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· 7/21/1915

Scranton City v. Rose

Citations

  • 60 Pa. Super. 458
  • 1915 Pa. Super. LEXIS 219

Syllabus

<p>, Mines and mining — Municipal bureau of mine inspection — Refusal to furnish plans — Misdemeanor—Criminal law — Ordinance —Repeal of ordinance — Act of July 26, 1918, P. L. Ui39.</p> <p>The Act of July 26, 1913, P. L. 1439, authorizing municipal corporations in the anthracite regions to create a bureau of mine inspection and surface support, does not become operative until municipal action is taken creating such bureau. The refusal to furnish maps or plans of coal mines within municipal limits does not become a misdemeanor until an ordinance has been passed creating the bureau contemplated by the act. If after the creation of such a bureau a mine superintendent refuses to furnish maps or plans he may be prosecuted, but if the ordinance creating the bureau is repealed pending the prosecution all further proceedings cease on the repeal.</p> <p>Criminal proceedings which have not been determined by final judgment are wiped out by a repeal of the act under which the prosecution for the offense took place. ,</p>

Judges: Head, Kephabt, Kephart, Orlady, Rice, Trexler

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