SECTION IX. The factor shall receive all silver which is remitted by Mine-owners contracting for their supplies with the bank, and shall exchange it for coined money at the mint in Mexico, paying in the first instance into the principal treasury all duties on the metals which may not have been paid in the provincial treasuries; with this understanding, however, that, before it is remitted to Mexico, the said mine-owners shall make declaration at the treasuries, or marking offices, in their respective districts, of the quantity of silver intended to be remitted without paying the duties on metals, and shall take out the proper permits for its removal, under an obligation to make a return afterwards to the said treasuries, shewing that the said duties have been paid, so that all frauds may be avoided, and the necessary quicksilver properly puri. fied, under the penalty of confiscation of all that shall be sent in any other manner, and of incurring the punishments imposed by law upon defrauders of my Royal rights; and the officers in the districts shall give notice to those in Mexico, in order that the latter may take care that the provisions of this present Section be complied with.

SECTION X. The said factor shall pay the interest (réditos) on the capital received at the bank, the salaries of persons employed, and all other sums'whatsoever, upon warrants from the Royal Tribunal, by means of which, and the corresponding receipts, he shall make out and justify his accounts ; but for the purpose of remitting supplies, whether in money or in effects, to persons with whom an account current is kept, no particular warrants shall be necessary, but it shall be sufficient for him to act under the general orders of the said Tribunal, given conformable to Section viii. of this present Chapter, as to whatsoever shall be at his disposal, according to Section VI. of the same.

SECTION XI. It shall be the duty of the factor to buy the goods and merchandize neces. sary for the supplies of the mines, according to the best of his judgment, and agreeable to the orders of the Royal Tribunal, entering them in a separate book, and preserving the invoices.

SECTION XII. All goods delivered on account of the bank in the way of supplies to Mineowners, must be of the best quality; and when in Mexico, at the current prices of Mexico; and when in mining districts, at the current prices in those districts, if the bank shall have a warehouse or magazine in the same, or the goods be carried thither on account of the bank.

SECTION XIII. To qualify all proposals or demands relating to the supply of mines, the Royal Tribunal shall require the owners to produce their titles of property and possession, and such certificates, informations, and further proofs, as may be necessary to establish whatever they may have asserted concerning the actual state and condition of the mine ; in order that, after the papers have been properly examined by the assessor, the required credit may be given, if the proposals appear to be fair and well founded ; in which cases the Royal Tribunal is to make all necessary enquiries, both officially and secretly, with the greatest prudence and circumspection ; taking, or causing to be taken, such measures, judicial or extra-judicial, as shall appear to them necessary for regulating their conduct with regard to such supplies ; and all these documents are to be kept in their archives.

SECTION XIV. During the time that the funds of the bank shall be sufficient to furnish all the mines for which there shall appear to be a fair and well-grounded claim to be supplied, the claims of those Mine-owners shall be first attended to, who are most in want thereof, without any distinction of persons, and without any preference being shewn, except on the score of the necessity and urgency of the case, the Royal Tribunal in such cases acting with that justice and impartiality which ought to be observed in all their transactions.

SECTION XV. When the claim is thus ascertained to be proper and admissible, the terms and conditions, under which the supplies are to be furnished, shall be settled with the Mine-owner, and before the contract is concluded, it shall be laid before the Royal Tribunal, conformably to the provisions of Chapter XV. of these Ordinances; the great bank of supplies not enjoying any privileges to the prejudice of other banks, or of individuals who supply mines; and afterwards the contract, thus approved of, shall be executed in writing before the clerk of the Tribunal, and orders shall be given for furnishing the supplies accordingly.

SECTION XVI. In mines which are thus supplied by the bank, Interventors shall be ap. pointed, who shall be trust-worthy persons, of good character; and they shall, jointly with the Mine-owner, receive and keep, the money and goods supplied by the bank, in cellars and chests, whereof there shall be two keys; they shall apply them in a manner they think best, and they shall be present at the payment of the wages, shall sign the accounts, shall watch and inspect the workmen as they go into and out of the mines, and also the metals that

are taken thereout, and shall be present at the reduction of the metal from the ore ; and, in short, shall concern themselves in all that is done in the name of the bank, agreeable to the instructions given them, until the time when the supplies shall have been repaid.

SECTION XVII. The Interventors shall not oppose any arrangements that are made by the Mine-owner or administrator, in regard to the economy and management of the labour, or any works which may have been determined on in the mine ; provided, however, that in cases where considerable expence must be incurred, the Royal Tribunal shall first of all be consulted.

SECTION XVIII. The interventors shall not interfere in the appointment of persons employed in a subaltern situation in the mines, but they may observe the conduct of such persons, in order to represent to the Mine-owner any thing which they may think requires amendment; and if the same be not amended, they shall inform the Royal Tribunal thereof, in order that this latter body may make provisions for its amendment, and may do all in its power to keep the Interventor and the Mine-owner upon good terms, acting in concert together, and uniting their services towards the advancement of the operations.

SECTION XIX. . The Interventors shall be paid weekly the salaries that are allowed them, on account of supplies ; and when these shall have been repaid, their services shall be rewarded in proportion to the benefit which the bankers receive from them, and to the time and labour which they devoted to the cause, and their good conduct : but if, on the contrary, any fraud, concealment, or other improper practice shall appear on their part, whether to the prejudice of the bank, or to the Mine-owner, they shall be severely punished in proportion to their offences, by the proper judge, according to the provisions of Chapter III. of these Ordinances.

SECTION XX. In case of any competition arising between any individual and the said bank, as to the supplying of a mine, I declare that the individual contractor shall have the preference, provided, that the proposed terms of supplying the mine, are the same in both cases ; and in order that the said bank may not throw any impediments in the way of a free supply of the mines, I declare also, that this kind of business shall continue to subsist as before, the bank having no other object but to remedy the scarcity of supplies, and to promote as much as possible, the flourishing condition of the mines.




SECTION I. In order that the mines may be worked with stability and good effect, and that the full attainment of riches they contain may be accomplished, it is desirable that their operations should be directed by persons well acquainted with the principles and rules of the natural and practical sciences, and arts connected therewith, and who understand the best means of applying such knowledge, in consequence of their own experience ; for which purpose, and in order that Mine-owners may not be misled in the appointment of persons whom they shall take into their employment, accounting perhaps some persons to be well informed who may only possess a superficial knowledge, or choosing others who may be no otherwise qualified than by having resided a certain time in the mining Districts, without possessing either judgment or science, and without any claim but the recommendation of their friends; and observ. ing how much difficulty there is in correcting such errors, be they voluntary or involuntary, all which leads the Mine-owner into placing a blind and dangerous confidence upon important points, in persons unworthy of such confidence, and has occasioned them very serious losses ; in order to guard against these evils, and that the surveyors may be worthy of public confidence in all things connected with their art, 1 ordain and command that in every mining district there shall be one or more intelligent persons, who are well instructed and particularly acquainted with geography, subterraneous architectures, and hydraulics, and also, with mechanics, and the arts of carpenters, smiths, and masons, as far as such arts are necessary in the operations of mines, which persons are to be called Mining Professors ;* and also other persons well skilled in the science of minerals, commonly called mineralogy, and in the modes of extracting metals from ore, and reducing them to a state fit for use, commonly called metallurgy, which persons are to be called Surveyors of reduction ; (Peritos Beneficialos); and these latter, as well as the former, are to be examined, approved, and appointed by the Royal Tribunal General of Miners, and without such qualification they shall not be entitled to any credit, in causes which may arise, or otherwise, but shall be considered as intruders, and shall be excluded and fined whenever they shall interfere in any thing which relates to the surveyorship of mines, although they may

* Literally, practical Surveyors, (Peritos Facultatiôos), but I have used the expression Mining Professor, as most consistent with the duties assigned to them,

offer themselves as bachelors of arts, land surveyors, architects, or masters of works, or as having been administrators of mines, or as having been in any way employed in the same.

SECTION II. The said Mining Professors shall have in their possession the necessary and proper instruments for measuring mines, whether subterraneously or on the surface, which instruments must always be true and correct, and made according to rule, so that there may be no failure, or irregularity in the performance of such operations; for which purpose they shall be inspected and examined at the time when the said persons are appointed, and afterwards on the occasional visits (of the Deputies.)

SECTION III. The Surveyors of reduction shall have a suitable public laboratory, provided with furnaces and machines for grinding and washing the metals, as also with the proper ingredients, utensils and correct balances and weights, and every thing that may be necessary for making assays, on a small scale, and also for reducing by smelting, one, two, or three quintals of ore.

SECTION IV. The Mining Professors are to examine at the proper time, and to give cer. tificates of examination to all persons desirous of being employed as miners, or mining-captains, to direct the under-ground operations, and to persons employed in the lining of mines, and in the brick-work, and to the carpenters and smiths; and I prohibit all persons from exercising such offices, or from employing themselves in the quality of masters in any place, where such business shall be going on, without having the above certificates of examination, under the penalty of three months imprisonment for the first offence, and of being banished from such place for the second, which punishments are to be imposed by the respective Territorial Deputies.

SECTION V. The Surveyors of reduction of each mining district, shall examine, and give a certificate of approbation to all persons offering themselves as amalgamators, smelters, and refiners, without which certificate, no one shall be capable of being employed in any of these capacities, at any work, or reducing Establishment, under the penalties contained in the preceding Section ; and I ordain that, all these examinations, and all others, treated of in the present Chapter, shall take place, without any fees being received thereupon, and altogether gratis.

SECTION VI. If any person shall pass from one Mining District to another, after having

« ForrigeFortsett »