Regulation of July 31st, 1849. Art 89. If an individual or an enterprise (empresa) shall desire to open adits or general galleries of investigation, they will petition therefor to the political Chief, accompanying their application with a topographical and geological map of the ground which it is proposed to cross; and, in case it is to cross pertenencias already granted, the consent in writing of the owners of these, which, according to Article 18 of the Law, is indispensable; consequently, when this requisite does not accompany the petitions, the matter will not be proceeded with. In other respects the expediente will pass through the same forms as are prescribed in Article 79 for concessions of authorization for the establishment of drainage and transportation galleries. SECTION THIRD. Of the workings (labores) of Mines. Art. 90. Mines requiring to be worked according to the rules of the art, as is prescribed in Article 21 of the Law, their owners are obliged to keep them clean, drained, ventilated and well secured, under the penalty of a fine of from 400 to 2,000 reales, and double that amount in case of repetition, and the payment, in all cases, of damages and injuries. Art. 91. In order that the preceding Article may be duly complied with, and for the observance of all the dispositions of Article 21 of the Law, and the Regulations of the branch, the engineers of Mines will exercise a direct vigilance over them, under the authority of the political Chief, and also under his authority and that of the civil Chiefs and Alcaldes in their respective cases, in all matters belonging to the branches of police, health, and security of the same. Regulation of July 31st, 1849. Art. 92. The local authority, in order to dictate any disposition on this subject, must hear the engineer, if there be one. But he may, on his own responsibility, act against the engineer's opinion, rendering immediately an account to the political Chief. The latter may do the same, in his case respectively, communicating it to the Minister of Commerce, Instruction and Public Works. Art. 93. An engineer will visit each Mine, at least once a year, in order to examine its condition, and the disposition and security of its works. The engineer who makes the visit will give to the owners of the Mines, or to those in charge, the instructions which he may consider expedient for the better direction of the workings (labores). He will state the defects which he notices, and the means of correcting them, bringing all to the knowledge of the political Chief, in order that he may oblige the owners of the Mines to execute these precautions, under the corresponding fines, in accordance with Article 21 of the Law, and within its limits. Art. 94. Each engineer will keep a book of visits, in which he will note all the visits which he shall make. Moreover, of each visit he shall write out and enter in the book which, for that purpose, the owner of the Mine or the person in charge shall keep, a record of his proceedings, (acta) stating therein the condition of the labores, the observations which he may have made on the same, and the instructions which he may give. The owner, or the person in charge of the Mine, will also sign the act (acta) in said books, in proof that the said instructions have been communicated to him. Art 95. The object of these duplicate books is to furnish evidence that the engineer (facultativo) and the Miner respectively perform their duties, for which purpose the Regulation of July 31st, 1849. political Chief may examine them whenever he shall deem it expedient. Art. 96. The engineer will commence his visit by examining whether the directions which he gave on his former visit have been complied with. The result of this examination will be stated in the acta and in the books of visit. If negligence or omission shall appear, he will immediately report it to the political Chief. He will then continue hist visit in the manner prescribed in the preceding Articles. Art. 97. In the reducing offices he cannot inspect the secret of the process employed; but if the owners or those in charge shall ask the intervention of the engineer, he will give the instructions which he shall deem expedient. The public authority and its agents shall not intervene in these establishments, except for approved causes of health or public order, under their responsibility. Art. 98. Besides the annual visits, those which may be necessary will be made at any time, with the same formalities, whenever the engineer shall deem it expedient, or whenever the political chief, in virtue of his office or on petition of a party, shall direct. CHAPTER VII. Of cases of forfeiture of the property of Mines. SECTION FIRST. Of the abandonment of a Mine. Art. 99. It being the duty of the grantee of a Mine to return it to the State without deterioration, when he does Regulation of July 31st, 1849. not find it expedient to continue working it, the following dispositions for the abandonment will be observed: 1st, The person interested will give notice thereof to the political Chief, 15 days beforehand, by means of a petition, stating his motives for the abandonment. He will state therein whether he has taken care to close up all the mouths of the Mine, except the entrance, and will accompany it with a map of the interior of the Mine. 2d, The political Chief will, without delay, acknowledge the receipt of this notice, for the security of the party interested. 3d, He will then direct an engineer to immediately examine the Mine, and report on the correctness of the map, and on the acts which are stated in the first paragraph. 4th, If it result that these have not been done, the necessary works will be executed at the expense of the Mine-worker, if, by his fault, the abandonment has become necessary. At the expense of the same, the entrance to the Mine will also be closed up. 5th; The political Chief will then direct that the abandonment be announced in the Boletin Oficial, in order that any other company (empresa) or individual may petition for the property. Art. 100. The owner of a Mine who suspends the works with the intention of abandoning it, without complying with the requisites of previous notice, incurs, according to Article 23 of the law, a fine of from 400 to 2,000 reales, and he shall be responsible for all damages and injuries which the suspension of the works may cause to the said Mining pertenencias, or to a third party, and for the taxes which may become due until the abandonment is legally declared. Art. 101. As soon as the abandonment of a Mine or reducing office, or of a pertenencia of a slag-heap, without the requisite of previous notice having been complied with, comes, through the report of an engineer, or any authority or functionary, or by denouncement of a party, or by any Regulation of July 31st, 1849. other means, to the knowledge of the political Chief, he will direct to be made the examination prescribed in the third paragraph of Article 99, and on the report which the engineer shall give, he will make the official declaration of the abandonment, requiring of him who abandoned the Mine the responsibility prescribed in the fourth paragraph of said Article 99. In case the party interested shall deny the abandonment, the expediente will be continued by the proceedings (tramites) which are prescribed for those of termination (caducidad) of Mining pertenencias. SECTION SECOND. Of Denouncements. Art. 102. When a grantee of Mines shall come within any one of the five cases, mentioned in Article 24 of the Law, in which the right to a Mine is forfeited (se pierde), the political Chief, either by virtue of his office or by denouncement of a party, will make declaration of the termination (caducidad) of the grant, by the proceedings prescribed in Article 20 of the Regulation. Art. 103. When a denouncement of a pertenencia is presented, in addition to the aforesaid proceedings, the following shall be observed: 1st, In the writing of denouncement there shall be stated the name and situation of the Mine, the name and residence of its owners, and whichever of the cases, mentioned in Article 24 of the Law this one may happen to be, all in accordance with Form No. 11. 2d, Note shall be taken of the registry, and the certificate (resguardo), prescribed in Article 8, shall be given. 3d, A copy of the writing of denouncement shall be communicated, by administrative notification, to the grantee of the Mine, in order that he may allege what he shall deem |