Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-02-14

thereby Tor scch VOCATION, ana IN case
OF such notice being dlsregarded for
the space or ten days, they shall insti-
tuto suits against the owner of the
mine in the name of the Commonwealth
for the recovery OF the penalty, as speci-
fed in section 10th OF this act in any
case, however, where, in the Judgment
of the inspector of either district delay
may ieopardizc life or limb, he shall at
once notify the inspectors Of the other
districts, whereupon they shall at once
proceed to the mine or colliery where
the danger exists and examine into
the matter, and II, after full investiga-
ton thereof, they shall be agreed in
the opinion that there is immediate
danger, they shall apply in the name
of the Commonwealth TO the court OF
common pleas Of the county in which
the mine may be located, for an injunc-
ton to suspend all work in and about
such mine or colliery, whereupon
said court, if the cause appear to be
sufficient, shall issue their writ to re-
strain said mine or colliery and hold
the same idle until all cause Of danger
is removed aud the costs ofsaid proceed
ings, including the charges of attorney
prosecuting SAID application, shall be
borne by the owner Of the mine or
colliery.
SEc. II. Whenever by reason any
explosion or other accident in or about
any bituminous coal mine, loss Of life
or serious personal injury shall occur
il shall be the duty OF the person hav-
ing charge OF such mine or colliery, TO
give notice thereof forthwith to the in
spector of the district, and if any per-
son is killed to tho Coroner OF the
county, who shall give due notice OF
the inquest to be held. 1t tshall be the
duty OF the inspector, upon being noti-
fled us herein provided, to Immediately
repair to the scene OF the accident and
make such suggestions as may appear
necessary TO secure the future safety
of the men and if the results Of the
explosion do not require an inyestiga-
tion by the Coroner, he shall proceed
to investigate and ascertain the cause
of the explosion or accident, and make
record thereof, which be shall file as
provided for aud to enable him to make
the investigation, he shall have power
to compel the attendance Of persons TO
testify and to administer oaths or
ailirmations. The cost OF such investi.
cation shall be paid by the county in
which the accident occurred in the
same manner as costs of inquests held
by the Coroner or Justice Of the Peace
are paid.
SIC Is. The court of common pleas
of any county in the proper district,
upon petition signed by not less than
fifteen reputable citizens, setting forth
that any inspector OF mines grossly
neglects duties, or is incompetent, or
that he is guilty of a malieasance in
Office, shall issue citation in the name
of the Commonwealth to the said in
spector to appear on not less than fif-
teen days notice day fixed before
SAID court, at which time the court
shall proceed to inquire into and inves-
tIgate the allegations OF the petitioners.
Ii the court find that the said inspector
is grossly neglectful of his duties, or is
incompetent TO perform the duties OF
his office, or that he is guilty of NAL
feasance in office, the court shall certi-
fy the same to the Governor, who shall
declare the office of said inspector va
cant and proceed in compliance with
the provisions OF this act TO supply the
vacancy. The costs OF said investiga-
tion shall, il the charges are sustained,
be imposed upon the inspector, but il
the charges are not sustained they
shall be imposed upon the petitioners,
SIC. l6. The neglect or refusal to
, perform the duties required to be per
, formed by any section in this act, by
the parties therein required TO perform
: them, or the violation of any of the
provisions or requirements hereof, shall
! be deemed misdemeanor, and shall,
upon conviction, be punished by fine
OF not less than two hundred dollars
J nor exceeding five hundred dollars, and
, all penalties recovered under this act
shall be paid into the treasury OF the
! State.
) SEC II. Any mi employing ten
/, n;nnrs ora loss number the nroyisions
or,h;s ac, shall moi anply thereto but
! when any complaint is made by any
nerson working in such mine 10 the
nsnsc,or /, s6all then he lawful for
/ h;r 70 yi.it and examine said mine
I md recommend II necessary. TO the
owner or onera,or thereof such i'm.
r nrovemen,s 10 be made as will secure
, ,ha health and safety of nersons em
, ,Ioved ,hercin and in nil cases The
> nsyoo,ors shall have discretionary
/ no,rer os ,o tho enforcement of il,
, provisions Provided That in cas-,
r Whom The insnector exceeds his autbori
=, ' ',;ysn him hv Tho nrovisions of mi,
~ w., nr ,o rerommcnd measures unor
|, n,;nos min now in oncro,ion which is i'm
a ] ,ns"lIn ~ ,o ho darr;od ont ,bon said
pynor or o,erotor NAV anniv nv nett
:. ,;on ~ ,he conr, of onar,er sessions o,
Wv" ,h" ,n,n,v w NJ, wberein snrb mine Is Ioca
,"d md soid conrt shall tbcreupor
~, ,,,,.,,,o,,.,,
q dpiI;o,.,res,od dp nars,ns whose dntv +
= I',, La ~ eir,hw;,h oyo,n;ro sncI
: s"a'' sun, w o,d ~ haor ,ho nroocs and ollnoa
y ,;nns [ of r ,he insnec,or md onera,or o,
o',nos "u"9 - aad I mare srch ronor, nnde,
|, oa,h - com, ol tho fac,s a. ,bev ox
y, ,ore,ber with their oninion tbere