when quitting work, shall be hoisted. Such headman and footman shall personally attend to the signals and see that the provisions of this act in respect to lowering and hoisting persons in shafts or slopes shall be complied with.

Rule 38. He shall not allow any tools to be placed on the same cage with men or boys, nor on either cage when persons are being lowered into the mine, except when for the purpose of repairing the shaft or the machinery therein. The men shall place their tools in cars provided for that purpose, which car or cars shall be lowered before and after the men have been lowered.

Rule 39. He shall also see that no driver, or other person, descends the shaft with any horse or mule unless the said horse or mule is secured in a suitable box or safely penned, and only the driver in charge of said horse or mule shall accompany it in any case.

GENERAL RULES.

Rule 40. If any person shall receive any injury in or about the mine and the same shall come within the knowledge of the mine foreman, and if he shall be of opinion that the injured person requires medical or surgical treatment, he shall see that said injured person receives the same, and in case of inability of such injured person to pay therefor, the same shall be borne by the county. The mine foreman shall report monthly to the mine inspector of the district on blanks furnished by said inspector for that purpose all accidents resulting in personal injury. (Unconstitutional.)

Rule 41. No unauthorized person shall enter the mine without permission from the superintendent or mine foreman.

Rule 42. No person in a state of intoxication shall be allowed to go into or loiter about the mine.

Rule 43. All employees shall inform the mine foreman, or his assistant, of the unsafe condition of any working place, hauling roads or traveling ways, or of damage to doors, brattices or stoppings, or of obstructions in the air passages when known to them.

Rule 44. No person shall be employed to blast coal, rock or slate, unless the mine foreman is satisfied that such a person is qualified by experience to perform the work with ordinary care.

Rule 45. The mine superintendent or mine foreman shall cause to be constructed safety blocks, or some other device, for the purpose of preventing cars from falling into the shaft, or running away on slopes or incline planes; and safety switches, drop logs or other device shall be used on all slopes and incline planes; and said safety blocks, safety switches or other device must be maintained in good working order.

Rule 46. Every workman employed in the mine shall examine his working place before commencing work, and after any stoppage of work during the shift he shall repeat such examination.

Rule 47. No person shall be allowed to travel on foot to or from his work on any incline plane, dilly or locomotive roads, when other roads are provided for that purpose.

Rule 48. Any employee or other person who shall wilfully deface, pull down, or destroy any notice board, danger signal, general or special rules, or mining laws, shall be prosecuted as provided for in section two, article twenty-one of this act.

Rule 49. No powder or high explosive shall be taken into the mine in greater quantities than required for use in one shift, unless such quantity be less than five pounds and all powder shall be carried into the mine in metallic canisters. Rule 50. Powder in quantities exceeding twenty-five pounds, or other explosives in quantities exceeding ten pounds, shall not be stored in any tipple

or any weighing office, nor where workmen have business to visit, and no naked lights shall be used while weighing and giving out powder.

Rule 51. All persons, except those duly authorized, are forbidden to meddle or tamper in any way with any electric or signal wires in or about the mines. Rule 52. No greater number of persons shall be hoisted or lowered at any one time in any shaft than is permitted by the mine inspector, and whenever said number of persons shall arrive at the bottom of the shaft in which persons are regularly hoisted or lowered, they shall be furnished with an empty cage and be hoisted, and in cases of emergency, a less number shall be promptly hoisted. Any person or persons crowding or pushing to get on or off the cages shall be deemed guilty of a misdemeanor.

Rule 53. Each workman, when engaged, shall have his attention directed to the general and special rules by the person employing him.

Rule 54. Workmen and all other persons are expressly forbidden to commit any nuisance or throw into, deposit, or leave coals or dirt, stones, or other rubbish in the air-way or road, so as to interfere with, pollute or hinder the air passing into and through the mine.

Rule 55. No one, except a person duly authorized by the mine foreman, shall have in his possession a key or other instrument for the purpose of unlocking any safety lamp in any mine where locked safety lamps are used.

Rule 56. Every abandoned slope, shaft, air hole or drift shall be properly fenced around or across its entrance.

Rule 57. No safety lamps shall be intrusted to any person for use in mines until he has given satisfactory evidence to the mine foreman that he understands the proper use thereof and danger of tampering with the same.

Rule 58. No person shall ride upon or against any loaded car or cage in any shaft or slope in or about any bituminous coal mine; no person other than the trip runner shall be permitted to ride on empty trips on any slope, inclined plane, or dilly road, when the speed of the cars exceeds six miles per hour. The transportation of tools in and out of the mine shall be under the direction of the mine foreman.

Rule 59. No persons other than the drivers or trip runners shall be permitted to ride on the full cars.

Rule 60. In mines where coal dust has accumulated to a dangerous extent care shall be exercised to prevent said dust from floating in the atmosphere by sprinkling it with water or otherwise as far as practicable.

Rule 61. In cutting of clay veins, spars or faults in entries, or other narrow workings going into the solid coal in mines where explosive gases are generated in dangerous quantities, a bore hole shall be kept not less than three feet in advance of the face of the work, or in advance of any shot hole drilled for a blast to be fired therein.

Rule 62. The engineer placed in charge of an engine whereby persons are hoisted out of or lowered into any mine shall be a sober and competent person and not less than twenty-one years of age.

Rule 63. When a workman is about to fire a blast he shall be careful to notify all persons who might be endangered thereby and shall give sufficient alarm so that any person or persons approaching shall be warned of the danger.

Rule 64. In every shaft or slope where persons are hoisted or lowered by machinery as provided by this act a topman and cager shall be appointed by the superintendent or mine foreman.

Rule 65. Whenever a workman shall open a box containing powder or other explosives, or while in any manner handling the same, he shall first place his lamp not less than five feet from such explosive and in such a position that the

air current can not convey sparks to it, and he shall not smoke while handling explosives.

Rule 66. An accumulation of gas in mines shall not be removed by brushing. Rule 67. When gas is ignited by blast or otherwise, the person having charge of the place where the said gas is ignited shall immediately extinguish it if possible, and if unable to do so shall immediately notify the mine foreman or his assistant of the fact. Workmen must see that no gas blowers are left burning upon leaving their working places.

Rule 68. All ventilating fans used at mines shall be provided with recording instruments by which the number of revolutions or the effective ventilating pressure of the fan shall be registered, and the registration with its date for each and every day shall be kept in the office of the mine for future reference for one year from its date.

Rule 69. Where the clothing or wearing apparel of employees become wet by reason of working in wet places in the mines, it shall be the duty of the operator or superintendent of each mine, at the request in writing of the mine inspector, who shall make such request upon the petition of any five miners of any one mine in the district working in the aforesaid wet places, to provide a suitable building, which shall be convenient to the principal entrances of such mine for the use of the persons employed in wet places therein for the purpose of washing themselves and changing their clothes when entering the mine and returning therefrom. The said building shall be maintained in good order and be properly lighted and heated and shall be provided with facilities for persons to wash. If any person or persons shall neglect or fail to comply with the provisions of this article or maliciously injure or destroy or cause to be injured or destroyed, the said building or any part thereof, or any of the appliances or fittings used for supplying light and heat therein, or doing any act tending to the injury or destruction thereof he or they shall be deemed guilty of an offense against this act.

Rule 70. In all shafts and slopes where persons, coal, or other material are hoisted by machinery the following code of signals shall be used:

One rap or whistle to hoist coal or other material.

One rap or whistle to stop cage or car when in motion.

Two raps or whistles to lower cage or car.

Three raps or whistles when persons are to be hoisted and for engineer to signal back ready when persons are to be hoisted, after which persons shall get on the cage or car, then one rap shall be given to hoist.

Four raps or whistles to turn on steam to the pumps.

But a variation from the above code of signals may be used by permission of the mine inspector: Provided, That in any such case such changed code shall be printed and posted.

Rule 71. No person or persons shall go into any old shaft or abandoned parts of the mine or into any other place which is not in actual course of working without permission from the mine foreman, nor shall they travel to and from their work except by the traveling way assigned for that purpose.

Rule 72. No steam pipes through which high pressure steam is conveyed for the purpose of driving pumps or other machinery shall be permitted on traveling or haulage ways, unless they are encased in asbestos, or some other suitable nonconducting material, or are so placed that the radiation of heat into the atmosphere of the mine will be prevented as far as possible.

Rule 73. Where a locomotive is used for the purpose of hauling coal out of a mine, the tunnel or tunnels through which the locomotive passes shall be properly ventilated and kept free as far as practicable of noxious gases, and a ventilating

apparatus shall be provided by the operator to produce such ventilation when deemed necessary and practicable to do so by the mine inspector.

Rule 74. No inexperienced person shall be employed to mine out pillars unless in company with one or more experienced miners and by their consent.

ARTICLE XXI.

PENALTIES.

SEC. 1. Any person or persons whomsoever, who shall intentionally or carelessly injure any shaft, safety lamp, instrument, air course or brattice, or obstruct or throw open air ways, or take matches for any purpose, or pipes or other smokers' articles beyond any station inside of which locked safety lamps are used, or injure any part of the machinery, or open a door in the mine and not close it again immediately or open any door which opening is forbidden, or disobey any order given in carrying out the provisions of this act, or do any other act whatsoever whereby the lives or the health of persons or the security of the miners or the machinery is endangered, shall be deemed guilty of a misdemeanor and may be punished in a manner provided for in this article.

SEC. 2. The neglect or refusal to perform the duties required to be performed by any section of this act by the parties therein required to perform them, or the violation of any of the provisions or requirements hereof, shall be deemed a misdemeanor and shall, upon conviction thereof in the court of quarter sessions of the county wherein the misdemeanor was committeed, be punishable by a fine not exceeding five hundred dollars or imprisonment in the county jail for a period not exceeding six months, or both, at the discretion of the court.

SEC. 3. 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, or superintendent 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.

ARTICLE XXII.

DEFINITIONS.

SEC. 1. Coal mine. In this act the term "coal mine" includes the shafts, slopes, adits, drifts, or inclined planes connected with excavations penetrating coal stratum or strata, which excavations are ventilated by one general air current or divisions thereof and connected by one general system of mine railroads over which coal may be delivered to one or more common points outside the mine, when such is operated by one operator.

Excavations and workings. The term "excavations and workings" includes all the excavated parts of a mine, those abandoned as well as the places actually being worked, also all underground workings and shafts, tunnels and other ways and openings, all such shafts, slopes, tunnels and other openings in the course of being sunk or driven, together with all roads, appliances, machinery and material connected with the same below the surface.

Shaft. 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 or both in connection with the mining of coal.

Slope. The term “slope means an incline way or opening used for the same purpose as a shaft.

Operator.

66

The term operator" means any firm, corporation or individual

operating any coal mine or part thereof.

Superintendent. The term "superintendent" means the person who shall have, on behalf of the operator, immediate supervision of one or more mines. Bituminous mines. The term " 'bituminous" coal mine shall include all coal mines in the State not now included in the anthracite boundaries.

The provisions of this act shall not apply to any mine employing less than ten persons in any one period of twenty-four hours.

ARTICLE XXIII.

REPEAL.

SEC. 1. That all acts or parts of acts inconsistent herewith be, and the same are hereby, repea.ed.

ANNOTATIONS.

BITUMINOUS MINE STATUTE.

1. PURPOSE OF ACT-CONSTRUCTION-PROTECTION OF MINERS.

2. ANTHRACITE AND BITUMINIOUS LAWS-PURPOSE AND APPLICATION.

3. CONSTITUTIONALITY OF ACT-TITLE-CRIMINAL OFFENSES.

4. CONSTRUCTION AND APPLICATION OF ACT.

5. APPLICATION OF ACT-NUMBER OF MINERS EMPLOYED.

6. OPERATOR-SAFE CONDITIONS DUTY AND LIABILITY.

7. OPERATOR-DUTY TO PLACE MINE IN CHARGE OF FOREMAN.

8. OPERATOR-CONTROL OVER FOR MAN.

9. OPERATOR'S DUTIES-DANGEROUS CONDITIONS-PARTICULAR STRUCTURES. 10. OPERATOR-SUPERVISION OF WORKINGS RETAINED

LIABILITY.

11. OPERATOR-NEGLIGENCE-LIABI*ITY-QUESTION OF FACT.

12. OPERATOR'S KNOWLEDGE OF MINE FOREMAN'S NEGLIGENCE-LIABILITY.

13. SUPERINTENDENT-DUTIES-NEC LIGENCE-LIABILITY OF OPERATOR.

14. MINER'S WORKING PLACE SAFETY-DUTY AND LIABILITY.

15. FOREMAN CONDUCTING OPERATION-NEGLIGENCE-LIABILITY OF OPERATOR. 16. HAULAGEWAYS-CONSTRUCTION-SAFETY OF MINERS.

17. ENTRIES-OPERATOR'S DUTY AS TO-SAFETY.

18. PASSAGEWAYS-OPERATOR'S DUTY AS TO.

19. SAFETY LAMPS-APPLICATION OF ACT TO USE.

20. PROPS-DUTY AND LIABILITY.

21. VENTILATION-DUTY AND LIABILITY OF OPERATOR.

22. BORE HOLES-REQUIREMENTS AS TO

23. BOYS-EMPLOYMENT-DUTY OF OPERATOR TO INSTRUCT.

24. INEXPERIENCED MINERS-DUTY OF OPERATOR TO INSTRUCT.

25. INSPECTION-DUTY OF INSPECTORS-DANGEROUS CONDITIONS-PROCEDURE. 26. DANGEROUS CONDITIONS-COMMISSION ΤΟ EXAMINE

APPEAL-DUTY OF COURT.

MINE-PROCEDURE—

27. DANGEROUS CONDITIONS-NOTICE BY INSPECTORS-PROCEDURE-REMEDY OF

OPERATOR-APPEAL.

28. DANGEROUS CONDITIONS-PROCEDURE-REVIEW BY COURT. 29. DANGEROUS CONDITIONS-PROCEDURE UNDER ARTICLE XI.

30. DANGEROUS CONDITIONS-PROCEDURE UNDER ARTICLE XIV.

31. DANGEROUS CONDITIONS-DISTINCTION BETWEEN PROCEDURE UNDER ARTICLES XI AND XIV.

32. EXPLOSIVE GAS GENERATED-SAFETY LAMPS-DUTY OF INSPECTOR.

33. GAS WELL DRILLED THROUGH MINE-DANGEROUS CONDITION-DUTY OF INSPECTOR.

34. NEGLIGENCE-PROXIMATE CAUSE-PLEADING.

35. NEGLIGENCE-PROOF INSUFFICIENT-INSTANCES.

36. VIOLATION OF STATUTE-PROXIMATE CAUSE OF INJURY.

37. CONTRIBUTORY NEGLIGENCE QUESTION OF FACT.