Of the damages to be paid by the proprietors of the more elevated mines, the

waters of which flow into the lower mines. Of the obligation which all

miners are under, to keep their mines clear and free of water; the

lower ones not being subject to the service of receiving the water from

the upper ones. It is the duty of the justices anxiously to promote

the draining. A description of the pits and adits used for this pur-

pose; observations on the great number of mines under water, in dif-

ferent mining districts, .... . 327


Of the rubbish heaps of mines, and of givings way in the works of mines. Of

the pillars of support, timber work, pits and cisterns. Of the activity

with which the justices should promote the construction and preservation

of these works .......


Of the privileges of the Miners ...... 341


Of the reduction of the ore, both by smelting and amalgamation. Of the
assayers and assays, and of the prohibition against dealing in silver un-
stamped—refuse and slag heaps—Refining houses and duties of the
administrator, refiners clerks, and notaries at the same . . 244


Of possessory and petitory suits concerning mines. Of the mining interdict

and its peculiarities. Of the form of proceeding and terms allowed in

each of these suits, in the first and second instance. Of the security of

one thousand ducats, to he given for rendering an account; and of pay-

ing over and accounting for the profits, according to the result of the

account ........ 351


Of the frequent thefts of the workmen at the mines, and their punishment. Of

the purchasers of ore ... . . 353


The civil and criminal jurisdiction in suits concerning mines, belongs to the jus-

tices, subject to an appeal to the royal audiences; aud the viceroys have

not authority to take cognizance of such matters; but the administrative

authority is, by the laws and several royal orders, vested in the viceroys 354


Of adits and contraminos, and their importance. Of the obligation to make

them, and the inconveniences which follow from neglecting to do so. Of

registering and marking them out, their dimensions and form, and the

number of hands to be employed in working them. Of the apportion-

ment of the expense, and of the right to the ores found in the course

of prosecuting such works, whether in unoccupied or appropriated

ground, and whether found in new veins, or in a vein belonging to some

other party ........


Extracts from the Recopilacion de leyes de los Reynos de las Indias.

Law 1. Permitting all Spaniards and Indians, vassals of the crown, to dis-

cover and work mines .... 383

"2. That the discoverers of mines make oath to render account of the gold,

and first obtain a license to discover salt mines and the beds of pearl

oysters .... . 384

"3. Of the amount promised to the discoverer of a mine, that two parts
shall be paid by the royal treasury, and the other by those interested . ib.

"4. To secure the discovery of quicksilver mines . • ib.

"5. That the mining ordinances be observed, and that servants shall register,

in the name of their masters, those mines which they shall discover . ib.

"6. That the ordinances in relation to the denouncing of mines be observed,

and the time limited not extended . . . ib.

"7. That the slag heaps &c. at the mines, be not wasted . . 385

"8. That the mining districts be furnished with provisions . - ib-

"9. That tbo mines and working of them receive attention . • ib-

"10. That the viceroys and president shall have cognizance in certain

cases, &c. ..... 386

"11. That the copper in the mines in Cuba be worked and remitted, &c. . ib-

"12. That no one except the owner of mines can sell the metal . ib.

"13. That Spaniards, free Negroes and Mulattoes, be persuaded to work

in the mines ..... 387

"14. Indians may hold and work mines . . . ib.

"15. Privileges to Indians who discover mines, and rewards to Spaniards

and Mestizos . . . . . ib.

"16. Mines to be staked out to Indians, in same manner as to Spaniards 388

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