Gradation

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Gradation table

In early mining, grading , also called stagnation , was a process under mining law that was applied when a Stöllner stopped driving the tunnel . By stepping the face, the Stöllner secured all rights to the previously excavated tunnel against any claims by new mothers .

Basics

In the old mining law it was stipulated that every tunnel was regularly covered with tusks . Was now a trades (z. B. for cost reasons) unable to prove the tunnel, a different Muter when could Bergmeister a new presumption insert and Freifahrung apply for the pit. In order for the old mine operator to retain his previously acquired mine property , he applied to the mining authority to upgrade the mine. For this purpose, the local mine separator (at the end of the tunnel) carved a mark , also called a step, into the rock. In the case of Erbstollen, the stepping was called heredity. This step had to be permanently recognizable and was often made of iron.

Before this ex officio graduation, the old Stöllner had to be given a so-called cheap period to continue driving the tunnel. This period had expired and the old Stöllner was not fulfilled its obligation, the tunnel was from the mining authority navigate and verstuft the upcoming Stollenörter. As a result, the old Stöllner lost the mine ownership transferred to him due to his neglect. This process was recorded in the mountain book. In addition to the ex officio graduation, which took place when a new mother applied for it, there was also graduation at the request of the gallery operator. This was possible when the cleat operators voluntarily to part of the awarded abandoned tunnel and that part ceded to another trades. Here, too, he had to secure his previously acquired rights through a gradation.

Legal implications

By stepping, the old Stöllner secured his full rights to the already excavated part of the tunnel, but only until a new Stöllner continued to drive the abandoned tunnel from the step. Due to the gradation, however, the old Stöllner lost the right to advance the tunnel further. But he retained the right to advance the as yet undefined locations. For the places that had already been graded, however, he had a so-called closer right to renewed courage. As soon as a new Stöllner continued to drive the tunnel, this new miner also received the tunnel fairness (in the case of the Erbstollen, the hereditary tunnel fairness ), but had to pay the old Stöllner a certain fee for the use of the already excavated part of the tunnel and, if necessary, a water incursion fee. However, the prerequisite for paying the tunnel fees was that the old Stöllner received his part of the tunnel in good condition. If the old Stöllner failed to carry out the necessary maintenance work on the tunnel so that it was no longer passable, the new Stöllner or, in the case of inherited tunnels, the owners of the other pits in whose mine fields the tunnel was already located could work on the tunnel themselves. The prerequisite for this was that the awarding of the pits was older than the awarding of the gallery. Then the old Stöllner did not receive a tunnel fee, only the water incursion fee. The amount of the water incident fee was usually set by the mining authority.

In the case of historical tunnels in particular, it happened that the Stöllner continued to drive up in the specified direction, but did not open any wing locations in the respective pits . In this case, the works in the pits could apply to the mining authority to step up the tunnel at the points where the driveway to the respective wing words must take place. After receipt of the applications, the mountain court gave the Stöllner a deadline in which he had to decide whether he should open the wing locations or not. If he let the deadline pass, the starting points for the wing places were staggered and given to the first new mother. In this case, the respective mine owners could also apply to open their wing locations themselves. The Stöllner retained his old rights for the unrestricted places or the places that were graded at the request of the Stöllner.

Individual evidence

  1. ^ A b Heinrich Veith: German mountain dictionary with evidence. Published by Wilhelm Gottlieb Korn, Breslau 1871
  2. ^ Moritz Ferdinand Gätzschmann: Collection of mining expressions. Second edition, Verlag von Craz & Gerlach, Freiberg 1881.
  3. ^ A b c Carl von Scheuchenstuel : IDIOTICON of the Austrian mountain and hut language. kk court bookseller Wilhelm Braumüller, Vienna 1856
  4. ^ General land law for the Prussian states. Second part, second volume, at GC Nauck, Berlin 1835.
  5. ↑ Mining dictionary . Johann Christoph Stößel, Chemnitz 1778.
  6. ^ A b Günter Heinrich von Berg: Collection of Teutscher Policeygesetze according to the order of the manual of the Teutschen Policeyrechts. Third and last part, Verlag der Gebrüder Hahn, Hanover 1809
  7. ^ Paul Martin Kreßner: Systematic outline of mining rights in Germany with excellent consideration for the Kingdom of Saxony. Bookstore JG Engelhardt, Freiberg 1858.
  8. ↑ Carl Johann Bernhard Karsten, H. von Dechen: Outline of the German mining law doctrine with consideration of the French mining legislation. Hande- and Spener'sche Buchhandlung, Berlin 1828.

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