pose, the question is asked, whether it would be desirable that the sovereign. should undertake the working of the mines, or whether it is better to leave them to the free agency of the subject; and it is suggested, that as, on the one hand, it is to the disadvantage of the sovereign that his subjects should sacrifice their fortunes, so it is to the disadvantage of the latter, that the sovereign should place his revenues in hazard; but that both these evils might be avoided by sharing the expenses and profits. By appointing then, an administrator-general of the smelting works, and constructing a grand work of drainage for the mines, the crown would gain a right to an additional ninth part, in return for such assistance, whilst the miners would be much aided in carrying through their works, and would find great advantage in being relieved from a part of their contributions thereto. And should the event not happen to answer the intention, the loss might be supported without any violent injury to the state.* 12. Having suggested these reasonable reflections on the important subject of executing the works of general drainage in the mining districts of approved richness, we proceed to remark, that although it is evidently very difficult, in general, to accomplish such works by the exertions of a set of individuals, both from their wanting the means, and from none but mine owners being willing to risk their money in adits, where there is no certain prospect of reimbursement; and that the water sometimes lies at such a depth, that it would be necessary to drive some leagues to give the adit a proper slope; yet it is notorious, that in many mining districts, where the circumstances are much less unfavourable, a great number of whims are often employed by different mine owners, in the laborious business of draining (raising the water through the pits,) a plan which is attended with the disadvantage of leaving the works always liable to be overwhelmed by a fresh influx of water, in consequence of which the property of Journal économique, Janvier, 1751, p. 122. "Il est d'une extreme necessité d'avoir des fonds très considerables lorsqu'ou se propose d'ouvrir un mine, car il devient également facheux de ne pouvoir faute d'argent, continuer les travaux commencés ou d'être obligé de les abandonner après que l'on en a fait toute la dépense. Gn demande à ce sujet s'il est plus à propos que le prince fasse une semblable entreprise, ou s'il convient qu'il la faisse faire à ses sujets? La difficulté de cette question consiste en ce qu'il est contre le bien du prince que ses sujets se ruinent, et contre celui des sujets de le prince porte toutes ses finances d'une côté au hazard de les perdre, et de laisser les autres parties des affaires publiques tomber dans la langueur, Mais cette difficulté fournit elle même sa solution, Il est visible en effet que le bien commun se trouvera en partageant les charges et les profits. Le prince peut établir une administration générale des fontes, et faire bâtir a ses dépenses la décharge principale des eaux de la mine, qui sert en même temps à faire écouler les caux, et à donner aux mineurs un air sain et libre. Ce dernier point seul lui assure le droit de lever une neuvième sur tout le produit de la mine, et les avances qu'il fait à cette occasion soulagent beaucoup les compagnies particulières qui achevent plus aisément les bâtimens de la mine, et en font l'exploitation. Ainsi de part et d'autre on se sent du benefice que la mine peut rendre sans être dans le cas de faire de trop fortes contributions; et si l'entreprise n'a pas l'heureux succès que l'on s'en etoit promis, la perte devient plus facile à supporter, et l'etat en général n'en souffre que foiblement." the miner is exhausted, and the public interest prejudiced by the necessity for repeated draining. But there are also places, where from the disposition of the ground, adits might be made at very little expense, and therefore, in these instances, it is evident that the only reason for the non-observance of these ordinances must be that the proprietors do not agree amongst themselves. And whether it be from connivance on the part of the jus tices, or from ignorance of their duty, it is very certain that they neglect to enforce the rules of these ordinances, insomuch that we never recollect to have heard of their resorting to compulsory measures for the purpose, or of their treating with the miners, in order to stimulate and encourage them to a better practice. By indulging in this neglect of their duty, they do injustice to the public, to individuals, and to the rights of the sovereign, who has made it a law, that the working of the mines shall be assisted by means of adits, as being works of great importance, and necessary for giving a permanent character to this valuable description of property. And if the mine owners can find sufficient capital and activity to work a number of whims, they might and ought to apply a part of the money thus expended, in permanent works of drainage; not omitting, however, to keep some of their pits at work in the mean time, which was the plan pursued in.the mining district of el Monte, where, whilst contributions were making towards the completion of the adit mentioned above, the mines were kept in work by means of the pits. It usually happens, as a further encouragement to these works, that part of the expenses is covered by the ore found in their course, and by the discovery of new veins in the interior, which had not been explored from the surface; a result which is to be expected from the very nature of metallic orcs; for wherever one vein has been discovered, it may be conjectured that others will be met with, as may be seen by refer ring to Saint Isidore and Pliny." 13. In the third place, registry must be made, and possession given; and the work must be defined and t:aced out from the mouth of the adit to the site of the vein or mine to which it is directed. The course thus assigned must be observed with precision, for otherwise it would be easy, under pretence of driving an adit, to deviate from the proper direction of the work, with a view to get ore belonging to other proprietors; the direction assigned must therefore not be deviated from, but must be pursued in a direct course. The possession given and registry made, confer a title to the work, the commencement of which may be opened in ground which falls within some other person's pertenencia, notwithstanding any opposition on his part; as appears from the ordinances of Peru,† and from our 79th ordinance, the S. Isidor. Etymolog. 16, cap. 17. "Metallum dictum oquod natura ejus ea sit, ut ubi una vena apparuerit, ibi spes sit alterius inquirendæ." Plinius, lib. 33, Hist. Natur. cap. 6, n. 20 “Et ubicunque una vena inventa ist, non procul invenitur alia. Metallum idem quod Vetallum, id est, quasi vena alia. + Ord. 1, tit. 8, concerning adits. Escalona Gazoph. lib. 2, part. 2, pa . 118. latter of which gives free power to make such works, wherever there shall be most advantages for the purpose. 14. In the fourth place, regard must be had to the width and height of the adit. In Peru, it must not exceed two varas and a half in width, and as much in height." But our 82d ordinance assigns as a limit, eight quarters (of a vara) in height, and five in width, which are the dimensions to observed in New Spain. Don Joseph Alexandro de Bustamante, aware of this rule, prayed, on denouncing the mines of the Vizcayna vein, to be granted a dispensation from the observance of the 82d ordinance abovementioned, which was conceded to him, by an order of the superior government of Mexico, of the 1st June, 1739, the archbishop and viceroy, Don Juan Antonio Vizarron, availing himself, for that purpose, of the power given him by law 3, tit. 1, book 2, of the Collection of the Indies, to make such arrangments in mining matters as should be most expedient. Under this law, he referred the consideration of the height and width of the adit, to the judgment and discretion of the royal officers of Pachuca, with the advice of skilful and intelligent miners; which officers, after considering, under the suggestions of persons of experience, the distance between the fixed stake or mouth of the adit, and the Vizcayna vein; the circumstance that the workmen entering loaded with timber, and those going out, bearing rubbish, must meet; that men of more than two varas in height have to come in and go out, also loaded with burdens; that the ground is generally found to be very hard in the interior; that it would be advantageous to give more facility to the working: and that it would be necessary in some places to drive the contraminas side by side, and in other places, one above the other; agreed, that two varas and a half should be assigned for the width of the adit, and three varas for the height. For the second contramina or outlet, which was to run in some places parallel with the principal one, and in others, above or below it, being intended for the purpose of supplying air and giving a course to the water, they fixed two varas and a quarter for the limit of the height, and a vara and a half for the breadth. 15. All the above considerations however, must have been had in view, when the ordinance fixing the dimensions was framed; and the justices are therefore bound to obey it, and have no authority to dispense with its observance, such a power being reserved to none but the sovereign, or the high authority of the viceroy, upon a view of the circumstances of the case: as for instance, if the adit should pass through unoccupied ground, in which case, there can be no inconvenience in giving it larger dimensions; or if it merely pass through the ground of the parties concerned in the work, supposing them to consent to it; for in these cases, no one is injured by working the ore met with. Bat if it have to pass through the mines of other proprietors, great injury would be done by exceeding the dimensions of width and height * Ord. 2, tit.8. assigned by law, and taking the other party's ore,-it being a rule, that he who would improve his own property, must take care, in doing so, not to injure that of his neighbor ;* and the right of driving an adit, and opening a way through the ground of others, must be understood, like all other rights, to have the limitation annexed, that it operate as little injury as possible to third parties. 16. As a consequence of this rule, then, the adit must proceed in a direct line; although, whenever the ground is found extremely hard, a cross-cut may be driven, to avoid the inconvenience, afterwards resuming the original direction; but there is no right or permission to exceed the limited depth, height or width; for not to mention the injustice of wrongfully taking another person's ore, as by making winzes or working perpendicularly downwards, the thing itself would be contrary to the very end of a general work of drainage, for the water would lodge in the hollows thus made, and both the footway and the water-course would be interrupted and obstructed. 17. In the fifth place, it is to be investigated, what number of hands are required to be kept at work, in adits and contraminas. As there is no ordinance which refers particularly to the number of men required to be employed in such works, it follows, that the number of four persons, required by the 37th ordinance for each mine, will be sufficient. That ordinance directs, that the four persons so set on to work the mine, shall be occupied in raising water or ore, or in some other beneficial work within or without the same; but nothing can be regarded as more beneficial than a work of drainage to clear the lower levels of water. As adits, however, are works of great extent, it is expedient and indeed necessary, to urge them forward by employing a greater number of hands than four, under the arrangement which the miners, or in their default the justice, may have made; for with so small a number as four persons, the work would be extremely tedious, and indeed might never arrive at completion. 18. But a considerable difficulty arises, upon the question whether supposing that there are, as is usually the case, several mining pertenencias in the superficial and external extent of the contramina, it is necessary to sink three estados in each of them, and to set on four persons, at least, to work in each, agreeably to the provisions of the ordinances? This question arose in practice, on the occasions of Don Joseph de Bustamante denouncing the adit for the mines of the Vizcayna vein, of which we have before spoken, and was decided, in the resolutions of the order issued the 1st June, 1739 "I also declare, that for the whole number of mines and veins denounced by the aforesaid Don Joseph (including the Vizcayna vein), throughout the whole length of the adit, and during all the progress of the work, until its final completion, it shall be sufficient to employ the regular number of hands at the end of the adit, so as to keep the work in progress, without its being * L. 1, §. sed et si fossus, ff. de aqua, et au. pluv. arc. necessary to set on hands, separately, in each of the pits contained in the ground denounced, or to sink the depth of three estados required by the ordinance; for the reasons and on the grounds set forth by the petitioner. And for further security, modify the directions of the law in this respect, by virtue of the provision of the ordinance itself, dispensing with the setting on of four persons in each separate mine or pertenencia, if any reasonable obstacle prevent it; particularly if the main object of draining can be attained in any other way, as in this instance, by means of the adit aforesaid." 19. The reasons set forth by Bustamante, the party who had made the denouncement, were grounded on the great expense of working so many pits; and his argument was, that as they would all be restored to a working state by means of the general work of drainage, the period of its accomplishment would be the time to set on hands with advantage, as the pits would then be in a state to be worked with profit. IIence it appears, that it is only during the time of driving the adit, that the setting on four workmen in each mine is dispensed with; the pits being construed to be kept sufficiently at work, so long as the adit is kept worked: but when that is completed, each mine must have a distinct set of workmen. It is to be observed however, that in order to prevent any fraud which might operate injuriously to the public generally, and to provide for the due observance of the ordinances and the security of the tenths and other duties, and likewise to prevent the driving an adit being made a pretence, on the part of the subject, for omitting to denounce, register or work the mines, it was provided, by the same order, that an inspection should be made every four months, to ascertain the progress and state of the work; which was not to be abandoned without just cause, duly established by being submitted to the consideration of the superior government: for since the mine owners are liable to be compelled to drive an adit, it is evident that it cannot be optional with them to desist from proceeding in it at their pleasure. 20. In the sixth place, an adjustment must be made of the sums to be contributed by each of the persons who join in driving the adit; in doing which, regard must be had principally, to any agreement which they may themselves have made, in reference to the situation of their respective mines; and to the conditions under which such agreement may have been entered into. But if there be no such agreement, the estimate must be made by the justice, referring to the opinion of surveyors, and taking into the account, the advantage each mine may derive from the adit, in respect of the drainage and means of access afforded by it, as provided by the 79th ordinance. It might be asked, whether, supposing any party should make default in contributing his proportion, he should lose his interest in the adit? As, however, the ordinance provides that he may be proceeded against for his contribution, it would seem that payment must be demanded and enforced against him; and if it cannot be obtained, the rules may be applied |