Penalties

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With Zubuße refers to contributions that the share owners (trades) of a mountain legal union of these has to pay to meet liabilities. In contrast to the shareholder , a trade also had to pay for the liabilities of the corporation. The legal provisions for this are regulated in the fourth part (§94ff.) Of the General Mining Act for the Prussian States (ABG) of June 24, 1865.

Basics

The regulations in the early mining law provided that the trades were liable for the losses of the mine and had to pay a sum of money according to their share certificates. The only exception was the Freikuxe, the owners of these Kuxe did not have to pay any additional fees. The trade could not reclaim the additional fines either, but these costs were usually reimbursed to him if the mine made a good yield . Then the additional fine was initially refunded and - if there was still enough capital available - the profits were also paid out. If the shareholders had to pay increased penalties over a longer period due to persistent difficulties, many of them gave back their shares. As a result, the unions' small reserves were quickly used up and operations had to be deferred. Because of these difficulties, the mining cooperative was later proposed as another form of company.

Regulations

The amount of the additional fine, i.e. how much had to be paid for each Kux, was determined by the shift supervisor of the respective mine . This process was called adding busses or adding busses and had to be approved by the mining authority. A so-called penalty slip was filled out and signed by the shift supervisor in the presence of the respective trades . Subsequently, the mining office stamped this slip with the slip stamp . This stamp was provided with the coat of arms of the sovereign or the mountain lord. In addition to this coat of arms, it also bore the name of the mining town and the mining symbol mallet and iron . The extra ticket contained the number of mountain parts of the respective owner and the amount of the extra fee. So that the penalty slip also had legal character, it was countersigned by the mountain clerk . The correctness of the information was checked by the counter- writer and noted in the counter- book.

The shift supervisor handed over the delivery slip with this stamp to the delivery man for safekeeping . The tributary brought the busses to the trades and collected the busses from them. The trades kept the penalty slip as a receipt. The courier handed the money received to the shift supervisor. If a trade was unable to pay its penalty, it was the job of the courier to announce the retardation to this owner . Mines that were wholly or partially financed by subsidies from the trades were called Zubuss mines .

If a Kux owner did not fulfill his obligation to pay extra within a legally prescribed period of time (e.g. one month), his name was deleted from the list of trades and included in the list for the miners in the presence of the mountain master , mountain jury , mountain clerk and mountain clerk expired Kuxe entered. If he then paid his debts within three to four days, the process was reversed. However, the other trades had to agree unanimously for these trades to be approved again. This legal regulation was later changed so that the other trades could agree to the re-admission of deleted shareholders by a simple majority.

literature

  • Hermann Brassert: General mining law for the Prussian states of June 24, 1865; with introductory laws and commentary . Marcus, Bonn 1888.

Individual evidence

  1. ↑ a b c H. Rentzsch: Concise dictionary of economics. Publishing house by Gustav Mayer, Leipzig 1866
  2. ^ A b Wilfried Ließmann : Historical mining in the Harz. 3rd edition, Springer Verlag, Berlin and Heidelberg 2010, ISBN 978-3-540-31327-4
  3. ^ Heinrich Veith: German mountain dictionary with evidence. Published by Wilhelm Gottlieb Korn, Breslau 1871
  4. ↑ Mining dictionary. Johann Christoph Stößel, Chemnitz 1778
  5. ↑ Explanatory dictionary of technical terms and foreign words used in mining, metallurgy and salt works. Falkenberg'schen Buchhandlung publishing house, Burgsteinfurt 1869
  6. ^ Georg Agricola: Twelve books on mining and metallurgy. In commission VDI-Verlag GmbH, Berlin