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eral superintendency; it being their appropriate duty with care and watchfulness to see that every one performs the obligation imposed, and punishing severely every one who fails to fulfil it; that the aforesaid commissioner and his substitute, or the person who shall be hereafter superintendent of said mine, shall in all respects be subject to the general superintendency, giving an account of whatever may occur and be worthy of being brought to their notice; not hereby conferring more jurisdiction in relation to the government of the mines and the controversies connected with the management and business of the same and its work-shops, and all matters which may incidentally arise, than belongs to the general superintendency aforesaid: in such manner that only their orders and not any others which may be issued by other tribunals not sanctioned by the general superintendency aforesaid shall be complied with being however, obliged to observe punctually the orders which are communicated by my royal person; that the jurisdiction of the superintendent of the mine in virtue of the royal letter issued in the year 1685, includes waggoners, carts and oxen, reduced to service and which are usefully employed in the mine, having first, in relation to the security and licence, complied with the formalities prescribed by the royal orders that consequently they are the sole judges for the cognizance of the excesses which the waggoners bound in the manner aforesaid commit in the pasturing of their cattle and in the cutting of timber for farming utensils and every thing relating to it, and to the service of the mine, as well in relation to civil as to criminal matters. That it is also their duty as judges, to preserve and defend the aforesaid waggoners from every grievance, injury or violence which is in opposition to their privilege of pasturage, and of cutting timber for their waggons or other privilege pertaining to their jurisdiction, to which they may be subjected; that the said superintendent of the mine is and shall hereafter be the judge and conservator exclusively of the forests and commcns appropriated, and which shall be appropriated for the service and benefit of the aforesaid mine and its works, and shall have exclusive cognizance of all causes and denouncements in relation to the destruction of trees, cutting of timber, acts of incendiaries and all other acts and things besides, which may be prejudicial to the mine: that no other tribunal except that of the general superintendency shall hold cognizance in the way of appeal or any other legal proceeding from the determination of the superintendent aforesaid as in relation to them all in this particular, I expressly prohibit it; that the orders which the superintendent in the exercise of his jurisdiction, which is territorial and extensive within the prescribed limits, for the execution of sentences, for the exaction of penalties and the imprisonment of culprits being committed to the sub-delegate, guarda major, or other person other than the justices, shall be observed by them; and they are bound to render corresponding aid to the sub delegate or special commissioner to carry them into effect, without interposing any embarrassment, under the responsibility for all the damage

and injury arising from their default, in the fining and punishing of the of fenders that those employed with a fixed salary, or who constantly labor in said mine are and shall be free in their persons and cavalry horses from lia. bility to military service and other assessments, and are not bound to contribute to them, nor are they subject to be drafted or enlisted in time of war, nor to pay money to supply others as their substitutes, nor are they liable to be coerced by the justices but are exempt from assessment for personal tax and services, from tribute, (moneda forera) (a), to the king, and money collected by the bull of the pope, nor are they bound against their will to accept and discharge the duties of those offices and other similar servile offices, being also exempt from the liability of giving quarters to soldiers, men at arms, or other military persons; and finally, that in the above named superintendent or commissioner is reposed the authority of correcting and restraining any of our vassals whatsoever who disturb or in any manner impede the proper working of the mine, as it is also their duty watchfully to secure the observance of the privileges and exemption; and if one or more wish or intend to innovate in this matter, and occasion vexation to any sup plier engaged in the service of the said mines and works, or shall collect from him under the form of personal tax or other duty a few maravedis paid on account of the annoyance and expense of resisting, the superintendent shall proceed against them, and in case of resistance shall require restitution to be made, fixing the amount: which declarations as now arranged, and which first appeared in the royal ordinances of the year 1735, issued for the government and direction of the royal mines of Almaden, and communicated to all the tribunals of the kingdom, for their punctual observance. I will, shall form the rule and guide in that of Collado de la Plata, in order that those doubts and difficulties may come to an end, which only occasion disagreements between different jurisdictions: and in order that in relation to the exemption from town charges granted to the persons under salary and the regular labourers, frauds may not be committed, the sub-delegates for the time being shall make out a register, and shall transmit to the alcaldes of the rural towns, a statement of the inhabitants in each who are embraced in the list of labourers: and it is also my royal will that as well the Corrigidor as the deputy superintendent continue within their appropriate limits, and that with entire harmony they may mutually aid in the highest degree in all matters which belong to their respective jurisdictions the royal service and the faithful administration of justice, for otherwise I shall adopt such serious measures as each may deserve.

(a) A tribute payable to the king every seven years.

EXTRACTS

From the "Recopilacion de Leyes de Los Reynos de las Indias.”

BOOK IV.-TITLE XIX.

Concerning the discovery and working of Mines.

LAW 1st.-Permitting all Spaniards and Indians, vassals of the Crown, to discover and work mines.

The Emperor Don Charles I. Grenada, December 9, 1526.-Don Philip II. Madrid, 19th June,

1568.

It is our will and pleasure, that all persons, of whatever state, condition, rank or dignity, Spaniards or Indians, who are our vassals, may search for gold, silver, quicksilver, or other metals, either personally or by their servants or slaves, in all mines which they may discover or wherever they may choose, and peaceably hold and take possession, and work them freely, without any obstacle of any kind whatever, giving an account to the Governor and the fiscal officers in accordance with the provisions of the following law, so that the mines of gold, silver, and other metals may be common to all persons, and in all places and districts; provided, that no injury results to the Indians nor any third person, and that this permission is not to extend to the ministers, Governors, Corregidors, Alcaldes Mayores, and their substitutes, attor nies, alcaldes and mining notaries, nor to those who have been specially prohibited; and concerning the selection and occupation of the mines, and the marking out the same, they shall conform to the laws and ordinances which have been adopted in each province, and which have been confirmed by us.

LAW 2d. That the discoverers of mines make oath to render an account of the gold, and first obtain a licence to discover such mines, and the beds of pearl oysters.

We order that miners and all others who may have found gold in mines, streams or ravines, or in any other place, whatever shall appear before the Governor and royal officers, and swear that that they will account for the same and make a personal declaration thereof at the foundry, and the discoverers of mines and pearl beds shall obtain a license from the Governor who shall hold a special consultation on the subject with the royal officers, and they shall then agree upon what may be advisable for the proper collection of the duty.

LAW 3d.-Concerning what is promised to the discover of a mine—that two parts shall be paid by the royal treasury and the other by those interested.

Whenever it may so happen that money or other reward be promised to the miners who may discover mines of gold, silver, quicksilver, or other me tals, there shall be paid by the royal treasury only two thirds of the amoun promised, and the other part shall be paid by those persons who extract the metal.

LAW 4th. To secure the discovery of Quicksilver mines.

Don Philip 3d. at Madrid, 19th January, 1609.

We charge and command the viceroys, chancellors, and governors that they shall use all diligence in procuring the discovery and working of the mines of quicksilver, concerning which information has been received from some parts of the Indies, and bestow upon those who shall discover and work them such advantages as may seem to them and may be just-announcing to them they will not have any allotment of Indians for their work.

LAW 5th.-That the mining ordinances be observed, and that which provides that servants shall register in the names of their masters those mines which they discover.

Don Philip 4th, 7th June, 1630.

We order and command that the ordinances and particular laws in relation to mines be obeyed, observed and executed, and in the execution of them that that law be observed which ordains that servants shall register as their masters, the mines which they discover and not in their own names.

LAW 6th. That the ordinances in relation to the denouncing of mines be observed and the time limited not be extended.

The decline in some of the mining districts results from the non-observance of our royal ordinances ;-especially in relation to those mines which have been deserted and abandoned; thence it results that after a period of four months without their being worked, any person may denounce them before the ordinary tribunals as abandoned, and that the requisite proceedings for a new grant of the mines being had, a decree is made in favor of the person denouncing, allowing him to work them as their real owner under the conditions which are prescrib. ed, that the mines shall not remain unworked and that he should discover new veins and because orders having been given by some of our royal tribunals that the mining ordinances made for this purpose shall be observed and executed, the miners and those interested in the mines which have been abandoned have recourse to the viceroys or presidents, asking an order in their favor that for a certain period of time mines shall not be denounced as

abandoned and consequently they continue deserted, and the ordinances cease to be executed. We command the viceroys, presidents and judges of our tribunals, that they observe and comply precisely and in every particular with the ordinances aforesaid which is fit and proper and our will, and that they shall not extend the prescribed period of time.

LAW 7th. That there shall not be wasted at the mines, the slag-heap, the rock removed from the sides and roof of the vein, the earthy matter taken from the vats in the amalgamation works, and the washings and sweepings,

Don Philip 3d. at S. Lorenzo, Nov. 14th. 1603.

The rock removed from the sides and roof of the vein, the slag which remains after the assay and melting of the metals, the earthy matter taken from the vats in the amalgamation works, and the washings and sweepings which remain after the results to the proprietors arising from the mode of working in common use, shall be preserved and collected-so that they may be at hand for the public good, the advantage of the proprietors and the increased supply of our royal treasury.

LAW 8th. That the mining districts be furnished with provision, and that no monopoly be allowed.

Don Philip 2d at Madrid, 5th March, 1571.—Toledo, 11th August, 1596.

We command the viceroys and judges that they make abundant provision of the necessary supplies for the towns and mining districts, and that the na tive Indians transport and furnish them in their districts at fair and moderate prices and that they shall require and oblige the muleteers to transport them, paying the freight, and that they do not consent to any monopoly of provisions.

LAW 9th. That the mines and working of them receive careful attention.

Don Philip 3d at Aranda, 14th August, 1610.-See Law 1. Tit. 11. Lib. 8. Inasmuch as the discovery, occupation, and working of the mines adds so much to the prosperity and increase of these kingdoms, and those of the Indies; We charge and command the Viceroys, Presidents, Governors and Alcaldes Mayores, that they bestow very particular attention in observing and having observed the orders which have been given and may be given in relation to the personal services of the Indians in those cases where by the laws of this book, it is permitted.

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