Any judge of the court of quarter sessions of the peace of the county in which the mine or colliery, at which the offense, act or omission as hereinafter stated has occurred, is situated, is hereby authorized and required, upon the presentation to him of the affidavit of any citizen of the Commonwealth setting forth that the operator or superintendent, or any other person employed in or about such mine or colliery had been negligently guilty of an offense against the provisions of this act, whereby a dangerous accident had resulted or might have resulted to any person or persons employed in such mine or colliery, to issue a warrant to the sheriff of said county, directing him to cause such person or persons to be arrested and brought before said judge, who shall hear and determine the guilt or innocence of the person or persons so charged, and if convicted he or they shall be sentenced to pay a fine not exceeding five hundred dollars ($500), in all cases not otherwise provided for in this act, or an imprisonment in the county jail for a period not exceeding three months, or both, at the discretion of the court: Provided, That any defendant may waive trial before a judge as herein provided and at any time, at or before the time of such trial, demand a trial by a jury in the court of quarter sessions, in which case he may enter into a recognizance before said judge with such surety or sureties and in such sum as said judge may approve, conditioned for his appearance at the next court of quarter sessions to answer the charge against him and abide the orders of the court in the premises, meanwhile to be of good behavior and keep the peace, or in default of such recognizance to be committed to the county jail to await such trial.
52 P.S. § 70-1301