The mine operator shall at all times during the operation of the mine have a person on the ground with authority over all branches and phases of the operation of the mine during the time he is on duty. Provided, however, that nothing herein contained shall prevent the owner or operator from personally having such charge of the mine, provided he can qualify under all other provisions of this act.

History: Laws 1933, ch. 153, § 195; 1941 Comp., § 67-2002; 1953 Comp., § 63-20-2.

Compiler's notes. — The term "this act" refers to Laws 1933, ch. 153, the provisions of which are presently compiled as 69-4-1 to 69-4-10, 69-5-2, 69-5-7, 69-5-9 to 69-5-18, 69-6-1, 69-6-2, 69-11-1 to 69-11-3, 69-12-1 to 69-12-7, 69-13-1 to 69-13-3, 69-14-1 to 69-14-17, 69-15-1 to 69-15-15, 69-16-1 to 69-16-7, 69-17-1 to 69-17-10, 69-18-1 to 69-18-14, 69-19-1 to 69-19-19, 69-20-1 to 69-20-21, 69-21-1 to 69-21-6, 69-22-1 to 69-22-6, 69-23-1 to 69-23-19, 69-24-1 to 69-24-14, 69-26-1 to 69-26-3, 69-27-1 to 69-27-7, 69-28-1 to 69-28-9, 69-28-11 to 69-28-14, 69-29-1 to 69-29-7, 69-30-1 to 69-30-9, 69-31-1 to 69-31-13, 69-31-16, 69-32-1 to 69-32-3, 69-32-5 to 69-32-21, 69-33-1 to 69-33-8, 69-34-1 to 69-34-12 and 69-35-1 to 69-35-20 NMSA 1978.

When several mines owned by one company are in operation, there must be a person of authority in charge at each mine at all times during any phase or branch of the mine operation. 1963 Op. Att'y Gen. No. 63-69.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Mines and Minerals § 328.

58 C.J.S. Mines and Minerals § 236.