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they relate to the draining thereof, cannot be impeded without great injury, I command that if the contractor for furnishing supplies from time to time shall neglect to provide them in such manner that at the proper time of paying the wages (rayas), there shall not be sufficient to pay them, and the Mine-owner foreseeing this event, shall have called upon the contractor accordingly, and given notice thereof to the Deputation,then not only the wages shall be paid with the best furnished part of the mine, and even with the very implements and utensils, but the Mine-owner shall be entitled to demand immediate execution against the contractor for what is due to him, and to apply for money to any other person, or treat with a new contractor, whose claim shall be preferred to that of the preceding one, whenever the mine begins to yield a profit.

SECTION XVI.

Those who under pretence of obtaining supplies of mining operations, shall in any way misapply the capital and effects furnished to them for that purpose, shall not only be bound in their persons, and all their property, for the repayment of the same, and for all damage done, or interest due to the party, without being allowed the privilege of miners, or any other whatsoever, but shall be punished in manner suitable to the nature, heinousness, and circumstances of the offence; more particularly so, if they shall have received the advances in confidence or trust, all this being regulated by the dispositions of Section XXIX. of Chapter III.

SECTION XVII.

The searchers, (cateadores) workers who are paid by receiving part of the metal, (buscones) and labourers in general, and other persons who shall offer stones and specimens, falsely pretending that the same are the produce of a mine, thereby soliciting supplies for such supposed mine, with intent to defraud and deceive the unwary, shall be punished with all the rigour of the law, according to the circumstances, heinousness, and maliciousness of the offence, to be proved before the proper court, according to the provisions of Section xxix. of Chapter III. of these Ordinances.

CHAPTER XVI.

OF THE FUND AND BANK OF SUPPLIES.

SECTION I.

WHEREAS by my above-quoted Royal Decree, of the 1st of July, 1776, I was pleased to relieve the body of miners of New Spain from the double duty of one real in each mark of silver, formerly paid to my Royal Treasury,

under the name of Seigniorage, granting them, at the same time, the right of imposing upon their silver the half, or two third parts, of the said contribution, for the purpose of aiding and promoting the new and respectable establishment to which these Ordinances have reference; and considering at the same time that the destination of the same, most conformable to my beneficent intentions in this respect, would be the formation of a fund for advancing supplies to the mines, the present insecure and fluctuating state of the mines in general being, for the most part, occasioned by the want of capital, with the aid of which there is no doubt they would be put in a more secure and flourishing condition, to the great advantage of my Royal Treasury and of the public. For these purposes, and keeping in view the proposition laid before me by the Royal Tribunal of the important body of the said miners, I have thought proper to decree and command, that all the silver entered in my Royal Mint in Mexico, or in any other that may be established in the Kingdom of New Spain, and all silver that shall be remitted to those in Spain on account of individuals, (and which must at all times have been at first assayed, and the fifth part deducted) shall henceforward pay two thirds of a real (probably per mark) towards the formation, preservation, and increase of a fund for the mines, and that no Mine-owner whatever, shall be exempted from such contribution, not even those to whom for any just cause I may have granted, or may in future grant, a remission or diminution of the duties on metal, which appertain to my Royal Treasury.

SECTION II.

The management, collection, and custody of the monies to be raised in this manner, shall be always at the disposal, and under the controul, of the said important body of miners, to whom they belong, by means of their Royal Tribunal General in Mexico, which represents them: after deducting from these monies whatever may be necessary for the support of the said Royal Tribunal, and of the college, and for the instruction of young persons intended for the mining business, of which mention will be made hereafter; and all extraordinary and particular expences which may be incurred for the common interest and advantage of the said body of Miners, all the rest, and the successive augmentations thereof, shall be entirely devoted to furnishing supplies for the working of the mines throughout the kingdoms and provinces of New Spain, a bank being established for that purpose, according to the regulations laid down in the following Sections.

SECTION III.

For the management and business of the said bank, there shall be one. principal factor, or more if necessary, a person of intelligence and experience in the method of supplying mines by contract, who shall be subject to and dependent upon the Royal Tribunal General of the Miners, and be appointed

by them in the election, by a majority of votes; they also having the power to remove him at pleasure, and without being obliged to assign any reason for such removal.

SECTION IV.

Such factor either may be paid by a per centage on the property of the bank, or by a fixed salary, or in both these ways, as may be deemed expedient by the Royal Tribunal, according to circumstances; but he must give bail and such securities for his conduct, as shall be satisfactory in the opinion of the chiefs of that Tribunal.

SECTION V.

The gross amount of the capital of the bank, which shall be in money, or in gold and silver bullion, shall be preserved in chests, of which there shall be four keys, which shall be in the possession and keeping of four of the principal persons belonging at the time to the Royal Tribunal; but the goods and merchandize for the supplies of the mines, and such part of the capital as shall be necessary for the current business and operations, shall be in the possession and at the disposal of the said factor, he and the said persons above-mentioned, being respectively responsible for what may be entrusted to his and their care.

SECTION VI.

The Royal Tribunal General of Miners shall cause to be made out in the factory every year, in the month of December, an account of the contents of the warehouses and stores, and a cash account and balance; two of the said principal persons of the Tribunal assisting at such operations; and moreover, they shall take the accounts of the factor without prejudice to their right of inspectisg the said accounts at other times, whenever they shall think it proper and prudent to do so.

SECTION VII.

The Royal Tribunal shall keep an account and correspondence with the Mine-owners, who have their supplies by contract from the bank, and shall receive and reply to their letters, and give the necessary orders to the factor for these purposes.

SECTION VIII.

For carrying on the business of the factory there shall be such writing clerks engaged as the factor shall think proper, he having the power of proposing them; but they are to be appointed, and their salaries are to be fixed, by the Royal Tribunal, and they are to be paid by the bank; and the factor is to have the power of diminishing them, on giving verbal notice thereof to the Royal Tribunal.

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 purified, 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 necessary 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

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