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P. L. 52.

Penalty for violation.

Duties of mine inspector.

1 June 1883 § 2. district, wherein the mine is situated; and any owner or owners, or their agents, violating the provisions of this section, shall be subject to a fine of not less than one dollar per car, for each and every day, as long as the car is not in conformity with this act; and the mine inspector of the district where the mine is located, on receiving notice from the check-measurer or any five miners working in the mine, that a car or cars are not properly branded, or not uniform in capacity, according to law, are used in the mine where he or they are employed, then, inside of three days from the date of receiving said notice, it shall be his duty to enforce the provisions of this section, under penalty of ten dollars for each and every day he permits such car or cars to enter the mine: Provided, That nothing contained in this section shall be construed or applied to those mines who (that) do not use more than ten cars.

Exceptions.

Ibid. § 3.

Check-weighman

19. At every bituminous coal mine in this commonwealth, where coal is mined by weight or measure, the miners, or a majority of those present at a meeting and measurer may called for that purpose, shall have the right to employ a competent person as be employed. check-weighman, or check-measurer, as the case may require, who shall be permitted at all times to be present at the weighing or measurement of coal, also have power to weigh or measure the same, and during the regular working hours, to have the privilege to balance and examine the scales, or measure the cars: Provided, That all such balancing and examination of scales shall only be done in such way, and in such time, as in no way to interfere with the regular working of the mines. And he shall not be considered a trespasser during working hours, while attending to the interests of his employers. And in no manner shall he be interfered with or intimidated by any person, agent, owner or miner. And any person violating these provisions shall be held and deemed guilty of a misdemeanor, and upon conviction thereof, he shall be punished by a fine of not less than twenty dollars, and not exceeding one hundred dollars, or imprisonment at the discretion of the court. It shall be a further duty of check-weighman or check-measurer, to credit each miner with all merchantable coal mined by him, on a proper sheet or book to be kept by him for that purpose. When differences arise between the check-weighman or check-measurer and the agent or owners of the mine, as to the uniformity, capacity or correctness of scales or cars used, the same shall be referred to the mine inspector of the district where the mine is located, whose duty it shall be to regulate the same at once; and in the event of said scales or cars proving to be correct, then the party or parties applying for the testing thereof to bear all costs and expenses thereof; but if not correct, then the owner or owners of said mine to pay the costs and charges of making said examination: Provided further, That should any weighman or weighmen, agent or check-measurer, whether employed by operators or miners, knowingly or wilfully adopt or take more or less pounds for a bushel or ton than as provided for in the first section of this act, or wilfully neglect the balancing or examining of the scales or cars, or knowingly and wilfully weigh coal with an incorrect scale, he shall be guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned in the county jail for three months.

Differences to be settled by mine inspector.

Expenses.

Penalties.

18 June 1883 § 1. P. L. 118.

Wilful neglect to pay for all clean coal a misde

meanor.

Ibid. § 2. Punishment. Restitution.

2 June 1891, art. 1. P. L. 176.

Application of act.

2 June 1891, art. 2, § 1. P. L. 176.

20. All individuals, firms and corporations engaged in mining coal in the commonwealth, who, instead of dumping all the cars that come from the mine into a breaker or shutes, shall switch out one or more of the cars for the purpose of examining them, and determining the actual amount of slate or refuse, by removing said slate or refuse from the car, and who shall, after so doing, wilfully neglect to allow the miner in full for all clean coal left after the refuse, dirt or slate is taken out, at the same rate paid at the mine for clean coal, less the actual expense of removing said slate or refuse, [he] shall be deemed guilty of a misde

meanor.

21. Any individual, firm or corporation as aforesaid, violating the provisions of this act, upon suit being brought and conviction had, shall be sentenced by the court to pay a fine of not more than one hundred dollars, and to make restitution by paying to the miner the amount to which, under this act, he would be entitled for the coal mined by him, and for which he was not paid.

IV. Anthracite coal mines.

(1.) Application of act.

22. This act shall apply to every anthracite coal mine or colliery in the commonwealth, provided the said mine or colliery employs more than ten (10) persons.

(2.) Inspectors and inspection districts.

23. The counties of Susquehanna, Wayne, Luzerne, Lackawanna, Carbon, Coal field divided Schuylkill, Northumberland, Columbia, Lebanon and Dauphin, or so much of them as may be included under the provisions of this act, shall be divided into eight (8) inspection districts as follows:

into eight dis

tricts.

Ibid. § 2.

Composition of districts.

24. First. All that portion of the Lackawanna coal field lying northeast of East and West Market streets in the city of Scranton, and of Slocum and Drinker streets

in the borough of Dunmore, including the coal fields of Susquehanna and Wayne 2 June 1891, art. 2,
counties.
§ 2. P. L. 176.

Second. That portion of the Lackawanna coal field in Lackawanna county lying southwest of East and West Market streets in the city of Scranton, and west of Slocum and Drinker streets in the borough of Dunmore.

Third. That portion of the Wyoming coal field situated in Luzerne county, east of and including Plains and Kingston townships.

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Fourth. The remaining portion of the Wyoming coal field west of Plains and Kingston townships, including the city of Wilkes-Barre and the boroughs of Kingston and Edwardsville.

Fifth. That part of Luzerne county lying south of the Wyoming coal field, together with Carbon county.

Sixth. That part of the Schuylkill coal field in Schuylkill county lying north of the Broad Mountain and east of a meridian line through the centre of the borough of Girardville.

Seventh. That part of the Schuylkill coal field in Schuylkill county lying north of the Broad Mountain and west of a meridian line through the centre of the borough of Girardville, together with Columbia, Northumberland and Dauphin

counties.

Eighth. All that part of the Schuylkill coal field in Schuylkill county lying south of the Mahanoy Valley, and the county of Lebanon.

Ibid. § 3.

to be appointed.

25. In order to fill any vacancy that may occur in the office of inspector of mines by reason of expiration of term, resignation, removal for cause or from any other reason whatever, the judges of the court of Lackawanna county shall appoint an Examining boards examining board for the counties of Susquehanna, Wayne and Lackawanna, and Lackawanna. the judges of the court of Luzerne county shall appoint an examining board for Luzerne. the counties of Sullivan, Carbon and Luzerne, and the judges of Schuylkill county Schuylkill. shall appoint an examining board for the counties of Schuylkill, Northumberland, Lebanon, Columbia and Dauphin.

Ibid. § 4.

See repeal
26 June 1895,

P. L. 347,
Supp. 2598.

26. The said board of examiners shall be composed of three reputable coal miners in actual practice and two reputable mining engineers, all of whom shall be ap- Qualifications. pointed at the first term of court in each year, to hold their places during the year. Term. Any vacancies that may occur in the board of examiners shall be filled by the court Vacancies. as they occur. The said board of examiners shall be permitted to engage the Clerk. services of a clerk, and they, together with the clerk, shall each receive the sum of Compensation and five dollars per day for every day they are actually engaged in the discharge of mileage. their duties under their appointment, and mileage at the rate of six cents per mile from their home to the place of meeting and return by the nearest practicable railway route.

Ibid. § 5.

27. Whenever candidates for the office of inspector are to be examined, the said examiner shall give public notice of the fact in not more than five papers published Notice of meeting. in the inspection district, and at least two weeks before the meeting, specifying the time and place where such meeting shall be held. The said examiners shall be To be sworn. sworn to a faithful discharge of their duties, and four of them shall agree in their Four must agree. recommendation of all candidates to the governor who have answered ninety per centum of the questions; the names of the applicants, the questions asked and answered thereto shall be sent to the secretary of the commonwealth, and published in at least two local papers, daily or weekly, and shall recommend only such applicants as they find qualified for the office.

Ibid.

Failure to agree.

Ibid.

28. Should the board of examiners not be able to agree in their selection and recommendation of a candidate, the judges of the court of common.pleas shall dissolve the said board and appoint a new board of like qualifications and powers. 29. Upon the recommendation of the board of examiners as aforesaid, the governor shall appoint such person or persons to fill the office of inspector of mines under this act, and shall issue to him a commission for the term of five years, sub- Governor to apject, however, to removal for neglect of duty or malfeasance in office as hereinafter For five years. provided for.

point inspectors.

Ibid § 6.

inspector.

30. The person so appointed must be a citizen of Pennsylvania and shall have attained the age of thirty years. He must have a knowledge of the different systems of working coal mines, and he must produce satisfactory evidence to the board Qualifications of of examiners of having had at least five (5) years' practical experience in anthracite coal mines of Pennsylvania. He must have had experience in coal mines where noxious and explosive gases are evolved.

Ibid.

31. Before entering upon the duties of his office he shall take an oath or affirmation before an officer properly qualified to administer the same, that he will per- Must be sworn or form his duties with fidelity and impartiality; which oath or affirmation shall be affirmed. filed in the office of the prothonotary of the county. He shall also provide himself Shall have modern with the most modern instruments and appliances for carrying out the intentions instruments. of this act.

32. The salary of each of the said inspectors shall be three thousand dollars per annum, which salary, together with the expenses incurred in carrying into effect the provisions of this act, shall be paid by the state treasurer out of the treasury of the commonwealth upon the warrant of the auditor-general.

Ibid. § 7.

Salary.

2 June 1891, art. 2, § 8. P. L. 176. Deputy.

Ibid. § 9. Residence.

Ibid.

Shall examine collieries.

Attend every inquest.

Annual report.

tricts.

Ibid. § 10.

33. In case the inspector becomes incapacitated to perform the duties of his office for a longer period than two weeks, it shall be the duty of the judges of the court of common pleas to deputize some competent person recommended by the board of examiners to fill the office of inspector until the said inspector shall be able to fulfil the duties of his office, and the person so appointed shall be paid in the same manner as is provided for the inspector of mines.

34. Each of the said inspectors shall reside in the district for which he is appointed, and shall give his whole time and attention to the duties of the office. 35. He shall examine all the collieries in his district as often as his duties will permit or as often as the exigencies of the case or the condition of the mines require it; see that every necessary precaution is taken to secure the safety of the workmen and that the provisions of this act are observed and obeyed; attend every inquest held by the coroner, or his deputy, upon the bodies of persons killed in or about the collieries in his district; visit the scene of the accident for the purpose of making an examination into the particulars of the same whenever loss of life or serious personal injury occurs as elsewhere herein provided for, and make an annual report of his proceedings to the secretary of internal affairs of the commonwealth at the close of every year, enumerating all the accidents in and about the collieries of his district, marking in tabular form those accidents causing death or serious personal injury, the condition of the workings of the said mines with regard to the safety of the workmen therein and the ventilation thereof, and the result of his labors generally shall be fully set forth.

36. The board of examiners, each for its respective district as hereinbefore Board of examiners provided for, in order to divide more equitably among the several mine inspectors may readjust dis- the labor to be performed and the territory to be covered by them in the performance of the duties of the office, may, at any time when they shall deem it desirable or necessary, readjust the several districts by the creation of new boundary lines, thereby adding to or taking from, as the case may be, the districts as at present bounded and described, if the court having jurisdiction approve the same. And in case it shall be deemed desirable or necessary to readjust any contiguous district, comprised by more than one judicial district, by the creation of new boundary lines, then in such case the examining boards of the territory affected or requiring such adjustment, shall, in joint session, make such change or readjustment as they shall jointly agree upon, if the nearest court having jurisdiction to the territory affected to whom the said joint examining boards shall submit the matter, shall approve the same.

Ibid. § 11.

Inspector to enter and inspect all mines.

Ibid.

37. The mine inspector shall have the right, and it is hereby made his duty, to enter, inspect and examine any mine or colliery in his district and the workings and machinery belonging thereto, at all reasonable times, either by day or night, but not so as to impede or obstruct the working of the colliery, and shall have power to take one or more of his fellow inspectors into or around any mine or colliery in the district for which he is appointed, for the purpose of consultation or examination.

38. He shall also have the right, and it is hereby made his duty, to make inquiry into the condition of such mine or colliery workings, machinery, ventilation, drainTo inquire into the condition of mine, age, method of lighting or using lights and into all matters and things connected or colliery. with or relating to, as well as to make suggestions providing for the health and safety of persons employed in or about the same, and especially to make inquiry whether the provisions of this act have been complied with.

Ibid.

Owners to afford facility.

Ibid.

Record of visit.

Ibid. § 12.

Inspector not to be pecuniarily interested in

colliery.

Ibid. § 18.

petency, &c.

Removal.

39. The owner, operator or superintendent of such mine or colliery is hereby required to furnish the means necessary for such entry, inspection, examination, inquiry and exit.

40. The inspector shall make a record of the visit, noting the time and material circumstances of the inspection.

41. No person who shall act or practise as a land agent or as the manager or agent of any coal mine or colliery, who is pecuniarily interested in operating any coal mine or colliery in his district, shall, at the same time, hold the office of inspector of mines under this act.

42. Whenever a petition signed by fifteen or more reputable coal operators or miners, or both, setting forth that any inspector of mines neglects his duties, Charges of incom- or is incompetent, or is guilty of malfeasance in office, it shall be the duty of the court of common pleas of the proper county to issue a citation in the name of the commonwealth to the said inspector to appear at not less than five days' notice, on a day fixed, before said court, and the court shall then proceed to inquire into and investigate the allegations of the petitioners. If the court find that the said inspector is neglectful of his duties or that he is incompetent to perform the duties of the office, for any cause that existed previous to his appointment or that has arisen since his appointment, or that he is guilty of malfeasance in office, the court shall certify the same to the governor of the commonwealth, who shall declare the office of inspector for the district vacant and proceed, in compliance with the provisions of this act, to appoint a properly qualified person to fill the office.

Ibid.

43. The cost of said investigation shall be borne by the removed inspector;

but if the allegations in the petition are not sustained the costs shall be paid by 2 June 1891, art. 2, the petitioners.

§ 13. P. L. 176. Costs of investiga

44. The maps and plans of the mines and the records thereof, together with tion. all the papers relating thereto, shall be kept by the inspector, properly arranged Ibid. § 14. and preserved, in a convenient place in the district for which each inspector has been appointed, and shall be transferred by him, with any other property of the plans, and records. commonwealth that may be in his possession, to his successor in office.

Duties as to maps,

45. The persons who, at the time this act goes into effect, are acting as in- Ibid. § 15. spectors of mines under the acts hereby repealed, shall continue to act in the Present inspectors same manner as if they had been appointed under this act, and until the term for to continue in which they were appointed has expired.

(3.) Surveys, maps and plans.

office.

exhibit.

46. The owner, operator or superintendent of every coal mine or colliery shall 2 June 1891, art. 8, § 1. P. L. 176. make, or cause to be made, an accurate map or plan of the workings or excavations of such coal mine or colliery, on a scale of one hundred feet to the inch, which Map or plan to be made by owners. map or plan shall exhibit the workings or excavations in each and every seam What it shall of coal and the tunnels and passages connecting with such workings or excavations. It shall state in degrees the general inclination of the strata with any material deflection therein in said workings or excavations, and shall also state the tidal elevations of the bottom of each and every shaft, slope, tunnel and gangway, and of any other point in the mine or on the surface where such elevation shall be deemed necessary by the inspector. The map or plan shall show the number of the last survey station and date of each survey on the gangways or the most advanced workings. It shall also accurately show the boundary lines of the lands of the said coal mine or colliery and the proximity of the workings thereto, and in case any mine contains any water dammed up in any part thereof, it shall be the duty of the owner, operator or superintendent to cause the true location of the said dam to be accurately marked on said map or plan, together with the tidal elevation, inclination of strata and area of said workings containing water, and whenever any workings or excavations is approaching the workings where such dam of water is contained or situated, the owner, operator or superintendent shall notify the inspector of the same without delay.

Ibid.

47. A true copy of which map or plan the said owner, operator or superintendent shall deposit with the inspector of mines for the district in which the One copy of map said coal mine or colliery is situated, showing the workings of each seam, if so to inspector. desired by the inspector, on a separate sheet of tracing muslin. One copy of One at colliery. the said map or plan shall be kept at the colliery.

Ibid. § 2.

48. The said owner, operator or superintendent shall, as often as once in every six months, place, or cause to be placed, on the said inspector's map or Changes on maps. plan of said coal mine or colliery, the plan of the extensions made in such coal mine or colliery during the preceding six months. The said extensions shall be placed on the inspector's map and the map returned to the inspector within two months from the date of the last survey.

Ibid. § 3.

Upon abandon

49. When any coal mine or colliery is worked out preparatory to being abandoned, or when any lift thereof is about to be abandoned, the owner, operator or superintendent of such coal mine or colliery shall have the maps or plans ment. thereof extended to include all excavations, as far as practicable, and such portions thereof as have been worked to the boundary lines of adjoining properties; or any part or parts of the workings of which is intended to be allowed to fill with water, must be surveyed in duplicate and such surveys must practically agree, and certified copies be filed with the inspector of the district in which the mines are situated.

Ibid. § 4.

50. Whenever the owner, operator or superintendent of any coal mine or colliery shall neglect or refuse, or from any cause not satisfactory to the inspector, shall Neglect of owner fail for a period of three months, to furnish to the inspector the map or plan of said to make map. colliery or of the extensions thereto, as provided for in this act, the inspector is Inspector to make hereby authorized to cause an accurate map or plan of such coal mine or colliery maps and recover to be made at the expense of the owner thereof, which cost shall be recoverable from said owner as other debts are by law recoverable.

costs from owner.

Ibid. § 5.

51. If the inspector finds or has reason to believe that any map or plan of any coal mine or colliery, furnished under the provisions of this act, is materially when court may inaccurate, it shall be his duty to make application to the court of common pleas order correct map. of the county in which such colliery is situate for an order to have an accurate map or plan of said colliery prepared, and if such survey shall prove that the map furnished was materially inaccurate or imperfect, such owner, operator or superin- Expenses. tendent shall be liable for the expense incurred in making the same.

52. If it shall be found that the map or plan furnished by the owner, operator

Ibid. § 6.

or superintendent was not materially inaccurate or imperfect, the commonwealth When state shall shall be held liable for the expense incurred in making said test survey. 53. If it shall be shown that the said owner, operator or superintendent has knowingly or designedly caused or allowed such map or plan, when furnished, to

pay for map.

Ibid. § 7.

2 June 1891, art. 3, be incorrect or false, such owner, operator or superintendent thus offending, shall $ 7. P. L. 176.

Penalty for fur

nishing incorrect

Ibid. § 8.

map.

Property of the

state.

Copies.

Ibid. § 9.

Miners may inspect map.

Or interested citi

zen.

Ibid. § 10.

Adjoining owner

coal in each seam along the line of adjoining property. Width of pillar.

be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding three months, at the discretion of the court.

54. The maps or plans of the several coal mines or collieries in each district and which are placed in the custody of the inspector, shall be the property of the commonwealth, and shall remain in the care of the inspector in the district in which the said collieries are situated, to be transferred by him to his successor in office; and in no case shall a copy of the same be made without the consent of the owner, operator or superintendent.

55. The inspector's map or plan of any particular colliery shall be open for inspection, in the presence of the inspector, to any miner or miners of that colliery, whenever said miner or miners shall have cause to fear that his or their working place or places is becoming dangerous, by reason of its proximity to other workings which may be supposed to contain water or dangerous gases. Said map shall also be open to the inspection and examination of any citizen interested, during business hours.(h)

56. It shall be obligatory on the owners of adjoining coal properties to leave, or cause to be left, a pillar of coal in each seam or vein of coal worked by them, shall leave pillar of along the line of adjoining property, of such width, that taken in connection with the pillar to be left by the adjoining property owner, will be a sufficient barrier for the safety of the employés of either mine in case the other should be abandoned and allowed to fill with water; such width of pillar to be determined by the engineers of the adjoining property owners, together with the inspector of the district in which the mine is situated, and the surveys of the face of the workings along such pillar shall be made in duplicate and must practically agree. A copy of such duplicate surveys, certified to, must be filed with the owners of the adjoining properties and with the inspector of the district in which the mine or property is situated.

2 June 1891, art. 4, § 1. P. L. 176.

Two openings from every lift.

Need not belong to same mine.

(4.) Shafts, slopes, openings and outlets.

57. It shall not be lawful for the owner, operator or superintendent of any mine to employ any person or persons in such mine or permit any person or persons to be in such mine for the purpose of working therein, unless they are in connection with every seam or stratum of coal; and from every lift thereof, worked in such mine, not less than two openings or outlets separated by a strata of not less than sixty (60) feet in breadth underground, and one hundred and fifty (150) feet in breadth at the surface, at which openings or outlets safe and distinct means of ingress and egress are at all times available for the person or persons employed in the said mine, but it shall not be necessary for the said two openings to belong to the same mine if the persons employed therein have safe, ready and available means of ingress and egress by not less than two openings. When not to apply. This section shall not apply to opening a new mine or to opening any new lift of a mine, while being worked for the purpose of making communication between said two outlets, so long as not more than twenty persons are employed at any one time in such mine or new lift of a mine, neither shall it apply to any mine or part of a mine in which the second outlet has been rendered unavailable by reason of the final robbing of pillars previous to abandonment, so long as not more than twenty persons are employed therein at any one time. The cage or cages and other means of egress shall, at all times, be available for the persons employed where there is no second outlet.

Cages may be used.

Ibid. § 2.

Shafts upon intervening lands.

Viewers.

58. The owner, operator or superintendent of any mine to which there is only one shaft, slope or outlet may petition the court of common pleas in and for the county in which such mine is situated, which said court is hereby empowered to act in the premises, setting forth that, in consequence of intervening land between the working of his mine and the most practicable point, or the only practicable point, as the case may be, at which to make or bring to the surface from the working of his mine, he is unable to make an additional shaft, slope or outlet in accordance with the requirements of this act, whereupon the court may make an order of reference and appoint three disinterested persons, residents of the county, viewers, one or more of whom shall be a practical mining engineer, all of whom, after being sworn to a faithful discharge of their duties, shall view and examine the premises and determine as to whether the owner should have the privilege of making an additional outlet through or upon any intervening lands, as the case may require, and report in writing to the court, which report shall be entered and filed of record. If the finding of the viewers, or any two of them, is in favor of the owner of such coal mine or colliery, he may make an additional shaft, slope or outlet under, through or upon intervening lands, as may be determined upon and provided for When unfavorable. by the award. If the finding of the viewers is against the owner, or if no award be made by reason of any default or neglect on the part of the owner, he shall be

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