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SPANISH AND MEXICAN LAW,

IN RELATION TO

MINES, AND TITLES TO REAL ESTATE,

IN FORCE IN

CALIFORNIA, TEXAS AND NEW MEXICO;

AND IN THE TERRITORIES ACQUIRED UNDER TIE LOUISIANA AND FLORIDA

TREATIES, WHEN ANNEXED TO THE UNITED STATES.

VOLUME I.

CONTAINING A TRANSLATION OF THE MINING ORDINANCES OF NEW SPAIN-GAMBOA'S MIN. -
ING ORDINANCES-THE LAWS IN RELATION TO MINES OF GOLD, SILVER AND

QUICKSILVER, CONTAINED IN THE

" NOVISIMA RECOPILACION,” AND THE “RECOPILACION DE LAS INDIAS;"

AND IN THE DECREES OF THE CORTES OF SPAIN AND OF FERDINAND VII.,
ALSO OF THE LAWS AND DECREES OF MEXICO, ON THE SUBJECT
OF MINES, COLONIZATION, AND THE RIGHT OF FOREIGN-

ERS TO HOLD REAL ESTATE.

ALSO, EXTRAOTS FROM PUBLIC DOCUMENTS, AND FROM THE LAWS OF CALIFOR-

NIA, IN RELATION TO MINES AND MINERAL LANDS:

TOGETHER WITH
A DIGEST OF THE COMMON LAW, ON THE SUBJECT OF

MINES AND MINING.

BY JOHN A. ROCKWELL,

COUNSELLOR AT LAW.

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NEW-YORK:
JOHN S. VOORHIES, LAW BOOKSELLER AND PUBLISHER.

1851.

Entered, according to the Act of Congress, in the Year Eighteen Hundred and Fifty-One,

BY JOHN A. ROCKWELL, In the Clerk's Office of the District Court of the Southern District of New York.

205478

CONTENTS.

PREFACE..

Page 7
ROYAL ORDINANCES FOR THE DIRECTION, REGULATION AND GOVERNMENT

OF THE IMPORTANT BODY OF MINERS OX NEW SPAIN, AND OF ITS ROY-
AL TRIBUNAL GENERAL.

I.

CHAPTER C.

Of the Tribunal General of the Miners of New Spain.

Section

1. Its Title.

2. Of the Persons to compose it

3. Of their qualifications

4. Of the first administrator and director-general, and the duration of their

offices

5. Of their election .

6. Of Mine towns having a vote at such election.

7. Of cities and towns baving votes.

8. Of scrutinies--of the qualifications of persons to be elected administrators

and deputies general

9. Of persons to preside over and regulate the general meetings of electors

10. Of re-election to such offices

11. Of the obligation to discharge such offices

12. How to proceed in case of an occasional vacancy in such offices

13. Of the duration of the offices of future administrators and directors general

14. Of the factor, assessor, and secretary of the Tribunal

15. Of the advisers (consultores) of the Tribunal .

16. Statement of the concerns of the body of Miners to be laid before the

Tribunal

17. Of the permission of the viceroy.

18. Of fiscal and promoter of the Miners

19. Of communications to be made to the King by the Tribunal .

20. Of persons representing the Tribunal at Court .

21. Of the minute book of the Tribunal

22. Of papers, orders, &c. to be preserved in the archives of the Tribunal

23. Of the inventories to be drawn up at the elections

24. Of the secretary of the Tribunal

25. Of the chief and second official of the Tribunal

26. Of its messengers

27. Of the table of fees to be received by persons employed in Mexico and in

the Mining Districts.

28. Of the oath to be taken by persons filling the offices of the Tribunal .

CHAPTER II.

Of the Judges and Deputies of the Mining Districts.
1. Who to be Judges

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Of Jurisdiction in Mining Causes.

1. Administrative jurisdiction of the Tribunal General

2. The Tribunal General to take cognizance of causes relating to Mines,

within twenty-five leagues of Mexico

3. Administrative jurisdiction of the territorial deputations .

4. The territorial deputations to proceed in causes relating to Mines, indepen-

dently of the Tribunal General

5. When proceedings to be had verbally
6. Of summary judgments in causes in the first instance, and also in ap-

peals
7. Of appeals ; in what cases admissible
8. Of signing decrees and judgments
9. When the Territorial Deputies may act separately, and what to be done

in causes where they disagree
10. Of references to lawyers
11. Of reports of the proceedings in causes
12. Of the execution of the sentences of the Tribunal, and of the Deputa-

tions
13. Of appeals, and the persons who are to compose the Courts of Appeal
14. Of proceedings therein
15. Of the time for entering appeals, and the mode of so doing.
16. When the sentences of Appeal Courts to be final
17. Appeals from the first sentences of the Appeal Courts—by whom to be

tried

18. Of the application to the King, in his Council of the Indies

19. Sentence in appeal causes, by what votes to be regulated; by whom signed

20. Of causes relating to possession and property

21. When an interventor to be appointed ; and when the working of a Mine

to be suspended

22. Of executive demands

23. Of executions in Mines or reducing establishments

4. Of Mines given up under an execution, when liable to denouncement.

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