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their order and grade in such manner as not to prevent or hinder the dis covery, use and working of the mines, and may be satisfactory to the creditor.

Law 2d.— That miners who may be imprisoned for debts_shall be imprisoned within the district and jurisdiction of the mines.

It is important that the miners and workers in quicksilver should be favoured, and relieved in every possible way in order that the working of the mines be not stopped or suspended; and in order that from their absence no inconvenience may result, we think proper that persons imprisoned for debt of whatever kind, be imprisoned in the district and jurisdiction of the mines where they work, and that they be not removed from them.

LAW 3d. That the miners and workers in quicksilver of Potosi be not detained in Lima for the debts of the royal Treasury, having given security in that city.

Philip 4th, at Madrid 9th Oct. 1635.

It is our will that when any miners and workers in quicksilver from the imperial city of Potosi, who are debtors to some extent to our royal treasury, and about to go to the city of the kings, and shall give security to present themselves within the period in which they are notified to appear before the royal officers of said Imperial city, they shall not on that account be detained or arrested, nor for any other civil cause, any decrees or ordinances to the contrary notwithstanding.

Law 4th. That miners shall be provided with the materials which are necessary, at fair prices.

Philip 3d., at Valladolid, 16th Nov. 1602.

In order to promote the good of the miners we direct the Viceroys and Governors to favor them and to cause them to be supplied with corn from our public stores, and all other articles besides which may be necessary for the supplies for working the mines and the reduction of the metals at fair prices, prohibiting the excessive charges which have been made.

LAW 5th-That the suits of the miners be quickly disposed of in the audiencies.

We charge and command our royal audiencies that they summarily dispatch and cause to be dispatched, the causes, suits, and business of the miners and workers in quicksilver which are pending before them, that they may not be perplexed by suits nor subjected to long delays, to the damage. and prejudice of the supplying of the mines and of their property.

LAW 6th. That the miners of the Philipine Islands enjoy the privilege hereby

granted.

Philip 4th., at Madrid, 16th April, 1635.

Whereas in the province of Cama Vines, of the Philipine Islands distant from the city of Monilla more than sixty leagues, there have been discovered mines of gold, the specimens of which are very rich, running from north to south nine leagues which have been tested by washing and quicksilver, and there have been discoveries of other mines and a commencement made by different persons in the occupation and working of them; it is our pleasure that the miners of the said Islands shall enjoy all the privileges which are conferred and established by the laws and ordinances. And we command the Governors and Captain General that they take special care that they be observed and that the mines be occupied and worked in such manner as may best promote our interest, the increase of our royal treasury, and the good of our vassals.

LAW 7th. That miners and workers of quicksilver of Potosi may be chosen corregidors, and to other public offices.

Notwithstanding the provisions of the 17th and 43d laws, title 2, book 3d, we permit miners and workers in quicksilver of the imperial city of Potosi to be appointed corregidors and to other public and municipal offices, although they may be debtors to some extent to our royal treasury on account of quicksilver which may have been loaned to them or any ocher debt not connected with the office for which they are candidates or which they hold, and the exercise of which gives no jurisdiction in the matter in which they are debtors and we grant to them if they have been admitted as councilmen that they may vote in the election of public officers, except when one desires to vote in virtue of an office which he may have purchased and not paid for, and the period shall have passed in which the price or any portion of it have become due and is unpaid.

TITLE XXI.

Concerning the Alcaldes Mayores, and Notaries of the Mines. LAW 1st.—That the "alcalles mayores" of the mines shall possess the endowment and qualifications herein referred to, and shall not trade or make

contracts.

Inasmuch as it is very desirable that the "alcaldes mayores" of the mines be capable persons and skilled in the working of the mines, and possess those

qualifications which are required for such offices: we command the viceroys and Presidents to whom pertain the direction of this subject, that they cause to be chosen and nominated, suitable persons and well fitted for the discharge and performance of the duties which they have to administer and they are not to permit them to trade nor to contract with the miners under pretext of furnishing supplies or any other pretext, nor with any other persons which we hereby prohibit and forbid—and inasmuch as it has been claimed by the alcaldes mayores to have administration of territory with increased limits and jurisdiction, we order that our Viceroys, Presidents and Governors communicate with intelligent persons and determine upon that which may most promote our royal interests, the administration of justice, and the supply and working of the mines.

LAW 2d. That the "Alcaldes Mayores" of the mines shall not purchase or exchange silver.

We command the Alcaldes Mayores of the mines, that neither personally nor through the medium of others shall they barter or purchase of the miners, gold, silver or other metals, either in advance or at the time of delivery, nor enter into any similar understandings and contracts, nor any contracts of whatever kind with the miners, under the penalty that the said Alcaldes Mayores be deprived of their offices and condemned to pay fourfold, and the miners be banished at the discretion of the judges trying the cause, and also subject to a fine of the amount of the contract, provided they shall not appear before the judge and disclose the transaction: and if information and proof be furnished of the contract, one half of the penalty shall belong to the minor who gave such information.

LAW 3d.-That no Alcalde Mayore, Judge or Notary of the mines shall form a partnership with the owner of the mines nor be a discoverer of mines.

We prohibit and forbid all Alcaldes Mayores, Judges and Notaries of the mines, forming a mining partnership with the owners of any mines, or engaging in the discovery of mines during their term of office, either personally or through other persons, under the penalty for said offence of being deprived of their office, and a fine of a thousand dollars to our exchequer and treasury.

LAW 4th.-That the salaries of the Alcaldes Mayores and inspectors of mines be paid from the profits of the mines.

The salaries which the Alcaldes Mayores and inspectors of the mines are entitled to receive shall be appropriated and paid to them from the profit received from the mines, and shall be taken from the profits of those mines

which are under their administration, and not paid from the treasury, nor in any other manner.

BOOK VIII.-TITLE 11.-LAW 2.

1573, 1575 & 1613.

That the royal mines may be worked, leased or sold, as may appear most desirable.

We grant to the viceroys and prætorial presidents power and authority, that if they consider that any of our mines of silver, gold or quicksilver discovered in those districts cannot be conveniently worked on our account, and find that for our own profit they may be more usefully and conveniently leased or sold, to make such lease or sale as may result favorably to our royal treasury, and to its increased income. And inasmuch as there are other mines which belong to us and which not being very rich cannot be worked, and if rented or sold we might be able to derive a profit from them; and it will be proper to adopt for this purpose some suitable means: command the viceroys and presidents, that having informed themselves of the quantity and value of each mines, they shall proceed to work, lease or sell them as may best promote the increase of our royal treasury, and render an account of the whole to the Council of the Indies.

We

LIB. II-TITLE I. LAW 2.

The laws contained in this compilation to be observed in the manner and cases herein set forth.

Considering that it is of the utmost importance that the laws framed for the good government of our Indies, islands, and continent of the Northern and Southern Oceans, which have been promulgated in separate cedulas, enactments, instructions, and charters, be collected and digested into one body, and in the form of a code, and that the same be obeyed, fulfilled, and executed: We decree and command, that all the laws herein contained be fulfilled and executed as our laws, and in the manner set forth in the law prefixed to this compilation, and that they all have force of law and supreme authority in whatever they decide and determine; and if it should be deemed expedient to enact others besides those contained in this book, the viceroys, presidents, tribunals, governors, and superior alcades, shall give us informa tion thereof, through our council of the Indies, stating their motives and reasons for so doing, in order that, on due consideration, such measures may be taken

as shall be thought proper and added in a separate book. We command that no addition be made to the municipal laws and ordinances of each city, nor in those which shall be made by any community or university, nor in the ordinances enacted for the good and benefit of the Indies, and confirmed by our viceroys or royal tribunals for their good government, when not repug nant to the laws contained in this book, which shall have the same force and operation as if they were confirmed by the tribunals (audiencias) until, after being seen by the council of Indies, they shall have been approved or rejected. And as regards what is not determined by the laws contained in this compilation, with respect to the decision of causes, the laws in the compilation, and partidas of the kingdom of Castile shall be observed in the manner set forth in the following law.

LIB. II.-TITLE 1, LAW 2.

For the observance of the laws of Castile, in cases which are not provided by those of the Indies.

We decree and command, that, in all cases, transactions and suits which are not decided nor provided by the laws contained in this compilation, nor by the regulations, provisions, or ordinances enacted and unrepealed, concerning the Indies, and by those which may be promulgated by our orders, the laws of our kingdom of Castile shall be observed, conformably to the law of Toro, with respect as well to the substance, determination, and decision of cases, transactions, and suits, as to the form of proceedings.

IBID.-LAW 4.

For the observance of the ancient laws in force for the government of the Indies, and of those which have been re-enacted.

We decree and command, that the laws and good customs anciently in force in the Indies, for their good government and police, and the usages and customs observed and retained from the introduction of Christianity among them, which are not repugnant to our sacred religion, or to the laws contained in this book, and to those which have been framed anew, be observed and fulfilled; and it having become expedient to do so, we hereby approve and confirm them, reserving to ourselves the power of adding thereto whatever we shall think fit and will appear to us necessary for the service of God our Lord, and our own, and for the protection of and christian police among, the natives of those provinces, without prejudice to established usages among them, or to their good and wholesome customs and statutes.

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