BOOK IV. 



93 



Prince's." Thereupon the Bergmeister 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 Bergmeister 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 seller^* 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 

 alread}^ 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 appUcation 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 Bergmeister, the Jurors, the Mining Clerk, and the Share 

 Clerk, and each of such shares is entered on the proscribed list. If, how- 



^*The terms in the Latin text are donator, a giver of a gift, and donatus, a receiver. It 

 appears to us, however, that some consideration passed, and we have, therefore, used " seller " 

 and " buyer." 



