Prospect

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Landing license from October 8, 1847 for the Gierath , Schlodderdich and Brandroster mountains .

A mining bill , even Schurfschein or Schurfzettel also in Austria Schurflicenz called, is an official permit, which the owner generally exploration for deposits or veins allowed. However, this permit was subject to certain restrictions. On the basis of the prospecting license, the prospector was authorized to carry out prospecting work in a localized field . After receiving the prospecting license, he was allowed to carry out these activities on his own property as well as on third-party property.

Background and formalities

The award of a minefield to a specific mineral requires the acquisition of a guess . The assumption, in turn, assumes the discovery of the mineral on its natural deposit within the coveted field. The mineral to be loaned can be discovered by chance (presumed) or by prospecting . In order to be able to carry out this prospecting work, an official permit was required, which was issued in the form of a prospecting license. This permit was usually valid for one year and six weeks. This period of validity began on the day the prospect's license was issued. Prospecting permits were only issued for an area specified in the prospecting permit. The issuing of prospecting licenses for entire mountain areas was not permitted. The prospecting license had to be applied for beforehand from the mining authority, this application was called the prospecting request . The validity of the prospecting license could be extended if the license holder applied for an extension to the competent mining authority before the deadline . A prospecting permit could be extended up to three times in compliance with the existing regulations. If the deadlines were not met, an extension was no longer possible. In this case a new prospect had to be applied for. The prospect's license could also be transferred to a third party by means of a written assignment by the owner. The mining authority had to be informed about this assignment (open cession). With the entry into force of the General Mining Act for the Prussian States , prospecting licenses are no longer required.

Rights and obligations under the prospectus permit

The prospector had certain rights and obligations based on the valid prospecting license. The prospector had the right to look for mineral resources both on his own and on other people's land. However, the prospector did not acquire any property on the basis of the prospecting license, and he was not allowed to hinder or prevent third parties from doing their work through his prospecting work. Moreover, the miners had to if he wanted to create a new prospect and already have another unfinished prospect was present with his new prospect to the old prospect a minimum distance of 50 Lachter comply. He was free to dig anywhere on his own property. He had to inform the property owner of his intentions beforehand on foreign land and tell him the exact location where he wanted to dig. The respective owner of the property could refuse prospecting for minerals. However, this would have meant an indirect restriction of mountain freedom because the landowner would have been able to prevent the lending of the deposits that were not immediately exposed. For this reason, the earlier Prussian mining law made the right to prospect generally dependent on obtaining a prospect's license and the right to prospect on foreign soil on the consent of the landowner. A refusal by the owner could be replaced by the decision of the mining authority . The prospector had to fully compensate the property owner for any damage caused by his prospecting work. In addition, the prospector was obliged to backfill and level all digging points where he had not found any parts of the deposit worth building .

Different regulations

There were different provisions in the various regions regarding the implementation of the rules for issuing a permit. Therefore, in 1852, the Minister for Trade, Industry and Public Works in Berlin felt compelled to "proceed according to a uniform standard in all parts of the country on this side of the Rhine" (that is the part of Prussia on the right bank of the Rhine) and issued uniform regulations that Practice were implemented differently. Most of the eligibility files at the District President Arnsberg, Department of Mining and Energy in Dortmund (formerly Landesoberbergamt), for example, in the Bensberg ore district do not indicate that a prospecting license was issued before the prospect of the respective mine field.

Individual evidence

  1. ↑ a b c Herbert Stahl (editor), Gerhard Geurts , Herbert Ommer : Das Erbe des Erzes. Volume 2, The pits on the Gangerz deposits in the Bensberg ore district . Cologne 2004, ISBN 3-00-014668-7 , p. 324.
  2. ^ A b Tilo Cramm, Joachim Huske: Miners' language in the Ruhr area . 5th revised and redesigned edition, Regio-Verlag, Werne 2002, ISBN 3-929158-14-0 .
  3. ↑ Carl von Scheuchenstuel: IDIOTICON the Austrian mining and metallurgy language . kk court bookseller Wilhelm Braumüller, Vienna 1856.
  4. ^ Johann Ludwig Klüber: Public law of the German Confederation and the federal states . Second division, second much increased and improved edition, in the Andreean Buchhandlung, Frankfurt a. M. 1822, pp. 727-728.
  5. ↑ a b c d e Explanatory dictionary of the technical terms and foreign words that occur in the mining industry, in metallurgy and in salt works, and technical art expressions that occur in salt works . Falkenberg'schen Buchhandlung publishing house, Burgsteinfurt 1869.
  6. ↑ a b c R. Klostermann: Textbook of the Prussian Mining Law with consideration of the other German mining rights , Berlin 1871, p. 64.
  7. ^ A b c Hermann Brassert: Mountain orders of the Prussian lands . FC Eisen's Königliche Hof-Buch- und Kunsthandlung, Cologne 1858, pp. 820–836.
  8. ↑ a b c Alexander Miruss: The sovereign rights in the German federal states, in particular with consideration of the Prussian legislation . First division, Verlag der K. Kollmann'schen Buchhandlung, Augsburg 1840, pp. 291–293.
  9. ↑ a b H. Gräff: Handbuch des Prussischen Bergrechts . Second increased and improved edition, from Georg Philipp Aderholz, Breslau 1856, pp. 26–27.
  10. ↑ a b Adolf Arndt, Kuno Frankenstein (ed.): Handbook and textbook for political science in independent volumes . First Department of Economics XI. Volume mining and mining policy, Verlag von CL Hirschfeld, Leipzig 1894, pp. 40–43.
  11. ^ A b c Carl Johann Bernhard Karsten, H. von Dechen: Outline of the German mining law doctrine with regard to the French mining legislation . Hande- and Spener'sche Buchhandlung, Berlin 1828, pp. 317–321.
  12. ↑ Thomas Wagnern (Ed.): Collection of the newest and older mining laws . Published by Johann Samuel Heinsius, Leipzig 1791, pp. 397–400.
  13. ↑ Christian Heinrich Gottlieb Hake: Commentary on mining law with constant consideration of the most noble mining regulations, combined with the technology necessary for lawyers . Kommerzienrath JE von Seidel art and book store, Sulzbach im Regenkkreis Beierns 1823, pp. 101-108.
  14. ^ Circular order of March 31, 1852, Regarding the prospecting tickets , published in the magazine for the mining, iron and salt works in the Prussian state, first volume, Berlin 1854.

Remarks

  1. ↑ Anyone who digged for someone else's property without a valid prospecting license was considered to be a disturbance of the peace. (Source: Explanatory dictionary of technical terms and foreign words that occur in metallurgy and in salt works in mining and in salt works )
  2. ↑ According to older mining laws, such as the Churpfälzische Berggesetz, the prospect's license was valid for six months. After this time the certificate was invalid. If the prospector had not yet excavated anything worth building , he could hand in the old prospecting license and apply for a new prospecting license, which was then valid for six months. (Source: Thomas Wagnern (Ed.): Collection of the latest and older mining laws .)