1898 - Coalmininghistorypa.org

Xcviii MINING LAWS OF PENNSYLVANIA. Off. Doc.he may make an additional shaft, slope or outlet under, through orupon intervening lands, as may be determined upon and provided forby the award. If the finding of the viewers is against the owner, orifno award be made by reason of any default or neglect on the partof the owner, he shall be bound to comply with the provisions of thisact in the same manner as if this section had not been enacted. Incasie the said owner, operator or superintendent desires to, andclaims that he ought to make an additional opening under, throughor upon any adjoining or intervening lands, to meet the requirementsof this act,, for the ingress and egress of the men employed inhis or their mine, he or they shall make a statement of the facts inthe petition, with a survey, setting forth the point of commencementand the point of termination of the proposed outlet which he or they,their engineers, agents or employes may enttr upon said interveninglands and survey and mark, as he or they shall find it proper toadopt for such additional outlet, doing as little damage as possibleto the property explored; and the viewers shall state in their reportwhat damage will be sustained by the owner or owners of theintervening lands hy the opening, constructing and using of the outlet,and if the report is not appealed from, it shall be confirmed or rejectedby said court as to right and justice shall appertain, and anyfurther and all proceedings in relation thereto shall be in conformitywith like proceedings as in the case of a lateral railroad across orunder intervening lands, under the act in relation to lateral railroads,approved the fifth day of May, Anno Domini one thousandeight hundred and thirty-two, and the supplements thereto, so faras the provisions of the same are applicable hereto; and the noticesto the owner of intervening lands, of the intention to apply for theprivilege of making an outlet and meeting of the viewers shall begiven, and the costs of the case shall be paid as provided in the saidact of fifth day of May. Anno Domini one thousand eight hundredand thirty-two, and the supplements (hereto.Section 3. The escapements, shafts or slopes shall be fitted withsafe and available appliances by which the persons employed in themine may readily escape in case an accident occurs deranging thehoisting machinery at the main outlets.Section 4. In slopes where the angle of inclination is fifteen degreesor less there must be provided a separate traveling way, whichshall be maintained in a safe condition for travel and kept free fromsteam and dangerous gases.Section 5. No inflammable structure, other than a frame to sustainpulleys or sheaves, shall be erected over the entrance of anyopening connecting the surface with the underground woi-kings ofany mine, and no "breaker" or other inflammable structure for thepreparation or storage of coal shall be erected nearer than two hun-