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1900 - Coalmininghistorypa.org

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No. 11. MINING LAWS OF PENNSYLVANIA. lxxxvii<br />

ARTICLE IV.<br />

Shafts, Slopes, Openings and Outlets.<br />

Section 1. It shall not be lawful for the owner, operator or superinte»dent<br />

of any mine to employ any person or persons in such mine<br />

or permit any person or persons to be in such mine for the purpose<br />

of working therein, unless they are in connection with every seam<br />

or stratum of coal; and from every lift thereof, worked in such<br />

mine, not less than two openings or outlets, separated by a strata of<br />

not less than sixty (60) feet in breadth underground, and one hundred<br />

and fifty (150) feet in breadth at the surface, at which openings<br />

or outlets safe and distinct means of ingress and egress are at all<br />

times available for the person or persons employed in the said mine,<br />

but it shall not be necessary for the said two openings to belong to<br />

the same mine if the persons employed therein have safe, ready and<br />

available means of ingress and egress by not less than two openings.<br />

This section shall not apply to opening a new mine or to opening any<br />

new lift of a mine while being worked for the purpose of making<br />

communication between said two outlets, so long as not more than<br />

twenty persons are employed at any one time in such mine or new<br />

lift of a mine; neither shall it apply to any mine or part of a mine in<br />

which the second outlet has been rendered unavailable by reason of<br />

the final robbing of pillars previous to abandonment, so long as not<br />

more than twenty persons are employed therein at any one time.<br />

The cage or cages and other means of egress shall, at all times, be<br />

available for the persons employed where there is no second outlet.<br />

Section 2. The owner, operator or superintendent of any mine to<br />

which there is only one shaft, slope or outlet may petition the court<br />

of common pleas in and for the county in which such mine is<br />

situated, which said court is hereby empowered to act in the<br />

premises, setting forth that, in consequence of intervening lands between<br />

the working of his mine and the most practicable point, or the<br />

only practicable point, as the case may be, at which to make or<br />

bring to the surface from the working of his mine, he is unable to<br />

make an additional shaft, slope or outlet in accordance with the requirements<br />

of this act, whereupon the court may make an order of<br />

reference and appoint three disinterested persons, residents of the<br />

county, viewers, one or more of whom shall be a practical mining<br />

engineer, all of whom, after being sworn to a faithful discharge of<br />

their duties, shall view and examine the premises and determine as<br />

to whether the owner shall have the privilege of making an additional<br />

outlet through or upon any intervening lands, as the case may<br />

require, and report in writing to the court, which report shall be<br />

entered and filed of record. If the finding of the viewers, or any<br />

two of them, is in favor of the owner of such coal mine or colliery,

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