YALE UNIVERSITY
LIBRARY

THE LIBRARY ASSOCIATES
Gift of
HENRY R. WAGNER

THE

ORDINANCES OF THE MINES

NEW SPAIN.

THE

ORDINANCES OF THE MINES

NEW SPAIN;

TRANSLATED FROM THE ORIGINAL SPANISH.

WITH

OBSERVATIONS

UPON THE

MINES AND MINING ASSOCIATIONS.

BY CHARLES THOMSON, ESQ.
OF LINCOLN'S INN, BARRISTER AT LAW.

ILoittum:
PRINTED FOR JOHN BOOTH, DUKE STREET,
PORTLAND PEACE.
J825.

TABLE OF CONTENTS.

OBSERVATIONS. Pag*
Some account of the Ordinances 1
Prospects of the English Companies in working the
Mines . ...... 5
Defects of the Mining System in America 7
Causes of the decayed state of the Mines . 11
The nature of the contracts entered into by the Asso
ciations, and their validity, according to the
laws of America ...... 28
Disabilities of foreigners ... 29
Mexican law, repealing those disabilities,
discussed . . . .30
Situation of foreign Mine-suppliers . ib.
Situation of native Mine-suppliers . 31
The original grant of Mines from the Crown,
and the species of property acquired
in them . .37
Chance of success estimated according to
the proceeds and profits of a particular
Mine, detailed by Humboldt 22 years
ago, and now worked by an English
Company . . . .40

VI Page
Legality of the Associations, according to the laws of
this Country . . . » .44
Statute 6. Geo. I. • .45
.Case* under this Statute . 47
General expediency of embarking property in \he
Mining speculations . . .59
Liability to the laws affecting partners . 60
Dealings between the partnership and third
persons .... ib.
Mutu,al, dealings among the partners . . 63
Proceedings in Equity concerning them ib.
Possible modes of meeting the difficulties
arising in such cases . . .65
Distance of the property in question , ~70
Real cfiteridn of the expediency ttf the
undertakings
Chance of legislative interference .

ORDINANCES.

Introduction, explaining the causes which led to
the formation of the Ordinances . . 1
CHAPTER I.
Of the Tribunal General of the Miners of New Spain.
Section Page
1. Its title . . . . .9
2. Of the persons to compose it . . ib.
3. Of their qualifications . . . . ib.
4. Of the first administrator and director-general,
and the duration of their offices . 10
5. Of their election . . .11
6. Of Mine towns having a vote at such election . 12
7. Of cities and towns having votes . . ib.
8. Of scrutinies—of the qualifications of persons to
be elected administrators and deputies ge
neral . . . . ib.
9. Of persons to preside over and regulate the
general meetings of electors . . 13
10. Of re-election to such offices . . 14
11. Of the obligation! to discharge such offices . ib.
12. How "to proceed in case of an occasional vacancy
in such offices .... ib.

Till
Section Pag«
13. Of the duration of the offices of future adminis
trators and directors general • • 15
14. Of the factor, assessor, and secretary of the
Tribunal .... ib.
15. Of the advisers ( consultores ) of the Tribunal . ib.
16. Statement of the concerns of the body of Miners
to be laid before the Tribunal . . 17
17. Of the permission of the viceroy . . ib.
18. Of fisca.1 and promoter of the Miners . ib.
19. Of communications to be made to the King by
the Tribunal . . . .18
20. Of persons representing the Tribunal at Court ib.
21. Of the minute book of the Tribunal . . ib.
22. Of papers, orders, &c. to be preserved in the
archives of the Tribunal ... 19
23. Of the inventories to be drawn up at the elections ib.
24. Of the secretary of the Tribunal . . ib.
25. Of the chief and second official of the Tribunal 20
26. Of its messengers .... ib.
27. Of the table of fees to be received by persons
employed in Mexico and in the Mining Dis
tricts . . . . . ib.
28. Of the oath to be taken by persons filling the
offices of the Tribunal . . .21
CHAPTER II.
Of the Judges and Deputies of the Mining Districts.
1. Who to be judges . . . .22
2. Who to be enrolled as Miners . ib.
3. Of the election of deputies . . . iff.
4. Votes of Miners thus enrolled . . 23
5. Of choosing the electors in some places . . ib-

ix
Section Pag*
6. Of administrators voting for their principals . 24
7. Who to preside at and regulate such elections . ib.
8. Territorial deputations — number of deputies com
posing them — mode of their appointment . ib.
9. Of the substitutes for the territorial deputies 25
10. Of recorders (procuradores sindicos) . . 26
11 . Of the obligation to discharge the office of de
puty . . . . . ib.
12. Of re-election to such offices . . .27
13. Of the powers conferred on the deputies by the
electors ; of the oaths to be taken by both
parties . ib.
14. Of the account of the election to be transmitted
to theTrihunal . . . .28
15. Of the mode of paying the territorial deputies,
inspectors, and surveyors of Mines . ib.
16. Of the report of the deputations upon the con
dition of the Mines, to be addressed to the
Tribunal . . . . .29
CHAPTER III.
Of Jurisdiction in Mining Causes.
1. Administrative jurisdiction of the Tribunal Ge
neral . . : . • 30
2. The Tribunal General to take cognizance of
causes relating to Mines, within twenty-five
leagues of Mexico
3. Administrative jurisdiction of the territorial
deputations . .32
4. The territorial deputations to proceed in causes
relating to Mines, independently of the Tribunal
General . . . . • ib-

ib.

Section J£
5. When proceedings, to, be had verbally . . <H»
6. 0/ summary judgments jn causes in .the, first,
instance, and also in appeals
7., Of appeals ; in what cases admissible, . • 35
8,, Of signing decrees and judgments . ih-
9. When the Territorial Deputies may. act sepa
rately, and what tq be done in causes where
they disagree . • • • . ib.
1Q. 0/ references to lawyers . . . 3@
11. Of reports, of the proceedings in causes, . . 37
12. Qf, the execution of the sentences of the Tr*b,unal,
and of the Deputations . . . ib.
13. Qf appeals, and the persons who, are to cornpsse,
the Courts of Appeal • ¦ . / . 38
14. Of proceedings therein ... 40=
15., Of the time foj? entering appeals,, and the mode of
so.dojng ..... ib.^
16. Wfeen, the sentences of .Appeal Courts to be final 41
17, Appeals from the first sentences of th§„Appeal
Courts — by whom to be tried . • ib.
18. Of the application to the King, in his Council of
the Indies . . . , .42
19. Sentence in appeal causes, by what votes to be
regulated ; by whom signed . . ib.
20. Of causes relating to possession and property 43
21. When an interventor to be appointed ; and when
the working of a Mine to be suspended . ib.
22. Of executive demands ... 44
23. Of executions in Mines or reducing establish
ments . . . . . ib.
24. Of Mines given up under an execution, when
liable to denouncement ... 45

xi
Section Page
25. Of the wages of the workmen and int'erventor in
such Mines . . . .46
2d. Creditor undertaking to carry on the works, shall
have preference .... tft.
27. When Mines are comprised in the judgment of
any court of the country, the judge thereof
shall send notice to tiio respective Court of
Miners . . , . • ib.
28. Of the enlarged term (termino cumplido ) __. 47
29. Of robberies and other offences in the Mines . ib.
30, Of appeals in criminal cases . . 48
31. Of contentions between the Tribunal-General,
the Territorial Deputations, and other courts 49
32. Of the application of fines imposed by the Courts
of Miners . . . . ib.
33, Of the sittings, of the Tribunal . . ib.
34. Of the vote of the Director-General in the Ti>i*
bunal . . . . . .50
35. Of the proper jurisdiction in matters relating to
public works, supplies, roads, &c. . . ib.
36. Of the levying of taxes, duties, and imposts . 51
37. Of the salaries of officers, in the Tribunal . 52
CHAPTER IV.
Of Proceedings in case of a vacancy or necessary absence
of any of the Judges of Mines.
1. Of the number of members Oftbe Tribunal neces
sary to transact business; and of the number
of judges in appeals; and when any of the
advisers (consultores) may be substituted in
their stead . . . . .53

xn _
Section "
2. Refusal of the judges' of the Tribunal, when
prohibited ; when allowable . • «>4
3. The same of the territorial deputies • • io>
4. Vacancies, how to be supplied . • •»•
CHAPTER V.
Of the original Ownership of Mines ; of the Grants to
individuals ; and the Duties to be paid by them for the
same.
1. Mines originally the property of the Crown • 55
2. Grant of them to subjects . . • ib-
3. Conditions of such grant . . • ib.
CHAPTER VI.
Of the manner of acquiring Mines — of New Discoveries —
Registers of Veins — and denouncements of Mines, aban
doned and lost.
1. Discoverers of mineral mountains altogether new,
to have three portions on the principal vein . 56
2. Discoverers of mountains worked in other parts,
to have two on certain conditions . . 57
3. Who not to be considered a discoverer . . ib.
4. Of the written statement to be presented by the
discoverer to the deputation — and proceed
ings to be had thereupon . . . ib.
5. What to be done in case of conflicting claims . 58
6. Of the reward to persons restoring abandoned
Mines . . . . .59
7. What the criterion of discovery in case of con
flicting claims . . . . . ib.
8. Of denouncements — and proceedings thereupon ib.

X1U
Section Page
9. Privilege of the former Mine-owner in such cases 61
10. Time allowed to denouncer for taking posses
sion — in what cases enlarged, and with what
privilege . . . . . ib.
11. Forfeiture of mine . . . . 62
12. Former possessor to be paid for works left in
the Mine . . . . . ib.
13. Of intermediate spaces (demasias) between Mines ib.
14. Veins, &c. may be discovered and denounced,
which are under the property of another . 63
15. What to be done in cases where Mines or esta
blishments might injure the buildings in towns
or villages . . . . ib.
16. For what articles in an ancient Mine or esta
blishment the denouncer must pay . . ib.
17. Of denouncing contiguous Mines — and what pri
vileges may be granted to persons re-establish
ing deserted Mines . . . . 64
18. Of irregular depositories of gold and silver . 65
19. Of the waste ground and earth-heaps of abandoned
Mines . . , . . ik.
20. Of the dross, rubbish, and refuse of deserted
smelting houses and establishments . . ib.
21. Of masses of virgin gold and silver, and of what
shall be retained as treasure . . .66
22. Of the discovery and denouncement of all other
Mines whatsoever, as well as those of gold and
silver, and of the mode of treating quicksilver
Mines . . . . . ib,

XIV
CHAPTER VII.
Of Persons who. may or may not discover, denounce, and
work the Mines.
Seetion Page
1. Gener-al grant to subjects and prohibition' to
Foreigners . . . • .68
2 : Prohibition of religious persons and orders — and
what to be danein ease of Mines; &c. devolv
ing upon them by inheritance or other cause ib.L
3. Prohibition of public officers in their own districts 69
4. Prohibition of persons in the service of Mine-'
owners, within a certain distance of the pro
perty of their employer . . . ib.
5. No one to denounce a mine for another without
his authority . . . . .70
6. Nor for himself alone if he has had partners in the
discovery . . • . . ib .
CHAPTER VIII.
Of Properties and- Intermediate Spaces between Pro
perties — and of the measures in Mines.
X, Reasons for altering the measures heretofore used
in New Spain , . . . .72
2. Of the number of ya/ds to be granted . . ib.
3. Of the square (quadra) .... jfi.-
4. When the vein is perpendicular to the horizon ib.
5, 6, 7, , 8, '9.. Particulars, of measurement, when the
vein is in an inclined direction . . 73, 74
10. Of the allotment of accidental depositories of
silver or gold . . . .74
11. Of the boundaries of the denouncers' portion . 75
12. Of the measures in ancient Mines . . . 76

XV
Section Page
13. Of the immutability of the boundaries . 76
14. Of a Mine-owner entering the property of another 76
15. Of the division to. be made between, neighbouring
Mine-owners, when one has discovered a
Mine in the property .of another . . 77
16- Of entering unclaimed gsound on deserted Mioes^ 78
17. Of the Mine-owneu's possession in all vein& within -
his property . . . . .79
CHAPTER TX.
Of working, supporting, and protecting the Mines.
1. Of the necessary security in Mines . . . 80
2. Of the proper superintendance in Mines . ib.
3. Of the shafts, levels, or adits . . 81
4. Of lining Mines . . . . , ib.
5. Of examining and approving the artificers . .82
6. Of substituting pillars of mason work for those of
the metallic substance . . . ib.
7. Of the punishment for weakening .the pillars, &c. 83
8. Of cleanliness in Mines .... ib.
9. Of the ladders . . . . . 84
10. Of the visits and inspections of the deputies . ib,
11. Of the duties of person* having- Mines elevated
above those of their neighbours . . 85
12. Of ventilating Mines . . . ib.
13. Of keeping Mines in a course pf working < • 86
14. Of the interval during which they mus,t be worked
annually . . . • . . ib.
15. Of Mine-owners keeping their Mines in disuse . 87
16 Of notice to the deputation, when jt is intended tp
abandon . • • • .8.8
17, 18. Of proceedings to be had thereupon 0 • • 89

XVI

CHAPTER X.

Of Drains in Mines.
Section Page
1. Of keeping Mines drained generally . . 90
2. Of the obligation to make adits . . ib.
3. Of contributing to the expense of the adit . 91
4. Of an adventurer offering to make an adit . ib.
5, 6, 7, 8, 9, 10, 11. Of the seven conditions upon
which Mines or veins may be assigned to such
adventurer . . . .92, 93, 94
12. Of Mine-owners being treated in certain cases in
the same manner as such adventurer . . 94
13. Of general shafts . . . . . 95
14. Of their necessary depth . . . ib.
15. Of denouncing Mines which are not drained by
the owners . . . . . 96
16. Of the penalties upon the Owners of Mines in an
elevated situation who do not keep them drained 97
17. Of privileges granted to persons making general
shafts at their own expense . . . ib.
CHAPTER XI.
Of Mines worked by Companies.
1. Reasons for encouraging companies . . 99
2. Of their right to denounce to a greater extent
than individuals . iqq
3. Of the twenty-four parts of a Mine called barras ib..
4. Of partners working jointly and sharing equally ib.
5. Of the interposition of the deputies in the affairs
of a company ..... 1QI

XV11
Section Page
6. Of the votes of each partner . . . 101
7. Of the decision in disputed cases . . ib.
8. Of partners refusing to contribute towards the
expences . . . . . 102
9. Of their refusing to contribute to the dead works 103
10. Of a partner wishing to sell his share . . ib .
11. Of the consequences of a partner's death . . ib.
12. Of a share or mine rising in value after the sale . ib.
CHAPTER XII.
Of the Labourers in Mines, and in the Works and Esta.
blishments for the reduction of the Metals.
1. Of the encouragement to be given to the working
miners ..... 104
2. Of the strokes or tallies to be made by the workmen 105
3. Of the payment of their wages . . . ib-
4, 5. Of leaving their wages entirely at their own dis
posal ...... 106
6. Of the provisions supplied to them . . ib.
7. Of the account to be delivered to and kept by
each workman .... 107
8. Of encreasing their pay occasionally . . ib.
9. Of the supplies to the Indians . . . 108
10. Of the different modes of paying workmen, and,
. in cases of payment by the task, of the mode of
paying any one who shall work beyond his
task work . . . . . 109
11. Of mixing together the ore delivered by any la
bourer as his share-work, and that delivered as
his task work, in certain cases, and the option
allowed to such labourer . . . 110

XVII
Section Pag«
i2. Of the inspection of workmen going into or out
of the Mines .... HI
13. Of compelling idle persons and vagabonds to
work in the Mines .... 112
14, 15. Of the regulatien of the Meta, and the work
ing companies allotted to Mines; of their ceas
ing to work in a Mine in consequence of its
beiBg deserted/dnd of their becomings attached
to it again on its re-establishment 112, 113, 1 14
16. Of their working on the establishment to fwhich
they are attached, rather than elsewhere . 115
17. Of their alternate working in profitable and un
profitable Mines, and of the certificate neces
sary to enable them, to work in other Mines
than those to Which they are attached . . ib.
j8. Of workmen having contfacted debts in a Mine . 116
15. Of thefts committed by workmen . . ib.
20. Of placing to work, werlcmen who have Been im-
prisbkleidftir debts or slight offence's . .117
21. Of workmen secreting metal . . . ib.
CHAPTER XIII.
'Of the supply of JVdter and Provision's to the Mines.
1. Of the preservation of the springs, and the clean
liness of the conduit pipes . . .118
2. Of the carrying off water from the drains and
washing places .... ib.
3. Of the grazing places, and watering places fdf
the cattle working the machinery . . ib.
4. Of the exemption from tolls, of persons driving
such cattle . . , , 119

XIX
Section page
5. Of regulating the price of provisions and clothing
in the Mining districts . . . . 120
6. Of the privileges of persons carrying provisions to
the Miners . . . . . ib.
7. Of the territorial deputations Visiting and in
specting the fountains, 8tc. . . . 121
8. Of their inspecting the courses and beds of the
rivers, and reporting thereon to the Royal
Courts, and of the visits of the deputies and
surveyor twice thereto annually, and of re
pairing any injuries which may have occurred
therein ..... 122
9. Of keeping the roads in repair . . . 123
10. Of keeping in repair the private roads ib the
Mining districts .... 124
H.rQf erecting bridges, and the expense thereof . ib.
12. Of the mountains and woods in the neighbour
hood of Mines .... 125
13. Of the delivery of wood by the cutters and car
riers . . . • • ib.
14. Of keeping up the supply of timber . . ib.
15. Of veins of salt water, and veins of rock salt, and
of the salt works conceded to the Indians 126
16. Of the prices of articles necessary in the Mines,
and how to regulate them . . . 127
17. Of the distribution of quicksilver . . . ib.
19. Of not intercepting the sellers of articles going
to the Mines . . ,128

XX

CHAPTER XIV.
Of the persons who reduce Ores by agreement, and
purchasers of the Metals.
Section Page
1. Of buying and selling ores, and erecting esta
blishments for reducing the same . .129
2. Of the place for purchasing the same, and the
ticket to be received by the purchaser . ib.
3. Of the proceeding in case of any stolen metal . 130
4. Of the penalty of any person serving in the Mines,
who shall sell quick- silver, gun-powder, &c.
and on the person buying the same . . ib.
5. Of the territorial deputations regulating the
proper dues to be taken for reduction . . 131
6, 7. Of thp highest price to be allowed for quick
silver, salt, chalk, Scc/'sold to Mine-owners 131, 132
8. Of the tickets to be given to owners of metal,
particularising the reducing expences, &c. . ib.
9. Of paying the cost of reduction in money, except
where there shall have been an agreement to
pay in bullion ..... 133
10. Of the right on the part of owners or reducers
to have a certain quantity of the metal reduced
for their satisfaction, until the establishment
of an assay-office . . . n,.
II. Of the right of owners to attend at the process
of reduction . . . 134
12. Of the carriage due upon metals going from the
Mines to the establishments . . ib.
13. Of the punishment of mule-drivers stealing any
such metal . -^

XXI

CHAPTER XV.
Of the Contractors for supplying Mines, and of the
Dealers in the Metals.
Section Page
1. Of the modes of paying Mine-suppliers, and of
the signed contract between owners and sup
pliers . . . 136
2. Of the deliveries of the metal, where the supplier
is paid by premium upon the metals . . 137
3. Of the per centage which may be received by the
contractor, where the repayment of the sup
plies is secured to him . . . 138
4. Of the supplies in money, bills, or goods . ib.
5. Of accidents to the supplies upon the road . ib.
6. Of the responsibility of the Mine-owner and of
the privileges of second suppliers . 139
7. Of the mutual rights of the ewner and supplier 140
8. Of the right of the Mine-owner or proprietor
of the metal to accidental discoveries of
gold among the silver . . ib.
9. Of the capital supplied remaining invested during
the continuance of the partnership when the
contract is made in the way of partnership . 141
10. Of the assaying the metals, and the deduction of
the royal duty . . . . ib.
11. Of the balance and scales, to be kept by the
merchants of the Mining districts . . 142
12. Of the tools and utensils of Miners . . 143
13. Of ascertaining the value of the metal by heat
ing it , . . . . ib.
b

XX11
Section age
14. Of the interventor to be appointed by the con-
tractor . •*¦**

ib.

15. Of contractors neglecting to pay the wages of
workmen at the proper times
16. Of the penalties and punishments of persons
obtaining supplies under pretence of Mining
operations, and misapplying them . 145
17. Of the punishment of persons presenting spe
cimens as the produce of a Mine, and solicit
ing supplies on false pretences . . ib.

CHAPTER XVI.
Of the Fund and Bank of Supplies.
1. Reasons for creating a general Fund for the
Mines . - . . .146
2. The management and custody of the monies
raised for this purpose to be under the controul
of the Royal Tribunal General . . 148
4. Of the appointment of a factor . ib.
5. Of the mode of paying him, and the bail to be
given by him for his conduct . . 149
6. Who to have the custody of the capital, and who
of the goods . . . . ib,
7. Of the account of the contents to be taken annu
ally of the warehouses and stores . 150
8. Of the account between the Royal Tribunal and
the Mine-owners who are supplied by the
Bank .... ib.
9. Of the writing clerks to be appointed for these
purposes . . t {0.

XXI11
Section Page
10. Of the silver remitted by Mine-owners to j.he
Bank, and their duties in relation thereto . 151
11. Of the salaries to be paid, and the accounts to be
kept by the factor . . 152
12. Of the goods to be bought by him . . ib'.
13. Of the prices of goods delivered on account of
the Bank in Mexico, and the Mining districts ib.
14. Of the qualifications which must be submitted to
the Royal Tribunal by persons proposing for
supplies .... 153
15. Of shewing no preference to Mine-owners, ex
cept on the score of the urgency of the case ib.
16. Of the terms on which the supplies are to be
furnished, and laying them before the Royal
Tribunal . 154
17, 18. Of appointing interventors to Mines sup
plied by the Bank, and of their duties 154, 155
19. Of the salary of such interventors, and of rewards
and punishments to them in certain cases . 156
20. Of the preference to be shewn to an individual
supplier in cases of competition between any
such person and the said banks . . ib.
CHAPTER XVII.
Of Surveyors for the operation of Mines, and the
reduction of the metals from ore.
1. Of the importance and necessity of appointing
proper persons to superintend the Mines and
establishments, and of the appointment and
description of the Mining professors, and
surveyors of reduction . . 157

XXIV
Section paBe
2. Of the instruments to be kept by the Mining
professors . . • 1«9
3. Of the laboratories and machines for the sur-,
veyors of reduction . • ib.
4. Of the certificates to be given by the Mining
professors to all persons desiring to be em
ployed in the Mines . . ib.
5. Of the certificates to be given by the surveyors
of reduction to all persons desiring to be em
ployed in the reducing establishments . 160
6. Of persons passing from one Mining District to
another . . . . 161
7. Of the oath to be taken before the Royal Tribu
nal by the Mining Professors and surveyors
of reduction . . . ib.
8. Of the credit to be given to the said professors
and surveyors in the determination of causes ib.
9. Of the attendance of the said professors and sur
veyors upon the deputies in their visits, and
of their fees . . . 162
10. Of the qualification of persons employed in the
Mines until the establishment of the College
of Miners . . . ib.
11. Of the birth, parentage, education, and manners
of the said professors and surveyors . 164
CHAPTER XVIII.
Of the education and instruction of young persons intended
for the Mining business.
1 Reasons for the establishment of the college and
schools of Miners . , , 165

XXV
Section Page
2. Of the children to be maintained for the pur
pose .... 166
3. Of the free entrance into the schools in the case
of other children . . . 166
4, 5. Of the professors and teachers of the necessary
sciences and arts . . . ib.
6. Of the title of the college, and of the education
of the children . . 167
7. Of the controul and direction of the college 168
8. Of the support of the college . . ib.
9. Of the royal protection » . ib.
10, 11. Of the mode of electing the professors 168, 169
12. Of the lectures and treatises of the professors 170
13. Of the exercises of the students . . ib.
14. Of the students being sent to finish their educa
tion under the Mining professors or surveyors
of reduction . . . ib.
15. Of the specimens of ores to be delivered by the
Mine-owners and suppliers to the college 171
16, 17. Of the encouragement of useful inventions 171, 172
18, 12. Of rewards to the inventors . 173, 174

CHAPTER XIX.
Of the privileges of the Miners.
1, 2. Of the general privileges granted to the
Miners of New Spain . . 175, 176
3. Of their qualified freedom from arrest for debts 176
4. Of applying the produce of Mines or establish
ments in case of sequestration . . 177

Page ib.
iL

XXVI
Section 5. Of the reservation to a Mine-owner in case of an
>: execution upon his other property
6. Of the favour to be shewn to deserving persons
in the Mining profession
7. Of the favour to be shewn to the children and
descendants of deserving Mine-owners and
suppliers . . • 178
8. Of the eligibility of Mine-owners and adminis
trators to the office of magistrate or governor,
and of their privilege of excusing themselves ib.
9. Of the preference to be shewn to Miners in eb-
taining lands, renting houses, and buying pro
visions ; and of their liberty to hunt, fish, &c.
and other privileges . . . ib.
10. Of checking the extravagance of Miners . 172
11. 0^ the prohibition of gambling and other shame
ful diversions among the Miners . . 180
12. Of the duty of the Royal Tribunal, and of the
territorial deputations, and of the force and
effect of these Ordinances, and of the mode
of proceeding in case of any doubts arising as
to their construction . . 181
13. Of the duties of the council of the Indies, the
Royal Audiencies and Tribunals, the Viceroy,
Captains and Commandants General, Go
vernors, Intendants, Ministers, Judges, and
all other persons, in respect to these Ordi
nances, and of their final authorization and
confirmation i , .182

XXV11

APPENDIX.
Section Page
I. Authorities of American Ministers . 187
II. Extracts from Helms and Humboldt . 188
III. Mexican Law of October, 1823 . . 194
IV. Extract from the Mexican Tariff - . 196

OBSERVATIONS,

The Supreme Council of the Mines of New Spain
was established in the year 1777, and a School of
Mines shortly afterwards instituted, for the advance
ment of the Science of Mining. These improvements
were followed by the compilation of a New Code of
Laws, for the purpose of simplifying and rendering
uniform the legislation of the Mines, under the title
of " Royal Ordinances of the Mines of New Spain,"
of which a translation is now given to the public.
This Code of Laws was framed in the reign of
Charles III. and during the ministry of Joseph de
Galvez, in the year 1783. b

Before that time the legislation of the Mines had
been in a state of infinite confusion, arising from
the circumstance of different laws and customs,
having been introduced in the different Mining Dis
tricts : a total want of communication amongst
them, and of comparison of their mutual progress,
had been a necessary bar to the improvement of the
general system.

Whether these Ordinances will become matter
of much interest in this country must depend of
course upon another question, namely, whether the
cOiffipetroh'-at present subsisting between this country
and the Mining Districts of Americas in consequence^
of the Associations for' working the Mines, shall- be*
transitory and unprofitable, or shall be, for a certain-
riumber of years at least, a continuing, and flourishing
connection. In the latter of these events it seems
probable that these Ordinances will become interesting
in? some degree to all persons in this country, and to
those whose property is embarked in mining specula,1-
tidns, a subject of frequent reference and investigation,
'¦¦ : *''-.,' ':> . v - . - • ¦-¦- ' ¦
It is to be observed, in the first place, that ahhottg^

they bear only the title of the Laws or Ordinances of
the Mines of New Spain, they were adopted into,
and became part of, the other great Mining Districts of
Spanish America. As, however, New Spain or Mexico,
to which they principally relate, and the other
countries in whieh they have been adopted, were then
under the single dominion of an European nation,
but have since resolved themselves into distinct
independent Governments, it is necessary to ascertain
how far they still remain in force in those countries.
There is no doubt that they are fully and completely
in force in Mexico, and that they are also the
acknowledged laws of the Mines of Chili, and that
they were before the Revolution of. equal force in
Peru. In support of these facts, I refer to the state
ments quoted in the Appendix, proeeeding! from*
persons who are best qualified to make suc"h state-*
ments, and who have favoured me with their autho
rities for the purpose*. With regard, to Peru, its
unsettled state, and the absence of any authorised
minister, makes it impossible to define with precision
the mine laws acknowledged at the present moment

^.-j..— |,, _.,..¦ I. ,¦¦,¦.-

* See A ppendi* I.
b a

in that country, but there seems every reason to
believe that these Ordinances will either still continue
in force, or will be the model of any new system of
legislation for the government of their Mines. The
Ordinances', therefore, may be considered as of yery
general application throughout those countries which
formerly composed Spanish America.
This being premised, and the publication of this
translation at the present moment speaking for itself,
the object of these Observations is to discuss some of
the interesting points which arise out of the present
Mining Associations. And the natural order which
the subject suggests is to consider,
First, Whether the Mines of America are so cir
cumstanced that they cannot be beneficially worked
by the Natives, but may be so worked by the
English. Secondly, The nature of the contracts entered into
by the Associations, and their validity according to
the laws of America.
Thirdly, The legality or illegality of those Asso
ciations according to the laws of this country.

Lastly, The general expediency or inexpediency of
embarking property in them.
As to the first — In order to arrive at a conclusion
upon this question, it does not seem necessary to
consider the Mines, or the mode of working thenr,
either before the Spanish conquest, or during the
iong interval that elapsed between that event and the
establishment of the Supreme Council of the Mines
in 1777, which may be regarded as the date of the
improved system. ~ That whole period was fertile in
ignorance and abuses, and I will only remark upon
it, that unskilful modes of procuring and preparing
the precious metals were so habitually adopted, and
corrupt practices on the part of those persons who
had the superintendance of the Mines were so firmly
established, that it was a work of great difficulty for
those who acted under the improved system to
eradicate the one, or reform the other; — indeed, they
have never completely done so : but it will be sufficient
for our purpose to examine the defects even of this
improved system, and to look at the Mining opera
tions as they have existed from 1783 till the present
time. In doing this, I rely principally upon the

authority of two persons who have examined these
Mines, under circumstances the most likely to enable
them to form a just estimate. One is Helms, who,
having been assayer of the Mines and Mint at
.Cracow, was employed in the Spanish service to
Survey the South American gold and silver Mines,
and for that purpose was furnished by the Govern
ment with all the authority necessary for such, ah
^undertaking. The other is M. de Humbolt. Helms
.set out upon his expedition in 1789, six years after
the date of the Ordinances of the Mines, and returned
to Madrid in 1793. Humbolt made his observation?
in J80S! and 1803. The remarks of the former apply
to the Southern Districts tC from Buenos Ayres by
Potosi to Lima:" of the latter principally to
Mexico. The extracts, which I think it necessary
to make from these authors, I have thrown into the
Appendix, in order to avoid extending these remarks
to an unnecessary length.*
Tbjt Revolution in Mexico, which, independently of
Ojher causes, would have put an end to Mining opera?

• See Appendix, No. II.

7
tions in that country, broke out in 18 LQ, and was
followed soon afterwards by the political contests in
the southern districts, which produced the same effect
there, so that the observations of these travellers, par
ticularly Humboldt, may be regarded as developing
the state of the Mines down to a very recent period ;
from these observations the reader will judge whether
the cessation of profitable working arose from the
exhaustion or nonproductiveness of the Mines, or
simply from such causes as the English Associations,
with the advantages they possess, would be likely
to remedy. :,
The principal defects of the American. Mining
system, as stated by these writers, are the existence
of corrupt practices in those persons who are en
trusted with the administration . of the Mines, arid
the collection qf .the duties,: and great. imperfections
in the mode of working them.. ., ; n
With regard to the corrupt practices, they . existed
principally in Peru, and were owing partly to the
conduct of the administrators of Mines .srfjOi hail
often no other view in the contracts they made

and the. persons they employed, but their own irtime*
diate advantage; and partly to the king's officers;
who, in consequence of the monopoly in quicksilver
and other fiscal regulations, had great power over the
Mines. The monopoly of quicksilver is put down,
and the Independent Governments, far from encou
raging the interference of their officers In the Mines,
are most anxious, to promote the interests of the
Mining Companies.*
With regard to the imperfections in the mode of
working the Mines, they appear very susceptible of
improvement at our hands : the principal evils com
plained of are,- — the wasteful mode of blasting with
powder, which leads, in the opinion of Humboldt,
to an unnecessary consumption of that article to the
amount of two thirds more than would be actually
required with proper management; the want of
communication between the different works, by
means of lateral galleries or passages; the im-
For this, as far as regards Mexico, I have the authority
of Mr. Rpcafuerte, the Secretary to the Mexican Embassy,
now in this country.

perfect mode of draining the inundated Mines,
owing to a want of proper pump apparatus ; the
expensive mode of reducing the ores into metal,
by smelting or amalgamation ; * the irregular sup
ply and distribution of quicksilver to the Mines,
where analgamation is the method pursued : there are
others, of a less important kind, mentioned in Hum
boldt, which I have not thought it necessary to
extract. Notwithstanding all these defects, it appears that
the annual net produce obtained from the American
Mines at the beginning of the present century, was
above eight millions sterling :f that in Mines which
had been once ascertained to be capable of being

* Smelting is the extraction of the metal by the application
of fuel, or by fusion.
Amalgamation is performed by triturating the ore with quick
silver, which unites with the metal, from which it is afterwards
separated by pressure and by heat.
f Humboldt, Vol. III. p. 394. 43,500,000 dollars, or
£8,500,000 sterling, nearly.

10
profitably worked, and where there was capital suffi
cient to meet the necessary expences of working
them, the profits had continued nearly, the same, or
progressively increasing. He mentions the Valen-
ciana mine as having for forty years never yielded less
than a sum of above ,£120,000 sterling annual net
profit to its proprietors.* (Humboldt, Vol. III. page
193). He mentions the annual profit of the proprietor
of the Rayas minef as still greater, because there, he
says, owing to the superior richness of its ore, and
the smallness of the expences of working, the mine
yields a larger profit, (ib. p. 211). He says that
the actual produce of the Mines on the vein of
Catorce, in New Spain, is nearly 400,000 mark?
of silver annually, (ib. p. 2 1 2). He mentions that the
Count de Regla had drawn between the years 1 76"2
and ^774, a net profit of more than one million
sterling from the Lode of Biscaina J (ib. p. 2 1 7).
* This Mine is in the possession of the Anglo-Mexican
Company. .
t This mine is in the possession of the United Mexican
Company. t This lode is the Real del Monte Mine, and is in the pos
session of the Company known by that name.

11
He further relates of "the Mines of Veta Negra,
(Sombrerete, of which the Veta Negra is the prin
cipal vein), that they produced, in the space of a few
months, a net profit of more than £800,000 sterling
to the family of Fagoaga* (ib. p. 208) ; and he
mentions many other instances of great productive
ness. To shew that the great evil of national distress, and
consequent want of capital, which arose out of the
Revolution, was the real cause of the decayed state of
the Mexican Mines, we have the report of Senior
Don Lucas Alaman, formerly deputy in the Cortes of
Spain, and at present Minister for Foreign Affairs,
and for the Home Department in Mexico ; it is dated
October, 1823. Parts of this Report, as they are
peculiarly applicable, I will here extract : — ¦
" The Revolution began in the districts where
the richest Mines are situate, and their proprietors
were the first victims.
• These Mines, called the PavflTion and Veta N egra, have
lately been acquired by the United Mexican Company,

m
" The inundation of the Mines has been the
inevitable consequence of their abandonment during
the war. The working of them cannot be resumed
until the water has been discharged; and to effect
that, the Miners of Mexico, poor in the midst of
riches, have neither the machinery required to accom
plish it, nor the capitals to procure such machinery.
" By the massacre of some, by the ruin of others,
from the war and the excessive requisitions, and the
consequent want of necessaries and utensils, to con
tinue the works, the Mines ceased, as it were, almost
in a moment."
That this continued till very lately to be the case,
.and to be the view taken by intelligent persons
visiting those countries, we may see from Mr. Cald-
cleugh's work on South America, containing an
.account of his travels there in 1815, 1820, 1821.
Speaking of the South American Mines generally
he says : —
" The great excavations subsequently made (i. e.
subsequently to the first working of the mines),

13
have become full of water, from which the pro
prietors have not a sufficiency of capital to clear
them. From this cause, many of the Mines, which
yielded a large proportion of silver, have become
entirely unproductive. The chief falling off, there
fore, has been owing to a deficiency of capital, which
the Revolution has naturally much aggravated." *
We may perceive this also from a work lately
published by Mr. Poinsett, a native of the United
States, containing a journal of his observations in
Mexico, during the autumn of 1822. He has these
passages ; —
" It will be seen by what I have already observed,
that the state of these Mines is deplorable. The
expences of working them have already been pro
digiously augmented by the depth of the shafts, and
prolongation of the galleries ; and it will require a
large capital to establish forcing pumps to extract
the water. In many instances it will be impossible to
* Caldcleugh's Travels in Brazil, Beunos Ayres, and Chili.
Vol. I. p. 353.

employ steamy as the moving power, from the great
scarcity of fueL"*
" There can be no deubt that the product of the
Mines of Mexico is capable of being considerably
augmented. The free introduction of quicksilver,
and a diminution of the dutyand charges on coinage,f
will tend very much to that effect, and under a
government, which will inspire confidence and secure
credit, it is impossible to conjecture to what extent the
extraction of the precious metals maybe increased." |'
All these statements are amply confirmed by the
fact, that the owners of the richest Mines, such as
the Valenciana, Rayas, Real del Monte, artd Veta
Negra, have willingly entered into contracts with the
Mining Companies, to whom they give up the ma
nagement and large shares in the profits for a number
of years, on condition of advances of sufficient capital

* Poinsett's Notes on Mexico, p. 222.
t Precisely the effects which have since occurred.
I Poinsett's Notes on Mexico, p. 233.

15
to put their Mines in a working state, which advances
are to be, repaid out of the first profits.
The want of an adequate capital, then, is to be
added to the deficiencies and imperfections before quo
ted from Helms and Humboldt : to supply all these
defects, the Mining Companies will have in the first
place, a large subscribed capital ; a larger capital
probably than was ever before at the disposal of
persons undertaking to work any of the Mines,
and it is by no means clear that the English Com
panies by dint of their capital alone will not be able,
independently of any improvements they may introduce,
to pay all their expences and make a considerable
profit in a short time ; on the contrary, if their Mines
be well chosed, experience shows they will be able to
do so. They will have the advice and assistance of
experienced Miners taken over from this country, and
they will be able to apply to the Mine- works a highly
improved state of machinery ; in the application of this
machinery they will not have to contend with the pre
judices, of persons already pre-possesaed against such
new methods^ as may be seen from another part of the
Rfgpwt of Alaman the Minister, November, 1 823.

16
" Several foreign capitalists are ready to invest
large funds in draining and working the principal
Mines, which, from the disastrous consequences of the
war, have been overflowed, and not regularly worked.
The steam engines, which it is intended to introducef
and of which two are now being erected, the one in
Temascaltepec, the other in Catorce, will powerfully
contribute to so important a result."*
If these vast and powerful engines, in all the Dis-,
tricts where there is fuel to supply them, could once be.
set in motion, they would speedily operate to draw off
the water from the inundated Mines, and thus furnish
a complete and ample remedy for the principal evil.
It is to be observed, however, that the application of
the steam engine will be by no means an easy atchieve*- .
ment, on account of the vast expences of introducing
foreign iron, of the very little attention which has been
paid to the manufacture of iron, and of the extreme
dearth of fuel which prevails in many parts of the
* So far from being unpopular the English are hailed in
Mexico, as the restorers of the Valenciana Mine, the success
of which is considered as interwoven with the national pros
perity, and which is called " The Mine of the People."

17
country. In some places it will be much more easily
accomplished than in others ; in South America more
easily than in Mexico, and in parts of South America,
Chili for instance, where there is wood and coal,
according to Caldcleugh, to be procured in abun
dance,* more easily than in others. In Mexico, it
seems probable that the draining of the inundated
Mines, must be accomplished by the methods formerly
in use, with the assistance of English capitals ; and
the remarkable abundance of horses and mules
trained to this object, with the cheapness of their
labour, will probably effect all that is necessary in this
way. With regard to the want of communication between
the different works, some idea of the importance of
such an improvement may be formed from the
consideration that in the American Mines, it fre
quently happens that where two galleries in a Mine
are situated at a very small distance from each other,'
a workman wishing to go from one to the other, must,
from the circumstance of there not being any lateral

* Caldcleugh, Vol 1, p. 355v
c

IS
cut or communication, trace his steps back to the
entrance shaft, and thus proceed, perhaps, half a mile,
round, to gain the desired spot.
It will be observed in one of the extracts, that,
Humboldt, speaking of the modes of remedjnng this
evil, suggests in some cases, " the making of railways
on which the ores destined for amalgamation might be
easily rolled along." If iron railways be here in
tended, they must be effected, one would suppose, by
undertaking the manufacture of iron in the interior,
but very little has been accomplished hitherto,
towards so desirable an object. There are undoubt
edly, both in South America and in Mexico, mountains
containing iron, copper, lead, quicksilver, and other
valuable mineral substances, besides the precious
metals, which would be useful in agriculture and the
arts,* but their working has been much neglected*

* Humboldt, Vol. III. p. 104 to 107. See also the Abbe
Clavigero's History of Mexico. " In New Spain, Chili, and
many other countries of America, numerous Mines of good
iron have been discovered, and if it was not prohibited to work
them, in prejudice of the commerce of Spain, America could

19
because the Spanish Government discouraged it, in
order to make America dependant upon the Biscayan
iron and the quicksilver of Almaden.
The expences of introducing foreign iron for the
purpose of making railways would be enormous. In
Mexico particularly, where the country rises in all
directions immediately on quitting the coast, and is, in
fact, a continual Table-land, there is very great dif
ficulty in the transportation of the machinery and
other bulky articles, and the country wants also the
advantage of inland navigation : a few rivers, such as
the Santander and Panuco, are navigable to some
extent, but even with these and other inlets, there
remains so great a tract of country to be travelled over
by land, as makes the introduction of foreign iron', for'
such a purpose almost impracticable.'
For the supply of quicksilver, atr article s6 necessary

farnish Europe all the necessary iron, in the same manner as she
supplies it with gold and silver. He adds, upon the authority
of Herrera, that in Tzacatecas, a maritime province of Mexico*
fhere are two sorts of copper, &c." Vol. III. p. 369.
C 2

2C
to the process of amalgamation, the natives of Ame*>
rica have almost always been obliged to trust to foreign
countries. During the latter years of the working of
the Mines, the Spanish Government caused them to
be supplied with the quicksilver necessary for amal
gamation from its own Mines in Almaden, and by
Austria, under the well-known Idrian contract.
At present, it is quite open to the Mining Com
panies, either to work the Mercury Mines of America,
for this purpose, (i. e. to contract with natives for the
working of them), or to supply the Mines, in which
they are engaged, in any way which they may consider
the most economical.
How conducive a cheap and regular supply of
quicksilver is to the procuring of the metals, may be
seen from the following table, quoted by Humboldt,-
from a Spanish author:* it shows the influence of
the price of mercury upon its consumption,

• Humboldt, Vol. III. p. 285.

21

From 1762 to 1766

Price of Mercury
per quintal.
82 Dollars

Quintals. consumed. 35750

1767 to 1771

62

42000

1772 to 1777

62

58000

1778 to 1782

41

59000

The larger consumption of mercury indicating, in all
cases, a greater quantity of metal procured.
m
Quicksilver has, for some time past, been bought in
London at about two shillings per lb. and there seems
no reason to apprehend either a rise of price, or an
insufficiency of supply. In those districts of America
where fuel is abundant, such as Chili and parts of Rio
de la Plata, and even some places in Mexico,* the
process of smelting appears likely to supersede that of
amalgamation, so that it will be practicable for many
of the Mining Companies to add greatly to the
quantity of metals produced, without increasing the

* In Sombrerete, i. e. the Mines last mentioned, as having
been acquired by the United" Mexican Conlpany, 18 or 19
furnaces are effectually and constantly at work : tins I mention
upon the best authority, upon which such a fact, not hitherto
published, can be communicated.

22
consumption of mercury. Besides, the attention of
ingenious chemists, now strongly directed to the
methods of reducing ores, will, in all probability give
birth to processes more expeditious, or less expensive,
than either smelting or amalgamation in their present
?tate:* Now without being sanguine enough to hope that
all these improvements will grow under the hands of
the Mining Companies, and still less that they will
start up instantaneously, let us only suppose that
some few of them may be effected; let us consider
for a moment the effect of one such change ; if it
takes place in one Mining District with benefit, it will
be followed in another, and though trifling in itself,
yet when repeated a thousand fold in its operations,
it will be productive of very important consequences.
Suppose, for instance, it shall be discovered that the
metal in a Mine can be prepared with less labour, with
less loss pf quicksilver, or^by any other improvement

" An important discovery has lately been submitted to the
Mining Companies, and has been approved of by Sir Humphry
Davy, and Dr. Woollaston.

23
that shall effect ever so small a saving in the reduction
of one pound of ore : in every pound that shall be
reduced, this same advantage will arise; and when it
is considered that the annual produce of an average
Mine, amounts to many thousand pounds of ore, the
sum of these savings will be very large, and the
benefit accruing from one such change highly deserving
of consideration ; but suppose two or more of these
beneficial changes, of which it has been shown the
mining system is susceptible, to take effect, then we
shall have fresh advantages, of equally extensive
operation, to add to the former ; and if the English
Associations could so far perfect the system as to
introduce all the improvements that have been pointed
out, undoubtedly a very great result would arise from
the combined effects of so great a saving in expence,
labour, and time.
To these considerations there is one very important
fact to be added. Almost all the Mines, which are the
subject of the mining speculations, are such as have
in former times been profitably worked, but in which,
owing to some of the causes above suggested, a
cessation has been occasioned ; the money embarked,

24
therefore, will not be squandered away in vain at
tempts to discover what may only exist in the imagi
nation of the speculators, but will require only good
management, and a certain interval to elapse for
defraying the expences of the first outlay, in order to
yield a profit.
Notwithstanding all these facts and reasonable
prospects of the Mining Companies, there are many
persons, who, not contented with doubting the possi
bility of their making such a profit as will more than
cover all their necessary expences, or not confining
their apprehensions to an alteration in the relative
situation of America and Great Britain, by the
breaking out of direct or the adoption of indirect
hostilities towards each other, either of which might
be reasonable grounds of distrust, carry their timidity
to an unaccountable length, and profess to doubt
lyhether there be after all, any real intention of
working the Mines, or whether there really are any
Mines capable of being worked with advantage : woful
pictures are drawn of unhappy natives who have been
ruined in former times, by a too eager pursuit of the
precious metals, and we are informed that such under-

25
takings are notoriously ruinous, and have led to th«
proverb, ",A silver Mine brings misery, a gold one
ruin." That this very saying may have been verified
in former times may be admitted, but let persons who
are inclined to lay any stress upon it, call to mind the
.circumstances under which it arose. The Mining
operations were often carried on in former times by
persons who seemed to have supposed that the mere
possession of a gold or silver Mine was the unfailing
road to wealth, and who, being wholly engrossed with
tiiis idea, overlooked all the material circumstances,
which, by going hand in hand with the progress of
their speculation, could alone insure the acquisition of
such wealth ; they attended only to the search after
the metals; they neglected not only the cultivation
of their own country, which, properly attended to,
would have supplied them with the natural objects of
a nation's consumption, but even the mineral pro
ductions of their own soil, which would have furnished
them with the means of working those very Mines. In
preference to the iron, copper, lead, quicksilver, and
other minerals, which the New Continent undoubtedly
possesses, the natives have generally chosen, or Spain
has chosen for them, to trust to foreign nations for

26
these most important articles. When the commu
nication with the countries furnishing them with iron,
or quicksilver, has been cut off, the greatest distress
has prevailed, and though upon such occasions the
natives, thrown upon their own resources, have dis
covered that these articles might be procured at home,
they have, upon the very first opportunity, returned to
the former system, and devoted themselves exclusively
to the search after the precious metals, without any
security for a regular supply of either iron or quick--
silver. They have often pursued their schemes at the
instigation of profligate agents, who have worked upon
their minds by absurd prognostics of approaching
wealth, till mining speculation has become a blind
and desperate passion, instead of a rational under
taking, and they have, in many instances, improvidetitly
expended their capital, in the investigation of places,
where nogold or silver actually existed, or have begun
the erection of large works with slender means,
trusting to contingent assistance, which has been
afterwards refused, when most they stood in need of it.
The reverse of all this is true of the Mining Com-

27
panies. They commence their undertakings with a full
knowledge of the true interests of persons engaged in
such enterprises ; with improved means of carrying on
the necessary works ; with information as to what
supplies will be required ; with a capital to procure
them, and lastly, with the satisfaction of knowing, in
most cases, that the very Mines in which they are
engaged, have, when properly worked and supplied,
yielded an abundant profit,*
What then is to prevent them from so far succeeding
as to be able to do with greater means what has been
before accomplished with less ? Or does a Mining
Company possess a quality the reverse of that which
is related of Midas, of turning, by its touch, what is
already gold to dross ?
We may conclude that large returns will be made

* It may be observed here, that the arguments which have
been adduced against Mining by Adam Smith (Wealth of
Nations, Vol. II. p. 155), and by B-obertson following him
(Amer. Vol. IV. p. 66, and seq.) are directed entirely against
t he search after new mines.

28
from the Mines ; whether they will be suffcient, and
how soon, to cover all the expences necessary in the
first instance, and to yield the companies a profit may
be estimated by considering,
Secondly, The nature of the contracts entered into
by the Associations, and their validity, according to the
laws of America.
Upon this part of the subject it is necessary to
observe, in the first place, that there is nothing unusual
in this mode of working, or supplying, Mines by
contract ; but that in so doing, the Mine-owners and
the Associations are following exactly the track
pointed out by the Ordinances themselves. In the
working of Mines, the magnitude and expence of the
operations have generally made it necessary that the
undertaking should be borne jointly by several
persons. The manner of arranging such transactions
was usually this ; the Mine-owner contracted with
one or more adventurers, who undertook to carry
on the works at their own expence; the expences
of the working and the duties* to the King upon the

* The duties then payable to the King are now payable to

29
metal procured and coined, were generally paid first.
of all out of the gross proceeds of the Mine, and then
the net profits were divided between the Mine-owner
and the contractor, or contractors, in the proportions
previously settled by the contract.
One whole chapter of the Ordinances* is directed
to the relative situation of the Mine-owner and such
contractors, who are there called Mine-suppliers
(Aviadores), and to their mutual rights and interests.
In the situation of such supplier or contractors the
Mining Associations have placed themselves ; let us
see what degree of property in Mines they are capable
of acquiring.
By several statutes in different Spanish codes, and
particularly by the Ordinances, Chap. VII. Sect. 1.
foreigners are prohibited from acquiring or working
and supplying Mines. These disabling laws have been
repealed, to a certain extent, by a law of the Sovereign
the Governments. Humboldt calculates them for all Spanish
America at 13 per Cent. They are now very considerably
reduced under the different Governments.
* Ordinances, Chapter XV.

go
Congress of Mexico, dated October 8, 1823.* In
South America the Governments have, in some cases,
passed similar laws, in others have granted an express
authority to foreigners to work and supply the Mines,
and to acquire rights in them or their produce.
This Mexican law, enabling foreigners to work and
supply the Mines, requires some attention, as it
implies a doubt as to the extent to which they may
acquire a property in Mines.
The second clause, of this law, which professes to
explain the degree of property they may acquire, says
expressly, " This repeal shall extend only to enable
foreigners to contract with Mine-owners for supplying
them with capital in all the modes which are usual in
such contracts upon the terms that shall be most con
venient to both parties," which expression is sufficiently
clear ; but it adds, " so that they may even acquire in
property shares in the concerns to which they supply
capital, "/hasta poder. adquirir enpropiedad acciones
en las negociaciones que habiliten), which is not quite
so satisfactory. * See Appendix, No. III.

31
The fifteenth Chapter of the Ordinances, which
treats of Mine-suppliers, particularizes two methods
in which they may be repaid for the supplies they
advance; one, by their taking the gold and sijver ex
tracted at a price below the real value, which method
is called (aviar a premois-de platas), having the
benefit of the difference; the other by the proprietor
giving the supplier a share in the Mine, making him
a perpetual proprietor thereof, or of the metals for a
certain time, by a species of partnership, (interesan-
dose el Aviador en parte de 2a Mina, haci&ndbse para
siempre Dueno de ella, 6 de los metales por algun
tiempo por especie de compania.) The precise words
used in this last expression, which contains the largest
right vested in the native Mine-supplier by the Ordi
nances, have not been adopted in the new law respect
ing foreigners, but the words " perpetual proprietor
thereof by a species of partnership," are at least as
strong as those in the new law, " acquiring in property
shares in the concerns which they supply." We may
therefore conclude, that the new law did not contem
plate the giving to foreign suppliers a greater right than
was permitted by the Ordinances to persons in that
situation being natives. Let us see then how the fif
teenth Chapter of the Ordinances explains the sort of

proprietorship, which it has enabled the suppliersto
acquire. In the first place, severaf of the Sections of that'
Chapter, in reference to the mutual rights and duties
of the Mine-owner and Mine-supplier, describe the
contracts as subsisting between these persons by the',
name of Owner, on the one hand, and Supplier, on the
other, as well in cases where the contract is in the way
of partnership, as where it is by premium on the
metals. For instances of this, take Section v. of this'
Chapter, " Accidents happening on the road shall be
at the expence of the Mine-owner where the contract
is by premium upon the metals ; but where the con
tract is in the way of partnership, ^uch costs shall be
at the expence of both, unless any other mode be
particularly expressed in the deed of agreement*'
Take the latter part of Section vi. — " If the capital
supplied to such Mine has not been furnished in the
tyay of partnership between the Contractor^ and
Mine-owner, in which case," &c. And also Sect, i x.
" When the contract of supply is made in the way of
partnership in the property of the Mine, the capital
invested, until the time when there shall be a surplus
profit, over and above the expences, is not to be im
mediately deducted from the profits with prefereiice

33
to the contractor, but the profits are to be divided;'
the capital remaining so invested during the continu
ance of the partnership." This last section alludes,.
expressly, to the termination of the partnership, by
which expression I understand the termination of the
contract, either according to its original terms, or by
some new agreement made between the parties. — It
may be said that the termination here alluded to is that
which might take place upon the sale or transfer by
the supplier of his share in the Mine, considering him
as a proprietor, and as having a right to alienate his
share. But by inference from this clause the capital
invested is to be withdrawn at -the conclusion of the
partnership, a proceeding wholly inconsistent with
his having become an absolute proprietor of any part
of the Mine, for that capital is the very price which he
has paid for having become such proprietor.
Besides, if this construction were to prevail, and the
supplier to become an absolute proprietor in partner
ship, the Mine would then become one of those Mines,
worked in partnership, which form the subject-matter
of another whole Chapter of the Ordinances,* and
* Chapter XI.

34
would no doubt, have been referred to, and placed ;
under the provisions of that Chapter; for the Ordi
nances are a very minute and particular Code of Laws,
which continually refer to provisions previously laid
down, wherever such provisions will apply.
At any rate, according to this construction, there
would have been found in Chapter XV. itself, some
provision for the very probable cases of sale or aliena
tion by the supplier of his share in the property; and
yet no such provision any where occurs. If it be
asked, What, then, is the right which is conferred
upon suppliers, by this second mode of being repaid
for. their supplies, I answer, it is the being entitled to
the whole proceeds of a certain part or parts of the
Mine, whatever such proceeds may be, as distinguished
from a premium, or per-centage, upon the proceeds of
the whole Mine. »
, These reasons appear to me conclusive that the
Mine- supplier, and above all, that foreign Mine-
suppliers, have not the right of acquiring any absolute
property in the Mine?, according to the laws of
Mexico; but I have entered into. this discussion, be
cause I find that there are persons of great intelli-

35
gence and of experience in the Mines of Mexico, who
think that they have a right of acquiring such abso
lute property.*
Whatever may be the true construction of the laws
relating to Mine-suppliers, whether native or foreign,
it appears, at any rate, more for the advantage of
foreigners to supply the Mines upon the terms of
receiving a premium, or per-centage, upon the metals,
than upon the footing of becoming the absolute pro
prietors. For upon this latter supposition, they must
be supposed to pay the full value of the mine in
question, either in number of years purchase, or by
whatever other mode the value of property in that
country may be estimated. Now this is the very
situation which they ought to avoid ; for in case of a
rupture between the countries, which, though highly
improbable, at present, may possibly arise at some

"* Upon this part of the subject see some valuable informa
tion at the end of these Observations, page 74, which has been
communicated to me, since they were sent to Press, by
Mr. Mornay, a gentleman of great intelligence, and' of high
consideration in the mining world, and which was too important
to be crowded into a note.

36
future time, they may be unable to enforce their rights,
and will therefore have made an unnecessary sacrifice.
Their object, oh the contrary, ought to be to place
themselves on the footing which will most certainly
and most speedily repay them for the capital they
have advanced.
By the Chapter above quoted, suppliers upon the
terms of premium, or per-centage, enjoy advantages
over the other class of suppliers. They are exempted
from the expences occasioned by risks and accidents,
to which the others are liable, (Chap. XV. Sect, y.)
and the capital advanced may be paid off" in the first
instance, out of the profits, in the former case, but not
in the latter (ib. Sect. ix.).
While upon the subject of this Chapter, I would
1 observe, that by Section xiv. the inspector, who is
an officer placed in the Mine to watch over the inte
rests of the supplier, is prohibited from interfering
with the working of the Mine, which is there said to
belong entirely to the Mine-owner ; this prohibition
must be taken to apply only in cases where the agree
ment is not by a regular signed contract, such as is
described in Section r. of this same Chapter : where

37
such contract exists, as is almost always the case, the
management of the Mine, and the mode of working
it, may be vested in either party, according to the
provisions of the contract.*
The proprietors thus letting their Mines to the
Associations, have a perfect right so to do, being the
absolute and undoubted proprietors of the Mines.
It may have been supposed that an authority from the
Government would be requisite to enable the Asso
ciations to work the Mines, as considering the real
ownership of them to reside in the government : this
is not the case. The mode of acquiring original
Mines, i. e. such as have jieyer been worked at all,
and decayed or inundated Mines, will be seen in
Chapter VI. of the Ordinances. For the vesting of
this species of property in the subject, see the King's
Grant, Ordinances, Chapter V. Section n. from which
it appears, that on condition of paying certain duties

* I am informed, by persons intimately connected with the
Mining Companies, that they have, in almost all cases, stipu
lated that the management of the Mines shall be vested in
them.

"38
to the king, and complying with the Ordinances, the
Mines* are vested absolutely -in the individuals ac
quiring ' them ; these= duties, and not any property in
the Mines, being the source of the large sums received
in former times by the Spanish Government.')"
The Mine^proprietors then have the right of
letting their Mines to be worked by the Associa
tions, and the Associations of entering into contracts
for working and supplying them, by the laws of
America. In addition to this, the Governments are
lowering the duties, and offering every facility to the
Associations,' for the purpose of enabling them to work
the Mines- with ad vantage; J
How soon may the Companies expect1 such returns

* The tenure by which the Mines are held, seems to be what
would be called in our law, that of a fee simple conditional.
t Humboldt says, " All the metallic wealth of the Spanish
Colonies, is in the hands of individuals; the Government pos
sesses no other Mine than that 'of Theanca Velica, in Peru,
which has been long abandoned."
I See an Extract from the Mexican Tariff. App. IV.

39
as will pay their expences, and yield a profit ? After
,that, how long may they fairly expect to work the
.Mines at such profit?
Undoubtedly they have been, and are , at, a very
. great ^ expence, in r^stpring the Mines, to a working
, condition, and supplying them with the necessary
materials. The chance of an adequate return in any
case, depends upon the state of the Mine in question,
at the commencement of tjie undertaking; upon the
magnitude of the works, and the expences jncurred.
As yet no complete accounts of the progress made,
have heen transmitted ;- indeed, only. sixteen, months
have elapsed since the, formation of the earliest of
. . sr ; ' - ¦.-¦./!¦'¦ oil ;r • ;r r.'ii P' 'j
these Societies;*, and the commencement of operations
did not take place till some time after. Tins Com
pany was associated for the,. working, of the Valen-
ciana and ,Qt^er Mines; and as it was the.^rst
formed in point of time, and as Humboldt gives a
detailed account of the expencesandprofits of work
ing its principal mine for a certain number of years,

* The Anglo-Mexican Company was formed in January,
1824.

40
perhaps, in the absence of immediate information, we
may form some estimate of the probable result from
his account. This Mine is situated on the vein of
Guanaxuato, in Mexico. Humboldt says, that the
part of the vein where it is situated, had not been
much worked till the year 1760, when it was under
taken by Monsieur Obregon, afterwards the Count
de Valenciana.*
In the year 1771., the first great profits com
menced, and continued for above thirty years, the
Mine during that period never yielding an annual
produce of less than £583,000 sterling. The
period for which he gives the detailed account of its
whole proceeds, expences and profits, is from 1794
to 1 802, inclusive.! During these nine years, the
average annual expenditure was 890,000 dollars, or
£ 178,000 sterling, nearly; and the average annual

* The early history of this Mine, the disappointments, per
severance, and ultimate triumph of Monsieur Obregon, are a
most interesting account.
t Humboldt, Vol. III. p. 199.

41
net profit, about 640,000 dollars, or somewhat above
£120,000 sterling.
In the first year, the expences will be much larger
than afterwards, on account of the necessary repairs
and refitting of the Mines : whether in the course of
that year, or how soon afterwards, a clear return over
and above all expences may be expected, must depend
upon the first accurate accounts of the proceeds and
expenditure, and of the progress made. Whenever
that time shall come, the Mining Companies have a
right to calculate upon working the Mines for a con
siderable length of time, in conformity with their
contracts ; and if the profits should be in proportion
to those which are detailed for the nine years, quoted
from Humboldt, of the Valenciana Mine, it will be seen
in the case of the Company which is working that Mine,
(and which is only taken for an example, as corres
ponding with the only Mine mentioned in this parti
cular manner by Humboldt), that the clear profits
would, in a very short time, pay oft' all conceivable
expences, and yield a large profit. The capital of the
Anglo-Mexican Company is called one million, but
this is only nominal, at least, until farther advances

42
tshall be called for by the directors, the sums hitherto
advanced by the shareholders are £20 upon each
share, there being 10,000 shares; the real capital,
therefore, is £200,000. The net profits to be divided
among the shareholders, for the years quoted from
t Humboldt are £120,000 sterling, per annum; i.e.
more than twice the, interest at five per cent upon the
whole nominal capital, supposing it to be all advanced,
and considerably above half of the whole capital hitherto
advanced, or above sixty per cent, profit. If the part
of the -Valenciana Mine,; to be worked by this Com
pany, be not so extensive as the part which was
worked by the proprietors, at ; the time of which
Humboldt speaks, then the whole profits will not be
so large, but neither will the, expences of working for
the same reason,' so that the clear profits may still
remain in the same proportion.
The duration of the partnerships is,, in most cases,
limited by the contract. Even if this were notithe
case, it could not be expected that the English Com-
i panies should continue to work the Mines for a very
long period after they are once restored to a profitable
state of working. iThe natural causes which have
contributed to the undertaking of these operations by

43
the Companies, will, by their cessation, point out the
natural conclusion of the undertakings.
The time will come, supposing the undertakings to
prosper, when the native proprietors of Mines, if not
indulging in extravagant expenditure, will have ac
quired sufficient capital to continue the working of
their own Mines, ; and when the improved methods,
which may be introduced by the English Companies,
shall have become a part of the Mining System of
America. With a view, no doubt, to the arrival of
such an epoch, the contracts have, in general, been
framed of a limited duration. Until it arrives, we
have the best possible security, the interests of Ame
rica, that the contracts will not be violated ; after
wards, and till the proposed expiration of the con
tracts, it is not too much to suppose that, made as
they have been, at the anxious wish of the natives of
that country, and sanctioned by many, if not all, of
its different governments, they will remain valid and
effectual, and entitle the Companies to all the benefits
that shall result from the successful working of the
Mines.

44
Thirdly. We are to consider the footing upon which
these Mining Associations stand in point of legalityi
and in so doing it will be proper to dismiss from our
attention that part of the subject which relates to the
liability of partners, as this, though perhaps the most
important part of the question, falls properly under
the head of the expediency of the Associations, and
will be considered afterwards. Confining ourselves to
their legality, all associations of this kind, not having
the sanction of Parliament, are in their nature nothing
more than private partnerships, upon a larger scale,
liable to a continual charge of interest, and fluctuation
of persons in the partnership ; and if there be no frau
dulent intention on the part of persons so associating
themselves, and nothing proposed which is contrary
to the enactments of any statute, there is nothing
to make this particular sort of partnership illegal;
that this has been, and continues to be, the case, may
be inferred from the circumstance that where it has
been thought advisable to prevent more than a certain
number of persons from carrying on any particular
business, an act of Parliament has been necessary to
limit the number in such cases accordingly; from
which it follows, that, in the view of the legislature,

45
without such enactment the business might have been
carried on by an unlimited number, and that in other
cases, where no such enactment has taken place, the
privilege of carrying on the business in the same un
limited manner still remains. A familiar instance of
this species of regulation, is the statute 6 Anne,
c. 22, which, out of favour to the Bank of England,
prohibits any number of persons exceeding six, from
uniting themselves in partnership, for the purpose of
issuing banker's promissory notes.
At common law, therefore, it appears that such
Associations are good and valid, and we must look to
some statute, before we can throw any doubt upon
their legality, which brings us to the statute, 6 Geo. I.
This statute was passed, as is well known, in the year
1720, to restrain a spirit of speculation which pre
vailed very generally about that time ; its preamble
is very vague and general, and its enacting clauses so
uncertain, that it has necessarily been left to the inter
pretation of the Judges : however, the offences which
appear to be marked out by it, are, 1. The institu
ting any speculative undertakings to the prejudice and
inconvenience of the public. 2. The presuming to act
as a corporate body. 3. The raising, or pretending

46
to raise, transferable stock. The last of these, with
the interpretation- put upon it by the Bench, is, that
which principally deserves our attention.
The first of them surely must have been intended.
to apply solely to Associations where the objecti
proposedi was one, which, in the opinion of a com
petent tribunal, would be injurious to the country, as
being injurious to any branch of its trade or manu^
facture; holding out to the world, that they possess
some advantage, which they either do not, or ought
not in law to possess, and so temping persons to be
come share-holders upon false premises, or by any
other means, which would obviously produce some
injurious consequence to the public. It never could
have been intended to comprehend under the mischief
and injury mentioned in the statute, any but a direct
ill consequence, not, for instance, that remote evil
which might arise to the speculators themselves,.
where the object of such speculations might be other
wise unexceptionable, because that would have been
in effect to have prohibited speculation altogether, or
to have left it to be enquired in each case, whether
the speculation was likely to be attended with
success.

47
Then as to the presuming to act as a corporate body,
how great a difficulty would there be in determining
what should be considered as usurping the privileges
of a corporation. Many acts, which, from their
having been always adopted by corporate bodies^
might be from custom almost defined as the privileges
of a corporation, are in reality no more than acts
which may be practised with perfect legality by
every private partnership in the kingdom. Any
number of persons associated together for the pur
pose of trading or doing any other legal acts what
soever, may style themselves by a common name,
may, make bye-laws for the regulation of their mutual
conduct, and do other things which are in general
practised by corporate bodies.
By looking at the cases which have come before
the Courts under this statute, it will appear that the
Judges have directed their attention principally to the
last head, namely the raising, or pretending to raise,
transferable stock.
The King <o. Dodd,* brought before the Court of

9 East's Reports, 516.

48
King's Bench in the year 1 807, is the first case under
this statute. It came on in the shape of a motion
by the Attorney General, on the part of a private
relator, for a criminal 'information against the
defendant as the promoter of two schemes, both
alleged to be contrary to the 6 Geo. I. c. 18. s. 18.
By one of these it was proposed to raise by subscrip
tion £50,000 by 2500 transferable shares of £50 each,*
payable by instalments not exceeding £10 per cent. .
the whole to be under a deed of trust or enrolment in
Chancery, by which no party was to be accountable
for more than the sum for which he should subscribe
under the regulations of the Company. This was
called a " Prospectus for a London Paper-manufac
turing Company." The other was called a " Prospec
tus of the intended London Distillery Company," by
which it was proposed to raise £] 00,000 by two thou
sand shares of £50 each, payable by instalments not
exceeding £10 per cent, at twenty days notice, add
ing a like clause about the enrolment of a deed in
Chancery, and the non-accountability of the party
beyond the sum stipulated to be subscribed. The,
* There is some mistake in the numbers or sums here, but
it is so stated in the Report.

43
information was refused, not upon the merits of the
ease, but partly on account of the length of time that
had elapsed (eighty- seven years) since any legal pro
ceedings had been enforced against offenders under
this statute, and partly because the person,' at whose
suit the information had been moved for, did not
shew that he had himself been injured, and therefore
was not of that class of unwary and deluded persons
for whose protection the statute was passed. The
Court therefore declined to interfere in that extraor
dinary manner, but intimated a strong opinion against
companies composed of joint stock and transferable
shares (i. e. generally transferable), and said ex
pressly that the clause holding out to the world that
no person should be accountable beyond the amount
of the share for which he should subscribe, was a.
mischievous delusion — had the Court therefore thought
this a proper case for their interference, this latter
would have been a sufficient ground for their granting
the informationv In this judgment not a word is said
about such societies as should make their shares
transferable under certain limitations, as with the1
consent of directors, &c.

50
The next case of importance is the King v. Webb
and others, 14 East, 406. The offence charged was
the subscribing to raise a sum not exceeding ,£20,000,
to be divided into not more than 20,000 shares, for
the purpose of buying corn, grinding it and making
and selling flour and bread for supplying Birmingham
and its neighbourhood. The offence had been laid
in various ways in the indictment,* one count of
which charged the defendants with presuming to act
as a corporate body ; another with pretending to raise
transferable stock, assignable from the holders thereof
to others at the pleasure of such holders ; another
with countenancing an undertaking which tended to
the grievance, prejudice and inconvenience of the
public — this indictment, therefore, comprehends all
the offences of which we have been treating — let us
see how the Court of King's Bench disposed of it. —
Upon some of the counts in the declaration the
defendants had been acquitted —upon others the Jury
had found a special verdict which, after setting out a
deed, containing covenants to be entered into by the
* The indictment had been found at the Quarter Sessions,
and removed into the Court of King's Bench by certiorari.

51
originals holders, or partners, stated among other
things (many of which I need not particularize, be
cause they do npt seem to have influenced the Court
in their judgment,) That according to the regulations
of the Company, no person should at any time sell or
transfer any share to another, or in trust for any
other, unless the person to or for whom the same
should be sold or transferred should enter into such
covenants with the rest of the partners, for the time
being, or their trustees, in the same manner as he
must have done had he been an original partner and
parly to the original deed. The verdict also found
that each holder in respect of his share should
weekly purchase from the co-partnership, at the prices
fixed by their committee, a certain quantity of
flour and bread, not exceeding in value one shilling
per week for each share, on pain of forfeiture of the
share, and that the Company was originally instituted
from laudable motives, and had been and continued to
be beneficial to the inhabitants of Birmingham and its
neighbourhood, but was prejudicial to the bakers and
millers of the said town and neighbourhood. In
delivering the judgment of the Court, Lord Ellen-
borough divided the acts supposed to be made out
e 2

52
against the defendants into, — First, raising a large
capitalby subscriptions to enable them to buy and
grind corn for making bread and flour; Secondly,
baving transferable shares, and presuming to act as a
corporate body. He said the first was clearly
established^ — as to the having transferable shares he
said, that as there was an obligation on every holder
to enter in to covenants to conduct himself as if he had
been an original partner, and as the regulations of the
Company made it necessary that each holder should
reside at or near Birmingham, or have an agent there
for the purposes of the Company, the shares could
not be said to be generally transferable — and he
added,, that for any thing, which appeared in the deed
of the Company it might be essential that upon each
transfer of a share the consent of the other Members,
or of the Committee, should be obtained.* With
regard to the presuming to act as if they had been a
corporate body, Lord Ellenborough said, " How
many unincorporated insurance companies, and other
descriptions of persons, are there that use a common

* In the principal Mining Associations it is actually a con
dition that the consent of the Directors should be obtained*

53
name, and have their committees, general meetings,
and bye-laws — are these all illegal ? or which of these
particulars can be stated as being of itself the dis
tinctive and peculiar criterion of a corporation ?" —
And after going through the act, he concludes thus :
" The subscriptions, therefore, which the statute
contemplated, were subscriptions upon dangerous
and mischievous projects, where the pretences of
public good were false, and where the unwary were
drawn in to subscribe — the act does not apply indis
criminately to all subscriptions. The purpose in this
case is found to be beneficial — therefore the only
question is, whether as the shares in this institution
are, to a certain degree, transferable, the defendants
have offended against this act, in respect of having
raised a subscription of such transferable stock ? It
may admit of doubt whether the mere raising trans
ferable stock is in any case (even generally transfer
able stock therefore) per se an offence against the
act, unless it has relation to some object of an injuri
ous tendency. But without entering particularly
into that point it may be sufficient to say here that in
the qualified extent to which such shares are trans
ferable, there has not been such a raising of transfer-

54
able stock as to fall clearly within the scope of the
act." And judgment was accordingly entered for the
defendants. One case which was decided shortly afterwards, I
think it necessary to mention — Pratt v. Hutchinson,
15 East, 511. It was an action of debt brought by
the Treasurer of a Society for raising subscriptions
for the purpose of building houses, againsta person
who had bound himself in a bond, conditioned for
the fulfilment by third persons, of certain undertakings
connected with the society. That the condition of
the bond was broken was not disputed, but the de
fence was that, the society not being instituted by act
of parliament, or other legal authority, the obligation
was void in law by force of the statute 6 Geo. I.
There was a deed of rules for the regulation of
this society by which it was declared, among other
things, that every member should have full power at
all times to sell his shares privately, whenever, and
at what price, he should think proper — that the
secretary should transfer the same in the transfer
book of the society— ^-every purchaser becoming a

55
member was on his admission to become a party to
these articles, and no person permitted to purchase a
share till he should have been first proposed and
approved at a meeting of the said society, by at least
three-fourths of the members present — there was a
stipulation in the articles that certain particular
tradesmen, and no others, should be employed by
the society, and upon this it was objected on the part
of the defendant, that such a stipulation was in
restraint of trade, and against the general policy of
the law. But the objection was not allowed, and as
to the other point of more general application, the
transferability of the shares, Lord Ellenborough called
upon the defendant's counsel to state upon what
grounds it could be contended that the shares created
by this agreement were transferable stock, within the
meaning of the statute 6 Geo. I. when the holder
had not the power of transferring his share, except
upon certain conditions, namely, upon the purchaser
being approved by the society, and becoming a party
to the articles — and the Court gave judgment for the
plaintiff". The result of these cases is that where the shares

5*
in a society are only transferable upon certain con
ditions, the society is not, in respect of the transfer
ability of the shares, illegal : if we look to these
conditions in the cases which have been decided, we
shall find that the purchaser of a share by comply
ing with them, puts the directors of the society, or
whatever body may have been appointed to conduct
its affairs, in possession of the facts which it is most
important for them to know, the name, character, and
responsibility of the new shareholder — by means of
such conditions the managers for the Company, and
through them the public, can at all times reach the
present possessors of the shares — without them it
"would very difficult and sometimes impossible to do
so, the managers or directors would have no names
on their boards, but those of persons who might have
parted with all theirL interest, and might not even
know where to apply for the occasional advances of
money which are necessary for carrying on the affairs
of the Company. This is a reasonable and just
principle, and has no doubt governed the cases that
have been decided under this statute.
And it appears also from these cases that the clause

57
in the statute about usurping the privileges of a cor
poration is little else than a mere nullity. For what
privilege of a corporation can these companies affect
or desire; above all, the companies for Mining in
America, who want no authority to do any corporate
or other acts for which application is usually made to
Parliament? the single privilege they could desire
would be a dispensation from the laws relating to
partners — to be put in such a situation that each
holder should be responsible only to the amount of
the sum for which he should subscribe — and this pri
vilege if they presume to bold out to the world that
they possess, without the authority of Parliament, they
are acting illegally, not on account of the accidental
resemblance to the situation of corporate bodies, but
on account of the mischievous delusion which they
are practising upon the public, and which brings them
in that respect within the statute.
With this view of the act 6 Geo. I. let us look at
the case, which was decided under this act a short
time ago in the Court of King's Bench. It was the
case of Joseph v. Peberers, Hil. Term, 1 825. The
plaintiff sought to recover from the defendant th#

58
price of certain shares bought for the defendants by the
plaintiff in the Equitable Loan Bank Company. It
was proved that the shares were generally transferable.
The plaintiff had a verdict, with liberty to the defend
ants to move to set aside the verdict, and enter a non
suit. On the Court being moved for this purpose,
the rule was made absolute for the defendant, and
the judgment proceeded upon two grounds — 1st. That
the Company had made their shares generally trans
ferable ; and 2dly. That they were usurping the pri
vileges of a corporation. Now with perfect acqui
escence in the judgment itself, it seems the fair result
of the cases already considered, and of the view which
has been taken of this statute, that the grounds of
this judgment are not equally strong, and that it may
be most safely rested upon the first of these grounds-
No particular acts appear in this case, and none are
set forth in the judgment, from which it can be in
ferred that this society were usurping the privileges of
a corporation; and therefore, as the shares were
generally transferable, and as that alone would, in
conformity with the other decisions under the statute,
make the society illegal, we may fairly enough attri
bute its illegality to that ground alone.

Upon the whole, then, if there be no misrepre*
sentation, designed or otherwise, in the expectations
which are held out to the public ; if the immediate
object of the Association be not mischievous, and if
the shares be transferable only upon the consent of
the body of shareholders, or persons appointed to act
on their behalf, in such manner as to disclose the
real possessors of the shares to the public, these Asso*
ciations, as the law now stands, appear to be on a
footing of perfect legality.
The last head which remains to be considered, is,
the general expediency or inexpediency of embarking
property in them. The danger which attends them
arises out of several circumstances ; — their liability to
the laws affecting partners ; the difficulty of ascer
taining the real value of the property which is the
subject of speculation; the possible interference of
Parliament. As to their liability to the partnership laws, there
seems no reason why persons becoming members of
such Associations, should not be subjected to the
same laws which affect persons entering into Other

6Cf
partnerships. The liability of a shareholder may be
considered in two ways; 1st. as it imposes upon
him the obligation of making good the engagements
©f ' the Company towards third persons ; and,
gndly. as it subjects him to all those which
subsist among the members of any partnership
towards each other, by the laws of the country, as
administered in courts of equity ; the dealings of
partners, both as among themselves, and as between
themselves and the world, forming under the head of
account, a subject of equitable cognizance.* In the
dealings between the partnership and third persons,
it is perfectly clear that, in the absence of any express
contract, the liability of each shareholder is of the
most extensive description : it cannot be more strongly
expressed, than in the language used by the Lord
Chancellor, in his judgment in the case of Kinder v.
Taylor. "f " It is fit that the public should know that,
however the shareholders may limit the responsibility
as between themselves, they cannot limit it as to third

* Blackstone's Commentaries, Vol. III. p. 437.
t On Tuesday, the 29th of March, 1825.

61
persons ; and every man who engages in these under
takings, is liable to the extent of every shilling he has,
or ever will have, and of every acre of ground he
possesses, or ever may possess."*
It is equally clear, that no stipulation inserted in
the deed by which the Company is constituted, can
restrict this liability. Lord Ellenborough said, in
the case of King v. Dodd (before alluded to) " As
to the subscribers themselves, indeed, they may stipu
late with one another for this contracted respon
sibility, but as to the rest of the world, it is clear that
each partner is liable to the whole amount of the
debts contracted by the partnership."
To obviate these inconveniences, and the confusion
which would arise from there being so great a number
of parties to the contracts, as there would be, if they
were made in the name of the whole Company, cer
tain persons are generally appointed Directors, and

• By this I presume is meant, for all liabilities, incurred
previously to his quitting the partnership, and even afterwards,
till legal notice of his having quitted it shall be given,

62
empowered to make contracts in their own names
only ; and provided third persons, with whom they
contract, expressly engage to look for the fulfilment of
such contracts to the Directors alone, there seems no
ground in law or equity why they should not be
bound by the terms of their own contract. Having
stated the purpose for which the Directors are chosen,
it is hardly necessary to observe, that the smaller
their number, the more completely that purpose will
be answered : it is desirable also that those persons
who, as Directors, are entrusted with the manage
ment of the Company, should be the trustees of their
funds, in order that those who make the contracts,
should have the disposal of the funds which are to
answer them, and that circuity of proceeding may be
avoided. Another, and perhaps a more effectual
expedient for accomplishing the same object, would
be the constituting as Directors a certain number of
persons at fixed, salaries, who should not share in the
profits and losses; whereby, the Company and the
Directors, standing in the relation of principal and
agents, would not be reciprocally responsible; and
third persons contracting, having elected to accept

63
the responsibility of the agent, could not afterwards
sue the principal.*
The shareholders are also liable to be harassed by
the caprice or discontent of any of their own body.
Partnerships subsist either indefinitely, or for a fixed
number of years, agreed upon at their commence
ment ; and they have, in most cases, a mutual deed,
containing certain terms or conditions upon which
the partnership is to be carried on. By the settled
usage of the Court of Chancery, any one partner may,
at any time, terminate a partnership subsisting inde-
finitively.f In such cases, the partner, disposed to act in this
manner, prays the court by bill to wind up the part
nership concern, to collect all the outstanding effects,
sell the partnership property, and pay off the partner
ship debts ; and this, in the case of a legal partner-
* See Addison v. Gandasequi, 4 Taunt. 574. and Paterson
v. Gandasequi. 15 East, 62.
' f Peacock v. Peacock, 16 Vesey's Reports, 49. — Feather-
stonhaugh v. Fenwicke, 17 Ves. 298.

§4
ship, if all the proper parties be made defendants ha"
the suit, the Court will do, appointing for the purpose
a receiver, in whom the management of the concern
is temporarily vested, and who is accountable to the
Court for his conduct. And even where the part
nership is carried on for a fixed period, upon a case
made out, of mismanagement, or breach of the
articles, the same remedy may be enforced;* and it
will be no objection to such proceeding, that the
body of partners in general, are averse to the disso*
lution ; on the contrary, the Court, in another case,
refused to interfere, for the purpose of giving any
relief at all, unless the bill actually prayed for a
dissolution of the partnership.-]" Fresh difficulties
would be created by the death or bankruptcy of any
shareholder, whereby such share would vest in exe
cutors, or assignees ; also by marriage, in the case of
a woman being a shareholder, and innumerable other
contingencies may arise, which would operate a
change in the property, and give a handle to persons
* 1 Sim v. Stuart, 129. note (6) see the cases collected.
f Forman v. Homfray, 2 Ves. and Bea. 329. — Marshall «.
Colman, 2 Jac. and Walker, 268.

65
who should be disposed to throw difficulties in the
way of the partnership.
To obviate or diminish these difficulties, provisions,
carefully worded, may be inserted in the deed which
constitutes the Company, regulating the mode in
which the interest of a person ceasing to be a partner,
should be calculated. This might be either according
to the market-price of his share, in which case a right
of pre-emption might be reserved to the Company,
or upon a calculation of the profits of the preceding
year, or in any manner that might appear more
desirable. There seems no reason to doubt that,
where a person had executed a deed, containing such
a covenant, his executor, in case of his death, or even
his assignee, in case of his bankruptcy, would be
bound by it.
Another mode would be, to insert a clause, re
ferring all disputes to the decision of arbitrators
appointing for arbitrators certain individuals, with a
power of filling up any vacancy that might occur
among them. f

66
It is impossible to say with certainty, that such a
clause would be sufficient to oust the jurisdiction of
a Court of Equity, but it does not seem that the
point has ever been decided ; and even in cases where
the arbitrators have not been named, and where, on
that account, the clause has been held inoperative,
to prevent the interference of the Court, yet some
attention is generally paid to this expression of the
wish of the parties, and the Court has even refused to
interfere, till they have tried the remedy, so pointed
out by themselves, and found it ineffectual.*
But, perhaps, the strongest security against this
interference of the Court of Equity, is another rule
which subsists also in the same Court. By the
practice of that Court, all persons interested in the
subject matter of the suit, must be joined as parties
on the record. It will easily be seen that this
necessity is likely to operate in the most effectual
manner, to deter persons from sueing so large and
fluctuating a body of men as generally compose an
* Waters v. Taylor, 15. Ves. 10.— Carlen v. Prury, 1 Ves.
and Bea. 159.

67
Association of this kind ; and so long as the Com
panies do not take advantage of this rule to screen
themselves from the payment of any just demands,
one can hardly regret the existence of such a diffi
culty* The other difficulties which attend the Associ
ations, are such as will diminish with the lapse of
time, and the progress of information upon the sub
ject, and they bring us to those considerations which
ought, after all, to be the real criterion of the expe
diency of the undertakings. Is the Mine, towards
the working of which we are about to contribute, likely
to repay the capital employed, and yield a profit ?
* This difficulty has been exemplified in a late case of Van
Sandau, v . the British Annuity Company. A bill was filed
against the 'Directors and Trustees of the Company, and it
was successfully objected to it, that every member of the Com
pany was a necessary party to the suit. Mr. Van Sandau
has, therefore, the option of either abandoning his suit, or
bringing before the Court a number of parties little short of
300, subject to the perpetual imperfections on the record, which
may arise from death, bankruptcy, and other changes in the
situation of the parties. ./
f 2

68
Has it been profitably worked in former times ? Has
it begun already to yield a profit ? This information
is, at present, difficult of attainment. The distance
of the property in question, the necessity of relying
upon other persons for the necessary details, and of
placing money at the disposal of other persons, to be
expended by them as occasion may require, leaving
them to determine when the occasion does require it,
all conspire to excite considerable apprehension : at
the same time, this is, only a greater degree of the
danger which is encountered by some of the partners
in almost every , considerable private partnership,
where the concern is often left to the management of
some, or even one, of the partners. The difficulty of
procuring information, is constantly diminishing, in
proportion as intelligence arrives from America ; and
when once such intelligence is procured, of the actual
beneficial working of the Mines, the Associations
may continue without fear of any of the liabilities
which have been suggested. I do not mean to say
that, sanctioned by an act of Parliament which should
limit the responsibility of each shareholder, to the
extent of the sums for which he should subscribe, any
Association would not have an advantage over others

69

not enjoying a similar protection ; but let the chance
of success rest upon its just foundation, the goodness
or worthlessness of the Mine in question ; not the
being incorporated, or the getting an act to limit the
responsibility of the shareholders, or any other advan
tage which Parliament could bestow, which, in the case
of an ill-advised undertaking, would, perhaps, have the
effect of converting the ruin from complete to partial,
but in the case of a good and substantial one, would
be unnecessary. As long as the undertaking should
continue to prosper, it is obvious, that there would
be no danger from any extent of liability, as the
creditors of the Company, finding its general fund
ready to meet their demands, would have no occasion
to resort to its individual members ; and as to the
power of any individual shareholder to dissolve the
Company, (even if, notwithstanding the objections
above stated, he could succeed in that attempt),
there is the best of all securities that such an
event will not occur, namely, that it is for the
interest of all parties that the Association should
continue. I cannot dismiss the subject, without adverting to

70
the general expectation, that some legislative enact
ment is about to take place with regard to the
Associations of this kind.
Of what nature is such enactment to be ? Is it to
prescribe the number of persons capable of forming
themselves into a partnership, or the object for which
they shall associate, or the nature of the interest they
may acquire, and the mode of acquiring and part
ing with it? As to the number, it would seem im
possible with any reasonableness, to draw the line.
Equally ineligible would it be to proscribe by name
any particular class of objects ; this would be only to
drive speculation from the proscribed to some other
class of objects, which would easily suggest them
selves to persons desirous of speculating, and would
lead to a continual interference of the legislature.
The proposed enactment, then, would probably relate
to the nature of the interest to be acquired in such
Associations, and the mode of acquiring or parting
with it. The criterion of the transferability of the
shares introduced by the 6th Geo. I. may be said to
have failed, for (as has been pointed out above) the
judges have been obliged to construe the clause,

71
respecting the transferability of the shares, in such a
manner, as to leave them open to almost unlimited
speculation. If I could presume to suggest a mode
of regulating the interest to be acquired in such
Associations, and the manner of acquiring or parting
with it, so as to protect the public from being drawn
in, to participate in ill-advised projects, it should be by
an act to prevent persons from selling their shares in
a society within a certain time (say a twelvemonth)
of the formation of such society. I would suggest
this for the consideration of those who think this evil
a fit subject for a legislative remedy, as a law more
, intelligible and definite than the 6th Geo. I. ; it
would leave all persons at liberty to form what
partnerships they pleased, for the purpose of carrying
on any undertaking which they really had in view,
and would prevent that hasty and inconsiderate pur
chase of shares at a premium, before the merits of
the undertaking could be ascertained, which is the
real evil in the case : but I would not be understood
as expressing an opinion, that an interference by the
legislature, with the manner in which men shall
choose to employ their money, is, in general, or in
this case, advisable, or that the pecuniary interests of

72
persons of disposing age and condition may not be
safely left to their own management.
To return to the Mining Companies, supposing
some satisfactory method to be devised for regulating
such Associations, let us consider whether it is pro
bable that the Legislature will pass any law without
first protecting those companies which at present exist,
and which, however alarming or dangerous they may
now be considered, at the time of their formation were
legal. The object for which a law is made is to pro*
mote the general good of society, and to suppress
mischief, unless the law would itself produce an equal
or greater mischief. One may safely conclude that no act
will be passed expressly to illegalize any societies at pre
sent existing, for to expect such a measure would be
to suppose an absence of good faith on the part of the
legislature. But what would be the effect of an act to
discourage or impede the transfer of shares in societies
of a certain description ? One effect would certainly
be to lower the value of all the shares of such societies
in the hands of the present holders ; it would destroy
the possibility of parting with them which existed at
the time when they were bought, and would condemn

73
the holders to continue in the possession of them,
which might be distressing and injurious to them, in
dependently of any wish to profit by the speculation.
As far as regards the societies at present existing, the
principal mischief is already done ; it is. hardly con
ceivable that any of their shares should rise to a higher
premium from any cause, but the real ascertained
value of the undertaking.
With regard to those of the Companies which are
not founded upon a good basis, it seems that the con
sequence of Such an act would only be to affect one
set of holders with the loss instead of another, i. e. the
present holders, instead of those who might in the
course of events become so : and in the case of those
which are well-founded, it would throw difficulties in
the way of undertakings, which, when their real merit
is once ascertained, it can hardly be supposed the
Government would wish to discourage.

*#* Since the above Observations were sent to Press, notice
has been given in Parliament of the intended repeal
of the statute of 6 Geo. I.

74

ADDITIONAL OBSERVATIONS.
With reference to the construction of the Mexican
Law of October 1 823, alluded to in note to page 35.

The public will be much indebted to the intelli
gence of Mr. Mornay, for an entirely new view
of this part of the subject.
From his information, it appears that the expres
sion " hasta poder adquirir en propiedad acciones
en las negociaciones que habiliten," has been always
understood to mean that Foreigners becoming Avia-
dores to any Mine, i. e. supplying it with capital,
have a right to purchase, and become proprietors
in full and absolute property of, any number of
shares in such Mine which they shall so supply:

75
and also, that there are. many Mines in which Shares
have been so purchased, and are so held in full pro
perty by foreigners. As long as foreigners confine
themselves to their contract of supply, they are
entitled only to the privileges of Aviadores, and have
a character quite distinct from that of absolute pro
prietors, as pointed out in pages 32, and seq. of
the Observations; but, by being Aviadores, they
acquire the right of purchasing in any Mine which
they supply any number of shares, less than the
whole number of shares, or whole property in the
Mine. (Every Mine being divided into 24 shares or
barras, as explained in the Ordinances).
It is not only true that this construction of the law of
1823 prevails in Mexico, and that the practice is in
conformity with it, but the opinion of the Chief Justice
of Oaxaca has been taken upon the subject; and this
opinion not only sanctions in the strongest manner
the right of Foreigners to acquire absolutely in
any Mine which they supply with capital, any
number of shares less than the whole property in
the Mine, but asserts that it was with a view to

76
make Foreigners capable of such acquisitions that
the law of October 1823 was passed.
The opinion expressed upon this part of the subject
in the Observations, unassisted by any local or per
sonal experience, is founded upon the Ordinances, and
upon the common acceptation of the language used
in the law of 1823, and must be taken to apply
to foreigners confining themselves to their situation of
Aviadores, and not assuming the new character which
has been created for them by this law.

r

ROYAL ORDINANCES

DIRECTION, REGULATION, AND GOVERNMENT
OF THE IMPORTANT BODY

MINERS OF NEW SPAIN,

AND OF ITS

Hopal Crttmnal ©rneral.

By Order of Hi* Majuty.

MADRID: 1789.

BY THE KING.

By a Letter of the twenty-fourth of December,
1771, my Viceroy of New Spain represented to
me, among other things, that in order to ameliorate
the declining condition of the Miners of that
kingdom, to correct effectually and suitably the
mischievous abuses which have been introduced
among the Mine-Proprietors,* and persons work
ing in the Mines, and to obviate the mutual
complaints resulting therefrom, he considered it
a matter of extreme importance that a new Code
of General Ordinances should be framed for the
said establishment (of Miners), in such manner as
to render the government thereof more uniform
and complete ; proposing, at the same time, the
means which he judged most likely to secure a
right method in the execution of so important a
work. From his information, and from what

* The Spanish word here is Mineros ; it has been found ne-.
cessary to translate this word occasionally by " Mine-owners,
or Mine-proprietors," and occasionally by "Miners," i.e. all
persons working in or having any connection with mines.
b2

my Supreme Council of the Indies laid before me
upon this subject in a Consult of the 12th of
June, 1773, I thought fit to enjoin and command
my said Viceroy by Royal Letter, {Ceduld) of the
2f*th of July "next following, among other things,
that there should be formed the new Ordinances
as above proposed, with explanations and addi
tions of all that might seem necessary with a
view to the actual state of affairs ; and after con
sultation with the Mine-Owners, and a certain num
ber of Surveyors (Peritos*), keeping in view all the
documents referred to in his said Letter, and also
the collection of Laws and Statutes of my said
dominions, and especially those which are
referred to by my said Royal Letter. Afterwards,
conformably to a Report which was laid before
me on the 7th of August of the said year, 1773,
by a Junta of Four Ministers, formed under my
Orders, and with my entire approbation, it was
commanded to my said Viceroy, by a Royal
Order of the 12th of November then instant,
that in the Ordinances which, in consequence of
the said Royal Letter, were about to be formed
for the Government of the Miners, they should
be regulated and established in an United Body,

* Peritos, literally "skilful persons ;" but in order to make
it consist with the duties which are afterwards appointed to
such persons, I have translated it surreyors.

upon the model of the Consulates,* in such man
ner as to secure to its members the necessary
encouragement, permanency, and support : af
terwards, by a Letter of the 26th of September,
1774, my said Viceroy represented to me that
the Miners of those my dominions had petitioned,
in a printed representation, dated the 25th of
February of the same year (and accompanying
his Letter), not only to be established in a body,
similar to the Consulates, as already ordained,
but that a Bank of Supplies (Banco de avios)
should be instituted for the encouragement of the
Mines; that a College of Metallurgy should be
erected for improving the construction of ma
chinery; and for other scientific purposes; and
that a new Code of Ordinances should be framed
for the Mines, proposing to derive the funds ne
cessary for the support of these establishments
from the amount of the double seniorage duties
payable on the metals, from which they hoped to
be relieved, by reason of what they had stated in
their said representation; and upon all these
points my said Viceroy suggested what he con
sidered most expedient. Wherefore, and after
considering the Report laid before me thereupon
* Consulates of Commerce. These are courts consisting of
a judge and assistants, for the hearing and determining, in a
summary manner, causes arising out of commercial transac
tions.

6*
by my Supreme Council of the Indies, on the
23d of April, 1776, I was pleased to determine,
amongst other things, and to command by my
Royal Letter of the 1st of July of the same year,
that the important Society of the Miners of New
Spain should be erected into a Corporate Esta
blishment, similar to the Consulates of Commerce
in my dominions, giving them, for that purppse,
my Royal Consent and necessary Permission;
and granting them the power of levying upon
their silver one half, or two third parts, of the
double duties, payable before that time to my
Royal revenue in the way of seniorage; but
from which I relieved them by the said Royal
Letter : in consequence of all which, by a Public
Act or Sitting (Acta) of the representative Depu
ties of the said Society, held on the 4th of May,
1777, they proceeded to incorporate themselves
accordingly, to determine the offices of which
their Tribunal should consist, and to appoint the
proper persons to fill those offices. Their proceed
ings were laid before the Viceroy, who approved of
them in my Royal Name, by his Decree of the 2 1st
of June of the same year ; permitting to the said
Tribunal, until my Sovereign Pleasure should be
known concerning it, the exercise of all the powers
of administration, direction, and management, as
enjoyed according to law by the Consulates of the
Monarchy in all respects in which the exercise of

such powers should be conformable to my Willj
restraining them only from the exercise of judicial
authority, which is permitted fro the tribunals of
the said Consulates of Commerce, and that res
triction only to operate till the said new1 Ordi
nances should be framed and approved of by!me.
And the Viceroy having informed me of all this by
letter of the 27th of the said year 1777, I there
upon thought fit to confirm the same by my
Royal Order of the 29th of December then fol
lowing, addressed to the said Viceroy, command
ing him thereby, and again by another Royal
Order of the 20th of January, 1778, that if the New
Tribunal of Miners had not as yet formed their
Ordinances, and laid them before him, he should
cause the same tobe done with the utmost despatch:
this having been completed on the 21st of May of
the said year, they were transmitted to me by the
Viceroy, with a letter of the 26th of August, 1779,
in order that, after considering them, and the re
presentations made concerning them by the Fiscal
of the Royal Audiency* (Real Audiencia), and
by the Assessor-General of the Vice-Royalty, I
might express my Royal Approbation thereof.
* Royal Audiency. These were courts of justice, eleven
in number, established by the Spaniards, and extending re
spectively over the eleven districts, into which their American
dominions were divided. — See Robertson's America, Vol. IV.
p. 16. and seq.

Lastly, having consulted with Ministers of ap
proved zeal and probity, and considered the best
means of reconciling most justly the true inte
rests of the State with the particular welfare of
the said important body of Miners, I have, for
the direction, regulation, and government of that
body, and of their Tribunal, commanded the
publication of the following ordinances.

ORDINANCES.

CHAPTER I.

OF THE TRIBUNAL GENERAL OF THE MINERS
OF NEW SPAIN.
SECTION I.
The New Tribunal of Miners shall be styled "The
Royal Tribunal General of the Important Body of
the Miners of New Spain," and shall be esteemed
and considered by all other Tribunals with that
respect which is conducive to the important pur
poses for which my Royal Pleasure has created it.
SECTION II.
The Tribunal shall be perpetual, conformably
to the act of its creation approved by me, and
shall at all times be composed of an Administra
tor-General, who is to be its President'; a Direc
tor-General ; and three Deputies-General ; which
latter persons may, in case of necessity, be re
duced to two, but never be increased.
SECTION III.
The said offices are to be filled only by prac
tical and intelligent Mine-Proprietors (Mineros),
qualified for the office by an experience of more
than ten years in the operations of mines ; this

10
qualification is to be strictly observed ; and these
persons must be real American or European
Spaniards, of unmixed descent, sons and descend
ants of ancient Christians, and born in lawful
matrimony, with preference always, under these
circumstances, to such persons as may have been
Judges and Territorial Deputies of the mines, or
may in other manner have rendered service to the
mines, and have been much experienced in theni.
SECTION IV.
The Administrator and Director General of
this New and First Creation, in consideration of
their extraordinary merit in having suggested and
promoted the reform of the mines, and the estab
lishment of the body of Miners, by having directed.
their attention for many years past to the means
most conducive to that end ; and in consideration
also of their especial knowledge and experience
in such concerns, of the length of time during
which they have followed the mining profession,,
their families having pursued no other since their
first settlement in New Spain ; and lastly, in con
sideration of the time which is necessary to ac
complish such a project, and that no persons can
be more likely to succeed in its accomplishment
than those with whom it has originated, shall hold
their said offices for their lives ; but the Deputies-
General, now first appointed, shall only hold
their offices for the time regularly allotted to
them, according to the rule that shall be laid

II
down for their alternate succession, over and
above the time already elapsed since their ap
pointment. section v.
For the elections of Administrator and Director
General, after the death or failure of the present,
and for those of Deputies-General at all times
henceforward, there shall be held in Mexico, in
the beginning of the month of December, once in
every three years, commencing from the present
time, a Meeting, consisting of one Deputy from
each mining district, provided with sufficient
powers from the Miners of such district ; and if
any such Proprietors shall not send a Deputy on
account of their being too remote, or too poor to
pay the expences of his journey to Mexico, and
his residence therein, it shall be sufficient if they
send full power and instruction to any person re
siding in that capital to act for them, provided
the same be not a Deputy or Agent for any
other mining district ; but he must be a Mine-
Owner or Mine-Supplier.* (Person who lends money
to carry on mining operations.}
•The Spanish word is Aviador, a word well worthy of atten
tion, for it describes the class of persons to which the mining
associations, belong. Its largest sense seems to be, "to advance
money for the working of mines, and to carry on the operations
therein, either entirely or in part, on condition of sharing the
profits with the proprietor."

12

SECTION VI.
To enable a Mine Town to have a vote at the
Election, it must be proved to contain an inhabit
ing population, and a church and Curate, or
Deputy, a Judge and Deputies of the Miners, six
mines in actual working, and four reducing Esta
blishments (Works for the reduction of metal
from ore). SECTION VII.
The city of Guanajuato shall have six votes in
the said Election ; that of Zacatecas four; that
of San Luis Potosi three; that of Pachuca and
Real del Monte three ; and, generally speaking,
the mining districts which bear the title of city
shall have three votes each ; and those which
bear the title of town, or in which there are
Provincial Treasuries (Caxas Reales), two votes
each. SECTION VIII.
Before proceeding to the Election, there shall
be held three scrutinies on three several days,
for the qualification of persons eligible to these
offices, with this proviso, that the person to be
elected Administrator-General must have been
one of the Deputies-General during one of the
preceding triennial periods, except in the case
of re-election, when it will be necessary to ob
serve what is laid down in the 10th Section of

this present Chapter ; observing also, that, at
the expiration of each triennial period, only one
new Deputy-General shall be appointed to supply
the place of the one about to resign, which person
so resigning at the end of the first three years, is
to be the one who, at the time of the original ap
pointment, had the smallest number of votes.
The same rule is to be observed at the end of the
second triennial period, and again at the end of
the third, with regard to the last of the three
original deputies: Afterwards, at the end of each
succeeding triennial period, the Senior-Deputy
shall always resign in favor of the one newly
elected. Conformably to these regulations, each
Deputy will, in future, hold his said office for
nine years, excepting in the case of the death of
any of them before the expiration of that time :
in which case, at the next Triennial Meeting, be
sides the Deputy that is to supply the place of
him who resigns, from having completed his nine
years, there shall be another appointed to fill the
vacancy occasioned by such death, which latter,
in point of seniority, shall stand in the place of
his predecessor, in order to depart as little as
possible from the established rule of succession.
SECTION IX.
The Administrator, the Director, and Deputies-
General, shall preside over the said meeting of

14
electors, and shall have votes therein : and the
election shall take place on the 31st day of De
cember, by secret lots (Cedulas Secretas), and
those shall be considered duly elected who have
the greatest number of votes ; and in case of any
dispute arising, the election shall fall upon that
person for whom the Administrator- General shall
give his vote. section x.
To enable any person to be re-elected to any of
the said offices of the Royal Tribunal, an interval
of three years must have elapsed since his last
service, and he must have more than one half of
the whole number of votes.
section XI.
No person elected to any of the said offices can
excuse himself from serving it; but every such
person must accept the same on the day of his
election before sun-set, under the penalty of 2000
dollars, and of being obliged to serve such office
even after the payment of the penalty.
SECTION XII.
In case of the death of the Administrator, the
Director, or any one of the Deputies-General, or
of their resignation (which can only be allowed
upon just and indispensable cause), the other
members of the Tribunal shall elect a temporary
substitute, who shall hold the office till the expi-

15

ration of the triennial period then subsisting, and
till the next general meeting, when a proper
person shall be elected, conformably to the 8th
Section of this present Chapter.
SECTION XIII.
Those who shall be elected Administrator-
General and Director-General, in succession to
the persons now filling those offices, and others
hereafter, shall hold the said offices, the first for
six years, and the second for nine ; with a view
to this consideration, that from the circumstances
already explained, and which are applicable to all
persons who compose the Tribunal, the Director
ought to be a person well acquainted with the
interests, concerns, and resources of the establish
ment, with the management and working of the
mines, and with the theory and practice of the
sciences relating thereto, all which is not to be
acquired in a short time.
SECTION XIV.
The Factor, the Assessor, and the Notary may
be appointed and removed with or without cause
at the free will and pleasure of the Royal Tribunal
General. SECTION XV.
Iir the first General Meeting to be held in
Mexico, for the purpose of carrying the present
ordinances into effect, there shall be chosen 12
Advisers (Consultores), experienced Mine-Pro-

16

prietors, or Mine Suppliers of distinguished
reputation, fourof whom shall be persons resident
in Mexico, and the Royal Tribunal may consult
all or any of them in difficult cases, whenever it
shall be necessary ; and in order that their em
ployments may be temporary, and to avoid the
inconvenience which might arise from their being
all changed at the end of each triennial period,
six others shall be appointed at the next General
Meeting, to supply, for the second triennial
period, the places of those six of the first elected
twelve who shall have been chosen by the smallest
number of votes; and afterwards, at the end of
each triennial period, the six newly elected shall
replace the six who shall have/ then been the
longest in office; so that the number of twelve
will always remain complete ; and I hereby de
clare, that the re-election of such Advisers, in
the aforesaid General Meetings, shall be permitted,
without regard to those intervals of time and other
formalities established in the tenth Section of this
present Chapter for the regulation of the offices
therein mentioned; pbserving only, that their
seniority is to be reckoned from the period of
their re-election ; and I grant to the said Advisers
a seat in the Public Sittings of the Royal Tribu
nals, next after the Deputies-General; and when
any Mine Proprietor, from any of the mine dis-

17
tricts shall be in Mexico, I grant to him the
honour, dignity, and office of Adviser of the
Royal Tribunal as long as he shall remain there.
SECTION XVI.
On the days of scrutiny, and before proceeding
to the election, there shall be laid before the
General Meeting a clear and correct statement of
the funds with which the body of Miners have
been endowed, what they have produced, and
how they have been applied during the preceding
triennial period, as well as of the Bank of Sup
plies, its gains and losses, shewing, at one view,
the condition of the body of Miners at that time,
their concerns and possessions in money and
effects, their claims, debts, dues, and affairs of
all kinds. SECTION XVII.
Before proceeding to the scrutinies^ the per
mission of the Viceroy must be obtained; and
after they are concluded, an account thereof must
be rendered to him similar to the practice of the
Tribunal of Commerce of that capital (Mexico).
SECTION XVIII.
To the Director-General shall also belong the
offices of Fiscal ,and Promoter of the important
body of Miners, and he shall, in consequence,
represent, suggest, and propose to the Royal
Tribunal, whatever he may judge conducive to the
advancement arid success of that establishment;
c

18

giving them alsd*, in proper time, such advice and
caution as might tend to obviate whatever he may
consider as prejudicial to their interest.
SECTION XIX.
The Royal Tribunal shall transmit to me annu
ally, through the Viceroy, an account of the
working of the mines and of the concerns of the
body of Miners ; and, moreover, they may com
municate with .me, extraordinarily, through the
same channel, upon great occasions, when it may
seem necessary. SECTION xx.
The Royal Tribunal may have a Representative
at the city and court of Madrid, forthe protection
of its interests ; and, in case it should seem ne
cessary, upon any weighty occasion, to send a
confidential person to communicate with the same
Court, they must, in the first instance, satisfy the ¦
Viceroy of the importance of the matter which
obliges them to incur such expense, and must '
procure his certificate of the same, which will
precede my Royal Licence.
SECTION xxi.
The Clerk of the Royal Tribunal shall keep a
minute book of resolutions, in which shall be
entered, all the determinations relative to the
administration and economy of the mines, whe
ther the same be intended only to last for a time,
or to be permanent and perpetual.

1©

SECTION Xxil.
There shall be preserved in the Royal Tribunal*
the originals of the Royal Letters Patent, Orders'*
and Declarations, which have proceeded, or may
proceed, from me ; as also the official letters from
the Viceroys, and copies of the Orders that have
been, or shall be, received through their hands;
and lastly, all Acts and fundamental Decrees
relating to the creation or administration of the
Royal Tribunal; all which shall be carefully pre
served in the archives ; and there shall be a book
kept, in which there shall be an accurate account
of the same, which may be referred to as occasion
may require ; and I prohibit the originals from
being ever taken out to be exhibited, but permit
accurate copies or extracts to be taken, compared,
and corrected in due form, according to law.
SECTION XXIII.
Before proceeding to the Triennial Elections-;
an inventory shall be drawn up, and the papers,
both of the archives, and of the office of the Tri
bunal, shall be inspected by two of the Deputresy
in order that it may be ascertained whether they
correspond with the inventory of the preceding
triennial period, and the papers received within
the last three years shall be then added to the
former. SECTION XXIV.
The Secretary of the Royal Tribunal shall be
c 2

so
one of the Royal Notaries (Escribanos Reales), duly
instructed and admitted to his office, and pos
sessing all those qualifications required by the
law in persons filling that office, and must be
moreover a person of good birth, character, and
education, and of good conduct and respectable
habits, in order that by these means the office
may be held in honour, and that he who holds it
may be respected and esteemed both in the Tri
bunal and elsewhere, and he is to be addressed
by the title of Don. SECTION xxv.
The Secretary shall propose to the Royal Tri
bunal three persons, one of whom is to be ap
pointed chief Official (OJicial Mayor) to the court,
and another second Official, if necessary ; but he
shall have free permission and authority to appoint
and remove at his pleasure the writer or writers
whom he shall employ for the Tribunal.
SECTION XXVI.
The Royal Tribunal shall appoint two Mes
sengers or Porters, who are to execute its orders,
provided that they be persons of good character,
and Spaniards. SECTION XXVII.
The Royal Tribunal shall draw up a Table of
Fees or Wages to be received by persons em
ployed in Mexico, and in the mining districts, but
the same is not to be reduced into practice until

21
it shall have been laid before the Royal Audiency
of each district, qualified or regulated by them,
and transmitted to me for my Royal Approbation.
section xxvur.
The Administrator, the Director, and Deputies-
General of Mexico, and all other persons em
ployed, shall, at the time of entering upon their
respective offices, make oath that they will truly
and faithfully discharge the duties thereof, that
they will observe these Ordinances, and cause
them to be observed, and that they will observe
secrecy in the causes and affairs submitted to
them ; and also that they will maintain the mys
tery of the Immaculate Conception of Our Lady.

CHAPTER II.

OF THE JUDGES AND DEPUTIES OF THE
MINING DISTRICTS.

SECTION I.
The respective Royal Courts (Justicias Reales)
shall be Judges of the Mines, conformably to the
laws established for the Government of the Indies,
in all cases which are not expressly referred by
these Ordinances to the Deputations of the body
of Miners. SECTION II.,
All those who, for more than one year, shall
have worked one or more mines, applying, as
owners thereof, in whole or in part, their capital,
labour, or personal attention and care, shall be
enrolled amongst the Miners of the district, and
their names shall be noted in the book of enrol
ment to be kept by the Judge and Clerk of that
mining district. SECTION III.
The Miners so enrolled, and the Mine- Sup
pliers (being Miners), the persons who reduce by

23
contract (Maquileros),* and the Proprietors of
Works for stamping and smelting ores in each
district, shall assemble in the beginning of Ja
nuary in each year, according to custom, at the
house of the Judge, for the purpose of electing
the persons who are to exercise the office of
Deputy for such district, for the ensuing year;
which persons either must be, or must have been,
Mine-Proprietors of superior practice and intel
ligence, men of good conduct, trust-worthy, and
possessed of all the qualifications requisite for
such office. SECTION IV.
Every one of the Miners thus enrolled, shall
have one vote at such elections; moreover, of the
Mine-Suppliers, being Miners as aforesaid, the
Reducers by Contract, and the Owners of such
works as are mentioned in the preceding Section,
each two persons shall have one vote between
them, and they shall not themselves be eligible
as Deputies, unless they be also Mine-Owners,
and possess the necessary qualifications.
SECTION v.
Where there is a very great number of voters,
as in Guanajuato, the same practice which has
hitherto prevailed, shall be continued in such
* Literally Millers — the persons who reduce the ores into
metal ; they are '"so called from the mills used in their opera
tions.

24
district, namely, of choosing beforehand the
Electors who are to proceed to the election of
the Deputies. SECTION VI.
The Administrators of Mines may vote instead
of their principals, provided the latter do not
reside in that neighbourhood (Territorio), and
provided such Administrators be fully authorized
by their principals for that purpose, and such
Administrators shall be eligible as Deputies, if
their occupations permit it, and they have the
necessary qualifications. SECTION VII.
The Judge of Mines of each Mine-Town, or
establishment, together with the Deputies of the
preceding year, shall preside at and regulate the
election, and shall have votes at the same, and in
case of any dispute, the vote of the Judge shall
be decisive, and those persons who have the
greater number of votes, qualified and computed
as before determined, shall be considered as duly
elected. SECTION VIII.
In each Mine-Town, or establishment, there
shall be a deputation, consisting of two Deputies ;
and to the end that those employments may be
for the duration of two years, and that one' of
such Deputies may be a person well qualified
for the office, in the first year alone of carrying

25
this Ordinance into effect, two Deputies shall be
appointed, but in every succeeding year only one,
who is to replace the Deputy then oldest in office,
and as this provision cannot be complied with at
the second Election (i.e. at the end of the first
year), that Deputy of the two first elected shall
remain in office during the second year, who at
the first appointment was elected by the greatest
number of votes, so that the other of the two
first elected Deputies will be in office only
for one year. SECTION IX.
There shall also be elected in the same man
ner, in each Mine Town, or establishment, four
Substitutes (Substilutos), who are to supply the
place of the Deputies, in the case of their refusal
to serve, their death, illness, necessary absence,
or other just impediment, and to assist at the
several Courts of Appeal in such cases and cir
cumstances as may occur, and which will be
treated of in their proper place : but in districts
where the electors themselves are to be nomi
nated, according to the Fifth Section of this pre
sent Chapter, those four who shall have the greater
number of votes are to be the Substitutes for the
first year, and it is to be understood that these
offices are to be also for the duration of two years,
and in each successive year only two new Substi
tutes are to be chosen, observing, with regard to

26
them, the same rule which has been laid down for
the election of Deputies in the preceding Section ;
and for the sake of greater perspicuity, and to
prevent all arbitrary acts in the succession, either
to the said offices of Substitutes or to those of
Advisers, as directed by several Sections of these
Ordinances, those persons shall always be pre
ferred, who shall have had the greater number of
votes at their respective elections, when the
elections have been on one and the same day ;
but in other cases those who have been longest
in office shall be preferred. section x.
The said Substitutes shall also be Recorders
(Procuradores Sirdicos) of their respective districts ;
and shall observe and procure whatever may
appear necessary for the common interests of the
Miners in their neighbourhood, and by virtue of
this office shall have a superior claim to be elected
as Deputies, or to other offices connected with the
mines. section XI.
The persons elected as Deputies must accept
the office within three days of the time of their
election, under a penalty of 1000 dollars, which
penalty is to go to the fund of that district, and
the person refusing to accept shall be obliged
to serve the office, notwithstanding the pay
ment of such penalty; and even though there

27
may appear a just cause for his refusal, he must
accept the office notwithstanding, and serve it
until such cause shall have been admitted by the
Royal Tribunal General of the Miners, to which
body it must be submitted. section xii.
It is forbidden to re-elect any person to any
one of the before- mentioned offices until the ex
piration of two years from his last serving in such
office, and the person re-elected, after such interval,
must accept the same office under a penalty of
500 dollars, which penalty is to be paid to the
general fund of the district, and he shall be
obliged to serve the office, notwithstanding the
payment of such penalty; without prejudice,
however, to any sufficient cause of exemption
which he may have ; but this must be submitted
to the Royal Tribunal General of Mexico, and he
must serve the office in the mean time as directed
by the preceding Section. SECTION XIII.
All the Mine-Proprietors, Mine-Suppliers,
persons reducing by contract, and Owners of
reducing establishments of the respective dis
tricts, shall confer on the new Deputies power to
promote their interests and pretensions, and for
all the usual purposes, and shall swear to obey
them in all that relates to the exercise of their

28
offices; and the Deputies themselves shall take
upon them their office according to law, and
swear to observe these Ordinances (which are to
be read at every election at the time of their
entering into office), and to maintain secrecy in
the causes which come under their cognizance.
SECTION xiv.
As soon as the election is over, an account of it,
and proper notice, shall be immediately trans
mitted to the Royal Tribunal General of the
Miners, in order that if there shall appear to be
no defect or irregularity in the conduct of it, it
may be approved of by the Supreme Government
of New Spain: and be it understood, that no
charges whatever shall be made for the procuring
of such approval, nor for any of the formalities
which must precede it.
SECTION XV.
The Territorial Deputies (Diputados Territori-
ales), the Inspectors, and the Surveyors of Mines,
shall receive no pay from my Royal Treasury,
but shall be supported from the profits of the
respective mines, agreeably to the laws upon that
subject ; for which purpose, the Royal Tribunal
General of Mexico shall impose certain moderate
duties, according to the conditions and circum
stances of each mine district, in the manner and
under the rules laid down by Section xxxvi.
of Chapter III. of these Ordinances.

29

SECTION XVI.
In the month of February in every year, the
Territorial Deputations" (Diputaciones territoriales)
shall submit to the Royal Tribunal General of
Mexico, a report upon the condition of the mines
and Miners in their respective districts, and their
dependencies, suggesting such measures as may
appear to them conducive to the preservation and
better advancement of the same, and also upon
the quantity of silver produced, and of quick
silver consumed in the preceding year ; upon the
number of mines which are in a course of actual
working, as well as such as have been abandoned,
and why they have been so abandoned ; and upon
those which have been newly discovered, or re
established ; requiring for this purpose, from the
Provincial Courts and Treasuries, and other
offices, all certificates, attestations, and other
documents which may be necessary : And it is
hereby ordered, that the said reports and docu
ments be laid before the Viceroy, in order that,
after acquainting himself with their contents, he
may submit them to me, with a suggestion of
such measures as he may deem advisable, and
likely to meet with my Royal Approbation.

CHAPTER III.

OF THE JURISDICTION IN MINING CAUSES,
AND THE MODE OF TAKING COGNIZANCE,
OF PROCEEDING, AND PASSING JUDGMENT
AND SENTENCE IN THE SAME, IN THE 1st,
2nd, AND 3rd INSTANCES.

SECTION I.
I grant to the Royal Tribunal General of the
Miners the power of hearing and deciding all
concerns relating to the administration, direction,
and management of the body of Miners, and I
therefore declare that the territorial deputations
of all the mining districts shall be fully and en
tirely subordinate to it in all such matters of
administration. section ir.
The Royal Tribunal General shall, moreover,
take cognizance of all causes, arising out of the
discovery, denunciation,* right of property, ex-
* Dcnunciacion,, Denunciar, Denunciante. These words de
serve particular attention, as they denote the mode of acquiring
mines, and are continually occurring throughout the ordinances

31
tent, draining, desertion, and (despilaramientos) de
struction of the supports or pillars of the mines,
and of all that may occur in the same to the pre
judice of the operations therein, and in contra
vention of these Ordinances, and also of whatever
relates to the supply of mines, the sale or ex
change of ores, or of silver and gold, of copper,
lead, and other mineral substances, instruments
for reducing, (Maquilas), and of other things of
the same nature; but I declare, that such power
of deciding causes shall only be exercised by the
said Royal Tribunal General within twenty-five
leagues of the capital of Mexico.

Denunciur relates as well to original mines, i.e. mines which
have never before been worked, as to mines which have once
been worked, but have fallen into a ruinous state : in the for
mer case it means, " to give notice that a certain mine exists,
and that the person so giving notice, intends to work it.''
Whereupon, after complying with certain conditions required
by the Ordinances, the mine is allotted to such person. In the
latter it means, " to give notice that some mine-owner has either
neglected the working of his mine, so that it is reduced to a
state of decay, or that he has acted in contravention of these
Ordinances, which points being proved, the person so giving
notice himself acquires the mine." The word lias generally
been rendered " to inform of," or " to acquire by informing
of, " but as it implies a great deal more than this, and as it has
a peculiar technical signification in the Spanish, I have preferred
translating it by the word " denounce,"

32

SECTION III.
Without detracting from the peculiar juris
diction of. administration granted to the Royal
Tribunal by the First Article of this Section, the
same power shall be exercised by the territorial
deputations in their respective territories, in
causes which may occur, but only by the two
Deputies jointly, for the support and encou
ragement of the mining operations in their
particular district, the interest and advantage of
the Proprietors of mines, the preservation and
increase of the population, the due administration
of justice, the welfare of the inhabitants, and the
relief of the poor : be it, however, understood,
that the same shall be done in immediate sub
ordination to the Royal Tribunal General, as
directed in the said first article ; with this pro
viso, that they are not to exercise any formal acts
of jurisdiction, except in such causes as are ex
pressly referred to them by these Ordinances.
SECTION IV.
The territorial deputations shall, in their re
spective districts, have the peculiar power, or
jurisdiction, of deciding causes, which I have in
the Second Article of this Section granted to the
Royal Tribunal General in all such matters as are
there expressed, proceeding in, and deciding the
same, in a manner wholly independent of the said
Royal Tribunal General; since,, in the exercise of

33
such jurisdiction, they are not to act subordi
nate^ to the said Tribunal* which is hereby pro
hibited from taking cognizance of, or interfering
with any such causes and proceedings out of
their own jurisdiction. section v.
Since all the foregoing causes and disputes
are to be determined between the parties in the
shortest and most summary manner, according to
justice, and the customary good faith of com
mercial transactions, without any of the usual
delays and written declarations, or petitions of
lawyers, it is my Will, that whenever any person
shall appear before the said Royal Tribunal, or
before the Territorial Deputation of any of tbe
mining districts to commence an action or suit,
they shall not allow any complaints or proceed
ings to be presented in writing, until after they
shall have cited before them both parties, where
it is practicable to do so, and heard orally their
several causes of actions, and replies or objections,
and endeavoured to compromise and settle the
matter in dispute between them, with the utmost
possible dispatch ; but if they should not succeed
in bringing about the arrangement between the
parties, and if the subject in question shall exceed
the sum or value of 200 dollars (for all causes
relating to sums not exceeding that amount are
to be decided orally, whether the parties con
sent to it or not), then the petitions or claims in
o

34
writing, may be received, provided the same have
neither been drawn up, arranged, or signed by
lawyers ; and whenever it shall be necessary to
proceed in any cause, in consequence of. not
having been able to arrange and settle the same
orally between the parties, then the demands or
requests of the complainant shall all be received
and attended to, previously to the hearing of any
on the part of the defendant. SECTION VI.
In consideration of the object above ex
pressed, of procuring a decision in all causes and
disputes in the shortest and most summary man
ner^ according to justice and good faith, I hereby
ordain and command, for the better attainment of
that end, that in actions before the said Royal
Tribunal and Territorial Deputations in the first
instance, as also in causes of appeal and in the
judgments to be pronounced therein, they shall
pay no regard to any defect in the proceedings,
or want of attention to the minute formalities of
the law, or any irregularity of diction, but shall,
in all causes, decide and judge with a strict re
gard to the merits of the case, and for that pur
pose, they shall officially examine the necessary
witnesses, provided they do not exceed the num
ber of ten, and take the depositions of parties
where it may be thought requisite, and shall
thereupon give and pronounce their determi
nation, and judgment or sentence.

35

SECTION VII.
In order to avoid all useless and malicious
appeals, which are made for the sole purpose of
preventing the course and execution of justice, I
ordain that no one shall be allowed to appeal
from the Judges of the said Royal Tribunal, or
from the said Territorial Deputations, unless it
be in consequence of definitive judgments or
interlocutory decrees, containing irreparable ag-
grievement (gravamen irreparable), and any ap
peal which may be made in contravention of this
article shall not be valid, and neither the Judges
of the said Tribunal, nor the Territorial Depu
tations are to admit the same, but shall proceed
in the cause, and pronounce their judgment or
sentence definitively. SECTION VIII.
All interlocutory decrees, and judgments or
sentences, are to be signed by the Administrator-
General, and by both the Deputies- General of
the Royal Tribunal, even if any one of them
should dissent from the other two : for the opi
nion of the Administrator-General, and of one
Deputy-General, or that of the two Deputies-
General, is to decide the sentence or judgment,
and the one who dissents is to sign the same
notwithstanding. (
SECTION IX.
The Territorial Deputies may each separately
d2

36
proceed in causes, for the sake of that brevity
,and dispatch which are so desirable for the inte
rests of the body of Miners ; but in passing and
pronouncing definitive judgments or sentences, and
interlocutory decrees, which might cause irre
parable aggrievement, they shall act in conjunc
tion ; and if they should not agree concerning the
same, they shall call in the respective Substitute,
according to the rules already laid down, in order
that the matter may be decided by a majority of
Opinions, and such determination shall be signed
by all three, as provided in the preceding Section.
SECTION x.
In all points of law, which are not clearly laid
down in these Ordinances, the Royal Tribunal
General shall avail themselves of the assistance
of any able and conscientious lawyer whom they
may select for the purpose, and the Territorial De
putations may confer with any such person who
maybe in the town or place where they reside ; and
in case he should be objected to,or if there should
be no lawyer in the place, then they shall act
with the assistance of the respective Provincial
Judge appointed by me, which latter is not to
be objected to, unless there be another per
son who can supply his place; and I further
declare, both with regard to this, and the pre
ceding Section, that any person who may have
given his opinion in causes in the first instance,
shall not give it in the second.

37

SECTION XI.
When the proceedings in any cause are con
cluded, and final decision is about to take place,
or at any time, whenever the Judges of the Royal
Tribunal, or the Territorial Deputations may
think it necessary, such proceedings shall be
submitted to them by the Clerks of the Court,
before whom they were taken down, who are to
sum up the contents in the usual manner, and
with that brevity which is so desirable for the
interests of the Miners. SECTION XII.
The decrees and judgments, or sentences, of
the Tribunal General, and of the Territorial De
putations, if not appealed against, and when
they have acquired the authority of a final deci
sion, are to be carried into effect, in a short and
summary manner ; those of the Tribunal by their
two messengers, or porters, who are to exer
cise the functions of executive Bailiffs (Alguaciles
Executores), and those of the Territorial Depu
tations by the ordinary Bailiffs (Alguaciles) of the
places where they reside, and the former, as well
as the latter, shall command and desire all other
Judges and Courts* (Justicias), whom it may
concern, to afford them any aid or assistance
which they may require.
* Tribunals over which the Magistrates of the country pre
side, as distinguished from any tribunal composed of Miners.

33

SECTION XIII.
In causes of appeal against any such definitive
sentences or decrees, by either of the parties,
where the matter in.: dispute ^ shall exceed the
value of 400 dollars (for in all causes regard
ing a less amount no appeal shall be ad
missible, and the decisions of the Judges of the
Royal Tribunal, or of the Territorial Deputations,
shall be finally carried into effect), those from the
Royal Tribunal General shall be received by the
Court of Appeals (Jusgade de Alzadas) about to
be established in Mexico, and which is to be
composed of a Judge of the Real Audiencia of that
place, to be appointed by the Viceroy, in the
same manner, and for the same term, as the one
intended for the Royal Tribunal of the Consulate
or Chamber of Commerce ; of the Director-Ge
neral of mines, and of a Proprietor of mines,
who is to be elected for that purpose every, third
year, in the General Assembly of Miners, from
amongst such as have been Administrators, Di
rectors, Deputies-General, or one of those Four
Advisers (Consultores), who are to reside con
stantly in Mexico, as directed in a former Section ;
and the appeals from the Territorial Deputations,
within the distance of twenty leagues, in every
direction from the city of Guadalaxara, shall be
in the same manner received by the Court of
Appeal, which I have ordered to be created
there, and which is to be composed of one of the

39
Judges of the Real Audiencia of that place, to
be appointed by the Acting President thereof for
the time, and in the same manner as the one for
the Consulate, or Chamber of Commerce, in
Mexico, and of two Proprietors of mines, of
known character, and possessing all the requisite
qualifications, who shall be appointed Co-Judges
of Appeal in the city of Guadalaxara, from
amongst those residing there in the said General
Assembly of Miners, to be held every three years
in Mexico, as before directed ; but if there
should not be any resident Proprietors of mines
in the aforesaid city, possessing the necessary
qualifications for such office, then others, who
reside elsewhere, may be chosen at the said
triennial election ; provided, that under the same
circumstances of eligibility, preference shall be
given to such as live at the shortest distance, even
if they be substitutes for any mining district ;
and the appeals from all the other Territorial
Deputations shall be received, in the manner
prescribed, by the respective Courts of Appeal
to be erected in each province, and which are to
be composed of the principal Provincial Judge ap
pointed by me, and of such two of the four Substi
tutes of Miners for the mining district as may be
nearest to the residence of such Judge respec
tively, according to the rules already laid down;
and if in the same place, or at an equal distance,

40

there shall reside any one or more of the twelve
Advisers before mentioned, they shall, by pre
ference, be appointed Co-Judges of Appeal ; and
wherever the said Judge shall not be of the pro
fession of the law (detrado), the court in which
he presides, shall, in all points and matters, where
it may be requisite, avail themselves of the as
sistance of an able and conscientious lawyer.
section xiv.
All such causes of appeal shall be conducted
in a short and summary manner, according to the
practice in commercial causes, without introdu
cing any new terms or expressions which may
give rise to unnecessary delays or proofs, or ad
mitting proceedings and writings of lawyers, or
any others, except a statement of the cause of
the appellant, and the replies of the other party
or parties, with a strict regard to truth, and the
customary good faith of commercial transactions ;
and in like manner the cause shall be decided.
section xv.
All such appeals are to be entered on or before
the third day, after the notification of the decree
or sentence, and in no other manner, and they
may be commenced by a letter from the Appellant,
stating, either that he will transmit full power for
carrying on the proceedings, or that he will ap
pear in person.

41

SECTION XVI.
Whenever the Courts of Appeal shall confirm
the sentence of the Royal Tribunal General of
Miners or of the Territorial Deputations in the
several causes, no further appeal shall be admit
ted, and such sentence shall be immediately car
ried into effect, and for that purpose shall be forth
with sent back to the respective judges.
SECTION XVII.
But in case they, (the Courts of Appeal), should
reverse the same, either altogether or in part,
and either of the litigant parties should appeal or
apply for a new trial, the Judges of Appeal shall
appoint in the respective cases, two other Co-
Judges, who, in Mexico, are to be chosen from the
four Advisers (Consultores) residing in that capi
tal, in Guadalaxara from the Proprietors of mines
residing there, with preference to such as are Ad
visers, if there be any in that city, and in de
fault of either, they may be chosen from the Pro
prietors of mines, residing elsewhere, regard being
shewn to the considerations expressed in the thir
teenth Section of this Chapter; and in all the other
Courts of Appeal, the judge may appoint any of
the four respective Substitutes, provided, how
ever, that there be no legal objection to any such
individuals, and if there should be such objections
in respect to all of them, the nomination may fall
on any other Proprietors of mines, having the ne-

42
cessary qualifications ; observing, however, that
where any one or more of the twelve Advisers of
the Royal Tribunal General shall reside, they shall
be preferred to the Substitutes.
section xVni..
From the judgment or sentence, to be given
in this third instance (whether confirming, re
versing, or amending, the former sentence, either
altogether or in part), there shall be no further
appeal ; and the cause shall then be returned to
the court to which it belongs, for fulfilment and
final execution, which are also to be proceeded
with, in a short and summary manner, as before
directed ; but I hereby declare, that there shall
still remain open to the parties, the legal remedy
of a further application to my Royal Person, in
my Supreme Council of the Indies, provided it
shall appear that the sum in dispute amount to
20,000 dollars or upwards, on finding the secu
rity required by law, and without prejudice to
the execution of the sentence already pronounced,
and after providing further security, that they
will submit, to the final decision, whatsoever it
may be. SECTION XIX.
In the decision of the before-mentioned causes
of appeal, the sentence shall be determined by
two opinions out of the three, whether they be
those of the Judge and one of the Co- Judges of

43
the respective Courts jof Appeal, or those of the
two Co-Judges, without that of the presiding
Judge, and in either case the same shall be. signed
by all three. section xx. , ,
Causes relating to possession and property,
shall be determined jointly (by all the Judges) ;
and in the first place, restitution shall be made to
persons who may have been forcibly dispossessed
of any property ; but this shall not apply to persons
who may have been deprived of possession by the
decree or sentence of any Judge, even if the same
shall be represented to be unjust.
section xxr.
No mine in dispute, shall, for any reasons, or
on any account, be shut up, nor shall its work
ing be suspended, even at the request of the
parties ; but an Inspector (Interventor)* shall be
appointed, with the approbation of the party re
quiring the same, without, however, removing
from the mine any thing belonging to it, yet such
Interventor shall be dispensed with on full and
sufficient security being given to the satisfaction. of

* Inspector is perhaps the nearest English word ; but as in
terventor expresses most correctly the duty of a person who is
occasion ally to interpose his services, and as we have.in English,
the words intervent and intervention, henceforward the word
interventor will be used in the translation.

44
the opposite party, and I declare that the work
ing a mine is then only to be suspended when
the same shall be represented to be in a ruinous
condition, without the necessary support of tim
ber work, and such shall appear to be the fact
in the opinion of Surveyors (Peritos), who shall
immediately, without loss of time, inspect and
proceed to re-establish the said works, and restore
them to a good condition, in order that, when
ever the working shall be resumed, it may be
carried on without danger.
section xxii.
All executive demands shall be proceeded in
according to law, as far as respects the order of
process, but with a strict regard to truth and good
faith, and without letting in any of those delays
or subtil ties which retard and interrupt the dis
patch. section xxiii.
Whenever it shall be necessary to carry into
effect an execution in any mine or reducing esta
blishment (Hacieuda de Beneficio), the same shall
not be sequestered, nor put up for sale, nor yet
the machines, iron-work, or tools, implements,
slaves, cattle, buildings, materials, or any of the
necessary stores or provisions ; but such execu
tion shall only be put in force with regard to the
gold and silver ores, and other produce of the

45
mine, after deducting what may be necessary to
meet the expence of carrying on the reducing of
such ores, which is by no means to be interrupted ;
for which purpose an Interventor shall be ap
pointed, to be approved of by the plaintiff, if the
latter does not choose to undertake the manage
ment of the mine himself; or by the defendant,
in case the plaintiff shall take the same on his own
account ; and such Interventor is to be immedi
ately withdrawn on the liquidation of the debt ;
and in either case he shall render weekly accounts
of the produce and expences of the mine, to be
in due time laid before the Judges in the cause,
together with the several receipts, or vouchers,
and proper affidavits on such items, which cannot
otherwise be verified, for the benefit of which
ever party may be entitled thereto, according to
the definitive judgment or sentence pronounced
in the cause. SECTION XXIV.
If the defendant shall give up his property, and
the same shall comprise any mine or mines, notice
shall be given to his creditor or creditors, to
undertake the working thereof on their own
account, and not to suffer them to be suspended;
and in default of their compliance before the ex
piration of the time to be fixed by these Ordi
nances, such mines shall be considered as de
serted and abandoned, and shall belong to the

46
first person who may denounce the same, to the
exclusion of all former claims.
section xxv.
The wages of the labourers of any mine or
reducing establishment taken in execution, and
the salary of the Interventor, shall by no means
be placed on the same footing with the other debts,
but shall be paid immediately out of the first pro
ceeds, although the whole of such proceeds should
not amount to more. SECTION XXVI.
In case of the suspension of the working, any
one of the creditors shall offer to undertake the
same with his own capital, the others having re
fused to contribute their proportions, such creditor
shall have preference, not only in the satisfaction of
his new demand, but also with respect to his former
claims, even where the same may not have arisen
from the supply of such mine or establishment.
SECTION XXVII.
Whenever, in causes before other courts,
whether relating to judgments concerning inven
tories, hereditary succession, general partnerships,
contests of creditors, or cession of property, any
mines and the establishments, or other dependen
cies belonging to the same, are comprised amongst
the other property depending in the cause, I ordain
that the Judge of such court shall transmit an
official letter, with notice thereof to the respective

47
Court of Miners, whose duty it shall be to take
care that the working of such mine or establish
ment be kept up without prejudice to the rights
or claims of the party or parties concerned ; and
the said Court of Miners shall reservelhe proceeds
thereof for the disposal of the principal Judge in
such cause, and shall also, in case of any widows,
minors, or absent persons being interested therein,
effectually protect and support their claims, and
thus maintain that firm and reciprocal union,
which contribute to the preservation, welfare,
and prosperity of the whole body.
section xxviii.
In all causes and suits respecting mines, the
restitution of term completed (Termino Cump-
lido) shall be allowed, but on condition that
such restitution be not interrupted, during the
whole term of the law, except that, unless for the
purpose of relieving those who are privileged,
the half of such term shall be granted.
SECTION. XXIX.
In all criminal causes, such as the purloining of
ore, gold or silver, lead, tools, and implements, or
any other articles belonging to the mines or the
reducing establishments, offences committed in
the same, whether by one workman against an
other, or in consequence of any breach of subordi
nation on their part towards the officers or cap
tains set over them ; or by the misconduct of
either of these classes towards their masters, the

- 48
Proprietors of the mines ; and finally, in cases of
insult, contumelious language, or want of respect
towards any of the Courts of Miners, the Royal
Tribunal General in Mexico, or the Territorial
Deputations, shall take cognizance, each in their
respective districts, proceeding in and deciding
such causes as are of minor importance, in the
most summary manner according to law, and the
nature of such offences, with a strict regard to
good faith, and in the order already established
for civil causes; but in those, which on account of
their magnitude and aggravation, require by law
the infliction of severe penalties, mutilation, or
other corporal punishments, the said Courts of
Miners shall only exercise the limited jurisdiction
of apprehending the criminals, drawing up the
processes, and transmitting the same to the Royal
Judge of the respective provinces, in order that
the latter may, in due time, lay them before the
criminal chamber of the Real Audieneia of the
district for their final decision.
section xxx.
If, in such criminal causes of minor importance
as are treated of in the preceeding Section, and
the jurisdiction of which has been granted to the
Courts of Miners, for their cognizance and deter
mination, provided they proceed in and decide the
same in the manner directed, any parties shall
appeal, they are to be entitled to all the legal
remedies to be determined by the Courts of Ap-

49
peal, in the manner and form already prescribed
with regard to civil causes, observing the order
required in cases of this nature.
section xxxi.
Whenever any contentions shall arise between
the Tribunal General of Miners, the territorial
jurisdictions, and any other courts or tribunals,
concerning the extent of their several jurisdictions,
I ordain and command, that the Viceroy of New
Spain shall decide the same, and that his deter
mination shall be observed and complied with,
without any other appeal ; and that the Viceroy
shall, in such cases, take the opinion of learned
and able lawyers not connected with either of the
courts between whom such question may have
arisen. section XXXII.
I expressly prohibit the arbitrary application
of the pecuniary fines to be imposed by any of
the Courts of Miners, in the exercise either of the
criminal or civil jurisdiction, granted to them;
and I ordain that they shall be applied in equal
third parts to my Royal Exchequer, the expences
of justice, and to such further objects, as by law
directed. SECTION XXXIII.
The Administrator and the Deputies General,
shall assemble in court every day (except on holy
E

50
days, and those on which it is necessary to hear
Mass,) from the hour of eight to that of eleven ;
and also on extraordinary occasions in the even
ing, and on any day whatever when the urgency
and importance of any affair may require it.
section xxxiv.
The Director General shall have a vote in all
matters relating to the direction, administration,
and management, the jurisdiction of which has
been granted to the Royal Tribunal General in
Mexico, and due and special notice shall be sent
to him on all such occasions to attend ; but I de
clare that he shall have no vote in the substantia
tion and determination of any pleadings or suits,
except only in causes before the Court of Appeal
in Mexico, of which he has been appointed a
member. section xxxv.
All matters relating to public works or supplies
(Abastos), to those of the roads or highways, and
other objects of the same nature, are to be under
the peculiar cognizance and jurisdiction of the
Royal Judges and Magistrates of each District,
but the Royal Tribunal General in Mexico, and
the Territorial Deputations shall give such instruc
tions as they may deem expedient, to the said
Judges and Magistrates, in order that all such
works and supplies may be regulated and pro-

51
portioned in the most fair and equitable manner,
proceeding therein with a mutual understanding,
and acting in concert together.
SECTION xxxvi.
All taxes, and duties, or imposts, as well
public as private, between individuals of the
mining body, which immediately affect the ad
vancement and working of the mines and reducing
establishments, the remuneration or salaries of
those who compose the territorial jurisdictions
of Miners, and of persons appointed to any of
the new offices or situations treated of in these
Ordinances, are to be proposed and regulated by
the Royal Tribunal General in Mexico, and by
the Territorial Deputations, each in their respec
tive districts, but the latter shall be obliged to
lay them, together with the requisite proofs or
attestations, before the Royal Court (Justi-.
cia Real) of the district, for their sanction, but
such taxes, duties, and imposts, shall not be
established or carried into effect, without having
been previously submitted to the Viceroy of New
Spain, in order that, after the necessary enquiries
respecting them by his superior power, they may
be laid before me for my sovereign determination,
for which purpose a report thereof shall be trans
mitted to me by the Viceroy. e 2

52

SECTION XXXVII.
The Royal Tribunal General in Mexico shall
also immediately lay before the Viceroy, an exact
estimate of the salaries to be allowed to the
principal individuals filling offices in the Tribunal,
and of the inferior officers appointed, or to be
appointed, in pursuance of these Ordinances ; in
order that the same may be referred to me by the
Viceroy, with his remarks thereon, for my Royal
Approbation, which is necessary to the secure
establishment of the said Tribunal.

/ .

CHAPTER IV.
OF THE ORDER OF PROCEEDING IN THE
SUBSTANTIATION AND DETERMINATION
OF LAW-SUITS, IN CASES OF A VACANCY
OR NECESSARY ABSENCE OF ANY OF THE
JUDGES OF THE MINERS, OR OF THEIR
REFUSALS (RECUSACIONES) IN THE 1st,
2nd, AND 3rd INSTANCES. SECTION I.
The Royal Tribunal General of the mines shall
not enter upon any business which is in litigation,
without the assembling of three of its Members ;
and if at any time on account of illness, necessary
absence, or any other just and lawful impediment
whatsoever, as by the Judge being interested in
the question, or by his being related to any of
the litigating parties, that number of Judges
cannot be assembled, there shall be substituted
such of the four Advisers residing in the capital
of Mexico as are properly eligible to the same
office, by the rules already laid down ; and the
proper number shall be thus completed ; and the
same thing shall be done with regard to the num
ber of the Judges of Appeal, which is never to
be less than three, according to what has already
been laid down in these Ordinances ; and when-

54
ever in consequence of any of the before-men
tioned impediments, any one of the Territorial
Deputies cannot, or ought not, to be Judge in
any such litigated cause, his place shall be sup
plied by the proper substitute accordingly.
SECTION II.
I prohibit the absolute refusal (recusacion), of
all the Judges of the Royal Tribunal General,
and of those of Appeals ; but one or two par
ticular members may refuse, assigning reasons,
and giving security; it being understood that
those refusing shall not be heard, or any refusal
admitted, after a determination has been made
concerning them. SECTION III.
In the same manner the two Territorial De
puties, acting as judges of the mines, shall not
refuse, though either of them may.
SECTION IV.
In cases where the refusal shall be lawful and
admitted, whether in causes in the first instance,
or in those before the courts of appeal, the va
cancy shall be filled up in the first instance ac
cording to the first Section of this present Chap
ter, and in the latter, by the appointment of the
respective Judges of Appeal, according to Section
xvh. of Chapter III, of these Ordinances.

CHAPTER V
OF THE ORIGINAL OWNERSHIP OF MINES; OF
THE GRANTS TO INDIVIDUALS, AND THE
DUTIES TO BE PAID BY THEM FOR THE
SAME. SECTION I.
The mines are the property of my Royal
Crown, as well by their nature and origin, as by
their re-union, declared by the fourth law of the
thirteenth Title of the sixth Book of the new com
pilation (of Laws and Statutes.)
SECTION II.
Without separating them from my Royal pa
trimony, I grant' them to my subjects in property
and possession, in such manner that they may
sell, exchange, (pass by will, either in the way of
inheritance or legacy), or in any other manner,
dispose of all their property in them, upon the
terms on which they themselves possess it, and to
persons legally capable of acquiring it.
SECTION III.
Be it understood that this grant is made upon
two conditions : First, that they (my subjects)
shall pay to my royal treasury the proportion of
metal reserved thereto ; and secondly, that they
shall carry on their operations in the mines sub-

56
ject to the provisions of these Ordinances, on
failure of which, at any time, the mines of persons
so making default shall be considered as forfeited,
and may be granted to any person who shall de
nounce them accordingly.

CHAPTER VI.
OF THE MANNER OF ACQUIRING MINES ; OF
NEW DISCOVERIES; REGISTERS OF VEINS,
AND DENOUNCEMENTS OF MINES ABAN
DONED AND LOST. SECTION I.
As it is most just and proper to reward with
particularity and distinction those persons who
devote themselves to the discovery of new mineral
places, and metallic veins found therein, in pro
portion to the importance and utility of such
discovery, I order and command that the disco
verers of one or more mineral mountains (Cerros
Minerales), wherein no mine or shaft has been
opened before, acquire in the principal vein as
much as three portions (pertenencias), together
or separate, where it best pleases them, according
to the measures hereafter signified ; and that on
haying discovered more veins, they shall acquire
a portion in each vein, fixing on and making the
said portions within the term of ten days.

57

SECTION II.
The discoverer of a new vein in a mountain
known and worked in other parts, may hold in
it two portions together, or separated by other
mines, on condition that he specifies them within
ten days, as mentioned in the preceding Section.
SECTION III.
He who proposes for a new mine in a vein
already known and worked in part, is not to be
considered a discoverer. SECTION IV.
The persons referred to in the preceding Sec
tions must present a written statement to the De
putation of Miners in that district, or in case there
should not be one in that district, to the nearest
thereunto, specifying in it his name, those of his
associates (if he has any), the place of his birth,
his place of habitation, profession, and employ
ment, together with the most particular and dis
tinguishing features of the tract, mountain, or
vein of which he claims the discovery : all which
circumstances, as well as the hour in which the
discoverer shall present himself, must be noted
down in a register, kept by the deputation and
clerk (if they have one) ; and after this, the said
written statement, shall, for his due security, be
restored to the discoverer, and notices of its ob
ject and contents shall be affixed to the doors of

58
the church, the government-houses, and other
public buildings of the town, for the sake of gene
ral notoriety. And I ordain, that within the term
of ninety days, the discoverer shall cause to be
made in the vein or veins so registered, a pit of a
yard and a half in diameter or breadth, and ten
yards (varas) in" depth, and that immediately on
the existence of the vein being ascertained, one of
the deputies in person shall visit it, accompanied
by the clerk (if there is one), or, if there be no
clerk, by two assisting witnesses, and by the
Mining Professor (Perito Facultatioo) of that ter
ritory, in order to inspect the course and direc
tion of the vein, its size, its inclination on the
horizon, called its falling or declivity, its hardness
or softness, the greater or less firmness of its bed,
and the principal marks and species of the mineral ;
taking exact account of all this, in order to add the
same to the entry in the register, together with
the act of possession, which must immediately
be given to the discoverer in my Royal name,
measuring him his portion, and making him enclose
it by poles at the limits as hereafter declared ;
after which an authentic copy of the proceedings
shall be delivered to him for the security of his
title. section v.
If during the above named, ninety days any one
should appear asserting a right to the said dis-

59
covery, a brief judicial hearing shall be granted,
and judgment given in favour of him who best
proves his claim ; however, if this should happen
after the stated time, he (the new claimant) shall
not be heard. SECTION VI.
The restorers of ancient mines which have been
abandoned and left to decay, shall enjoy the same
privileges as discoverers, of choosing and posses
sing three portions in the principal vein, and one
in each of the others, and both revivers and dis
coverers shall, as an especial reward, be on all
occasions preferred to other persons, under parity
of circumstances. SECTION VII.
If there arises any question as to who has been
the first discoverer of a vein, he shall be con
sidered as such who first found metal therein,
even though others may have made an opening
previously; and in case of further doubt, he who
first gets it registered, shall be considered as the
discoverer. SECTION VIII.
Whoever shall denounce in the terms hereafter
expressed, any mine that has been deserted and
abandoned, shall have his denouncement received,
if he therein sets forth the circumstances already
declared in Section iv. of this Chapter, the actual
existence of the mine in question, the name of its

60
last possessor, if he is acquainted with the same,
and those of the neighbouring miners, all of whom
shall be lawfully summoned, and if within ten
days they do not appear, the denouncement shall
be publicly declared on the three following Sun
days ; this meeting with no opposition, it shall be
signified to the denouncer that within sixty days
he must have cleared and reinstated some work
of considerable depth, or at least of ten yards per
pendicular, and within the bed of the vein, in
order that the Mining Professor may inspect its
course and inclination, and all its peculiar cir
cumstances, as is declared in the above-named
Section iv. The said Professor should, if it bepos-
sible, examine the pits and works of the mine, and
see if they are decayed, destroyed, or inundated ;
whether they contain a draft-pit or adit, or are
capable of such ; whether they have an outer
court, (galerd), a whim, (malacate), machines,
rooms for habitation, and stables ; and an account
and register of all these circumstances must be
entered in the corresponding book of denounce
ments, which should be kept separately. And
the said examination being made, the portions
being measured, and bounded by stakes in the
ground, as shall hereafter be explained, possession
of them shall be given to the denouncer, without
regard to any opposition, which cannot be at
tended to, unless made within the term before

61
described; however, if during that time any
opposition is brought forward, the parties shall
have a brief judicial hearing, and the cause
be determined accordingly. SECTION IX.
If the former Mine-owner should appear, in
order to oppose the denouncement, when the
three public proclamations are over, and when the
denouncer has commenced the sixty days allowed
for reinstating the pit often yards, he shall not be
heard as to the possession, but only as to his
right in the property ; and if he succeeds in esta
blishing this, he must make good the expences
incurred by the denouncer, unless the latter is
proved to have acted fraudently, in which case he
must lose such expences. section x.
If the denouncer does not make, or complete,
the shaft as prescribed, nor take possession
within the sixty days, he loses his right, and any
other person has the power of denouncing the
mine. If, however, from the ground being entirely
broken up, or otherwise difficult and impracti
cable, or for any other real and serious obstacle,
he has been unable to complete the same within
the said sixty days, he must have recourse to the
respective Territorial Deputation, when his dif
ficulties being examined and proved, the period
may be prolonged for as long a time as theDepu-

62
tation may think necessary for the purpose, and
no more ; no opposition to his claim being ad
mitted after the ordinary term of sixty days.
SECTION XI.
If any one denounce a mine as forfeited, on
account of the non-observance of any of these
Ordinances, which bear that penalty, such claim
shall be allowed to him, provided he can lawfully
establish any such cause of forfeiture.
SECTION XII.
If the former possessor of the mine, or any
person claiming in right of him, shall declare the
having left therein, any exterior or moveable
works made at his expence, such as coverings of
outer courts (galeras), machines, or other things
of this class, and of which the denouncer may
usefully avail himself, he shall be paid for them
according to the valuation of surveyors.
SECTION XIII.
If any one shall denounce any intermediate
space (demasia), in the vicinity of mines already
occupied, it can only be granted him in case the
owners of the adjoining mines, or any one of
them, should not desire it for themselves ; how
ever, if these persons have not occupied it, or
shall not do so within the time which the Depu
tation of that territory, after considering the cir
cumstances of the case, shall prescribe, it shall be
adjudged to the denouncer.

63

SECTION XIV.
Any one may discover and denounce a vein, not
only on common land, but also on the property
of any individual, provided he pays for the extent
of surface above the same, and the damage which
immediately ensues therefrom, according to the
valuation of surveyors on both sides, and arbitra
tion in case of disagreement ; the same is to be
understood with regard to denouncing convenient
places for erecting establishments, and also waters
for moving the machines employed for the reduc
tion of ores, commonly called reducing establish
ments, (haciendas), provided in each case, that no
more of the ground, and no more of the water be
used, than is necessary for such purposes.
SECTION xv.
1 f, however, any one denounces a mine or esta
blishment within a town or village, whereby its
principal edifices might be injured, or other simi
lar inconvenience might arise, the denouncement
shall not be admitted without previous applica
tion to the Royal Tribunal General of Mexico, in
order that they, after consulting with the Su
preme Government, may determine the case with
all due prudence and circumspection.
SECTION XVI.
Ant one may denounce the ancient site of an
establishment, without paying any thing for the
same, although there may be found thereon, walls,

64
drains, yard, washing-places, furnaces, chimneys,
dwelling house, &c. provided they are totally
deficient in roofs, machines, tools, and timber-
work ; if these latter exist, the former proprietor
must have notice sent him to re-establish, sell, or
let them, within the space of four months, and on
his failing to do so, they shall be granted to the
denouncer, on condition of his paying the said
proprietor for all useful moveables, according to
the appraisement and judgment of surveyors.
SECTION XVII.
I prohibit any one (not being the discoverer),
from denouncing two contiguous mines upon one
and the same vein; but I permit any person to
acquire and possess one by such denouncement,
and another or more, by purchase, gift, inheritance,
or other just title. And I further declare, that if
any one desires to attempt the re- establishment
of several inundated or decayed mines, or other
considerable enterprise of this kind, and for this
purpose claims the grant of several portions, al
though they be contiguous and upon the same vein,
such claim must be laid before the Royal Tribunal
General of Mexico, in order that the circum
stances and importance of the undertaking being
ascertained, they may acquaint the Viceroy there
with, who on finding therein nothing prejudicial
to the body of the Miners, the Public, or my
Royal Treasury, shall grant him this and other

65
privileges, exemptions, and aids, on condition
that my Royal approbation is previously obtained
to all such favours, which cannot be granted by
the ordinary authority of the Viceroy.
section xviii.
Beds of ore (placeres) and all other deposito
ries (criaderos) of gold and silver, on being dis
covered, shall be registered and denounced in the
same manner as mines or veins, the same being
understood of all species of metal.
SECTION XIX.
Inasmuch as the waste ground (desechaderos),
and earth heaps (terreros), of abandoned mines,
are generally the support of the widows and
orphans of the working miners, the old men
and invalids, and all other distressed persons of
that employment, and even of all the inhabitants
of the district, when the mines are not in a course
of working, I prohibit any individual from de
nouncing them, in order to appropriate them to
himself, unless he at the same time denounces the
mines to which they belong.
section xx.
The same prohibition is to be understood with
regard to the dross, (escoriales) rubbish, and refuse,
(lameros), of those smelting houses and estab
lishments of which nothing is left but the walls;
but I order that if they have an owner, notice
shall be given to him, and a certain time allowed,
F

66
in which if he does not avail himself of the vessels
(resocas) and other remains, nor the community
derive any benefit therefrom, they shall be granted
to any person denouncing them.
SECTION XXI.
Though in the regular veins, or in the banks,
oeds, or other mineral depositories, (rebosaderos)
great natural masse's of virgin gold and silver may
be found, I declare that the owners of the mines
are to acquire and possess them," on paying the
just duties; and I also declare that only ancient
deposits of money or jewels, of ingots, or grains,
and any ojther fragments, smelted by man, and
buried by thieves, or in any other manner from
time immemorial, so that the owner thereof is
unknown, shall be retained as treasure.
SECTION XX1I.
I likewise grant, that in the prescribed form,
may be discovered, claimed, registered, and de
nounced, not only mines of gold and silver, but
also those of precious stones, copper, lead, tin,
quicksilver, antimony, zinc, bismuth, rock salt,
or other fossils, whether perfect or mixed metals,
bitumen, or other production of the earth, the
denouncers thereof receiving grants of the same,
according to the circumstances : but I declare
that although the free discovery and denounce
ment of the quicksilver mines is permitted, it
it must be on the express condition of giving an

67
account of them to the Viceroy, and to the sub-
delegate of the quicksilver mines of Mexico, in
order that it may be considered and determined
whether the said mine or mines shall be worked
at the expence, and for the advantage, of that
individual who discovered and denounced them,
on his punctually delivering all the quicksilver
extracted from them into the Royal storehouses,
under the terms and prices stipulated ; or whe
ther it shall be done on the account of my Royal
Treasury, indemnifying the party by some equit
able award, having regard to the circumstances
of the said discovery and denouncement, the
whole of this important subject being regulated
according to my sovereign intentions recently
declared upon this subject.

f 2

CHAPTER VII.
OF THE PERSONS WHO MAY OR NOT DISCO
VER, DENOUNCE AND WORK THE MINES.
SECTION I.
To all the subjects of my dominions, both in
Spain and the Indies, of whatever rank or condir
tion they may be, I grant the mines of every
species of metal, under the conditions already
stated, or that shall be expressed hereafter, but
I prohibit foreigners from acquiring or working
mines, as their own property, in these, my
dominions, unless they be naturalized or tole
rated therein by my express Royal licence.
SECTION II.
I also prohibit regulars of religious orders, of
both sexes, from denouncing, or in any manner
acquiring, for themselves, their convents, or com
munities, any mines whatever ; it being under
stood that the working of the mines shall not
devolve upon the secular ecclesiastics, as being
contrary to the laws, to the orders of the Mexican
Council, and to the sanctity and exercise of their
profession ; and therefore, in consequence of this
prohibition, all such secular ecclesiastics shall be
expressly obliged to sell or place in the hands of

69
lay subjects, the mines or establishments for smelt
ing ore, and reducing establishments, which have
devolved on them by inheritance or other cause,
the same being completed within the term of six
months, or within such time as may be considered
necessary to ensure a useful result, which is to be
fixed by the Viceroy, with a previous intimation
to the Royal Tribunal General of the mines, pro
vided that if it is ascertained that, by artifice or
fraud, the effects of this article are attempted to
be eluded, to the prejudice of the working of such
mines and establishments, in which the state is so
much interested, they shall be denounced, and
disposed of in the same manner as mines in gene
ral. SECTION iii.
Neither shall mines be held by Governors,
Intendants, Mayors, Chief Judges, nor any other
public officers whatever, of the Mine-towns and
districts, nor their clerks ; but I permit such
persons to hold mines, in any territory out of their
own jurisdiction. section iv.
Neither shall Administrators, Stewards, Over
seers, Keepers of Tallies,* Workers or Watchers

See this word explained in Chapter XII. Sect. vn. post.

70
of mines, nor in general any person in the service
of Mine-owners, whether of superior or subordi
nate class, be permitted to register, denounce, or
in any other manner, acquire mines within a space
of a thousand yards round those of their masters,
but I allow them to denounce any mine for their
said master, even though not authorised by them
to do so, provided the aforesaid masters make
good the denouncement in the terms prescribed
by Section vin. of Chapter VI. of these Ordi
nances. section v.
No one shall denounce a mine under any cir
cumstances of concealment or fraud for another,
nor even publicly, unless he has his power or
letter of attorney for that purpose, according to
established usage. SECTION VI.
Neither shall any one denounce a mine for him
self alone, if he has previously had partners in the
transaction ; and I ordain that the denouncer shall
declare his partners in his written statement,
under penalty, if he fail so to do, of losing his
share thereof.

CHAPTER VIII.
OF PROPERTIES, AND INTERMEDIATE SPACES
BETWEEN PROPERTIES, NOT BELONGING TO
EITHER; AND OF THE MEASURES, HENCE
FORWARD TO BE USED IN THE MINES.
SECITON 1.
Experience having shown that the equality of
the mine-measures established on the surface
cannot be maintained underground, where in fact
the mines are chiefly valuable, it being certain
that the greater or less inclination of the vein upon
the plane of the horizon, must render the respec
tive properties in the mines greater or smaller, so
that the true and effective impartiality, which it
has been desired to show towards all subjects, of
equal merit, has not been preserved ; but on the
contrary, it has often happened that when a Miner
after much expence and labour, begins at last to
reach an abundant and rich ore, he is obliged to
turn back, as having entered on the property of
another, which latter may have denounced the
neighbouring mine, and thus stationed himself
with more art than industry. This being one of
the greatest and most frequent causes of litigation
and dissension among the Miners, and consider
ing that the limits established in the mines ot
these kingdoms, and by which those of New Spain

72
have been hitherto regulated, are very confined
in proportion to the abundance, multitude and
richness of the metallic veins which it has pleased
the Creator of his great bounty to bestow on those
regions, I order and command that in the mines
where new veins or veins unconnected with
each other, shall be discovered, the following
measures shall in future be observed.
SECTION II.
On the course and direction of the vein whether
of gold, silver, or other metal, I grant to every
Miner, without any distinction in favour of the dis
coverer, whose reward has been already specified,
two hundred yards (varas,) called measuring yards
(varas de medir) taken on a level, as hitherto under
stood. SECTION III.
To make it what they call a square, that is,
making a right angle with the preceding measure,
supposing the descent or inclination of the vein
to be sufficiently shewn by the opening or shaft
of ten yards, the portion shall be measured by
the following rule. SECTION IV.
Where the vein is perpendicular to the horizon
(a case which seldom occurs,) a hundred level
yards shall be measured on either side of the vein
or divided on both sides,*as the Miner may prefer.

73
SECTION V.
But where the vein is in an inclined direction,
which is the most usual case, its greater or less
degree of inclination shall be attended to in the
following manner. SECTION VI.
If to one yard perpendicular the inclination be
from three fingers (dedos) to two palms, (palmos),
the same hundred yards shall be allowed for the
square (as in the case of the vein being perpen
dicular.) SECTION VII.
If to the said perpendicular yard there be an
inclination of
2 palms and 3 fingers, the square shall be of 112J yards
2  6  125
2  9  137J
3  150
3  3  162|
3  6  175
3  9  187|
4  200
So that if to one perpendicular yard there cor
respond an inclination of four palms, which are
equal to a yard, the miner shall be allowed two
hundred yards on the square on the declivity of
the vein, and so on with the rest.
SECTION VIII.
And supposing that in the prescribed manner

74
any Miner should reach the perpendicular depth
of two hundred yards, without exceeding the
limits of his portion, by which he may commonly
have much exhausted the vein, and that those
veins which have greater inclination than yard for
yard, that is to say, of 45 degrees, are either bar
ren or of little extent, it is my sovereign will that
although the declivity may be greater than the
above mentioned measures, no one shall exceed
the square of two hundred level yards ; so that
the same shall be always the breadth of the said
veins extended over the length of the other two
hundred yards, as declared above.
SECTION IX.
However, if any Mine-owner suspecting a vein
to run in a contrary direction to his own, (which
rarely happens), should choose to have some part
of his square in a direction opposite to that of his
principal vein, it may be granted to him, provided
there shall be no injury or prejudice to a third
person thereby. SECTION X.
With regard to the banks (placeres) beds,
(rebosaderos), or any other accidental depositories
of silver or gold, 1 ordain that the portions and
measures shall be regulated by the respective
Territorial Deputations of Miners, attention being-
paid to the extent and richness of the place, and

75
to the number of applicants for the same, with
distinction and preference only to the discoverers;
but the said Deputations must render an exact
account thereof to the Royal Tribunal General of
Mexico, who will resolve on the measures which
they, in their j udgment, may consider the most
efficacious, in order to avoid all unfair dealing in
these matters. section XI.
The portions being regulated in the manner
described above, the Denouncer shall have his
share measured at the time of taking possession
of the mine, and he shall erect round his bounda,-
ries, stakes or landmarks, such as shall be secure,
and easy to be distinguished, and enter into an
obligation to keep and observe them for ever with
out being able to change them ; though he may
alledge that his vein varied in course or direction,
(which is an unlikely circumstance) ; but he must
content himself with the lot which Providence
has decreed him, and enjoy it without disturbing
his neighbours : if, however, he should have no
neighbours, or if he can, without injury to his
neighbours, make an improvement, by altering
the stakes and boundaries, it may be permitted
him in such case, with the previous intervention,
cognizance, and authority, of the Deputation of
the District, who shall cite and hear the parties,

76
and determine whether the causes for such en
croachment are legitimate. SECTION XII.
In the mines already opened and worked, the
old measures of the portions shall be retained ;
but they may be extended to the limits prescribed
in these Ordinances, whenever such change can
take place without prejudice to third persons.
SF.CTION XIII.
The immutability of the stakes or boundaries
already defined in Section xi. of this Chapter,
shall also be observed henceforward, in those
mines which are in a course of working, or which
shall be denounced as deserted or lost, the limits
being ascertained in those cases where there
are none at present, and each being attended
to in their order, beginning with the oldest ; and
as to any intermediate spaces, (demasias), they
shall be regulated according to the provisions of
Section xiii. of Chapter VI.
SECTION xiv.
As it has been found that the licence or per
mission of following a vein into another person's
property, by working lower down and within the
vein, and having enjoyment thereof, until the
owner himself has also bored it, has been, and is
the most fruitful cause of bitter dissensions, liti
gations, and disturbances among the mine-owners,
and further considering that such intrusion is

> 77
more generally the result of fraud or chance
than of the merit and industry of the person so
intruding, and that the consequences thereof oc
casion, for the most part, nothing but serious de
triment to, or the total ruin of, the two mines and
the two neighbouring Miners, to the great prejudice
of the public, and of my Royal treasury, I order and
command that no Mine-owner shall enter the pro
perty of another, even though merely by continu
ing his own vein at a greater depth, but that every
one shall keep and observe his own boundaries,
unless he makes an agreement and stipulation
with his neighbour, to be permitted to work in
his property. SECTION xv.
But if a Mine-owner, pursuing his operations
fairly, comes to the property of another while in
pursuit of a vein which he is working, or discovers
it at that time without the master of the property
being aware of its existence, he shall be obliged
to give such proprietor immediate notice thereof;
and the two neighbours shall thenceforward divide
the cost and profit equally between them : one
for the merit of the discovery, and the other as
owner of the property ; all which, until there
shall be a communication effected between the
mines, either by the principal vein, or a cross
lode, or in any manner that may be most conve-

78
nient; whereupon after erecting a mutual boundary
(guar da-ray a,) each proprietor shall remain within
his own boundaries. But if any one so discover
ing and following a lode, into the property of his
neighbour, fails to give immediate notice thereof
to such neighbour, he shall not only lose his right
to the half of all the metal, that may be extracted,
but also shall pay double the value of what he
has already extracted, it' being understood, that
before exacting this penalty, fraud and miscon
duct of persons so encroaching must be proved
in the plainest and most satisfactory manner, ac
cording to the form prescribed in Chapter III.
SECTION XVI.
And in case a Mine-owner shall have advanced
so much in his subterranean operations as to have
passed beyond the limits of his own property, whe
ther in length or square measure, I declare that he
shall not on this account be obliged to turn back
or suspend his work, provided the ground he has
entered be unclaimed (terreno virgen) or within
the limits of a deserted mine : he must however
denounce this new property, which shall be
granted him, observing always that such new
portion must not exceed its former size, and that
he must move his boundary marks to his new
limits, in order that they may be generally
known.

79

SECTION XVII.
The Mine-owner shall not only possess a por
tion of the principal vein which he denounced, but
likewise of all those, which, in any form or man
ner whatever, are to be found in his property ;
so that if a vein takes its rise in one property,
and, passing on, terminates in another, each pro
prietor shall enjoy that part of it which passes
through his particular limits, and no one shall be
entitled to claim entire possession of a vein from
having its source in his portion, or on any other
pretence whatever.

CHAPTER IX.
OF WORKING, SUPPORTING, AND PROTECT
ING THE MINES.
SECTION I.
It being of the greatest importance that the
lives of workmen, and other persons obliged con
tinually to enter and go out of the mines, should
not be endangered, and that the mines should be
kept in the state of security and convenience ne
cessary to their beirig successfully worked, even
although they may have been judged useless and

80
impracticable by their first possessors, and aban
doned accordingly ; and it not being possible to
establish any general and absolute rule on the
subject on account of the variety of circumstan
ces of each mine, the greater or less hardness,
tenacity, and adherence of the sides, (respaldos,)
and of the substance of the vein itself; its greater
or less inclination, width, and depth, inducing
much diversity in the size and number, of the
pillars, arches, beams, (testeras), cross-beams (in-
termedios), and other props, which may be left or
constructed to support the sides, and also in the
distribution of the works necessary to proper ven
tilation, and the convenient removal of the sub
stances extracted from the mine ; all which can
not be effected without true practical skill and
science in the working of mines ; I ordain and
command as follows •
SECTION II.
It shall not be permitted to any one, to work
the mines without the assistance and direction of
one of those able and intelligent surveyors, who
are called in New Spain, Miners, (mineros) or
mine-watchers, (guardaminas) who must have
been examined, qualified, and approved by the
Mining Professor (perito facuttativo) appointed
to be in every Mine-town or district, of whom
mention will be made hereafter, Chap. XVII.
Sect. i. However, in the very poor and remote

81
Mine-towns, where there may be neither Mining
Professor, nor qualified and approved surveyor,
they may be allowed to proceed under the direc
tion of the most accredited and intelligent sur
veyors |who can be found there, until these, or
others, shall be examined and licensed : the same
being understood in all cases which require the
direction or intervention of a surveyor, in order
that, in judical proceedings, they may meet with
the confidence and credit they deserve.
SECTION III.
For the design and execution of shafts (tiros)
levels, (contra-minas) or adits, (socabones) and other
great and difficult works, which, if they do not turn
out successfully, render useless the great expen
ces which have been bestowed upon them, the
direction of one or more of the Guardaminas, shall
not be sufficient, but the inspection or interven
tion of one of the aforesaid Professors of Mining
shall be necessary, with the obligation on his part
of visiting the work once every month, or once
in two months, as the progress of it may require,
in order that, if he perceives any error in the ex
ecution, he may amend it in time, and before it
occasions further expences. SECTION IV.
In mines opened on a vein, of which the sides
and interior substance are soft, and have so little.
tenacity, or adhesive property, that on being ex-

82
posed' to the air they moulder away, and open
into cracks and crevices* or which, from any other
causes, are perceived to be insufficient by them
selves to maintain the security and firmness of the
mine, I ordain and command that the works shall
be lined and secured with large solid timber of
known durability, and such. as is least liable to
decay under ground, cut and prepared according
to the rules of art; or with good mason work of
stone and mortar, if, the value and other circum
stances of the mine permit or require it : for which
purpose there must be in all the mining places,
towns, and districts; a certain number of those
artificers, carpenters, and masons, who are called
liners, (ademadores), and these must have jour
neymen and apprentices, in order to preserve and
continue the exercise of this important business,
which ought to be well paid and encouraged.
SECTION v.
In order to prevent the introduction of artificers
who have, not the requisite, experience and intel*
ligence in subterranean architecture, none shall
be admitted (in any place), who have not beem
examined and approved by the Mining Professor
of that place, or of some other.
SECTION VI..
If any mine-owner, in consequence of the great
richness of the metallic substances in his vein,
is desirous of substituting for the pillars, beams.

83
or sufficient and necessary supports, made of the
metallic substance itself, others constructed with
mason-work of stone and mortar, he may be per
mitted to do so, under the inspection of one of the
deputies of the district, assisted by his clerk, and
with the approbation of the Mining Pfiefessor.
SECTION VII.
I strictly prohibit any one from taking away,
or in any degree weakening and diminishing the
pillars, beams, and necessary . supports of the
mines, under pain of ten years' imprisonment, to
be inflicted according to the form prescribed by
Chapter III. of these Ordinances, by the respec
tive judge in each case, upon any workman,
searcher (buscon), or investigator, (cateador) who
shall have committed such offence, and the same
upon the Miner or Mine-watcher who has per
mitted it ; and the master of the mine shall lose
the same, together with the half of his property,
(bienes), and be for ever excluded from all
mining employments. SECTION VIII.
I ordain and command that the mines shall be
kept clean and unobstructed, and that the works
necessary or useful for the circulation of air, the
carriage and extraction of the metal, or other
purposes, although they may contain no more
metallic matter than such as may remain in the
pillars and partitions (intermedios), shall not be
g 2

84
encumbered with rubbish (atierres), and clods of
earth (tepetates), but that all these must be carried
out, and thrown by each person on the earth-
mound of his own property, but on no account
upon that of another person, without his express
leave and consent. section ix.
In the mines there must be proper and safe
steps or ladders, such and as many as are con
sidered necessary by the Mining Surveyor, for
the pvrpose of ascending and descending to the
farthermost works, so that the lives of persons
employed in the mines r.-.ay never be endangered
by their being weak, insecure, rotten, or much
worn. section x.
In order to avoid the violation of the provisions
of any of the Sections contained in this Chapter,
it is my sovereign will that the Deputies of the
Miners, accompanied by the Mining Professor of
the district, and by the clerk if there be one, or,
in default of him, by two witnesses in aid, shall
once in every six mouths, or once in every year,
(in places where the "ormer is impracticable) visit
all the mines in their jurisdiction which are in a
course of actual working ; and if they find any
failure in the po"its referred to in the above-
mentioned Sections, or in any others whatever,
which regard the security, preservation, and bet-

85
ter working of the mines, shall provide imme
diately aTemedy for such defect, and take means
to assure themselves that such remedy is carried
into effect. And if the remedy be not applied, or
if the same failure shall occur aga n, the proper
penalties must be exacted, multip ;, ing and ag
gravating them even to the extent of dispossessing
the peiftO'i so offending of the mine, which shall
then belong to the first person who may denounce
it; provided tbe Deputies proceed in the form
prescribed by, Chapter III. of these Ordi
nances. SECTION XI.
I most rigorously prohibit all persons from
piercing through adits or cross levels (cruceros),
or other subterraneous passages, from works
which are higher and full of water, or from
leaving between them and others such slight sup
ports as may allow the water to burst through ;
on the contrary, persons owning such works, must
have them drained by engines before they shall
attempt to communicate with new ones, unless
the Mining Professor should judge that such
piercing through will not be attended with danger
to the workmen engaged in it.
SECTION XII.
Also I prohibit all persons from introducing
workmen into any works containing noxious va-

86
pours, until they have been properly ventilated,
according to the rules of art.
SECTION XIII.
Whereas the mines require incessant and con
tinual working in order to procure the metals,
certain operations being indispensable, which can
not without much time be accomplished, and
which, if interrupted, generally require as great
expences in their re-establishment, as they did in
their original undertaking ; wherefore, to remedy
such inconvenience, and also to prevent masters
of mines, who either cannot, or will not, work
them, from keeping themin an useless state for a
length of time, by^pretending to work them, and
thus depriving them of the real and effective
labour which others might bestow on them, I
ordain and command, that whosoever, during four
successive months, shall fail to work any mine
with (at least) four paid workmen, (operarios
rayados) occupied in some exterior or interior
work\ of real utility, shall, by so doing, lose all
his right in the said mine, which shall belong to
any person denouncing it, upon his satisfactorily
proving, according to the provisions of Chapter
VI. such act of desertion on the part of the
owner. SECTION XIV.
Experience having shewn that the provisions

87
of the preceding Section have been eluded by the
artful and fraudulent practice of some owners of
mines, who cause their mines to be worked during
some days in each (interval of) four months,
keeping them in this manner many years in their
possession ; I ordain that whosoever shall fail to
work byis mine in the manner prescribed by the
said Section, during eight months in the year,
counting from the day of his coming into pos
session, even though the said eight months should
be interspersed with some days or weeks of
labour, shall by such failure forfeit the mine ; and
it shall be adjudged to the first person who
denounces the same, and satisfactorily proves this
second species of desertion; unless- for this, or
the, one mentioned in the [preceding ; Section-,
there.be just cause assigned, such as pestilence,
famine, or war, in that same mining platee, or
within twenty leagues thereof.
SECTION XV. - ¦-'¦-> 4
Considering that many Mine-owners, who have
formerly worked their mines with ; ardour and
diligence, expending. lacge sums in sbafts,-adits>
and other expensive undertakings,- may often be
obliged to suspend their operations, while soli
citing supplies, or from want o£i..wo.rjsmen, or
necessary provisions, and other just and sufficient
causes, which, ioombined with their former merit.
render them worthy of equitable consideration ;

88
I declare that any such Mine-owner, keeping his
mine in disuse in the manner and for the time
above mentioned, shall not forfeit it at once in
the manner described above, but his mine shall
nevertheless be liable to denouncement before the
respective new Tribunals of Miners, in order that
both parties having been heard, and the alledged
merits and causes considered and proved, justice
may be done between the parties.
section xvi.
Since many Mine-owners abandon their mines,
either for want of the capital necessary for car
rying on operations therein, or because they do
not choose to consume that which they may have
already acquired from them, or because they have
not spirit to venture on the difficulties of those
undertakings, from which they may have con
ceived great hopes, or for other causes ; and
since persons are not wanting, who might be
desirous of taking such mines, if they were in
formed of their intended abandonment; and as it
is much easier to maintain a mine when in a course
of working, than to reinstate it after it has suf
fered the injuries of time, it is my will that no
person shall abandon the working of his mine or
mines without making the Deputation of the
district acquainted therewith, in order that the
Deputation may publish the same, by fixing a
notification on the doors of churches and other

89
customary places, for the information of all per
sons. SECTION XXLi.
In order to avoid the false or equivocal reports
which are often spread concerning deserted mines,
the consequence of which reports is to augment
the distrust in which this profession is ordinarily
held, deterring many persons from engaging
therein, who do not otherwise want inclination
to follow it, I ordain, —
SECTION XVIII.
That no one shall abandon the working of his
mine without giving notice to the respective De
putation, in order that an inspection may imme
diately be had thereof by the Deputies, accom
panied by the Clerk and Surveyors, who must
examine and measure the mine, particularizing all
its circumstances, and draw up a map describing
its plan and outlines, which, together with all the
necessary information, must be preserved in the
Archives, with liberty of access to all persons
who may wish to see it, or to take a copy thereof.

CHAPTER X.

OF DRAINS IN MINES.

SECTION I.

As in most of the mines springs and currents
frequently occur, from whence the water issues
continually, and in such abundance as might in a
short time inundate and overwhelm the works, to
the hindrance of all progress in the extraction of
the metals ; I desire and command that the own
ers of such mines shall keep their works con
stantly drained and evacuated, so that at all times
the 'operations may be carried on, and the metals
extracted, without interruption.
SECTION II.
As it is much the most convenient and least
expensive method of draining to countermine
(contraminar) the veins by means of adits, I or
dain that in all those mines which require draining,
and whose situation will admit of it, and where
benefit is likely to arise therefrom, according to
the judgment of the Mining Professor of the dis
trict, the owners be obliged to make an adit suf
ficient for the draining and clearing of the works,

91
provided the riches and abundance of the ores are
likely to repay such expence.
SECTION III.
Whereas several mines may sometimes be
drained and cleared by one and the same adit,
though each of them singly might be insufficient
to support the expence thereof, I declare that the
adit sha.ll be made and completed, and the expence
divided among all the proprietors in proportion to
the benefit they will each derive from it : and if
this proportion cannot at the time be ascertained,
the expence shall be divided among them in the
mean time in equal parts, such parts being fixed
according to the sum which the poorest of them
can afford to pay, and should this one improve in
condition, then the said parts shall be regulated
according to what the poorest of the others can
pay ; so that the works of the adit may not be
suspended; and all these points must be esti
mated and regulated by the Deputation of the
district, according to the judgment of the respec
tive,- Mining Professor. SECTION IV.
If any individual should .offer to make an adit
by which one or more veins, or the mines opened
in them, might be drained and cleared, although
he be not the proprietor of any of them, either
entirely or in part, his denouncement shall be
received in due form, and immediate notice given

92
to the owners of the said mines, who, if they will
undertake such work themselves; are always to
have the preference ; but, on their refusal, it shall
be assigned to the adventurer under the following
conditions : section v.
That the adit be really useful, and its forma
tion practicable, according to the judgment of
the Mining Professor, who must be charged with
tracing out .id determining the plan of the work,
and directing its execution in the manner above
expressed. SECTION VI.
That the countermine shall be drawn, as far as
it is possible, in a right line, and at the least pos
sible distance from the vein or veins intended to
be drained and cleared, or in the line and direc
tion of one of them. section vii.
That the necessary openings for the admission
of air be constructed, or that a counterlevel (con-
tracanon) be made, or some other means adopted
to preserve a free circulation of air for the health
and advantage of the workmen.
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,

93
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 moe 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 remain
ing 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 de
serted mines, the adventurer shall thereby become
master of the same, and mav denounce them as
soon as he projects the wor!c ; it being understood
that he should maintain these and his new por
tions during the progress of his operations as far
as lies in his power. But I declare that as soon
as his "work h 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 di
rection of the vein, half of the metals thence

94
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 iii his adit the dimensions before pre
scribed, 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 expences,
shall be divided equally between them, until there
shall be some communication established with
the works of the master of the mine ; 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 ex
tracted, 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,

95
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 may have made must be punctually
observed, provided they do not interfere with the
injunctions and objects of these Ordinances.
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 ma
chines 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 pro-
portion to the offences which may be proved to
have been committed. SECTION XIV. P
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

96
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 winch require draining, shall be
obliged to make the base or foundation of the
tiro deeper than the lowest works, ^o that suffi
cient support may remain for their being worked,
and enough room in the tiro for the water: the
observance of all which must be watched with
particular care ia the visits of the Territorial
Deputation, the prober penalties being imposed,
as enjoined in the preceding Section.
secvion 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, im
mediate 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

97
of the drain, according to the taxation of 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 clearing 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 deserted mines
h

98
and portions which they shall effectually clear;
even though they may be contiguous, and upon
one and the same vein ; and I command that the
Viceroy, at the representation of the Royal Tri
bunal 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 ex
penses of the same, only in proportion to the
advantage their mines may have received, accord
ing to the valuation of Surveyors, with the appro
bation 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 con
tracts 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 un
dertakings, 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. h2

100

SECTION II.
Although by these Ordinances I prohibit any
individual Mine-owner, working within the ordi
nary limits, from denouncing two adjoining mines
on the same vein, yet notwithstanding, to those
who work in companies, although they be riot the
discoverers, and without prejudice to the right
which they might derive from becoming dis
coverers, I grant the right of denouncingfour 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 altera
tion. section iv.
Bv 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 any 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 part
ners, and there shall be the like division of the

101
produce in metals of all kinds and qualities, whe
ther 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 sup
plies, the administration, and other points con
nected with the operations, I ordain and com
mand, 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 pre
serve harmony among the parties.
SECTION VI.
The votes shall be valued and counted ac
cording to the shares (barras) which each part
ner 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 num
ber 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 numbers of votes,

102
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
to 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
expenses which have been bestowed upon it, and
any one of the partners does not chuse to contri
bute his share of the expense, in this case the
others shall give notice to the respective Deputa
tion, in order that the day may be noted down,
on which he ceased to contribute; and if he per
sists in this conduct during the continuance of
four months, I declare that, 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
continued their contributions, without any obli
gation on their part to denounce the same : but if,
before the expiration of the four months, he shall
contribute his share of the expenses, 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.

103

SECTION IX. t
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)
(established according to the forms before pre
scribed), upon the ground that such dead works
would consume a part or the whole of the pror>
duce of the mine, the rest of the partners may
retain and devote to this purpose a part or the
whole of the produce which falls to his share.
SECTION x.
If one or more mines are worked by two part
ners, and they desire to break up the partnership,
on account of disagreement, or other cause, they
shall not be reciprocally obliged to sell or buy
their shares to or from one another, but each of
them has the right of selling his share to a third
person, giving his partner, however, the first
offer thereof. SECTION XI.
The company is not to be considered as broken
up by the death of one of the partners ; but the
obligation devolves on bis heirs, who have, how
ever, the privilege of selling their share, accord
ing to the terms prescribed in the preceding
section. SECTION XII.
If any share in a mine, or any entire mine,
should be sold, after having been appraised and

104
valued by Surveyors, according to its condition
at the time of the sale, and it should afterwards
become of great value; I declare that the sale
shall riot on that account be rescinded, on allega
tion of the great loss sustained, nor on demand of
being restored to his former situation, (i. e. on
the part of the seller) nor of any similar privilege.

CHAPTER XII.
OF THE LABOURERS IN MINES, AND IN THE
WORKS OR ESTABLISHMENTS FOR THE
REDUCTION OF THE METALS.
SECTION I.
Forasmuch as it is a notorious and well esta
blished fact, that the working Miners are a very
poor class of people, and very useful to the state,
and that they ought to be adequately remune
rated for the severe toil they undergo, I ordain
and command that no Mine-owner shall presume,
on any ground or pretext whatsoever, to alter the
rate of wages established by long usage, and
adopted in all the mining districts, but that the

105
same shall be observed, as well in regard to per
sons employed in the works and machinery, as to
the labourers in the mines, under the penalty, if
at any time any Mine-owner shall diminish the
established wages, of paying the said labourers
the double thereof; and the labourers shall be
obliged to work according to the said established
rate of wages. SECTION II.
The workmen in the mines must be registered
by their own proper names, and must mark with
plain and distinguishable strokes, each occasion
of their leaving their work ; so that they them
selves may know and recognise the same, even
when they are not able to read ; according to the
forms hitherto adopted in New Spain.
SECTION III. - -
The amount of the wages are to be paid every
week to each workman, according to his tallies,
(rayas*), and with the greatest punctuality de
livered in ready money and into their own hands,
in current coin or in silver or gold bullion of good
quality, if there be no ready money, or by part
of the metal which may have been extracted, if

* Literally, the strokes or tallies which represent the wages
due to them. In future, wages will be used in the translation,
as being a more familiar expression.

106
it shall have been so agreed between the parties.
And I strictly prohibit their being compelled to
receive such payments in merchandize, effects,
fruits, or provisions. section iv.
At the time when their wages are paid, they
(the workmen), shall not be forced to satisfy the
debts and charges for which they may be liable,
even though they be such as are usually termed
privileged, without a judicial order for so com
pelling them, except as to those which they may
have contracted with the Mine-owner, with an
understanding that the same should be paid out of
their labour, and even in these cases, not more
than a fourth part of their wages shall be so re
tained. section v.
I prohibit the making demands upon the
workmen for alms, charity, collections for brother
hoods, (cornadillos de cofradias), or any similar
purposes, until they have received their dues,
and these being settled, such donations shall be
left entirely to their free will and disposition.
SECTION VI.
Where the workmen are paid by weekly
rations and monthly salaries, the rations supplied
must be of good wholesome meat, wheat, maize,
Indian corn, pinole, (a fruit of the country), salt,
red pepper, (capsicum), and such other articles

107
as may be usual, according to fixed and exact
measures and weights, to all which particular
attention must be paid in the visits, (of the Ter
ritorial Deputations). SECTION VII.
Each workman or servant of the mines, referred
to in the preceding Section, must keep in his
possession a paper, in which shall be marked the
parts of his monthly salary which shall have be
come due, as well as every thing which he may
have received on account, all written by the
accountant, (Rayador*), or paymaster of the
mine or establishment, and the dollars and reals
distinguished by circles, lines and half-lines ; so
that each workman may adjust and understand
his own account, and have a proper statement
thereof in his possession. SECTION VIII.
The duties or tasks (tequios o tareas) of the
workmen shall be assigned by the captain of the
Barras-\, who must attend to the hardness or soft-

* Rayador, literally, the inspector or settler of the rayas or
tallies, allnded to and explained in Section ill. of this Chapter;
as it evidently means accountant, in future that expression will
be used for Rayador.
t These Barras are the shares, twenty-four in number, into
which every mine is divided. s

108
ness of substance, the abundance, scarcity and
other circumstances of the work, proceding with
the greatest justice and equity in moderating the
said tasks, in allowing good pay to those em
ployed in such tasks, and in encreasing the same,
under any change of circumstances ; and in case
any party should complain of any particular
grievance, the respective Mining Deputation shall
proceed to redress all injuries by a verbal decree,
or by judicial process, if the parties cannot other
wise be brought to an agreement, all which shall
be done in the form prescribed by Chapter III.
of these Ordinances. SECTION IX.
It is also my Royal will that no supplies shall
be afforded to the Indians of allotment*, (reparti-
micnto), in order that immediately on concluding
their tasks they may return to their villages
and habitations, and others be employed in their
stead as the law requires. And that the free In
dians alone may receive supplies, as far as five
dollars to each, conformably to an act granted by
my Royal Audiency of Mexico ; although in cases
of any peculiar urgency, such as the celebration
of their marriages, or the funerals of their wives
or children, I permit that on the same being pro-
* Indios de repartimiento, the Indians who are lotted in di
visions from time to time, and sent to work in the mines ; in
opposition to free Indians.

109
ved to the satisfaction of the Mine-owner, Ad
ministrator, or Overseer, (Mandon), by a certificate
from the curate (of the parish of an Indian so
circumstanced), he may be furnished with what
is necessary for such purpose.
section x.
Both the Mine-owners and the workmen shall
be entirely at liberty to agree between themselves
whether they shall be paid for their work by the
task, by a share of the profit, (a partido), or by
salary and share of the profit.. Supposing
this mutual liberty understood, when the mine
is not worked by share of the profits merely,
the owner or administrator shall pay the work
men such wages or salary as shall be con
formable to the First Section of this Chapter;
and if, when the arrangement is for task-work,
any one of the labourers, called Barreteros*,
having finished his task, shall continue volun
tarily for all or part of the time remaining, to
extract further ores, the Mine- owner shall not be
obliged to pay otherwise than in money, and in
proportion to his daily rate of wages, for all such
ore as may be extracted. But if in order to
promote and stimulate the exertions of the work
men, the Mine-owner or administrator should
agree to pay them at a certain rate for every sack
* Barretero, literally, a person employed in such barras
or shares as are explained above, Section VIII. Note.

110
or bag (tenate) of metal which they may extract
beyond their task, or to pay them for the same
with a part of such metal, all such contracts shall
be fulfilled according to the engagements on both
sides, provided the circumstances shall not have
materially changed in the opinion of the respective
Mining Deputies ; and if these should disagree,
the respective Substitute shall decide according
to the rule already established in such cases; but
in all that regards the terms on which labourers
are to work in the mines, whenever there shall
arise any dispute between them and the master
or steward of the mine, (Mayordomo), which may
occasion injury to its working and progress, and
consequently to the State, and either of the
parties shall make an appeal, the respective De
putation shall decide the same, and eventually
if necessary, the said Substitute, conformably to
the practice established in the mine in question,
or, if it be a new mine, then in conformity with
the practice of the district.
SECTION XI.
The ore extracted in the course of the task
work, and that extracted in working for a share
of the ore, shall be received and attested by the
accountant, or inspector, or other person, ap
pointed for that purpose by the Mine-owner; and
if he thinks the ore delivered by any labourer as
his share-work, better or purer than that of his

Ill
task, they shall both be mingled together in the
presence of the workman interested, and shall be
stirred about as much as he may desire, in order
that he may chuse, from whatever part of the
heap so mingled he may prefer, as many sacks,
bags, or measures as there were in his share
before such mixture was made : it being under
stood that no Mine-owner, his steward, overseer,
or other servants shall, on any pretence what
ever, prevent the labourers interested from being
present during all these proceedings, or cause
the sacks to be filled from any other part of the
heap than that which the said labourers shall
choose. SECTION xit.
The Inspector may examine all those who go
in and out of the mines, observing, with the
greatest care, whether they are in a state of
intoxication, or whether they carry with them
any intoxicating liquors ; and he may also regis
ter all that comes in or out of the mine under the
head of breakfasts, dinners, and so forth ; and if
he should discover any stolen metal, tools, gun
powder, or any thing of the like kind, he shall
preventively apprehend, confine, and secure the
thief; and thereupon, give notice to the Territo
rial Deputation, in order that due proceedings
may be instituted, conformably to the regula
tions established by Chapter III. of these'Ordi-
nances.

112

SECTION XI II.
Idle persons and, vagabonds, of whatsoever
cast or condition they may be, who shall be met
with in the mining districts, or the neighbouring
villages, may be seized and 'compelled to work in
the mines, as well also as the labourers who from
mere idleness shall have withdrawn themselves
from this employment, without engaging in any
other ; for which purpose the Mine-owners may
appoint proper officers, (recogedores) by licence of
the courts, and the Territorial Deputations of the
districts, as usual in such cases ; but it is to be
understood, that no Spaniard, or Spanish Mes
tizo,* the latter being considered as a Spaniard,
can be included in such a regulation, as both one
and the other are by law exempted ; and when
such persons have incurred punishment by their
idleness or offences, other penalties must be
inflicted on them, by the proper judge, according
to the nature of their offences.
SECTION XIV.
In the distribution and allotment of the Indians
of the Villages near the mining districts, com
monly called the Indians of the Quatequil, or

* Mestizos are a mixed race, the offspring of an European
and Indian : they are mentioned by Robertson as the third class
of inhabitants in the Spanish Colonies. — See Rob. Amer. Vol-
iv. p. 33.

113
Mita,* to the reducing establishments, the rights
and pretensions, acquired at different times by
the proprietors of such establishments, shall be
maintained and observed in those which are in a
course of working, and have continued so without
interruption ; but in establishments which have
been deserted and abandoned, and whose allot
ment of Indians may have passed to others more
recently established, the latter are to be main
tained in the possession of the same; and, in case
the former should be re-established, they shall
only be entitled to the quatequil of such villages
as shall have before belonged to them, and shall
not have since passed to other establishments ;
and the same is to be observed in respect of the
working companies (quadrillas), both of mines
and of reducing establishments : but in neither
case shall such distribution and allotment of
Indians exceed the proportion of four out of every
hundred, according to the established practice in

* The Mita, or compulsory labour in the mines, by chosen
bands of Indians, so many out of every hundred, is by Hum
boldt said to be wholly abolished in New Spain. — Humb.
New Spain, Vol. i. p. 124.
I can find no account of the word Mita. Perhaps the num
ber of Indians taken for this purpose out of every hundred may
have been originally the half, (mitad) ; this conjecture is ren
dered more probable from the circumstance of the final d being
often omitted in the Spanish pronunciation. I

114
New Spain, and in order that the Mitas may be
regulated as much as possible in favour of the
Indians, I ordain and command, that, in the
execution and fulfilment of the law, Article 1.
Chap. 15, Book 6, and Article 4, Chap. 15,
Book 7, the negroes and free mulattoes, who
wander about as vagabonds, and the mestizos of
the , second class, who are without occupation,
may be compelled to work in the mines; and that
criminals condemned to hard labour, and not
excepted by the preceding section, may be taken
to work in the mines, with the consent of the
mine proprietors, who are to be in that respect
entirely free, either to admit or not to admit such
criminals to work in the mines, according to the
greater or less degree of facility which there may
be of guarding them during the intervals of their
occupation. SECTION XV.
Working Companies belonging to deserted
establishments shall not be allowed to establish
themselves in villages, even though they may con
struct a. chapel and erect a belfry, because by
so doing they appropriate to themselves the earth
and water intended for the supply of such esta
blishment ; thus impeding and wholly preventing
its re-establishment ; to avoid which I desire and
command them always to bear in mind that such
situation may be at any time denounced, and in
case of works being again re-established there,

115
they are again to become part of the working
company, and to be dependant upon the pro
prietor of such establishment. SECTION xvi.
The labourers belonging to working companies
of mines or establishments, shall be obliged to
work on the establishment to which they are
attached, rather than elsewhere, and shall only
be allowed to work elsewhere by the consent of
the proprietor of such establishment, or in case
he shall have no employment for them.
SECTION -XVII.
As it is found by experience, that in unproduc
tive mines there is generally a default of work
men, by reason of their all flocking to , those
mines which are in a course of working, particu
larly where the proprietors allow them a share
of the produce, thereby interrupting and imped
ing the working of the other mines ; for remedy
thereof I ordain and command that the Territorial
Deputations shall cause such workmen as are in a
vagabond state, and not attached to any establish
ment, 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 services; with the
same view, it is my sovereign will that no work
man going from one mine into another, shall be
i 2

116
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 Terri
torial Deputations, as pertaining to their juris
diction. SECTION XVIII.
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.
SECTION XIX.
In cases of thefts committed by the work
men 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 punish
ment due to the offences of the Indians by the
damage sustained, and the malice evinced ; the

117
respective judges in the cognizance of such causes,
regulating themselves by the rules laid down and
declared by Chapter III. of these Ordinances.
SECTION xx.
Workmen who, for slight offences, debts, or
other causes, are imprisoned according to cus
tom, and remain there a long time to their own
destruction, and to thex 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, leav
ing any metal adhering to the surface of the mine,
or in any other manner maliciously concealing
metal, he shall be punished in the manner pre
scribed by Section xix. of this present Chapter.

CHAPTER XIII.

OF THE SUPPLY OF WATER AND PROVISIONS
TO THE MINES.

SECTION I.
The supply of water for drinking being an
object of the greatest importance in mining dis
tricts, 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. SECTION II.
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 po
pulation is supplied; and I command that the
said water be carried off by canals or otherwise.
SECTION III.
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,

119
necessary to the reduction of the metal from the
ore, or which ace employed in the transportation
thereof, or for other purposes connected with the
mines; and I ordain that such places shall be
common property, incapable of being sold to any
individual, church, or religious community ; and
I ordain that if any such places are at present
situated within private limits, they shall be pur
chased of the owners thereof, who shall be paid
for the same, if their possession be lawful, ac
cording to the valuation of a surveyor appointed
on each side, and of a third in case of disagree
ment ; with this 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..
SECTION IV.
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 indi
viduals where it is not the custom for other pas-

120
sengers 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 pro
perty, 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
the proper remedy. section v.
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 accord
ing 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 mo
nopolies, extortions, usuries, and all unfair or
fraudulent contracts or practices whatsoever.
SECTION VI.
All persons shall be at liberty to carry to the

121
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, pro
vided there be just cause for so doing; and there
fore 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 suffi
ciently provided with what is necessary.
SECTION VII.
Without prejudice to the jurisdiction and
cognizance granted to the Royal Courts by Sec
tion 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 there
upon 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 the neigh
bourhood which serve to protect them, or clearing

122
them away for tillage, or otherwise reducing them ;
as also from making any hollows in the neigh
bourhood 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 VIII.
The said Deputations shall likewise' take care
that the rivers and streams preserve their ancient
courses and beds, representing to the Royal 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 Sur
veyor 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

123
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, whe
ther or no such repairs shall be undertaken at the
public expence. SECTION IX.
To the end that the high roads and private ways
necessary for the intercourse of villages in the
neighbourhood of mines, with the rest of the dis
trict 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 Royal 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

124
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 pri
vate roads between villages and mines, between
mines and mines, and also between mines and es
tablishments, the provisions of the preceding Sec
tion 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 esta
blishments; moreover, the Territorial Deputations
are enjoined to visit the said roads frequently,
with the utmost attentipn 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 the rivers, streams, and currents, which
it is necessary to pass over, in order to go to jor
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
and cement, which are more proper for such
rivers, as those which run between high grounds,
at no great distancefirom each other, are generally
deep and rapid, rather than of great width ; for
the necessity of their construction, the amount of

125
their expence, and the ascertaining of the parties
upon whom such expence is to be levied, pro
ceedings 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 pro
viding 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, pro
vided 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 re
gulations 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

126
young trees shall be formed, where there are none;
particularly in those places where there have been
such plantations formerly, as from the consump
tion 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 that 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 dis
coverer and denouncer, may derive the utmost
benefit therefrom ; observing, however, that the
Indians, are by no means to be deprived of the

127
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-esta
blishment 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 indis
pensable 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 jus
tice 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 different dis
trict to that in which he resides, and shall derive

128
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 esti
mated 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 to 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 AGREE
MENT, 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, al
though they may not themselves be the possessors
of mines, I will and ordain that both these cus
toms 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,
K

130
expressing the day on which the metal is pur
chased, 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 pos
session of a purchaser, and such purchaser, on
examination and comparison of the metal, can
not 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 per
sons 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

131
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 Deputa
tions, 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 pub
lic places, and to be kept in every establishment
where metals are reduced in the manner here
mentioned, and its provisions to be strictly com
plied with. SECTION VI.
The said reducers are on no account to charge
the owners of the metals a higher price for quick
silver than is paid for it in the same district by
k2

132
those Mine-owners, who procure it on their own
account, and for their own consumption.
SECTION VII.
In the articles 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, &c. 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 trans
gressed, proceedings shall be had by the produc
tion of such ticket against the owner or adminis
trator of the establishment, so as to indemnify
the owner of the metal ; and if intentional fraud
shall be proved against them, they shall pay him
three times the value.

133
SECTION IX.
No reducer of metal shall compel the owner o*
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 deduction; 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 duriug 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; some
times to the injury of the reducers, when the
metal is not sufficient to pay the costs of its re
duction, I ordain and command, that, until the
establishment of a Public Office in the Mining
Districts, which ought to be done as soon as pos
sible, for the reduction by way of assay of one or
more quintals of metal, for the purpose of ascer
taining its intrinsic richness, either the owner of
the metal or of the reducing establishment, when
he shall entertain any doubts, concerning' the re
sults of the reduction, may choose out and have

134 r:
deposited one or more quintals of the metal, to be
reduced afterwards for his satisfaction, by sur
veyors appointed in the usual manner, one on each
side, and a third in case of their disagreement.
SECTION XI.
With the same view that directed the preceding
Section, no owner of metal, who sends it to be re
duced by such an establishment, belonging to
another person, shall be prevented from attending
either personally, or by a confidential agent, all
the operations of the reduction, from making trials,
from assaying any part of the mass in various
ways, and doing every thing else that he may
think conducive towards the better reduction of
the metal, or the satisfying himself of the manner
in which it is done. SECTION XII.
The amount of carriage to be paid to the mule
drivers, upon metals taken from the mines to the
establishments, whenever any excessive charge is
made, shall be settled by the judge of the district,
acting in concert with the Territorial Deputations,
having a due regard to justice and equity, and
making a difference between the dry and rainy
seasons. SECTION XIII.
And if any of the said mule drivers shall be
proved to have stolen or sold any of the metal on
the roads, replacing the same by other materials,

-.•.'

135

they shall be proceeded against accordingly, by
the proper judge, and Section xxix. of Chapter
III. of these Ordinances, shall be observed in the
infliction of penalties on such persons ; and also,
in case of the offence being repeated, always with
due regard to the nature and character of the
offence, deciding the same according to law, and
in the form prescribed in said Chapter III. and be
it understood, that if in any of the cases com
prised in Section xiii. of this Chapter, the im
position of penalties, or the loss of property,
beasts of burthen, or other thing whatever, come
under consideration, proceedings shall be had
according to Section xxxn. of Chapter III.

CHAPTER XV.

OF THE CONTRACTORS FOR SUPPLYING
MINES, (WITH MONEY AND OTHER AR
TICLES), AND OF THE DEALERS IN (GOLD
AND) SILVER.

SECTION T.
It often happens that Mine-owners carry on the
works in their mines with the capital of other per
sons, either because they have not at first sufficient
funds of their own, or from having exhausted their
own funds in various operations, before the ex
traction of sufficient metal to make them a return,
and in such cases they are in the habit of agreeing
with contractors for supplies, (Aviadores), in one
of two methods ; either by letting them have the
gold and silver which they may extract, at a
price somewhat below the real value, leaving
the said contractors the benefit of the difference,
which method is called allowing a premium upon
the metals, (aviar a premios de plat as), or by giving
the contractor a share in the mine, making him a
perpetual proprietor thereof, or of the metals for
a certain time, by a species of partnership ; and
whereas, the necessities of the Miners, and the

137
facility of some of the contractors often lead to
contracts, which, being unjust or usurious, or ill
understood from the beginning, or appealed against
by one or other of the parties, give rise to litiga
tion, which suspends the supplies, and occasions
injury to the mines, and the loss of the capital
laid out upon them ; it is my sovereign will and
pleasure, that no Mine- owner shall conclude any
agreement for supplies without a regular signed
contract, leaving it at his option to complete the
same, or not, before a notary or witnesses; and no
agreements that may be entered into without such
signed contract shall be capable of being enforced,
but such cases to be determined according to the
general rules. SECTION II.
In all agreements of the first mentioned kind,
(a premios de plata), attention and consideration
must be given to the number of marks* in each
delivery, and how often such deliveries take
place, so that if, through any accidental circum
stances in the mine, the number of deliveries
should increase or diminish considerably, either
of the contracting parties may be allowed to in
crease or diminish the premium upon the metals,
without violating the original contracts in other
respects ; for which purpose in the instrument as
* Eight ounces to a mark.

138
originally drawn up, the number of annualdelive-
ries shall be specified, and the number of marks
in each delivery ; or the parties, if they please>
may renounce altogether any right to avail them
selves of such accidents as are above mentioned,
in which cases the original contracts shall remain
in force for all purposes. SECTION III.
If the Mine-owner shall secure to the Mine-
contractor, a certain sum for the supplies, either
by deposit, or security, to the satisfaction of the
contractor, the latter shall not receive in the way
of premium more than would amount to five per
cent, per annum on the capital advanced.
SECTION IV.
The contractors shall furnish the supplies in
ready money, or in bills payable without discount
or loss, or, if the Mine- owner should prefer
having goods and effects such shall be delivered
to him of a good quality, and in a good condition ;
and at the price at which they could be bought
for ready money, at the place. where the con
tractor resides, and in no other manner what
soever. SECTION v.
Risks and accidents happening upon the road
in the transport of supplies, and the freight and
(excise) duties payable upon the supplies, shall
be at the expence of the Mine-owner, where the
contract is by premium upon the metals; but

139
where the, contract is in the way of partnership,
such costs shall be at the expence of both, unless
any other mode be particularly expressed in the
deed of agreement. SECTION VI.
In case of the capital supplied being entirely
expended, or of a part of it not being covered
by the remaining effects, the Mine-owner shall
not be responsible for the same, in his person, nor
in any other property which he may possess,
excepting only that connected with the mine,
and the reducing establishment, supposing this
latter to be erected out of the capital advanced ;
but the mine, and the effects and profits thereof,
after deducting the expences, shall go to the pay
ment of the contractors one after the other, begin
ning with the last or most recent ; be it under
stood, however, that this being a privilege granted
by the law only to creditors who advance se
cond supplies* for the restoring and refitting of
mines, it is necessary that the three qualifications
should all concur, in order to its being enjoyed ;
but if the Mine-owner, from actual necessity, shall
abandon the mine, without any fraudulent inten
tion, and having given notice thereof to the
creditors, it shall not remain liable for former
claims, when it is in the hands of the new pos
sessor; and it is further declared, that if the
*See note at page 186.

140
capital supplied to such mine, and in regard to
which such deficiency occurs, has not been fur
nished in the way of partnership, between the
contractor and Mine-owner, in which case, the
profit or loss is to be in common between them,
but in the way of loan, and the Mine-owner shall
have made his property answerable, either by
choice, or because the contractor required it for
greater security ; under such circumstances, the
said obligation shall remain complete in all its
parts, notwithstanding the general provisions of
this section. SECTION VII.
If no agreement shall have been made at first,
as to the mode of securing the advances contracted
for, when they are supplied in the way of premium
upon the metal ; the contractor shall not require
the same in any manner prejudicial to the Mine-
owner in the working of his mine, by cutting off
the supplies : nor shall he be obliged to receive
back from the Mine- owner in small sums, the
supplies he may have advanced.
SECTION vnr.
Although the Mine-owner may not have ob
served at any time that his silver contains a mix
ture of gold, the separation of which from the
silver would be expensive ; or that there be silver
amongst the gold of a baser quality, and the con
tractor should have discovered the same, either by
assaying or other method ; be it understood that

141
the profit thereof shall not go to the said con
tractor, but shall be placed to the credit of the
Mine-owner, or proprietor of the metal, in the
account kept between him and such contractor.
SECTION IX.
When the contract of supply is made in the
way of partnership in the property of the mine,
be it understood that the capital invested, until
the time when there shall be a surplus:profit, over
and above the expences, is not to be immediately
deducted from the profits, with preference to the
contractor, but the profits are to be divided,*
the capital remaining so invested during the con
tinuance of the partnership, (mientras no se separe
la compania). SECTION x.
The Merchants or Dealers in silver who receive
it without having advanced any thing to the own
ers, or encountered any risk, shall pay for it at
the full value, and if they give in exchange for it
any goods, the latter shall be charged at the regu
lar price, and shall be of good quality; and I
strictly ordain and command that the said Mer
chants or Dealers in silver shall receive it from
the Mine Owners, being assayed, and the fifth

* It must be understood, I presume, that the profits are to be
divided in proportion to the number of barras or shares so held
in partnership by the supplier.

142

part deducted therefrom (as Royal duty) conform
ably to law, and as repeatedly enacted by Royal
Decrees, in oVder to prevent its being illegally dis
posed of in any of the different ways in which my
Royal rights are infringed : And I further declare
that, in those districts where such assaying or de
ducting of the fifth part cannot conveniently be
managed, on account of their distance from the
Royal treasuries or marking offices, the Merchants
or Dealers shall bind themselves before* the Royal
Court and Territorial Deputation, to take the metal
forthwith to the office (baxa) of the district, in
order to fulfil the said obligation of paying my
Royal dues, and to verify the performance of the
like as regards quicksilver, according to the es
tablished custom in New Spain, the said court and
Deputation, allowing them a certain time for carry
ing all this into effect, and giving notice of the
said obligation to the Royal officers whom it may
concern, so that, if the said persons should fail to
fulfil the same, such silver shall be deemed to be
confiscated, and the said officers shall take steps
to obtain possession of it, and to inflict the other
penalties imposed by the laws upon the defrauders
of my Royal rights. section XI.
All the Merchants of the mining districts shall
keep a correct and light balance and scales, in
which only all the silver and gold shall be weighed ;

143
and they shall never use for this purpose steel
yards, however large the masses or quantities of
the metal may be; and they mnst also keep
weights marked and properly adjusted, according
to those which they have received from the proper
Royal authorities; and I permit the respective
Deputies to inspect the same from time to time,
(without prejudice to the regular inspection by
the Royal Court and public Magistrate), and to
take care that the weighing be always justly and
correctly performed, to the end that, in case any
fraud should be discovered, and also in case of the
repetition of such fraud, proceedings may be had
before the competent Royal Court for the impo
sition of penalties proportioned to the nature and
character of the offence, the said Court hearing and
receiving information on the subject from the
Deputies of the District. SECTION XII.
All the working Miners must keep their tools
and utensils marked, and if any one shall purchase
them from any workmen, or receive theminpledge,
he shall pay for them double the value.
SECTION XIII.
The aforesaid merchants and contractors may,
for their satisfaction, and that of the owner, heat
the blocks or ingots of silver (mixed with quick
silver) over a charcoal fire, but not over a flame,
or in any manner by which it might be reduced
to a state of fusion, except in crucibles ; and they

144
may also be allowed to separate them so as to
examine them within, but this must be done, as
well as the trying its quality, by heating it upon
a counter, or in such manner that the owner may
be able to collect and carry away all the waste
and refuse fragments of his silver.
SECTION XIV.
Every contractor has the right of appointing
at any time an inspector (interventor) to any
Mine-owner whom he has contracted to supply,
although it be not so expressed in the contract ;
but be it understood, that such interventor is
only to attend to the correctness of the accounts,
and to have power over the money and effects ;
but not to interfere with or obstruct the working
of the mine, which belongs entirely to the Mine-
owner ; he may, however, defer the carrying on of
the operations, by presenting an account to the
Deputies, requesting the Appointment of sur
veyors, but this only in cases which will admit
of such delay. SECTION xv.
Whereas the operations of mines in a course
of working, particularly where they relate to the
draining thereof, cannot be impeded without great
injury, I command that if the contractor for fur
nishing 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,

145
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 pre
ceding one, whenever the mine begins to yield a
profit. SECTION XVI.
Those who, under pretence of obtaining sup
plies of mining operations, shall in any way mis
apply 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 pri
vilege of miners, or any other whatsoever, but
shall be punished in manner suitable to the na
ture, heinousness, and circumstances of the of
fence; 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

146
paid by receiving part of the metal, (buscones) and
labourers in general, and any other persons who
shall offer stones and specimens, falsely pre
tending 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 circustances, heinous-
ness, 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

147
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 Ordi
nances 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 inse
cure 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 flourish
ing 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 ex
empted from such contribution, not even those to
l 2

143
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 Tri
bunal, and of the college, and for the instruction
of young persons intended for the mining busi
ness, 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 king
doms and provinces of New Spain, a bank being
established for that purpose, according to the
regulations laid down in the following Sections.
SECTION IV.
For the management and business of the said
bank, there shall be one principal factor, or more
if necessary, a person of intelligence and expe-

149
rience in the method of supplying mines by
contract, who shall be subject to and dependant
upon the Royal Tribunal General of the Miners,
and be appointed by them in the way of 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 re
moval. SECTION V.
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 VI.
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 Tri
bunal ; 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 per
sons above-mentioned, being respectively respan-

150
sible for what may be entrusted to his and their
care. SECTION VII.
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 opera
tions ; and moreover, they shall take the accounts
of the factor without prejudice [to their right of
inspecting the said accounts at other, times, when
ever they shall think it proper and prudent to
do so. SECTION VIII.
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 pur
poses. section ix.
For1 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 dismissing

151
them, on giving verbal notice thereof to the Royal
Tribunal. section x.
The factor shall receive all silver which is
remitted by Mine-owners contracting for their
supplies with the bank, and shall exchange jt 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 under
standing, however, that, before it is remitted, to
Mexico, the said mine-owners shall make decla^
ration at the treasuries, or marking offices, in their
respective districts, of the quantity of silver inr
tended 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 aty
frauds may be avoided, and the necessary quickr
silver properly purified, under the penalty of
confiscation of all that shall be sent in any other
manner, and of incurring the punishments imposed
by Jaw upon defrauders of my Royal rights ; and
the officers in the districts shall give notice to
tbose in Mexico, in order that the latter may take
care that the provisions of this present Section be
complied with.

152

SECTION XI.
The said factor shall pay the interest (riditos)
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 conformably to Section viii. of
this present Chapter, as to whatsoever shall be at
his disposal, according to Section vi. of the same.
SECTION XII.
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 judg
ment, and agreeably to the orders of the Royal
Tribunal, entering them in a separate book, and
preserving the invoices. SECTION XIII.
All goods delivered on account of the bank in
the way of supplies to Mine-owners, mnst be of
the best quality; and when in Mexico, at the
current prices of Mexico ; and when in the mi
ning districts, at the current prices in those
districts, if the bank shall have a warehouse or

153
magazine in the same, or the goods be carried thi
ther on account of the bank.
SECTION XIV.
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 neces
sary 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
i 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 pru
dence 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 ar
chives. SECTION xv.
During the time that the funds of the bank
shall be insufficient 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

154
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 act
ing with that justice and impartiality which ought
to be observed in all their transactions.
SECTION XVI.
When the claim is thus ascertained to be pro
per and admissible, the terms and conditions,
under which the supplies are to be furnished, shall
be settled with the Mine-owner, and before the con
tract is concluded, it shall be laid before the Royal
Tribunal, conformably to the provisions of Chapter
XV. of these Ordinances; the great bank of sup
plies not enjoying any privileges to the prejudiceof
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 XVII.
I*n mines which are thus supplied by the bank,
Interventors shall be appointed, 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 the man
ner they think best, and they shall be present at
the payment of the wages, shall sign the accounts.

155
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, agreeably to the instruc
tions given them, until the time when the supplies
shall have been repaid. SECTION XV1II.
The Interventors shall not oppose any arrange
ments that are made by the Mine-owner or
administrator, in regard to the economy and ma
nagement 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 xrx.
The Interventors shall not interfere in the ap
pointment of persons employed in a subaltern
situation in the mines, but they may-observe the
conduct of such perons, 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
provision for its amendment, and may do all in its
power to keep the Interventor and the Mine-
owner upon good terms, acting in concert to-

156
gether, and uniting their services toward the
advancement of the operations.
SECTION xx.
The Interventors shall be paid weekly the sala
ries that are allowed them, on account of supplies ;
and when these shall have been repaid, their ser-
vicess 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 con
trary, 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,1 by the proper judge, according to the
provisions of Chapter III. of these Ordinances^
SECTION XXI.
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 pro
posed 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
©f 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..

CHAPTER XVII.
OF SURVEYORS FOR THE OPERATIONS Ol
" THE MINES, AND THE REDUCTION OF
THE METALS FROM ORE.
SECTION I.
In order that the mines may be worked with
stability and good effect, and that the full attain
ment of riches they contain may be accomplished,
it is desirable that their operations should be di
rected by persons well acquainted with the prin
ciples and rules of the natural and practical
sciences, and arts connected therewith, and who
understand the best means of applying such know
ledge, 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, ac
counting perhaps some persons to be well in
formed who may only possess a superficial know
ledge, or choosing others who maybe 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 obser
ving how much difficulty there is in correcting
such errors, be they voluntary or involuntary, all
which leads the Mine-owner into placing a blind

158
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, I ordain and command
that in every mining district there shall be one or
more intelligent persons, who are well instructed
and practically acquainted with geography, sub
terraneous architecture, 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

* Literally, practical Surveyors, (Peritos Facultatioos), but
I have used the expression Mining Professor, as most con
sistent with the duties assigned to them.

159
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 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 be always
true and correct, and made according to rule, so
that there may be no failure, or irregulariry 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 after
wards 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 cor
rect balances and weights, and every thing that
may be necessary for making assays, on a small
scale, and also for reducing by smelting, or amal
gamation, one, two, or three quintals of ore.
SECTION iv.
The Mining Professors are to examine at the

160
proper time, and to give certificates of exami
nation 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 em
ploying themselves in the quality of masters in
any place, where such business shall be going on,
without having the above certificates of exami
nation, under the penalty of three months impri
sonment 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, with
out any fees being received thereupon, and alto
gether gratis.

161

SECTION VI.
If any person shall pass from one Mining Dis
trict to another, after having been examined and
approved by the proper authorities in that which
he has left, there shall be no necessity for a fur
ther examination, but he shall produce his certi
ficate, signed by the proper professor, and attested
by the clerk, or in default thereof, by the Deputies
of the District and two witnesses.
section vii.
The said Mining Professors, and Surveyors of
reduction, shall, at the time of their appointments,
take a solemn oath before the Royal Tribunal, in
due form, but gratis, that they will at all times,
and in all cases, discharge their offices well and
faithfully, to the best of their knowledge, without
fraud, deceit, or any bad intention whatsoever;
after which, they shall not be required upon
every occasion which may arise judicially or extra
judicially to repeat the same; since, when the
oath has been once administered, as above, they
are ever afterwards to remain bound by it.
section viii.
The most perfect credit is to be given to the
said mining Professors and Surveyors of reduction,-
in all matters connected with their office, but
they may be objected to in case they have been
appointed by the Judges ; and when one has been
appointed by one party in a suit, the other party

162
may appoint another, and the Judge elect a third
in case of their disagreeing, although they need
not belong to the same District ;:„but these ob
jections and appointments of new Professors, shall
not take place where there, is reason to suspect
that they originate in fraud; or malice, or a wish
to delay the determination of the cause.
SECTION IX.
The Mining Professors and Surveyors of reduc
tion, shall be present at all the visits (of the De
puties) to the Mines and Establishments, and shall
observe and comply with every thing that is laid
down in these Ordinances, and shall give their
assistance in all cases properly belonging to their
business, in which it may be required by the
Judges and Deputations; taking, on account
thereof, such fees as shall be settled by a proper
table of fees, which fees shall be proposed by the
Territorial Deputations to the Royal Tribunal
General; and when that body shall have gained
information upon the subject, and consulted with
the Viceroy thereupon, the said Viceroy, shall, by
means of such information, resolve and determine
what fees are to be received, and without this
previous authority the taking of fees shall not be
carried into effect. SECTION x.
In the interval that must elapse before the Col
lege for the education and instruction of young

163
persons intended for the business of metallurgy,
mineralogy, and other sciences necessary in the
operations of mining, (the establishment of which
college will be treated of in the next Chapter),
shall supply a number of persons properly quali
fied, according to the provisions of the preceding
Section, to fulfil the object of these Ordinances,
I command that all persons at present employed
in the operations of measuring mines, projecting
shafts, and pits, and other important works, con
nected with the operations of the mines, whether
appointed from having the name of land surveyors
and measurers of mines, or from having been
highly esteemed in the Mining Districts for their
practical knowledge, shall present themselves
before the Royal Tribunal General, in order to be
examined, and to obtain the certificate of exami
nation, without any fees being required, (as is
provided by Section v. of this Chapter), and to
exhibit the instruments which they use, in order
that they may be examined and approved of;, and
in default thereof, they shall not be entitled to any
credit either in causes which may arise, or other
wise ; and if in any works directed by them any
mischief should happen, the Mine-owner or Ad
ministrator who has employed them, shall not be
excused from the responsibilities and penalties
imposed by these Ordinances, and by the laws
in general, upon all persons acting without the
M 2

164
authority of surveyors, in cases where surveyors
are required. SECTION XI.
All persons to be appointed Mining Professors,
or Surveyors of reduction must be either Spaniards,
Mestizos derived from them, or noble Indians of
known birth, parentage and education, and of good
life and manners; under which circumstances
these employments are always to be accounted
honourable and meritorious, and persons who
have served in them with fidelity, shall enjoy all
the privileges of miners, and shall be eligible to
higher occupations either in the mines or otherwise,
having their seat in the public sittings next to the
Judge and Deputies of the District, in the order of
the seniority of their appointments, and without
any distinction being made between the Mining
Professors and the Surveyors of reduction, who
are to be treated with like and equal honours and
distinctions.

CHAPTER XVIII.
OF THE EDUCATION AND INSTRUCTION OF
YOUNG PERSONS INTENDED FOR THE
MINING BUSINESS, AND FOR THE ENCOU
RAGEMENT OF THEIR INGENUITY.
SECTION I.
To the end that there may never be wanting a
supply of persons of good education, and in.
structed in all the learning necessary for carrying
on the operations of the mines, and that what has
been hitherto acquired by long and painful expe
rience, in the course of many centuries, being
the result as well of the progress of the different
Mining Countries, as of the individual skill and
industry of the American Miners, may be pre
served in a more certain and effectual manner,
than by mere tradition, which is usually scarce
and fallacious ; I will and ordain that the College
and Schools of Miners, which have been proposed
to me for these purposes by the Deputies Ge
neral of the said important body of Miners, shall
be erected and established, or, if already esta
blished, that they shall be maintained and sup
ported in the form and manner contained in the
following Sections.

166

SECTION II.
There shall be for the present maintained, and
provided with board and clothing in a suitable
manner, twenty-five children, either Spaniards or
noble Indians of legitimate birth, the near rela
tions, or descendants of Miners, having always a
preference in such appointments, and particularly
those whose ancestors have resided in the Mining
Districts. SECTION III.
I grant besides free entrance into the Schools,
and gratuitous instruction therein, to all children
whose fathers or tutors may wish to bring them
up to the mining business, such children being
sent every day from their homes to attend the
lessons ; and I further command that all children
of the above mentioned quality and birth shall be
admitted to live in the College as pupils, upon
paying the expences of their maintenance while
they are in the College. SECTION IV.
The necessary secular professors are to be ap
pointed at the said College with proper salaries,
for the purpose of teaching the mathematics and
experimental physics, which are conducive to
the carrying on and advancement of mining opera
tions. ; section v.
There shall also be appointed masters in such

167
parts of mechanics as are necessary for the pre
paring and working of timber, metals, stones, and
other materials used in the construction of buildings
machines, and instruments for carrying on the
operations of the mines, and the reduction of the
metals, and there shall also be a master of the arts
of drawing and designing. SECTION VI.
The said College is to bear the Title of " The
Royal Seminary of Miners," and two secular
Priests of mature age are to reside in it, one as
Chaplain-rector, the other as Vice-rector, who
are to superintend the religious and political
education of the children, to see that they devote
a due proportion of their time to these purposes,
and to say Mass to them every day in the year.
SECTION VII.
The immediate controul and direction of the
said Royal Seminary shall be entrusted to the
Director General of Miners, to whom I grant
the privilege of proposing to the Royal Tribunal
the proper persons to be appointed to the pro
fessorships, and to other employments ; and also
the nomination of the children who are to be
admitted as collegians, (colegiales de ereccion), or
pensioners, supposing them to possess the neces
sary qualifications ; and he shall also, after hearing
the opinions of the respective masters of the

168
college, propose the arts and sciences proper to
be taught therein, and the method to be pursued
in teaching them, so that the Royal Tribunal may
be able to determine upon what is most proper ;
and it shall also be entrusted to the said Director
to observe and take care that all persons employed
in the college fulfil the duties of their situation,
and to form particular rules for the government in
detail of the said college, which he shall also lay
before the Royal Tribunal, by them to be sub
mitted to the Viceroy, who after obtaining the
necessary information on the subject, shall lay
them before me for my Royal approbation, having
obtained which the said regulations shall be
observed and carried into effect, with exactness
and punctuality. SECTION VIII.
The expences of erecting, preserving, and sup
porting the said Royal Seminary, shall be defrayed
out of the general fund of Miners, according to
the provisions of Section in. of Chapter XVI. of
these Ordinances. SECTION IX.
The said Seminary shall be Under my Royal
protection, and immediately subject to and de
pendant upon the Royal Tribunal General of
Miners, in all its concerns and appurtenances.
SECTION x.
For the election and appointment of master

169
professors of the sciences, which are to be taught
in the schools of the college, there shall be issued,
at a certain fixed time and place, letters of con
vocation ; and to those who present themselves
for the appointments certain problems in the res
pective sciences shall be delivered by lot, which
they are to return with their solutions within three
days, on condition, however, that before the de
livery of (problems to such persons, the director
shall have presented to the Royal Tribunal the
solutions of each of them separately folded and
sealed up, which are not to be opened till each
candidate shall have delivered in his solution;
when a due comparison shall be made between
the sealed solutions and the solutions of the can
didates respectively, and on the day when all this
takes place, the candidate shall hold a public
sitting of two hours, lecturing upon such points
as the Director shall propose to him* at the mo
ment, in the presence of the Royal Tribunal, and
its secretary, who shall attest all that has been -
done (acto) upon this occasion, and enter it in his
register. SECTION XI.
After the conclusion of the said public act,
the Director shall propose three of the Candidates
for each professorship, one of whom shall be
elected by the Royal Tribunal by secret ballot,
and in case of a difficulty arising, by there being

170
an equal number of votes, (for any two or three of
them), he who was first proposed shall have the
election. SECTION XII.
The said master Professors of the College,
besides lecturing every day theoretically and
practically, shall be each of them obliged to
deliver, once in every six months, a treatise or
dissertation upon some useful subject connected
with ,the mining business, and the sciences re
lating thereto ; which dissertations shall be read
to the Royal Tribunal, and preserved in their
archives, in order to be printed and published at
a convenient opportunity. SECTION XIII.
The Collegians and Students of the Seminary
shall every year hold public exercises in the pre
sence of the Royal Tribunal, in order that, having
shewn the progress they have respectively made,
they may be rewarded and distinguished accord
ing to their merit. SECTION XIV.
The above-mentioned young persons, when
they have concluded their studies, shall go for
three years to assist in the Mining Districts, and
to practice the several operations under the
Mining Professor, or the Surveyors of reduction,
of that district to which they are attached, in
order that, having received a certificate signed by

171
such Professor's or Surveyors, and by the Terri
torial Deputies, they may be examined before the
Royal Tribunal, as well in theoretical as in
practical knowledge, and on being approved of
by the same, shall receive their diploma (titulo),
without paying any fees whatever; and they may
be then appointed Mining Professors, or Surveyors
of reduction, of the Mining Districts, or Inter
ventors, where the supplies are furnished by the
bank, or to any other suitable situation.
SECTION xv.
In order, more effectually, to advance the cause
of instruction and improvement in the several
important objects of the said College, and in the
manner most useful to the mines; I ordain and
command that, the Mine-owners and Mine-sup-
>pliers who bring their silver to Mexico, shall be
obliged to deliver to the said College, specimens
of their ores, in sufficient quantities to admit of
their quality and properties being examined, and
of the most advantageous method of reduction
thereof being ascertained, in order that, the Royal
Tribunal, judging by the result of these experi
ments, may determine what will be most conducive
to the improvements which are the object of the
present arrangements. SECTION XVI.
Considering that industry and ingenuity will
make the most common productions of nature use-

172
ful to man, and that, on the other hand, without
them, the great advantages and profits expected
from productions naturally rich and abundant, are
often altogether defeated ; I ordain and command
that industry and ingenuity in the mining business,
which is of such vast importance therein, be ex
cited, encouraged, and supported, with all pos
sible activity, intelligence, and discretion; and
that, particular care and attention be bestowed in
observing the use and effects of the machinery,
and the operations and methods at present em
ployed in the application of it; in order, that
whatsoever is really useful and complete in its
kind, may be preserved in full perfection, without
being gradually lost or depreciated, as often
happens in such cases ; and that, whatsoever, by
comparison with better and more complete me
thods, shall appear capable of reform, may be
brought into practice with the greatest degree of
perfection and efficacy, without either suffering
ancient prejudices founded on ignorance and
caprice, to obstruct the progress of ingenuity, or
ill-founded innovations, to disturb what is good
and perfect in its present state.
SECTION XVII.
All persons who shall invent or propose any
kind of machines, engines, expedients, operations,
or methods, for facilitating the working of the
mines, which shall produce any advantage, how-

173
ever small the same may at first appear, shall
have a fair hearing and attention ; and if, on ac
count of their poverty, they are unable to make
the experiments requisite for exhibiting their
inventions, the expense thereof, as well as the
construction of the necessary machines, shall be
defrayed out of the general fund of the Miners,
provided that they shall demonstate and calculate
the effects of such projects ; and that, the Director
General of Miners, and the Professor of the Col
lege, shall approve the same, and consider them ca
pable of being carried into effect : but ill-founded
projects, arising out of erroneous principles, or
want of practical knowledge, and from which the
deluded authors are easily led to expect vast and
imaginary profits, shall be rejected as useless and
contemptible; and if, the authors of such projects
shall renew their applications, they shall receive
no attention, unless they make the experiments
at their own expense, and establish themselves the
utility of their inventions ; and in all cases, the
papers relating to such inventions shall remain in
the archives of the Royal Tribunal, in order to be
referred to, if necessary. SECTION XVIII.
All useful and approved inventions, which,
after being established and put in practice gene
rally for the space of more than one year, shall
be found to succeed, are to be rewarded with a

174
patent (privilegio exclusivo), to continue for the
life of the author, in order, that no one may make
use of his invention, without his consent, and
without allowing him a reasonable share of the
profits, actually derived from the use of such
invention. SECTION XIX.
Whoever from his own experience, study, and
observation, or from having travelled in other
countries, shall offer for adoption any machine,
expedient, or mode, employed in other countries,
or in former times; and the same on examina
tion and experience be approved of in the manner
laid down by Section xvn. of this Chapter, he
shall be considered and rewarded in the same
manner as if he had been the actual inventor;
since, although his ingenuity may be less, his
merit and trouble may perhaps have been greater,
and the public advantage will be exactly the
same, whether such mode result from an invention
absolutely new, or from the introduction and ap
plication of a practice never before adopted in the
place where it may be proposed.

CHAPTER XIX.
OF THE PRIVILEGES OF THE MINERS.
SECTION I.
Although the regulations laid down in these Or
dinances for the discipline, economy, and method
of working, which are to be adopted in the mines
of New Spain, are calculated to diminish con
siderably the dangers and difficulties which have
hitherto occurred in carrying on this most im
portant business, rendering by their powerful
co-operation the riches of the mines more acces
sible, and the lawful modes of acquiring them less
hazardous ; nevertheless, considering the diffi
culties and uncertainties which usually attend
operations of this kind, and that their precious
produce is the especial grant and favour of Pro
vidence to my dominions in Spanish America,
and is the chief source of the prosperity of my
subjects, the support of my Treasury, and the
spring and moving power of the commerce of all
my dominions, and to a great degree of that of
the whole world ; I have therefore granted and do
grant to those persons who apply themselves to

176
to the working of the mines of New Spain, all the
favours and privileges which have been granted to
the Miners of Castille and Peru, in all respects in
which they are capable of being adapted to the
local circumstances of Spanish America ; and are
not at variance with any thing established by these
Ordinances. SECTION II.
Moreover, I award to the scientific profession
of mining, the privilege of nobility, to the end that
all persons who devote themselves to that im
portant study and occupation, may be esteemed
and treated with all the distinctions which are due
to so honourable an employment.
SECTION III.
Mine-owners shall not be liable to be arrested
for debts, neither shall the administrators, super-
intendants, (veladores), keepers of tallies, (raya-
dorcs), nor other persons, serving in the mines or
establishments be so liable, provided that each of
these persons in every such case remain in con
finement within the mine or establishment to
which he belongs, with an obligation upon his
master to apply the third part of his salary or
dues to the payment of his debts, as long as he
remains in the service of such mine or establish
ment, and if he quits the same without engaging
himself in any other mine or establishment, then
he may be imprisoned.

177

SECTION IV.
If a sequestration be laid on the Mines or
Establishments of any proprietor, in the interval
during which the silver extracted therefrom is
being applied in satisfaction of the debt, he shall
only receive out of the produce what is absolutely
requisite for his support, according to the circum
stances of his family and condition ; but always
with a view to this circumstance, that the si
tuation of the creditor be not prejudiced, instead
of amended, by the sequestration.SECTION v.
If an execution be levied upon the other
property of a Mine-owner, there shall always be
reserved to him, a horse, with bridle and saddle,
a baggage mule, his arms, bed, and the clothes
commonly used by himself, his wife and children,
and absolutely necessary to their decent appear
ance ; but all costly dresses, ornaments, jewels,
or trinkets may be seized under the execution.
SECTION VI.
The Royal Tribunal of Miners shall inform
me, through the Viceroy, of all deserving persons
belonging to the Mining profession, especially of
such as may have quitted it on account of having
consumed their capital therein, or of being too old
or infirm to pursue it; pointing out also such of
them as the Tribunal may consider to be the most
deserving of my Royal favor, in order to their
N

178
being appointed to the offices of judges in the
Mining Districts or Establishments, if that should
appear expedient; as well for the purpose of
rewarding them according to their merits, as of
filling the said offices with practical and intelligent
persons, such as the law requires.
SECTION VII.
Children and descendants (hijos y nietos) of
Mine-owners, and Mine-suppliers, who have been
extensively concerned in the Mines, deserve also
particular consideration ; and for that purpose the
Royal Tribunal shall also inform me, through the
Viceroy, of the merits of their ancestors ; in order
that my Royal favor may appoint them to civil,
military, and ecclesiastical appointments in Ame
rica, if I shall think proper to do so,
SECTION VIII.
I declare that Mine-owners and Administrators
shall not be prevented, or in any way impeded by
their said employments, from obtaining and serving
the offices of magistrates and governors, (justitiay
regidores), of the cities, towns, and places of the
Mining Districts, or of any others ; but they are
not compellable to accept such offices, nor to be
fined for declining the same, during the time of
their employment in the Mines, if they desire to
excuse themselves on that account.
SECTION IX.
In the allotment of ground for the purpose of

179
building houses, in renting such as may be already
built, and in providing themselves in the squares
and market-places of the Mining villages, towns,
and districts, not only with the articles necessary
for the Mines and Establishments, but also with.
the supplies and provisions which may be wanted.
for their homes and families, the Miners are to be
preferred to other persons, and to be treated with
that respect which is due to their important pro
fession : and I grant them the liberty of hunting
and fishing in the mountains, forests, and rivers,
of cutting wood, and making charcoal, and of
pasturing their cattle in the grazing places and
watering places, (exidos y aguages), in the same
manner as any other inhabitant is permitted so to
do, supposing such mountains, forests, rivers,
grazing places and watering places, to be public
property; for in all such as are private they must
pay the proper dues, as before enacted: and,
finally, they are to enjoy all the customs and prir
vileges enjoyed by the inhabitants of any Mine-
town, although they (the Miners) may not reside
therein ; provided only that, in order to entitle
them to these privileges, their Mines or Reducing
Establishments be situated in the same district as
such Mine-town, section x.
The excessive profusion of Miners in the em
ployment of their capital, and their extreme im-
n 2

180
prudence, and irregularity, whereby themselves
and their families are speedily reduced to distress,
and their capital is diverted from the operations
of Mining into other channels, being as notorious
as they are destructive ; I willy and ordain, that
the Judges and Deputies of the Mine-towns and
Districts shall advise thereupon, and in cases of
necessity, expostulate with the Miners, particu
larly with those who are in prosperous circum
stances, cautioning them against extravagant
expense or idle profusion; and if this should be
found insufficient, then that they shall make a
report to the Royal Tribunal General of Miners,
in order that the latter, after satisfying themselves
of the reprehensible conduct of the Miner, con
cerning whom such report is made, may appoint
a person to watch over his interests (curador),
or in some other manner, provide for the preser
vation of his property, as in the case of an incor
rigible spendthrift. section XI.
In order to avoid the evil and injury, spiritual
as well as temporal, occasioned by games of
stake (envite), and hazard, and even by those
which are permitted, when carried to excess, and
also by other public diversions and festivities ;
I prohibit most rigorously, in all Mine-towns and
Districts, among masters as well as workmen, all
those games at cards which have been before

181
prohibited by Royal Edicts and Decrees, and
also all playing at those games which are per
mitted, for a larger stake than is compatible with
fair and moderate relaxation and amusement.
And with equal rigour, I prohibit all playing at
dice or tabas, and also cock fighting, and all
other shameful diversions ; since they not only
occasion the loss of time which might otherwise
be devoted to labour, but lead to vast loss of pro
perty, and sometimes even to outrages and mur
ders. Wherefore, I strictly enjoin the Judges and
Deputies of all Mine-towns and Districts, to en
force with the utmost vigilance, the provisions of
this present Section, on pain of being themselves
wholly responsible for the neglect of the same, and
of being liable to the penalties imposed by the
said Royal Edicts and Decrees against all trans
gressors. SECTION XII.
The Royal Tribunal General of Miners, shall
observe, and carry into effect, whatsoever is con
tained in the present Ordinances, and shall cause
them to be observed and fulfilled by all the
subalterns, dependents, and inferior persons of
their body, each in his particular department,
without any injurious evasions 'which might alter
and corrupt their true spirit and intent, main
taining them always in their full vigour, and
causing others to do the like. And the Territorial

182
Deputations of Miners shall also observe, and carry
into effect, whatsoever relates to them in these Or
dinances, and shall cause them to be observed and
executed with the utmost punctuality and cor
rectness; and they shall not, any more than the
Royal Tribunal General, act, or permit others to
act, in contravention of their real tenour and
meaning, in any manner whatsoever ; and I only
allow, in case of any point arising, which is not
comprehended herein, or provided for in the Royal
Orders which I have issued upon this subject,
that both the one and the other (the Royal Tri
bunal General and the Deputations) should regu
late themselves, in the decisions thereof, according
to the form and practice of the Consulates of Com
merce of my European and Spanish Dominions, as
far as the same shall be practicable in such cases ;
but all doubts which may at any time arise, as to
the true meaning of any one or more "of the Sec
tions of these Ordinances, shall be proposed by
the Royal Tribunal General to the Viceroy, in
order, that he, after obtaining the necessary in
formation thereupon, may transmit them to me
for my Royal determination. SECTION XIII.
Finally, — I order and command, the Governor
and persons composing my supreme Council and
Chamber of the Indies, the Royal Audiencies and
Tribunals of New Spain, the Viceroy thereof, the

183
Captains and Commandants Genera], the Got
vernors, Intendants, Ministers, Judges, and all
other persons whatsoever whom these enactments
may in any degree concern, to conform them
selves precisely to these Ordinances, observing
and fulfilling them, each in his respective depart
ment, with the most rigid exactness; regarding
their contents, as positive and perpetual Laws and
Statutes, and maintaining them, and causing them
to be maintained inviolably, notwithstanding any
other laws, ordinances, observances, customs, or
practices, which might militate against them;
since, if any such there be, I revoke them ex
pressly, and declare, that they shall be of no
effect, prohibiting, as I do hereby prohibit, that
they (the present Ordinances) should be explained
or interpreted in any manner whatever, since it is
my will, that tbey shall be understood literally,
as they are written. And, in like manner, I most
strictly enjoin all Tribunals, Magistrates, and
Courts, comprehended in this and the preceding
Section, to give their most effectual aid and
assistance to the provisions and enactments of
these my Royal Ordinances ; preventing, as far as
it is possible, all kinds of disputes and contentions,
which will always incur my Royal displeasure,
as being prejudicial to the administration of justice,
and to the good government, tranquillity, and hap
piness of the important body of Miners of those my

184
Dominions; for which purpose, I have commanded
the dispatch of this present Decree (cSdula), signed
by my Royal hand, sealed with my private seal, and
and countersigned by my underwritten Secretary
of State, and of the general Department of the
Indies, and which shall be entered in the General
Office for the dispatch of the affairs of the Indies,
and in the several offices in New Spain, which
it may concern. Done at Aranjeuz, the twenty-
second day of May, in the year one thousand
seven hundred and eighty-three.
I, THE KING.
JOSEPH DE GALVEZ,

Entered in the General Office of the Indies,
Madrid, the twenty-fifth day' of May, in the year one thou
sand seven hundred and eighty-three.
D. Francisco Machado,
A true Copy. JOSEPH DE GALVEZ.

185

ERRATA.
For Section xxviii. Chap. III. page 47, read
the following : — •
In causes and suits relating to Mines, an ex
tension of the whole term may be granted ; but
be it understood that this utmost term allowed
by the law, shall not take place, except on behalf
of certain privileged persons, in which cases half
of the original term may be granted.*

* Termino cumplido is a law expression. To illustrate this
Section, which, translated literally, would be quite unintel
ligible, and which, as translated above, is not sufficiently clear ;
suppose a person denouncing a mine, eighty days are allowed
for fulfilling certain duties on the part of the denouncer ; if, at
the expiration of the eighty days, these duties have not been
fulfilled, generally speaking, the claim of such denouncer is
forfeited ; but on behalf of certain persons privileged by the
law, as widows or orphans, an additional period of forty days,
being half the original term, may be allowed.

186

Note at page 139.
Refaechn. — This word imports that the supplies advanced
by the first suppliers being exhausted, and the Mine hitherto
unproductive, a contract is made with a second set of suppliers,
whose inducement to advance their money is, that their claims
shall be preferred to those of the former suppliers, as soon as
the Mine shall become productive ; in which arrangement the
former suppliers acquiesce, in the hope of thus restoring the
Mine to such a state of profitable wording, as that ultimately
all their demands may be satisfied. What the three qualities
of refaccion here alluded to are, does not distinctly appear : if
they are to be inferred from the present Section, I would offer,
as a conjecture, that they may be — " That the whole capital
advanced shall be exhausted," — " that the said creditors shall
be those who have last advanced supplies to the Mine," — and
" that the machinery connected with the Mine or Establish
ment, shall have been erected out of such last advanced
supplies."

APPENDIX.

No. I,
The Royal Ordinances for the direction, regulation, and
government of the Mines of New Spain, are recognized by
the present government of that country, as the laws of its
Mines, and continue to be in force there at this moment,
with the modification introduced by the law of the Congress
of October, 1823, relating to foreigners.
VlC113. DE ROCAFUERTE,
Charge d' Affaires for Mexico.
7th June, 1825.

The Ordinances of the Mines of Mexico are the laws
now in force for the government of the Mines of Chili.
They were also formerly established in Peru, having been
introduced there by the authority of a Royal decree (ce-
dula.)
Mariano de EgaNa,
Minister for Chili.
Gth June, 1625.

188

No. ir.
Helms, octavo edition, 1806, page 45, in relation to
the Mines of Potosi : —
" They had no proper machinery. The pits became
filled with water. We found good red and other silver
ores, which, by proper management, might yield the pro
prietors a considerable quantity of metal; but-it would be
still more to their advantage, if they employed skilful men
to erect machinery, for the purpose of clearing the bottom
of the Mines from water: still greater, if possible, was the
ignorance of the directors of the smelting-bouses and
refining works at Potosi; by their method of amalgamation
they were scarcely able to gain two-thirds of the silver
contained in the Paco-ore (the rude ore) ; and for every
mark of pure silver gained, destroyed one, and frequently
two, marks of quicksilver. Indeed, all the operations of
the Mines at Potosi, the stamping, sifting, washing, quick
ening, and roasting the ore, are conducted in so slovenly,
wasteful, and unscientific a manner, that, to compare the
excellent method of amalgamation practised in Europe, with
the barbarous process used by these Indians and Spaniards,
would be an insult to the understanding of my readers."
Page 49 — Speaking of the same Mines :—
" As soon as the water in the pits can be got under, the
Mines of Potosi will be in a more flourishing condition than
ever." Page 86 — Speaking of the Peruvian Mines ge
nerally : —
" The scarcity of money caused an almost total stoppage
in the working of the Mines, and it seemed as if this source
of wealth in Peru would be wholly dried up."

189
Page 87 :—
" Government depresses the Mine-proprietors by vex
atious processes and chicanery, and by executions ou
the slightest refusal. The sub-delegates, or judges in the
Mining Districts, are more especially the greatest villains,
who enrich themselves by unjust acts of tyranny ; while the
Viceroy, who resides in the capital, gives himself little
trouble about the oppressions under which the people
groan." Page 89 — Speaking of the mode of furnishing
materials : —
"I soon discovered that the Governor had no other end
in view but his own profit, I protested against these pro
ceedings, and began to make my own bricks, which cost no
lnore ihanhalf apiastre per hundred, though the Governor's
Workmen had charged twenty five piastres for the same
quantity.' Page 102—
"Almost all the Mines in Peru were first opened by
deserters from the army and navy, and other vagabonds,
and continued to be worked without observance of the
Mine-laws and regulations, as if merely for the sake of
plunder, and most of them are even at present in this
wretched condition."

190
From Humboldt the following extracts may be suf
ficient for our purpose.— -Vol. III. p. 219, Mr.
Black's translation. He is speaking of the mode of
drawing off the water : —
" It is surprising that they never thought of sub
stituting to this wretched plan of drawing off the water
by bags, proper pump apparatus, put in motion by horse
baritels, by hydraulical wheels, or by machines moved
by a column of water."
Page 222 — Speaking of the great Mines of Mo-
ran : —
" The Mines of Moran, formerly of great celebrity, have
been abandoned for forty years on account of the abundance
of water, which they could not draw off. In this district of
Mines, which is in the vicinity of that of Real del Monte,
near the mouth of the great level Biscaina, there was
placed in 1801, a machine, a colonne d'eau, of which the
cylinder is 26 centimetres in height, and 16 in diameter.
This machine, the first of the kind ever constructed in
America, is much superior to those of the Mines of
Hungary; it was executed agreeably to the calculations
and plans of M. del Rio, professor of mineralogy in M exico,
who has visited the most celebrated Mines of Europe, and
»ht> possesses at once the most solid and various acqui
sitions. The merit of the execution is due to M. La
Chaussee, a Brabant artist of great talents, who has also
fitted up for the School of Miners of Mexico, a very remark
able collection of models, for the use of students of
mechanics and hydrodynamics. It is to be regretted that
this fine machine, in which tire regulator of the suckers is
put in motion, by a particular mechanism, was placed in a
situation where there is great difficulty in procuring a suf
ficiency of water to keep it going. When I was at Moran,
the pumps could only work three hours a day ; the con
struction of the -machine and the aqueduct cost eighty

191
thousand piastres, they did not at first calculate on more
than half of the expence, and they imagined the mass of
water to be very considerable, but the year in which the
water was measured, being exceedingly rainy, it was
believed to be much more abundant, than it really was. It
is to be hoped that the new canal which was going on in
1803, and which will be five thousand metres in length, will
remedy this want of water, and that the vein of Moran,
(hor. 9£, inclined 84° to the north-east), will be found as
rich at great depths, as the share-holders of the Mine
suppose. M. del Rio on my arrival in New Spain had no
other view, but that of proving to the Mexican Miners, the
effect of machines of this nature, and the possibility of
constructing them in the country. This object bas been in
part attained ; and it will be much more evidently attained
when such a machine shall be placed in the Mine of Rayas,
at Guanaxuato, in that of the Count de Regla, at Real d«l
Monte, or in those of Bolanos, where M. Sonneschmidt,
counted nearly four thousand horses and mules employed in
moving the baritels."
Page 234 — Speaking of the method of blasting
with powder : —
" The holes for the reception of the cartridges, are
generally too deep, and the Miners are not sufficiently
careful in diminishing the mass of the rock intended to
yield to the explosion, a great waste of powder is con
sequently occasioned by these defects. The Mine of
Valenciana consumed from 1794 to 1802, powder to the
amount of six hundred and seyenty three thousand, six
hundred and seventy six piastres, and the Mines of New
Spain annually require from twelve to fourteen thousand
quintals. It is probable that two thirds of this quantity is
uselessly employed. At Chapollepic, near Mexico, and in
the Mine of Rayas, near Guanaxuato, some experiments
have been made of the method of blasting proposed by

192
M. Bader; a method by which a certain volume of air must
be left between the powder and the wad. Although these
experiments have proved the great advantages of the new
method, the old has still continued to prevail, on account
of the small degree of interest taken by the Master Miners
in reforming the abuses, and perfecting the art of Mining."
Page 237—
" The greatest fault observable in the Mines of New
Spain, and which renders the working of them extremely
expensive, is the want of communication between the
different works, they resemble ill-constructed buildings,
whereto pass from one adjoining room to another, we must
go round the whole house : this Mine of Valenciana is very
justly admired on account of its wealth, the magnificence
of its walling, and the facility with which it is entered by
spacious and commodious stairs, but yet it exhibits only a
union of small works, too irregular to merit the appellation
of gradual works, (ouvrages a gradins), they are, as it
were, sacks with only one opening at the lop, and without
any lateral communication ; I mention this Mine, not
because it is more faulty than the others in the distribution
of its labours, but, because it ought naturally to be better
organized. As subterraneous geometry has been entirely
neglected in Mexico, till the establishment of the School of
Mines, there is no plan in existence of the works already
executed. Page 240 — Speaking of the severe and expensive
mode of transporting the metal upon the shoulders of
the Indian tenateros, who are used like beasts of
burden for the purpose, he says, —
" These enormous expences of transportation, would be
perhaps, diminished more than two thirds, if the works
communicated with one another by interior shafts, or by
galleries adapted for conveyance by wheelbarrows and
dogs."

193
Page 241—
" The smelting and amalgamation works of Guanaxuato,
and Real del Monte, are so placed, that two navigable
galleries with their openings, near Marfil and Omitlan,
might serve for the carriage of ores, and render every
sort of draught above the level of the galleries super
fluous ; besides, the descents from Valenciana to Guan
axuato, and from Real del Monte to Regla, are so rapid,
that they would admit of the making of railways, on which
waggons loaded with ores destined for amalgamation,
might be easily rolled along."
Page 243—
" It is to be hoped that they will introduce at last, into
the Mines of New Spain, pump apparatus, moved either
by horse baritels, of a better construction, or by hydraulic
wheels, or by machines a colonne d'eau. As wood is very
scarce on the ridge of the Cordilleras, and coal has only yet
been discovered in New Mexico, they are unfortunately
precluded from employing the steam engine, the use of
which would be of such service in the inundated Mines of
Bolanos, as well as in those of Rayas and Mellado."

194

No. III.
Office of tlie principal Secretary of State, Mexico.
The Supreme Executive Power, has directed to me the following
decree : —
The Sovereign Mexican Congress has resolved and
decreed, 1st. That for the present, there shall be a suspension of
the Law 12, Title 10, Book 5; and of the Law 5, Title
18, Book 6, of the Collection of Castille; and also of the
Law 1, Title 10, Book 8 ; and of the Laws comprehended in
Title 27, Book 9, of the Collection of the Indies, together
with the Article I, Title 7, of the Ordinances of the Mines ;;
which Laws enact that foreigners, in order to acquire and
work Mines, on their own account, should be naturalized,
dr tolerated with the express permission of the Govern
ment. 2dly. This suspension only enables foreigners to con
tract with the owners of such mines, as are in want of
capital, for supplying them with capital, in all the modes
which are usual in such contracts, upon the terms that shall
be most convenient to both parties, so that they may even ac
quire in property shares in the concerns to which they supply
capital ; (hasta poder adquirir en propriedad acciones en
las negociaciones que habiliten ;) such foreigners remaining
liable, in all respects, to our Ordinances, concerning the
working of the Mines, and the reduction of the ores, and
to all the taxes and duties, subject to which the nation
grants to its citizens the right of enjoying such property.
3dly. By consequence they are prohibited from regis
tering new Mines, from denouncing those which have been
deserted, and from acquiring a share in any Mine, except
those to which they supply capital) under any colour or
pretence whatsoever.

195
4thly. No alteration whatever shall take place for the
present, in respect of the excise duties, and the law relating
to quicksilver, which article is excepted from all duty ; all
others used in the Mines, remaining subject to the usual
excise duties.
The Supreme Executive power are desirous that the
above article should be generally understood and carried
into effect, and order that it be printed, published, and cir-;
culated. Mexico, 7th October, 1823.
Francisco Manuel Sanchez de Tagle,
Presidente,
Jose Arcadio de Villalqa, Diputado Secrelario,
Manuel Texada, Diputado Secrelario, &c.
Addrcst to Don Lucas Alaman.
Ala man.

196

No. IV.

The Mexican Tariff, dated 1821, expressly declares, that
the following articles shall be admitted into their ports, free
from all duty whatsoever : —
Quicksilver.
All kinds of instruments used for scientific purposes.
All machinery used in the Mines.
The exemption of quicksilver from all duty is recognised
in the 4th clause of the law of 1823. App. III. ante.

t IN1S.

Printed by ftowlett ami Brimmer,
10, Frith Street, Soho.