Ordinances of May 22d, 1783, Tit. XIII. Art. 4. All persons may also freely go with, and pass the said animals through all fields, meadows, and public and common lands, of other Reales of Mines, or of Places (Lugares) which have no Mines, without paying for this anything, even though their owners may not be residents of that territory (territorio,) enjoying the like exemption from paying, in those of private persons, if it be not customary for other muleteers (Arrieros) and passengers to pay; but, where it is the custom to do this, they are to pay only what is just and usual. And I declare, that those who go about to search and try for (catar) Mines, shall each be allowed a saddle-beast and one for packing, without paying for pasturage, either in common or private property, whether it be customary or not to pay for the same; but, in order that this exemption may not become burthensome, very particular care must be taken that there be no excesses, and if there should be any injury done to a third person, he may make reclamation before the respective Royal Court for the proper remedy. Art. 5. In order to prevent any extraordinary rise in the price of provisions and clothing in the Reales of Mines, when they are in a flourishing condition (en bonanza), and that the same may be equitably regulated, according to the circumstances which ought to govern in them, the territorial Deputations will be careful to represent what they deem best to the courts of the district, as is directed in Article 35 of Title III of these ordinances, and also, for restraining and punishing monopolies, extortions, usuries, and all fraudulent, iniquitous, and unfair contracts, which may be discovered. Art. 6. All persons shall be at liberty to carry to the Mines, maize, wheat, barley, and any other kinds of provisions and necessaries, as charcoal, wood, tallow, hides, &c., and especially, if the Miners themselves have sent to Ordinances of May 22d, 1783, Tit. XIII. have them brought on their account: and for this purpose, I grant that they may get and bring such provisions and effects from all cities, villages (villas) and Places (Lugares), Haciendas and Ranches, even if situated in other territories, provinces, or governments, provided, that in any case there be no just and proper reason for preventing it: I therefore order, all Governors and Courts of such Places (Lugares) not to put any embarassment or impediment in the way, nor to permit, on this account, the prices of such things to be raised, but, on the contrary, to assist or favor them, in order that the Mines, and the persons employed in them, may always be provided and supplied with what is necessary. Art. 7. Without prejudice to the jurisdiction and cognizance which I have granted to the Royal courts, in Article 35 of Title III of these ordinances, the territorial Deputations may frequently visit, inspect, and examine the fountains and perennial springs, which constitute the supply of water for propelling the machinery of Mining, in order that they may be able to make representation to the said courts, as occasion may require, and for their due information, so that they may prevent the cutting down, in these sources and their vicinity, of the forests which cover them, or the clearing away, for the purpose of cultivation, or the wasting of such forests, and may also prevent the making of excavations near to or below them, or the doing of anything else which may drain or diminish them, but, on the contrary, may cause them to be purified and cleaned with the precautions and means which art pre scribes. Art. 8. The said Deputations must also see that the rivers and streams keep up their supply, and preserve their ancient sources, giving notice to the Royal Courts, in time, and before the changes and obstructions which they them Ordinances of May 22d, 1783, Tit. XIII. selves may form, shall become irremediable, whether by the currents forming islands or bars which have to be excavated, or principally by the floods which result from storms or other extraordinary causes, so that skill and diligence may, in many cases, prevent and remedy them. And, in order that the provisions of this and the preceding Articles may be carried into effect, the Deputies and Professional Experts (Peritos Facultativos) of each Real of Mines will visit the fountains and rivers within their district, twice every year, once a little before the rainy season, and once after, examining, on both occasions, with care, in order that, if they should be found to require any clearing, repairs, improvement, or change, for the preservation of their channels or direction, they may represent it to the Royal Courts, so that it may be ordered to be executed, with all possible dispatch, and with the intervention of the said Deputies and Professional Expert (Perito Facultativo), at the expense of the owners of Haciendas and of other persons interested in such waters; and, if there be none such, or their contributions be insufficient, the said Deputations will propose the means which they may consider proportionate and equitable, in order that, in the manner prescribed in Article 36 of Title III of these ordinances, it may be decided, whether or not, they are to be made at the public expense. Art. 9. To the end that the Royal and common roads necessary for communication between Places (Lugares) of Mines, and those of the district of country upon which they depend for their supplies and provisions, may be kept in order, and made as safe as possible, considering that, generally, in all places near to Reales of Mines, they are rough, difficult and dangerous, especially in the rainy seasons, I order and command, that the territorial Deputations shall act, with the greatest zeal, before the Royal Ordinances of May 22d, 1783, Tit. XIII. Courts, respecting so important an object, whether it be done at the expense of the owners of Mines and Haciendas, and of the muleteers (Arrieros) and passengers, if this be just, according to the practice observed in this particular, or whether in some other proper way, provided, that, on this point, the Royal Court shall also be governed by the provisions of the said Article 36 of Title III. Art. 10. For the repairs and security of private roads from some Place (Lugar) to Mines, and from one Mine to another, and from Mines to Haciendas, the provisions of the preceding Article shall be observed, although such works must be constructed by the owners of the respective Mines or Haciendas; but the territorial Deputations are charged to exercise the greatest zeal and care on this point, according to the results of the frequent visits which they shall make for that purpose, particularly as the said roads and paths, by nature narrow and broken, are made more perilous by travel, and by the carelessness and negligence of those who are obliged to pass over them. Art. 11. Over the rivers, streams, and torrents, which must necessarily be crossed in going to and from Reales of Mines, there shall be built good bridges of masonry, or at least of wood on strong pillars of stone and cement, which usually are more easily made for this class of rivers, because, running between hills which are close together and high, they are deep and rapid, rather than wide and of great volume; and for the determination of their real necessity, the amount of their cost, and upon whom the tax shall be levied, proceedings will be had according to the provisions of the aforementioned Articles 35 and 36, of Title III, of these ordinances. Art. 12. The forests and woods, in the neighborhood of Mines, shall serve to supply them with timber for their Ordinances of May 22d, 1783, Tit. XIII. machinery, and with wood and charcoal for the reduction of their ores; the same being also understood with respect to those which are the private property of individuals, on condition that they be paid their proper value: Wherefore, the latter will be prohibited, as I hereby prohibit them, from carrying timber, wood, and charcoal, from their said properties to other towns which can be supplied from distinct localities. Art. 13. The cutters and carriers of timbers shall not cut them at any other time, nor deliver them in any other manner, than shall be prescribed by the particular Regulations which the Royal Tribunal of Mining shall form, to which, punctually and strictly, they must conform, provided, that these Regulations are first approved by the Viceroy, and authorized by my Sovereign approbation. Art. 14. I most rigorously prohibit dealers in firewood and charcoal, from cutting young shoots, for firewood and charcoal; and I order, that where there are none, plantations of young trees be formed, especially in localities and places which formerly had them, because, by their consumption and the neglect to re-produce them, the two articles most useful and necessary for the working of Mines. and the reduction of their ores, have become scarce and dear; it being understood that, in order to attain so important a point, there will also be formed by the Royal Tribunal of Mining the proper instructions and a special ordinance, which must be punctually observed, under the penalties which may be provided therein, the formal approval and authorization being previously obtained, as provided in the preceding Article. Art. 15. Wells of salt water and veins of rock salt, which are often found in some mineral provinces and territories of Mines, may be denounced, the greatest care |