[=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,