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15. Of contractors neglecting to pay the wages of workmen at the proper times 91

16. Of the penalties and punishments of persons obtaining supplies under pre-

tence of mining operations, and misapplying them . . 92

17. Of the punishment of persons presenting specimens as the produce of a

mine, and soliciting supplies on false pretences . ib.

Of the Fund and Bank of Supplies.

1. Reasons for creating a general Fund for the mines . . 92

2, 3. The management and custody of the monies raised for this purpose to be

under the control of the Royal Tribunal General . . 93

4. Of the appointment of a factor . . . .94

5. Of the mode of paying him, and the bail to be given by him for his conduct ib.

6. Who to have the custody of the capital, and who of the goods . ib.

7. Of the account of the contents to be taken annually of the warehouses and

stores . . . . ib.

8. Of the account between the Royal Tribunal and the mine-owners who are

supplied by the Bank . . ib.

9. Of the writing clerks to be appointed for these purposes . . 95

10. Of the silver remitted by mine-owners to the Bank, and their duties in rela-

tion thereto . . . . ib.

11. Of the salaries to be paid, and the accounts to be kept by the factor . ib.

12. Of the goods to be bought by him . . ib.

13. Of the prices of goods delivered on account of the Bank in Mexico, and

the mining districts . . .96

14. Of the qualifications which must be submitted to the Royal Tribunal by

persons proposing for supplies . . ib

15. Of shewing no preference to mine-owners, except on the score of the

urgency of the caso . • . . . ib.

16. Of the terms on which the supplies are to be furnished, and laying them

before the Royal Tribunal . . . . ib.

17. 18. Of appointing interventors to mines supplied by the Bank, and of

their duties, . . . . .97

19, Of the salary of such interventors, and of rewards and punishments to

them in certain cases . , . ib,

20. Of the preference to be shown to an individual supplyer in cases of com-

petition between any such person and the said banks . . ib.


Of Surveyors for the operation of Mines, and the reduction of the metals from ore.

1. Of the importance and necessity of appointing proper persons to superin-

tend the mines and establishments, and of the appointment and descrip-

tion of the mining professors, and surveyors of reduction . . 98

2. Of the instruments to be kept by the mining professors . . 99

3. Of the laboratories and machines for the surveyors of reduction . ib.

4. Of the certificates to be given by the mining professors to all persons desir-

ing to be employed in the mines . . . ib.

5. Of the certificates to be given by the surveyors of reduction to all persons

desiring to be employed in the reducing establishments . . ib.

6. Of persons passing from one mining district to another . . ib.

6. Of the oath to be taken before the Royal Tribunal by the mining professor?

and surveyors of reduction . .100

8. Of the credit to be given to the said professors and surveyors in the deter-
mination of causes . . . ib.


Of the privileges of the Miners.

1, 2. Of the general privileges granted to the Miners of New Spam 106, 107

3. Of their qualified freedom from arrest for debts . . . 107

4. Of applying the produce of Mines or establishments in case of sequestration ib.

5. Of the reservation to a Mine-owner in case of an execution upon his other

property .... . . b.

6. Of the favour to be shewn to deserving persons in the Mining profession ib.

7. Of the favour to be shewn to the children and descendants of deserving

mine owners and suppliers .... . 108

8. Of the eligibility of Mine-owners and administrators to the oflSce of magis-

trate or governor, and of their privilege of excusing themselves . ib.

9. Of the preference to be shewn to Miners in obtaining lands, renting houses,

and buying provisions; and of their liberty to hunt, fish, &c. and other
privileges ... . . . ib.

10. Of checking the extravagance of Miners. ... . 109

11. Of the prohibition of gambling and other shameful diversions among the

Miners ...... . ib.

12. Of the duty of the Royal Tribunal, and of the territorial deputations, and

of the force and effect of theso Ordinances, and of the mode of proceed-

ing in case of any doubts arising as to their construction . .110

13. Of the duties of the council of the Indies, the Royal Audiencies and Tri-

bunals, the Viceroy, Captains and Commandants General, Governors,
Intendants, Ministers, Judges, and all other persons, in respect to these
Ordinances, and of their final authorization and confirmation . ib.

Laws of Spain concerning Mines of gold, silver, and other metals, contained in

the 18th title of the Novisima SecopUacion, with Gamboa's Commentaries on

Law 4.


Law 1. The right of the king in mines of gold, silver and other metals, salt

springs and wells, and the prohibition to work them without royal license 112

Law 2. Concerning the right of searching for mines by a person on his own

lands, and those of other persons to seek them . . ib.

Law 3. Concerning the incorporation of mines of gold, silver and quicksilver in

the crown by royal patrimony, and the mode of working them . 113

Law 4. With Gamboa's commentaries. New ordinances which are to be ob-

served in the discovery, occupation and working of the mines of gold,

silver, quicksilver and other metals . . .116


Of the new code of mining ordinances, the old ordinances remaining in force, so

far as they are not repealed by the former, and how far they arc to be ob-

served in the kingdom of New Spain. A notice of the ordinances

framed by some of the viceroys, and of the ordinances in force in Peru ib.


Of the supreme right of the prerogative in the mines of gold, silver, and other

metals. Of the re-anuexation to the crown of all the mines, heretofore

the subject of grants by provinces and bishoprics, in order to give an in-

terest in them to the subjects of the crown generally, wherever situate.

Of the very amplo nature of the grant, as regards the Indies.—Of the

persons who are prohibited from working mines.—Of foreigners, ecclesi-

astics and curates .... 122

Section I. The working of quicksilver mines was at first permitted in New

Spain, but was subsequently, in several instances, prohibited, it having

been made unlawful to sell quicksilver in New Spain, except such as is

remitted and distributed on account of the crown . .139


Of the different terms under which the crown has, from time to time, permitted

its subjects to work the mines.—Of the richness of the mines of Spain

in former times, and their subsequent decay.—Of the great number of

mines the Indies contain, and the duty of a fifth, a tenth, or a twentieth,

reserved to the crown upon the gold, silver and other metals raised from

them . . 144


It is permitted to try for and work mines without restraint, in public and also in

private ground, subject, as to the latter, to the right of the proprietor to

be compensated for the damago done to his property, according to an es-

timate to bo made by surveyors. The occupying and registering the

mine gives any person a right against the owner of the soil . 162


Of registering mines of gold and silver, and of entering in the register the sales,

transfers and alterations of the boundaries of such mines; how and be-

fore whom such registry is to be made; and that the difference between

registry and denouncement is only in form, and not in substance . 170


A mine, not the property of the party, cannot bo registered by him . 182


Of mines held in partnership, of the number of hands required to be employed in

them; of the mode of regulating the work, and dividing the pro-

duce; of the different kinds of agreement applicable to partnerships

in this species of property; of the modes in which such partnerships

are determined, and of the number of mines they may lawfully hold 188


Of first discoverers, and their privilege of holding several mines, an ordinary

miner being capable of holding two only, unless acquired by purchase

or inheritance, under which circumstances he may hold an unlimited

number . . . . . . 211


Of the length and breadth of mines, and in what manner they must be taken.

Of the fixed stake, which all persons are bound to adhere to in their

mines. Of the discoverer's right to a larger extent of ground in all the

mines which he shall originally fix upon. It is shewn there may be dif-

ferent first discoverers in respect of different veins, in one and the same

mineral tract ... ... 221


Of the necessity of setting out boundary stakes, and of the term allowed by

law for that purpose, as well when the owner of the mine, who is re-

quired to set them out, is absent, as when he is present . . 236


The miners ought to stake out and measure the boundaries of their mines, ac-

cording to the order and standing of their respective entries in the re-

gister. The question considered and solved, whether, if a mine be in-

sufficiently worked, or become forfeited in any other maimer, and bo

afterwards denounced and adjudged to some other person, regard should

be had, in measuring out the boundaries, to the original registry, or to

that made subsequently upon the denouncement. . . 242


Of measuring the boundaries of mines, and of the great importance and ne-

cessity of a precise observance of the ordinances upon this subject. Of

the subject to which the measurement is applied. Of the surveyors em-

ployed in making measurements, and of the mistakes occasioned by their

unskilfulncss, and the mischief to which these mistakes give rise. Of

the instruments required for the purpose, and of the surveying of mines,

internally and externally . . . . . 252


To authorise the registering a mine in the name of another person. it is ne-

cessary that the person making the entry should either be the hired

servant of the other, or have a special authority for the purpese. Of

the powers of servants registering mines for their masters . . 284


Of the depth of three estados, to which the mines are required to be sunk, and

of the term allowed for sinking it. Of the cases which are exempted

from this obligation. A mine cannot be sold until sunk to this depth.

Of the formalities required in selling mines sunk to the proper depth.

Whether there be any remedy in case of lesion enorme, in sales of this

class of property. Of the other contracts which may be made concern-

ing mines, especially the precarious gift or loan . . . 293


Of the number of four persons required to be kept at work in mines of gold

and silver, and of the penalty of forfeiture which attaches upon their

being left unworked for four successive months, after which there can

be no restitution or other remedy. Of the description of work

about which they must be employed, and which is determined to be any

kind of work, whether upon the surface or in the interior, tending to

the habilitation of the mine. The only grounds of exemption from the

penalty are, the occurrence of pestilence, famine, or war. Consider-

ations on the deficiency of hands for these most important works . 306


Of the judicial course of proceeding in the first and second instance, upon the

denouncement of a mine. Of the strictness required to be observed

in both instances, any other appeal being denied; and of the sentence

of adjudication of the mine ..... 320

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