forge
or counterfeit a certificate or knowingly make or
cause to be made any false statement in any certificate
under this act or in any official copy of
the same, or shall urge or influence others to do
so. or shall utter or use any
SUCH FALSE CERTIFICATE
or unofficial copy thereof, or shall make, give,
utter, produce, or make use of any false declaiation,
representation or statement in any such
certificate or copy thereof, or any document containing
same, or make any false statement or mislepresentation
in application before examining
board for any certificate be or they, shall be
guilty of a misdemeanor and his certificate cancelled
or annulled by the examining board.
Sec. 22. Applicants for nrst and second-class
mine foreman's certificates shall be at least
twenty-three years of age, and shall have at leasl
five years practical experience, three years of
wdiich shall have been spent within coal mines
after having attained the age of fifteen years as
mine worker, superintendent, at or inside of any
coal mine, and shall be citizens of the United
States, and shall present an affidavit as to the
above and a certificate of good moral character
and of known temperate habits, signed by ten
reputable citizens where he resides. The said
hoard shall be entitled to grant certificates of com­
petency of two grades, namely, certificate of the
first class to persons who have had experience
in coal mines generating gases or accumulating
dust, one or both, and who shall have the necessary
qualifications to fulfill the duties of mine
foreman in such mines; and certificates of second
class to persons who give satisfactory evidence