in the aforesaid city, possessing the necessary qualifications for such office, then others, who reside elsewhere, may be chosen at the said triennial election; provided, that under the same circumstances of eligibility, preference shall be given to such as live at the shortest distance, even if they be substitutes for any mining district; and the appeals from all the other Territorial Deputations shall be received, in the manner prescribed, by the respective Courts of Appeal to be erected in each province, and which are to be composed of the principal Provincial Judge appointed by me, and of such two of the four Substitutes of Miners for the mining district as may be nearest to the residence of such Judge respectively, according to the rules already laid down; and if in the same place, or at an equal distance, there shall reside any one or more of the twelve Advisers before mentioned, they shall, by preference, be appointed Co-Judges of Appeal; and wherever the said Judge shall not be of the profession of the law (detrado), the court in which he presides, shall, in all points and matters, where it may be requisite, avail themselves of the assistance of an able and conscientious lawyer.

SECTION XIV.

All such causes of appeal shall be conducted in a short and summary manner, according to the practice in commercial causes, without introducing any new terms or expressions which may give rise to unnecessary delays or proofs, or admitting proceedings and writings of lawyers, or any others, except a statement of the cause of the appellant, and the replies of the other party or parties, with a strict regard to truth, and the customary good faith of commercial transactions; and in like manner the cause shall be decided.

SECTION XV.

All such appeals are to be entered on or before the third day, after the notification of the decree or sentence, and in no other manner, and they may be commenced by a letter from the Appellant, stating, either that he will transmit full power for carrying on the proceedings, or that he will appear in person.

SECTION XVI.

Whenever the Courts of appeal shall confirm the sentence of the Royal Tribunal General of Miners or of the Territorial Deputations in the several causes, no further appeal shall be admitted, and such sentence shall be immediately carried into effect, and for that purpose shall be forthwith sent back to the respective judges.

SECTION XVII.

But in case they, (the Courts of Appeal), should reverse the same, either altogether or in part, and either of the litigant parties should appeal or apply for a new trial, the Judges of Appeal shall appoint in the respective

cases, two other Co-Judges, who, in Mexico, are to be chosen from the four Advisers (Consultores) residing in that capital, in Guadalaxara from the Proprietors of mines residing there, with preference to such as are Advisers, if there be any in that city, and in default of either, they may be chosen from the Proprietors of mines, residing elsewhere, regard being shewn to the considerations expressed in the thirteenth Section of this Chapter; and in all the other Courts of Appeal, the judge may appoint any of the four respective Substitutes, provided, however, that there be no legal objection to any such individuals, and if there should be such objections in respect to all of them, the nomination may fall on any other Proprietors of mines, having the necessary qualifications; observing, however, that where any one or more of the twelve Advisers of the Royal Tribunal General shall reside, they shall be preferred to the Substitutes.

SECTION XVIII.

From the judgment or sentence, to be given in this third instance (whether confirming, reversing, or amending, the former sentence, either altogether or in part), there shall be no further appeal; and the cause shall then be returned to the court to which it belongs, for the fulfilment and final execution, which are also to be proceeded with, in a short and summary manner, as before directed; but I hereby declare, that there shall still remain open to the parties, the legal remedy of a further application to my Royal Person, in my Supreme Council of the Indies, provided it shall appear that the sum in dispute amount to 20,000 dollars or upwards, on finding the security required by law, and without prejudice to the execution of the sentence already pronounced, and after providing further security, that they will submit, to the final decison, whatsoever it may be.

SECTION XIX.

In the decision of the before-mentioned causes of appeal, the sentence shall be determined by two opinions out of the three, whether they be those of the Judge and one of the Co-Judges of the respective Courts of Appeal, or those of the two Co-Judges, without that of the presiding Judge, and in either case the same shall be signed by all three.

SECTION XX.

Causes relating to possession and property, shall be determined jointly (by all the Judges); and in the first place, restitution shall be made to persons who may have been forcibly dispossessed of any property; but this shall not apply to persons who may have been deprived of possession by the decree or sentence of any Judge, even if the same shall be represented to be unjust.

SECTION XXI.

No mine in dispute, shall, for any reasons, or on any account, be shut up,

nor shall its working be suspended, even at the request of the parties; but an Inspector (Interventor)* shall be appointed, with the approbation of the party requiring the same, without, however, removing from the mine any thing belonging to it, yet such Interventor shall be dispensed with on full and sufficient security being given to the satisfaction of the opposite party, and I declare that the working a mine is then only to be suspended when the same shall be represented to be in a ruinous condition. without the necessary support of timber work, and such shall appear to be the fact in the opinion of Surveyors (Peritos), who shall immediately, without loss of time, inspect and proceed to re-establish the said works, and restore them to a good condition, in order that, whenever the working shall be resumed, it may be carried on without danger.

SECTION XXII.

All executive demands shall be proceeded in according to law, as far as respects the order of process, but with a strict regard to truth and good faith, and without letting in any of those delays or subtilties which retard and interrupt the dispatch.

SECTION XXIII.

Whenever it shall be necessary to carry into effect an execution in any mine or reducing establishment (Hacienda de Beneficio), the same shall not be sequestered, nor put up for sale, nor yet the machines, iron-work, or tools, implements, slaves, cattle, buildings, materials, or any of the necessary stores or provisions; but such execution shall only be put in force with regard to the gold and silver ores, and other produce of the mine, after deduct ing what may be necessary to meet the expence of carrying on the reducing of such ores, which is by no means to be interrupted; for which purpose an Interventor shall be appointed, to be approved of by the plaintiff, if the latter does not choose to undertake the management of the mine himself; or by the defendant, in case the plaintiff shall take the same on his own account; and such Interventor is to be immediately withdrawn on the liquidation of the debts; and in either case he shall render weekly accounts of the produce and expences of the mine, to be in due time laid before the Judges in the cause, together with the several receipts, or vouchers, and proper affidavits on such items, which cannot otherwise be verified, for the benefit of whichever party may be entitled thereto, according to the definitive judgment or sentence pronounced in the cause.

SECTION XXIV.

If the defendant shall give up his property, and the same shall comprise

* Inspector is perhaps the nearest English word; but as interventor expresses most correctly the duty of a person who is occasionally to interpose his services, and as we have, in English, the words intervent and intervention, henceforward the word interventor will be used in the translation.

any mine or mines, notice shall be given to his creditor or creditors, to undertake the working thereof on their own account, and not to suffer them to be suspended; and in default of their compliance before the expiration of the time to be fixed by these Ordinances, such mines shall be considered as deserted and abandoned, and shall belong to the first person who may denounce the same, to the exclusion of all former claims.

SECTION XXV.

The wages of the labourers of any mine or reducing establishment taken in exccution, and the salary of the Interventor, shall by no means be placed on the same footing with the other debts, but shall be paid immediately out of the first proceeds, although the whole of such proceeds should not amount

to more.

SECTION XXVI.

In case of the suspension of the working, any one of the creditors shall offer to undertake the same with his own capital, the others having refused to contribute their proportions, such creditor shall have preference, not only in the satisfaction of his new demand, but also with respect to his former claims, even where the same may not have arisen from the supply of such mine or establishment.

SECTION XXVII.

Whenever in causes before other courts, whether relating to judgments concerning inventories, hereditary succession, general partnerships, contests of creditors, or cession of property, any mines and the establishments, or other dependencies belonging to the same, are comprised amongst the other property depending in the cause, I ordain that the Judge of such court shall transmit an official letter, with notice thereof to the respective Court of Miners, whose duty it shall be to take care that the working of such mine or establishment be kept without prejudice to the rights or claims of the party or parties concerned; and the said Court of Miners shall reserve the proceeds thereof for the disposal of the principal Judge in such cause, and shall also, in case of any widows, minors, or absent persons being interested therein, ef fectually protect and support their claims, and thus maintain that firm and reciprocal union, which contribute to the preservation, welfare, and prosperity of the whole body.

SECTION XXVIII.

In causes and suits relating to mines, an extension of the whole term, may be granted, but be it understood, that this utmost term allowed by the law, shall not take place in behalf of certain privileged persons in which cases half of the original term may be granted.

SECTION XXIX.

In all criminal causes, such as the purloining of ore, gold or silver, lead,

tools, and implements, or any other articles belonging to the mines or the reducing establishments, offences committed in the same, whether by one workman against another, or in consequence of any breach of subordination on their part towards the officers or captains set over them; or by the miscon duct of either of these classes towards their masters, the Proprietors of the mines; and finally, in cases of insult, contumelious language, or want of respect towards any of the Courts of Miners, the Royal Tribunal General in Mexico, or the Territorial Deputations, shall take cognizance, each in their respective districts, proceeding in and deciding such causes as are of minor importance, in the most summary manner according to law, and the nature of such offences, with a strict regard to good faith, and in the order already established for civil causes; but in those, which on account of their magnitude and aggravation, require by law the infliction of severe penalties, mutilation, other corporal punishments, the said Courts of Miners shall only exercise the limited jurisdiction of apprehending the criminals, drawing up the processes, and transmitting the same to the Royal Judge of the respective provinces, in order that the latter may, in due time lay them before the criminal chamber of the Real Audiencia of the district for their final decision.

SECTION XXX.

If, in such criminal causes of minor importance as are treated of in the preceding Section, and the jurisdiction of which has been granted to the Courts of Miners, for their cognizance and determination, provided they proceed in and decide the same in the manner directed, any parties shall appeal, they are to be entitled to all the legal remedies to be determined by the Courts of Appeal, in the Manner and form already prescribed with regard to civile auses, observing the order required in cases of this nature.

SECTION XXXI.

Whenever any contentions shall arise between the Tribunal General of Miners, the territorial jurisdictions, and any other courts or tribunals, concerning the extent of their several jurisdictions, I ordain and command, that the Viceroy of New Spain shall decide the same, and that his determination shall be observed and complied with, without any other appeal; and that the Viceroy shall, in such cases, take the opinion of learned and able lawyers not connected with either of the courts between whom such question may have arisen.

SECTION XXXII.

I expressly prohibit the arbitrary application of the pecuniary fines to be imposed by any of the Courts of Miners, in the exercise either of the criminal or civil jurisdiction, granted to them; and I ordain that they shall be applied in equal third parts to my Royal Exchequer, the expences of justice, and to such further objects, as by law directed.