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 be 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.

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 PAYING OVER AND ACCOUNTING FOR THE PROFITS, ACCORDING TO THE RESULT OF THE ACCOUNT.

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 damage 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 lon ger, 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. ↑ An interdict (interdictum), in the 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. Jur. ut. vocab, at the word, interdictum-Trans.

liberty of prosecuting his claim to the right of property, as he shall think expedient, before the mining justice aforesaid: and he shall immediatly give possession of such mine to the 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 he 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 mine 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 purport as 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.

CHAPTER XXIV.

OF THE FREQUENT THEFTS OF THE WORKMEN AT THE MINES, AND THEIR PUNISHMENT.-OF THE PURCHASERS OF ORE.

ORDINANCE LXVI.

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 the 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

ishment, according to the heinousness of the offence; from which commuted sentence there shall be an appeal to our chief accountant of finance as aforesaid, and to no other tribunal whatsoever, whether such commutation be made by the administrator of the department, or the administrator-general.

CHAPTER XXV.

THE CIVIL AND CRIMINAL JURISDICTION IN SUITS CONCERNING MINES, BELONGS TO THE JUSTICES, SUBJECT TO AN APPEAL TO THE ROYAL AUDIENCIES; AND 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.

ORDINANCE LXXVII.

Also, forasmuch as we are informed, that one of the causes preventing the regular working of the mines heretofore discovered, and the search for and discovery of new mines, is the occurrence of suits and disputes amongst those who are concerned in and work them, and the inconvenience and vexation caused amongst the officers and workmen engaged in the mines, by the justices and other persons, arising both from such justices not having had proper practice and experience in mining affairs, and from the suits being conducted in the ordinary deliberate manner; in consequence whereof, the property of the parties being expended and consumed, in the proceedings had before the justices and the other tribunals to which they have recourse by way of appeal, they are incapacitated from prosecuting the discovery and working of such mines; whence follows notable damage to ourselves, to these our kingdoms, and to our subjects therein: Wherefore, for a remedy thereof (as a matter of so much importance), and in order that all persons may be encouraged to discover and work the aforesaid mines, we have resolved to appoint, and we shall appoint, an administrator general, and such other administrators as may be necessary for the departments and districts which may be fixed upon, who shall be persons of practice and experience in such matters, and who shall have government and jurisdiction over all the aforesaid mines, and all matters relating thereto, and shall be superior to all persons concerned about such mines; and they shall take account and notice thereof, and shall take particular care that all the rules of these ordinances be observed and fulfilled, and they shall enforce the same, and cause them to be observed and fulfilled, agreeably to the order and instructions. which we shall direct to be given to them accordingly. And they shall have jurisdiction to take cognizance and shall take cognizance, in the first instance of all suits, causes and matters, whether civil, criminal or relating to execu

tion, which may be, arise or be agitated in each district, and they shall be at liberty and shall be bound, to take cognizance of the same, agreeably to these ordinances, in the following manner, that is to say:-If the administor-general be in the district of the department in which such suits may arise, he shall take cognizance of the same; but if he be not in the district, the administrator of the department shall take cognizance of them; and if the administrator-general shall leave such department, he shall refer the causes of which he may so have taken cognizance, in the state in which they may then be, to the administrator of the same department, who shall proceed with, and bring the same to a conclusion, agreeably to these ordinances: and if the administrator-general aforesaid shall return to such district, and shall find the causes which he shall have so referred, still undetermined, he shall be at liberty to resume the cognizance of the same whilst he may be there. And we command such administrator-general, and administrators of departments, to do and administer justice to the parties, in the cases and matters of which they may take cognizance, in a brief and summary manner, agreeably to these ordinances, so that the working of the mines be not hindered or embarrassed by reason of such suits. And we command our justices, both the ordinary justices, and those of the holy brotherhood, and also those appointed by commission, and all other justices whatsoever in these our kingdoms, and the other kingdoms under our dominion, that they do not intermeddle with the cognizance of such causes touching or concern ing the aforesaid mines, or the persons, beasts, oxen or waggons which may be employed or work therein: and that they shall not proceed upon nor entertain, either ex officio or upon the application of the parties, any claim, petition, complaint or other matter, in all that is aforesaid, nor in any part thereof and that if there be any such matters pending before them, they shall refer them immediately to such administrators of departments, that they may take cognizance of the same, as being the proper judges thereof, and may do justice to the parties. And for the present, we prohibit and hold prohibited, the said ordinary justices and judges, and those appointed by commission, and all others whatsoever, from taking cognizance, in any manner, of such causes and matters as aforesaid, concerning, proceeding from or in any manner depending on the aforesaid mines, or the persons working in, or clerks or officers of the same, as is aforesaid, notwithstanding any law, edict or other matter whatsoever to the contrary, which, as far as relates thereto, we dispense with, abrogate, annul and make void and of no force or effect, leaving them, nevertheless, in force, as to all other matters. And with respect to the persons who are to be appointed as administrators or receivers, or to any other office relating to the said mines, it is our pleasure that they should be appointed by our council of finance, under our let ters and orders, signed with our hand; and the like with regard to the or