Read here

The Ordinances of the Mines of New Spain; translated from the original Spanish. With observations upon the mines and mining associations. By Charles Thomson

Inquisition · 1825 · Scanned text

59,621 words · about 4 h 11 min to read

Period artwork: Interior of the Bodleian Library, 1845
About this edition

Scanned text — may contain errors · original scans are not available here · view the original source

Licence: PDM · British Library Digitised Books dataset db14 (doi 10.21250/db14) marks the OCR texts CC Public Domain Mark 1.0 (c. 1510-c. 1900 publications); text+metadata JSONL release doi 10.23636/r7w6-zy15 is CC0 1.0. Public Domain Mark is a status label, not a new copyright licence. · Digitised by the British Library (with Microsoft). Text: British Library Digitised Books, CC Public Domain Mark 1.0.

Text from British Library, read from page scans by OCR and set out for reading on screen; no words of the book are rewritten or summarized. How RedLectern is built

About this book

Author
Inquisition
Language
English
Published
1825
Length
59,621 words · about 4 h 11 min
Sections
217 reader sections
Text
Scanned text, read from page scans by OCR; may contain errors
Rights
Public Domain Mark 1.0

 

Contents (217)
  1. Front matter about 1 min
  2. Chapter I about 1 min
  3. Chapter II about 1 min
  4. Chapter III about 2 min
  5. Chapter IV under 1 min
  6. Chapter V under 1 min
  7. Chapter VI about 2 min
  8. Chapter VII about 1 min
  9. Chapter VIII about 1 min
  10. Chapter IX about 1 min
  11. Chapter X about 1 min
  12. Chapter XI about 1 min
  13. Chapter XII about 1 min
  14. Chapter XIII about 1 min
  15. Chapter XIV about 1 min
  16. Chapter XV about 1 min
  17. Chapter XVI about 1 min
  18. Chapter XVII about 1 min
  19. Chapter XVIII about 1 min
  20. Chapter XIX about 1 min
  21. Appendix about 1 h 6 min
  22. Section I under 1 min
  23. Section II under 1 min
  24. Section III under 1 min
  25. Section IV about 1 min
  26. Section V about 1 min
  27. Section VI under 1 min
  28. Section VII under 1 min
  29. Section VIII about 2 min
  30. Section X under 1 min
  31. Section XI about 1 min
  32. Section XIII about 1 min
  33. Section XV about 5 min
  34. Section I under 1 min
  35. Section II under 1 min
  36. Section III under 1 min
  37. Section IV about 1 min
  38. Section VI under 1 min
  39. Section VII under 1 min
  40. Section VIII about 2 min
  41. Section X under 1 min
  42. Section XI under 1 min
  43. Section XII under 1 min
  44. Section XIII about 2 min
  45. Section I under 1 min
  46. Section II about 1 min
  47. Section III about 1 min
  48. SECTION iv about 2 min
  49. Section VI about 1 min
  50. Section VII under 1 min
  51. Section VIII under 1 min
  52. Section IX about 1 min
  53. Section XI under 1 min
  54. Section XII about 1 min
  55. Section XIII about 2 min
  56. Section XIV under 1 min
  57. Section XV under 1 min
  58. Section XVI under 1 min
  59. Section XVII about 1 min
  60. Section XVIII about 1 min
  61. Section XIX about 1 min
  62. Section XXI about 1 min
  63. Section XXII under 1 min
  64. Section XXIII about 1 min
  65. Section XXIV under 1 min
  66. Section XXV under 1 min
  67. Section XXVI about 5 min
  68. Chapter IV. Of The Order Of Proceeding In The Substantiation And Determination under 1 min
  69. Section I about 1 min
  70. Section II under 1 min
  71. Section IV under 1 min
  72. Section I under 1 min
  73. Section II under 1 min
  74. Section III under 1 min
  75. Section I about 1 min
  76. Section IV about 2 min
  77. Section V under 1 min
  78. Section VI under 1 min
  79. Section VII under 1 min
  80. Section VIII about 2 min
  81. Section X about 1 min
  82. Section XI under 1 min
  83. Section XII under 1 min
  84. Section XIII under 1 min
  85. Section XIV about 1 min
  86. Section XVI under 1 min
  87. Section XVII about 1 min
  88. Section XVIII under 1 min
  89. Section XIX under 1 min
  90. Section XX under 1 min
  91. Section XXI under 1 min
  92. Section XXII about 1 min
  93. Section I under 1 min
  94. Section II about 1 min
  95. Section III under 1 min
  96. Section IV about 1 min
  97. Chapter VIII. Of Properties, And Intermediate Spaces Between Properties, Not Belonging To about 2 min
  98. Section V under 1 min
  99. Section VI under 1 min
  100. Section VII under 1 min
  101. Section VIII about 5 min
  102. Section I about 1 min
  103. Section II about 1 min
  104. Section IV about 1 min
  105. Section VI under 1 min
  106. Section VII under 1 min
  107. Section VIII under 1 min
  108. Section IX under 1 min
  109. Section X about 1 min
  110. Section XI about 1 min
  111. Section XIII about 1 min
  112. Section XV about 2 min
  113. Section I about 1 min
  114. Section III about 1 min
  115. Section IV under 1 min
  116. Section V under 1 min
  117. Section VI under 1 min
  118. Section VII under 1 min
  119. Section VIII under 1 min
  120. Section IX under 1 min
  121. Section X under 1 min
  122. Section XI about 1 min
  123. Section XII under 1 min
  124. Section XIII about 1 min
  125. Section XIV about 3 min
  126. Section I about 1 min
  127. Section II under 1 min
  128. Section III under 1 min
  129. Section IV about 1 min
  130. Section VI under 1 min
  131. Section VII under 1 min
  132. Section VIII about 1 min
  133. Section IX under 1 min
  134. Section X under 1 min
  135. Section XI under 1 min
  136. Section XII under 1 min
  137. Section I about 1 min
  138. Section II under 1 min
  139. Section III under 1 min
  140. Section IV about 1 min
  141. Section VI under 1 min
  142. Section VII under 1 min
  143. Section VIII about 10 min
  144. Section I under 1 min
  145. Section II under 1 min
  146. Section III about 1 min
  147. Section IV about 1 min
  148. Section V under 1 min
  149. Section VI about 1 min
  150. Section VII about 1 min
  151. Section VIII about 1 min
  152. Section IX about 1 min
  153. Section XI about 1 min
  154. Section XII under 1 min
  155. Section XIII under 1 min
  156. Section XIV about 1 min
  157. Section XVI about 1 min
  158. Section XVII under 1 min
  159. Section XVIII about 1 min
  160. Section I under 1 min
  161. Section II under 1 min
  162. Section III about 1 min
  163. Section IV under 1 min
  164. Section V about 1 min
  165. Section VI under 1 min
  166. Section VII under 1 min
  167. Section VIII about 1 min
  168. Section IX about 1 min
  169. Section XI under 1 min
  170. Section XII under 1 min
  171. Section XIII about 1 min
  172. Section I about 1 min
  173. Section II about 1 min
  174. Section III under 1 min
  175. Section IV under 1 min
  176. Section V under 1 min
  177. Section VI about 1 min
  178. Section VII under 1 min
  179. Section VIII under 1 min
  180. Section IX under 1 min
  181. Section X about 1 min
  182. Section XI about 1 min
  183. Section XII under 1 min
  184. Section XIII about 3 min
  185. Section I about 1 min
  186. Section II about 1 min
  187. Section IV under 1 min
  188. Section V under 1 min
  189. Section VI under 1 min
  190. Section VII under 1 min
  191. Section VIII under 1 min
  192. Section IX under 1 min
  193. Section X about 1 min
  194. Section XI under 1 min
  195. Section XII under 1 min
  196. Section XIII about 4 min
  197. Section I about 2 min
  198. Section II under 1 min
  199. Section III under 1 min
  200. Section IV about 1 min
  201. Section VI under 1 min
  202. Section VII under 1 min
  203. Section VIII under 1 min
  204. Section IX about 1 min
  205. Section X about 1 min
  206. Section XI about 1 min
  207. Section I about 1 min
  208. Section II under 1 min
  209. Section III under 1 min
  210. Section IV about 7 min
  211. Section I about 1 min
  212. Section II under 1 min
  213. Section III under 1 min
  214. Section IV under 1 min
  215. Section V under 1 min
  216. Section VI under 1 min
  217. Section VII about 17 min

Continue:

Front matter

THE ORDINANCES OF THE MINES OF NEW SPAIN. THE ORDINANCES OF THE MINES OF 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. iiOltDOU : PRINTED FOR JOHN BOOTH, DUKE STREET, PORTLAND PLACE. 1825. Howled, and Brimmer, Printers; 10, Frith Street, Boho. TABLE OF CONTENTS. OBSERVATIONS. Page Some account of the Ordinances 1 Prospects of the English Companies in working the Mines . ...... 5 Defects ofthe Mining System in America 7 Causes of the decayed state of the Mines . 11 The nature of the contracts entered into by the Associations, 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 44 45 47 59 60 ib 63 im- 65 70 Legality ofthe Associations, according to the laws of this Country Statute 6. Geo. I. Cases under this Statute General expediency of embarking property in the Mining speculations Liability to the laws affecting partners Dealings between the partnership and third persons Mutual dealings among the partners . Proceedings in Equity concerning them possible modes of meeting the difficulties arising in such cases Distance of the property in question Real criterion of the expediency of 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 general . .... 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. •ection Pag* 13. Of the duration of the offices of future administrators 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 fiscal and promoter ofthe Miners . ib. 19. Of communications to be made to the King by the Tribunal . . . . .18 20. Of persons representing the Tribunal at Court ib. SI. Of the minute book of the Tribunal . . ib. 22. Of papers, orders, &c. to be preserved in the archives of the Tribunal 19 ib. ib. 20 ib. 23. Ofthe inventories to be drawn up at the elections 24. Of the secretary of the Tribunal 25. Ofthe chief and second official of the Tribunal 26. Of its messengers 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 . . . ib. 4. Votes of Miners thus enrolled . . 23 5. Of choosing the electors in some places . . ib. Page 24 ib ib 25 26 ib 27 ib 28 ib 29 30 ib 32 ib Section 0 7. 8 Of administrators voting for their principals Who to preside at and regulate such elections Territorial deputations — number of deputies composing them — mode of their appointment . 9 Ofthe substitutes for the territorial deputies 10 Of recorders (procuradores sindicos) 11 Of the obligation to discharge the office of deputy ..... 12 Of re-election to such offices 13 Ofthe powers conferred on the deputies by tbe electors ; of the oaths to be taken by both parties ..... 14 Of the account of the election to be transmitted to the Tribunal . 15 Of the mode of paying the territorial deputies, inspectors, and surveyors of Mines 16 Of the report of the deputations upon the condition of the Mines, to be addressed to the Tribunal .

Chapter III

Of Jurisdiction in Mining Causes. 1 Administrative jurisdiction of the Tribunal General : 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 ... 4 The territorial deputations to proceed in causes relating to Mines, independently ofthe Tribunal General . ... X Sectiou p*8* 5. When proceedings to be had verbally . . 33 6. Of summary judgments in causes in the first instance, and also in appeals . . 34 7. Of appeals; in what cases admissible . . 35 8. Of signing decrees and judgments . ib. 9. When the Territorial Deputies may act separately, and what to be done in causes where they disagree . . • • .ib. 10. Of references to lawyers ... 36 11. Of reports of the proceedings in causes . . 37 12.

Ofthe execution of the sentences of the Tribunal, and of the Deputations . . . ib. 13. Of appeals, and the persons who are to compose the Courts of Appeal . . . .38 14. Of proceedings therein ... 40 15. Of the time for entering appeals, and the mode of so doing . . . . .ib. 16. When the sentences of Appeal Courts to be final 41 17. Appeals from the first sentences of the 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. 43 20. Of causes relating to possession and property 21. When an interventor to be appointed ; and when the working of a Mine to be suspended ib. 44 22. Of executive demands 23. Of executions in Mines or reducing establishments ib. 24.

Of Mines given up under an execution, when liable to denouncement Section Page 25. Ofthe wages ofthe workmen and interventor in such Mines . ... 46 28. Creditor undertaking to carry on the works, shall have preference .... ib. 27. When Mines are comprised in the judgment of any court of the country, the judge thereof shall send notice to the 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. Ofthe vote of the Director-General in the Tribunal . ■ . . .50 35.

Of the proper jurisdiction in matters relating to puhlic 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 ofthe Judges of Mines. 1. Ofthe number of members ofthe Tribunal necessary to transact business; and of the number of judges in appeals ; and when any of the advisers (consultores) may be substituted in their stead . . . . . Page Section 2. Refusal of the judges' of the Tribunal, when prohibited; when allowable 54 ib. ib. 3. The same of the territorial deputies 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 2. Grant of them to subjects 65 ib. ib. 3. Conditions of such grant

Chapter VI

Of the manner of acquiring Mines — of New Discoveries — Registers of Veins — and denouncements of Mines, abandoned 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 proceedings 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 conflicting claims . . . . ib. 8. Of denouncements — and proceedings thereupon ib. Section Page 9 Privilege ofthe former Mine-owner in such cases 61 10 Time allowed to denouncer for taking possession — in what cases enlarged, and with what privilege . ib. 62 11 Forfeiture of mine Former possessor to be paid fur works left in the Mine . 12 ib. ib. 13 Of intermediate spaces (demasias) between Mines Veins, &c. may be discovered and denounced, which are under the property of another 14. 63 15 What to be done in cases where Mines or establishments might injure the buildings in towns or villages . . . . . ib. 16 For what articles in an ancient Mine or establishment the denouncer must pay ib. 17 Of denouncing contiguous Mines — and what privileges may be granted to persons re-establishing deserted Mines . . . . 64 18.

Of irregular depositories of gold and silver 65 19 Ofthe waste ground and earth-heaps of abandoned Mines . . . . . ib. Of the dross, rubbish, and refuse of deserted smelting houses and establishments 20 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.

Chapter VII

Of Persons who may or may not discover, denounce, and work the Mines. Section Page 1. General grant to subjects and prohibition to Foreigners . . . . .68 2 Prohibition of religious persons and orders — and what to be done in case of Mines, &c. devolving upon them by inheritance or other cause ib. 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 property 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 Properties — and of the measures in Mines. 1. Reasons for altering the measures heretofore used in New Spain . . . .72 2. Ofthe number of yards to be granted . . ib. 3. Ofthe square (quadra) .... ib. 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 . . . 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 ground on deserted Mines 78 17. Ofthe Mine-owner's possession in all veins within his property . . . . .79

Chapter IX

Of working, supporting, and protecting the Mines. 1. Ofthe necessary security in Mines 80 2. Ofthe proper superintendance in Mines ib. 3. Ofthe 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. 83 ib. 84 ib. 7. Of the punishment for weakening the pillars, &c. 8. Of cleanliness in Mines 9. Of the ladders 10. Ofthe visits and inspections ofthe deputies 11. Of the duties of persons having Mines elevated 85 above those of their neighbours 12. Of ventilating Mines ib. 13. Of keeping Mines in a course of working 86 14. Ofthe interval during which they must be worked annually ib. 87 15. Of Mine-owners keeping their Mines in disuse 16 Of notice to the deputation, when it is intended to abandon . 88 89 17, 18. Of proceedings to be had thereupon

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. Ofthe 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 .... 100 3. Ofthe 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 ..... 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 Ofthe strokes or tallies to be made by the workmen 105 Of the payment of their wages . . . ib. 2. 3. 4, 5. Of leaving their wages entirely at their own disposal ...... 106 6. Of the provisions supplied to them . . . ib. Of the account to be delivered to and kept by 7, each workman .... 107 Of encreasing their pay occasionally . . ib. Of the supplies to the Indians . . . 108 8 9 Of the different modes of paying workmen, and, in cases of payment by tbe task, of the mode of paying any one who shall work beyond his 10 task work . . . . . 109 Of mixing together the ore delivered by any la- 11 bourer as his share-work, and that delivered as his task work, in certain cases, and the option allowed to such labourer . . .

Section Page 12. Of the inspection of workmen going into or out ofthe Mines . . . . Ill 13. Of compelling idle persons and vagabonds to work in the Mines .... 112 14, 15. Ofthe regulation ofthe Meta, and the working companies allotted to Mines; of their ceasing to work in a Mine in consequence of its being deserted, and of their becoming attached to it again on its re-establishment 112, 113, 114 16. Of their working on the establishment to which they are attached, rather than elsewhere . 115 17. Of their alternate working in profitable and unprofitable Mines, and ofthe certificate necessary to enable them to work in other Mines than those to which they are attached . . ib 18. Of workmen having contracted debts in a Mine . 116 id. Of thefts committed by workmen . . ib. 20. Of placing to work, workmen who have been imprisoned for debts or slight offences . . 117 21. Of workmen secreting metal . . . ib.

Chapter XIII

Of the supply of Water and Provisions to the Mines. 1 . Of the preservation of the springs, and the cleanliness 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 for the cattle working the machinery . . ib. 4. Of the exemption from tolls, of persons drivingsuch cattle . . . . .119 Section Page 5. Of regulating the price of provisions and clothing in the Mining districts . . . 120 Of the privileges of persons carrying provisions to 6. the Miners . , . . .ib. Of the territorial deputations visiting aud in- 7. specting the fountains, &c. . . . 121 Of their inspecting the courses and beds of the 8. 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 Of keeping the roads in repair . . . 123 9 10, Of keeping in repair the private roads in the Mining districts .... 124 Of erecting bridges, and the expense thereof . ib.

Of the mountains and woods in the neighbour- 11 12 hood of Mines .... 125 Of the delivery of wood by the cutters and car- 13 riers . . . ■ • ib. Of keeping up the supply of timber . . ib. 14 15 Of veins of salt water, and veins of rock salt, and ofthe salt works conceded to the Indians 126 Of the prices of articles necessary in the Mines, 16 and how to regulate them . . . 127 Of the distribution of quicksilver . . . ib. 17 Of not intercepting the sellers of articles going 19 to the Mines . • • XX

Chapter XIV

Of the persons ivho 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 the highest price to be allowed for quicksilver, salt, chalk, &c.4"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.

Ofthe 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 ib. 11. Of the right of owners to attend at the process of reduction . . . 134 12. Of the carriage due upon metals going from tbe Mines to the establishments . . ib. 13. Of the punishment of mule-drivers stealing any such metal . . . .ib.

Chapter XV

Of the Contractors for supplying Mines, and of lit* Dealers in the Metals. Section Page 1 Of the modes of paying Mine-suppliers, and of the signed contract between owners and suppliers . . . 136 Of the deliveries of the metal, where the supplier 2 is paid by premium upon the metals . . 137 Of the per centage which may be received by the 3 contractor, where the repayment of the sup plies is secured to him . . . 138 Of the supplies in money, bills, or goods . ib. Of accidents to the supplies upon the road . ib. 4 5 6 Of the responsibility of the Mine-owner and of the privileges of second suppliers . 139 7. 8. Ofthe mutual rights ofthe owner and supplier 140 Of the right of the Mine-owner or proprietor of the metal to accidental discoveries of gold among the silver . . ib. Of the capital supplied remaining invested during 9 the continuance of the partnership when the contract is made in the way of partnership . 141 Of the assaying the metals, and the deduction of 10 the royal duty .... ib.

Of the balance and scales, to be kept by the 11 merchants of the Mining districts . . 142 Of the tools and utensils of Miners . . 143 12. Of ascertaining the value of the metal by heating it .... tb. 13. b Page 144 ib 145 ib 146 148 ib 149 ib 150 ib ib, Section 14. Of the interventor to be appointed by the contractor .... 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 17. Of the punishment of persons presenting specimens as the produce of a Mine, and soliciting supplies on false pretences

Chapter XVI

Of the Fund and Bank of Supplies. 1. Reasons for creating a general Fund for the Mines . - . . . 2. The management and custody of the monies raised for this purpose to be under the controul of the Royal Tribunal General 4. Ofthe appointment of a factor 5. Of the mode of paying him, and the bail to be given by him for his conduct 6. Who to have the custody of the capital, and who of the goods . 7. Of the account of the contents to be taken annually ofthe warehouses and stores 8. Of the account between the Royal Tribunal and the Mine-owners who are supplied by the Bauk .... 9. Of the writing clerks to be appointed for these purposes Page 151 152 ib ib 153 ib 154 155 156 ib. 157 Section 10. Of the silver remitted by Mine-owners to the Bank, and their duties in relation thereto 11. Of the salaries to be paid, and the accounts to be kept by the factor 12.

Of the goods to be bought by him 13. Of the prices of goods delivered on account of the Bank in Mexico, and the Mining districts 14. Of the qualifications which must be submitted to the Royal Tribunal by persons proposing for supplies .... 15. Of shewing no preference to Mine-owners, except on tbe score of the urgency of the case 16. Of the terms on which the supplies are to be furnished, and laying them before the Royal Tribunal . . 17, 18. Of appointing interventors to Mines supplied by the Bank, and of their duties 154, 19. Of the salary of such interventors, and of rewards and punishments to them in certain cases 20. Of the preference to be shewn to an individual supplier in cases of competition between any such person and the said banks

Chapter XVII

Of Surveyors for the operation of Mines, aud the reduction ofthe 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 Section pa2e 2. Of the instruments to be kept by the Mining professors . . • 159 3. Of the laboratories and machines for tbe surveyors 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 employed 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 Tribunal 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. Ofthe attendance of the said professors and surveyors upon the deputies in their visits, and of their fees 162 10. Of the qualiGcation of persons employed in the Mines until the establishment of the College of Miners ii. 11. Of the birth, parentage, education, and manners ofthe said professors and surveyors . 164

Chapter XVIII

Of the education and instruction of young persons intended for the Mining busitiess. I Reasons for the establishment of the college and schools of Miners . . . Section Page 2. Of the children to be maintained for the purpose .... 166 3. Of the free entrance inta 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 education 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 . : 1 75, 176 3. Of their qualified freedom from arrest for debts 176 4. Of applying the produce of Mines or establishments in case of sequestration . . Page ib ib 178 lb ib. 172 180 181 182 Section 5. Ofthe reservation to a Mine-owner in case of an execution upon his other property 6. Of the savour 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 8. Of the eligibility of Mine-owners and administrators to the office of magistrate or governor, and of their privilege of excusing themselves 9. Of the preference to be shewn to Miners in obtaining lands, renting houses, and buying provisions ; and of their liberty to hunt, fish, &c. and other privileges 10.

Of checking the extravagance of Miners 11. Of the prohibition of gambling and other shameful diversions among the Miners 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 13. Of the duties of the council of the Indies, the Royal Audiencies and Tribunals, the Viceroy, Captains and Commandants General, Governors, Intendants, Ministers, Judges, and all other persons, in respect to these Ordinances, and of their final authorization and confirmation

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 - . OBSERVATIONS, xfc. %c. 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 advancement 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.

The opening of the book is shown; the full text loads in the reader.

Loading the full text…