Free travel
In the old mining law, clearance was an act under mining law , in which it was proven by driving through a mine that it was not documented in accordance with the mining law provisions. As a result of the clearance, the owner of the mine could be deprived of ownership rights to the mine. A pit could be cleared ex officio. Another possibility was to apply for clearance by a new mother , the so-called Freimacher, if he wanted to re-occupy the pit.
The term
The term free travel was first used in the Bohemian Mountain Ordinance and later also in the countries of the Ferdinandean Mountain Ordinance. In the Hungarian countries the terms "miner inspection" or "miner inspection" were used. The term free travel was used to refer to the pits used by the mountain courts for both newly muted and abandoned pits.
requirements
In order to continue building the pits, the mining law of the respective countries required permanent occupancy of the pits. Was a pit not more than three days with miners occupied, Muter was this awkward new pit seem . Before that he was obliged to clear this abandoned pit . The previous owner lost his right to the pit due to the fact that it was not in operation. Non-occupancy was when the pit was not occupied by at least one tusk and one tug for 8 hours a day. The workers had to be supervised, e.g. B. be supervised by the hat man . Work above ground was not considered to be a proper occupancy , an exception was work that was necessary to maintain the mine operation. This included u. a. the swamps , the ventilation and the dumping of the spoil.
formalities
According to the Ferdinandean and Maximilian Mountain Regulations, the new mother had to provide proof of the “embarrassment of the pit” within fourteen days. After a reasonable period of time, the release was made public. The type of announcement was at the discretion of the mining authority, which meant that there were differences between the individual mining districts. Sometimes this was done through a publication in the official newspaper of the country concerned, sometimes the mine owner was officially summoned. The previous owner of the mine was free to refute this evidence by providing evidence to the contrary within a further fourteen days after receipt of the summons or notice. The free ride, i.e. the on-site inspection, was carried out by at least two mountain jury members . The visits were carried out on three different days during the morning shift. If it was found that the pit was actually unoccupied on three shifts, the pit could be declared free of mountains, in Austria for “into the princely free”. The proof was deemed to have been provided if the prescribed number of miners did not work in the mine on these three days. If miners were found underground on the third visit, they were asked where they had been on the other days and on whose initiative they had not started their work. If fraud was found during the questioning, this was punished by the mountain court . The pit could only be given to the new mother after it had been released. After biking the decided Bergrichter in the presence of mountain jurors whether the mine laying was and could be done if a ceremony at the new Muter. For the free travel a fee had to be charged for each shift, and a typing fee was also due for entries in the mountain book. The height varied depending on the mining region.
Free
The clearing was after the Czech mining law a special form of Freifahrung that has been applied only to old, no longer mined processed pits. For this purpose, the pit had to be cleared by a jury at the request of a franker. The clearing could be done several times, but the old owners were only notified during the first two visits. From the third franking onwards, the old trades were no longer informed. Each postage was entered in the postage book so that evidence could be provided in the event of any later disputes. In some mining districts, a miner was entrusted with the job of the clearance judge, but he did not carry out the inspections. The driving was also carried out on three shifts, a fee was charged for this, which the jury received for his work. After the free ride, the free driver received a so-called free slip from the writer .
Although the terms free driving and freeing were used in some mountain ordinances in the same way, they were different in their legal effect. Mainly the difference between Freifahrung was to clear is whether the Berglehen already in the mountain Free or fell not. The clearance was the recognition by the mining authorities that the pit had already fallen into the open. By clearing it was initiated that a pit could fall back into the mountain free. A preliminary on-site inspection was not absolutely necessary for the clearance, the on-site inspection was essential for clearing.
literature
- Hermann Brassert: Mountain orders of the Prussian country. FC Eisen's Königliche Hof-Buch- und Kunsthandlung, Cologne 1858
- Christian Heinrich Gottlieb Hake: Commentary on mining law. Kommerzienrath JE v. Seidel art and bookstore, Sulzbach 1823
Individual evidence
- ↑ Moritz Ferdinand Gaetzschmann: Collection by mining expressions. Craz & Gerlach Publishing House, Freiberg 1859.
- ↑ R. Klostermann: Overview of the mining law decisions of the royal upper tribunal. Volume 1, publishing house of the royal and secret Ober-Hofbuchdruckerei R. Decker, Berlin 1861.
- ^ Heinrich Veith: German mountain dictionary with evidence. Published by Wilhelm Gottlieb Korn, Breslau 1871.
- ^ Gustav von Gränzstein: The general Austrian mining law of May 23, 1854. Verlag von Friedrich Manz, Vienna 1855.
- ↑ Lexicon '88: Bergrecht (Abolition of Mine Ownership; Union, Kuxe) (last accessed on January 31, 2013).
- ^ Günter Heinrich von Berg: Handbuch des Teutschen Policeyrechts. Publishing house of the Hahn brothers, Hanover 1809.
- ^ Franz Xaver Schneider: Textbook of mining law for the entire countries of the Austrian monarchy. Printed by K. Gerzabel, Prague 1848.
- ^ Carl Friedrich Richter: Latest mountain and hut lexicon. First volume, Kleefeldsche Buchhandlung, Leipzig 1805.
- ↑ Johann Ferdinand Schmidt: Attempt a systematically ordered representation of the mining law in the Kingdom of Bohemia. First volume, print and paper by Gottlieb Haase Söhne, Prague 1833.