SEC. 2. 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. SEC. 3. Nothing in this act shall prevent any person from being indicted or llable 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. SEC. 4. 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. SEC. 5. 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. SEC. 6. All fines imposed under this act shall be paid into the county treasury for the use of the county. SEC. 7. 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 negligence of any owner, operator or superintendent or employee in any mine or colliery. SEC. 8. That for any injury to person or property occasioned by any violation of this act or any failure to comply with its provisions by any owner, operator, superintendent, mine foreman or fire boss of any coal mine or colliery, a right of action shall accrue to the party injured against said owner or operator for any direct damages he may have sustained thereby; and in case of loss of life by reason of such neglect or failure aforesaid, a right of action shall accrue to the widow and lineal heirs of the person whose life shall be lost for like recovery of damages for the injury they shall have sustained. (Amended. See page 653.) ARTICLE XVIII. DEFINITION OF TERMS. In this act, unless the context otherwise requires, the term "coal mine or 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. The term "workings" includes all the excavated parts of a mine, those abandoned as well as the places actually at work. The term "mine" includes all underground workings and excavations of 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. 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. The term "slope " means any inclined way or opening used for the same pur. pose as a shaft. The term "breaker" means the structure containing the machinery used for the preparation of coal. 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 or any part thereof. The term "owner" does not include a person or body corporate 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. But any "contractor" 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. The term "superintendent" means the person who shall have, on behalf of the owner, general supervision of one or more mines or collieries. ARTICLE XIX. All laws or parts of laws inconsistent or in conflict with the provisions of this act are hereby repealed. AMENDMENTS. ATTENDANTS AT DOORS—AMENDING SECTION 10, ARTICLE XFIRST AMENDMENT. LAWS 1899, P. 65. APRIL 20, 1899. AN ACT to amend the tenth section of article ten of 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 2, 1891, providing that self-acting doors are used. SEC. 1. Be it enacted, etc.: That the tenth section of article ten of 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 the second day of June,. A. D., 1891, which reads as follows: "All main doors shall have an attendant whose constant duty it shall be to open them for transportation and travel and prevent them from standing open longer than is necessary for persons or cars to pass through," be, and the same is hereby amended to read as follows: All main doors shall have an attendant, whose constant duty it shall be to open them for transportation and travel and prevent them from standing open longer than is necessary for persons or cars to pass through, unless a self-acting door is used which is approved by the inspector of the ditrict. SAFETY OF MINERS-INSPECTION-SECOND AMENDMENT. LAWS 1901, P. 535. JUNE 8, 1901. AN ACT amending article two of 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 2, 1891. NOTE.-Secs. 1 and 2 of this act are under the title Inspection Districts. (See p. 121.) Secs. 3 to 6 inclusive are under the title Miners' Examining Boards-Anthracite Mines. (See p. 264.) Secs. 7 to 22, inclusive, are under the title Inspectors and InspectionAnthracite Mines. (See p. 103.) SAFETY OF MINERS-INSPECTION DISTRICTS-THIRD AMENDMENT. LAWS 1905, P. 362. MAY 8, 1905. AN ACT amending sections 1, 2, 3, 7, and 15, of Article II, of an act, entitled "An act to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylaania, and for the protection and preservation of property connected therewith," approved June 8, 1901 (P. L. 1901, p. 535); so as to increase the number of inspectors and inspection districts, provide for the examination of candidates for Dauphin county, and to provide for certain redistricting of inspectors. NOTE.-Secs. 1 and 2 of this act are under the title Inspection Districts. (See p. 104.) Sec. 3 is under the title Miners' Examining Boards-Anthracite Mines. (See p. 267.) Secs. 7 and 15 are under the title Inspectors and Inspection-Anthracite Mines. (See p. 128.) AMENDING RULE I, ART. XII; SEC. 4, ART. XIII; SEC. 8, ART. XVII AND ART XVIII-FOURTH AMENDMENT. LAWS 1915, P. 712. AN ACT to amend JUNE 1, 1915. rule one of Article XII, section four of Article XIII, section eight of Article XVII and Article XVIII of an act, entitled "An act," etc. (Same as in section 1.) NOTE.-Secs. 1 and 3 and a copy of sec. 6 of this amendatory act are under the title Mine Foremen-Employment and Duties. (See p. 207.) A copy of sec. 6 is also under the title Fire Bosses-Employment and Duties. (See p. 60.) SEC. 1. Be it enacted, etc.: That rule one of Article XII, section four of Article XIII, section eight of Article XVII, and Article XVIII, of 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 2, 1891, as said act now stands as heretofore amended by acts of assembly approved April 20, 1899 (P. L. 65), June 8, 1901 (P. L. 535), May 13, 1903 (P. L. 359), May 3, 1905 (P. L. 363), May 3, 1909 (P. L. 420), and May 5, 1911 (P. L. 120), SEC. 5. That sec. 4 of Article XIII of said act, which reads as follows: (here follows sec. 4 of Article XIII, see p. 648), be, and the same is hereby, amended to read as follows: SEC. 4. Due notice of an intended inquest to be held by the coroner shall be given by the coroner to the inspector, and at any such inquest the mine inspector and any representative of a party in interest shall have the right to examine witnesses, and read the law governing the case to the coroner's jury. SEC. 6. That sec. 8 of Article XVII of said act, which reads as follows: (here follows sec. 8 of Article XVII, see p. 651), be, and the same is hereby, amended to read as follows: . SEC. 8. The mine foreman, assistant mine foreman, fire boss, and any person placed in charge of the works, or any part thereof, shall be the agent of the owners and operators, and such owners and operators shall employ them and discharge them at will. SEC. 7. That Article XVIII of said act, which reads as follows: (here follows Article XVIII, see page 651), be, and the same is hereby, amended to read as follows: ARTICLE XVIII. In this act, unless the context otherwise requires, the term "coal mine or 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. The term "workings" includes all the excavated parts of a mine; those abandoned as well as the places actually at work. The term "mine" includes all underground workings and excavations, 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 material connected with the same below the surface. 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. The term "slope" means any inclined way or opening used for the same purpose as a shaft. 66 The term breaker means the structure containing the machinery used for the preparation of coal. 64 The term owner and "operator" means any person or body corporate who is the immediate proprietor, or lessee or occupier, of any coal mine or colliery, or any part thereof. The term "owner" does not include a person or body corporate 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. But any "contractor" for the working of a mine or colliery, or part or district thereof, shall be subject to this act as an operator or owner, in like manner as if he were the owner. The term "superintendent" means the person who shall have, on behalf of the owner, general supervision of one or more mines or collieries. The term "miner" means the person who cuts or blasts coal or rock at the face of a gangway, airway, breast, pillar, or other working-place; also any person engaged at general work in a mine, and qualified to do the work of miner. SEC. 8. This act shall become effective on the first day of January, 1916. ANNOTATIONS. ANTHRACITE STATUTE. 1. PURPOSE AND CONSTRUCTION OF ACT. 2. CONSTITUTIONALITY OF ACT-COAL MINING. 3. CONSTRUCTION OF ACT-PENAL PROVISIONS. 4. MINE-WHAT CONSTITUTES. 5. COAL MINES-CLASSIFICATION-LEGISLATIVE POWER. 6. COLLIERY-WASHERY-MEANING. 7. BREAKERS-ERECTION NEAR SHAFT PROHIBITED. 8. OPERATOR'S STATUTORY DUTIES-COMPLIANCE. 9. OPERATOR'S DUTY TO PROVIDE SAFE PLACE AND APPLIANCES. 10. OPERATOR-DUTY AND LIABILITY-KNOWLEDGE OF CONDITIONS. NOTE. 11. OPERATOR-DUTY TO WARN AND INSTRUCT. 12. MINE FOREMAN-SINGLE AND SEPARATE MINES. 13. OPERATOR-VIOLATION OF STATUTORY DUTY-PROXIMATE CAUSE-LIA BILITY. 14. OPERATOR'S NEGLIGENCE-LIABILITY AND PROOF-INSTANCES. 15. SUPERINTENDENT'S NEGLIGENCE-LIABILITY OF OPERATOR. 16. OUTSIDE FOREMAN-NEGLIGENCE-LIABILITY OF OPERATOR. 17. MINER-COURSE OF EMPLOYMENT-WHAT CONSTITUTES. 18. VIOLATION BY MINER-RECOVERY FOR INJURY. 20. FELLOW SERVANT-NEGLIGENCE-LIABILITY OF OPERATOR. LIABILITY OF OPERATOR. - SAFE CONDITION REQUIRED 26. PROPS-FAILURE TO FURNISH-LIABILITY OF OPERATOR. -DUTY AND 27. DANGEROUS MACHINERY-WHAT CONSTITUTES-DUTY AND LIABILITY— QUESTION OF FACT. 28. DANGER OBVIOUS-DUTY OF MINER. -USE OF TAMPING BARS. 29. BLASTING COAL-QUALIFICATION OF MINERS 30. MISSED SHOTS-DUTY OF MINERS AND OPERATOR. 31. BOILERS-LOCATION AS TO COAL BREAKERS. 32. CONTRIBUTORY NEGLIGENCE-QUESTION OF FACT. 33. BOYS NOT CHARGEABLE WITH CONTRIBUTORY NEGLIGENCE. 35. STATUTORY PROTECTION-PERSONS INCLUDED. 36. MINING OPERATIONS-NUISANCE INJUNCTION. 37. INJURED MINER-MEDICAL ATTENTION-DUTY TO FURNISH. 39. INJURED MINER-RIGHT OF ACTION-PARTIES-PARENTS. 41. CORONER-INQUEST-NOTICE-RETURN. 42. ARBITRATION-LIABILITY FOR COSTS-COLLECTION OF FEES. 43. PILLARS (BARRIER) - DETERMINATION AS TO SIZE DUTY OF MINE OWNERS. 44. TRIBUNAL FOR FIXING PILLARS-DUTIES AND MEETING. 45. PILLARS-ACTIONS RELATING TO-DAMAGES AND INJUNCTION. 46. COMPANY STORES PROHIBITED. For additional annotations see Fire Bosses-Employment and Duties; Inspection Districts; Inspectors and Inspection; Mine Foreman-Employment and Duties; Miners' Examining Boards. 1. PURPOSE AND CONSTRUCTION OF ACT. The object of the act of June 2, 1891 (P. L. 176), was to protect the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania and preserve the property connected therewith. Lenahan v. Pittston Coal Min. Co., 218 Pa. St. 311, p. 313. See Lenahan v. Crescent Coal Min. Co., 225 Pa. St. 218, p. 220. The primary purpose of this act was the protection of the health and lives of mine workers. Lehigh Valley Coal Co. v. Shandalla, 205 Fed. 715, p. 719. This statute was intended as a protection to the employees, and its object was to prevent children under the age limit from being employed in and around the anthracite coal mines in the dangerous kinds of work designated in the act, and the act should be given a construction to best effectuate the purpose of its enactment. Lenahan v. Pittston Coal Min. Co., 218 Pa. St. 311, p. 314. |