LAW 10th. That the Viceroys and Presidents shall have cognizance in their executive capacity when it is expedient that execution should be issued against the machines for working metals.-And the royal officers shall have judicial cognizance with an appeal to the audiencies.

Idem. at Pardo, 22d Nov. 1609,

Having experienced many inconveniences from the renting of the mills for working the metals, from the practice introduced by which miners became indebted to our royal treasury, and officers of the crown, in coercing the payment, are under the necessity of seizing the mills to secure the collection of the debt we declare, that when the day of payment arrives on which our treasury, shall collect debs due, it belongs to the Governor and the officers of justice to determine as to the expediency or inexpediency of issuing an execution against the mills belonging to the miners. And we order that the royal officers before making their attachments, and making contracts for lease, communicate with the viceroy or presiding governor of the audiency of the district, and proceed in no other manner, and that the viceroy or presiḍent declare what course shall be pursued as an administrative matter, and in case the result shall be that execution shall issue and seizure and coercion of payment against the mills, if petition is presented or defence made, which is plainly of a judicial character, no recourse can be had by appeal either to the viceroy or president, for being a judicial matter, it pertains to the audiency.

LAW 11th.-That Copper in the mines in Cuba be worked and remitted in conformity with the law.

Philip 3d, Madrid, 22d December, 1608.-Philip 4th, 12th February, 1622.

We command that the persons who have the charge by commission from us, agency, contract or in any other manner, of the copper mines of the Island of Cuba, that they cause them to be worked with much care, in such manner that the minerals may become ductile and maleable by roasting and proper refining, and not in so hard and dry a state as that in which it has been heretofore sent, in order that the foundries of Artillery may be more fitly supplied, and that it be sent to Havana consigned to our royal officers, in order that it may be sent to these kingdoms in the galleons, flag ships and ships of the line belonging to the navy, registered and directed to the "Casa de contratacion," all to be duly accounted for to us by the council of war of the Indies.

LAW 12th.-That no one except the owner of mines can sell the metals.

No Spaniard or Mestizo except the owner, shall be permitted to sell or

shall sell any kinds of metals under penalty of forfeiting for the first offence one hundred dollars to be paid into our treasury; for the second, two hundred dollars, and for a third offence that he be banished forever from the mines and from a space of ten leagues around them, and the person buying the metals shall incur the same penalty.

LAW 13th.-That Spaniards, Mestizos, free negroes and Mulattoes be persuaded to work in the mines.

We order and command, that in order to secure the occupation and working of the mines, idle Spaniards who are able to work, Mestizos, free negroes, and mulattoes shall be required to hire themselves out and work in them and that the audiences and corregidors give special attention to this matter and that no idle people be permitted in the land.

LAW 14th. That Indians equally with Spaniards, may hold and work mines of gold and silver.

Emperor Charles and Princess G., at Madrid, 17th Dec. 1551.-Philip 2d., 15th April 1563 16th March 1575.

We command that, in relation to the Indians, no restriction be imposed on their discovering, holding and occupying mines of gold and silver or other metals, or working them in the same manner as is done by Spaniards, in conformity with the ordinances of each province, and may extract these metals for their own profit and for the payment of their personal tax. And no Spaniard or Cacique shall have part or control in the mines which the Indians shall have discovered, held and worked.

LAW 15th. That to Indians who shall discover mines, there shall be secured the privileges which are specified, and that Spaniards and Mestizos shall be rewarded.

Philip 4th., at Madrid, 28th March, 1633.-Don Carlos 2d., Regina G.

We ordain and recommend to the Viceroys, Presidents and Governors, that they exercise particular care and diligence in inquiring and ascertaining if in their districts, there are any mines of gold and silver and other metals to be found of which the Indians have or can obtain knowledge, and with sagacity and good counsel they compel to appear the most intelligent Indians, in order that these may communicate what they know by themselves or others of greater skill and understanding, as to the places and positions where it is supposed that there exist hidden mines which the Indians conceal, fearing to be employed in an industry really resulting in their benefit, being naturally inclined to idleness: and in our name assure them that for their care and trouble, if successful there shall be granted to them and henceforth is granted, many rewards and exemptions, and especially that they shall not be bound

out to work in any mines, and that neither they nor their descendants forever be obliged to pay any personal tax: and if Spaniards or Mestizos they shall receive an appropriate reward.

LAW 16th. That as to the marking out by stakes of the mines, the same course to be taken, in relation to the Indians, as Spaniards.

In some provinces of the Indies the practice has been introduced that if a number of Indians discover a vein, one only is selected who may apply for the staking out of the part which he selects to himself as the owner: wherefore and because we desire that the Indians shall have and enjoy all the benefit and profit to which they may be entitled on account of their diligence and industry: we command that in relation to the staking out of the mines which they may have discovered, they shall be treated in the same manner as Spaniards, with no difference whatever.

That the viceroy shall cause to be observed in the Indies, the laws of these kingdoms of Castile touching mines which are appropriate, and shall forward a statement of such as are necessary.-Law 3, Tit. 1, book 1.

That free negroes and mulattoes shall work in the mines, and may be condemned to such labour as a punishment for crimes committed by them.— Law 4, Tit. 5, book 7.

TITLE XX.

Concerning Miners and workers in Quicksilver, and their privileges.

LAW 1st.-That Miners shall be favoured, and that the articles employed in mining shall be exempt from execution.

We order the Viceroys, Presidents, Governors, Alcaldes, Mayores, of the mines, Judges in our Indies, to favour the miners and workers in Quicksilver, and that they observe and cause to be observed the grants of privileges made by the kings our predecessors, and by ourselves as having the force of law, and especially that for no debts of whatever nature they may be, except debts due to us, may or shall be any execution issued against the slaves, tools, and necessaries of life and other things which may be required for the supplies, labour and provision of the mines, and the persons who may work in them, and we order that the executions which in confor mity to law may be issued, shall be for the gold or silver which may be extracted and received from the mines from which creditors shall be paid in

their order and grade in such manner as not to prevent or hinder the discovery, use and working of the mines, and may be satisfactory to the creditor.

LAW 2d. That miners who may be imprisoned for debts shall be imprisoned within the district and jurisdiction of the mines.

It is important that the miners and workers in quicksilver should be favoured, and relieved in every possible way in order that the working of the mines be not stopped or suspended; and in order that from their absence no inconvenience may result, we think proper that persons imprisoned for debt of whatever kind, be imprisoned in the district and jurisdiction of the mines where they work, and that they be not removed from them.

LAW 3d. That the miners and workers in quicksilver of Potosi be not detained in Lima for the debts of the royal Treasury, having given security in that city.

Philip 4th, at Madrid 9th Oct. 1635.

It is our will that when any miners and workers in quicksilver from the imperial city of Potosi, who are debtors to some extent to our royal treasury, and about to go to the city of the kings, and shall give security to present themselves within the period in which they are notified to appear before the royal officers of said Imperial city, they shall not on that account be detained or arrested, nor for any other civil cause, any decrees or ordinances to the contrary notwithstanding.

LAW 4th.-That miners shall be provided with the materials which are necessary, at fair prices.

Philip 3d., at Valladolid, 16th Nov, 1602.

In order to promote the good of the miners we direct the Viceroys and Governors to favor them and to cause them to be supplied with corn from our public stores, and all other articles besides which may be necessary for the supplies for working the mines and the reduction of the metals at fair. prices, prohibiting the excessive charges which have been made.

LAW 5th-That the suits of the miners be quickly disposed of in the audiencies.

We charge and command our royal audiencies that they summarily dispatch and cause to be dispatched, the causes, suits, and business of the miners and workers in quicksilver which are pending before them, that they may not be perplexed by suits nor subjected to long delays, to the damage and prejudice of the supplying of the mines and of their property.

LAW 6th.-That the miners of the Philipine Islands enjoy the privilege hereby granted.

Philip 4th., at Madrid, 16th April, 1635.

Whereas in the province of Cama Vines, of the Philipine Islands distant from the city of Monilla more than sixty leagues, there have been discovered mines of gold, the specimens of which are very rich, running from north to south nine leagues which have been tested by washing and quicksilver, and there have been discoveries of other mines and a commencement made by different persons in the occupation and working of them; it is our pleasure that the miners of the said Islands shall enjoy all the privileges which are conferred and established by the laws and ordinances. And we command the Governors and Captain General that they take special care that they be observed and that the mines be occupied and worked in such manner as may best promote our interest, the increase of our royal treasury, and the good of our vassals.

Law 7th.— That miners and workers of quicksilver of Potosi may be chosen corregidors, and to other public offices.

Notwithstanding the provisions of the 17th and 43d laws, title 2, book 3d, we permit miners and workers in quicksilver of the imperial city of Potosi to be appointed corregidors and to other public and municipal offices, although they may be debtors to some extent to our royal treasury on account of quicksilver which may have been loaned to them or any other debt not connected with the office for which they are candidates or which they hold, and the exercise of which gives no jurisdiction in the matter in which they are debtors and we grant to them if they have been admitted as councilmen that they may vote in the election of public officers, except when one desires to vote in virtue of an office which he may have purchased and not paid for, and the period shall have passed in which the price or any portion of it have become due and is unpaid.

TITLE XXI.

Concerning the Alcaldes Mayores, and Notaries of the Mines. LAW 1st. That the “alcaldes mayores" of the mines shall possess the endowment and qualifications herein referred to, and shall not trade or make

contracts.

Inasmuch as it is very desirable that the "alcaldes mayores" of the mines be capable persons and skilled in the working of the mines, and possess those