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being made, the portions being measured, and bounded by stakes in the ground, as shall hereafter be explained, possession of them shall be given to the denouncer, without regard to any opposition, which cannot be attended to, unless made within the term before described; however, if during that time any opposition is brought forward, the parties shall have a brief judicial hearing, and the cause be determined accordingly.

SECTION IX.

If the former Minc-owner should appear, in order to oppose the denouncement, when the three public proclamations are over, and when the denouncer has commenced the sixty days allowed for reinstating the pit of ten yards, he shall not be heard as to the possession, but only as to his right in the property; and if he succeeds in establishing this, he must make good the expences incurred by the denouncer, unless the latter is proved to have acted fraudulently, in which case he must lose such expences.

SECTION X.

If the denouncer does not make, or complete, the shaft as prescribed, nor take possession within the sixty days, he loses his right, and any other person has the power of denouncing the mine. If, however, from the ground being entirely broken up, or otherwise difficult and impracticable, or for any other real and serious obstable, he has been unable to complete the same within the said sixty days, he must have recourse to the respective Territorial Deputation, when his difficulties being examined and proved, the period may be prolonged for as long a time as the Deputation may think necessary for the purpose, and no more; no opposition to his claim being admitted after the ordinary term of sixty days.

SECTION XI.

If any one denounce a mine as forfeited, on account of the non-observance of any of these Ordinances, which bear that penalty, such clim shall be allowed to him, provided he can lawfully establish any such cause of forfeit

ure.

SECTION XII.

If the former possessor of the Mine, or any person claiming in right of him, shall declare the having left therein, any exterior or moveable works made at his expense, such as coverings of outer courts (galeras), machines, or other things of this class, and of which the denouncer may usefully avail himself, he shall be paid for them according to the valuation of surveyors.

SECTION XIII.

If any one shall denounce any intermediate space (demasia), in the vicinity of mines already occupied, it can only be granted him in case the owners of the adjoining mines, or any one of them, should not desire it for

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themselves; however, if these persons have not occupied it, or shall not do so within the time which the Deputations of that territory, after considering the circumstances of the case, shall prescribe, it shall be adjudged to the denouncer.

SECTION XIV.

Any one may discover and denounce a vein, not only on common land, but also on the property of any individual, provided he pays for the extent of surface above the same, and the damage which immediately ensues therefrom, according to the valuation of surveyors on both sides, and arbitration in case of disagreement; the same is to be understood with regard to denouncing convenient places for erecting establishments, and also waters for moving the machines employed for the reduction of ores, commonly called reducing establishments, (haciendas), provided in each case, that no more of the water be used, than is necessary for such purposes.

SECTION XV.

If, however, any one denounces a mine or establishment within a town or village, whereby its principal edifices might be injured, or other similar inconvenience might arise, the denouncement shall not be admitted without previous application to the Royal Tribunal General of Mexico, in order that they, after consulting with the Supreme Government, may determine the case with all due prudence and circumspection.

SECTION XVI.

Any one may denounce the ancient site of an establishment, without paying any thing for the same, although there may be found thereon, walls, drains, yard, washing-places, furnaces, chimneys, dwelling house, &c. provided they are totally deficient in roofs, machines, tools, and timber-work; if these latter exist, the former proprietor must have notice sent him to reestablish, sell, or let them, within the space of four months, and on his failing to do so, they shall be granted to the denouncer, on condition of his paying the said proprietor for useful moveables, according to the appraisement and judgment of surveyors.

SECTION XVII.

I prohibit any one (not being the discoverer), from denouncing two contiguous mines upon one and the same vein; but I permit any person to acquire and possess one by denouncement, and another or more, by purchase, gift, inheritance, or other just title. And I further declare, that if any one desires to attempt the re-establishment of several inundated or decayed mines, or other considerable enterprise of this kind, and for this purpose claims the grant of several portions, although they be contiguous and upon the same vein, such claim must be laid before the Royal Tribunal General of Mexico, in order that the circumstances and importance of the undertaking being as

certained, they may acquaint the Viceroy therewith, who on finding therein nothing prejudicial to the body of the Miners, the Public, or my Royal Treasury, shall grant him this and other privileges, exemptions, and aids, on condition that my Royal approbation is previously obtained to all such favours, which cannot be granted by the ordinary authority of the Viceroy.

SECTION XVIII.

Beds of ore (placeres) and all other depositories (criaderos) of gold and silver, on being discovered, shall be registered and denounced in the same manner as mines or veins, the same being understood of all species of metal.

SECTION XIX.

Inasmuch as the waste ground (desechaderos), and earth heaps (terreros), of abandoned mines, are generally the support of the widows and orphans of the working miners, the old men and invalids, and all other distressed persons of that employment, and even of all the inhabitants of the district, when the mines are not in a course of working, I prohibit any individual from denouncing them, in order to appropriate them to himself, unless he at the same time denounces the mines to which they belong.

SECTION XX.

The same prohibition is to be understood with regard to the dross, (escoriales) rubbish, and refuse, (lameros), of those smelting houses and establishments of which nothing is left but the walls; but I order that if they have an owner, notice shall be given to him, and a certain time allowed, in which if he does not avail himself of the vessels (resocas) and other remains, nor the community derive any benefit therefrom, they shall be granted to any person denouncing them.

SECTION XXI.

Though in the regular veins, or in the banks, beds, or other mineral depositories, (rebosaderos) great natural masses of virgin gold and silver may be found, I declare that the owners of the mines are to acquire and possess them, on paying the just duties; and I also declare that only ancient-deposits of money or jewels, of ingots, or grains, and any other fragments, smelted by man, and buried by thieves, or in any other manner from time immemorial, so that the owner thereof is unknown, shall be retained as treasure.

SECTION XXII.

I likewise grant, that in the prescribed form, may be discovered, claimed, registered and denounced, not only mines of gold and silver but also those of precious stones, copper, lead, tin, quicksilver, antimony, zinc, bismuth, rock salt, or other fossils, whether perfect or mixed metals, bitumen or other production of the earth, the denouncers thereof receiving grants of the same, accord

ing to the circumstances: but I declare that although the free discovery and denouncement of the quicksilver mines is permitted, it must be on the express condition of giving an account of them to the Viceroy, and to the subdelegate of the quicksilver mines of Mexico, in order that it may be considered and determined whether the said mine or mines shall be worked at the expence, and for the advantage, of that individual who discovered and denounc ed them, on his punctually delivering all the quicksilver extracted from them into the Royal storehouses, under the terms and prices stipulated; or whether it shall be done on the account of my Royal Treasury, indemnifying the party by some equitable award, having regard to the circumstances of the said discovery and denouncement, the whole of this important subject being regulated according to my sovereign intentions recently declared upon this subject.

CHAPTER VII.

OF THE PERSONS WHO MAY OR NOT DISCOVER, DENOUNCE, AND WORK THE

MINES.

SECTION I.

To all the subjects of my dominions, both in Spain and the Indies, of what. ever rank or condition they may be, I grant the mines of every species of metal under the conditions already stated, or that shall be expressed hereafter but I prohibit foreigners from acquiring or working mines, as their own property, in these, my dominions, unless they be naturalized or tolerated therein by my express Royal license.

SECTION II.

I also prohibit regulars of religious orders, of both sexes, from denouncing, or in any manner acquiring, for themselves, their convents, or communities, any mines whatever; it being understood that the working of the mines shall not devolve upon the secular ecclesiastics, as being contrary to the laws, to the orders of the Mexican Council, and to the sanctity and exercise of their profession; and therefore, in consequence of this prohibition, all such secular ecclesiastics shall be expressly obliged to sell or place in the hands of lay subjects, the mines or establishments for smelting ore, and reducing establishments, which have devolved on them by inheritance or other cause, the same being completed within the term of six months, or within such time as may be considered necessary to ensure a useful result, which is to be fixed by the Viceroy, with a previous intimation to the Royal Tribunal General of the mines, provided that if it is ascertained that, by artifice or fraud, the effects of this article are attempted to be eluded, to the prejudice of the working of such mines and establishments, in which the state is so much interested,

they shall be denounced, and disposed of in the same manner as mines in general.

SECTION III.

Neither shall mines be held by Governors, Intendants Mayors, Chief Judges, nor any other public officers whatever, of the Mine-towns and districts, nor their clerks; but I permit such persons to hold mines, in any territory out of their own jurisdiction.

SECTION IV.

Neither shall Administrators, Stewards, Overseers, Keepers of Tallies,* Workers or Watchers of mines, nor in general any person in the service of Mine-owners, whether of superior or subordinate class, be permitted to regis ter, denounce, or in any other manner, acquire mines within a space of a thousand yards round those of their masters, but I allow them to denounce any mine for their said master, even though not authorised by them to do so, provided the aforesaid masters make good the denouncement in the terms prescribed by Section VIII. of Chapter VI. of these Ordinances.

SECTION V.

No one shall denounce a mine under any circumstances of concealment or fraud for another, nor even publicly, unless he has his power or letter of attorney for that purpose, according to established usage.

SECTION VI.

Neither shall any one denounce a mine for himself alone, if he has previously had partners in the transaction; and I ordain that the denouncer shall declare his partners in his written statement, under penalty, if he fail so to do, of losing his share thereof.

CHAPTER VIII.

OF PROPERTIES, AND INTERMEDIATE SPACES BETWEEN PROPERTIES BELONGING TO LITHER; AND OF THE MEASURES, HENCEFORWARD TO BE USED IN THE MINES.

SECTION I.

EXPERIENCE having shown that the equality of the mine-measures established on the surface cannot be maintained under ground, where in fact the mines are chiefly valuable, it being certain that the greater or less inclination of the vein upon the plain of the horizon, must render the respective properties in the mines greater or smaller, so that the true and effective impar

* See this word explained in Chapter XII. Sect. VII. post.

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