15 May 1893, art. 3, §3. P. L. 52. Number of persons hoisted to be reg ulated by mine in to be lowered or spector and notice to be posted. Ibid. § 4. Machinery to be fenced off. 15 May 1893, art. 4, $1. P. L. 52. Ventilation of slope or drift. Minimum number of cubic feet per minute. Ibid. § 2. Number of persons in same air cur rent. 240. No greater number of persons shall be lowered or hoisted at any one time than may be permitted by the mine inspector of the district, and notice of the number so allowed to be lowered or hoisted at any one time shall be kept posted up by the operator or superintendent in conspicuous places at the top and bottom of the shaft, and the aforesaid notice shall be signed by the mine inspector of the district. 241. All machinery about mines from which any accident would be liable to occur shall be properly fenced off by suitable guard railing. (4.) Ventilation, &c. 242. The operator or superintendent of every bituminous coal mine, whether shaft, slope or drift, shall provide and hereafter maintain ample means of ventilation for the circulation of air through the main entries, cross-entries and all other working places to an extent that will dilute, carry off and render harmless the noxious or dangerous gases generated in the mine, affording not less than one hundred cubic feet per minute for each and every person employed therein; but in a mine where fire-damp has been detected the minimum shall be one hundred and fifty cubic feet per minute for each person employed therein, and as much more in either case as one or more of the mine inspectors may deem requisite. 243. After May thirtieth, one thousand eight hundred and ninety-four, not more than sixty-five persons shall be permitted to work in the same air current: Provided, permitted to work That a larger number, not exceeding one hundred, may be allowed by the mine inspector where, in his judgment, it is impracticable to comply with the foregoing requirement; and mines where more than ten persons are employed shall be provided with a fan furnace or other artificial means to produce the ventilation, and all stoppings between main intake and return airways hereinafter built or replaced shall be substantially built with suitable material, which shall be approved by the inspector of the district. Ibid. § 3. Ventilating fans. Stopping of fans. 244. All ventilating fans shall be kept in operation continuously night and day, unless operations are indefinitely suspended, except written permission is given by the mine inspector of the district to stop the same, and the said written permission shall state the particular hours the said fan may not be in operation, and the mine inspector shall have power to withdraw or modify such permission as he may deem best, but in all cases the fan shall be started two hours before the time to begin Notices when fans work. When the fan may be stopped by permission of the mine inspector a notice are stopped. printed in the various languages used by persons employed in the mine, stating at what hour or hours the fan will be stopped, shall be posted by the mine foreman in a conspicuous place at the entrance or entrances to the mine. Said printed notices shall be furnished by the mine inspector and the cost thereof borne by the Ibid. Sudden stopping of fans. state. 245. Should it at any time become necessary to stop the fan on account of accident or needed repairs to any part of the machinery connected therewith, or by reason of any other unavoidable cause, it shall then be the duty of the mine foreman or any other officials in charge, after first having provided, as far as possible, for the safety of the persons employed in the mine, to order said fan to be stopped so as to make the necessary repairs or to remove any other difficulty that may have been the cause of its stoppage. And all ventilating furnaces in mines shall, for two hours before the appointed time to begin work and during working hours, be properly attended by a person employed for that purpose. In mines generating overcasts in mines fire-damp in sufficient quantities to be detected by ordinary safety lamps, all main generating fire damp. air bridges or overcasts made after the passage of this act shall be built of masonry or other incombustible material of ample strength or be driven through the solid Ventilating fur naces. Air bridges and Ibid. Ventilating doors. Hole for shelter. Extra doors. 15 May 1893, art. 5, strata. 246. In all mines the doors used in guiding and directing the ventilation of the mine shall be so hung and adjusted that they will close themselves, or be supplied with springs or pulleys so that they cannot be left standing open, and an attendant shall be employed at all principal doors through which cars are hauled, for the purpose of opening and closing said doors when trips of cars are passing to and from the workings, unless an approved self-acting door is used, which principal doors shall be determined by the mine inspector or mine foreman. A hole for shelter shall be provided at each door so as to protect said attendant from being run over by the cars while attending to his duties, and persons employed for this purpose shall at all times remain at their post of duty during working hours: Provided, That the same person may attend two doors where the distance between them is not more than one hundred feet. On every inclined plane or road in any mine where haulage is done by machinery and where a door is used, an extra door shall be provided to be used in case of necessity. (5.) Safety lamps, fire bosses, &c. 247. All mines generating fire-damp shall be kept free of standing gas in all § 1. P. L. 52. working places and roadways. No accumulation of explosive gas shall be allowed to exist in the worked out or abandoned parts of any mine when it is practicable 15 May 1893, art. 5, to remove it, and the entrance or entrances to said worked out and abandoned § 1. P. L. 52. places shall be properly fenced off and cautionary notices shall be posted upon said Standing gas in mines generating fencing to warn persons of danger. fire damps. fire boss. 248. In all mines wherein explosive gas has been generated within the period Accumulation of of six months next preceding the passage of this act, and also in all mines where explosive gas not to be allowed. fire-damp shall be generated, after the passage of this act, in sufficient quantities Ibid. § 2. to be detected by the ordinary safety lamp, every working place without exception Mines generating and all roadways shall be carefully examined immediately before each shift by explosive gas and person or persons appointed by the superintendent and mine foreman for that pur- fire damp. pose. The person or persons making such examination shall have received a fire To be examined by boss certificate of competency required by this act, and shall use no light other than that enclosed in a safety lamp while making said examination. In all cases said examination shall be begun within three hours prior to the appointed time of each shift commencing to work, and it shall be the duty of the said fire boss, at To mark places exeach examination, to leave at the face and side of every place so examined, evi- amined. dence of his presence. And he shall also, at each examination, inspect the entrance To examine or entrances to the worked out or abandoned parts which are adjacent to the road- abandoned parts ways and working places of the mine where fire-damp is likely to accumulate, and and place danger where danger is found to exist he shall place a danger signal at the entrance or signal. entrances to such places, which shall be sufficient warning for persons not to enter said place. worked out or Ibid. § 3. Bore holes driven Ibid. § 4. Permanent station 249. In any place that is being driven towards or in dangerous proximity to an abandoned mine or part of a mine suspected of containing inflammable gases, or which may be inundated with water, bore holes shall be kept not less than twelve towards abanfeet in advance of the face, and on the sides of such working places, said side holes doned mines, or those which may to be drilled diagonally not more than eight feet apart, and any place driven to tap contain gases. water or gas.shall not be more than ten feet wide, and no water or gas from an abandoned mine or part of a mine and no bore hole from the surface shall be tapped until the employés, except those engaged at such work, are out of the mine and such work to be done under the immediate instruction of the mine foreman. 250. The fire boss shall, at each entrance to the mine or in the main intake airway near to the mine entrance, prepare a permanent station with the proper danger signal designated by suitable letters and colors placed thereon, and it shall not be with danger signal lawful for any person or persons, except the mine officials in cases of necessity, and at entrance to such other persons as may be designated by them, to pass beyond said danger station mine. until the mine has been examined by the fire boss as aforesaid and the same, or certain parts thereof, reported by him to be safe, and in all mines where operations Danger signals when operations are temporarily suspended the superintendent and mine foreman shall see that a are temporarily danger signal be placed at the mine entrance or entrances, which shall be a suffi- suspended. cient warning to persons not to enter the mine, and if the ordinary circulation of If circulation of air through the mine be stopped, each entrance to said mine shall be securely fenced air is stopped, enoff and a danger signal shall be displayed upon said fence, and any workman or off. other person (except those persons herein before provided for), passing by any Penalty for passing danger signal into the mine before it has been examined and reported to be safe as danger signal. aforesaid, shall be deemed guilty of a misdemeanor, and it shall be the duty of the fire boss, mine foreman, superintendent or any employé of the mine to forthwith notify the mine inspector, who shall enter proceedings against such person or persons as provided for in section two of article twenty-one of this act. trance to be fenced Ibid. § 5. Locked safety 251. All entries, tunnels, airways, travelling ways and other working places of a mine where explosive gas is being generated in such quantities as can be detected by the ordinary safety lamp, and pillar workings and other working places in any lamps. mine where a sudden inflow of said explosive gas is likely to be encountered (by reason of the subsidence of the overlying strata or from other causes), shall be worked exclusively with locked safety lamps. The use of open lights is also pro- Open lights prohibited in all working places, roadways and other parts of the mine through which hibited. fire-damp might be carried in the air current in dangerous quantities. In all Electric wires and mines or parts of mines worked with locked safety lamps, the use of electric wires currents to be properly proand electric currents is positively prohibited, unless said wires and machinery and tected. all other mechanical devices attached thereto and connected therewith are constructed and protected in such a manner as to secure freedom from the emission of sparks or flame therefrom into the atmosphere of the mine. Ibid. § 6. 252. After January first, one thousand eight hundred and ninety-four, the use of the common Davy safety lamp for general work in any bituminous coal mine is Use of the hereby prohibited, neither shall the Clanny lamp be so used unless its gauze is "Davy" and thoroughly protected by a metallic shield, but this act does not prohibit the use of "Clanny" lamps. the Davy and Clanny lamps by the mine officials for the purpose of examining the workings for gas. Ibid. § 7. 253. All safety lamps used for examining mines or for working therein shall be the property of the operator, and shall be in the care of the mine foreman, his Care of safety assistant or fire boss or other competent person, who shall clean, fill, trim, examine lamps. and deliver the same, locked, in a safe condition, to the men when entering the mine before each shift and shall receive the same from the men at the end of each in case of emergency. 15 May 1998, art. 5, shift, for which service a charge not exceeding cost of labor and material may be $ 7. P. L. 52. made by the operator. A sufficient number of safety lamps, but not less than To be kept for use twenty-five per centum of those in use, shall be kept at each mine where gas has at any time been generated in sufficient quantities to be detected by an ordinary safety lamp, for use in case of emergency. It shall be the duty of every person who knows his safety lamp to be injured or defective, to promptly report such fact to the party authorized herein to receive and care for said lamps, and it shall be the duty of that party to promptly report such fact to the mine foreman. Injured or defective lamps. 15 May 1898, art. 6, § 1. P. L. 52. Inside overseer to be employed to be called mine foreman. Examination and Ibid. § 2. Props or timbers and cap pieces. If timbers cannot be supplied when needed, work to be stopped. Ibid. § 3. Cut-throughs for Ibid. § 4. Holes for shelter in (6.) Mine foreman and his duties. 254. In order to better secure the proper ventilation of the bituminous coal mines and promote the health and safety of the persons employed therein, the operator or superintendent shall employ a competent and practical inside overseer for each and every mine, to be called mine foreman; said mine foreman shall have passed an examination and obtained a certificate of competency or of service as required by this act, and shall be a citizen of the United States and an experienced coal miner, and said mine foreman shall devote the whole of his time to his duties at the mine when in operation, or in case of his necessary absence, an assistant chosen by him, and shall keep a careful watch over the ventilating apparatus, and the airways, travelling ways, pump and pump timbers and drainage, and shall often instruct, and as far as possible, see that as the miners advance their excavations all dangerous coal, slate and rock overhead are taken down or carefully secured against falling therein, or on the travelling and hauling ways, and that sufficient props, caps and timbers of suitable size are sent into the mine when required, and all props shall be cut square at both ends, and as near as practicable to a proper length for the places where they are to be used, and such props, caps and timbers shall be delivered in the working places of the mine. 255. Every workman in want of props or timbers and cap pieces shall notify the mine foreman or his assistant of the fact at least one day in advance, giving the length and number of props or timbers and cap pieces required, but in cases of emergency the timbers may be ordered immediately upon the discovery of any danger. (The place and manner of leaving the orders for the timber shall be designated and specified in the rules of the mine.) And if, from any cause, the timbers cannot be supplied when required, he shall instruct the persons to vacate all said working places until supplied with the timber needed, and shall see that all water be drained or hauled out of all working places before the miner enters, and as far as practicable kept dry while the miner is at work. 256. It shall be the duty of the mine foreman to see that proper cut-throughs are made in all the rooms, pillars at such distances apart as in the judgment of the mine inspector may be deemed requisite, not more than thirty-five nor less than sixteen yards each, for the purpose of ventilation, and the ventilation shall be conducted through said cut-throughs into the rooms by means of check doors made of canvas or other suitable material, placed on the entries or in other suitable places, and he shall not permit any room to be opened in advance of the ventilating current. Should the mine inspector discover any room, entry, airway or other working places being driven in advance of the air current contrary to the requirements of this section, he shall order the workmen working in such places to cease work at once until the law is complied with.(k) 257. In all hauling roads, on which hauling is done by animal power, and whereon men have to pass to and from their work, holes for shelter, which shall be all hauling roads. kept clear of obstruction, shall be made at least every thirty yards and be kept whitewashed, but shelter holes shall not be required in entries from which rooms are driven at regular intervals not exceeding fifty feet, where there is a space four feet between the wagon and rib, it shall be deemed sufficient for shelter. On all hauling roads whereon hauling is done by machinery, and all gravity or inclined planes inside mines upon which the persons employed in the mine must travel on foot to and from their work, such shelter holes shall be cut not less than two feet six inches into the strata and not more than fifteen yards apart, unless there is a space of at least six feet from the side of the car to the side of the roadway, which space shall be deemed sufficient for shelter: Provided, That this requirement shall not apply to any parts of mines, which parts were opened prior to the passage of this act, if deemed impracticable by the mine inspector. Ibid. § 5. Air currents to be measured by mine foreman. To require locked safety lamps to be used. Ibid. § 6. 258. The mine foreman shall measure the air current at least once a week at the inlet and outlet and at or near the faces of the entries, and shall keep a record of such measurements. An anemometer shall be provided for this purpose by the operator of the mine. It shall be the further duty of the mine foreman to require the workmen to use locked safety lamps when and where required by this act. 259. The mine foreman'shall give prompt attention to the removal of all dangers reported to him by the fire boss or any other person working in the mine, and in (k) After a mine inspector has ordered men to cease work until the law is complied with, he has no authority to compel the operator to put the places, wherein the men were stopped from working, in a lawful condition and demand the reinstatement of the men. Matter of Mine Inspector, 14 C. C. 96. give prompt atten mines where a fire boss is not employed, the said mine foreman or his assistant shall 15 May 1898, art. 6, visit and examine every working place therein at least once every alternate day $6. P. L. 52. while the miners of such place are or should be at work, and shall direct that each Mine foreman to and every working place be properly secured by props or timbers, and that no per- tion to all dangers son shall be directed or permitted to work in an unsafe place unless it be for the reported. purpose of making it safe: Provided, That if the owner or operator of any mine To visit every working place employing a fire boss shall require the mine foreman to examine every working every alternate place every alternate day, then it shall be the duty of the mine foreman to do so. day. 260. When the mine foreman is unable personally, to carry out all the requirements of this act as pertaining to his duties, he shall employ a competent person or persons not objectionable to the operator, to act as his assistant or assistants, who employ competent Shall act under his instructions, and in all mines where fire-damp is generated the assistants. said assistant or assistants shall possess a certificate of competency as mine foreman or fire boss. Ibid. § 7. Mine foreman to 261. A suitable record book, with printed head lines, prepared by and approved Ibid. § 8. by the mine inspector, the same to be provided at the expense of the common- Record book to wealth, shall be kept at each mine generating explosive gases, and immediately be provided for after each examination of the mine made by the fire boss or fire bosses, a record of making record of the same shall be entered in said book, signed by the person or persons making examinations. such examination, which shall clearly state the nature and location of any danger which he or they may have discovered, and the fire boss or fire bosses shall immedi- Danger to be reately report such danger and the location of the same to the mine foreman, whose ported to the mine duty it shall be to remove the danger or cause the same to be done forthwith as far as practicable, and the mine foreman shall also each day countersign all reports entered by the fire boss or fire bosses. foreman. Ibid. Record of condi 262. At all mines the mine foreman shall enter in a book provided as above by the mine inspector, a report of the condition of the mine signed by himself, which shall clearly state any danger that may have come under his observation during tion of mine. the day, and shall also state whether he has a proper supply of material on hand for the safe working of the mine, and whether all requirements of the law are strictly complied with. He shall, once each week, enter or cause to be entered of air measureplainly, with ink, in said book, a true record of all air measurements required by this act, and such book shall, at all times, be kept at the mine office for examination by the mine inspector of the district and any other person working in the mines. (7.) Timbers and other mine supplies, &c. ments. 263. It shall be the duty of the superintendent, on behalf and at the expense of 15 May 1898, art. 7, the operator, to keep on hand at the mines at all times, a full supply of all ma- $1. P. L. 52. terials and supplies required to preserve the health and safety of the employés as Full supply of maordered by the mine foreman and required by this act. He shall, at least once a terials required to week, examine and countersign-which countersignature of the superintendent preserve the health of employés to be shall be held, under this act, to have no further bearing than the evidence of the kept on hand. fact that the mine superintendent has read the matter entered on the book—all Superintendent to reports entered in the mine record book, and if he finds that the law is being examine and countersign all reports. violated in any particular, he shall order the mine foreman to comply with its pro- If necessary supvisions forthwith. If from any cause he cannot procure the necessary supplies or plies cannot be promaterial as aforesaid, he shall notify the mine foreman, whose duty it shall be to cured, men to be withdraw the men from the mine or part of mine until such supplies or material mine. are received. withdrawn from 261. The superintendent of the mine shall not obstruct the mine foreman or Ibid. § 2. other officials in their fulfilment of any of the duties required by this act. At Superintendent mines where superintendents are not employed, the duties that are herein pre- not to obstruct scribed for the superintendent shall devolve upon the mine foreman. mine foreman or other officials. (8.) Steam boilers, stables, regulations for the use of oil, powder, &c. 265. After the passage of this act, it shall be unlawful to place a main or prin- 15 May 1898, art. 8, cipal ventilating fan inside of any bituminous coal mine wherein explosive gas $1. P. L. 52. has been detected or in which the air current is contaminated with coal dust. No Ventilating fan in stationary steam boiler shall be placed in any bituminous coal mine, unless said steam mine where gas boiler be placed within fifty feet from the bottom of an up-cast shaft, which shaft has been detected. shall not be less than twenty-five square feet in area, and after May thirtieth, one boiler in mine. thousand eight hundred and ninety-five, no stationary steam boiler shall be permitted to remain in any bituminous coal mine, only as aforesaid. Stationary steam Ibid. § 2. Horse or mule sta bles in mine. 266. It shall not be lawful, after the passage of this act, to provide any horse or mule stables inside of bituminous coal mines, unless said stables are excavated in the solid strata or coal seams, and no wood or other combustible material shall be used excessively in the construction of said stables, unless surrounded by or encased by some incombustible material. The air current used for ventilating said stable Ventilation of stashall not be intermixed with the air current used for ventilating the working parts bles. of the mine, but shall be conveyed directly to the return air current, and no open light shall be permitted to be used in any stable in any mine. 15 May 1893, art. 8, §3. P. L. 52. 267. No hay or straw shall be taken into any mine, unless pressed and made up into compact bales, and all hay or straw taken into the mines as aforesaid shall Hay or straw taken be stored in a storehouse excavated in the solid strata or built in masonry for that purpose. After January first, one thousand eight hundred and ninety-four, no horse or mule stable or storehouse, only as aforesaid, shall be permitted in any into mine. Ibid. § 4. Explosive oil not to be used. Oiling or greasing of cars inside of mine. bituminous coal mine. 268. No explosive oil shall be used or taken into bituminous coal mines for lighting purposes, and oil shall not be stored or taken into the mines in quantities exceeding five gallons. The oiling or greasing of cars inside of the mines is strictly forbidden unless the place where said oil or grease is used is thoroughly cleaned at least once every day to prevent the accumulation of waste oil or grease on the roads or in the drains at that point. Not more than one barrel of lubricating oil shall be permitted in the mine at any one time. Only a pure animal or pure cotton-seed oil or oils, that shall be as free from smoke as a pure animal or pure cotton-seed oil, shall be used for illuminating purposes in any bituminous Penalty for using mine. Any person found knowingly using explosive or impure oil, contrary to explosive or impure oil. this section, shall be prosecuted as provided for in section two of article twentyone of this act. Lubricating oil. Oil used for illuminating purposes. Ibid. § 5. stored in mine. Blasting. 269. No powder or high explosive shall be stored in any mine, and no more of Powder not to be either article shall be taken into the mine at any one time than is required in any one shift, unless the quantity be less than five pounds, and in all working places where locked safety lamps are used blasting shall only be done by the consent and in the presence of the mine foreman, his assistant or fire boss, or any competent party designated by the mine foreman for that purpose; whenever the mine inspector discovers that the air in any mine is becoming vitiated by the unnecessary blasting of the coal, he shall have the power to regulate the use of the same and to designate at what hour of the day blasting may be permitted. 15 May 1893, art. 9, § 1. P. L. 52. Proceedings to provide drainage or ventilation where it is necessary to take other lands. viewers. (9.) Openings on other lands. 270. If any person, firm or corporation is, or shall hereafter be, seized in his or their own right, of coal lands, or shall hold such lands under lease and shall have opened or shall desire to open a coal mine on said land, and it shall not be practicable to drain or ventilate such mines or to comply with the requirements of this act as to ways of ingress and egress or travelling ways by means of openings on lands owned or held under lease by him, them or it, and the same can be done by means of openings on adjacent lands, he, they or it may apply by petition to the court of quarter sessions of the proper county, after ten days' notice to the owner or owners, their agent or attorney, setting forth the facts under oath or affirmation particularly describing the place or places where such opening or openings can be made, and the pillars of coal or other material necessary for the support of such passage-way and such right of way to any public road as may be needed in connection with such opening, and that he or they cannot agree with the owner or owners of the land as to the amount to be paid for the privilege of making such Court to appoint opening or openings, whereupon the said court shall appoint three disinterested and competent citizens of the county to view the ground designated and lay out from the point or points mentioned in such petition, a passage or passages not more than eighty feet area, by either drift, shaft or slope, or by a combination of any of said methods, by any practicable and convenient route, to the coal of such person, firm or corporation, preferring in all cases an opening through the coal strata where the same is practicable. The said viewers shall, at the same time, assess the damages to be paid by the petitioner or petitioners to the owner or owners of such lands for the coal or other valuable material to be removed in the excavation and construction of said passage, also for such coal or other valuable material necessary to support the said passage, as well as for a right of way not exceeding fifteen feet in width from any such opening to any public road, to enable persons to gain entrance to the mine through such opening or to provide therefrom, upon the surface, a water course of suitable dimensions to a natural water stream to enable the operator to discharge the water from said mine if such right of way shall be desired by the petitioner or petitioners, which damages shall be fully paid before such opening is made. The proceedings shall be recorded in the road docket of the proper county, and the pay of viewers shall be the same as in road cases; if exceptions be filed they shall be disposed of by the court as speedily as possible, and both parties to have the right to take depositions Where petitioners as in road cases. If, however, the petitioner desires to make such openings or roads or water way before the final disposition of such exceptions, he shall have the right to do so by giving bond, to be approved by the court securing the damages as provided by law in the case of lateral railroads. Assessment of damages. Pay of viewers. desire to proceed before decision of viewers. Ibid. § 2. On request of fifty miners, owner or 271. It shall be compulsory upon the part of the mine owner or operator to exercise the powers granted by the provisions of the last preceding section for the procuring of a right of way on the surface from the opening of a coal mine to a operator to procure public road or public roads, upon the request in writing of fifty miners employed right of way. in the mine or mines of such owner or operator: Provided, however, That with |