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Mm in a way very detrimental to the general interests of all those who have collieries to dispose of, through the intervention of this Court, (a)
VI. In a case of alum works, there was a covenant by the lessee, to leave stock of a certain amount upon the premises. There was a fair ground of suspicion, that he did not mean to perform this covenant. Lord Eldon decided, that, though there might be compensation in damages, there was a reference to that sort of enjoyment for which the landlord had stipulated after the expiration of the term, and he decreed, by way of quia timet, the performance of the covenant. This decision was afterwards confirmed in the House of Lords, (i)
A Court of Equity will also, in certain cases, appoint a receiver or manager. (c)
It has been decided, that the Irish Statute, 11 and 12 George II. c. 10, does not authorize the appointment of a receiver over mines in the possession of the respondent; and that the Court will not order, upon a mortgage petition, the letting of any property which was not producing rent at the time when the receiver was appointed. (cZ)
A Bill in Equity may be brought for determining questions of disputed bonndaries in mining fields, (e)
(a) Ibid. (4) Ward v. Duke of Buckingham, cited 10 Vea. 161.
(c) Jeffcrys v. Smith, 1 Jac. and W. 298. Norway v, Rowe, 19 Ves. 144. Rowe v. Wood, S Jac . and W. 556. *
(d) Frere r. The Hibernian Mining Comp. 2 Hog. 30. («) Sayer v. Pierce, 1 Ves. Sen. 232.
SUPREME GOVERNMENT OF MEXICO,
Extracted from the Printed Votumes, Pubiished by Authority, to and inctuding the Tear 1838, and
22d November, 1821.
Reduction of the duties on Silver.
The Sovereign Provincial Governing Committee of the Mexican Empire having taken into consideration the deplorable and decaying condition of the mining business and the urgent necessity there is for extending to this important branch, whatever remedies lie within its power, that may contribute to its greater prosperity, have deemed it proper to decree and do decree:
1. That the duties of one per centum, tythe, and the seigniory tax of one real be abolished.
2. That the duty of of 8 maravedises on 'each marc of silver which is now collected on the refining of bullion, which may be subjected to such operation, be likewise abolished.
3. That the duty of 26 maravadlses imposed upon every marc ofmixed bullion which is now recovered by reason of the loss or waste of silver in the smelting rooms be also abolished.
4. That the duty of four eighths on the coined price of silver and of a half an eighth on the coined price of gold which is now collected, under the name of bocado in the Mint, be likewise abolished.
5. All the duties which were imposed on bullion of gold or silver and on coin, during the period of the revolution are equally abolished.
6. As an only contribution, there shall be recovered a duty of 3 per cent. on the true value of silver, and the same upon gold, this tax being collected in the same manner as was formerly the tax of one per cent. and the tythe.
7. In the Mint established at the capitol there shall only be collected two reals on each marc of silver, and the same on each marc of gold, as the entire cost of coining the metals; and ai the other Mints of the kingdom, inasmuch as they are but newly established, a calculation of the expense shall be made which shall be the rule for the first year, at which time this calculation being corrected by an examination of the accounts of expenditures, this corrected calculation shall govern for the following second year.
8. There shall not be levied for costs of smelting more than two reals on the marc of mixed bullion, in place of the five and a half reals heretofore exacted and all the bullion brought to the smelting rooms shall be smelted for the introducers of it, if according to its quality said bullion will pay the expense of the operation. The owners of mixed silver are at liberty to perform this operation by themselves whenever it may be most convenient for them.
9. On assays for strangers, there shall only be collected the real costs of the operations of assaying and those of fusion, in the coined pieces which require it. Suppressing the duty of bocado.
10. The payment of the only contribution as designated in Art. 6. on bullion of gold and silver having been made at the National Treasury and the stamps to show the payment placed upon the pieces of these metals, the owners are at liberty to sell them or employ them in any uses they may desire, without any official designation of value whatever.
11. Six grains weight of deficient shall only be allowed in the Mint in place of the 18 now allowed.
12. In future the scientific offices of the Mint and Smelting Rooms shall be given to persons who possess the necessary knowledge of Natural Philosophy, Chemistry and Mineralogy to discharge the duties of them.
13. Quicksilver (in caldo) liquid shall be entirely exempt from tar, whether it proceeds from Europe or Asia, or be drawn from the mines of the Empire.
14. The powder which the miners require in working the mines, the government shall deliver to them at prime cost.
18th February, 1822.
Prescribing the grain of deficiency in weight, which are allowed in Silver
The sovereign, Provisional, Governing Committee, which from the first moments of its installation took under consideration the deplorable and decaying condition of the mining business, and the urgent necessity of affording to this branch of industry whatever means were in its power, in order to contribute to its greater prosperity, on which depends that of the Empire, having deliberately considered the exposition made to it by the Regency in con
sequence of the resolution taken on the 22d of November last, and of the opinion which the commission on mining rendered on this important question, in the exercise of its powers, and in conformity with the provision of Article 11th, Chapter xith, regulating it, has determined to decree, and does decree: "There shall only be allowed eight and a half grains of deficient weight in silver coin, in place of tho eighteen which have heretofore been allowed."
29th October, 1823.
Exemption from the duty of ten per cent, on specie funds remitted to the mining
The Sovereign Congress of Mexico have decreed as follows: Specie funds destined for the mining villages, with a custom house permit, shall be free from the payment of the two per cent, duty ; the proper officers taking care to require a corresponding return from it in conformity to the disposition made of the same.
13th February, 1824.
Concerning the importation of Quicksilver.
The Sovereign Constituent Congress have thought proper to decree: That quicksilver arriving at our ports shall, without regard to its origin, or the place of shipment, be admitted, in whatever quantities the samo has arrived or shall arrive under a friendly or neutral flag; provided that this shall not effect the decision of any causes now pending for the forfeiture of the article.
24th Jnly, 1824.
Permission to Don Juan Bautista Binnnn, to work Quicksilver mines.
The Sovereign Mexican Congress of the United Mexican States having taken with consideration the application of D. Juan Bantista Einnon, relative to granting him the privilege of working quicksilver mines, have thought proper to decree:
1. The exclusive privilege is hereby granted to the said Binn6n for the period of five years, to work the quicksilver mines in the territory of the republic, he conforming in all respects to the mining ordinances.
2. This privilege, in accordance with the request of the person interested,
shall commence two years from the date of this decree, which shall be held without prejudice to those who in the meantimo shall acquire mines of the same article, and those who now hold those previously acquired.
3. In like manner permission is given to him to erect at his own expense three factories for the working the minerals of quicksilver in those places where he may have discovered the mines.
4. If at the expiration of the term named in the second article the said Binnon shall not have commenced work with the utensils which he proposes, at that date all the privileges named in this law shall terminate.
5. The expenditure for labor in the quicksilver mines which said Binnon shall work, it shall be his duty to maintain at a weeklv average of not leas than two hundred dollars.
6. The quicksilver which said Binn6n shall extract from said mines shall not be sold by him at more than forty dollars per quintal.
7. Whenever the establishments of the contractor shall produce all the quicksilver necessary for the consumption of the mining operations of the republic, and shall prove the same to the satisfaction of the government, the introduction of foreign quicksilver shall be prohibited.
8. If in addition to what may be necessary for the consumption of the said mining operations, and a reserved stock of one quarter more, which it is the duty of said Binnon to keep, he shall have accumulated any surplus, he shall be at liberty to export the same from the republic, free of duty.
9. The privilege of cutting the wood which may be necessary in the establishment, for the reduction of the quicksilver, is hereby granted, he complying with all the regulations which govern that subject.
10. The nation, at the expiration of the term of the grant, receives a transfer which the said Binnon hereby makes of the business, and the several factories connected with the same.
May 20th, 1826.
The suppressing of the Tribunal of the Miners.
1. The tribunal general of the miners according to the constitution, shall cease to exist in so far as relates to the administration of justice with which it was charged.
2. Its functions shall also cease so far as relates to the executive, economical and administrative attributes which characterised its institution and laws.
3. The late tribunal shall immediately proceed to liquidate within such period as the government shall designate, not exceeding two months, the accounts of the funds which have been placed in their possession.
4. The general meeting of the miners shall select an individual who, with