Sidebilder
PDF
ePub

be immediately transmitted to the Royal Tribunal General of the Miners, in order that if there shall appear to be no defect or irregularity in the conduct of it, it may be approved of by the Supreme Government of New Spain: and be it understood, that no charges whatever shall be made for the procuring of such approval, nor for any of the formalities which must precede it.

SECTION XV.

The Territorial Deputies (Disputados Territoriales), the Inspectors, and Surveyors of Mines, shall receive no pay from my Royal Treasury, but shall be supported from the profits of the respective mines, agreeably to the laws upon that subject; for which purpose, the Royal Tribunal General of Mexico shall impose certain moderate duties, according to the conditions and circumstances of each mine district, in the manner and under the rules laid down by Section xxxvi. of Chapter III. of these Ordinances.

SECTION XVI.

In the month of February in every year, the Territorial Deputations (Diputaciones territoriales) shall submit to the Royal Tribunal General of Mexico, a report upon the condition of the mines and Miners in their respective districts, and their dependencies, suggesting such measures as may appear to them conducive to the preservation and better advancement of the same, and also upon the quantity of silver produced, and of quicksilver consumed in the preceding year: upon the number of mines which are in course of actual working, as well as such as have been abandoned, and why they have been so abandoned; and upon those which have been newly discovered, or re-established; requiring for this purpose, from the Provincial Courts and Treasuries, and other offices, all certificates, attestations and other documents which may be necessary: And it is hereby ordered, that the said reports and documents be laid before the Viceroy, in order that, after acquainting himself with their contents, he may submit them to me, with a suggestion of such measures as he may deem advisable, and likely to meet with my Royal Approbation.

CHAPTER III.

OF THE JURISDICTION IN MINING CAUSES, AND THE MODE OF TAKING COGNIZANCE, OF PROCEEDING, AND PASSING JUDGMENT AND SENTENCE IN THE SAME IN THE 1ST, 2ND, AND 3RD INSTANCES.

SECTION I.

I GRANT to the Royal Tribunal General of the Miners the power of hearing and deciding all concerns relating to the administration, direction, and

management of the body of Miners, and I therefore declare that the territorial deputations of all the mining districts shall be fully and entirely subordinate to it in all such matters of administration.

SECTION II.

The Royal Tribunal General shall, moreover, take cognizance of all causes, arising out of the discovery, denunciation,* right of property, extent, draining, desertion, and (despilaramientos) destruction of the supports or pillars of the mines, and of all that may occur in the same to the prejudice of the operations therein, and in contravention of these Ordinances, and also of what'ever relates to the supply of mines, the sale or exchange of ores, or silver and gold, of copper, lead, and other mineral substances, instruments for reducing, (Maquilas), and of other things of the same nature; but I declare, that such power of deciding causes shall only be exercised by the said Royal Tribunal General within twenty-five leagues of the capital of Mexico.

SECTION III.

Without detracting from the peculiar jurisdiction of administration granted to the Royal Tribunal by the First Article of this Section, the same power shall be exercised by the territorial deputations in their respective territories, in causes which may occur, but only by the two Deputies jointly, for the support and encouragement of the mining operations in their particular district, the interest and advantage of the Proprietors of mines, the preservation and increase of the population, the due administration of justice, the welfare of the inhabitants, and the relief of the poor: be it, however, understood, that the same shall be done in immediate subordination to the Royal Tribunal General, as directed in the said first article; with this proviso, that they are not to exercise any formal acts of jurisdiction, except in such causes as are expressly referred to them by these Ordinances.

SECTION IV.

The territorial deputations shall, in their respective districts, have the peculiar power, or jurisdiction, of deciding causes, which I have in the Second Article of this Section granted to the Royal Tribunal General in all such

*Denunciacion, Denunciar, Denunciante. These words deserve particular attention, as they denote the mode of acquiring mines, and are constantly occurring throughout the ordinances, Denunciar relates as well to original mines, i. e, mines which have never before been worked, as to mines which have once been worked, but have fallen into a ruinous state; in the former case it means, "to give notice that a certain mine exists, and that the person so giving notice, intends to work it." Whereupon, after complying with certain conditions required by the Ordinances the mine is allotted to such person. In the latter it means, "to give notice that some mine owner has either neglected the working of his mine, so that it is reduced to a state of decay, or that he has acted in contravention of these Ordinances, which points being proved, the person so giving notice himself acquires the mine." The word has generally been rendered" to inform of," or "to acquire by informing of," but as it implies a great deal more than this, and as it has a peculiar technical signification in the Spanish, I have preferred translating it by the word “de

nounce."

matters as are there expressed, proceeding in, and deciding the same in a manner wholly independent of the said Royal Tribunal General; since, in the exercise of such jurisdiction, they are not to act subordinately to the said Tribunal, which is hereby prohibited from taking cognizance of, or interfering with any such causes and proceedings out of their own jurisdiction.

SECTION V.

Since all the foregoing causes and disputes are to be determined between the parties in the shortest and most summary manner, according to justice, and the customary good faith of commercial transactions, without any of the usual delays and written declarations, or petitions of lawyers, it is my Will, that whenever any person shall appear before the Royal Tribunal, or before the Territorial Deputation of any of the mining districts to commence an action or suit, they shall not allow any complaint or proceedings to be presented in writing, until after they shall have cited before them both parties, where it is practicable to do so, and heard orally their several causes of actions, and replies or objections, and endeavoured to compromise and settle the matter in dispute between them, with the utmost possible dispatch; but if they should not succeed in bringing about the arrangement between the parties, and if the subject in question shall exceed the sum or value of $200 (for all causes relating to sums not exceeding that amount are to be decided orally, whether the parties consent to it or not), then the petitions or claims in writing, may be received, provided the same have neither been drawn up, arranged, or signed by lawyers; and whenever it shall be necessary to proceed in any cause, in consequence of not having been able to arrange and settle the same orally between the parties, then the demands or requests of the complainant shall all be received and attended to, previously to the hearing of any on the part of the defendant.

SECTION VI.

In consideration of the object above expressed, of procuring a decision in all causes and disputes in the shortest and most summary manner, according to justice and good faith, I thereby ordain and command, for the better attainment of that end, that in actions before the said Royal Tribunal and Territorial Deputations in the first instance, as also in causes of appeal and in the judgments to be pronounced therein, they shall pay no regard to any defect in the proceedings, or want of attention to the minute formalities of the law, or any irregularity of diction, but shall, in all causes, decide and judge with a strict regard to the merits of the case, and for that purpose, they shall officially examine the necessary witnesses, provided they do not exceed the number of ten, and take the depositions of parties where it may be thought requisite, and shall thereupon give and pronounce their determination, and judgment or sentence.

SECTION VII.

to avoid all useless and malicious appeals, which are made for

the sole purpose of preventing the course and execution of justice, I ordain that no one shall be allowed to appeal from the Judges of the said Royal Tribunal, or from the said Territorial Deputations, unless it be in consequence of definitive judgments or interlocutory decrees, containing irreparable aggrievement (gravamen irreparable), and any appeal which may be made in contravention of this article shall not be valid, and neither the Judges of the said Tribunal, nor the Territorial Deputations are to admit the same, but shall proceed in the cause, and pronounce their judgment or sentence definitively.

SECTION VIII.

All interlocutory decrees, and judgments or sentences, are to be signed by the Administrator-General, and by both the Deputies-General of the Royal Tribunal, even if any one of them should dissent from the other two: for the opinion of the Administrator-General, and of one Deputy-General, or that of the two Deputies-General, is to decide the sentence or judgment, and the one who dissents is to sign the same notwithstanding.

SECTION IX.

The Territorial Deputies may each separately proceed in causes, for the sake of their brevity and dispatch which are so desirable for the interests of the body of Miners; but in passing and pronouncing definitive judgments or sentences, and interlocutory decrees, which might cause irreparable aggrievement, they shall act in conjunction; and if they should not agree concerning the same, they shall call in the respective Substitute, according to the rules already laid down, in order that the majority of opinions, and such determination shall be signed by all three, as provided in the preceding Section.

SECTION X.

In all points of law, which are not clearly laid down in these Ordinances, the Royal Tribunal General shall avail themselves of the assistance of any able and conscientious lawyer whom they may select for the purpose, and the Territorial Deputations may confer with any such person who may be in the town or place where they reside; and in case he should be objected to, or if there should be no lawyer in the place, then they shall act with the assistance of the respective Provincial Judge appointed by me, which latter is not to be objected to, unless there be another person who can supply his place; and I further declare, both with regard to this, and the preceding Section, that any person who may have given his opinion in causes in the first instance, shall not give it in the second.

SECTION XI.

When the proceedings in any cause are concluded, and final decision is about to take place, or at any time, whenever the Judges of the Royal Tribunal, or the Territorial Deputations may think it necessary, such proceed

ings shall be submitted to them by the Clerks of the Court, before whom they were taken down, who are to sum up the contents in the usual manner, and with that brevity which is so desirable for the interests of the Miners.

SECTION XII.

The decrees and judgments, or sentences, of the Tribunal General, and of the Territorial Deputations, if not appealed against, and when they have ac quired the authority of a final decision, are to be carried into effect, in a short and summary manner; those of the Tribunal by their two messengers, or porters, who are to exercise the functions of executive Bailiffs (Alguaciles Executores), and those of the Territorial Deputations by the ordinary Bailiffs (Alguaciles) of the places where they reside, and the former, as well as the latter, shall command and desire all other Judges and Courts" (Justici as), whom it may concern, to afford them any aid or assistance which they may require.

SECTION XIII.

In causes of appeal against any such definitive sentences or decrees, by either of the parties, where the matter in dispute shall exceed the value of 400 dollars (for in all causes regarding a less amount no appeal shall be admissible, and the decisions of the Judges of the Royal Tribunal, or of the Territorial Deputations, shall be finally carried into effect), those from the Royal Tribunal General shall be received by the Court of Appeales (Jusgade de Alzadas) about to be established in Mexico, and which is to be composed of a Judge of the Real Audiencia of that place, to be appointed by the Viceroy, in the same manner, and for the same term, as the one intended for the Royal Tribunal of the Consulate or Chamber of Commerce; of the Director-General of mines, and of a Proprietor of mines, who is to be elected for that purpose every third year, in the General Assembly of Miners, from amongst such as have been Administrators, Directors, DeputiesGeneral, or one of those Four Advisers (Consultores), who are to reside constantly in Mexico, as directed in a former Section; and the appeals from the Territorial Deputations, within the distance of twenty leagues, in every direction from the city of Guadalaxara, shall be in the same manner received by the Court of Appeal, which I have ordered to be created there, and which is to be composed of one of the Judges of the Real Audiencia of that place, to be appointed by the Acting President thereof for the time, and in the same manner as the one for the Consulate, or Chamber of Commerce, in Mexico, and of two Proprietors of mines, of known character, and possessing all the requisite qualifications, who shall be appointed Co-Judges of Appeal in the city of Guadalaxara, from amongst those residing there in the said General Assembly of Miners, to be held every three years in Mexico, as before directed; but if there should not be any resident Proprietors of mines

* Tribunals over which the Magistrates of the country preside, as distinguished from any tribunal composed of Miners.

« ForrigeFortsett »