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OF

SPANISH AND MEXICAN LAW,

IK RELATION TO

MINES, AND TITLES TO REAL ESTATE,

IN FORCE IN

CALIFORNIA, TEXAS AND NEW MEXICO;

AND IK THE TERRITORIES ACQUIRED UNDER THE LOUISIANA AND FLORIDA
TREATIES, WHEN ANNEXED TO THE UNITED STATES.

VOLUME I.

CONTAINING A TRANSLATION OF THE MINING ORDINANC^ OF NEW 8PAIN— O AMBOA'S MIN-
ING ORDINANCES—THE LAWS IN RELATION TO MINES OF GOLD, SILVER AND
QUICKSILVER, CONTAINED IN THE

"NOVISLMA RECOPLLACION," AND THE "RECOPLUCION LE US 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, EXTRACTS 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.

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

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CONTEXTS.

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Of the Tribunal General of the Miners of New Spain.

Section

1. Its Title. ....

2. Of the Persons to compose it . . .28

3. Of their qualifications . ... ib.

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

offices ..... il>.

5. Of their election . . . . . ib.

6. Of Mine towns having a vote at such election . . .29

7. Of cities and towns having votes .... ib.

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

and deputies general . . . . ib.

9. Of persons lo preside over and regulate the general meetings of electors 30

10. Of re-election to such offices . . . . ib.

11. Of the obi igation to discharge such offices . . . ib.

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

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

14. Of the factor, assessor, and secretary of the Tribunal . . 31

15. Of the advisers (contultoret) of the Tribunal . . . ib.

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

Tribunal . . . . . ib.

17. Of the permission of the viceroy . . . . ib.

18. Of fiscal and promoter of the Miners . . .32

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

20. Of persons representing the Tribunal at Court . . . ib.

21. Of the minute book of the Tribunal . . ib.

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

23. Of the inventories to be drawn up at the elections . . 33

24. Of the secretary of the Tribunal . . . ib.

25. Of the chief and second official of the Tribunal . . ib.

26. Of its messengers . . . • ib.

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

the Mining Districts . . . . ib.

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

CHAPTER II.

Of the Judges and Deputies of the Mining Districts.

1. Who to be Judges . . . .34

Section P»g«

2. Who to be enrolled as Miners . .34

8. Of the election of deputies . . . . ib.

4. Votes of Miners thus enrolled . . . . ib.

5. Of choosing the electors in some places . . . ib.

6. Of administrators voting for their principals . . .35

7. Who to preside at and regulate such elections . . . ib.

8. Territorial deputations—number of deputies composing them—mode of

their appointment . . . . ib.

9. Of the substitutes for the territorial deputies . . . ib.

10. Of recorders (procuradores sindicos) . . .36

11. Of the obligation to discharge the office of deputy . . ib.

12. Of re-election to such offices . . . . ib.

13. Of the powers conferred on the deputies by the electors; of the oaths

to be taken by both parties . . . . ib.

14. Of the account of the election to be transmitted to the Tribunal . ib.

15. Of the mode of paying the territorial deputies, inspectors, and survey

ors of Mines . . . .37

16. Of the report of the deputations upon the condition of the Mines, to

be addressed to the Tribunal . . fli.

CHAPTER m.

Of Juritdiction in Mining Causes.

1. Administrative jurisdiction of the Tribunal General . 37

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

within twenty-five leagues of Mexico . . .38

3. Administrative jurisdiction of the territorial deputations . ib.

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

dently of the Tribunal General . . . ib.

5. When proceedings to be had verbally . . .39

6. Of summary judgments in causes in the first instance, and also in ap

peals . . . . ib.

7. Of appeals; in what cases admissible . . . ib.

8. Of signing decrees and judgments . . .40

9. When the Territorial Deputies may act separately, and what to be done

in causes where they disagree . . . ib.

10. Of references to lawyers . . . ib.

11. Of reports of the proceedings in causes . . . ib.

12. Of the execution of the sentences of the Tribunal, and of the Deputa

tions ... .41

13. Of appeals, and the persons who are to compose the Courts of Appeal ib.

14. Of proceedings therein . . . .42

15. Of the time for entering appeals, and the mode of so doing . . ib.

16. When the sentences of Appeal Courts to be final . ib.

17. Appeals from the first sentences of the Appeal Courts—by whom to be

tried . . . . . ib.

18. Of the application to the King, in his Council of the Indies . 43

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

20. Of causes relating to possession and property . . ib.

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

to be suspended . . . . ib.

22. Of executive demands . . .44

23. Of executions in Mines or reducing establishments . . ib. 4. Of Mines given up under an execution, when liable to denouncement. ib.

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