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 deallng 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

341

244

351

CHAPTER XXIV.

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

the purchasers of ore

CHAPTER XXV.

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 adits and contraminas, 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

362

Page

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

66

66

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

9. That the mines and working of them receive attention

383

384

ib.

ib.

ib.

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

cases, &c.

"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

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

execution

4. Miners provided with necessary materials, at fair prices

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

"4. Salaries of Alcaldes Mayores and Inspectors

TITLE 11.-BOOK 8. LAW 2.

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

Page

391

ib.

392

ib

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

393

394

IV.

Decrees of the Cortes of Spain and Ferdinand VII.

Decree of Cortes concerning quicksilver, Jan. 26, 1811

Decree of 12th March 1811, for the encouragement of agriculture and industry

in America

. 396

397

Decree of 14th July 1811. The obligation of authorities to comply with the or-

ders of their superiors

398

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 In-

dies

Royal Decree of 29th June 1821, concerning the protection of the mining in-

terest

407

V.

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

Instructions of Mr. Clayton, Sec. of State, to Mr. King

Letter of Mr. Ewing to Mr. Clayton

Instructions of the Commissioners of the Land Office to Mr. W. C. Jones

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.

March 1, 1840

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

Page

. 469

. 471

.472

.475

. 476

. 477

. 479

. 480

.482

. 483

484

VI.

Treaty between Spain and Mexico, Nov. 28, 1836

Treaty between the United States and Mexico

Act of Legislature of California, adopting the common law, April 13, 1850

Statute of California in relation to mines and foreign miners

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

. 489

. 492

.506

. 507

509

510

66

VI. Of the remedies relating to mines and minerals.

SECTION I. Legal remedies

II. Equitable remedies

. 561

. 564

. 574

.580

.. 580

. 583

VIII.

Feb. 13, 1822, Prescribing the grains of deficiency of weight which

are allowed in silver coin

Oct. 29, 1823. Exemption of duty of two per cent. on specie funds

remitted to mining villages

597

Page

DECREE Feb. 13, 1824.. Concerning the importation of Quicksilver

July 24, 1824. Permission to Don Juan Bautista Binón to work

quicksilver mines

597

ib.

66

May 20, 1826. Suppressing of the tribunal of the miners

598

66

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

mining corporation

. 601

. 602

. 603

TITLE I-Regulations for the board of encouragement and management of the

TITLE II.-Of the quicksilver fund

TITLE III-Of the foundation fund and redemption

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

Circular, Feb. 4, 1834, in relation to the colonization of the lands of Coahuila

and Texas

Glossary

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

which are the property of the Republic

Decree, April 12, 1837:

Regulations concerning the Direction of Colonization

Colonization Law of the state of Coahuila and Texas

Instructions to commissioners appointed by the Legislature of the state of Coa-

Table of Land Measures adopted in the Republic of Mexico

ib.

627

. ib.

. 632

641

. 549

. 653

. 664