1900 - Coalmininghistorypa.org

ex MINING LAWS OF PENNSYLVANIA. Off. Doc.
all
such c^sts and penalties as may be there awarded, and upon the
compliance with such conditions the judge shall release the appellant
from custody pending the appeal.
Section 3. Nothing in this act shall prevent any person from being
indicted or liable under any other act, to any higher penalty or punishment
than is herein provided, and if the court before whom any
such proceeding is had shall be of the opinion that proceedings
ought to be taken against such persons under any other act, or otherwise,
he may adjourn the case to enable such proceedings to be taken.
Section 4. All offenses under this act are declared to be misdemeanors
and in default of payment of any penalty or cost by the
party or parties sentenced to pay the same, he or they may be imprisoned
for a period not exceeding three (3) months and not less
than thirty (30)
days.
Section 5. For any violation of duty by the mine inspector prescribed
by this act, he shall be deemed guilty of a misdemeanor, and
upon conviction, be sentenced to pay a fine of not more than three
hundred dollars or be imprisoned for a period not exceeding three
months, or either, or both, at the discretion of the court.
Section 6.
All fines imposed under this act shall be paid into the
county treasury for the use of the county.
Section 7. No conviction or acquittal under this act, in any complaint,
shall be received in evidence upon the trial of any action for
damages arising from the negligence of any owner, operator or superintendent
or employe in any mine or colliery.
Section 8. 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, superintendent, mine foreman or fire boss
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 XVIII.
Definition of Terms.
In this act, unless the context otherwise requires, the term ''coal
mine or colliery" includes every operation and work, both under
ground and above ground, used or to be used for the purpose of mining
and preparing coal.
The term "workings" includes al the excavated parts of a mine,
those abandoned as well as the places actually at work.
The term "mine" includes all underground workings and excavations
and shafts, tunnels and other ways and openings; also all such