SECTION VI. That the countermine shall be drawn, as far as it is possible, in a right line, and at the least possible distance from the vein or veins intended to be drained and cleared, or in the line and direction of one of them. SECTION VII. That the necessary openings for the admission of air be constructed, or that a counterlevel (contracañon) be made, or some other means adopted to preserve a free circulation of air for the health and advantage of the work men. SECTION VIII. That its size (the size of the adit) must depend on the judgment of the Mining Professor, which will be regulated by circumstances; but that it shall never exceed two yards (varas) in width, and three in height, and that it be properly secured and lined (ademado). SECTION IX. That if the adventurer, in the progress of his work, meets with one or more new veins, he shall therein enjoy the right of a discoverer, and the reward which is assigned to him as such by these Ordinances; but if they are already known and opened in other places, I grant him the liberty of acquiring one portion in each of them, and if there be not sufficient space remaining for that purpose, he shall have the enjoyment of all that may remain, until he enters upon the property of another. SECTION X. That if the work should pass through any deserted mines, the adventurer shall thereby become master of the same, and may denounce them as soon as he projects the work; it being understood that he should maintain these and his new portions during the progress of his operations as far as lies in his power. But I declare that as soon as his work is concluded, he must have them distinctly portioned out, under pain of losing them, as before enjoined. SECTION XI. And finally, that if the adit should pass through mines already occupied and situated in the direction of the vein, half of the metals thence extracted shall belong to the adventurer, and half to the owner of the property; but the costs are to be all defrayed by the adventurer; and he must not exceed in his adit the dimensions before prescribed, nor may he undertake any other works, unless with the consent of the owner, in which case the expences must be divided between them. But if the adit should pass across the vein, the adventurer may open other works in pursuit of the same, and the metals, as well as the expenses, shall be divided equally between them, until there shall be some communication established with the works of the master of the mines and if the adventurer does not give notice immediately on discovering the metal, he shall not only lose his right to the half thereof, but shall be obliged to make restitution of all he may have already extracted, and to pay double its value; proof of such fraud and malice having been previously made out, according to the form declared by Chapter III. SECTION XII. All things contained in this present Chapter, from the fifth section inclusive, with regard to adventurers, is likewise to be understood, as far as it is capable of being adapted, in cases where Mine-Owners shall be disposed to attempt the clearing of their own mines or those of others, by means of an adit or countermine in common, whether the work is undertaken by all jointly, or by some without the rest, or in company with adventurers, in all of which cases the stipulations which they have made must be punctually observed, provided they do not interfere with the injunctions and objects of these Ordinan ces. SECTION XIII. The owners of mines which require draining, but are in a situation which will not admit of the formation of an adit, must work them by means of a general and continued shaft, which in New Spain is called tiro, and serves by means of machines and engines to draw off the water, and extract the ore and other materials from the mines; and which must be made in such situation, and of such dimensions, and be secured in such manner, as the Mining Professor of the district may determine and direct. And the Territorial Deputations are enjoined to take especial notice concerning this matter in their visits, inflicting and increasing the corresponding penalties, in proportion to the offences which may be proved to have been committed. SECTION XIV. Inasmuch as experience has shewn the general utility of the above-mentioned works, as well as the omission and inattention by which they are sometimes made of a less depth than the other works, in order to avoid the expence of such undertakings, which become much more serious and expensive by the delay; and if the owners have not sufficient capital they are obliged to clear the lower works by interior drains, carrying up the water to the tiro, by means of engines moved by men, with great expence and little effect, and at times with an intolerable waste of human strength, I ordain and command that all owners of mines which require draining, shall be oblig ed to make the base or foundation of the tiro deeper than the lowest works, so that sufficient support may remain for their being worked, and enough room in the tire for the water: the observance of all which must be watch ed with particular care in the visits of the Territorial Deputation, the proper penalties being imposed, as enjoined in the preceding Section. SECTION XV. If any owner of mines requiring drains does not choose to keep them up, contenting himself with working in the upper parts of the mine, which the inundation does not reach; and any person shall denounce the said mine or mines, offering to drain and clear the lower works, immediate information thereof shall be given to the owner, in order that if he be either unwilling or unable to drain them effectually, within the period of four months, they may be adjudged to the denouncer, he giving security for the expences of the drain, according to the taxation of the proper Surveyors, and the satisfaction of the Deputies of the District. SECTION XVI. If the owner of any mine, of which the works are lower than those of the mines belonging to his neighbours, whether from its situation, or from the circumstance of greater progress having been made in the works thereof, should be put to extraordinary expence, by his neighbours not draining such higher mines, or draining them insufficiently, in such manner that the waters from the higher works shall descend upon the lower, I ordain and command, that the owners of the higher mines shall keep up all the draining which they require; or, on failure thereof, shall pay respectively to the owners of the lower mines, in silver or good money, the value of all the damage they may have sustained, estimated by Surveyors, who shall first of all enquire and make all possible experiments to ascertain the real truth and circumstances of the case. SECTION XVII. To all persons who will take upon themselves the expence of draining and cleaning several mines, by making shafts (tiros) in common, or other works, and of constructing and maintaining costly machines (where an adit is not practicable), I grant the ownership of all the desert mines and portions which they shall effectually clear; even though they may be contiguous, and upon one of the same vein; and I command that the Viceroy, at the representation of the Royal Tribunal General of Mexico, shall dispense to them all the customary privileges, exemptions, and aids: but I declare that the owners of occupied mines, deriving benefit in any manner from such works, shall be obliged to contribute to the expenses of the same, only in proportion to the advantage their mines may have received, according to the valuation of Surveyors, with the approbation of the Deputies of the District. CHAPTER XI. OF MINES WORKED BY COMPANIES. SECTION I. INASMUCH as mines are often worked by Miners joined in companies, from the time of the denouncement of such mine, or according to contracts entered into subsequently in various ways, to the great advantage and improvement of the operations in mines, since it is much easier to engage therein when many persons concur, each subscribing a part of his capital, and as where the wealth of one alone is not sufficient for great undertakings, that of an united company may be ample; in such cases, I desire and command that such companies, whether public or private, may be encouraged, promoted, and protected by all convenient measures, my Viceroy granting to those who may form themselves into such companies, every favour, aid, and exemption which can be granted them, according to the judgment and discretion of the Royal Tribunal of Miners, and without detriment to the public or my Royal Treasury. SECTION II. Although by these Ordinances I prohibit any individual Mine-Owners working within the ordinary limits, from denouncing two adjoining mines on the same vein, yet notwithstanding, to those who work in companies, although they be not the discoverers, and without prejudice to the right which they might derive from becoming discoverers, I grant the right of denouncing four new portions, or four deserted mines, even though they should be contiguous, and on the same vein, (rumbo). SECTION III. The accustomed usage in New Spain of dividing a mine into twenty-four imaginary equal parts, commonly called barras, subdividing also each of these into suitable smaller parts, shall continue to be observed, as heretofore, without any alteration. SECTION IV. By consequence, no one of the partners may claim, or have a right to work the part A, or any determinate part of the mine, or any other to work the part B, or place therein fixed number of workmen; but they must work in common, as far as it is possible, and make a division of the expences, by sharing the amount of the same in equal proportions among all the partners, and there shall be the like division of the produce in metals of all kinds and qualities, whether in a rough state, or after they have been wrought, as may have been agreed upon by the parties. SECTION V. In order to avoid the disputes and differences which usually occur in Mining Companies about the direction of the works, applications for supplies, the administration, and other points connected with the operations, I ordain and command that all the measures necessary to be taken shall be determined by plurality of votes, with the intervention of one of the Deputies of the District, who shall always endeavour to preserve harmony among the parties. SECTION VI. The votes shall be valued and counted according to the shares (barras) which each partner shall possess in the mine; so that if one or more shall be owners of one and the same share, they shall have only one vote, and he who holds two shares shall have two votes, and so on for the rest; but if one partner alone possesses twelve or more shares, the owner of such a number of shares shall have a number of votes less by one than half the number of such shares. SECTION VII. In all cases where any dispute may arise, either from an equality in the number of votes, or from any other cause, the Mining Deputy who shall preside at the Junta, or Meeting, shall decide the same as above declared, and I charge the said Deputy to attend always to justice, and the common interest of all the partners. SECTION VIII. If, in the course of operations, a mine should be worked which produces no profit, or which does not repay, either entirely, or in part, the expences which have been bestowed upon it, and any one of the partners does not chuse to contribute his share of the expense, in this case the others shall give notice to the respective Deputation, in order that the day may be noted down, on which he ceased to contribute; and if he persists in this conduct during the continuance of four months, I declare, thereby he forfeits, reckoning from the day on which he ceased to contribute, all his share in the mine, which shall go to increase the portions of those who have contributed their contributions, without any obligation on their part to denounce the same: but if, before the expiration of the four months, he shall contribute his share of the expences, he shall be still a partner, provided he pays all arrears that shall have accrued from the time when he ceased to contribute, to the satisfaction of the parties concerned. SECTION IX. If, while any mine is in a course of profitable working, any partner should refuse to concur in the expenses of the dead works (faenas muertas) (estab |