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Commentaries on the Mining Ordinances of Spain, Tr. by R ..., Volume 1
Francisco Xavier De Gamboa
No preview available - 2013
above-mentioned adit aforesaid Almaden amount apply ascer ascertained boundary stakes Cardinal de Luca chap civil law Collection of Castile concerning consulate of commerce crown denouncement depth direction discovered discoverer dollars Don Francisco Don Joseph duty emphyteusis Escalona established expenses fifth fixed stake forfeited Francisco de Toledo Galicia gold and silver grant ground Guadalcanal Guanaxuato Indies justice kingdom liable majesty maravedis marcs matters measured metals Mexico miners mining districts nances number of mines number of varas object observed officers old ordinances order of Santiago ordi ordinance directs ordinances of Peru owner partners partnership party penalty perpendicular persons pertenencias price of quicksilver produce profit proper proprietors quintal raised reduced regard registry revenue rule share space Spain string supplies surveying surveyors tenth tion title 13 varas in length vein viceroy whilst Zacatecas
Page 149 - But judicial matters, such as registry, denouncement, the giving possession, etc., are the province of the justices, and, by way of appeal, of the royal audiences." In sec. 24, he defines registry to be " any judicial order, or proceedings (autos...
Page 150 - The Ordinances give the name of mines to such only as are registered, because the registry is the fundamental title (el titulo fundamental) to every mine; and because the omitting to make registry evinces a vicious intention to dispose of the ore or silver clandestinely, in fraud of the right of the Crown, and to put impediments in the way of other individuals who might wish to take mines upon...
Page 15 - By the civil law, all veins and mineral deposits of gold or silver ore, or of precious stones, belonged, if in public ground, to the sovereign, and were part of his patrimony ; but if on private property, they belonged to the owner of the land, subject to the condition, that if worked by the owner, he was bound to render a tenth part of the produce to the prince, as a right attaching to his crown ; and...
Page 139 - ... before the mining justice within whose jurisdiction it shall be situate, and in the presence of a notary, producing the ore which he shall have found. And...
Page 29 - ... of grant is defined in law : that is to say, that it be a free and complete act, which being perfected, a charge attaches on the donee from that time forth, (and the being worded as a condition makes no difference,) and that upon the failure of the modification limited by the donor in his own favor or in that of a third person, or of the Kingdom or Republic, the gift determines, as will be seen by reference to the various text and doctors.
Page 15 - Subsequently it became an. established custom in most kingdoms, and was declared by the particular laws and statutes of each, that all veins of the precious metals, and the produce of such veins, should vest in the Crown, and be held to be part of the 'patrimony of the King or sovereign, prince. That this is the case with respect to the empire of Germany, the electorates, France, Portugal, Arragon, and Catalonia appears from the laws of each of those countries, and from the authority of various authors.
Page 16 - Luca, has not received any general or uniform determination, but is decided by the laws and customs of each particular kingdom or principality; for upon the breaking up of the Roman empire the princes and states which declared themselves independent appropriated to themselves those tracts of ground in which nature had dispensed her more valuable products with more than ordinary liberality, which reserved portions or rights were called rights of the Crown.
Page 16 - ... by any impediments being thrown in the way of the discovering and working of their ores; besides which, their products rank, not amongst those of an ordinary description, but amongst the most precious the earth affords, and therefore, instead of being appropriated to individuals, are proper to be set apart for the sovereign himself, whose coffers being thus enriched...
Page 146 - But we are not aware," says Gamboa, " that this order, so agreeable to the spirit of the Ordinances now under consideration, and so important to the interests of the revenue in a public, and of the subject in a private point of view, was soon carried into effect.
Page 175 - Communiter autem res agi potest etiam citra societatem, ut puta cum non affectione societatis incidimus in communionem, ut evenit in re duobus legata, item si a duobus simul emta res sit, aut si hereditas vel donatio communiter nobis obvenit, aut si a duobus separatim emimus partes eorum, non socii futuri...