Agricola, Georgius, De re metallica, 1912/1950

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The procedure in suits relating to shares was formerly as follows: he
who
instituted a suit and took legal proceedings against another in respect
of
the shares, used to make a formal charge against the accused possessor
before
the Bergmeíster. This was done either at his house or in some public
place
or at the mines, once each day for three days if the shares belonged to
an
old mine, and three times in eight days if they belonged to a head­
meer
.
But if he could not find the possessor of the shares in these places, it
was
valid and effectual to make the accusation against him at the house of
the
Bergmeíster. When, however, he made the charge for the third time, he
used
to bring with him a notary, whom the Bergmeister would interrogate:
Have I earned the fee? and who would respond: “You have earned
it”
; thereupon the Bergmeíster would give the right over the shares to him
who
made the accusation, and the accuser in turn would pay down the
customary
fee to the Bergmeister. After these proceedings, if the man whom
the
Bergmeíster had deprived of his shares dwelt in the city, one of the
proprietors
of the mine or of the head-mine was sent to him to acquaint him
with
the facts, but if he dwelt elsewhere proclamation was made in some
public
place, or at the mine, openly and in a loud voice in the hearing of
numbers
of miners.
Nowadays a date is defined for the one who is answer­
able
for the debt of shares or money, and information is given the accused
by
an official if he is near at hand, or if he is absent, a letter is sent him;
nor
is the right over his shares taken from anyone for the space of one and
a
half months.
So much for these matters.

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