itants of the same, notwithstanding that there has been reserved by us minerals of gold, silver and other similar metals; it is our pleasure that henceforth all persons whomsoever of these our said kingdoms, may search for, examine and may excavate their said lands and estates, and remove from them said minerals of gold, silver, quicksilver, tin and other metals, and that they may search for minerals in all other places whatsoever, not prejudicing in their searches and excavations the rights of other persons, and acting with the permission of the owner; and all the minerals which shall be thus found and extracted shall be divided as follows: First, there shall be delivered and paid therefrom to the person who extracted the mineral, all expenses of excavating and extracting; and of the remainder, the said expenses having been deducted, the third part shall belong to the person extracting the mineral, and the other two parts to ourselves.

LAW 3

DECREE OF KING PHILIP II OF SPAIN AT VALLADOLID. PROMULGATED JANUARY 10TH, 1559. ABSTRACTED AND PUT INTO MODERN LEGAL FORM

WHEREAS, it is very well known that great benefit to our royal patrimony and to our subjects and citizens has, at times in the past, resulted from the discovery and working of mines of gold, silver, quicksilver and other metals, in which we are informed these kingdoms are very rich; and:

WHEREAS, by the law which was promulgated by King Juan I in 1383, the right was granted to all persons to explore for and work all the minerals in this kingdom, and:

WHEREAS, experience has shown that very few mines have been or are likely to be discovered and operated under its provisions, and:

WHEREAS, it is said that there are persons who have knowledge of the existence of rich mines but will not make known their location because they are in regions that have been granted to noblemen, bishoprics, archbishoprics and provinces, by

which process almost the whole public domain has been alienated, and:

we, our

WHEREAS, these grantees just mentioned were given exclusive exploring and working privileges, and now display little or no inclination to exercise the same or allow others to, so that subjects and citizens are deriving no benefits therefrom, and: WHEREAS, others will not engage in mining on these grants, although, by the decree of King Juan the division of profits was arranged, yet the law is so ancient and has been so little used that men of means hesitate to risk their money on the strength of it; besides which, many questions have arisen under it which have never been judicially decided:

Now, therefore, to clear up all these difficulties, and to make the investment of capital in mining an occupation as free as possible from legal hazard and other vexations; and having conferred with the members of our Council on the subject, it has been decided to promulgate the following decree.

First. We declare void and resume in ourselves the titles to all mines of gold, silver and quicksilver in this our kingdom, wherever situated, whether in public or private land, and notwith- " standing the grants heretofore by our ancestors or ourselves made, to anybody, or for any cause, doing so for the reason that said grants have been prejudicial to ourselves, and to our subjects and citizens. Provided however, that in such cases where mining operations in good faith are now in progress, this decree shall be without force and effect. However, in all other cases we propose to indemnify grantees for the nullification of their privileges herein decreed, after due examination of their title, and to such an extent as may seem just and reasonable under the circumstances.

Second. Inasmuch as this resumption in ourselves of our rights in these metals and minerals is not that we, or others in our name, may explore for, excavate and operate mines, but that our subjects and native citizens may have the opportunity to do so under fair conditions, and in all parts of our royal domain (paying proper damage to owners when upon privately owned land), and

may be relieved of all vexatious questions of title; and therefore, to all our said subjects and citizens who may hereafter discover and register claims on mineral deposits, in accordance with provisions hereinafter to be declared, full, free and exclusive right is hereby granted to operate without obstruction by ourselves or any other person, within the boundaries of the same, upon compliance with the regulations hereinafter to be declared, and so long as the royalty as heretofore arranged is promptly paid into our royal treasury.

PROVIDED however, that there be excepted from the provisions of this decree the mines of Guadalcanal and one league around them, and the mines which are already discovered within the limits of the Cazalla, Aracana and Galarocca districts, and a quarter of a league around each of them.

DIGEST OF THE SPANISH MINING LAW AT THIS DATE (1559)

Prospecting free.

Discovery of ore a requisite before a valid location could be made or recorded.

Record required (to be made in person before a Royal Notary, or in the Court having jurisdiction over the region in which the claim was located) within twenty days after making discovery. The act of recording or registering consisted in giving the name of the discoverer, the date of discovery, a reasonably good description of the situation of the claim, and a sample of the ore found. Size of claim allowable, about 275 feet along the vein, by 137 feet in width.

Within six months from date of record the claimant must sink a shaft 33 feet deep on the vein, after which work must be reasonably continuous in order to maintain title. Suspension of labor for four months continuously automatically constitutes forfeiture of all rights.

Royalty 66%% of net profits.

Decree of March 18th, 1563.

Promulgates a new scale of royalties, as follows:

Size of discovery claim placed at 330 by 165 feet.
Size of ordinary claim placed at 275 by 1371⁄2 feet.

The actual discovery of ore not necessary as a preliminary to the location of a claim alongside of another claim containing a vein dipping out of it, but the locator thereof must use all possible diligence in sinking his exploring shaft in which he expects to cut the vein, and while doing so will be protected in his rights.

The locator of a vein which is dipping out of his ground, having followed it to his side line and beyond into unoccupied territory, is permitted to locate a new claim alongside of the other to protect the vein, by virtue of the underground discovery so made.

Location of ground for another, by power of attorney, permitted. Also for a servant or employee, without power of attorney.

In the case of silver or gold recovered by the use of quicksilver, the amalgam must be brought to the Government refinery, and the distillation of the quicksilver effected in the presence of an official.

Mines in litigation not allowed to be kept inoperative for a period greater than 40 days. Within that time the Judge must reach a temporary decision on the basis of the evidence then placed before him, and must place the winning party in possession, allowing to the loser full rights of appeal, and of the presentation of further evidence, and imposing upon the temporary winner the obligation to keep accounts, and to retain all profits intact until final decision is reached.

Size of discoverer's gold claim (alluvial or quartz), placed at 1371⁄2 by 6834 feet, with the obligation to locate one of same size for the King alongside of his own, on which, however, the discoverer had a prior call for a lease.

Decree of August 10th, 1564.

Repeals all former laws so far as they may be in conflict with this one, and promulgates the following changed schedule of royalties.

For Silver.

Per cent.

On bars yielding 216 ounces or less per ton of 2000 pounds. 10
On bars yielding over 216 ounces and not over 576 ounces. 20
On bars yielding 576 ounces and not over 864 ounces...... 25
On bars yielding 864 ounces.

50

Registration made obligatory within ten days of the date of discovery.

Miners allowed to locate an unlimited number of claims, and with no obligation to reserve any for the King.

All discovery claims to measure 440 by 220 feet, and all others 330 by 165 feet.

Miners allowed free timber cutting rights on public lands, and also on private lands, but in the latter case coupled with the obligation to pay a reasonable price for the timber taken, according to appraisement by the local Judge. They were also granted all necessary rights of way over private lands, and reasonable grazing privileges on the same.

Free fishing and hunting privileges within three leagues of the mine or furnace granted, together with the right to utilize the water of streams for power purposes, provided that when such powers were used at places where the stream was passing through private lands the owners of the same should be fairly recompensed for the privilege.

Owners of furnaces who were able and desired to reduce therein ores from other mines, as well as their own, were allowed by the provisions of a special license to do so on condition that the ores were to be smelted separately, and that the ingots or bars of