Report of the Bureau of Mines of the Department of Internal Affairs of ...

cxiv MINING LAWS OF PENNSYLVANIA. Off. Doc,
liy the mine inspector, the said owner, operator, superintendent, mine
foreman or other person specified above shall either promptly comply
therewith or within seven days from date thereof appeal from
such decision to the court of quarter sessions of the county wherein
the mine is located, and said court shall speedily determine the question
involved in said decision and appeal and the decision of said
court shall be binding and conclusive.
Section 2. The court or the judge of said court in chambers may
in its discretion, appoint three practical, reputable, competent and
disinterested persons whose duty it shall be, under instructions of
the said court, to forthwith examine such mine or other cause of
complaint and report under oath, the facts as they exist or may have
been, together with their opinions thereon within thirty days after
their appointment. The report of said board shall become absolute
unless exceptions thereto shall be filed within ten days after the
notice of the filing thereof by the owner, operator, mine superintendent,
mine foreman, mine inspector and other persons, as aforesaid,
and if exceptions are filed the court shall at once hear and determine
the same and the decision shall be final and conclusive.
Section 3, If the court shall finally sustain the decision of the
mine inspector, then the appellant shall pay all costs of such proceedings,
and if the court shall not sustain the decision of the mine
inspector then such costs shall be paid by the county: Provided,
That no appeal from any decision made by any mine inspector whicJi
can be immediately complied with shall work as a supersedeas 1o
such decisions during the pendency of such appeal, but all decisions
shai] be in force until reversed or modified by the proper court,
ARTICLE XV.
Examinations of Mine Foremen and Fire Bosses.
Section 1, On the petition of the mine inspector the court of common
pleas in any county in said district shall appoint an examining
board of three persons, consisting of a mine inspector, a miner and
an operator or superintendent, which said miner shall have received
a certificate of competency as mine foreman in mines generating explosive
gases, and the members of said examining board shall be
citizens of this Commonwealth, and the persons so appointed shall
after being duly orgnnized take and subscribe before an officer au
thorlzed to administer the same, the following oath, namely: ''We,
the undersigned, do solemnly swear (or affirm) that we will perform
the duties of examiners of applicants for the position of mine foremen
and fire bosses of bituminous coal mines to the best of our
abilities, and that in
certifying or rejecting said applicants we will
be governed by the evidence of the qualifications to fill Ihe position