surveys. Boundary lines. the surface, where such elevation shall be deemed necessary at the colliery. SECTION 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. Copy of map to be spector. deposited with in And one copy to be kept at the colliery. Progress of work to tor's map at least once every six be noted on inspec months. Said progress to be months from date of noted within two last survey. Prior to abandonany lift thereof, maps extended so ment of mine, or of owners to have as to include all excavations. certain portions to be carefully verified. On failure of owner tor such map or plan, the inspector to furnish to inspec may have it made at the expense of such owner. SECTION 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 How cost is recovas other debts are by law recoverable. SECTION 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 applica tion 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. SECTION 6. If it shall be found that the map or plan fur. nished 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. erable. when map is believed to be inac curate, on petition of inspector, court may order correct map to be made. of common pleas Expenses thereof to be paid by owners, &c. When the state shall pay for such map. Knowingly furnish ing an incorrect or a misdemeanor. SECTION 7. If it shall be shown that the said owner, opera false map declared tor 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. Penalty. Maps or plans the property of the state, and to be in custody of inspector. And be transferred to his successor. Copies not to be made without consent of owner. When inspector's ted. SECTION 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. SECTION 9. The inspector's map or plan of any particular map may be inspec- 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 work ings, which may be supposed to contain water or dangerous gases, but only to the miner working in such supposed dangerous place. And by whom. Employment of per sons in mines pro are two outlets to each seam of coal. ARTICLE IV. SHAFTS, SLOPES, OPENINGS AND OUTLETS. SECTION 1. It shall not be lawful for the owner, operator hibited unless there or superintendent of any mine to employ any person or persons in such mine, or permit any person or persons to be in such mine for the purpose of working therein, unless they are in connection with every seam or stratum of coal, and from every lift thereof worked in such mine, not less than two openings or outlets, separated by a strata of not less than sixty (60) feet in breadth under ground and one hundred and fifty (150) feet in breadth at the surface, at which openings or outlets safe and distinct means of ingress and egress are at all times available for the person or persons employed in the said mine; but it shall not be neceslets need not belong sary for the said two openings to belong to the same mine, if the persons employed therein have safe, ready and available means of ingress and egress by not less than two openings. This section shall not apply to opening a new mine, or to opening any new lift of a mine while being worked for the purpose of making communication between said two outlets, so long as not more than twenty persons are employed at any one time in such mine or new lift of a mine, neither shall it apply to any mine or part of a mine in which the second outlet has been rendered unavailable, by reason of the final robbing of pillars previous to abandonment, so long as not more than twenty persons are employed therein When the two out to the same mine. This provision not to apply to opening a new mine, &c. Unless more than twenty persons are employed at same time. used for egress. at any one time. The cage or cages and other means of When cages may be egress shall at all times be available for the persons employed where there is no second outlet. Authority to make slope or outlet upon intervening lands tition to the court. Contents of peti an additional shaft, must be had on pe tion. Court may appoint viewers. Report. SECTION 2. The owner, operator or superintendent of any mine, to which there is only one shaft, slope or outlet, may petition the court of common pleas in and for the county in which such mine is situated, which said court is hereby empowered to act in the premises, setting forth that in consequence of intervening lands between the working of his mine and the most practicable point, or the only practicable point, as the case may be, at which to make or bring to the surface from the working of his mine, he is unable to make an additional shaft, slope or outlet, in accordance with the requirements of this act; whereupon the court may make an order of reference, and appoint three disinterested persons, residents of the county, viewers, one or more of Qualifications. whom shall be a practical mining engineer, all of whom after being sworn to a faithful discharge of their duties, To be sworn. shall view and examine the premises, and determine as Their duties. to whether the owner should have the privilege of making an additional outlet through or upon any intervening lands as the case may require, and report in writing to the term of court, which report shall be entered and filed of record; if the finding of the viewers, or any two of them, is in favor of the owner of such coal mine or colliery, he may When favorable. make an additional shaft, slope or outlet, under, through or upon intervening lands, as may be determined upon and provided for by the award; if the finding of the viewers is against the owner, or if no award be made by reason of any When unfavorable, default or neglect on the part of the owner, he shall be bound to comply with the provisions of this act in the same manner as if this section had not been enacted; in case the said owner, operator or superintendent desires to, and claims that he ought to make an additional opening under, through or upon any adjoining or intervening lands, to meet the requirements of this act, for the ingress and egress of the submit survey. men employed in his or their mine, he or they shall make a statement of the facts in the petition, with a survey setting forth the point of commencement and the point of termination of the proposed outlet, which, he or they, their engineers, agents or employés may enter upon said intervening lands and survey and mark, as he or they shall find it proper to adopt, for such additional outlet, doing as little damage as possible to the property explored; and the viewers shall state in their report what damage will be sustained by the owner or owners of the intervening lands by the opening, constructing and using of the outlet; and if the report is not appealed from, it shall be confirmed or rejected by said court, as to right and justice shall appertain; and any further and all proceedings in relation thereto shall be in conformity with like proceedings, as in the case of a lateral railroad across or under intervening lands, under the act in relation to lateral railroads approved the fifth 15 LAWS. When owner, &c., ditional opening he desires to make ad shall make a statement of facts and Damages to be stated by viewers in their report. Court may confirm or reject the report. Proceedings on appeal or exceptions regulated. How notices are to be served. Escapements, &c., to be fitted with safe appliances. Certain slopes to be rate traveling ways, day of May, Anno Domini one thousand eight hundred and thirty-two, and the supplements thereto, so far as the provisions of the same are applicable hereto; and the notices, to the owner of intervening lands, of the intention to apply for the privilege of making an outlet, and meeting of the viewers, shall be given, and the costs of the case shall be paid, as provided in the said act of fifth day of May, Anno Domini one thousand eight hundred and thirty-two, and the supplements thereto. SECTION 3. The escapements, shafts or slopes shall be fitted with safe and available appliances, by which the persons employed in the mine may readily escape, in case an accident occurs deranging the hoisting machinery at the main outlets. SECTION 4. In slopes, where the angle of inclination is provided with sepa- fifteen degrees (15°) or less, there must be provided a separate travelling way, which shall be maintained in a safe condition for travel and kept free from steam and dangerous gases. &c. Erection of inflainmable buildings over openings prohibited. Certain structures excepted. Top of shaft, &c., to be fenced off, &c. Abandoned slopes to be fenced. Underground entrances to be guarded. Speaking tubes to beprovided. Signals. Hand rails, &c., on every cage. SECTION 5. From and after the passage of this act, no inflammable structure, other than a frame to sustain pulleys or sheaves, shall be erected over the entrance of any opening connecting the surface with the underground workings of any mine, and no "breaker," or other inflammable structure for the preparation or storage of coal, shall be erected nearer than two hundred (200) feet to any such opening, but this act shall not be construed to prohibit the erection of a fan drift for the purpose of ventilation, or of a trestle for the transportation of cars from any slope to such breaker, or structure, neither shall it apply to any shaft or slope until the same has been driven, to its proposed limit, or until the work of development and shipment of coal has commenced: Provided, That this section shal not apply to breakers that are now erected or that are in course of erection. SECTION 6. The top of each shaft, and also of each slope, if dangerous, or any intermediate lift thereof, shall be securely fenced off by railing, or by vertical or flat gates. SECTION 7. Every abandoned slope, shaft, air-hole and drift shall be properly fenced around or across its entrance. SECTION 8. All underground entrances to any places not in actual course of working or extension shall be properly fenced across the whole width of such entrances, so as to prevent persons from inadvertently entering the same. SECTION 9. The owner, operator or superintendent of any coal mine or colliery, which is worked by shaft or slope, shall provide and maintain a suitable appliance by or through which conversation can be held by and between persons at the bottom and at the top of the shaft or slope, and also an efficient means of signaling from the bottom of such shaft or slope to the engineer in charge of the hoisting engine. SECTION 10. Hand-rails and efficient safety catches shall be attached to, and a sufficient cover overhead shall be provided on, every cage used for lowering or hoisting persons in any shaft. SECTION 11. Wherever practicable, every cage or gunboat, used for lowering or hoisting persons in any slope, shall be provided with a proper protector so constructed, that persons, while on such cage or gunboat, shall not be struck by anything which may fall or roll down said slope. SECTION 12. The main link and chain, connecting the rope to the cage, gunboat or car in any shaft or slope, shall be made of the best quality of iron. Bridle chains, made of the same quality of iron, shall be attached to the main link, rope or rope socket from the cross-head of the cage or gunboat, when persons are being lowered or hoisted thereon. SECTION 13. The ropes, safety catches, links and chains shall be carefully examined every day they are used, by a competent person delegated for that purpose, and any defects therein found, by which life and limb may been endangered, shall be immediately remedied. SECTION 14. An efficient brake shall be attached to every drum that is used for lowering or raising persons or material in any mine. SECTION 15. Flanges or horns, of sufficient dimensions to prevent the rope from slipping off the said drum, shall be provided and properly attached to the drum, and all machines used for lowering or hoisting persons in mines shall be provided with an indicator to show the position of the cage, car or gunboat in the shaft or slope. Structures to sus tain the pulleys to be erected. SECTION 16. Over all shafts, which are being sunk or shall hereafter be sunk, a safe and substantial structure shall be erected to sustain the sheaves or pulleys, at a height of not less than twenty (20) feet above the tipping place, and the top of such shaft shall be arranged in such manner Top of shaft to be that no material can fall into the shaft while the bucket is being emptied. SECTION 17. The said structure shall be erected as soon as a substantial foundation is obtained, and in no case shall a shaft be sunk to a depth of more than fifty (50) feet without such structure. SECTION 18. If provision is made to land the bucket upon a truck, the said truck shall be constructed in such manner that material cannot fall into the shaft. covered. When suchstructure to be erected. Construction of truck. Rock and coal from shafts to be raised attachments. SECTION 19. All rock and coal from shafts as they are being sunk shall not be raised, except in a bucket or on a in bucket or cage. cage, and such bucket or cage must be connected to the rope or chain by a safety hook, clevis, or other safe attachment. SECTION 20. Such shafts shall be provided with guides Guides and guide and guide attachments, applied in such a manner as to prevent the bucket from swinging while descending or ascending therein, and such guides and guide attachments shall be maintained at a distance of not more than seventy-five (75) feet from the bottom of such shaft, until its sinking |