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173. Inexperienced blaster not to be employed. 174. Removal of gas.

175. Ignited gas to be extinguished.

176. Duties of fireman in charge of boilers.

177. Headman and footman. Duties.

178. Jumping on cars after signal to start. Request to get off.

179. When empty trip to be hoisted.

180. Passage ways. Safety holes.

181. Speed of locomotives.

182. Where prohibited.

183. Coupling.

184. Cars on gravity roads.

185. Runners and their qualifications.

186. Safety holes at bottom of slopes, &c.

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227. Map to be corrected every six months. Abandoned and completed workings to be put on map immediately.

228. Mine inspector to be furnished with map. Inspector to have map corrected. Maps to remain in care of inspector. Copy not to be made without consent of owner.

229. When inspector to have map made at expense of owner. Expense of test survey and map.

(2.) INGRESS AND EGRESS.

230. Where twenty miners are employed, two openings to surface required. Where the air-shaft is divided into two compartments. Travelling way.

231. Separation of shaft or outlet from main outlet and furnace shaft. Two openings, if mine be worked by drift. Furnace ventilation.

232. Each mine to have two entries. No workings

to be driven more than three hundred feet in advance of passage way. Passage ways to be separated by pillars or strata.

233. Overcast to be provided.

234. Opening or outlet when not exceeding seventyfive feet in depth. To be fitted with stairs. Water to be conducted away.

235. Where shaft exceed seventy-five feet in depth. 236. Where one of the two openings in a slope. 237. Machinery and stairs to be inspected every twenty-four hours. To be approved by mine inspector.

(3.) HOISTING MACHINERY-SAFETY CATCHES-SIGNAL APPARATUS, &C.

238. Speaking and signalling tubes to be maintained in every shaft. Cage to have an overhead covering. Drum and brakes of hoisting machine. Safety gates.

239. Coupling chain. Bridle chain.

240. Number of persons to be lowered or hoisted to be regulated by mine inspector and notice to be posted.

241. Machinery to be fenced off.

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(5.) SAFETY LAMPS-FIRE BOSSES, &C. 247. Standing gas in mines generating fire damp. Accumulation of explosive gas not to be allowed.

248. Mines generating explosive gas and fire damp. To be examined by fire boss. To mark places examined. To examine worked out or abandoned parts, and place danger signals.

249. Bore holes driven towards abandoned mines or those which may contain gases.

250. Permanent station with danger signal at entrance to mine. Danger signals when operations are temporarily suspended. Entrance to be fenced off if circulation of air be stopped. Penalty for passing danger signal.

251. Locked safety lamps. Open lights prohibited. Electric wires and currents to be properly protected. 252. Use of the "Davy" and "Clanny" lamps. 253. Care of safety lamps. To be kept for use in case of emergency. Injured or defective lamps.

(6.) MINE FOREMAN AND HIS DUTIES. 254. Inside overseer to be employed to be called 66 mine foreman." His examination and certificate. Duties.

255. Props or timbers and cap pieces. If timbers cannot be supplied when needed, work to be stopped. 256. Cut-throughs for ventilation. How ventilation to be conducted.

257. Holes for shelter in all hauling roads.

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(8.) STEAM BOILERS — STABLES — REGULATIONS FOR THE USE OF OIL, POWDER, &C.

265. Ventilating fan in mine where gas has been detected. Stationary steam boiler in mine. 266. Horse or mule stables in mine. Ventilation of stables.

267. Hay or straw taken into mine.

268. Explosive oil not to be used. Oiling or greasing of cars inside of mine. Lubricating oil. Illuminating oil. Penalty for using explosive or impure oil. 269. Powder not to be stored in mine. Blasting.

(9.) OPENINGS ON OTHER LANDS.

270. Proceedings to provide drainage or ventilation where it is necessary to take other lands. Court to appoint viewers. Assessment of damages. Pay of viewers. Where petitioners desire to proceed before the decision of the viewers.

271. On request of fifty miners, owner or operator to procure right of way.

272. Water accumulating in large or dangerous quantities to be removed. Method of removal.

273. Coal not to be mined within fifty feet of abandoned mine or of water.

274. General and special rules to be posted. Inspector to furnish printed copies of rules. Cost.

(10.) INSPECTORS— EXAMINING BOARD, &C. 275. Governor to appoint board of examiners. Qualifications of members. Duties. be prepared. Oath of members. 276. Meeting of board. When questions, &c., to

277. How examinations to be conducted. Board to certify names to governor and mail this to secretary of commonwealth. Minimum percentage.

278. Qualifications of candidates for inspector. Examining board to furnish copy of all questions.

279. Board may divide the bituminous coal regions into inspection districts.

280. Compensation of board. Governor to commission an inspector on each district. Highest candidate to have priority.

281. Vacancy in office of inspectors. Vacancy in examining board.

282. Salary of inspectors. Office. Inspector to procure instruments, &c.

283. Instruments, &c., to be the property of the state. Inspectors to be allowed all legal expenses. 284. Bond of inspectors. Manager or agent not to act as inspector.

285. Duties of inspectors.

286. Posting of report of the condition of mine. Contents of report.

287. Upon the absence of inspector, court to appoint a competent person to fill vacancy.

(11.) INSPECTORS' POWERS, &C.

288. To have the right to enter any bituminous mine to make examinations. Procedure where he finds mine in a dangerous condition.

(12.) INQUESTS, &C.

289. Coroner to be notified if loss of life occurs. 290. Inspector to be notified if inquest is held. Jury not to be interested.

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(23.) DUTIES OF DRIVERS.

324. Upon leaving trip.

325. To have cars under control.

326. Not to permit cars to obstruct the ventilating

current.

(24.) DUTIES OF TRIP RIDERS OR RUNNERS. 327. Hitchings and couplings.

(25.) DUTIES OF ENGINEER.

328. To watch his engine and machinery. 329. To know signals.

330. To exclude unauthorized persons from engine house.

331. To keep engine under control. 332. Duty of locomotive engineer.

(26.) DUTIES OF FIREMEN.

333. To keep careful watch of boilers.
(27.) DUTIES OF FAN ENGINEER.

334. Speed of fan. Notice to foreman in case of accident.

(28.) DUTIES OF FURNACE MEN.

335. Furnace man to attend to his duties with regularity. 336. To keep a clear, brisk fire. 337. To obey the foreman.

(29.) DUTIES OF HOOKERS-ON.

338. Coupling. Safety catches.

(30.) DUTIES OF CAGERS.

339. Cager at bottom of shaft not to withdraw car until cage comes to rest.

340. Headman and footman.

341. Tools not to be placed in cage when persons are being hoisted or lowered.

342. Ascent of horse or mule in shaft.

(31.) DUTIES OF TOPMAN.

343. To close safety block as soon as cars have reached landing. To inspect machinery daily.

344. To see that the springs or keeps for the cage are kept in good order. Not to permit material to fall down shaft.

345. To be at his proper place until all persons are hoisted. To personally attend to signals.

346. Tools not to be placed in same cage with men or boys.

347. Descent of horse or mule in shaft.

(32.) GENERAL RULES.

348. Treatment of injured persons. Monthly reports of accidents.

349. Unauthorized persons not to enter mines. 350. Nor intoxicated persons.

351. Foreman to be notified of unsafe condition of any part of mine.

352. Foreman to be satisfied that blaster is qual

ified.

353. Safety blocks to be constructed.

354. Examination of working places.

355. Travelling to or from work on incline plane prohibited.

356. Destroying notices, signals, &c.

357. Powder in mine.

358. Powder in tipple or weighing office.

359. Tampering with signal wires.

360. Hoisting or lowering persons in shaft.
361. New workmen to be informed of rules.
362. Nuisance must not be committed.
363. Key for safety lamps.

364. Fencing abandoned slope.

365. Who shall have safety lamp in mine.

366. Riding on loaded or empty cars. Transportation of tools.

367. Riding of full cars.

368. Coal dust to be sprinkled.

369. Bore-holes in clay veins, &c.

370. Engineer must be sober and competent.

371. Notice of firing of blast.

372. Topman and cagery to be appointed.

373. Handling of powder.

374. Brushing of gas not allowed.

375. Ignited gas. Gas blowers.

376. Ventilating fans.

377. Clothing becoming wet in mine.

378. Signals to be used in shafts or slopes.

379. No person to go into any old shaft or aban

doned mine.

380. Steam pipes in hauling or travelling ways. 381. Ventilation where locomotive is used.

382. Mining out pillars.

(33.) PENALTIES.

383. Certain acts declared to be misdemeanors. 384. Penalty for neglect or refusal to perform duties required by any section of act.

385. Action for injury occasioned by violation of act by owner.

(34.) DEFINITION OF TERMS. 386. "Coal mine."

9 May 1889. P. L. 154.

of entombed miners.

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I. Entombed miners.

1. Whenever any workman or workmen shall heretofore have been, or shall hereafter be enclosed, entombed or buried in any coal mine in this commonwealth, Recovery of bodies it shall be the duty of the court, sitting in equity, in the county wherein such workman or workmen are enclosed, entombed or buried, upon the petition of any of the relatives of those enclosed, entombed or buried, to make an order of court for the petitioner to take testimony, in order that the court may ascertain whether such workman or workmen, or the body or bodies of such workman or workmen, can be recovered or taken out of said mine. If, after full hearing, (d) it shall appear to the court that such undertaking is feasible or practicable, said court may forthwith issue a peremptory mandamus to the owner or owners, lessee or lessees, operator or operators of such coal company, to forthwith proceed to work for and recover and take out the body or bodies of such workman or workmen, and said court shall have full authority to enforce such peremptory mandamus in the manner already provided for the enforcement of such process.

Mandamus to owner.

9 May 1889 § 1. P. L. 142.

Miners to have

a certificate of competency.

Ibid. § 2.

boards.

Term of service.

II. Examination of miners.

2. Hereafter no person whomsoever shall be employed, or engaged, in the anthracite coal region of this commonwealth as a miner in any anthracite coal mine, without having obtained a certificate of competency and qualification so to do, from the "miners' examining board" of the proper district, and having been duly registered as herein provided.

3. There shall be established, in each of the inspection districts in the anthracite coal region, a board to be styled the "miners' examining board" of the Miners' examining district, to consist of nine persons, who shall be appointed by the president judge of the proper county, from among the most skilful miners actually engaged in said business in their respective districts, and who must have had five years' practical experience in the same, three of whom to serve one year, three two years and three five years, and thereafter annually three to serve for the term of three years. The said persons, so appointed, shall be and constitute the "miners' examining board" for their respective districts and shall hold the office for the term for which they were appointed, or until their successors are duly appointed and qualified, and shall receive as compensation for their services three dollars per day for each day actually engaged in this service and all legitimate and necessary expenses incurred in attending the meetings of said board, under the provisions of this act, and no part of the salary of said board, or expenses thereof, shall be paid out of the state treasury.

Compensation.

Ibid. Organization.

Ibid.

Members to be sworn.

Ibid.

Vacancies.
Ibid. § 3.

4. Each of said boards shall organize by electing one of their members secretary, and by dividing themselves into three sub-committees for the more convenient discharge of their duties; each of said committees shall have all the powers hereinafter conferred upon the board, and whenever in this act the words examining board are used, they shall be taken to include any of the committees thereof.

5. Every member of said board shall, within ten days of their appointment or being apprised of the same, take and subscribe an oath or affirmation, before a properly qualified officer of the county in which they reside, that they will faithfully and impartially discharge the duties of their office.

6. Any vacancies occurring in said board shall be filled in the manner hereinbefore provided, from among such as are eligible for original appointment.

7. Each of said examining boards shall designate some convenient place within their districts for the meetings of the several committees thereof, of which due notice shall be given, by advertisement in two or more newspapers of the proper committees' meet- county, and so divided as to reach, as nearly as practicable, all the mining districts

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8. Each of said committees shall open, at the designated place of meeting, a book of registration, in which shall be registered the name and address of each and every person duly qualified under this act to be employed as a miner in an anthracite coal mine. And it shall be the duty of all persons now employed as miners, or who shall hereafter desire to be so employed, to apply to said board and be registered as such within ninety days thereafter; application for registration only

(d) This act contemplates a full hearing with notice. The court will appoint a commissioner to take testimony. Malitsky's Petition, 6 Kulp 6.

may be sent by mail to the board after being properly attested before any person authorized to administer an oath or affirmation in the county in which the applicant resides. (e) The form of application shall be subject to such regulation as may be prescribed by the boards, but in no case shall any applicant be put to any unnecessary expense in order to secure registration.

9 May 1889 § 3.

P. L. 142.

Ibid. § 4.

Fee for registra

9. The said board shall be entitled to demand and receive from each applicant for examination and registration and for the certificate, herein and after provided, a fee not exceeding fifty cents, and for registration only, a fee not to tion. exceed twenty-five cents, and a like fee of twenty-five cents for registering any person who shall have been examined and registered by any other said board, and the amount derived from this source shall be held by said boards and be applied to the expenses and salaries herein provided, and such as may arise under the provisions of this act; and the said boards shall report annually to Reports of the court of common pleas of their respective counties and the bureau of statis-miners' examintics, all moneys received and disbursed under the provisions of this act, together ing boards." with the number of miners examined and registered under this act and the number who failed to pass the required examination.

Ibid. § 5.

Duties of boards.
Examination of

10. It shall be the duty of each of said boards to meet at least once every month at such places as they may deem expedient, and examine all persons who shall desire to be employed as miners in their respective districts, and the said boards shall grant to such persons as may be qualified, certificates of compe- miners. tency or qualification, which shall entitle the holder thereof to be employed as, and do the work of, miners as may be expressed in the said certificate, and such Certificates of certificate shall be good and sufficient evidence of registration and competency competency. under this act, and the holder thereof shall be entitled to be registered without examination in any other of the anthracite districts, upon the payment of the fee herein provided.

Ibid.

11. All persons applying for examination for a certificate of competency, or to entitle them to be employed as miners, must produce satisfactory evidence of Two years' experihaving had not less than two years' practical experience as a mine laborer.

ence required.

ing certificates to

12. No person shall hereafter engage as a miner in any anthracite coal mine Ibid. § 6. without having obtained such certificate as aforesaid. And no person shall employ any person as a miner who does not hold such certificate as aforesaid, and Only persons holdno mine foreman or superintendent shall permit or suffer any person to be em- be employed. ployed under him, or in the mines under his charge and supervision, as a miner, who does not hold such certificate.

13. Any person who shall violate or fail to comply with the provisions of this Ibid. act shall be guilty of a misdemeanor, and on conviction thereof, in the court of Violation a misquarter sessions, shall be sentenced to pay a fine not exceeding one hundred dollars.

demeanor.

Penalty.

14. All persons who shall be actually engaged as miners at the time of the Ibid. § 7. passage of this act, shall be entitled to registration without examination, upon Persons now emproducing satisfactory proof that they have been employed in an anthracite mine ployed may regisin this commonwealth.

ter without examination.

Ibid. § 8.

15. It shall be the duty of the several miners' examining boards to investigate all complaints or charges of non-compliance or violation of the provisions Duty of "miners' of this act, and prosecute all persons so offending, whenever there shall appear to the board reasonable ground for such action.

16. All acts and parts of acts inconsistent herewith be and the same are hereby repealed.

III. Wages of miners.(g)

examining

boards" to enforce this act. Ibid. § 9. Repealing clause.

P. L. 52.

spective of size.

17. Any miner employed by an individual, firm or corporation for the purpose 1 June 1888 § 1. of mining coal, shall be entitled to receive from his employer, and failing to receive, then to collect, by due process of law, at such rates as may have been agreed upon Miners to be paid between the employer and the employed, full and exact wages accruing to him for for the quantity of the mining of all sizes of merchantable coal so mined by him, whether the same coal mined, irreshall exist in the form of nut or lump coal; and in the adjudication of such wages, Standard weight seventy-six pounds shall be deemed one bushel, and two thousand pounds net, shall and measure. be deemed one ton of coal: Provided, That nothing contained in this act shall be Contracts for construed to prevent operators and miners contracting for any method of measur- measuring. ing and screening the coal mined by such miners, as they may contract for. 18. At every bituminous coal mine in this commonwealth, where coal is mined Ibid. § 2. by measurement, all cars, filled by miners or their laborers, shall be uniform in Cars to be of uniform capacity. capacity at each mine; no unbranded car or cars shall enter the mine for a longer To be branded by period than three months, without being branded by the mine inspector of the mine inspector.

(e) A false affidavit to an application is indictable as perjury. Commonwealth v. Wallick, 6 Kulp 11.

(9) The act 29 June 1881, P. L. 147, providing that miners shall be paid in money of cash orders only, and that settlements shall be made at least once a month, was held to be unconstitutional in Godcharles v. Wigeman, 113 P. S. 431. See Kettering v. Coal Co., 32

P. L. J. 359. Schlosser v. Iron Co., 1 L. V. K. 6. The act 20 May 1891, P. L. 97, provides for semi-monthly payments. See tit. "Wages." That act applies only to laborers engaged in the business of mining or manufacturing. Commonwealth v. Marsh, 14 C. C.

369.

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