year it was sent to the court, and approved by royal cedilla of May 22, 1783.[1]
A prominent new feature therein was the change of jurisdiction in mining cases. Hitherto with few exceptions miners had been tried in the usual way, by the ordinary courts; now the mining tribunal was given an authority which finally-became exclusive, and which it exercised in the districts through diputaciones. Great stress was laid upon the requirement for the judges to be expert miners,[2] and for conducting the trials in a summary way.[3] Suits for small sums could only be carried on verbally, and in all cases the respective judges had to attempt the reconciliation of the contending parties.[4]
The former regulations for taking up new as well as abandoned mines[5] were reformed, and the rights of previous owners received greater respect. The discovery of new veins was rewarded by a greater allotment of ground.[6] Foreigners could not hold possession of mines or work the same, unless with special permission from the crown, nor were the clergy and
- ↑ The text is given in Beleña, Recop., ii. 214—292; Zamora, Bib. Leg. Ult., iv. 314-344.
- ↑ The administrador, director, and deputies of the tribunal at Mexico were obliged to have more than ten years' experience as practical miners. Ordenanzas de Minería, 6-7.
- ↑ A similar order had been given on November 26, 1602, 'porque no se distraygan (the miners) con pleytos, ni hagan largas ausencias.' Recop. Ind., ii. 73.
- ↑ Appeals only aiming at delay were to be rejected. Courts of appeal could be formed in the mining districts of the highest judicial officer assisted by substitutes for deputies. That for Mexico was composed of the director-general of the tribunal, one ex-member of that body, and an oidor. Beleña, Recop., ii. 226-9. A few years later the tribunal de minería was made the court of appeal for all new Spain. Ordenes de la Corona, MS., iii. 96-8; Revilla Gigedo, Instruc., 120-1. Other instructions for the proceeding of the tribunal and the different diputaciones are given in Ordenanzas de Minería, 31-61.
- ↑ A law of June 18, 1629, provided that the abandonment of a mine for a term of four years gave any one a right to claim it as a new discovery. The Spanish term for filing claims to a mine was denunciar. Montemayor, Sumarios, 204; Recop. de Ind., ii. 69.
- ↑ Three claims were to be granted, but none could exceed 200 varas square. The dimensions varied according to the inclination of the vein. The first labor, to sink a shaft of 4 feet in diameter and 30 in depth, had to be done within 90 days after filing the claim. The details of the ordinance are giver in Zamora, Bib. Leg. Ult., iv. 324-9.
