Now tunnels are of two sorts, one kind having no right of property, the
other kind having some limited right. For when a miner in some particular
locality is unable to open a vein on account of a great quantity of water, he
runs a wide ditch, open at the top and three feet deep, starting on the slope
and running up to the place where the vein is found. Through it the water
flows off, so that the place is made dry and fit for digging. But if it is not
sufficiently dried by this open ditch, or if a shaft which he has now for
the first time begun to sink is suffering from overmuch water, he goes to
the Bergmeister and asks that official to give him the right for a tunnel.
Having obtained leave, he drives the tunnel, and into its drains all the
water is diverted, so that the place or shaft is made fit for digging. If
it is not seven fathoms from the surface of the earth to the bottom of this
kind of tunnel, the owner possesses no rights except this one: namely, that
the owners of the mines, from whose leases the owner of the tunnel extracts
gold or silver, themselves pay him the sum he expends within their meer in
driving the tunnel through it.
other kind having some limited right. For when a miner in some particular
locality is unable to open a vein on account of a great quantity of water, he
runs a wide ditch, open at the top and three feet deep, starting on the slope
and running up to the place where the vein is found. Through it the water
flows off, so that the place is made dry and fit for digging. But if it is not
sufficiently dried by this open ditch, or if a shaft which he has now for
the first time begun to sink is suffering from overmuch water, he goes to
the Bergmeister and asks that official to give him the right for a tunnel.
Having obtained leave, he drives the tunnel, and into its drains all the
water is diverted, so that the place or shaft is made fit for digging. If
it is not seven fathoms from the surface of the earth to the bottom of this
kind of tunnel, the owner possesses no rights except this one: namely, that
the owners of the mines, from whose leases the owner of the tunnel extracts
gold or silver, themselves pay him the sum he expends within their meer in
driving the tunnel through it.
To a depth or height of three and a half fathoms above and below the
mouth of the tunnel, no one is allowed to begin another tunnel. The reason
for this is that this kind of a tunnel is liable to be changed into the other
kind which has a complete right of property, when it drains the meers to a
depth of seven fathoms, or to ten, according as the old custom in each place
acquires the force of law. In such case this second kind of tunnel has the
following right; in the first place, whatever metal the owner, or company
owning it, finds in any meer through which it is driven, all belongs to the
tunnel owner within a height or depth of one and a quarter fathoms. In
the years which are not long passed, the owner of a tunnel possessed all the
metal which a miner standing at the bottom of the tunnel touched with
a bar, whose handle did not exceed the customary length; but nowadays
a certain prescribed height and width is allowed to the owner of the tunnel,
lest the owners of the mines be damaged, if the length of the bar be
longer than usual. Further, every metal-yielding mine which is drained
and supplied with ventilation by a tunnel, is taxed in the proportion of one
ninth for the benefit of the owner of the tunnel. But if several tunnels of
this kind are driven through one mining area which is yielding metals, and
all drain it and supply it with ventilation, then of the metal which is dug
out from above the bottom of each tunnel, one-ninth is given to the owner of
that tunnel; of that which is dug out below the bottom of each tunnel,
one-ninth is in each case given to the owner of the tunnel which follows
next in order below. But if the lower tunnel does not yet drain the shaft of
that meer nor supply it with ventilation, then of the metal which is dug out
below the bottom of the higher tunnel, one-ninth part is given to the owner
of such upper tunnel. Moreover, no one tunnel deprives another of its
right to one-ninth part, unless it be a lower one, from the bottom of which
to the bottom of the one above must not be less than seven or ten fathoms,
mouth of the tunnel, no one is allowed to begin another tunnel. The reason
for this is that this kind of a tunnel is liable to be changed into the other
kind which has a complete right of property, when it drains the meers to a
depth of seven fathoms, or to ten, according as the old custom in each place
acquires the force of law. In such case this second kind of tunnel has the
following right; in the first place, whatever metal the owner, or company
owning it, finds in any meer through which it is driven, all belongs to the
tunnel owner within a height or depth of one and a quarter fathoms. In
the years which are not long passed, the owner of a tunnel possessed all the
metal which a miner standing at the bottom of the tunnel touched with
a bar, whose handle did not exceed the customary length; but nowadays
a certain prescribed height and width is allowed to the owner of the tunnel,
lest the owners of the mines be damaged, if the length of the bar be
longer than usual. Further, every metal-yielding mine which is drained
and supplied with ventilation by a tunnel, is taxed in the proportion of one
ninth for the benefit of the owner of the tunnel. But if several tunnels of
this kind are driven through one mining area which is yielding metals, and
all drain it and supply it with ventilation, then of the metal which is dug
out from above the bottom of each tunnel, one-ninth is given to the owner of
that tunnel; of that which is dug out below the bottom of each tunnel,
one-ninth is in each case given to the owner of the tunnel which follows
next in order below. But if the lower tunnel does not yet drain the shaft of
that meer nor supply it with ventilation, then of the metal which is dug out
below the bottom of the higher tunnel, one-ninth part is given to the owner
of such upper tunnel. Moreover, no one tunnel deprives another of its
right to one-ninth part, unless it be a lower one, from the bottom of which
to the bottom of the one above must not be less than seven or ten fathoms,