A Collection of Mining Laws of Spain and Mexico

Spain

O'Meara & Painter, 1859 - Law - 649 pages

Contents

• PAGE: xli
• PARTIDA III TITLE XXVIII Law XI: 3
• Resumption and incorporation into the Crown and Patrimony: 6
• Form of proceedings to be observed in the registering of a Mine: 12
• If it yield over six marks: 18
• Limits assigned to certain specified Mines: 21
• Mines to be staked out in the order of their registries: 27
• Obligation to sink trialpits to the prescribed depth penalty: 33
• In case a Mine be flooded by water from another Mine inspec: 39
• Right of Miners to use timber and fuel from the forests for their: 45
• Trusty and Notary of RefiningHouses their duties and obliga: 48
• Proceedings in suits to determine title: 55
• August 10th 1564: 61
• BOOK VI TITLE XIII LAW IX RECOPILACION DE CASTILLA: 69
• General permission to search for Mines in all places except those: 75
• Pertenencias of a Mine must always include the fixed stake: 82
• Proceedings in case the Mine so denounced shall not appear: 90
• Proceeding in case of denouncement of a Mine for not being: 91
• Penalty for entering on and taking ore from the rubbish and slag: 96
• Appointment duties and pay of refiners penalty for refining: 102
• Provisions with respect to poorlead and copper: 106
• Other cases where officers are so prohibited penalties attached: 112
• Liberty to carry provisions and supplies to Mines: 119
• Change in the Ordinances with respect to smelting and refining: 125
• How far a steward may act in the absence of his master: 127
• Discoverers of Mines must take an oath to render an account: 131
• If they are imprisoned for debt it must be in the Real or Asiento: 142
• BOOK VI TITLE III: 148
• cution 210: 149
• May be distributed to Lessees of Mines but not to be employed: 153
• Indians to be induced to settle near quicksilver Mines: 159
• Respecting the transportation of copper from Terra Firma: 165
• Flasks to contain one quintal and no more: 171
• July 5th 1718: 177
• If those interested in coal Mines discover metalic veins they may denounce them: 182
• and 5 Exemption of coal from export and excise duty in certain cases and also from municipal and special duties: 183
• Right to use timber from forests c: 184
• Appointment commissions and jurisdiction of Conservator Judges in these Mines: 185
• Royal protection and aid in working coal Mines Art 14 Right herein conceded is forfeited by neglect to work coal Mines: 186
• PART III: 187
• May 22d 1783: 189
• Of the Tribunal General of Mining in New Spain Art 1 Title of the Tribunal and respect due to it: 193
• Present Administrator and Director Generals to hold their offices for life: 194
• Number of votes to which each is entitled: 195
• Presidency of the Junta General of electors time of holding the election manner of voting who declares the result: 196
• Appointments and removals of the Factor Assessor and Notary of the Royal Tribunal: 197
• Reports to be made to the Junta General: 198
• Agent of the Royal Tribunal at Madrid: 199
• Inventory and examination of the Archives and the papers of the Notary: 200
• Oath to be taken by the officers and servants of the Royal Tri bunal: 201
• Who qualified to vote at their elections: 202
• Causes and disputes between parties to be decided briefly: 208
• In cases which involve over 400 appeals are to be admitted organization of Courts of Appeal: 211
• Proceedings on appeal: 212
• When first decisions on appeal are final: 213
• Judgments on appeal how given and signed: 214
• Mode of proceeding in executive demands: 215
• Of assignments of Mines to creditors: 216
• Of restitution of full term: 217
• Of appeals in criminal matters: 218
• Sessions of the Tribunal when held: 219
• Royal approval required for all endowments and salaries: 220
• Number of Members of the Royal Tribunal required to be present to act in contentious matters how vacancies in the Deputations Tribunal and Courts...: 221
• False reports respecting abandoned Mines: 225
• When the denouncer loses his right to the Mine he has: 227
• Mines granted to all native subjects of Spain and the Indies: 231
• Of fixed stakes and bounds how established and when they may be renewed or changed: 236
• Where the workings of one Mine extend within the pertenencia of another: 237
• If the Miner should follow the ore into vacant land outside of his pertenencias: 238
• Of the manner in which Mines ought to be worked secured and protected Art 1 Reasons why rules are necessary for the working and security of Mines: 239
• It is obligatory to employ intelligent and practical experts to examine Mines qualifications of experts: 240
• Examinations of professional liners: 241
• Mines to be kept clean and unobstructed and proper arrangements made for ventilation and communication: 242
• Precautions to be observed to prevent adits and lower workings from being inundated by waters in those above: 243
• When such forfeiture is incurred: 244
• Notice required to be given of an intention to abandon the work ing of a Mine: 245
• Of Mines which require draining: 246
• Of Mines worked in partnership: 252
• If he refuse to contribute to the expenses of deadworks: 254
• Sale of an interest in a Mine after appraisement cannot be rescinded for lesion: 255
• Manner of Keeping the laborrolls of the operatives: 256
• Of tasks and jobwork of operatives: 257
• Of operatives working on shares or partly on shares and partly on wages: 258
• Of the division of the metal produced by task or share work: 259
• Of Idlers and vagabonds about Mines: 260
• Of Indians of abandoned Haciendas: 261
• If an operative contract a debt in one Mine and engage to work in another: 262
• Imprisonment of operatives in Mines for debts aud other causes: 263
• Supply of drinking water in Mining establishments: 264
• Free passage of such animals through public and private lands: 265
• Deputations to visit and examine the sources of the water used in Mining establishments: 266
• Repairs and security of public roads to Mines: 267
• Of private roads to Mines and Haciendas: 268
• Of the cutters and carriers of timber for the use of Mines: 269
• Prices of articles of necessity in the Mines to be regulated by the Judges and Deputies: 270
• Dispositions to prevent the forestalling of the market by pur chasing provisions c on the road: 271
• Regulations for the purchase of ores: 272
• Millers can only charge costprice of quicksilver: 273
• Payment of expenses of reduction: 274
• Owners of the ore may be present in person or by proxy at the reduction of their ores: 275
• Of Suppliers of Mines and Dealers in bullion: 276
• Contract of supply by premium on bullion: 277
• Liability of the Miner and Mine for the supplies advanced under different circumstances: 278
• If the silver received for such supplies have a ley of gold or the gold a ley of silver the amounts must be credited to the owner of the Mines or ores: 279
• Of scales und weights for silver and gold: 280
• Manner of testing bullion and amalgums of gold and silver: 281
• Penalty for diverting to other purposes the capital supplied for working Mines: 282
• Of the Fund and Bank of supplies of Mines Art 1 Formation of the endowment fund of Mining: 283
• Its administration collection and custody: 284
• Annual accounts of money and goods to be taken: 285
• Payments to be made by the Factor and accounts to be kept by him: 286
• Of applications for supplies from the Bank: 287
• Inspectors appointed by the Bank in Mines which it supplies: 288
• Examinations for professorships: 297
• Attachment of Mines for debts: 303
• Indians of Mita not to be assigned to any one not an owner: 304
• January 15th 1784: 311
• Decree prohibiting the exportation of bullion in the form of toys c in fraud: 315
• February 7th 1786: 323
• On the powers and duties of Intendants with respect to Mines and Mining: 327
• July 18th 1789: 333
• Manner of holding the elections qualifications of the candidates term of office of the DeputiesGeneral and manner of filling a va cancy 195: 339
• October 19th 1790: 342
• August 24th 1792: 348
• Explanations additions and modifications of the Mining Ordinances with respect: 352
• June 17th 1786: 358
• August 5th 1793: 360
• November 17th 1796: 368
• February 12th 1797: 369
• MEXICAN ORDENANZAS DE MINERIA: 371
• April 27th 1801: 375
• Miners exempted from Militia duty: 380
• January 13th 1812: 387
• LAWS DECREES ORDERS C FROM 1821 TO 1853: 397
• MEXICAN ORDENANZAS DE MINERIA: 403
• Quicksilver to be admitted from whatsoever source: 405
• Funds how to be distributed: 411
• September 15th 1829: 414
• May 12th 1838: 421
• Acquisition of urban and country property by foreigners: 427
• October 26th 1842: 433
• Regulations of the Junta of Encouragement and Administration of Mining: 435
• When the causes are ready for decision the Notaries will submit: 440
• Of the administration of justice in matters of Mining: 441
• Mining Junta authorized to contract a loan of 2000000 for the purchase: 447
• Patent to Joaquin Martinez for exclusive use of his apparatus for distilling: 451
• July 11th 1843: 457
• Respecting the payment of the premium for quicksilver extracted from Mines: 460
• Certain sum to be applied to the College: 466
• December 26th 1843: 474
• April 30th 1844: 483
• Of contracts of supply and penalties for a breach of such con tracts 276: 484
• June 1st 1853: 489
• July 30th 1853: 495
• APPENDIX No 1: 505
• Of the workings of Mines and their enjoyment: 511
• Tribunals which are to have cognizance of matters connected: 517
• Of the objects of Mining and of Mineral productions which: 525
• Of the exploration of Mines: 531
• Of the concession of Mines: 537
• Of the working and enjoyment of Mines: 555
• Of the forfeiture and denouncement of Mines: 562
• Special and transitory dispositions: 568
• If one shareholder refuse to pay his part of the expenses of work: 575
• APPENDIX No II: 589
• October 7th 1786: 593
• Of words and terms used in the Spanish and Mexican Mining Laws: 625

Popular passages

Page 420 - Slavery, The President of the United Mexican States, to the inhabitants of the Republic — Be it known: That...‎

Page 234 - This being one of the greatest and most frequent causes of litigation and dissension among the miners, and considering that the limits established in the mines of these kingdoms, and by which those of New Spain have been hitherto regulated, are very •confined in proportion to the abundance, multitude, and richness of the metallic veins which it has...‎

Page 230 - I also grant, that any one may discover, petition for, register, and denounce in the prescribed form, not only Mines of gold and silver, but also those of precious stones, copper, lead, tin, quicksilver, antimony, zinc, bismuth, rock salt, and any other fossils, whether perfect metals or half-minerals, bitumen or mineral tar...‎

Page 416 - His Excellency the President pro tern, of the Mexican United States to the Inhabitants of the Republic. Know ye, that the General Congress has decreed the following : "ART. 1. The...‎

Page 450 - Know, that, desirous of protecting national industry, giving occupation and means of subsistence to the nendy classes, and availing of the many elements which abound in the territory of the Republic, in virtue of the faculties conceded me by the seventh of the bases adopted in...‎

Page 70 - ... whatsoever, even though foreigners to these our kingdoms, who may work or discover any mines of silver already discovered, or to be discovered, we will and command that they shall have them, and that they shall be their property in possession and ownership, and that they may do with them as with anything...‎

Page 4 - Scignory, shall belong to us ; therefore, no one shall presume to work them without our special license and command ; and also the salt springs, basins and wells, which are for making salt, shall belong to us...‎

Page 472 - His Excellency, the President ad interim of the Republic, has been pleased to address to me the following decree : — The citizen Benito Juarez, Constitutional President ad interim of the United Mexican States, to the inhabitants of the same maketli known : That the sovereign Congress of the Union has thought proper to decree the following : ARTICLE 1.‎

Page 581 - VII. by the grace of God, and the Constitution of the Spanish monarchy, King of the Spains, and in his absence and captivity, the Regency of the kingdom, appointed bythe general and extraordinary Cortes...‎

Page 385 - ... of all duties, even including the duty of the fifth, or the proportion - which the miner is bound to pay;'' and annulled "all dispositions which opposed free trade in said mineral, and the security of absolute and perpetual ownership (dominio absolute y perpetuo) of the miner; provided, that in managing and working them, he observe the general rules established on the subject.‎

Bibliographic information

• Title: A Collection of Mining Laws of Spain and Mexico
• Author: Spain
• Translated by: Henry Wager Halleck
• Contributors: New Spain, Mexico
• Publisher: O'Meara & Painter, 1859
• ISBN: 0598922210, 9780598922212
• Length: 649 pages
• Subjects: Law / International