tiality, which it has been desired to show towards all subjects, of equal merit, has not been preserved; but on the contrary, it has often happened that when a Miner after much expence and labour, begins at last to reach an abundant and rich ore, he is obliged to turn back, as having entered on the property of another, which latter may have denounced the neighbouring mine, and thus stationed himself with more art than industry. This being one of the greatest and most frequent causes of litigation and dissension among the Miners, and considering that the limits establishsd in the mines of these kingdoms, and by which those of New Spain have been hitherto regulated, are very confined in proportion to the abundance, multitude and richness of the metallic veins which it has pleased the Creator of his great bounty to bestow on those regions, I order and command that in the mines where new veins, or veins unconnected with each other, shall be discovered, the following measures shall in future be observed. SECTION II. On the course and direction of the vein whether of gold, silver, or other metal, I grant to every Miner, without any distinction in favour of the discoverer, whose reward has been already specified, two hundred yards (varas,) called measuring yards (varas de medir) taken on a level, as hitherto understood. SECTION III. To make it what they call a square, that is, making a right angle with the preceding measure, supposing the descent or inclination of the vein to be sufficiently shewn by the opening or shaft of ten yards, the portion shall be measured by the following rule. SECTION IV. Where the vein is perpendicular to the horizon (a case which seldom occurs,) a hundred level yards shall be measured on either side of the vein or divided on both sides, as the Miner may prefer. SECTION V. But where the vein is in an inclined direction, which is the most usual case, its greater or less degree of inclination shall be attended to in the following manner. SECTION VI. If to one yard perpendicular the inclination be from three fingers (dedos) to two palms, (palmos), the same hundred yards shall be allowed for the square (as in the case of the vein being perpendicular.) SECTION VII. If to the said perpendicular yard there be an inclination of 2 palms and 3 fingers, the square shall be of 112 yards 2 2 2 ∞ ∞ ∞ 3 3 3 3 4 9 . 200 So that if to one perpendicular yard there correspond an inclination of four palms, which are equal to a yard, the miner shall be allowed two hundred yards on the square on the declivity of the vein, and so on with the rest. SECTION VIII. And supposing that in the prescribed manner any Miner should reach the perpendicular depth of two hundred yards, without exceeding the limits of his portion, by which he may commonly have much exhausted the vein, and that those veins which have greater inclination than yard for yard, that is to say, of 45 degrees, are either barren or of little extent, it is my sovereign will that although the declivity may be greater than the above mentioned measures, no one shall exceed the square of two hundred level yards; so that the same shall be always the breadth of the said veins extended over the length of the other two hundreds, as declared above. SECTION IX. However, if any Mine-owner suspecting a vein to run in a contrary direction to his own, (which rarely happens), should choose to have some part of his square in a direction opposite to that of his principal vein, it may be granted to him, provided there shall be no injury or prejudice to a third person thereby. SECTION X. With regard to the banks (placeres) beds, (rebosaderos), or any other accidental depositories of silver or gold, I ordain that the portions and measures shall be regulated by the respective Territorial Deputations of Miners, attention being paid to the extent and richness of the place, and to the number of applicants for the same, with distinction and preference only to the discoverers; but the said Deputations must render an exact account thereof to the Royal Tribunal General of Mexico, who will resolve on the measures which they, in their judgment, may consider the most efficacious, in order to avoid all unfair dealing in these matters. SECTION XI. The portions being regulated in the manner described above, the Denouneer shall have his share measured at the time of taking possession of the mine, and he shall erect round his boundaries, stakes or landmarks, such as shall be secure, and easy to be distinguished, and enter into an obligation to keep and observe them forever without being able to change them; though he may allege that his vein varied in course or direction, (which is an unlikely circumstance); but he must content himself with the lot which Providence has decreed him, and enjoy it without disturbing his neighbours: if, however, he should have no neighbours, or if he can, without injury to his neighbours, make an improvement, by altering the stakes and boundaries, it may be permitted him in such case, with the previous intervention, cognizance, and authority, of the Deputation of the District, who shall cite and hear the parties, and determine whether the causes for such encroachment are legitimate. SECTION XII. In the mines already opened and worked, the old measures of the portion shall be retained; but they may be extended to the limits prescribed in these Ordinances, whenever such change can take place without prejudice to third persons. SECTION XIII. The immutability of the stakes or boundaries already defined in Section XI. of this Chapter, shall also be observed henceforward, in those mines which are in a oourse of working, or which shall be denounced as deserted or lost, the limits being ascertained in those cases where there are none at present, and each being attended to in their order, beginning with the oldest; and as to any intermediate spaces, (demasias), they shall be regulated according to the provisions of Section XIII. of Chapter VI. SECTION XIV. As it has been found that the licence or permission of following a vein by working lower down and within the vein, and having enjoyment thereof, until the owner himself has bored it, has been, and is the most fruitful cause of bitter dissensions, litigations, and disturbances among the mine-owners, and further considering that such intrusion is more generally the result of fraud or chance than of the merit and industry of the person so intruding, and that the consequences thereof occasion, for the most part, nothing but serious detriment to, or the total ruin of, the two mines and the two neighbouring Miners, to the great prejudice of the public, and of my Royal treasury, I order and command that no Mine-owner shall enter the property of another, even though merely by continuing his own vein at a greater depth, but that every one shall keep and observe his own boundaries, unless he makes an agreement and stipulation with his neighbour, to be permitted to work in his property. SECTION XV. But if a Mine-owner, pursuing his operations fairly, comes to the property of another while in pursuit of a vein which he is working, or discovers it at that time without the master of the property being aware of its existence, he shall be obliged to give such proprietor immediate notice thereof; and the two neighbours shall thenceforward divide the cost and profits equally between them: one for the merit of the discovery, and the other as owner of the property; all which, until there shall be a communication effected between the mines, either by the principal vein, or a cross lode, or in any manner that may be most convenient; whereupon after erecting a mutual boundary (guarda-raya,) each proprietor shall remain within his own boundaries. But if any one so discovering and following a lode, into the property of his neighbour, fails to give immediate notice thereof to such neighbour, he shall not only lose his right to the half of all the metal, that may be extracted, but also shall pay double the value of what he has already extracted, it being understood, that before exacting this penalty, fraud and misconduct of persons so encroaching must be proved in the plainest and most satisfactory manner, according to the form prescribed in Chapter III. SECTION XVI. And in case a Mine-owner shall have advanced so much in his subterranean operations as to have passed beyond the limits of his own property, whether in length or square measure, I declare that he shall not on this account be obliged to turn back or suspend his work, provided the ground he has entered be unclaimed (terreno virgen) or within the limits of a deserted mine; he must however denounce this new property, which shall be granted him, observing always that such new portion must not exceed its former size, and that he must move his boundary marks to his new limits, in order that they may be generally known. SECTION XVII. The Mine-owner shall not only possess a portion of the principal vein which he denounced, but likewise of all those, which, in any form or manner whatever, are to be found in his property; so that if a vein takes its rise in one property, and, passing on, terminates in another, each proprietor shall enjoy that part of it which passes through his particular limits, and no one shall be entitled to claim entire possession of a vein from having its source in his portion, or on any other pretence whatever. CHAPTER IX. OF WORKING, SUPPORTING, AND PROTECTING THE MINES, SECTION I. It being of the greatest importance that the lives of workmen, and other persons obliged continually to enter and go out of the mines should be endangered, and that the mines should be kept in the state of security and convenience necessary to their being successfully worked, even although they may have been judged useless and impracticable by their first possessors, and abandoned accordingly; and it not being possible to establish any general and absolute rule on the subject on account of the variety of circumstances of each mine, the greater or less hardness, tenacity, and adherence of the sides, (respaldos,) and of the substance of the vein itself; its greater or less inclination, width, and depth, inducing much diversity in the size and number, of the pillars, arches, beams, (testeras), cross-beams (intermedios), and other props, which may be left or constructed to support the sides, and also in the distribution of the works necessary to proper ventilation, and the convenient removal of the substances extracted from the mine; all which cannot be effected without true practical skill and science in the working of mines; I ordain and command as follows. SECTION II. It shall not be permitted to any one to work the mines without the assistance and direction of one of those able and intelligent surveyors, who are called in New Spain, Miners, (mineros) or mine-watchers, (gaurdaminas) who must have been examined, qualified, and approved by the Mining Professor (perito facultativo) appointed to be in every Mine-town or district, of whom mention will be made hereafter, Chap. XVII. Sect. I. However, in the very poor and remote Mine-towns, where there may be neither Mining Professor, nor qualified and approved surveyor, they may be allowed to proceed under the direction of the most accredited and intelligent surveyors who can be found there, until these, or others, shall be examined and licensed: the same being understood in all cases which require the direction or intervention of a surveyor, in order that, in judicial proceedings, they may meet with the confidence and credit they deserve. SECTION III. For the design and execution of shafts (tiros) levels, (contra-minas) or adits, (socabones) and other great and difficult works, which, if they do not turn out successfully, render useless the great expences which have been bestowed upon them, the direction of one or more of the Gaurdaminas, shall |