Ordinances of May 22d, 1783, Tit. XV.

ing-offices (Caxas Reales ó Caxas-Marcas), the Merchants or Dealers shall bind themselves, before the Royal Court and territorial Deputation, to take it forthwith to the Treasury of the district, in order to comply with the obligation of paying my Royal dues, and to make good what is due on the quicksilver, according to the bond which is usually given for that purpose, in New Spain, the said court and Deputation prescribing to them a term within which all this is to be done, and, moreover, giving notice, to the respective Royal officers, of the aforesaid obligation, in order that, in case it is not complied with, said bullion shall be considered as confiscated, and they may proceed to enforce the confiscation, and to impose the other penalties, prescribed by the laws, on those who defraud my Royal dues.

Art. 11. All Merchants in the Reales of Mines must keep correct and light scales, in which shall only be weighed silver and gold, never weighing with steel-yards (en Romana), however large may be the masses or quantities of these metals; and they must also keep weights, marked and properly adjusted, according to those which they have lawfully received from the proper Royal authority. And I permit the respective Deputies of Mining to examine them, from time to time, (exclusive of the inspection which is incumbent on the Royal court and public magistracy), and to take care that the weighing be always justly and faithfully done, so that, if any fraud result and be proved, and also in case of a repetition of the offense, proceedings may be had, by the Royal court which is competent to take cognizance of these cases, for the imposition of the penalties proportioned to the nature and gravity of the offense, as provided by law, being under obligation to hear on the subject, by way of report, the Deputation of the district.

Art. 12. All Miners shall have their tools marked; and

Ordinances of May 22d, 1783, Tit. XV.

any one who shall buy them of an operative, or receive them in pledge, shall pay for them double their value.

Art. 13. The said Merchants and suppliers may roast the cakes of silver-amalgam, to their satisfaction and to that of the owner, in a charcoal fire, but not in a flame, nor in any way so that it may be fused, unless in crucibles; and it is permitted to divide them, so as to examine them inside; provided, that this, as well as picking off the scales of smelted silver, be done on a table, or in such a manner that the owner may sweep up, and carry away, all the fragments, dust, or waste particles of his silver.

Art. 14. Every supplier may, at any time, appoint an inspector (Interventor) to every Miner whom he has contracted to supply, although it may not be so expressed in the contract of supplies; but it is to be understood, that such inspector is only to attend to the proper keeping of the accounts, and to have under his control the money and effects, without authority to interfere with the works of the Mine which the Miner may determine on, but he may defer their execution while he reports to the Deputies, asking for experts (Peritos), and this only in cases which will admit of such delay.

Art. 15. Inasmuch as, the current working of Mines cannot be suspended, without great injury, especially if they require draining, I order, that if the supplier, advancing supplies from time to time, shall fail to provide them in such a manner that, when the time of paying wages (tiempo de la Raya) arrives, there be no means for paying them, and if it shall have happened that the Miner, fearing and foreseeing this case, has called upon, and remonstrated. with, such supplier, and made report to the Deputation, then, not only may he pay the wages, from what is best supplied to the Mine, even from the implements and tools,

Ordinances of May 22d, 1783, Tit. XV.

but the Miner may also demand executively from the supplier what may be due, and obtain money from another, or contract with a new supplier (Aviador); which debt shall be preferred to that of the preceding one, when the Mine begins to yield a profit.

Art. 16. Those who, under pretense of taking supplies (Avios) for Mines, divert, waste, or, in any way, apply to another purpose, the funds and effects which are advanced for working them, shall not only be bound to pay them, and all damages and interest, to the party, with their persons and their property of whatsoever kind, without being allowed the privileges of Miners, or any other exemptions, but they shall also be punished in a manner suitable to the gravity, character, and circumstances of the case, and especially if they have received the supplies in trust; the cognizance of these causes being governed by the provisions of Article 29 of Title III.

Art. 17. Triers of veins (Cateadores,) searchers (Buscones), or operatives, and any other persons whatsoever, who present ores and specimens, pretending that they are of a certain Mine, for which they solicit supplies (Avios), this being in fact false, and done merely with the object of defrauding and deceiving incautious persons, I order to be punished with the utmost rigor of the law, according to the circumstances, gravity, and mal-intent which may be proved in said offenses, by the court which may have cognizance thereof, according to the provisions of said Article 29 of Title III, of these ordinances.

Ordinances of May 22d, 1783, Tit. XVI.

Title XVI.

Of the Fund and Bank of Supplies of Mines.

Art. 1. Whereas, by my aforesaid Royal Cedula of the 1st of July, 1776, I saw fit to relieve the Body of Mining of New Spain from the double duty of one real in each mark of silver, which, by way of seigniorage, was paid to my Royal Treasury, granting to it, at the same time, the right to impose on its bullion the half, or two-thirds, of the same duty, in order to supply the convenient and necessary assistance to the new and commendable establishment which is the object of these ordinances; and also considering, that the destination of the same, most conformable to my beneficent intentions, is the formation, by that means, of an endowment fund for the supply of Mines, the present fluctuating and insecure condition of the general system of Mining being, for the most part, the result of a want of capital, with the aid of which it would no doubt be put in a more secure and flourishing state, with great advantage to my Royal Treasury and to the Public:-Therefore, keeping in view what has been proposed on this subject by the Royal Tribunal of the important Body of said Mining, I have been pleased to decree and command, that all the bullion which may enter my Royal Mint in Mexico, and in any other that may be established in the kingdom of New Spain, and all which may be remitted en pasta, to those in Spain on account of its individual owners, (which must always be assayed and the fifth deducted), shall henceforth pay two-thirds of a real [per mark], for the purpose of forming, preserving, and increasing the endowment fund of the said Mining; and that, from this contribution, no Miner shall be exempt, not even those to whom, for any just cause, there may have been, or may hereafter be, granted the remission or diminution of metalic duties which refer and appertain to my Royal Treasury.

Ordinances of May 22d, 1783, Tit. XVI.

Art. 2. The management, collection and custody of the funds which are, in this manner, to be raised, shall always be under the control and at the disposal of the said important Body of Mining to which they belong, through its Royal Tribunal General of Mexico, which represents it.

Art. 3. Deducting from these funds what may be neces sary to maintain the said Royal Tribunal, and the college, and the instruction of young men intended for Mining, which will be treated of hereinafter, and to defray the extraordinary and necessary expenses incurred for the common. interest and benefit of the said important Body of Mining, all the surplus, and the successive additions and products, must be used and invested solely in supplying the Mines of the kingdoms and provinces of New Spain, and in paying the expenses of working them, by establishing a Bank of bullion (Banco de platas), according to the rules laid down in the following Articles.

Art. 4. For the management and business of said Bank there shall be one Factor, or more if necessary, a man of intelligence and experience in the matter of supplying Mines, who shall be subject to and dependent upon the Royal Tribunal General of Mines, and be appointed by it, by a majority of votes, and removable in the same form and without the necessity of assigning the reason.

Art. 5. Such Factor may be paid a percentage on the profits of the Bank, or a fixed salary, or both, according as the said Royal Tribunal may direct, under different circumstances, on condition that he give sufficient securities and bonds, to be fixed and approved by the said Chiefs.

Art. 6. The gross sum of the capital of the Bank which may be in coin or in gold and silver bullion, shall be kept in chests, with four keys, which shall be held by four of the Chiefs who, at the time, belong to said Royal Tribunal;