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Deputations shall cause such workmen as are in a vagabond state, and not attached to any establishment, to be alternately employed in each of these classes of mines, so that they may enjoy the benefit of being employed in those which are in a course of profitable working, and not deprive the others altogether of their service ; with the same view, it is my sovereign will that no workman going from one mine into another, shall be admitted by the proprietor of such other without producing a certificate of good behaviour from the master he has left, or his administrator; otherwise such mine proprietor so admitting him, as well as the workman himself, shall be punished in proportion to the evil intention with which they appear to have acted; the observance of all which things shall be strictly attended to by the Territorial Deputations, as pertaining to their jurisdiction.
Workmen who, having contracted debts while working in any mine, shall engage themselves to work in another, may be compelled to return to the former, with a view to the discharge of such debt by their labour therein, according to the fourth Section of this chapter, unless the creditor shall consent to accept security for his debt from the proprietor of such other mine.
In cases of thefts committed by the workmen of mines on the establishments, whether of metallic ores, tools, gunpowder, or quicksilver, punishments shall be inflicted according to the nature and circumstance of the offence, and the repetition of the same; imposing whatsoever is by law established, and measuring the punishment due to the offences of the Indians by the damage sustained, and the malice evinced ; the respective judges in the cognizance df such causes, regulating themselves by the rules laid down and declared by Chapter III. of these Ordinances.
Workmen who, for slight offences, debts, or other causes, are imprisoned according to custom, and remain there a long time to their own destruction, and to the distress of their families, may be removed from prison, and placed to work, provided that in the mine or establishment where they are employed, there may be the means of securing them during the intervals of their labour to the end that, after setting apart a proportion of their gains for their own support, and that of their families, the rest may be applied to the discharge of their debts, the confirmation of their marriages, the payment of pecuniary penalties, and the satisfaction of parties whom they may have aggrieved, and of all this the proprietor or administrator of the mine or establishment must keep a clear and distinct account.
SECTION XXI. If any barretero, or other workman, or person serving in the mines, shall work improperly, leaving any metal adhering to the surface of the mine, or in any other manner maliciously concealing metal, he shall be punished in the manner prescribed by Section xix. of this present Chapter.
OF THE SUPPLY OF WATER AND PROVISIONS TO THE MINES.
The supply of water for drinking being an object of the greatest importance in mining districts, I ordain and command that its introduction thereto, the preservation of its source, and the good condition and cleanliness of the conduit pipes be particularly attended to, and that no water be used that is impregnated with mineral particles.
I prohibit most rigorously the emptying of any water from the mine drains, and from the washing places of the works and smelting-houses, into the streams or aqueducts by which the population is supplied; and I command that the said water be carried off by canals or otherwise.
I desire and command that in the immediate neighbourhood of mining districts, there may be a sufficient number of grazing places and watering places for the cattle which work the machinery, necessary to the reduction of the metal from the oro, or which are employed in the transportation thereof, or who shall be paid for the same, if their possession be lawful, according to the valuation of a surveyor appointed on each side, and of a third in case of disagreement; with the express understanding, however, that such sales shall only happen in cases of lands which can lawfully be granted, and to the extent which may be necessary for the above-mentioned purpose, and, as to any excess over and above, that shall only take place with the free consent of the owner of such lands.
All persons are permitted to go with and drive the said cattle through all common and public lands, meadows, or pastures belonging to other mining districts, or through places not possessing any mines, without paying any thing on that account, although their masters may not reside in such district; and they shall enjoy the like exemption from such payments on lands belonging to individuals where it is not the custom for other passengers or mule drivers to pay; but where it is the custom for others to pay, then they also shall pay what is usual and just; and I declare that persons going about to search for mines shall be allowed to have one beast to ride on, and one to carry their luggage, without paying any thing for their pasture, either on public or private property, and whether it be customary or not to pay for the same; but, in order that this privilege may not be abused, any excess shall be watched with the greatest care, and if such be committed, to the prejudice of a third person, application shall be made to the respective Royal Court, for die proper remedy.
In order to restrain any extraordinary rise in the price of provisions and clothing in the mining districts, when they are in a flourishing state, and that the same may be equitably regulated according to the circumstances which ought to influence it, the Territorial Deputations shall make proper representations thereupon to the Courts of the District, according to what is laid down in Section xxxv. of Chapter III. of these Ordinances; and also for the restraining and punishment of monopolies, extortions, usuries, and all unfair or fraudulent contracts or practices whatsoever.
SECTION VI. All persons shall be at liberty to carry to the mines maize, wheat, barley, and other provisions and necessaries, such as charcoal, wood, tallow, hides, &c.; more especially when they have been sent for them by the miners themselves; and for this purpose I grant them permission to bring such provisions from all cities, • towns, villages, and establishments whatsoever, even if situated in other districts, provinces, or governments, provided there be just cause for so doing; and therefore I command all governors and magistrates of the different places not to obstruct them in so doing, nor to allow the price of such articles to be improperly raised, but rather to assist and favour them, in order that the mines and the persons employed in them, may be always sufficiently provided with what is necessary.
Without prejudice to the jurisdiction and cognizance granted to the Royal Courts by Section xxx. of Chapter III. of these Ordinances, the Territorial Deputations are to be allowed frequently to visit and inspect the fountains and sources which supply the waters for putting the machinery of the mines in motion, in order that they may be able to make representations thereupon to the said Courts as occasion may require, and in order that all persons may be prevented from cutting down any of the woods in tne neighbourhood which serve to protect them, or clearing them away for tillage, or otherwise reducing them; as also from making any hollows in the neighbourhood lower than the waters, or doing any other thing by which they may be drained off, or diminished ; but on the contrary that they may be cleansed and purified with all the precautions of scientific practice.
SECTION vm. The said Deputations shall likewise take care that the rivers and streams preserve their ancient courses and beds, representing to the Rojal Courts in proper time, and before the said evils shall have become irremediable, the impediments which have occurred, either from the current leaving islands, or banks which change the direction of the stream, or from the overflowing of the banks, or from other causes, which'might be remedied by proper diligence in many cases; and, to the end that the provisions of this and the preceding Section may be carried into effect, the Deputies and the Surveyor of each mining district shall twice in every year visit the fountains and springs, within their boundaries, once just before the rains, and once immediately after, carefully examining them, and if they find that they require any cleansing, repairing, alteration, or amendment, in order to preserve their proper channel and direction, they shall make representation thereof to the Royal Courts, who shall, with the intervention of the said Deputies and Surveyor, order the same to be repaired at the expence of the owners of the estates and others interested in such waters; and in case of there being no such interested persons, or their contributions not being sufficient, the said Deputies shall appoint such arbitrators as they shall consider competent and impartial, who are to determine according to the provisions of Section xxxvi. of Chapter III. of these Ordinances, whether or no such repairs shall be undertaken at the public expence.
To the end that the high roads and private ways necessary for the inter, course of villages in the neighbourhood of mines, with the rest of the district on which they depend for supplies, may be kept in as good and secure a condition as possible, considering, that generally those in the immediate neighbourhood of the mine districts are much broken up, difficult, and dangerous, particularly during the rainy season, I ordain and command that the Territorial Deputations shall promote this important object by all the means in their power, before the respective lloyal Courts, by carrying the same into effect, either at the expence of the owners of mines or establishments, or by imposing a toll upon passengers and mule drivers, if this be agreeable to the practice of such place, or in any other manner, provided only, that the Court be guided in this respect by the provisions of the said Section xxxv.1. of Chapter III.
For the better preservation and security of private roads between villages and nines, between mines and mines, and also between mines and establishments, the provisions of the preceding Section shall be acted upon, even though such woiks ought in the particular case to have been effected by the owners of the respective mines or establishments; moreover, the Territorial Deputations are enjoined to visit the said roads frequently, with the utmost attention and care, inasmuch as the said roads and ways, being in general narrow and broken, are rendered still more dangerous by the constant traffic, carelessness, and negligence of those who frequent them.
As to rivers, streams, and currents, which it is necessary to pass over, in order to go to or from the mining districts, there shall be built substantial bridges of stone and lime-work, or at least of timber, on solid foundations of stone and cement, which are more proper for such rivers, as those which run between high grounds, at no great distance from each other, are generally deep and rapid, rather than of great width; for the necessity of their construction, the amount of their expence, and the ascertaining of the parties upon whom such expence is to be levied, proceedings are to be had according to Section xxxv. and xxxvi. of Chapter III. of these Ordinances.
The mountains and woods in the neighbourhood of mines, are to be used for the purpose of providing them with timber for their machinery, and with wood and charcoal for the reduction of the ores, and the same is to be understood with regard to those which are private property, provided a fair price be paid to the owners; and I hereby prohibit all persons from exporting or removing their timber, wood, or charcoal from their respective districts, to others which might be more properly supplied elsewhere.
The cutters and carriers of wood shall not cut at any other time nor deliver in any other manner than shall be prescribed by the particular regulations which are to be drawn up by the Royal Tribunal General of Miners, by which they are to be regulated, provided that these regulations shall in the first instance be approved by the Viceroy, and authorized by my Royal approbation.