Ordinances of August 22d, 1584. to construct such contraminas, the owners of the Mines shall make them, and each shall contribute to the same, according to the nature and condition of his Mine which can be drained by said contramina. And that when the owners thereof shall not agree amongst themselves to construct it, the Administrator General, having inspected and made himself acquainted with the character of the place, and the utility of the work, will arrange with them to construct it. And that in such case, (the said owners having agreed to it,) he shall make such apportionment or apportionments, as may be necessary, amongst the owners of the Mines which are to enjoy the benefit, of what each one has to contribute, according to the advantage which is to result to them, and he shall compel the payment and fulfillment of the said apportionments, which are made for the said purpose. And that the ore which may be taken out, in opening and working the said contramina, shall be used for the expenses incurred in constructing it; and the deficiency shall be apportioned according to the arrangement entered into by the owners, or, in default of such agreement, according to that made by the said Administrator. Art. 80. Also, we ordain and command, that if, in the said contramina or contraminas which, in conformity with what is aforesaid, are opened, there shall be discovered any new Mines which were not previously found and discovered on the surface, even though they fall within the stakes of other Mines discovered on the surface, those which are so discovered where the said contramina is opened, shall belong to the owners who shall have contributed to such contramina; and each of them shall have a share of the produce, proportionate to the share of the expense which has been. apportioned to him respectively, as aforesaid. Art. 81. Also, we ordain and command, that if there be any Mines very distant from the place where such con Ordinances of August 22d, 1584. tramina shall be made, and, for that reason, their owners shall not be willing to contribute to its expense, then, and as often as it shall be ascertained that the water of said distant Mines is drained off, or diminished, by reason of said contramina, or that they derive any benefit therefrom, in getting out ore, rubbish or anything else, they shall pay to the owners of said contramina so much as shall be rated and assessed by the Administrator General, or by the Administrator of the Partido, or of the one nearest thereto, for the benefit which, from said contramina, may result to their Mine; having regard to the expenses to which they would have been put, had not such contramina been constructed, and which are thereby saved to them. Art. 82. Also, we ordain and command, that if in any of the Asientos of Mines where it may be convenient to make the said contramina or contraminas, the owners of the Mines are unwilling to incur the expense of working it, and some individual shall desire to undertake the work, the Administrator having approved the expediency of making it, and the commencement of such contramina being registered, he shall be at liberty to make it, and he may make it as far as he pleases, without regard to the order of stakes, or to the boundaries measured. And all the ore and the produce thereof, which may be discovered by means of said contramina, shall belong to the person who shall have made the same provided, that he shall not take more of the ore of another's Mine than shall be contained within the cavity of such contramina, and that he who constructs said contramina shall not be permitted to increase its depth, height, or width beyond the dimensions which shall have been assigned at the commencement of said contramina, which are understood to be eight quarters (of a vara) in height, and five in width. And that he shall enjoy this preference and the ore, so long only, as there shall be no other Mine Ordinances of August 22d, 1584. deeper, and from which more benefit results to said Mines, for this right belongs to that one which is the deepest. Art. 83. Also, in order to confer a benefit and favor upon those who hold and work said Mines, and upon their Administrators, assayers, smelters, refiners, accountants, and paymasters-We ordain and command, that in the parts and places where they shall reside in said Mines, they shall be free and exempt from having guests and baggage trains (vagages) quartered on them, and that they shall not be obliged to furnish beds, nor guard beasts (bestias de guia), nor wagons. And that, besides this, they shall be at liberty to carry arms in said Mines, at all times of day and night, offensive and defensive, provided they be not such as are prohibited, nor carried in prohibited places; and that our courts shall observe this and not oppose it, so long as they shall be employed in said Mines and in the working thereof. Art. 84. Also, it is our will and pleasure, and we command, that the incorporation, which we thus ordered to be made into our Royal patrimony, of the Mines of gold, silver and quicksilver, by the said Edict (Pragmatica) of the year 1559, be, and shall be, understood to be, without prejudice to the contract and agreement which we ordered to be made with Don Diego de Cordova, our Master of Horse, respecting the Mines which he holds by gift (de Merced), signed with our name, on the 15th day of August of the year 1568. By which said laws and ordinances, and by each one of them, we command that the said Mines, and the things touching, annexed to, and concerning them, shall be directed and governed; and that all the Judges, Courts and Audiencias, in their districts and jurisdictions, shall observe them and cause them to be observed, complied with, and executed, in all and by all, as in them, and in each Edict of August 18th, 1607. one of them, is provided, and that against their tenor and form, they shall not go or pass, nor consent to go or pass, under the penalties in these our said laws and ordinances contained, and under the penalty of our displeasure, and of ten thousand maravedis, to be paid to our exchequer by each one who shall violate the same. And we command our principal Auditors (Contadores Mayores) to enter a copy of them in the books of our Contaduria Mayor, and to cause them to be printed for the benefit of all. And, moreover, we command our said Contadores Mayores to keep books, accounts, and note of all which, from said Mines shall come to us, and of the reports and transcripts which our said Administrators and officers shall have sent, of the condition of said Mines and of their costs and expenses. August 18th, 1607. Don Philip III, in Cedula August 18th, 1607. [Book VI, Title XIII, Law X, Nueva Recopilacion.] In which are changed some of the provisions of the ordinances of August 22d, 1584, with respect to the Royal dues, and to the working and the reduction of Mines of gold, and silver, and other metals. Art. 1. Whereas the King, my lord and father, (who is now in Holy Glory), by his Letter (Carta) and Provision, signed with his hand and countersigned by Juan Velas Edict of August 18th, 1607. quez de Salazar, his Secretary, issued by some of his Council, dated at San Lorenzo el Real, the 22d of August, 1584, ordered to be made, and made, certain ordinances concerning the Mines and minerals in these kingdoms, discovered and to be discovered, in which (among other things) it is provided what dues are to belong to His Majesty from said Mines and minerals, and the form and order to be had and observed in collecting them, as in said Letter and Provision is at greater length set forth; and whereas experience has shown it to be necessary and expedient, for my service, as well as for the benefit of these kingdoms, and of their subjects and natives, to grant grace and power to the discoverers and workers of the said Mines, in addition to those granted to them by the said ordinances, and to facilitate the payment and collection of the said duties and of other things, it having been discussed and considered in different Juntas, as well in my time as in that of His Majesty, and lastly having ordered it to be discussed and treated of in my Council of Treasury and its Contaduria Mayor; and having had its opinion, I have granted, resolved and determined, that, although, according to the said ordinance, there belongs to me, of the Mines of silver, whose metals yield at the rate of a mark and a half of silver, (which is twelve ounces per quintal of lead-silver), the tenth part of the silver, without deducting expenses; and of those which yield at the rate of from a mark and a half per quintal of lead-silver to four marks, the fifth part; and of those which yield from four marks to six, one-fourth part; and those above six marks, one-half; and of Mines of gold, of whatsoever ley and richness they may be, onehalf of the gold, clear of all expenses; and of abandoned Mines, which shall have been sunk to the depth of ten estadas, and shall yield at the rate of two marks of silver per quintal of lead and below that, the twelfth part; and if they shall yield more, the same as from new Mines; and |