SEC. 2. With the consent of the Governor, the Chief of the Department of Mines may, at any time, redistrict the bituminous districts and add to the number of inspectors, if in his judgment the number should be increased.

*

ANNOTATIONS.

INSPECTION DISTRICTS.

DIVISION OF STATE NUMBER INCREASED.

This act increased the number of inspection districts from 21 under the act of 1893 to 25, and provided for the appointment of a qualified inspector for each. Bituminous Coal Mine Inspectors, In re, 39 Pa. County Ct. Rep. 124, p. 125. (Opinion of Attorney General.)

By this act the bituminous counties of the Commonwealth are divided into 25 inspection districts. There is nothing in the act to indicate an intention of the legislature to postpone this division until after May 15, 1913, but the division is to be made at once and the four additional inspectors are to be appointed and they are to be selected from the list qualified under the act of 1893 and will hold office until May 15, 1913, the date for the beginning of the terms of the new appointees.

Bituminous Coal Mine Inspectors, In re, 39 Pa. County Ct. Rep. 124, p. 125, (Opinion of Attorney General.)

INSPECTORS AND INSPECTION.
GENERALLY.

OIL INSPECTOR-APPOINTMENT AND DUTIES.

LAWS 1868, P. 147.

FEBRUARY 14, 1868. AN ACT authorizing the governor of the Commonwealth to appoint an inspector of refined petroleum, kerosene and burning oils in and for the city and county of Philadelphia. SEC. 1. Be it enacted, etc.:

That no refined petroleum, kerosene or burning oils, except oils in bond or for export or shipment beyond the limits of the State of Pennsylvania, shall from and after the passage of this act be kept for sale within the corporate limits of the city and county of Philadelphia, the fire test of which shall be less than one hundred and ten degrees Fahrenheit; said test shall be determined by an inspector using Tagliabue's or other well-defined instruments; the said inspector to be appointed by the governor of this Commonwealth, and to hold his office for the term of three years; and the said inspector be and he is hereby authorized to appoint such clerks or deputies as may be requisite for the carrying out of the business of such inspection and of the provisions of this act; said clerks or deputies to be paid by the said inspector out of the fees of his office; the said inspector, prior to entering upon the duties of his office, shall file in the office of the prothonotary of the court of common pleas an oath or affirmation that he will well and truly perform the duties of his office and carry out the provisions of this act, and shall also file a bond, with one or more approved sureties, in such manner and form as the high sheriff of said city and county is required to enter, in the penal sum of twenty thousand dollars, for the faithful performance of the duties herein prescribed; the said inspector is hereby further empowered to receive and collect from the owner or owners thereof the sum of ten cents for each and every barrel or package so inspected, marked, or sealed by him; said mark, brand or seal to be provided by the inspector, and to be legibly stamped or impressed upon each barrel or package; and the said inspector, or his deputy, is hereby empowered to enter any place or building where oils are kept for sale, excepting United States bonded warehouses and places where oil is stored for shipment beyond the limits of this State, for the purposes of such inspection and the carrying out of the true intent and meaning of this act.

SEC. 3. Nothing contained in this act shall be construed or held to apply in any manner to any kind of oil in bond, or for export or shipment to points beyond the limits of the State of Pennsylvania, nor to whale or lard oils. SEC. 4. All acts or parts of acts inconsistent herewith be and the same are hereby repealed.

ACT EXTENDED TO MONTGOMERY AND SCHUYLKILL COUNTIES.
LAWS 1868, P. 1001.
APRIL 13, 1868.

AN ACT to extend the provisions of an act approved February 14, 1868, entitled "An act authorizing the governor of the Commonwealth to appoint an inspector of refined petroleum, kerosene and burning oils in and for the city and county of Philadelphia," to the counties of Montgomery and Schuylkill.

SEC. 1. Be it enacted, etc.:

That the provisions of the act of assembly approved February 14, 1868, entitled "An act authorizing the governor to appoint an inspector of refined

petroleum, kerosene, and burning oils in and for the city and county of Phila delphia," be and the same is hereby extended to the counties of Montgomery and Schuylkill; and the said inspector appointed by the governor February 14, 1868, be and he is hereby empowered to act: Provided however, That all penalties recovered under this act shall be paid into the treasury of the counties of Montgomery and Schuylkill,

INSPECTOR FOR OILS-LANCASTER COUNTY.

LAWS 1869, P. 343.

MARCH 12, 1869.

AN ACT to authorize the governor to appoint an inspector of refined petroleum, kerosene, and burning oils in and for the county of Lancaster.

SEC. 1. Be it enacted, etc.:

That the governor of this Commonwealth be and he is hereby authorized and required to appoint an inspector of refined petroleum, kerosene, and burning oils for the county of Lancaster, subject to the provisions of an act, entitled “An act authorizing the governor of the Commonwealth to appoint an inspector of refined petroleum, kerosene and burning oils in and for the city and county of Philadelphia," approved February 14, 1868: Provided, That all penalties recovered as provided for in the second section of said act shall be paid into the treasury of Lancaster County.

LAWS 1911, P. 756.

DUTY AS TO ILLUMINANTS.

JUNE 9, 1911.

AN ACT to provide for the health and safety of persons, employed in and about the bituminous coal mines of Pennsylvania, and for the protection and preservation of property connected therewith.

NOTE. Sec. 7 only of this article is inserted here. The entire article is under the title Oil. (See p. 825.) A copy of section 6 is with the original act, under the title Mining Operations-Bituminous Coal Mines. (See p. 686.)

SEC. 7. It shall be the duty of the inspector, whenever he has reason to believe that an illuminant is being used, or sold, or offered for sale, in violation of the provisions of this article, to take samples of the same and have them tested under the direction of the department of mines.

SALARIES AND EXPENSES.

LAWS 1915, P. 790.

JUNE 8, 1915.

AN ACT fixing the salaries of mine inspectors in this Commonwealth and the expenses incident to the office.

SEC. 1. Be it enacted, etc.:

That, on and after the passage of this act, the salary of mine inspectors of this Commonwealth shall be $3,500 per annum, together with the necessary expense of performing his duties under the law, which money shall be paid in the manner now provided by law.

SEC. 2. All acts and parts of acts inconsistent herewith be and the same are hereby repealed.

ANTHRACITE MINES.

APPOINTMENT BY GOVERNOR-TERM OF OFFICE AND DUTIES

See also Mining Operations (page 577).

LAWS 1869, P. 852.

APRIL 12, 1869.

AN ACT for the better regulation and ventillation of mines, and for the protection of the lives of the miners in the county of Schuylkill.

NOTE.-Secs. 12, 13, 14, 16, 17, 18, and 19, are inserted here. The body of the act is under the title Mining Operations-Anthracite Coal Mines. (See p. 599.)

SEC. 12. The governor of the State of Pennsylvania shall have power, and it shall be his duty, to appoint a properly qualified person for the office of inspector of the coal mines of Schuylkill County, whose commission shall be for the term of three years, unless in the meantime removed for incompetency; and the person so appointed shall have attained the age of thirty-five years, be a citizen of the State of Pennsylvania, and have been intimately connected with the anthracite mines of Pennsylvania for a period of ten years, and have had experience in the working and ventilation of coal mines where fire damp is evolved; before entering upon the discharge of his duties shall pass an examination before a board composed of five practical miners and one mining engineer, to be appointed by the judges of the court of common pleas of Schuylkill County, and shall take an oath or affirmation, before an officer properly qualified to administer the same, that he will faithfully discharge the duties of said office.

SEC. 13. The said inspector shall give his whole time and attention to the duties of his said office; and it shall be his duty to examine all the collieries in the said County of Schuylkill, to see that every necessary precaution is taken to insure safety to the lives of the workmen, and to see that all the provisions of this act are observed and obeyed; and the salary of the said inspector shall be three thousand dollars per annum; it shall also be his duty to attend at every inquest held by the coroner of Schuylkill County upon the bodies of persons killed in or about the mines, and to ascertain, if possible, the cause of every accident resulting in death or serious injury.

SEC. 14. The said inspector shall have the right to enter and inspect the mines and machinery at all reasonable times by day and night, and may inquire into the state and condition of the mines, and into all matters connected with the safety of the persons employed, and the operator or agent shall furnish to him the means necessary for such entry, inspection, examination, and inquiry; he shall have the right to examine the plan of all the workings of the mine, which shall be kept at all collieries, and shown to the inspector whenever he may think necessary to examine it; and in case of neglect of any operator to have such plan of his colliery, or if such plan is deficient or inaccurate, said inspector may order one or more engineers to have such plan made, and the cost of the same shall be paid by the operator.

SEC. 16. The inspector shall be provided with an assistant, who shall act as clerk, whom he may appoint, whose salary shall be one thousand dollars.

SEC. 17. The office of the said inspector shall be kept in the Borough of Pottsville, wherein the plans of mines and all papers relating thereto shall be kept.

SEC. 18. It shall be the duty of the inspector to make a report to the governor of the State of Pennsylvania within one month after the close of each and every

year, wherein the results of his labors shall be set forth, all the accidents in and about the mines fully enumerated, and the state of the workings of said mines with regard to safety and ventilation.

SEC. 19. The salary of the said inspector and his assistants, and the expenses of carrying into execution the provisions of this act, shall be paid by the State treasurer out of the treasury of the Commonwealth of Pennsylvania, upon the warrant of the president judge of the court of common pleas of said county of Schuylkill: Provided, That not more than four thousand dollars in any one year shall be paid therefor. (Abrogated by the act of June 2, 1891, p. 118.)

Under the provisions of the act of April 12, 1869 (P. L. 852), the governor appointed a properly qualified person for the position of mine inspector of the coal mines of Schuylkill County. The appointment was for three years and the salary was fixed at $3,000 and was to be paid by the State Treasurer. It was the duty of the inspector to make his reports to the governor.

Lamb's Nomination Petition, 251 Pa. St. 102, p. 104.

2. REPEAL OF ACT.

This act, as well as the act of March 3, 1870 (P. L. 3), was merged into or repealed by the act of June 2, 1891 (P. L. 176).

Lamb's Nomination Petition, 251 Pa. St. 102, p. 105.

GOVERNOR TO APPOINT-QUALIFICATIONS AND DUTIES.
LAWS 1870, P. 3.

MARCH 3, 1870.

AN ACT providing for the health and safety of persons employed in coal mines.

NOTE. A copy of the part of sec. 14 relating to a board of examiners is also given under the title Miners Examining Board. (See p. 352.) Secs. 14, 15, 16, 17, 18, 20, 21, 22, and 23 are inserted here. The body of the act is under the title Mining Operations-Anthracite Coal Mines. (See p. 601.)

SEC. 14. Upon the passage of this act, the governor of the Commonwealth of Pennsylvania shall, upon the recommendation of a board of examiners, selected for that purpose, composed of three reputable coal miners in practice, and two reputable mining engineers, to be appointed by the judges of the court of common pleas of Luzerne County, all of whom shall be sworn to a faithful discharge of their duties, appoint three properly qualified persons to fill the offices of inspectors of coal mines and collieries for the counties of Luzerne and Carbon, whose commissions shall be for the term of five years or during good behavior, but they shall at all times be subject to removal from office for neglect of duty or malfeasance in the discharge of duty, as hereinafter provided for; and the persons so appointed shall have attained the age of thirty years, be citizens of Pennsylvania, and have a knowledge of the different systems of working coal mines, and have been intimately connected with the anthracite coal mines of Penn