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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 XXXVI. of Chapter III.

SECTION X.

For the better preservation and security of private roads between villages and mines, between mines and mines, and also between mines and establishments, the provisions of the preceding Section shall be acted upon, even though such works 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.

SECTION XI.

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.

SECTION XII.

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.

SECTION XIII.

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 regu. lations 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.

SECTION XIV.

All dealers in wood and charcoal are strictly prohibited from cutting young shoots for fire-wood or charcoal, and I ordain that plantations of young trees shall be formed, where there are none; particularly in those places where there have been such plantations formerly, as from the consumption and failure of re-production, the two species of wood most necessary in the working of mines and reduction of metals have become scarce; and be it understood, in order to attain this important object the Royal Tribunal of Miners shall draw up particular instructions and directions, which must be observed under certain penalties, to be named therein for that purpose, there being the same necessity for the approval of the Viceroy, and my approbation as in the preceding Section.

SECTION XV.

Wells of salt water and veins of rock-salt, which are frequently met with in some mining districts, may be denounced, the greatest care being used to authenticate such discoveries, and no impediment being thrown in the way thereof by any judge or individual; provided however, that notice thereof, and of such denouncement, be given to the superior Government, in order that they may take account of and determine as to the working, and distribution and price of the salt, so that no injury shall accrue to my Royal Revenue, and that the miners, and more particularly the discoverer and denouncer, may derive the utmost benefit therefrom; observing, however, that the Indians, are by no means to be deprived of the salt works which are conceded to them by law, nor prevented from the use thereof, in the same manner as is now permitted to them.

SECTION XVI.

The judge and deputies of each mine-establishment shall take particular care that in the prices of timber, wood, charcoal, hides, tallow, cordage, salt, magistral, (sulphate of iron) (chalk), ashes, barley, straw, and other things of indispensable necessity in the working of mines, the sellers thereof shall not act with extortion; for which purpose the said judge, acting in concert with the Territorial Deputation, shall fix the prices of the said articles, with due regard to justice and equity, so that neither the seller shall lose the regular profit of his trade, to which he is justly entitled, nor fall into the other extreme of demanding exorbitant prices, which would paralyse the labour of miners, who, generally speaking, are not in flourishing circumstances.

SECTION XVII.

The distribution by retail or parcelling out of quicksilver in small quantities, shall be provided for in the manner directed by my Royal Orders of the 12th of November, 1773, and 5th of October, 1774.

SECTION XVIII.

Whoever shall work mines in a diferent district to that in which he resides, and shall derive considerable advantage from such working, shall be obliged either to build a house in that village which is in the neighbourhood of his mine, or to construct some work of public utility to be estimated by the Deputies of Miners, and shall also be liable to all the charges which are or ought to be paid by the miners of the said district.

SECTION XIX.

No dealer or miner shall, under any pretence, whatsoever, intercept on the roads, the sellers of fruit, grain, or other commodity, even though they pretend that they are buying for their own consumption, and not for the purpose of selling such articles again; but I grant the mine-owners liberty to purchase such articles in other villages, and to conduct them, on their own account, to the mines, and I permit the sellers generally to carry them thither without obstruction.

CHAPTER XIV.

OF THE MILLERS, (MAQUILEROS) PERSONS WHO REDUCE ORES FOR THE MINERS BY AGREEMENT, AND PURCHASERS OF THE METALS.

SECTION I.

CONSIDERING the measures which may best promote the advancement of the mines, as well the increase and support of the mining population, and observing the customs which have hitherto prevailed in New Spain, by which it is permitted to all persons to buy and sell ores, and also to erect establishments for reducing the same, although they may not themselves be the possessors of mines, I will and ordain that both these customs be kept up and encouraged, provided that in so doing, the strictest attention be paid to the enactments of the eleven following Sections.

SECTION II.

All persons are prohibited from purchasing ores, otherwise than in the outer courts of the mines, or in some public place adjoining thereto, within the view, and by the permission of the owner, administrator, or accountant of the mine, from whom such purchaser must receive a ticket, expressing the day on which the metal is purchased, its weight, quality, and price, and whether it be the property of the master, or of any person working or serving in the mine.

SECTION III.

If any miner shall lay information of any of his metal, which has been stolen, being in the possession of a purchaser, and such purchaser, on examination and comparison of the metal, cannot justify himself by the production of such a ticket as is mentioned in the preceding Section, the same shall be considered as having been stolen, without the necessity of farther proof, and shall be restored to the miner; but if the latter by any other means shall clearly prove it to have been stolen, and there shall have been a repetition of the offence, the offending party shall not only restore the stolen property to the miner, but such penalties shall be inflicted on the offender, by the proper judge, as are directed by Section xxix. of Chapter III. of these Ordinances, with attention to the nature and all the circumstances of the offence.

SECTION IV.

No one shall be allowed to purchase from persons working or serving in the mines quicksilver, either fused, or in a crude state, metallic grains, gunpowder, ashes, chalk, or lead, under a penalty to the buyer of paying double the amount thereof on conviction; and to the seller, of being severely punished, according to the nature of the offence, even though no one should come forward expressly to convict him.

SECTION V.

In order that the owners of establishments for reducing the metals may not exorbitantly raise the price thereof, to the prejudice of the miners; and on the other hand, may not fail to realize a fair profit, I ordain and command that the judges of the respective mining districts shall every year, acting in concert with the Territorial Deputations, establish and fix the proper dues to be taken during that year for every quintal of ore, regulating the same according to the price of timber, of iron, and of labour, and of whatever else ought to be considered for the purpose; and shall establish the same by a table of fees, which is to be prepared under the authority of the said judges, and to be affixed to and exhibited in public places, and to be kept in every establishment where metals are reduced in the manner here mentioned, and its provisions to be strictly complied with.

SECTION VI.

The said reducers are on no account to charge the owners of the metals a higher price for quicksilver than is paid for it in the same district by those Mine-owners, who procure it on their own account, and for their own consumption.

SECTION VII.

In the article of salt, magistral, chalk, powder of lead, charcoal, wood, and other ingredients, used in the reduction of metal by quicksilver, or by fire, the said reducers shall not be allowed to take more than twelve per cent. profit on the actual price at which they may be bought at first cost by those who purchase them on their own account, and for their own consumption.

SECTION VIII.

The tickets which are usually given to owners of metal, containing an account of the expences and produce, are not only to express the same generally, but are to particularize the reducing expences, the price of each ingredient, the price of the labour, the consumption of quicksilver, and the produce of gold, etc. and must be signed by the owner and administrator of the establishment, and by the amalgamator or smelter, and in the event of any of the preceding Sections being transgressed, proceedings shall be had by the production of such ticket against the owner or administrator of the establishment, so as to identify the owner of the metal; and if intentional fraud shall be proved against them, they shall pay him three times the value.

SECTION IX.

No reducer of metal shall compel the owner of metals to pay the costs of reduction with the silver or gold so reduced, but only in money; but if there shall have been an agreement to pay in bullion, the same is to be taken at its full value without any premium or reduction; and the same thing is to be observed with respect to the amalgam, (silver and mercury combined), which it may be sometimes necessary to leave at the establishment as a pledge during the continuance of such agreement.

SECTION X.

In order to prevent the frauds and impositions which frequently arise from the uncertainty of the reduction by quicksilver and by fire, sometimes to the injury of the owners of the metal, by taking away part of the silver or gold produced; sometimes to the injury of the reducers, when the metal is not sufficient to pay the costs of its reduction, I order and command, that, until the establishment of a Public Office in the Mining Districts, which ought to be done as soon as possible, for the reduction by way of assay of one or more quintals of metal, for the purpose of ascertaining its intrinsic richness, either the owner of the metal, or of the reducing establishment, when he shall entertain any doubts concerning the results of the reduction, may choose out and have deposited one or more quintals of the metal, to be reduced afterwards for his satisfaction, by surveyors appointed in the usual manner, one on each side, and a third in case of their disagreement.

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