necessary that a coroner's inquest shall be held, he shall notify the coroner to 2 June 1891, art. 13, hold such inquest without delay, and if no such inquest be held by the coroner § 2. P: L. 176. within twenty-four (24) hours after such notice the inspector shall institute a Coroner to be further and fuller examination of such accident, and for this purpose he shall notified. have power to compel the attendance of witnesses at such examination and to Investigation by administer oaths and affirmations to persons testifying thereat. The inspector inspector. shall make a record of all such investigations and accidents, which record shall be preserved in his office. The costs of such investigation shall be paid by the county Costs. in which the accident occurred in like manner as costs of inquests held by coroners or justices of the peace are now paid. Record. Ibid. § 3. Coroner to ad 199. An inquest held by the coroner upon the body of a person killed by explosion or other accident shall be adjourned by the coroner if the inspector of mines be not present to watch the proceedings, and the coroner in such case shall notify journ inquest if the inspector, in writing, of such adjourned inquest, and the time and place of inspector is not holding the same, at least three (3) days previous thereto. present. 200. Due notice of an intended inquest to be held by the coroner shall be Ibid. § 4. given by the coroner to the inspector, and at any such inquest the inspector Notice of inquest. shall have the right to examine witnesses. Ibid. § 5. 201. If, at the inquest held over the body or bodies of persons whose death was caused by an accident in or about a mine or colliery, the inspector be not If accident occur present, and it is shown by the evidence given at the inquest that the accident from neglect was caused by neglect or by any defect in or about the mine or colliery, which, in coroner shall the judgment of the jury, requires a remedy, the coroner shall send notice, in writ- notify inspector. ing, to said inspector of such neglect or default. Ibid. § 6. Qualifications of 202. No person who is interested personally, nor a person employed in the mine or at a colliery in or at which loss of life has occurred by accident, shall be qualified to serve on a jury impannelled on the inquest, and a constable or jurors. other officer shall not summons such a person so disqualified as juror, but the coroner shall impannel a majority of the jury from miners who are qualified to judge of the nature of the accident; every person who fails to comply with the provisions of this article shall be guilty of an offence against this act. (14.) Returns, notices, &c. Notices of death, &c., to be sent to inspector. 203. Notices of deaths or serious injuries resulting from accidents in or about 2 June 1891, art. 14, mines or collieries, shall be made to the inspector of mines, in writing, and shall $1. P. L. 176. specify the name, age and occupation of the person killed or injured, and also the nature and character of the accident and of the injury caused thereby. 204. The owner, operator or superintendent of a mine or colliery, shall, without delay, give notice to the inspector of the district in which said mine or colliery is situated in any or all of the following cases: First. Where any working is commenced for the purpose of opening a new slope or mine to which this act applies. Second. Where any mine is abandoned or the workings thereof discontinued. Third. Where the working of any mine is recommenced after any abandonment or discontinuance for a period exceeding three months. Fourth. Where any new coal breaker is completed and work commenced therein for the purpose of preparing coal for market. Fifth. Where the pillars of a mine are to be removed or robbed. Sixth. Where a squeeze or crush or any other cause or change may seem to affect the safety of persons employed in any mine, or where fire occurs or a dangerous body of gas is found in any mine. Ibid. § 2. Notice of owner to inspector. Ibid. § 3. owner to inspec 205. On or before the first day of February in each year, the owner, operator or superintendent of every mine or colliery, shall send to the inspector of the district, a correct report specifying with respect to the year ending December thirty- Annual report by first, previously, the name of the operator and officials of the mine, with his tor. post-office address; the quantity of coal mined; the amount of powder or other explosives consumed; the number of persons employed above and below ground in or about such colliery, classifying the persons so employed. The report shall be in such form as may be from time to time prescribed by the inspector of the district. Blank forms for said report shall be furnished by the commonwealth. (15.) Injunctions. mines. 206. Upon application of the inspector of mines of the proper district, acting in 2 June 1891, art. 15, behalf of the commonwealth, any of the courts of law or equity having jurisdiction $1. P. L. 176. where the mine or colliery proceeded against is situated, whether any proceedings Court may restrain have or have not been taken, shall prohibit, by injunction or otherwise, the work- the working of ing of any mine or colliery in which any person is employed or is permitted to be for the purpose of working, in contravention of the provisions of this act, and may award such costs in the matter of the injunction or other proceedings as the court Costs. may think just; but this section shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this act. Written notice of the intention to apply for such injunction in respect to any mine or colliery, shall be 2 June 1891, art. 15, made to the owner, operator or superintendent of such mine or colliery not less § 1. P. L. 176. than twenty-four (24) hours before the application is made. 24 hours' notice. 2 June 1891, art. 16, § 1. P. L. 176. When arbitration may be had. Arbitrators, how 2 June 1891, art. 17, § 1. P. L. 176. sessions to hear complaint of citizen. (16.) Arbitration. 207. Whenever an inspector finds any mine or colliery or part thereof, or any matter, thing or practice connected with such mine which in any respect thereof is not covered by or provided against by any provision of this act or by any rule, to be dangerous or defective, or in his judgment tends to bodily injury to a person, he shall give notice thereof in writing to the owner, operator or superintendent of such mine or colliery, stating in such notice the particular matter or defect requiring remedy and may demand that the same be remedied; but the owner, operator or superintendent of said mine or colliery shall have the right to refer the demand of the inspector to a board of arbitration, and the matter shall then be arbitrated within forty-eight (48) hours of the time such complaint or demand be made. And the party against whom the award is given shall pay all cost attending the case. The said board of arbitration shall be composed of three (3) persons, one of whom shall be chosen by the inspector, one by the said owner, operator or superintendent, and the third by the two thus elected, and the decision of a majority of such board shall be final and binding in the matter. (17.) Penalties. 208. Any judge of the court of quarter sessions of the peace of the county in which the mine or colliery, at which the offence, act or omission as hereinafter Judge of quarter stated has occurred, is situated, is hereby authorized and required, upon the presentation to him of the affidavit of any citizen of the commonwealth setting forth that the owner, operator or superintendent, or any other person employed in or about such mine or colliery had been negligently guilty of an offence against the provisions of this act, whereby a dangerous accident had resulted or might have resulted to any person or persons employed in such mine or colliery, to issue a warrant to the sheriff of said county directing him to cause such person or persons to be arrested and brought before said judge, who shall hear and determine the guilt or innocence of the person or persons so charged; and if convicted he or they shall be sentenced to pay a fine not exceeding five hundred dollars, in all cases not otherwise provided for in this act, or an imprisonment in the county jail for a period not exceeding three (3) months, or both, at the discretion of the Warrant. Penalty. Ibid. Defendant may demand trial by jury. Recognizance. Ibid. § 2. Appeal from conviction before judge. Ibid. § 3. Not a bar to indictment. Ibid. § 4. Offences, misde meanors. Penalty. Ibid. § 5. Violation by mine Ibid. § 6. Disposition of fines. Ibid. § 7. court. 209. Any defendant may waive a trial before a judge as herein provided and at any time, at or before the time of such trial, demand a trial by a jury in the court of quarter sessions, in which case he may enter into a recognizance before said judge with such surety or sureties and in such sum as said judge may approve, conditioned for his appearance at the next court of quarter sessions to answer the charge against him and abide the orders of the court in the premises, meanwhile to be of good behavior and keep the peace, or in default of such recognizance to be committed to the county jail to await such trial. 210. If any person shall feel himself aggrieved by such conviction and sentence before a judge as aforesaid, he may appeal therefrom subject to the following conditions, namely: The appellant shall, within seven days after the decree has been made, give notice to the prosecutor of his intention to appeal, and within the same time enter into a recognizance, with such surety or sureties and in such sum as shall be approved by said judge, conditioned to appear and try such appeal before the next court of quarter sessions of the peace and to abide the judgment of the court thereon, and to pay all such costs and penalties as may be there awarded, and upon the compliance with such conditions the judge shall release the appellant from custody pending the appeal. 211. Nothing in this act shall prevent any person from being indicted or liable under any other act, to any higher penalty or punishment than is herein provided, and if the court before whom any such proceeding is had shall be of the opinion that proceedings ought to be taken against such persons under any other act, or otherwise, he may adjourn the case to enable such proceedings to be taken. 212. All offences under this act are declared to be misdemeanors, and in default of payment of any penalty or cost by the party or parties sentenced to pay the same, he or they may be imprisoned for a period not exceeding three (3) months and not less than thirty (30) days. 213. For any violation of duty by the mine inspector prescribed by this act, he shall be deemed guilty of a misdemeanor, and upon conviction, be sentenced to pay a fine of not more than three hundred dollars or be imprisoned for a period not exceeding three months, or either, or both, at the discretion of the court. 214. All fines imposed under this act shall be paid into the county treasury for the use of the county. 215. No conviction or acquittal under this act, in any complaint, shall be received in evidence upon the trial of any action for damages arising from the 2 June 1891, art. 17, negligence of any owner, operator or superintendent or employé in any mine or $7. P. L. 176. colliery. Conviction or ac in civil 216. That for any injury to person or property occasioned by any violation of quittal and evithis act or any failure to comply with its provisions by any owner, operator, super- action. intendent, mine foreman or fire boss of any coal mine or colliery, a right of action Ibid. § 8. shall accrue to the party injured against said owner or operator for any direct dam- Damages for inages he may have sustained thereby; and in case of loss of life by reason of such juries, &c. neglect or failure aforesaid, a right of action shall accrue to the widow and lineal Right of action in heirs of the person whose life shall be lost, for like recovery of the damages for the case of loss of life. injury they shall have sustained. (18.) Definition of terms. 217. In this act, unless the context otherwise requires, the term "coal mine or 2 June 1891, art. 18. colliery " includes every operation and work, both under ground and above ground, used or to be used for the purpose of mining and preparing coal. 218. The term "workings" includes all the excavated parts of a mine, those abandoned as well as those actually at work. P. L. 176. "Coal mine or colliery." Ibid. Ibid. 219. The term "mine" includes all underground workings and excavations "Workings." and shafts, tunnels and other ways and openings; also all such shafts, slopes, tunnels and other openings in course of being sunk or driven, together with all roads, appliances, machinery and materials connected with the same below the surface. 220. The term "shaft" means a vertical opening through the strata, and which is or may be used for the purpose of ventilation or drainage or for hoisting men or material in connection with the mining of coal. 221. The term "slope " means any inclined way or opening used for the same purpose as the shaft. 222. The term "breaker 66 Mine." Ibid. Shaft." Ibid. "Slope." "Breaker." Ibid. for the preparation of coal. 223. The term "owners" and "operators means any person or body corporate who is the immediate proprietor or lessee or occupier of any coal mine or colliery "Owners and or any part thereof. The term "owner" does not include a person or body corpo- operators." rate who merely receives a royalty, rent or fine from a coal mine or colliery or part thereof, or is merely the proprietor of the mine subject to any lease, grant or license for the working or operating thereof, or is merely the owner of the soil and not interested in the minerals of the mine or any part thereof. tractor" for the working of a mine or colliery or any part or district thereof, shall be subject to this act as an operator or owner, in like manner as if he were the owner. But any 66 con- "Contractor." 224. The term "superintendent " means the person who shall have, on behalf of the owner, general supervision of one or more mines or collieries. 225. All laws or parts of laws inconsistent or in conflict with the provisions of this act are hereby repealed. 226. The operator or superintendent of every bituminous coal mine shall make, 15 May 1898, art. 1, or cause to be made by a competent mining engineer or surveyor, an accurate map § 1. P. L. 52. or plan of such coal mine, not smaller than a scale of two hundred feet to an inch, Map to be made. which map shall show as follows: First. All measurements of said mine in feet or decimal parts thereof. What to be shown Second. All the openings, excavations, shafts, tunnels, slopes, planes, main- on map. entries, cross-entries, rooms, et cetera, in proper numerical order in each opened strata of coal in said mine. Third. By darts or arrows made thereon by a pen or pencil the direction of air currents in the said mine. Fourth. An accurate delineation of the boundary lines between said coal mine and all adjoining mines or coal lands, whether owned or operated by the same operator or other operator, and the relation and proximity of the workings of said mine to every other adjoining mine or coal lands. Fifth. The elevation above mean tide at Sandy Hook of all tunnels and entries, and of the face of working places adjacent to boundary lines at points not exceeding three hundred feet apart. Sixth. The bearings and lengths of each tunnel or entry and of the boundary or property lines. The said map or plan, or a true copy thereof, shall be kept in the general mine office by the said operator or superintendent for use of the mine inspectors and for the inspection of any person or persons working in said mine, whenever said person or persons shall have cause to fear that any working place is becoming dangerous by reason of its proximity to other workings that may contain water or dangerous gas. 15 May 1893, art. 1, § 2. P. L. 52. Map to be cor rected every six 227. At least once in every six months, or oftener if necessary, the operator or superintendent of each mine shall cause to be shown accurately on the map or plan of said coal mine, all the excavations made therein during the time elapsing since such excavations were last shown upon said map or plan; and all parts of said mine which were worked out or abandoned during said elapsed period of time shall be clearly indicated by colorings on said map or plan; and whenever any of the ings completed to Workings or excavations of said coal mine have been driven to their destination, a months. Workings aban doned and work be put on map immediately. Ibid. § 3. Mine inspector to be furnished with map. Inspector to have map corrected. correct measurement of all such workings or excavations shall be made promptly and recorded in a survey book prior to the removal of the pillars or any part of the same from such workings or excavations. 228. The operator or superintendent of every coal mine shall, within six months after the passage of this act, furnish the mine inspector of the district in which said mine is located with a correct copy; on tracing muslin or sun print, of the map or plan of said mine hereinbefore provided for. And the inspector of the district shall, at the end of each year or twice a year if he requires it, forward said map or plan to the proper person at any particular mine, whose duty it shall be to place or cause to be placed on said map or plan all extensions and worked out or abandoned parts of the mine during the preceding six or twelve months, as the case may be, and return the same to the mine inspector within thirty days from the time of receiving it. The copies of the maps or plans of the several coal mines of each district as hereinbefore required to be furnished to the mine inspector shall remain in the care of the inspector of the district in which the said mines are situated, as official records, to be transferred by him to his successor in office; but it is provided made without con- that in no case shall any copy of the same be made without the consent of the operator or his agent. Maps to remain in care of the inspector. Copy not to be sent of owner. Ibid. § 4. If operator fails to If original map wealth to be liable for expense of test survey and map. 15 May 1893, art. 2, § 1. P. L. 52. Where twenty per there must be at least two openings to surface. Where the air shaft is divided 229. If any superintendent or operator of mines shall neglect or fail to furnish to the mine inspector any copies of maps or plans as hereinbefore required by this act, or if the mine inspector shall believe that any map or plan of any coal mine made or furnished in pursuance of the provisions of this act is materially inaccurate or imperfect, then, in either case, the mine inspector is hereby authorized to cause a correct survey and map or plan of said coal mine to be made at the expense of the operator thereof, the cost of which shall be recoverable from said operator as other debts are recoverable by law: Provided, however, That if the map or plan which may be claimed by the mine inspector to be inaccurate shall prove to be correct, then the commonwealth shall be liable for the expense incurred by the mine inspector in causing to be made said test survey and map, and the costs thereof, ascertained by the auditor-general by proper vouchers and satisfactory proofs, shall be paid by the state treasurer upon warrants which the said auditor-general is hereby directed to draw for the same. (2.) Ingress and egress. 230. It shall not be lawful for the operator, superintendent or mine foreman of any bituminous coal mine to employ more than twenty persons within said coal mine, or permit more than twenty persons to be employed therein at any one time, sons are employed, unless they are in communication with at least two available openings to the surface from each seam or stratum of coal worked in such mine exclusive of the furnace upcast, shaft or slope: But provided, That in any mine operated by shaft or slope and ventilated by a fan, if the air shaft shall be divided into two compartments, one of them may be used for an airway and the other for the purpose of egress and ingress from and into said mine by the persons therein employed, and the same shall be considered a compliance with the provisions of this section hereinbeTravelling way to fore set forth. And there shall be cut out or around the side of every hoisting be provided shaft, or driven through the solid strata at the bottom thereof, a travelling way not less than five feet high and three feet wide, to enable persons to pass the shaft in going from one side of it to the other without passing over or under the cage or other hoisting apparatus. into two compartments. around or through strata at bottom of shaft. Ibid. § 2. Separation of shaft or outlet from main outlet and furnace shaft. Two openings if mine be worked by drift. Furnace ventilation. Ibid. § 3. 231. The shaft or outlet, other than the main shaft or outlet, shall be separated from the main outlet and from the furnace shaft by natural strata at all points by a distance of not less than one hundred and fifty feet (except in all mines opened prior to June thirtieth, one thousand eight hundred and eighty-five, where such distances may be less, if, in the judgment of the mine inspector, one hundred and fifty feet is impracticable). If the mine be worked by drift, two openings, exclusive of the furnace upcast shaft, and not less than thirty feet apart, shall be required (except in drift mines opened prior to June thirtieth, one thousand eight hundred and eighty-five, where the mine inspector of the district shall deem the same impracticable). Where the two openings shall not have been provided as required herein before by this act, the mine inspector shall cause the second to be made without delay; and in no case shall furnace ventilation be used where there is only one opening into the mine. 232. Unless the mine inspector shall deem it impracticable, all mines shall have Each mine to have at least two entries or other passage-ways, one of which shall lead from the main entrance and the other from the other opening into the body of the mine, and said two entries. than 300 feet in two passage-ways shall be kept well drained and in a safe condition for persons to 15 May 1898, art. 2, travel therein throughout their whole length, so as to obtain, in cases of emer- $3. P. L. 52. gency, a second way for egress from the workings. No part of said workings shall No workings to at any time be driven more than three hundred feet in advance of the aforesaid be driven more passage-ways, except entries, airways or other narrow work, but should an open- advance of passageing to the surface be provided from the interior of the mine, the passage-ways ways. aforesaid may be made and maintained therefrom into the working part of the mine, and this shall be deemed sufficient compliance with the provisions of this act Passage-ways to be relative thereto; said two passage-ways shall be separated by pillars of coal or lars or strata. separated by pilother strata of sufficient strength and width. Ibid. § 4. Overcast to be 233. Where necessary to secure access to the two passage-ways required in sec- Ibid. § 5. 234. When the opening or outlet, other than the main opening, is made and does not exceed seventy-five feet in vertical depth, it shall be set apart exclusively for the purpose of ingress to or egress from the mine by any person or persons employed when not exceed Opening or outlet therein; it shall be kept in a safe and available condition and free from steam and ing seventy-five dangerous gases and all other obstructions, and if such opening is a shaft it shall feet in depth. be fitted with safe and convenient stairs with steps of an average tread of ten inches To be fitted with and nine inches rise, not less than two feet wide, and to not exceed an angle of sixty degrees descent, with landings of not less than eighteen inches wide and four feet long, at easy and convenient distances: Provided, That the requirements of this section shall not be applicable to stairways in use prior to June thirtieth, one thousand eight hundred and eighty-five, when, in the judgment of the mine inspector, stairs. they are sufficiently safe and convenient. And water coming from the surface or Water to be conout of the strata in the shaft shall be conducted away by rings, casing or otherwise, ducted away. and be prevented from falling upon persons who are ascending or descending the stairway of the shaft. 235. Where any mine is operated by a shaft which exceeds seventy-five feet in Ibid. § 6. vertical depth, the persons employed in said mine shall be lowered into and raised Where shaft exfrom said mine by means of machinery, and in any such mine the shaft, other than ceeds seventy-five the main shaft, shall be supplied with safe and suitable machinery for hoisting and feet in depth. lowering persons, or with safe and convenient stairs for use in cases of emergency by persons employed in said mine: Provided, That any mine operated by two shafts, and where safe and suitable machinery is provided at both shafts for hoisting coal or persons, shall have sufficiently complied with the requirements of this section. 236. At any mine, where one of the two openings required hereinbefore is a Where one of the slope and is used as a travelling way, it shall not have a greater angle of descent two openings is a than twenty degrees and may be of any depth. 237. The machinery used for lowering or raising the employés into or out of the mine and the stairs used for ingress and egress shall be kept in a safe condition, and inspected once each twenty-four hours by a competent person employed for that purpose. And such machinery and the method of its inspection shall be approved by the mine inspector of the district in which the mine is situated. slope. Ibid. § 7. Ibid. § 8. Machinery and spected every twenty-four hours. stairs to be in Machinery to be approved by mine inspector. every shaft. (3.) Hoisting machinery, safety catches, signalling apparatus, &c. 238. The operator or superintendent shall provide and maintain, from the top 15 May 1898, art. 8, to bottom of every shaft where persons are raised or lowered, a metal tube suitably § 1. P. L. 52. adapted to the free passage of sound through which conversation may be held Speaking and sigbetween persons at the top and bottom of said shaft, and also a means of signalling nalling tube to be from the top to the bottom thereof, and shall provide every cage or gear carriage maintained in used for hoisting or lowering persons with a sufficient overhead covering to protect cage to have an those persons when using the same, and shall provide also for each said cage or overhead covering. carriage a safety catch approved by the mine inspector. And the said operator or superintendent shall see that flanges, with a clearance of not less than four inches, when the whole of the rope is wound on the drum, are attached to the sides of the Drum and brakes drum of every machine that is used for lowering and hoisting persons in and out of the mine, and also that adequate brakes are attached to the drum. At all shafts safety gates, to be approved by the mine inspector of the district, shall be so placed as to prevent persons from falling into the shaft. of hoisting machine. Safety gates. Ibid. § 2. 239. The main coupling chain attached to the socket of the wire rope shall be made of the best quality of iron, and shall be tested by weights or otherwise to the satisfaction of the mine inspector of the district wherein the mine is located, and Coupling chain. bridle chains shall be attached to the main hoisting rope above the socket, from the Bridle chain. top cross-piece of the carriage or cage, so that no single chain shall be used for lowering or hoisting persons into or out of the mines. |