Ordinances of May 22d, 1783, Tit. X. fessor of the district may order and direct. And the territorial Deputations are charged to give to this matter, very special care in their visits, imposing and increasing the corresponding penalties in proportion to the offense which is proved. Art. 14. Whereas, experience has shown the general utility of said works, and also that by neglect and inattention, and to economise their cost, they have been left higher than the workings of the Mine; that such undertakings afterward become much more difficult and expensive; and if capital be wanting to complete them, the owners are forced to clear the lowest workings by interior drains, raising the water to the shaft (tiro) by means of machines moved by men with little effect and great expense, and sometimes with intolerable fatigue to human strength; I order and command, that all owners of Mines which require draining shall always sink the bottom or base of the tiro deeper than the lowest workings and pits, in such manner, that there may remain to them a sufficient support to enable them to be worked, and room enough in the tiro for the water: the observance of which shall be watched with particular care by the territorial Deputations in their visits, imposing penalties as provided in the preceding Article. Art. 15. If any owner of Mines which require draining is unwilling to keep them drained, contenting himself with working the upper portions which are not reached by the inundation, and another person shall denounce the Mine. or Mines, offering to drain and clear the deepest workings, notice shall immediately be given to the possessor of such Mine, in order that, if he be either unwilling or unable to establish the draining within the term of four months, it may be adjudicated to the denouncer, he giving security for the expenses of the draining according to the estimate of Experts (Peritos), and to the satisfaction of the Deputies of the district. Ordinances of May 22d, 1783, Tit. X. Art. 16. If the owner of any Mine of which the workings are lower than those of his neighbors, whether from its situation or its greater progress, shall be put to greater expense for his draining by his neighbors either not draining, or draining insufficiently, their higher Mines, and water shall communicate from one to the other, I order and command that the owners of the higher Mines shall keep up all the draining which they require, or, in default thereof, shall respectively pay to the owners of the lower Mines, in silver or current money, the damage which they may cause to the latter, it being assessed by Experts (Peritos), who shall previously examine into the case, and make experiments with the greatest possible accuracy. Art. 17. To all persons who shall undertake to defray the expense of draining and clearing many Mines, by constructing general Tiros or other works, and causing to be constructed and maintaining costly machines, because adits are not practicable, I grant the ownership of all the deserted Mines and pertenencias which they shall effectually clear, even though they be contiguous upon the same vein; and I command that the Viceroy, on the recommendation of the Royal Tribunal General of Mexico, shall grant to them, all the privileges, exemptions and assistance which can be dispensed. But I declare, that the owners of occupied Mines, and those who in any manner derive benefits from such works, shall only be obliged to contribute to them, in proportion to the benefits which their Mines receive, according to the valuation of Experts (Peritos), with the intervention of the Deputies of the district. Ordinances of May 22d, 1783, Tit. XI. Title XI. Of Mines worked in Partnership. Art. 1. Inasmuch as many Mines are worked by several Miners united, their partnership beginning from the time they denounce them, or being subsequently entered into in various ways, and as this is of great advantage and utility in working Mines, since it is is more easy to engage therein where many unite together, each contributing his part of the capital, or because, where the capital of one alone is not sufficient for great undertakings (empresas), that of all the partners may be ample; I will and command, that such special or general partnerships be encouraged, promoted, and protected by all convenient measures, my Viceroy granting to those who may form them, all the favors (gracias), assistance and exemptions which can be granted to them, according to the judgment and discretion of the Royal Tribunal of Mining, and without detriment to the interests of the public and of my Royal Treas ury. Art. 2. Although, by these ordinances, I prohibit any one individual Miner, who works in the ordinary manner, from denouncing two contiguous Mines on the same vein; nevertheless I grant to those who may work in partnership, although they be not discoverers, and without prejudice to the right which by reason thereof they may have in case they are such, the right to denounce four new pertenencias, or Mines which have been worked and abandoned, even when they are contiguous and on the same course. Art. 3. The common usage in New Spain of dividing a Mine into twenty-four imaginary equal parts, called Barras (shares), also of subdividing each of these into suitable Ordinances of May 22d, 1783, Tit. XI. smaller parts, shall continue to be observed as heretofore, without any change. Art. 4. Consequently no one of the partners can pretend to have a right to work the part A, or any determined part of the Mine, while another works the part B, nor each place therein a certain number of workmen; but they must work in common, so far as the Mine will admit, and must make a division of the expenses, sharing the amount proportionally among all the partners, and the same of the produce in metals of every kind and quality, whether in the rough state (en bruto), or after they have been reduced in common, as may be agreed upon. Art. 5. To avoid the disputes and differences which ordinarily occur in partnership Mines, about the direction of the works, applications for supplies, the administration, and other points connected with their working; I order and command, that all the measures necessary to be taken, shall be determined by a plurality of votes, with the intervention of one of the Deputies of the district, who shall always endeavor to preserve harmony. Art. 6. The votes shall be valued and counted according to the number of barras which each partner may possess in the Mine; so that, if one or more be owners of one and the same barra, they shall have only one vote, and he who may have two barras, shall have two votes, and so on for the rest; but if one person alone is owner of twelve or more barras, his vote shall always be counted as one less than half of the whole. Art. 7. In all cases where, by a tie of votes, or by any other cause, a dispute shall arise, it shall be decided by the Deputy of Mining who presides over the Junta, as is before declared, and I charge him to always attend to what is most just, and most to the common interest of all the partners. Ordinances of May 22d, 1783, Tit. XI. Art. 8. If, while being worked, a Mine does not produce any profit, or fails, wholly or in part, to defray the current expenses, and any one of the partners is unwilling to contribute his portion of them, in that case, the others shall give notice to the respective Deputation, in order that the day may be noted on which such partner failed to contribute; and if he shall persist in refusing to pay for four months continuously, I declare, that by that act, and from the day on which he ceased to contribute, the share of the Mine, which he possessed, is to be consi lered abandoned, and it shall go to increase proportionally the shares of those who may have contributed, without the necessity of denouncing it; but if, before the expiration of the four months, he shall contribute his part of the expenses, it shall be received, provided he pays, to the satisfaction of the parties interested, all which he may owe as having accrued during the time he ceased to contribute. Art. 9. If while the Mine is producing (en frutos), any one of the partners is unwilling to contribute to the expenses of dead works (faenas muertas), which have been decided on, according to the formalities before prescribed, on the ground that they would consume a part or all the produce of the Mine, the other partners may retain and devote to this purpose, a part or all of his share of the metals. Art. 10. If one or more Mines be worked by two partners, and they desire to dissolve the partnership, on account of a disagreement or any other cause, they shall not, in such case, be reciprocally obliged to purchase or sell, the one to the other, their respective shares, but each one shall be at liberty to sell to any third party, the partner only having the right of preference at the same price. Art. 11. A. partnership in Mines is not to be considered as dissolved by the death of any one of the partners, for |
