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1900 - Coalmininghistorypa.org

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

AN ACT<br />

To provide payment to the miner for all clean coal mined by him.<br />

Section 1. Be it enacted, &c, That from and after the passage of<br />

this act all individuals, firms and corporations engaged in mining<br />

coal in this Commonwealth, who, instead of dumping all the cars<br />

that come from the mine into a breaker or chutes, shall<br />

switch out<br />

one or more of the cars for the purpose of examining them, and determining<br />

the actual amount of slate or refuse, by removing said<br />

slate or refuse from the car, and who shall, after so doing, willfully<br />

neglect to allow the miner in full for all clean coal left after the refuse,<br />

dirt or slate is<br />

taken out, at the same rate paid at the mine for<br />

clean coal less the actual expense of removing said slate or refuse,<br />

he shall be deemed guilty of a misdemeanor.<br />

Section 2. That any individual, firm or corporation as aforesaid,<br />

violating the provisions of this act, upon suit being brought and conviction<br />

had, shall be sentenced by the court to pay a fine of not more<br />

than one hundred dollars, and to make restitution by paying to the<br />

miner the amount to which, under this act, he would be entitled for<br />

the coal mined by him, and for which he was not paid.<br />

Approved—The 13th day of June, A. D. 1883.<br />

ROBT. E. PATTKSON<br />

AN ACT<br />

To provide for the recovery of the bodies of workmen enclosed, buried or entombed<br />

in coal mines.<br />

Be it enacted, &c, That whenever any workman or work-<br />

Section 1.<br />

men shall heretofore have been, or shall hereafter be enclosed, entombed<br />

or buried in any coal mine in this Commonwealth, it shall<br />

be the duty of the court, sitting in equity, in the county wherein<br />

such workman or workmen are enclosed, entombed or buried, upon<br />

the petition of any of the relatives of those enclosed, entombed or<br />

buried, to make an order of court for the petitioner to take testimony<br />

in order that the court may ascertain whether such workman or<br />

workmen, or the body or bodies of such workman or workmen, can<br />

be recovered or taken out of said mine.<br />

If, after full hearing, it shall appear to the court that such under<br />

taking is feasible or practicable, said court may forthwith issue a<br />

peremptory mandamus to the owner or owners, lessee or lessees,<br />

operator or operators of such coal company, to forthwith proceed to<br />

work for and recover and take out the body or bodies of such work

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