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Fencing in case of abandoned mine.
38 & 39 Vict. c. 55.
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37.—(1) Where any mine is abandoned or the working thereof discontinued, at whatever time the abandonment or discontinuance occurred, the owner thereof, and every other person interested in the minerals of the mine, shall cause the top of every shaft and every side entrance from the surface to be and to be kept securely fenced for the prevention of accidents:
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Provided that—
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(i) Subject to any contract to the contrary, the owner of the mine shall, as between himself and any other person interested in the minerals of the mine, be liable to carry into effect this section and to pay any costs charges and expenses incurred by any other person interested in the minerals of the mine in carrying this section into effect:
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(ii) Nothing in this section shall exempt any person from any liability under any other Act, or otherwise.
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(2) If any person fails to act in conformity with this section, he shall be guilty of an offence against this Act.
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(3) No person shall be precluded by any agreement from doing, or be liable under any contract to any damages penalty or forfeiture for doing such acts as may be necessary in order to comply with the provisions of this section.
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(4) If any occupier of land or other person wilfully obstructs the owner of a mine or other person interested as aforesaid in doing any such Acts, he shall be guilty of an offence against this Act.
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(5) Any shaft or side entrance which is not fenced as required by this section, and is within fifty yards of any highway, road, footpath, or place of public resort, or is in open or uninclosed land, shall be deemed to be a nuisance within the meaning of section ninety-one of the Public Health Act, 1875.
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