1898 - Coalmininghistorypa.org

No. 11. MINING LAWS OF PENNSYLVANIA. cxixall cost attending the case. The said board of arbitration shall becomposed of three (3) persons, one of whom shall be chosen by theinspector,one by the said owner, operator or superintendent and athird by the two thus selected, and the decision of a majority of suchboard shall be final and binding in the matter.Section 1.ARTICLE XVII.Penalties.Any judge of the court of quarter sessions of the peaceof the county in which the mine or colliery, at which the offense, actor omission as hereinafter stated has occurred, is situated, is herebyauthorized and required, upon the presentation to him of the affidavitof any citizen of the Commonwealth setting forth that theowner, operator or superintendent, or any other person employed inor about such mine or colliery had been negligently guilty of an offenseagainst the provisions of this act, whereby a dangerous accidenthad resulted or might have resulted to any person or personsemployed in such mine or colliery, to issue a warrant to the sheriffof said county directing him to cause such person or persons to bearrested and brought before said judge, who shall hear and determinethe guilt or innocence of the person or persons so charged;and if convicted he or they shall be sentenced to pay a fine not exceedingfive hundred dollars, in all cases not otherwise provided forin this act, or an imprisonment in the county jail for a period not exceedingthree (3) months, or both, at the discretion of the court: Provided,That any defendant may waive trial before a judge as hereinprovided and at any time, at or before the time of such trial, demanda trial by a jury in the court of (juarter sessions, in which case hemay enter into a recognizance before said judge with such surety orsureties and in such sum as said judge maj^ approve, conditioned forhis appearance at the next court of quarter sessions to answer thecharge against him and abide the orders of the court in the premises,meanwhile to be of good behavior and keep the peace, or in defaultof such recognizance to be committed to the county jail to await suchtrial.Section 2.If any person shall feel himself aggrieved by such convictionand sentence before a judge as aforesaid, he may appealtherefrom subject to the following conditions, namely: The appellantshall, within seven days after the decree has been made, givenotice to the prosecutor of his intention to appeal, and within thesame time enter into a recognizance, with such surety or sureties andin such sum as shall be approved by said judge, conditioned to appearand try such appeal before the next court of quarter sessions ofthe peace and to abide the judgment of the court thereon and to pay