Page:De re metallica (1912).djvu/134

92 1,100 Rhenish guldens, were distributed to each one hundred and twenty-eighth share. From the Annaberg mine which is known as the Himmelich Höz, they had a dole of eight hundred thaler; from a mine in Joachimsthal which is named the Sternen, three hundred thaler; from the head mine at Abertham, which is called St. Lorentz, two hundred and twenty-five thaler. The more shares of which any individual is owner the more profits he takes.

I will now explain how the owners may lose or obtain the right over a mine, or a tunnel, or a share. Formerly, if anyone was able to prove by witnesses that the owners had failed to send miners for three continuous shifts, the Bergmeister deprived them of their right over the mine, and gave the right over it to the informer, if he desired it. But although miners preserve this custom to-day, still mining share owners who have paid their contributions do not lose their right over their mines against their will. Formerly, if water which had not been drawn off from the higher shaft of some mine percolated through a vein or stringer into the shaft of another mine and impeded their work, then the owners of the mine which suffered the damage went to the Bergmeister and complained of the loss, and he sent to the shafts two Jurors. If they found that matters were as claimed, the right over the mine which caused the injury was given to the owners who suffered the injury. But this custom in certain places has been changed, for the Bergmeister, if he finds this condition of things proved in the case of two shafts, orders the owners of the shaft which causes the injury to contribute part of the expense to the owners of the shaft which receives the injury; if they fail to do so, he then deprives them of their right over their mine; on the other hand, if the owners send men to the workings to dig and draw off the water from the shafts, they keep their right over their mine. Formerly owners used to obtain a right over any tunnel, firstly, if in its bottom they made drains and cleansed them of mud and sand so that the water might flow out without any hindrance, and restored those drains which had been damaged; secondly, if they provided shafts or openings to supply the miners with air, and restored those which had fallen in; and finally, if three miners were employed continuously in driving the tunnel. But the principal reason for losing the title to a tunnel was that for a period of eight days no miner was employed upon it; therefore, when anyone was able to prove by witnesses that the owners of a tunnel had not done these things, he brought his accusation before the Bergmeister, who, after going out from the town to the tunnel and inspecting the drains and the ventilating machines and everything else, and finding the charge to be true, placed the witness under oath, and asked him: “Whose tunnel is this at the present time?” The witness would reply: “The King's” or “The