Agricola, Georgius, De re metallica, 1912/1950

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I will now explain how the owners may lose or obtain the right over a
mine
, or a tunnel, or a share.
Formerly, if anyone was able to prove by
witnesses
that the owners had failed to send miners for three continuous
shifts
13, the Bergmeíster deprived them of their right over the mine, and
gave
the right over it to the informer, if he desired it.
But although miners
preserve
this custom to-day, still mining share owners who have paid
their
contributions do not lose their right over their mines against their will.
Formerly, if water which had not been drawn off from the higher shaft of
some
mine percolated through a vein or stringer into the shaft of another
mine
and impeded their work, then the owners of the mine which suffered
the
damage went to the Bergmeíster and complained of the loss, and he sent
to
the shafts two Jurors.
If they found that matters were as claimed,
the
right over the mine which caused the injury was given to the owners
who
suffered the injury.
But this custom in certain places has been changed,
for
the Bergmeíster, if he finds this condition of things proved in the case
of
two shafts, orders the owners of the shaft which causes the injury to
contribute
part of the expense to the owners of the shaft which receives the
injury
; if they fail to do so, he then deprives them of their right over their
mine
; on the other hand, if the owners send men to the workings to dig
and
draw off the water from the shafts, they keep their right over their
mine
.
Formerly owners used to obtain a right over any tunnel, firstly, if
in
its bottom they made drains and cleansed them of mud and sand so that
the
water might flow out without any hindrance, and restored those drains
which
had been damaged; secondly, if they provided shafts or openings to
supply
the miners with air, and restored those which had fallen in; and
finally
, if three miners were employed continuously in driving the tunnel.
But the principal reason for losing the title to a tunnel was that for a period
of
eight days no miner was employed upon it; therefore, when anyone
was
able to prove by witnesses that the owners of a tunnel had not done
these
things, he brought his accusation before the Bergmeíster, who, after
going
out from the town to the tunnel and inspecting the drains and the
ventilating
machines and everything else, and finding the charge to be true,
placed
the witness under oath, and asked him: “Whose tunnel is this at the
present
time? The witness would reply: “The King's” orThe

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