1898 - Coalmininghistorypa.org

:xlviii ANNUAL. REPORT OF THE Off. Doc.shaft had been destroyed by ice, etc., and are unavailable for use;that no caniages or guides are provided tor said opening; that nosteam is kept up for tlie operation of said shaft, and that no engineeri? kept there, and that the only appliance for use there at the presenttime for jneuns of ingress and egress is a bucket.In answer the defendants allege that for six years last past thesecond opening in question has been fitted with reasonably safe andavailable appliances. They deny that no carriage or guides areprovided, but say tliat during the late cold weather a portion of thebuntons were torn away by ice but that upon this being discoveredsteps were taken to repair the damage, and that during the progressof such repairs a bucket had been provided, which provides a safe andavailable means of egress. They contend that the law does not requirecarriages in shafts sunk for second openings or outlets, or thatit requires the keeping of a second engineer and the keeping up ofsteam in the boilers all the time; and that the second opening asnow kept and maintained and which they contend can be operatedby hand windlass or by steam, furnishes a safe and available meansof egress as required by law.The provisions of the act of 1S91 which are relied upon by the relatoras being specially applicable to this branch of the case are containedin sections 1, 3 and 10 of article 4 of said act. .They are asfollows"Section 1. It shall not be lawful for the owner, operator or superintendentof any mine to employ any person or persons in suchmine or permit any person or persons to be in such mine for thepurpose of working therein, unless they are in connection with everyseam or stratum of coal; and from every lift thereof, worked in suchmine, not less than two openings or outlets separated by a strataof not less than sixty (60) feet in breadth underground, and onehundred and fifty (150) feet in breadth at the surface, at whichopenings or outlets safe and distinct means of ingress and egressare at all times available for the person or persons employed insaid mine, but it shall not be necessary for the said two openingsto belong to the same mine if the persons employed therein have safe,ready and available means of ingress and egress by not less thantwo openings. This section shall not apply to opening a new mineor to opening any new lift of a mine, while being worked for thepurpose of making communication between two said outlets, so longai? not more than twenty persons are employed at any one t inie in suchmine or new lift of a juine. neither shall it ai)])ly to any mine orI)art of a mine in which the second outlet has been rendered availableby reason of (be final robbing of pillars ]>revious to abandonmentso long as not more than twenty persons are emj)loyed therein at anyone time. The cage or cages and other means of egress shall, at all