LAWS 1893, P. 15.

METHOD OF ASSESSING DAMAGES.

APRIL 14, 1893.

A FURTHER SUPPLEMENT to an act regulating lateral railroads, changing the method of assessing damages to landowners in certain cases.

SEC. 1. Be it enacted, etc.:

That the first section of an act of assembly, entitled " Supplement to an act regulating lateral railroads," approved April 18, 1865, which reads as follows, to wit: (Here follows the act of April 18, 1865. See p. 181), be and the same is hereby amended to read as follows, namely:

That the act entitled “An act regulating lateral railroads," passed May 5, 1832, and the several supplements thereto, shall be construed to authorize the construction of a single or double track railroad with the necessary sidings, wharves, schutes, machinery, fixtures, and appurtenances for the transfer and delivery of limestone, iron ore, coal and other minerals from said lateral railroad on to any public or locomotive road, the damages to the owners of the lands shall be ascertained by six disinterested and judicious men resident in the said county, to be appointed by the court, who shall proceed in the same manner as is provided and directed by the first section of the act of May 5, 1832, entitled "An act regulating lateral railroads," and when the damages shall have been finally ascertained and determined they shall be paid: Provided, That not any of said roads shall exceed five miles in length.

ANNOTATIONS.

EXTENSION OF ACT.

FOREIGN CORPORATIONS.

This act provides that the original act of May 5, 1832, shall be construed to authorize the construction of a railroad for the transfer and delivery of limestone, iron ore, coal, and other minerals, and the provisions of these acts must apply to foreign corporations authorized to acquire and hold real estate within the State.

Warren Silica Co.'s Petition, 21 Pa. Dist. Rep. 367, p. 369.

MAPS.

ANTHRACITE MINES.

MAPS REQUIRED.

LAWS 1870, P. 3.

MARCH 3, 1870.

AN ACT providing for the health and safety of persons employed in coal mines. NOTE.-Secs. 1 and 2 of this act are inserted here. The original act is under the title Mining Operations-Anthracite Mines. (See p. 601.)

SEC. 1. Be it enacted, etc.:

That the owner or agent of every anthracite coal mine or colliery shall make, or cause to be made an accurate map or plan of the workings of such coal mine or colliery, on a scale of one hundred feet to the inch; and when there is more than one seam of coal worked in said coal mine or colliery, the map or plan shall exhibit the workings in each seam of coal, and shall state the general inclination of the strata, with any material deflection therein in said workings, and the boundary lines of the lands of said coal mines or colliery; a true copy of which map or plan, the said owner or agent shall deposit with the inspectors of coal mines and collieries for the district in which the coal mine or colliery is situated within four months from the passage of this act, and one copy shall be kept at the office of each colliery; and the said owner or agent shall furnish to the inspector aforesaid, on the first day of January and July, in every year hereafter, a statement, or map or plan of the progress of the workings of such coal mine or colliery, during the year past, up to date, to enable the inspector to mark the same upon the map or plan of the coal mine or colliery, furnished and deposited with said inspector as hereinbefore provided for; and when any coal mine or colliery is worked out, preparatory to being abandoned, when any level or lift thereof is being finished, with a view and for the purpose of being abandoned, or when any of the pillars therein are to be removed, the owner or agent of such coal mine or colliery shall have the map or plan thereof furnished as hereinbefore provided, or such portions thereof as the case may require, carefully verified, and notice shall be given to the inspector of coal mines and collieries for the district, in writing, of the purpose to abandon or remove the pillars, as the case may be. (Amended. See following act.)

SEC. 2. That whenever the owner or agent of any coal mine or colliery shall neglect or refuse, or from any cause fail for the period of two months, to furnish to the inspector the map or plan, or the addition thereto provided for in the first section of this act, or if the inspector finds or has reason to believe, that any plan or map of any coal mine or colliery furnished him under the provisions of this act, is materially inaccurate or imperfect, he is hereby authorized to cause an accurate map or plan of the actual workings of such coal mine or colliery to be made, at the expense of the owner thereof, the cost of which shall be recoverable by law, as other debts are, from said owner.

DUTY AS TO MAPS-FIRST SUPPLEMENT.

LAWS 1876, P. 130.

MAY 8, 1876.

A SUPPLEMENT to an act entitled "An act providing for the health and safety of persons employed in coal mines," approved March 3, 1870, making the neglect to comply with the first section of said act a misdemeanor.

SEC. 1. Be it enacted, etc.:

That the first section of the said act be amended so as to read as follows, namely: That the owner or agent of every anthracite coal mine or colliery shall

make, or cause to be made, an accurate map or plan of the workings of such coal mine on a scale of not more than one hundred feet to the inch, which map or plan shall exhibit the workings in each seam of coal and shall state the general inclination of the strata, with any material defection therein in said workings, and shall truthfully and accurately show the boundary lines of the lands of the said coal mines or colliery and the proximity of the workings to the lines of adjacent owners, a true copy of which map or plan the said owner or agent shall deposit with the inspectors of coal mines or collieries for the district in which the coal mine or colliery is situated within four months from the passage of this act, and one copy shall be kept at the office of each colliery; and the said owner or agent shall furnish to the inspector aforesaid on the first day of January and July in every year hereafter a statement or map or plan of the progress of the workings of such coal mine or colliery during the six months past up to date, to enable the inspector to mark the same upon the map or plan of the map, or plan of the coal mine or colliery furnished and deposited with said inspector as herein before provided for, and when any coal mine or colliery is worked out preparatory to be abandoned, or when any local lift thereof is being finished with a view and for the purpose of being abandoned, the owner or agent of such coal mine or colliery shall have the map or plan thereof furnished as hereinbefore provided, or such portions thereof as the case may require, carefully verified, and notice shall be given to the inspector of coal mines and collieries for the district in writing of the purpose to abandon; and in case the said owner or agent shall neglect or refuse to furnish the maps or plans by this section required, or any of them, or shall knowingly and designedly cause such maps or plans when furnished to be incorrect or false, such owner or agent thus offending shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding three months at the discretion of the court.

SURVEYS, MAPS, AND PLANS.

LAWS 1885, P. 218

JUNE 30, 1885.

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

NOTE. Article III entire of this act is inserted here. title Mining Operations-Anthracite Mines. (See p. 614.)

ARTICLE III.

The original act is under the

SURVEYS, MAPS AND PLANS.

SEC. 1. The owner, operator or superintendent of every coal mine or colliery shall 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 shall exhibit the workings or excavation in each and every seam 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; 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 said coal mine or colliery is situated, showing the workings of each seam, if so desired by the inspector, on a separate sheet of tracing muslin. One copy of the said map or plan shall be kept at the colliery.

SEC. 2. 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 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.

SEC. 3. 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 thereof extended to include all the excavations, as far as practicable, and such portions thereof as the case may require shall be carefully verified. SEC. 4. 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 fail for a period of three months to furnish to the inspector the map or plan of said colliery or of the extensions thereto as provided for in this act, the inspector is hereby authorized to cause an accurate map or plan of such coal mine or colliery 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.

SEC. 5. 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 inaccurate or imperfect, it shall be his duty to make application to the court of common pleas of the county in which such colliery is situated 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 superintendent shall be liable for the expense incurred in making the same.

SEC. 6. If it shall be found that the map or plan furnished by the owner, operator or superintendent was not materially inaccurate or imperfect, the Commonwealth shall be held liable for the expense incurred in making said test survey.

SEC. 7. If it shall be shown that the said owner, operator or superintendent has knowingly and designedly caused or allowed such map or plan when furnished to be incorrect or false, such owner, operator or superintendent thus offending shall 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.

SEC. 8. 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 of the district in which the said collieries are situated, to be transferred by him to his successor in office, and in no case shall any copy of the same be made without the consent of the owner, operator or superintendent.

SEC. 9. The inspector's map or plan of any particular colliery shall be open to the inspection (in the presence of the inspector) of any miner of that colliery whenever said miner shall have cause to fear that his working place is becoming dangerous by reason of its proximity to other workings, which may be supposed to contain water or dangerous gases, but only to the miner working in such supposed dangerous place. (Amended. See following act.)

MAPS-INSPECTION-AMENDMENT.

LAWS 1889, P. 130.

MAY 8, 1889.

AN ACT to amend an act entitled "An act to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania and for the protection and preservation of property connected therewith," approved June 30, 1885, providing that any surface owner, lessor or the owner of land or coal shall have the right to inspect mine maps.

SEC. 1. Be it enacted, etc.:

That section nine of article three of the act entitled "An act to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania, and for the protection and preservation of property connected therewith," approved June 30, 1885, which reads as follows, namely: (Here follows sec. 9 of the act of June 30, 1885. See preceding act), be and the same is hereby amended, so that the same shall read as follows, namely: The inspector's map or plan of any particular coal mine or colliery and the map or plan kept at the colliery, shall be open to the inspection (in the presence of the inspector or of the superintendent, mine boss, or his assistants, as the case may be) of any miner of that colliery, whenever said miner shall have cause to fear that his working place is becoming dangerous by reason of its proximity to other workings, which may be supposed to contain water or dangerous gases, but only to the miner working in such supposed dangerous place, and said map or plan shall in like manner be open to the inspection of any land or surface owner, lessor, or the owner of land or coal adjacent to the workings of said mine or colliery, but only so much of the said map or plan of said workings shall be open to such inspection as shall concern such land or surface owner, lessor or owner of adjacent land or coal.

LAWS 1891, P. 176.

MAPS AND PLANS-PILLARS.

JUNE 2, 1891.

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

NOTE. All of Article III is inserted here. The body of the act is under the title Mining Operations-Anthracite Mines. See page 635.)

ARTICLE III.

MAPS AND PLANS.

SEC. 1. The owner, operator, or superintendent of every coal mine or colliery shall 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 shall exhibit the workings or excavations in each and every seam of coal and the tunnels and passages connecting with such workings or excavations. It shal 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