Ordinances of March 18th, 1563. be revocatory, that such decision shall be carried into full and due execution, and the party in whose favor it shall be given, shall be placed in the occupancy (tenencia) of said Mine, to whom the other party, in whose favor the first decision was given, shall render an account, with payment of all that has been taken from and produced by said Mine up to the day it is taken from him, deducting the costs and expenses which have been incurred in working and reducing the same, and this second holder (tenedor) shall also keep an account and reckoning in a book, as aforesaid, of what shall be taken out of said Mine, and of the costs and expenses, and shall give said bonds for one thousand ducats to render an account and payment, if in said claim of possession or ownership he shall be beaten and adjudged to pay it; and the said cause with respect to possession and ownership, shall be remitted to the said Court, in order that the parties may seek justice in the ordinary mode of proceeding. Art. 68. Also, we ordain and command, that when and so often as any person shall ask for a Mine of which another has quiet and peaceful possession, and shall also ask that such Mine be closed, then, inasmuch as the principal object sought for in such a case, is the ores which are taken from such Mines, and in order that the working and reduction may not be discontinued, on account of the damages which would thereby ensue ;-the said court shall command, that, within the peremptory term of thirty days, the party be cited and give evidence of the right which he may have; and that the other party, if he think proper, may give evidence to the contrary, or to such purport as he may deem expedient; and immediately on the expiration of the thirty days, if it shall appear that the plaintiff is in the right, the party in possession shall be ordered to henceforth keep an account and reckoning of the ore and Ordinances of March 18th, 1563. silver which may be taken from the said Mine and of the costs and expenses which shall be incurred, as is mentioned in the preceding ordinance, in order that he may render the same with payment, if he should be beaten: all which shall be observed, fulfilled and executed, notwithstanding any appeal, nullity or revision which may be interposed; and this being done, the said cause shall be proceeded in, without allowing any delay or malicious procrastination (dilaciones de malicia), and justice shall be done. Art. 69. Also, we ordain and command, that when and as often as cases shall arise in which arbitrators shall be appointed by the parties or by said court, such arbitrators shall, first of all, take an oath that they will well and truly give and declare their opinion; and that if such arbitrators shall not agree, then in case of disagreement another arbitrator shall be appointed, and if this one shall coincide with either of the aforesaid arbitrators, such opinion shall be observed and carried into effect; and if they should not agree, but should all differ in opinion in whole or in part, then other arbitrators shall be successively appointed until two shall agree, and having so agreed, what they shall give and declare shall be observed and carried into effect. Art. 70. Also, we ordain and command, that all thefts committed in said Mines and in their assientos and limits, of gold, silver, lead, and ores of any class or description, and of any other things belonging to or connected with the working and reduction of said Mines, shall be punished with the utmost rigor; and that any person who shall steal any of the things aforesaid, shall, besides restoring and paying to the party the thing stolen, be condemned in seven times the amount, which we apply, onehalf to our exchequer and the other half to the informer and the judge who shall pass sentence; and if he shall not have wherewith to pay the said penalty of sevenfold the Ordinances of March 18th, 1563. amount, it shall be commuted to some corporal punishment, or to banishment, according to the gravity of the offense. Art. 71. Also, we ordain and command, that our said. officers who reside at Guadalcanal, and the persons appointed by them and by their successors, to attend alone in any of their places, and our treasurers, contadores, factores, who are or may be in said Mines or in any partidos thereof, and the courts, and notaries, which by us are appointed or shall hereafter be appointed, to use and exercise their offices therein, shall not be at liberty to have or hold any Mine or part of a Mine in any Partido of the kingdom, either by themselves or through any person, directly or indirectly, during all such time as they shall hold the said offices, under penalty of being forever deprived of such offices and of forfeiting the Mine or Mines which they may hold, which shall go to the denouncer, and under the further penalty of forfeiting half of their property to our exchequer, which penalty of forfeiture of property and Mines shall be incurred by any person who shall ticipate in the above offense. par Art. 72. Also, we ordain and command, that no other persons who, by the appointment of our said officers. or by persons whom they shall appoint, shall be engaged in the working and reducing of said Mines, or who shall in any manner receive salary or pay from us for that purpose, shall be at liberty to hold Mines or shares in Mines, either by themselves or through any person acting for them, directly or indirectly, in the Partidos where they shall be employed and shall work, or within two leagues around; and if they shall take or shall have any Mine or Mines or shares thereof, whilst they receive our salary or pay as aforesaid, they shall forfeit such Mine or Mines or shares thereof, and they shall go to the person who shall denounce the same; Ordinances of March 18th, 1563. and besides this, they shall be banished from said Mines. and from the space of six leagues around for the full term of three years, and they shall not break that term under the penalty, if they be of noble rank, of the said term of banishment being doubled; and, if of lower rank of being forced to serve said three years at the oar in the galleys. Art. 73. Also, we ordain and command, that our said officers shall be at liberty to assign to the persons whom they may appoint in the Partidos, and all others whom they may deem necessary for the benefit and collection of our Royal dues, the salaries which they shall deem proper; and to give an order to each one for what he is to have, in order that he may be paid by the Treasurers and persons who collect from what is produced in said Partidos; and he may also make the other expenditures which for the above purpose they may determine to be expedient: of all which a book shall be kept with the amount and reckoning of what is issued and expended, and they shall send accounts, signed with their names, to our Contaduria, Mayor every three months, in order that they may there be examined, and if anything should require changing, it may be done as deemed expedient. ORDINANCES FOR MINES OF GOLD. Art. 74. Also, we ordain and command, that all persons who shall search for, find and take Mines of gold, whether as first discoverers or as others, shall, in taking, registering and staking out the boundaries of said Mines, observe what is contained in these ordinances with respect to taking, registering, and staking out Mines of silver, and under the penalties in them contained: and that, in conformity to the said ordinances, and under the penalties therein contained, they shall be obliged to send the registries to our officers Ordinances of March 18th, 1563. who reside at Guadalcanal: and these shall keep books of registries of Mines of gold, as is prescribed with respect to those of silver. Art. 75. Also, we ordain and command, that the first discoverers of said Mines of gold shall take and hold fifty varas in length and twenty-five in width, and that the Mine which is to be left for us shall have the same dimensions; which dimensions they shall be at liberty to take as may best suit them; and in all else they shall observe what is contained in said ordinances with respect to silver, and under the penalties therein contained. Art. 76. Also, we ordain and command, that all those who have Mines of gold shall be obliged to keep them occupied (pobladas) as is commanded with respect to keeping Mines of silver occupied: and that they shall also observe with respect to surplus Mines (Minas demasiadas,) what is prescribed with respect to such Mines of silver, under the same penalties as in all the foregoing. Art. 77. Also, we ordain and command, that no person shall presume to treat for, contract, sell or purchase gold in dust, or bars, or ingots (rieles), without being stamped with our Royal stamp; which we command to be kept by the person who shall be appointed in our name to collect the proportion which to us may belong: and that there shall also be a smelter who shall smelt and make bars (vergas) of the gold which shall be taken out, and who shall also act as the Trusty to weigh it ( Fièl del Peso), and he shall smelt, weigh and stamp the same with our Royal stamp aforesaid, in the presence of our said Administrator, or in the presence of the person appointed by him, and the proportion which shall belong to us shall be given and delivered to our Treasurer who for that purpose shall have been designated, and the remainder shall be deliv |
