Inheritance fairness

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As Erbstollengerechtigkeit or Erbgerechtigkeit is known in mining the basis of a special presumption acquired right after the ceremony a sough to operate. The Erbstollen fairness refers to a certain starting point for the operation of the Erbstollen in the present field. Due to the Erbstollengerechtigkeit the rights holder was entitled to the tunnels of this approach from both a loaned and in unverliehenem mining field in any direction to ascend . The operator of the Erbstollens was called Erbstollner or Erbstollner .

requirements

General regulations

In order for the hereditary tunnel fairness to be awarded, the object (the tunnel) had to meet certain requirements. The first prerequisite for being awarded fairness to the tunnels was that the tunnels for which fairness to the tunnels was requested should be used for the promotion of a foreign mine. Furthermore, the tunnel had to have a certain depth , the hereditary depths . The tunnel had to have an ascent prescribed in the mining laws of the respective mountain district and was not allowed to have any blasts . The tunnel mouth hole had to be open, the tunnel had to be passable and the water slope had to be clean. If a tunnel lacks one of these requirements, the hereditary tunnel righteousness could not be awarded.

Inherited professions

The inherited depth was the depth that a driven tunnel had to reach in order to obtain the rights of an inherited tunnel for its own pit or against a third-party mine. As soon as a tunnel with the prescribed depth penetrated a mine field, the owner of the tunnel was entitled to the temporary tunnel rights. He held these rights until he received the defined tunnel rights, or until it was determined that he did not receive these rights. The inherited depths were not the same in all mining states and even differed in the individual mining areas of the respective states. It was between 9.5 and 16 laughs , depending on the mountain area . In some states, e.g. B. in the Saxon mountain areas, an additional seigere range was added, which reached from the lawn to the water lake. The depth of inheritance was usually calculated from the lawn. Exceptions were the pits in Bohemia, which in addition to the tunnels also had a shaft , here measurements were taken from the hanging bench .

Other regulations and rights

After the presentation of the Erbstollengerechtigkeit by the Bergmeister was from Markscheider a so-called Erbstufe carved on the border of Erbstollens. This inheritance level served to identify the field boundary of the Erbstollen. The inheritance level could be challenged by the neighboring colliery; but if it was recognized by the neighboring mine, it could not be challenged again. The heirs were entered in the mountain book. An inheritance fee had to be paid for attaching the step . The heirloom was allowed to build the required shafts and light holes on the construction site of the other pits with the approval of the mining authority . In addition, the heirloom was entitled to a certain fee, the heir tunnel fee, from the owners of the pits in whose field the heir tunnel had been brought. These tunnel fees were the so-called fourth pfennig, the water incursion fee, the tunnel tax, half or the whole ninth. These fees are known as defined tunnel fees, the right to the defined tunnel fees is referred to as defined tunnel rights. Whether half the ninth or the whole ninth had to be paid depended on whether or not the hereditary tunnel ran through to the other tunnels. The formalities for collecting these fees were regulated in the mining laws. Disputes were heard before the mountain court .

Tunnel cut

In addition, the heirloom was entitled to the so-called tunnel cut (also called the tunnel cut). The tunnel cut was the ownership right to all usable minerals extracted during the operation of the tunnel. It was also one of the defined tunnel rights. This was true for all fields that were not awarded and, according to the older mining laws, even for the fields that were awarded. The prerequisite was that the tunnel was operated in the permissible dimensions. The permissible dimensions of the tunnel cut in a hereditary tunnel were regulated in the mining laws and amounted to 1.25 laughs in height and 0.5 laughs in width. However, the heirloom was only entitled to cut the tunnel from one tunnel location. In the case of several operated locations, the heirloom had to explain beforehand the location from which he wanted to claim the tunnel cut for himself, he had to hand over the minerals from the other locations to the mine owner of the respective mine against reimbursement of the extraction costs. If a pit had several deepest points, the heirloom was also allowed to keep this cut in the tunnel.

Exceptions

There were also some exceptions in the mining laws. In the case of a tunnel, for example, half of the fairness of the tunnel was recognized if the legally prescribed level of inheritance was achieved during the excavation but could not maintain it due to the sloping mountains. The excavation with "Sprenge" could be approved by the mining authority if the tunnel could be completed more quickly in order to be able to help a colliery in need more quickly. This so-called cognition of the mining authority also did not adversely affect the fairness of the tunnel. If, through no fault of the tunnel operator, the tunnel mouth hole in a tunnel was damaged in such a way that the pit water could no longer be discharged through the tunnel mouth hole, there was also an exception for this. With the approval of the mining authority, the water could be discharged through a lower tunnel. A fee, the so-called water incidence fee, had to be paid for this.

Disinheritance

Disinheritance refers to the withdrawal of the rights to the hereditary tunnel through a second, deeper, hereditary tunnel. For this, the second tunnel had to fall below the depth of the first tunnel by a certain amount. This depth, measured vertically from the tunnel sole to the tunnel sole, was called the disinheritance level. This disinheritance level is also regulated differently in the respective mining districts. Some mountain regulations differentiated between “sticky” (steep) terrain and flat (gently rising) terrain. In order to withdraw the fairness of an inheritance tunnel here, the water slope of the lower tunnel had to be 7 holes deeper in “sticky” (steep) mountains and 3.5 holes in gentle terrain than the water slope of the upper tunnel. In other mountain regulations, it was set to a fixed size and, depending on the mining area, was between 7.5 and 17.5 pounds. As a result of disinheriting, the disinherited tunnel lost its right to the further hereditary tunnel fees.

Regulations in modern mining

In the mining laws of the 19th century, the regulations for granting hereditary tunnel justice were partially no longer in place. In the General Prussian Mining Act of June 24, 1865, the right to inherit tunnels was removed. The Federal Mining Act of August 13, 1980 does not provide for the granting of new tunnel rights. Older hereditary tunnel rulings could be maintained if they were entered in the land register by January 1, 1985 at the latest ( Section 149 and Section 158 of the Federal Mining Act).

literature

Individual evidence

  1. ↑ a b c d e f g h i j k l m n o p q Heinrich Veith: German mountain dictionary with documents . Published by Wilhelm Gottlieb Korn, Breslau 1871.
  2. ↑ a b c d e f g h i j k l m R. Klostermann: Textbook of Prussian mining law, with consideration of the other German mining rights . Published by J. Guttentag, Berlin 1871, pp. 366–378.
  3. ^ H. Gräff: Handbuch des Prussischen Bergrechts . Second increased and improved edition, from Georg Philipp Aderholz, Breslau 1856, p. 36.
  4. ↑ a b c d Kaspar Sternberg: Outlines of the history of mining and the mining legislation of the Kingdom of Bohemia . Second volume, print and paper by Gottlieb Haase Söhne, Prague 1838, pp. 281–283.
  5. ↑ Grimm: Dictionary of the German language . Vol. 5, Col. 4167, sv Sprenge, 4).
  6. ↑ Electoral Palatinate on the Rhine Mountain Order . Printed in the Hof- und Akademie - Buchdruckerei, Mannheim 1781, pp. 29–31.
  7. ↑ Moritz Ferdinand Gaetzschmann: Collection by mining expressions. Craz & Gerlach Publishing House, Freiberg 1859.
  8. ^ Carl Friedrich Richter: Latest mountain and hut lexicon . First volume, Kleefeldsche Buchhandlung, Leipzig 1805.
  9. ↑ a b Johann Christoph Stößel (Hrsg.): Mining dictionary. Chemnitz 1778, p. 151.
  10. ↑ Theodor Striethorst (Ed.): Archive for legal cases that have come to the decision of the Royal Higher Tribunal . Sixth year - third volume, published by L. Grube, Berlin 1857, pp. 149–154.
  11. ^ Gustav Köhler: Textbook of mining science. 2nd edition, published by Wilhelm Engelmann, Leipzig 1887.