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BOOK IV.
ever, on the third, or at latest the fourth day, they pay their contributionsto the manager of the mine or tunnel, and pay the money which is due fromthem to the Share Clerk, he removes their shares from the proscribedlist. They are not thereupon restored to their former position unless theother owners consent; in which respect the custom now in use differs fromthe old practice, for to-day if the owners of shares constituting anythingover half the mine consent to the restoration of those who have beenproscribed, the others are obliged to consent whether they wish to or not.Formerly, unless such restoration had been sanctioned by the approval ofthe owners of one hundred shares, those who had been proscribed were notrestored to their former position.
The procedure in suits relating to shares was formerly as follows : hewho instituted a suit and took legal proceedings against another in respectof the shares, used to make a formal charge against the accused possessorbefore the Bergmeister. This was done either at his house or in some publicplace or at the mines, once each day for three days if the shares belonged toan 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, itwas valid and effectual to make the accusation against him at the house ofthe Bergmeister. When, however, he made the charge for the third time, heused to bring with him a notary, whom the Bergmeister would interrogate :“ Have I earned the fee ? ” and who would respond : “ You have earnedit ” ; thereupon the Bergmeister would give the right over the shares to himwho made the accusation, and the accuser in turn would pay down thecustomary fee to the Bergmeister. After these proceedings, if the man whomthe Bergmeister had deprived of his shares dwelt in the city, one of theproprietors of the mine or of the head-mine was sent to him to acquaint himwith the facts, but if he dwelt elsewhere proclamation was made in somepublic place, or at the mine, openly and in a loud voice in the hearing ofnumbers 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 accusedby 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 anda half months. So much for these matters.
Now, before I deal with the methods which must be employed inworking, I will speak of the duties of the Mining Prefect, the Bergmeister,the Jurors, the Mining Clerk, the Share Clerk, the manager of the mineor tunnel, the foreman of the mine or tunnel, and the workmen.
To the Mining Prefect, whom the King or Prince appoints as his deputy,all men of all races, ages, and rank, give obedience and submission. Hegoverns and regulates everything at his discretion, ordering those thingswhich are useful and advantageous in mining operations, and prohibitingthose which are to the contrary. He levies penalties and punishes offenders ;he arranges disputes which the Bergmeister has been unable to settle, and ifeven he cannot arrange them, he allows the owners who are at variance oversome point to proceed to litigation ; he even lays down the law, gives orders