Agricola, Georgius
,
De re metallica
,
1912/1950
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Prince's.” Thereupon the
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Bergmeíster
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gave the right over the tunnel to
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the first applicant. </
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>This was the severe rule under which the owners at one
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time lost their rights over a tunnel; but its severity is now considerably
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mitigated, for the owners do not now forthwith lose their right over a tunnel
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through not having cleaned out the drains and restored the shafts or
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ventilation holes which have suffered damage; but the
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Bergmeister
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orders
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the tunnel manager to do it, and if he does not obey, the authorities fine
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the tunnel. </
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>Also it is sufficient for one miner to be engaged in driving the
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tunnel. </
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>Moreover, if the owner of a tunnel sets boundaries at a fixed spot
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in the rocks and stops driving the tunnel, he may obtain a right over it so
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far as he has gone, provided the drains are cleaned out and ventilation
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holes are kept in repair. </
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>But any other owner is allowed to start from the
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established mark and drive the tunnel further, if he pays the former owners
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of the tunnel as much money every three months as the
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Bergmeíster
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decides
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ought to be paid.</
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>There remain for discussion, the shares in the mines and tunnels.
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>Formerly if anybody conveyed these shares to anyone else, and the latter
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had once paid his contribution, the seller
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14
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was bound to stand by his bargain,
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and this custom to-day has the force of law. </
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>But if the seller denied that the
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contribution had been paid, while the buyer of the shares declared that he could
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prove by witnesses that he had paid his contribution to the other proprietors,
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and a case arose for trial, then the evidence of the other proprietors carried
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more weight than the oath of the seller. </
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>To-day the buyer of the shares proves
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that he has paid his contribution by a document which the mine or tunnel
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manager always gives each one; if the buyer has contributed no money
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there is no obligation on the seller to keep his bargain. </
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>Formerly, as I have
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said above, the proprietors used to contribute money weekly, but now con
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tributions are paid four times each year. </
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>To-day, if for the space of a month
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anyone does not take proceedings against the seller of the shares for the con
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tribution, the right of taking proceedings is lost. </
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>But when the Clerk has
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already entered on the register the shares which had been conveyed or
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bought, none of the owners loses his right over the share unless the money
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is not contributed which the manager of the mine or tunnel has demanded
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from the owner or his agent. </
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<
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>Formerly, if on the application of the manager
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the owner or his agent did not pay, the matter was referred to the
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Berg
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meister,
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who ordered the owner or his agent to make his contribution; then
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if he failed to contribute for three successive weeks, the
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Bergmeister
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gave
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the right to his shares to the first applicant. </
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<
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>To-day this custom is un
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changed, for if owners fail for the space of a month to pay the contribu
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tions which the manager of the mine has imposed on them, on a stated day
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their names are proclaimed aloud and struck off the list of owners, in
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the presence of the
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Bergmeíster,
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the Jurors, the Mining Clerk, and the Share
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Clerk, and each of such shares is entered on the proscribed list. </
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>If, how</
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