1900 - Coalmininghistorypa.org

No. 11. MINING LAWS OF PENNSYLVANIA. cxxxi
fault under the provisions of section two of article twenty-one of this
act.
In case, however, where, in the judgment of the mine inspector
of the district, any mine or part of mine is in such dangerous condition
as to jeopardize life or health, he shall at once notify two of the
mine inspectors of the other districts, whereupon they shall at once
proceed to the mine where the danger exists and examine into the
matter, and if, after full investigation thereof, they shall agree in
the opinion that there is immediate danger, they shall instruct the
superintendent of the mine in writing to remove such condition
forthwith, and in case said superintendent shall fail to do so, then
they shall apply, in the name of the Commonwealth, to the court of
common pleas of the county, or in case the court shall not be in session,
to a judge of the said court in chambers in which the mine
ma}' be located for an injunction to suspend all work in and about
said mine, whereupon said court or judge shall at once proceed to
hear, and determine speedily the same, and if the cause appear to
be sufficient after hearing the parties and their evidences, as in like
cases, shall issue its
writ to restrain the working of said mine until
ail cause of danger is removed, and the cost of said proceedings shall
be borne by the owner, lessee or agent of the mine: Provided, That
if said court shall find the cause not sufficient, then the case shall
be dismissed and the costs shall be borne by the county wherein
said mine is located.
ARTICLE XII.
Inquests,
Et Cetera.
Section 1. Whenever, by reason of any explosion or other accidents
in any bituminous coal mine or the machinery connected therewith,
loss of life or serious personal injury shall occur, it shall be the
duty of the person having charge of such mine to give notice thereof
forthwith to the mine inspector of the district and also to the
coroner of the county, if any person is killed.
Section 2. If the coroner shall determine to hold an inquest, he
shall notify the mine inspector of the district of time and place of
holding the same, who shall offer such testimony as he may deem
necessary to
thoroughly inform the said inquest of the cause of the
death, and the said mine inspector shall have authority at any time
to appear before such coroner and jury and question or cross-question
any witness, and in choosing a jury for the purpose of holding
such inquest it shall be the duty of the coroner to empanel a jury,
no one of which shall be directly or indirectly interested.
Section 3. It shall be the duty of the mine inspector, upon being
notified of any fatal accident as herein provided, to immediately repair
to the scene of the accident and make such suggestions as may
appear necessary to secure the safety of any persons who may be en-