1Prince's.”
Thereupon the Bergmeíster gave the right over the tunnel to
the first applicant. This was the severe rule under which the owners at one
time lost their rights over a tunnel; but its severity is now considerably
mitigated, for the owners do not now forthwith lose their right over a tunnel
through not having cleaned out the drains and restored the shafts or
ventilation holes which have suffered damage; but the Bergmeister orders
the tunnel manager to do it, and if he does not obey, the authorities fine
the tunnel. Also it is sufficient for one miner to be engaged in driving the
tunnel. Moreover, if the owner of a tunnel sets boundaries at a fixed spot
in the rocks and stops driving the tunnel, he may obtain a right over it so
far as he has gone, provided the drains are cleaned out and ventilation
holes are kept in repair. But any other owner is allowed to start from the
established mark and drive the tunnel further, if he pays the former owners
of the tunnel as much money every three months as the Bergmeíster decides
ought to be paid.
the first applicant. This was the severe rule under which the owners at one
time lost their rights over a tunnel; but its severity is now considerably
mitigated, for the owners do not now forthwith lose their right over a tunnel
through not having cleaned out the drains and restored the shafts or
ventilation holes which have suffered damage; but the Bergmeister orders
the tunnel manager to do it, and if he does not obey, the authorities fine
the tunnel. Also it is sufficient for one miner to be engaged in driving the
tunnel. Moreover, if the owner of a tunnel sets boundaries at a fixed spot
in the rocks and stops driving the tunnel, he may obtain a right over it so
far as he has gone, provided the drains are cleaned out and ventilation
holes are kept in repair. But any other owner is allowed to start from the
established mark and drive the tunnel further, if he pays the former owners
of the tunnel as much money every three months as the Bergmeíster decides
ought to be paid.
There remain for discussion, the shares in the mines and tunnels.
Formerly if anybody conveyed these shares to anyone else, and the latter
had once paid his contribution, the seller14 was bound to stand by his bargain,
and this custom to-day has the force of law. But if the seller denied that the
contribution had been paid, while the buyer of the shares declared that he could
prove by witnesses that he had paid his contribution to the other proprietors,
and a case arose for trial, then the evidence of the other proprietors carried
more weight than the oath of the seller. To-day the buyer of the shares proves
that he has paid his contribution by a document which the mine or tunnel
manager always gives each one; if the buyer has contributed no money
there is no obligation on the seller to keep his bargain. Formerly, as I have
said above, the proprietors used to contribute money weekly, but now con
tributions are paid four times each year. To-day, if for the space of a month
anyone does not take proceedings against the seller of the shares for the con
tribution, the right of taking proceedings is lost. But when the Clerk has
already entered on the register the shares which had been conveyed or
bought, none of the owners loses his right over the share unless the money
is not contributed which the manager of the mine or tunnel has demanded
from the owner or his agent. Formerly, if on the application of the manager
the owner or his agent did not pay, the matter was referred to the Berg
meister, who ordered the owner or his agent to make his contribution; then
if he failed to contribute for three successive weeks, the Bergmeister gave
the right to his shares to the first applicant. To-day this custom is un
changed, for if owners fail for the space of a month to pay the contribu
tions which the manager of the mine has imposed on them, on a stated day
their names are proclaimed aloud and struck off the list of owners, in
the presence of the Bergmeíster, the Jurors, the Mining Clerk, and the Share
Clerk, and each of such shares is entered on the proscribed list. If, how
Formerly if anybody conveyed these shares to anyone else, and the latter
had once paid his contribution, the seller14 was bound to stand by his bargain,
and this custom to-day has the force of law. But if the seller denied that the
contribution had been paid, while the buyer of the shares declared that he could
prove by witnesses that he had paid his contribution to the other proprietors,
and a case arose for trial, then the evidence of the other proprietors carried
more weight than the oath of the seller. To-day the buyer of the shares proves
that he has paid his contribution by a document which the mine or tunnel
manager always gives each one; if the buyer has contributed no money
there is no obligation on the seller to keep his bargain. Formerly, as I have
said above, the proprietors used to contribute money weekly, but now con
tributions are paid four times each year. To-day, if for the space of a month
anyone does not take proceedings against the seller of the shares for the con
tribution, the right of taking proceedings is lost. But when the Clerk has
already entered on the register the shares which had been conveyed or
bought, none of the owners loses his right over the share unless the money
is not contributed which the manager of the mine or tunnel has demanded
from the owner or his agent. Formerly, if on the application of the manager
the owner or his agent did not pay, the matter was referred to the Berg
meister, who ordered the owner or his agent to make his contribution; then
if he failed to contribute for three successive weeks, the Bergmeister gave
the right to his shares to the first applicant. To-day this custom is un
changed, for if owners fail for the space of a month to pay the contribu
tions which the manager of the mine has imposed on them, on a stated day
their names are proclaimed aloud and struck off the list of owners, in
the presence of the Bergmeíster, the Jurors, the Mining Clerk, and the Share
Clerk, and each of such shares is entered on the proscribed list. If, how