remainder of the silver shall be delivered to the owner; and our royal stamp shall bo impressed on each ingot, as aforesaid, and without such royal stamp, it shall not be lawful to sell or deal in such silver in any manner, under the penalty above limited, to be inflicted upon the owner of such silver, and the purchaser, or person who shall deal in it.*

LXI. Also, we ordain and command, that the proportion appertaining to us, of the poor lead which may be smelted, but which, from its not containing so much as four reals per quintal; will not bear refining, shall be stamped by the administrator of the department, or by the person whom he may appoint, in the place w here it may be smelted; and upon its being found, by assay, to be poor lead, the person whom we shall have appointed for that purpose, shall receive the duty which may belong to us, agreeably to our ordinances: and it shall not be lawful to convey any lead, even though made from litharge, from one place to another, without such stamp, under the penalty, upon any person otherwise conveying it, of forfeiting the same, one half to the party who shall give information thereof, and the other half to the judge who shall pass sentence, and likewise four times the value to our exchequer; and the like with regard to copper, which, being first assayed, shall be stamped, that our proportion thereof, and of the silver and gold it may contain, may be paid; but this, with respect to the poor lead and copper, is to be understood to apply to places without the limits of the grants which have been made.

LXII. Also, we ordain and command, that all those who shall convey antimony out of the districts, where no grant has been made thereof, shall pay us the duty thereon, at the mines or veins from which it shall be raised; and that until paid, it shall be lawful to exchange or sell it in any other place, without the licence of our administrator of the department, or the person appointed by h-m, at the mining establishment nearest the mine, from which such antimony may have been raised; and that after such licence is obtained, no person shall be at liberty to carry or transport it without an order from such administrator, or from the person appointed by him; and that such vendor shall be obliged to advise the purchaser thereof, that such order may be taken out, and he shall so advise him, under pain of forfeiting the value of such antimony, and four times the amount, to be applied as aforesaid; and if any purchaser shall otherwise convey it away, it shall be taken from him as contraband, with four times the value, to be applied as is aforesaid;

• (Note 2, to §. 60, p. 383.) By the second section of the royal ccdula of the 18 August, 1607, in relation to the subject matter of this section and of the precious ores from the 53d, his majesty thought proper to suspend to the extent above stated the enforcing these ordinances, and in relation to the mines which had been, and the places where they were vvorked until his majesty should otherwise provide, the commissary of the treasury and the principal auditor of the treasury should prescribe the form to be adopted in relation to all the matter aforesaid, taking particular care in the collection of the duties that they adopt such course as to impede as little as possible the working of the mines. (Section 2, of law 10, tit. 13, book 6, R.)

which is to be understood, as aforesaid, to apply to places where no grants have been made.

LXXII. Also, we ordain and command, that no person shall presume to treat for, deal in, sell or purchase, gold in dust, bars or ingots, 'unless stamped with our royal stamp, which we direct to be kept by the person who shall be appointed in our name in each district, to levy the share appertaining to us. And there shall also be a smelter, who shall smelt and make into bars (yerg as), the gold which shall be raised, and who shall likewise be employed to check the weight; and he shall smelt, weigh, and stamp the same with our. royal stamp aforesaid, in the presence of our administrator, or of the person appointed by him; and the share which shall belong to us, shall be given and delivered to the person who shall attend for that purpose in the district where the above shall be performed, and the remainder shall be given to the owner; and our administrator aforesaid shall keep a book, wherein he shall enter the parcels aforesaid, recording the day, month, and year, and he shall also note whose such gold is, and from what mine or streamwork it may have proceeded, and what proportion or share belonged to us, and was charged to such administrator, and what was taken by the owner of such parcel; which entry shall be signed by the administrator aforesaid, and by the party aforesaid, if he shall be able to sign his name; but if not, then by some other person for* him; and also by the smelter, and the notary before whom the proceedings may have been had; which notary and smelter aforesaid, shall each of them keep another book, wherein the same entries shall bo made, and which shall be signed, as aforesaid, by all these persons: and no person shall be at liberty to sell or deal in such gold, unless it shall have been smelted and stamped as is aforesaid, under the penalty limited in the ordinance touching this matter, in reference to silver; and the like penalty shall be incurred by the person purchasing or dealing for it, as is set forth in the aforesaid ordinance touching silver."

LXXIII. Also, forasmuch as it might happen, that the servants of the mineowner aforesaid, or other persons, might sell or deal in gold or silver, which might not have been stamped with our royal stamp, contrary to these ordinances, but without the same being known to such owners:—We ordain and command, that any servant or person whatsoever, who shall sell or deal in gold or silver which shall not have been stamped with our royal stamp as aforesaid, without the owner knowing thereof, or being in fault; and likewise any person whatsoever, who shall purchase or deal .in the same, shall, besides returning to the owner or paying him for what shall have been so sold or dealt in, forfeit the whole of his property, ono half whereof shall be for our exchequer, and the other half for the informer and the judge who shall pass sentence, and shall also serve ten years at the oar, in the galleys.

LXXV. Also, forasmuch as we are informed that great negligence prevails amongst the smelters and refiners, in not assaying the ores previous to smelting, and the rich lead previous to refining, whence great damage results, not only to our revenue, but also to individuals; besides which, many frauds may thence occur:—For a remedy thereof, we ordain and command, that our administrator-general, and administrators of departments, shall take great care in providing, that where there are many mines together, there shall be sufficient sworn assayers, both for the ores to be smelted and for the rich lead which may require to bo refined, so that the smelter and refiners shall make the returns of the smeltings and refinings they may perform, correspond with the assays which may have been made.



ORDINANCES LXIII. LXIV. LXIII. Also, forasmuch as it is found by experience, that where suits and differences are raised concerning the possession of mines, their working is brought to a stand, or it is ordered that they should be closed untill it be determined which party has the better right; so that they frequently remain one, or two, or more years unworked: therefore, to prevent the damago that results from such mines being left unworked for so long a time ;—We ordain and command, that when and so often as such suits shall arise, the term of forty days shall be allowed, during which term and no longer, the mine in dispute may remain closed, and - within which time the parties shall state and allege the particulars of their claim before the mining justice, and shall exhibit to him such writings and documents as they may have ; and shall be at liberty to produce as many as twelve witnesses, and to examine each of them on every interrogatory, but no more ; and such justice shall consider and make his determination upon what they shall state, allege and prove within the term aforesaid, without any further conclusion or adjournment; saving to the party against whom he shall give judgment, the

* A -petitory suit, in the courts of Spain, is a suit in which the right of property is controverted, in opposition to a possessory suit, where the right of possession is alone in question.—Trans.

t An interdict {interdictum), in tho civil law, was a summary species of action, principally applicable when the possession or quasi possession of a thing or right was in dispute. See Vicat. Jar. at vocab. at the word, interdictumTrans. *

liberty of prosecuting his claim to the right of property, aa he shall think expedient, before the mining justice aforesaid: and he shall immediatly give possession of such mine to tho party in whose favour he shall give sentence; who shall work it, keeping an account entered in a book, by the day, month and year, of the ore ho may raise, and of the costs and expenses he may incur in working it: and he shall give security in the amount of one thousand ducats, for rendering an account and for the paying over the proceeds, if he should be worsted upon appeal, and if he should be ordered so to do: which shall be done and performed in manner aforesaid, notwithstanding any appeal or charge of nullity or injustice which may be interposed or set up. And if the party against whom sentence is given, should consider himself aggrieved, he shall be at liberty to appeal within three days, to our administrator-general of mines, and the term of sixty days shall be allowed for the appeal, or the question of nullity or injustice, during which term both parties shall prosecute their claims before such administrator, and shall exhibit to him their writings and vouchers, and produce their witnesses; and they shall be admitted to be heard in all that the law permits, as is aforesaid. And the justice of the case shall be determined, upon what they shall state, allege and prove, within the term aforesaid, without any further conclusion, or adjournment; and if the sentence shall be in confirmation of the former judgment, such suit shall be at an end, as far as regards the right of possession, and there shall be no appeal therefrom. But the party in whose favour the suit shall be decided, shall nevertheless keep an account of the ore he may raise, and of such expences as aforesaid, in order that he may render the same, and make satisfaction accordingly, if he should be worsted as to the right of property, and should be decreed so to do. But if such sentence should not be confirmatory of the former judgment, and the parties should appeal therefrom, such appeal shall be made to the chief accountant of finance, and to no other court whatsoever. And if the parties, or any of them, should set up a claim to the right of property in such mines, the same shall be brought before the administrator of the district, or the administrator-general of the mines, and before no other judge, and he shall hear the parties concerning the same, and any appeal from the sentence which he may give, shall be made to the chief accountant aforesaid, and to no other court. And if a writ of execution should be issued, by virtue of which the possession of such mine or mines, together with the produce thereof, may have to be restored to some other person:—We command, that the person who shall have had possession, and the sureties whom he is to find, agreeably to this our letter, shall deliver in a certain and true account of, and make satisfaction accordingly for, all that may have been raised or produced from such mine, until the day on which it shall be taken from him, deducting the costs and expenses which may have been incurred in working the same; of which expenses he shall give in an account upon oath, signed with his name, and entire and explicit faith and credit shall be given to the same.

LXIV. Also, we ordain and command, that when and so often as any person shall make claim in a quiet and pacific manner, to a mino the possession of some other person, and shall also demand to have such mine closed; then, inasmuch as, in a case of this kind, the principal object looked to is the ore raised from such mines, the justice aforesaid (to prevent the working of such mines from being put a stop to), shall command, that the party be summoned, and do, within the peremptory term of twenty days, give evidence concerning his right; and that the other party do, if he think proper, give evidence to the contrary, or to such he shall think proper. And immediately upon the expiration of the twenty days, if it shall appear that the party making the claim is right, he shall command the party in possession to keep an account, from that time forth, of the ore and silver produced from such mine, and of the costs and expenses incurred, as is mentioned in the last ordinance, in order that he may render the same, and make satisfacfaction accordingly, if he should be worsted; which shall be observed, fulfilled and enforced, notwithstanding any appeal or any charge of nullity or injustice, which may be interposed or set up against it; and this being done, the cause aforesaid shall be proceeded in, without allowing any delay or malicious procrastination, and justice shall be done.




Also, we ordain and command, that all thefts which may be committed in the said mines, mining districts and grounds, or in any place where there may be a mining establishment, for gold, silver, lead or ores of any class or description, the subject of such thefts being any thing relating to or concerning the working of such mines, shall be punished with the utmost rigour, and that any person who shall steal any such thing as aforesaid, shall, besides paying and restoring to the party the thing stolen, be condemned in sevenfold damages, to be applied, one half to our exchequer, and-the other half to the person who shall give information, and the judge who shall pass sentence. And such thefts shall be subject to the cognizance of the administrator of each department, the sentence he may give being liable to an appeal to tho administrator-general. But if he who shall have been so condemned in seven-fold damages, shall not have any property wherewith to pay them, the penalty shall be commuted for some corporal punishment, or for that of ban

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