This historic book may have numerous typos, missing text or index. Purchasers can download a * scanned copy of the original book (without typos) from the publisher. 1859. Not illustrated. Excerpt: ... Ordinances of October 7th, 1786. timately established, it ought to be observed, as well in the Mines as in the mills and Haciendas for grinding and reducing the ores; but where there is no such custom, the pay will be regulated by Ordinance 18, Title I, Book 3, of those of Peru, which will also be observed with respect to the hours of work, both day and night, but voluntary agreements between the owners and the operatives, to pay them more, are not by this proion prohibited, and the same shall be done when the situation and depth of the Mines render it just, for the said Ordinance is only to be the rule in order to prevent a reduction of the pay below that which it prescribes, and in order that the most active and proper care be taken that neither the greediness of the owners may underrate the value of labor, nor that of the operatives overrate it and render it unprofitable, by curtailing the hours. Art. 38. What is said in the preceding Declaration must be understood for the present, for when the Tribunal General is established one of its first cares will be to require all the Deputations to give it an exact and detailed report of the day-wages and hours of work which, whether from legitimate custom or from practice well or ill introduced, may be observed in the Mining places (minerales) of their respective enrollments (matria), in order that, with this information and that which the Deputations themselves may add to it of what they may deem just on both points, under the circumstances of the country, the Tribunal may receive such information as will enable them, with reason and justice to propose to the Superintendency the ways and means which appear to them best for the regulation of those points, on which in great part depends the deterioration of Mini...
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The code of Mining laws established by Spain and adopted by Mexico and other Spanish-A merican States, is, in itself, well worthy of attention, as a distinct and peculiar branch of jurisprudence. In the United States, from our recent acquisitions of territory containing large Mining interests, which territory has heretofore been governed by Spanish and Mexican law, the study of this code has become a matter of special interest, not only to the legal profes.-ion. but also to statesmen and legislators. It is the object of the present work to furnish a compilation and translation of the Mining laws of Spain, from the earliest period to the independence of Mexico, and those of the general government of Mexico, from the independence of that country to the year 1853. The Mining laws of the several States, Departments, and Territories of that Republic, do not como within the design of this compilation. The division which has been adopted is somewhat arbitrary, but will be found convenient in consulting the writings of commentators on these several codes. Part Jcontains the laws, edicts, c, prior to 1584, the most important of which are the Ordinances of March 18th, 1563, usually denominated The Old Cede. This code has been explained and commented on by Lagunez, Soioraano, Escalona, Cardinal de I.uea, Gainltoa, and others. Part II contains the Ordinances of August 22d, 1584, commonly called The New Code, and the subsequent laws and orders, to the publication of the Mining Ordinances of New Spain, In
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