Agricola, Georgius
,
De re metallica
,
1912/1950
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ever, on the third, or at latest the fourth day, they pay their contributions
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to the manager of the mine or tunnel, and pay the money which is due from
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them to the Share Clerk, he removes their shares from the proscribed
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list. </
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<
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>They are not thereupon restored to their former position unless the
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other owners consent; in which respect the custom now in use differs from
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the old practice, for to-day if the owners of shares constituting anything
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over half the mine consent to the restoration of those who have been
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proscribed, the others are obliged to consent whether they wish to or not.
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<
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>Formerly, unless such restoration had been sanctioned by the approval of
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the owners of one hundred shares, those who had been proscribed were not
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restored to their former position.</
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<
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>The procedure in suits relating to shares was formerly as follows: he
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who instituted a suit and took legal proceedings against another in respect
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of the shares, used to make a formal charge against the accused possessor
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before the
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Bergmeíster.
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<
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> This was done either at his house or in some public
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place or at the mines, once each day for three days if the shares belonged to
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an old mine, and three times in eight days if they belonged to a head
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meer. </
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>But if he could not find the possessor of the shares in these places, it
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was valid and effectual to make the accusation against him at the house of
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the
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Bergmeíster.
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<
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> When, however, he made the charge for the third time, he
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used to bring with him a notary, whom the
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Bergmeister
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would interrogate:
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“Have I earned the fee?” and who would respond: “You have earned
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it”; thereupon the
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Bergmeíster
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would give the right over the shares to him
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who made the accusation, and the accuser in turn would pay down the
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customary fee to the
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Bergmeister.
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<
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> After these proceedings, if the man whom
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the
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Bergmeíster
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had deprived of his shares dwelt in the city, one of the
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proprietors of the mine or of the head-mine was sent to him to acquaint him
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with the facts, but if he dwelt elsewhere proclamation was made in some
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public place, or at the mine, openly and in a loud voice in the hearing of
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numbers of miners. </
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<
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>Nowadays a date is defined for the one who is answer
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able for the debt of shares or money, and information is given the accused
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by an official if he is near at hand, or if he is absent, a letter is sent him;
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nor is the right over his shares taken from anyone for the space of one and
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a half months. </
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<
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>So much for these matters.</
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>Now, before I deal with the methods which must be employed in
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working, I will speak of the duties of the Mining Prefect, the
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Bergmeister,
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the Jurors, the Mining Clerk, the Share Clerk, the manager of the mine
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or tunnel, the foreman of the mine or tunnel, and the workmen.</
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<
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>To the Mining Prefect, whom the King or Prince appoints as his deputy,
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all men of all races, ages, and rank, give obedience and submission. </
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<
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>He
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governs and regulates everything at his discretion, ordering those things
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which are useful and advantageous in mining operations, and prohibiting
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those which are to the contrary. </
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<
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>He levies penalties and punishes offenders;
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he arranges disputes which the
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Bergmeíster
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has been unable to settle, and if
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even he cannot arrange them, he allows the owners who are at variance over
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some point to proceed to litigation; he even lays down the law, gives orders </
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