1900 - Coalmininghistorypa.org

lxxxviii FINING LAWS OF PENNSYLVANIA. Off. Doc.
he may 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 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 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 employes 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 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 fifteen degrees
or less there must be provided a separate traveling way, which
shall be maintained in a safe condition for travel and kept free from
steam and dangerous gases.
Section 5. 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 hun-