1898 - Coalmininghistorypa.org

No. 11. MINING LAWS OF PENNSYLVANIA. cxxxvcoal mine ou said laud, and it shall not be practicable to drain orventilate such mines or to comply with the requirements of this acta^: to ways of ingress and egress or traveling ways by means ofopenings on lauds owned or held uuder lease by him, them or it, andthe same can be done by means ofopenings on adjacent lands, he,they or it may apply by petition to the court of quarter sessions ofthe proper county, after ten days' notice to the owner or owners,their agents or attorney, setting forth the facts under oath or affirmationparticularly describing the place or places where such openingor openings can be made, and the pillars of coal or other materialnecessary for the support of such passageway and such right of wayto any public road as may be needed in connection with such opening,and that he or they cannot agree with the owner or owners of theland as to the amount to be paid for the privilege of making such openingor openings, whereupon the said court shall appoint three disinteresiedand competent citizens of the county to view the ground desigmitedand lay out from the point or points mentioned insuch petition,a passage or passages not more than eighty feet area by eitherdrift, shaft or slope, or by a combination of any of said methods byany practicable and convenient route to the coal of such person, firmor corporation, preferring in all cases an opening through the coalstrata where the same is practicable. The said viewers shall, at thesame time, assess the damages to be paid by the petitioner or petitionersto the owner or owners of such lands for the coal and othervaluable material to be removed in the excavation and constructionof said passage, also for such coalor other valuable material necessarytosupport the said passage, as well as for a right of way notexceeding fifteen feet in width from any such opening to any publicroad, to enable persons to gain entrance to the mine through suchopening or to provide therefrom, upon the surface, a water course ofSt! j table dimensions to a natural stream to enable the operator todischarge the water from said mine if such right of way shall bedesired by the petitioner or petitioners, which damages shall be fullypaid before such opening is made. The proceedings shall be recordedin the road docket of the proper county, and the pay of viewersh\\[\U be the same as in road cases; if exceptions be filed they shallbe disposed of by the court as speedily as possible, and both partiesto have the right to take depositions as in road cases. If, however,the petitioner desires to make such openings or roads orwaterways before the final disposition of such exceptions, he shallhave the right to do so by giving bond, to be aprpoved by the courtsecuring the damages as provided by law in the case of lateral railroads.Section 2.It shall be compulsory upon the part of the mine owneror operator to exercise the powers granted by the provisions of the