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[1] 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 contributions 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 contribution, the right of taking proceedings is lost. But when the Clerk has already 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 application of the manager the owner or his agent did not pay, the matter was referred to the Bergmeister, 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 unchanged, for if owners fail for the space of a month to pay the contributions 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.”
