Disposition of fee. his description as near as may be, which said certificate shall authorize the owner thereof to hunt and kill game in any part of this Commonwealth, during the period of that year when game may be legally killed, under the restrictions and for the purposes allowed by law; said certificate shall not be transferable, Not transferable. and shall be exposed for examination, upon demand made by any game protector, constable, or game warden of the State. One-half of the license fee so received by any county treasurer shall be retained by bim, for the use of the county wherein the same is paid, and the remaining one-half of said fee shall be forwarded by him to the State Treasurer, in the same manner and for the same purpose as is now provided by law in the case of fines or penalties recovered for violation of the provisions of any of the sections of an act, entitled "An act to provide for the protection and preservation of game, game quadrupeds and game birds, and song and insectiverous birds," approved the fourth day of June, Anno Domini one thousand eight hundred and ninety-seven. All fines and penalties Distribution of recovered for violation of the provisions of this act shall be distributed as are fines and penalties collected for violation of the said act of June fourth, one thousand eight hundred and ninety-seven. Section 2. Possession of a gun, in the fields or in the forests or on the waters of this Commonwealth, by an unnaturalized, foreign-born resident or a non-resident of this Commonwealth, without having first secured dence. the license required by this act, shall be prima facie Prima facie evievidence of a violation of its provisions; and any person so offending shall be liable to a penalty of twenty- Fine and penalty. five dollars for each offense, or in default of the payment thereof, with the costs of prosecution, to suffer an imprisonment in the county jail for a period of one day for each dollar of penalty imposed, unless he or they enter into good and sufficient recognizance to pay Ball. said penalty and costs within a period of ten days from the date of conviction, or enter into recognizance to answer said complaint, on a charge of misdemeanor. before the court of quarter sessions of the peace of the county where said offense is charged to have been committed; which court, on the conviction of the defendant or defendants, and failure to pay the penalty or penalties imposed, with the cost of prosecution, shall commit the said defendant or defendants to the jail of the county for a period of one day for each dollar of penalty imposed. Section 3. All officers of the Commonwealth whose duty it is to protect the game of the Commonwealth, shall have power to seize all guns and shooting paraphernalia, and game in possession or belonging to the suspected parties, within the Commonwealth. The game, upon conviction of the parties so arrested, shall Commitment. Power of officers. Disposition of game seized. Guns, etc. Advertisement. Sale. Disposition of fund. Proviso. Repeal. be forfeited to the State, and forwarded by said officer to the most convenient public hospital, for the use of the sick or injured therein; and the guns and shooting paraphernalia held, subject to the payment of the penalty or penalties imposed, with the costs of prosecution; and in the case of default of the payment thereof for a period of five days from the date of conviction, unless appeal be taken, to advertise the same by public handbill, not less than five in number, conspicuously displayed in the borough or township where the conviction was secured, and after the lapse of ten days from the date of advertising, to sell said guns and paraphernalia at public auction. The fund thus realized shall be applied, first, to the payment of costs incurred, then to the payment of the penalty imposed, and the remainder, if any, shall be returned to the owner or owners of the property so seized and sold: Provided, That the fact that imprisonment is suffered by any person convicted of violating the provisions of this act, shall not prevent the sale of all guns and hunting paraphernalia so seized, and the application of the fund thus realized to the purposes before mentioned. Section 4. "An act requiring non-resident gunners to secure a license before hunting in the Commonwealth of Pennsylvania, and providing penalties for violations of its provisions," approved the twentyfourth day of April, one thousand nine hundred and one, be and the same is hereby repealed. Approved-The 14th day of April, A. D. 1903. Department of No. 137. AN ACT To establish a Department of Mines in Pennsylvania; defining its purposes and authority; providing for the appointment of a Chief of said Department, and assistants, and fixing their salaries and expenses. Section 1. Be it enacted, &c., That there is hereby established in Pennsylvania a Department known as the Department of Mines, which shall be charged with the supervision of the execution of the mining laws Duties and powers of this Commonwealth, and the care and publication of the annual reports of the inspectors of coal mines and any and all other mines that may come under the provisions of the mining laws of this Commonwealth. of. Section 2. The chief officer of this Department shall Chief of the De partment of Mines. by the Governor. be denominated Chief of the Department of Mines, and shall be appointed by the Governor, by and with the advice and consent of the Senate, within thirty days. after the final passage of this act, and every four years thereafter, who shall be commissioned by the Gover- Appointment of nor to serve a term of four years from the date of his Term and salary appointment, and until his successor is duly qualified, of. and shall receive an annual salary of four thousand dollars and travelling expenses; and in case of a vacancy in the office of Chief of said Department, by reason of death, resignation or otherwise, the Governor shall appoint a qualified person to fill such vacancy for the unexpired balance of the term. Section 3. The Chief of the Department of Mines shall be a competent person, having at least ten years' practical experience as a miner and the qualifications of the present mine inspectors. The said Chief of the Department of Mines, so appointed, shall, before entering upon the duties of his office, take and subscribe to the oath of office prescribed by the Constitution, the same to be filed in the office of the Secretary of the Commonwealth, and give to the Commonwealth a bond in the penal sum of ten thousand dollars, with surety, to be approved by the Governor, conditioned for the faithful discharge of the duties of his office. Qualification. Oath. Bond. Power and au- thority of the May suspend mine Section 4. It shall be the duty of the Chief of the Department to devote the whole of his time to duties of his office, and to see that the mining laws of the State are faithfully executed; and for this purpose he is hereby invested with the same power and authority as the mine inspectors, to enter, inspect and examine any mine or colliery within the State, and the works and machinery connected therewith, and to give such aid and instruction to the mine inspectors, from time to time, as he may deem best calculated to protect the health and promote the safety of all persons employed in and about the mines; and the said Chief of the Department of Mines shall have the power to suspend any mine inspector for any neglect of duty, inspectors for but such suspended mine inspector shall have the neglect of duty. right of appeal to the Governor, who shall be empow- Appeal, ered to approve of such suspension or restore such suspended mine inspector to duty, after investigating the causes which led to such suspension. Should the Chief of Department of Mines receive information by petition, signed by ten or more miners or three or more Petition of miners operators, setting forth that any of the mine inspectors are neglectful of the duties of their office, or are physically unable to perform the duties of their office, or are guilty of malfeasance in office, he shall at once in- Investigation. vestigate the matter; and if he shall be satisfied that the charge or charges are well founded, he shall then petition the court of common pleas or the judge in chambers, in any county within or partly within the or operators. Citation. Inquiry by the court. inspection district of the said mine inspector; which court upon receipt of said petition and a report of the character of the charges and testimony produced, shall at once issue a citation, in the name of the Commonwealth, to the said inspector to appear, on not less than fifteen days' notice, on a fixed day, before said court, at which time the court shall proceed to inquire into the allegations of the petitioners, and may require the attendance of such witnesses, on the subpoena issued and served by the proper officer or officers, as the judge of the court and the Chief of said Department may deem necessary in the case; the inspector under investigation shall also have similar power and authority to compel the attendance of witnesses in his behalf. If the court shall find by said investigation that the said mine inspector is guilty of neglecting his official duties, or is physically incompetent to perform the duties of his office, or is guilty of malfeasance Certificate of court in office, the said court shall certify the same to the Governor, who shall declare the office vacant, and shall proceed to supply the vacancy as provided by the mining laws of the State. The cost of such investigation shall, if the charges are sustained, be imposed upon the deposed mine inspector; but if the charges are not sustained, the costs shall be paid out of the State Treasury, upon voucher or vouchers duly certified by said Chief of Department. to the Governor. The costs. Chief of Department empowered to administer oaths and take affidavits, Proviso, To enable said Chief of the Department of Mines to conduct more effectually his examinations and investigations of the charge and complaints which may be made by petitioners against any of the mine inspectors as herein provided, he shall have power to administer oaths and take affidavits and depositions, in form and manner provided by law: Provided, however, That nothing in this section shall be construed as to repeal section thirteen of article two of the act of Assembly, approved the second day of June, Anno Domini one thousand eight hundred and ninety-one, entitled "An act to provide for the health and safety of persons employed in and about the anthracite coal mines of Pennsylvania, and for the protection and preservation of property connected therewith," and also articles thirteen and fourteen of an act of Assembly, approved the fifteenth day of May, Anno Domini one thousand eight hundred and ninety-three, entitled "An act relating to bituminous coal mines, and providing for the lives, health, safety and welfare of persons employed therein." Section 5. It shall be the duty of the Chief of the Department of Mines to take charge of, and preserve Annual reports of iu his office, the annual reports of the mine inspectors, and transmit a synopsis of them, together with such other statistical data compiled therefrom, and other work of the Department as may be of public interest, inspectors. Synopsis of, to be eral Assembly. reports. Reports to be delivered to Chief on ruary 20th, annu or before Feb ally. properly addressed, to the Governor, to be transmitted to the General Assembly of this Commonwealth, on sent to the Genor before the fifteenth day of March in each year. It shall also be the duty of the Chief of Department of Mines to see that said reports are placed in the hands of the public printer for publication, on or before the Publication of first day of April in each year; the same to be published under the direction of the Chief of the Department of Mines. In order that the Chief of the said Department may be able to prepare, compile and transmit a synopsis of his annual report to the Governor within the time herein specified, the mine inspectors are hereby required to deliver their annual reports to the Chief of said Department on or before the twentieth day of February, in each year. In addition to the annual reports herein required of the mine inspectors, they shall furnish the Chief of the Department of Mines monthly reports, and also such special and special inforinformation on any subject regarding mine accidents, or other matters pertaining to mining interests, or the safety of persons employed in and about the mines, as he at any time may require or may deem necessary, in the proper and lawful discharge of his official duties. The Chief of the Department of Mines shall also establish, as far as may be practicable, a uniform style and size of blanks for the annual, monthly and special reports of the mine inspectors, and prescribe the form matter of reports. and subject matter to be embraced in the text and the tabulated statements of their reports. Monthly reports mation. Blanks. Form and subject Examination and the Chief. The Chief of the Department of Mines is hereby authorized to make such examinations and investiga- Investigation by tions as may enable him to report on the various systems of coal mining and all other mining practiced in the State, method of mining ventilation and machinery employed, the circumstances and responsibilities of mine accidents; and such other matters as may pertain to the general welfare of coal miners and others connected with mining, and the interests of mine owners and operators in the Commonwealth. Examiners, etc. Section 6. The Board of Examiners for the examina- Duty of Board of tion of applicants for mine inspectors in the Anthracite and Bituminous coal mines of the Commonwealth, the Board for the examination of applicants for mine foremen and assistant mine foremen in the Anthracite mines, the Board for the examination of applicants for first and second grade certificates in the Bituminous mines, and the Board styled Miners' Examining Board for applicants for certificates of competency as miners, shall send to the Chief of the Department of Mines duplicates of the manuscripts and all other Duplicate papers. papers of applicants, together with the tally-sheets and the solution of each question as given by the Ex amining Board, which shall be filed in the Depart- Filing of. ment as public documents. Section 7. Certificates of qualification to mine fore Certificates of qualification. |