Bergordnung

As Bergordnung was formerly known in the mining industry a law to enforce the mountain shelf.

Development and Description

The sources, which we now understand as mining order and who refer to themselves as regulation and statutes, arising since the mid-15th century. We need it right records of the medieval ( Custom ) as Goslar (1271 ), Jihlava (after 1270) and Freiberg law ( older mining law after 1307, younger mining law after 1346 ) differ. The latter included ( private? ) Records mining customary law and can not be considered as laws. Only the Ius regale montanorum King Wenceslaus II of Bohemia shows - in line with strong Roman traditions - the will to legislation. So is this probably mainly meant for the mountain area Kuttenberg law for early precursors of the mountain then orders issued by the respective shelf men for certain areas in the early modern period. The scope of mountain systems could be nationwide. In most cases, however, were mountain orders only for small areas, if the owner of the mountain shelf was a territorial prince. Mountain systems could also be limited to a few mountain towns or to only certain minerals. Especially the early mountain systems (eg for Schneeberg and Annaberg in Saxony ) was destined to be a short validity. In the mid-19th century, the mountain systems were replaced by national laws mountain. This need can be illustrated where were according to the territorial gains by the decisions of the Congress of Vienna of 1815, 50 different mountain systems using the example of Prussia.

The contents of a mining order consisted essentially of the following parts:

  • The mountain, he and his officials Berg ( Mountain State )
  • The mine with his miners
  • Metallurgy and steel workers
  • The mountain process and the mountain dishes
  • Coinage (if the mountain shelf was associated with a coinage )

This included both detailed provisions on the mining industry, the sovereign's tithe, building the mining authorities as well as the privileges of the mountain state.

For example, when a prospector thought to have discovered ( transition ) a new occurrence, so he had to officially secure the mining rights to the competent Bergmeister. Proved the Schurf be producible, he appealed to the Board of Mines a presumption. The Bergmeister examined this request by personal inspection determined the extent and location of the mine, to which then also a plot ( mine field) belonged as an accessory area, exactly. Were there no other dowsing on this vein, the new mine ( mine tunnel) a proper name, usually a saints name, given and a fee was charged. With the entry into the Lehnbuch the ceremony was legally binding.

Due to the economic importance of the industry for the owner of the mountain shelf, which resulted from the decade, he had great interest in a thriving mining. To prevent mountain infirmity, as flooding of the mines, collapses due to faulty degradation or shedding of gears, it was the object of the mining authorities to leave the mines regularly visit ( Befahrung ) and to keep informed of all incidents. This form of mining supervision, in which the mining authority, the decisions about mining, mine expansion ( propulsion ), drainage met, among others, is also designated as a principal principle. In the course of economic developments in the mid-19th century, this paternalism proved an obstacle, so that the Directorate principle was abolished in the later mountain laws and the mining authorities were limited only to actual supervisory tasks.

Examples of mountain systems and mountain privileges

Bavaria

Bohemia and Moravia

Resin

Hesse

Italy

Nassau -Weilburg

Austria

Palatinate -Zweibrücken

Poland

Saxony

Silesia

Thuringia

Duchy of Westphalia

See also

  • Mining law
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