[Liability for damages caused by examination.] If the owner or lessee of such mine sustain damage for which compensation should be made because such examination or survey was made at unreasonable times, or in an improper or unwarrantable manner, the person making, such examination or survey, or causing it to be made, shall be liable therefor to such owner or lessee.
[Forfeiture.] The persons owning or operating a mine shall not hinder or obstruct such examination or survey, if made at a reasonable time, and in a reasonable manner, and as provided by law.
[To whom provisions concerning examination and survey available.] The preceding provisions for examination and survey shall be available to any person, who, on his oath, states that he is the owner, or authorized agent of an owner, of land which he believes contains coal or commercial products adjacent to the underground working of a mine, although it does not adjoin the property of such mine.
[Action for refusal to permit examination.] Upon the refusal of the owner, lessee or agent of a mine to comply with the provisions of this section, the person who makes the application for the survey may recover judgment as upon default, in a court of competent jurisdiction, against the owner, lessee or agent, in such sum as he declares under oath that he believes to be justly due him for coal belonging to him taken by the owner, lessee or agent of the mine without his permission, and the statute of limitations shall not run against such claim, but the demand, and refusal of permission to enter such mine, must be first proven to the satisfaction of the court or jury.
Sec. 970. [Checkweighman for miners.] The miners employed at a mine where the earnings of such miners depend upon the weight of coal mined, may, at their own cost, designate or appoint a competent person as checkweighman, who, at all proper times, shall have full right of access to and examination of the scales, machinery or apparatus used at such mine to determine the correct weight of coal mined, and whose duty shall be to see the coal weighed and to make a correct record of such weights. Not more than one person, however, on behalf of the miners collectively shall have such right at the same time.
[Checkweighman for landowners.] The landowners, or other persons interested in the rental or royalty at such mine, may, at their own cost, designate or appoint a competent person to act as checkweighman for them, who shall have the same rights as the checkweighman for the miners. Not more than one person, however, on behalf of the landowners, or other persons interested in the rental or royalty, jointly, shall have such right at the same time. Checkweighmen shall not interfere with the use of or tamper with such scales, machinery or apparatus, nor make any false entry of any weight, or in any manner exceed the duties prescribed herein.
[Check-measurer.] The miners employed at a mine where the earnings of such miners depend upon measurements, may, at their own cost, designate or employ, not more than one of their number as check-measurer to accompany each mine-foreman or other person making the measurements and see them make such measurements, and make a correct record of same. Each mine-foreman or other person making measurements may have a helper, but such helper shall not be regarded as a person making measurements. The person or persons designated as check-measurer shall not in any manner interfere with or interrupt the work of the mine-foreman, or other person, while making such measurements. (Penalty, [Sec. 976].)
Sec. 971. [Crossing public highway.] Any person, firm or corporation now or hereafter owning any land containing mineral, coal, stone or clay, and over any portion of which shall pass any state, county or township road or public highway, shall have the right and are hereby authorized to drill, excavate, mine or quarry through or under any such road; provided, however, that when any excavation is to be made in such manner that the top or highest level of such excavation will be extended within thirty feet vertical distance of such road, then and in that case before said work shall be commenced, such person, firm or corporation shall execute and deliver to the board of county commissioners in case of state or county roads, or to the township trustee in case of township roads, a bond, with good and sufficient surety in such amounts as shall be considered by said commission or trustees sufficient to cover any damages that may accrue by reason of excavating, mining or quarrying through or under any such road, the same to be approved by said commissioners or trustees; conditioned that while crossing over or mining or quarrying under any such road, a safe and unobstructed passageway or road shall be kept open by such person, firm or corporation for public use, and as soon as practicable such road shall be fully restored to its original safe and passable condition. When such crossing is made by excavation at a depth of more than thirty feet below the surface of such road, the person, firm or corporation making same shall be liable to the county commissioners or township trustees for any damage that may accrue by reason of such excavation, and shall be held to fully repair any such damage and to restore such road to its original safe and passable condition. The right to mine or quarry across or under public highways as hereinbefore provided shall accrue to the owner, lessee or agent of the land upon or through which such highway passes. (Penalty, [Sec. 976].)
Right of action in case of accident.
Sec. 972. In case of an injury to persons or property, occasioned by a violation of any of the provisions of this act or any willful failure to comply with any provisions of this act any owner, lessee or agent of a mine, a right of action shall accrue to the person injured, for any direct damage he may have sustained thereby. In case of loss of life, by reason of such failure or willful neglect, a right of action shall accrue to the widow, and children, or if there be none such, then to the parents and next of kin, of the person whose death was so caused, for like recovery of damages for the injury they shall have sustained.