Home Table of Contents

§ 1. Recovery of bodies of entombed workmen; decree as to death

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 52 P.S. Mines and Mining

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 52 P.S. Mines and Mining (Refs & Annos)
Chapter 1. General Provisions
52 P.S. § 1
§ 1. Recovery of bodies of entombed workmen; decree as to death
Whenever any workman or workmen shall heretofore have been, or shall hereafter be enclosed, entombed or buried in any coal mine in this Commonwealth, it shall be the duty of the court, sitting in equity, in the county wherein such workman or workmen are enclosed, entombed or buried, upon the petition of the Department of Mines and Mineral Industries1 brought whenever any of the relatives of those enclosed, entombed or buried so request in writing, to make an order of court for the petitioner to take testimony, in order that the court may ascertain whether such workman or workmen, or the body or bodies of such workman or workmen, can be recovered or taken out of said mine, and further empowering the court to make a finding and decree that the person enclosed, entombed or buried is legally dead, together with such findings of fact including the date of death as is necessary or proper. If, after full hearing, it shall appear to the court that such undertaking is feasible or practicable, said court may forthwith issue a peremptory mandamus to the owner or owners, lessee or lessees, operator or operators of such coal company, to forthwith proceed to work for and recover and take out the body or bodies of such workman or workmen, and said court shall have full authority to enforce such peremptory mandamus in the manner already provided for the enforcement of such process.

Credits

1889, May 9, P.L. 154, § 1. Amended 1959, Nov. 12, P.L. 1504, No. 524, § 1.

Footnotes

The Department of Mines and Mineral Industries was abolished and its powers and duties transferred to the Department of Environmental Resources. See 71 P.S. §§ 510-1, 510-15 and 510-103.
52 P.S. § 1, PA ST 52 P.S. § 1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document