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CHAPTER XIX.
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,
CHAPTER XX.
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
Page
327
333
CHAPTER XXI.
Of the privileges of the Miners
CHAPTER XXII.
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
CHAPTER XXIII.
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 be given for rendering an account; and of pay-
ing over and accounting for the profits, according to the result of the
account
CHAPTER XXIV.
Of the frequent thefts of the workmen at the mines, and their punishment. Of
the purchasers of ore
CHAPTER XXV.
341
244
351
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
CHAPTER XXVI.
Of
Of adits and contraminas, and their importance. Of the obligation to make
them, and the inconveniences which follow from neglecting to do so.
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
362
LAW 5. Private jurisdiction of the superintendent of the mines of Almader
within the circuit of ten leagues
380
66
6. Jurisdiction of the superintendent of the quicksilver mine of Collado
de la Plata
ib.
III.
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
"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
"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
4. To secure the discovery of quicksilver mines
5. That the mining ordinances be observed, and that servants shall register,
in the name of their masters, those mines which they shall discover
6. That the ordinances in relation to the denouncing of mines be observed,
and the time limited not extended
383
384
9. That the mines and working of them receive attention
"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.
"12. That no one except the owner of mines can sell the metal
13. That Spaniards, free Negroes and Mulattoes, be persuaded to work
in the mines
"14. Indians may hold and work mines
387
"15. Privileges to Indians who discover mines, and rewards to Spaniards
and Mestizos
"16. Mines to be staked out to Indians, in same manner as to Spaniards 388
TITLE XX.
Concerning miners and workers in quicksilver, and their privileges.
LAW 1. Miners to be favored, and articles employed in mining exempt from
4. Miners provided with necessary materials, at fair prices
5. That the suits of miners be quickly disposed of
TITLE XXI.
Concerning the Alcaldes Mayores, and Notaries of the Mines.
LAW. 1. Alcaldes Mayores of Mines
2. Alcaldes Mayores not to purchase silver, &c.
390
. 391
LAW 3. No Alcaldes Mayor, Judge or Notary to form partnership in mines, or
be a discoverer
That the royal mines may be worked, leased or sold, as most desirable
LIB. 2. Tit. 1. Law 2. That the laws contained in compilation of the Indies be observed
LIB. 2. Tit. 1. Law 4. For the observance of the ancient laws in force for the
government of the Indies, and of those which have been re-enacted
Articles 144 to 147 of the Ordinanza de Intendentes of 1803
IV.
Decrees of the Cortes of Spain and Ferdinand VII.
€ 391
392
ib
Decree of Cortes concerning quicksilver, Jan. 26, 1811
396
Decree of 12th March 1811, for the encouragement of agriculture and industry
in America
Decree of 14th July 1811. The obligation of authorities to comply with the or-
ders of their superiors
Manifesto of Ferdinand VII. 4th May 1814
Royal Decree of 2d July 1814, re-establishing the chamber of the Indies
Royal Decree of 2d July 1814, re-establishing the supreme council of the
dies
In-
Royal Decree of 29th June 1821, concerning the protection of the mining in-
terest
Extract from President Taylor's Message, Dec. 4, 1849
Extract from the report of Thos. Ewing, Sec. of Interior, Dec. 3, 1849
President Taylor's Message in relation to California, Jan. 21, 1850
Letter of instructions of Mr. Buchanan, Sec. of State, to Mr. Voorhies, Oct. 7, 1848
. 419
Letter of Mr. Ewing to Mr. Clayton
Instructions of Mr. Clayton, Sec. of State, to Mr. King
Instructions of the Commissioners of the Land Office to Mr. W. C. Jones
. 423
.425
. 425
Instructions of Mr. Ewing, Sec. of Int. to Mr. Jones
. 429
H. W. Halleck's report in relation to public lands in California
. 431
Extracts from instructions of Aug. 17, 1773
. 444
Regulations for the government of California, 1779 and 1781
Provisional regulations concerning missions of California, Aug. 9, 1834
Regulations of Gov. Alvarado respecting missions, mayordomos, inspectors &c.
466
Extracts from Gen. Mitcheltorena's proclamation, March 29, 1843 Decree of Departmental Assembly, May 28, 1845
Gov. Pico's regulations concerning missions, Oct. 28, 1845
Decree of Departmental Assembly,-missions, April 3, 1846
Decree of Departmental Assembly, Oct. 31, 1846-missions
Decree of Gen. Kearney, March 22, 1847
Gen. Kearney's proclamation, March 1, 1847
Col. Mason's proclamation, of Aug. 7.
Communication of Mr. Halleck to J. G. Majors, June 2, 1849
Gen. Riley's proclamation, June 4, 1849
Gen. Riley's proclamation to the people of California, June 3, 1849
469
. 471
. 472
. 475
. 476
. 477
. 479
. 480
482
483
. 484
VI.
Treaty between Spain and Mexico, Nov. 28, 1836
. 489
Treaty between the United States and Mexico
. 492
Act of Legislature of California, adopting the common law, April 13, 1850
Statute of California in relation to mines and foreign miners
. 506
. 507
509
Act of Congress for the admission of California into the Union, Sept. 9, 1850
Act of Congress to ascertain and settle the private land claims in the state of
California
Feb. 13, 1822, Prescribing the grains of deficiency of weight which
are allowed in silver coin
596
Oct. 29, 1823. Exemption of duty of two per cent. on specie funds
remitted to mining villages
597
Sept. 15, 1829. Persons who have the collection of what belongs to
the mineral fund
600
LAW, May 12, 1838. Reward to persons who shall import quicksilver in national
or neutral vessels
601
IX.
Extracts from Official Publications of the Laws in the Newspapers of the
City of Mexico.
DECREE, Mexico, Feb. 18, 1842. Concerning the Piety Fund
Edict,
Oct. 31, 1842. Encouragement of Mining
Nov. 13, 1842
TITLE I.-Regulations for the board of encouragement and management of the
mining corporation
TITLE II.-Of the quicksilver fund
TITLE III-Of the foundation fund and redemption
. 601
. 602
. 603
. 610
. 611
TITLE IV.—Of the administration of justice in the affairs of mining.-Of
National Colonization Law of Mexican Republic of January 4, 1823.
Decree, April 6, 1830, respecting importation of cotton gooods
. 621
Decree, Nov. 25, 1833
623
Circular, Feb. 4, 1834, in relation to the colonization of the lands of Coahuila
and Texas
which are the property of the Republic
Decree, April 12, 1837.
Colonization Law of the state of Coahuila and Texas
Law, April 24, 1835, in relation to unoccupied lands in Coahuila and Texas
Law, April 4, 1837, Providing for rendering effective the colonization of lands
Regulations concerning the Direction of Colonization
Instructions to commissioners appointed by the Legislature of the state of Coa-
huila and Texas
Glossary
Table of Land Measures adopted in the Republic of Mexico
627
632
641
. 549
653 . 664