H! lUnl
*' ! r* -W
5?
-'- i
<?"
COMPENDIUM
l-lio
OF THE
LAWS OF MEXICO
OFFICIALLY AUTHORIZED BY THE MEXICAN GOVERNMENT
CONTAINING THE FEDERAL CONSTITUTION, WITH ALL
AMENDMENTS, AND A THOROUGH ABRIDGMENT OF
ALL THE CODES AND SPECIAL LAWS OF IMPORT-
ANCE TO FOREIGNERS CONCERNED WITH BUSI-
NESS IN THE REPUBLIC. ALL ACCURATELY
TRANSLATED INTO ENGLISH. AN EXTEN-
SIVE COLLECTION OF FORMS BOTH IN
SPANISH AND ENGLISH. A MINUTE
INDEX OF ALL MATTER CON-
TAINED IN THE TEXT
BY
JOSEPH WHELESS
OF THE ST. LOUIS, MISSOURI, BAR
Member of the St. Louis, the Missouri and the American Bar Associations ; Counsel of
the Consulate of Italy in St. Louis; Associate Editor of the Bulletin of the Com-
parative Law Bureau of the American Bar Association, and one of the Revisers
of the Government Translations of the Spanish Codes for Cuba and the
Philippines ; Member of the American Society of International Law ;
Correspondent of the Institute Ibero-Americano de Derecho
Positive Comparado, of Madrid, Spain
OFFICES IN ST. LOUIS AND THE CITY OF MEXICO, D. F.
(MEXICO) 2A SAN JUAN DE LETRAN, No. 29
ST. Louis, Mo., SUITE 907 CARLETON BLDG.
VOL. 2
ST. LOUIS
THE F. H. THOMAS LAW BOOK CO,
1910
d.
Copyright 1910
BY JOSEPH WIIELESS.
All RigJtls Reserved.
La propiedad litoraria pertcnccc al autor, inclusive el
dcrccho de traduccion, quedando hecho el deposito quo
proviene la Ley. Julio de 1910.
FOREIGNERS AND NATURALIZATION. 523
BOOK XII.
FOREIGNERS, NATURALIZATION AND
COLONIZATION.
TITLE I.
LAW OF FOREIGNERS AND NATURALIZATION.
(Ley de Extranjcria y Naturalization, de 28 Mayo, 188G.)
CHAPTER 1.
MEXICANS AND FOREIGNERS.
Art. 822. Mexicans Who Are.
823. Foreigners Who Are.
824. Diplomatic and Seaborn Persons Corporations.
Art. 822. Mexicans Who Are. Mexicans are: 1, Those
born within the national territory of Mexican father either
by birth or naturalization ; 2, those born within such territory,
of a Mexican mother and of a father not legally known
according to law or born of parents unknown or of unknown
nationality; 3, those born without the Republic of a Mexican
father who has not lost his nationality; if lost, his children
will be regarded as foreigners, but they may adopt Mexican
nationality within one year after they become 21 years of
age, upon making the requisite declaration before the Mex-
ican diplomatic or consular agent, if they reside out of the
country, or before the Department of Foreign Affairs, if
they reside in it. If such children reside in the country, and
upon becoming of age accept any public employment, or
524 COMPENDIUM OF MEXICAN LAW.
serve in the army, navy or national guard, they will be con-
sidered by such acts as Mexicans without necessity of other
formalities; 4, those born without the Republic, of a Mex-
ican mother, if the father is unknown, and the mother has
not lost her nationality according to law ; if the mother has
become naturalized in a foreign country her children will be
foreigners ; but they may become Mexicans upon the terms
and conditions stated in clause 3 ; 5, those Mexicans who,
having lost their nationality according to this law, recover it
by complying with its requirements, as the case may be;
C, the foreign woman who shall marry a Mexican, such Mex-
ican nationality being retained even during her widowhood ;
7, those born out of the Republic, who, residing within it in
1821, swore to the Act of Independence, have continued to
reside in the country and have not changed their nationality ;
8, those Mexicans, who, residing in the territories ceded to
the United States by the Treaties of 2 February, 1848, and
30 November, 1853, complied with the conditions required
by said Treaties in order to preserve their Mexican nation-
ality; likewise those Mexicans who continue to reside within
the territory belonging to Guatemala, and those citizens of
that Republic who remain in those belonging to Mexico,
according to the Treaty of 27 September, 1882, provided such
citizens comply with the terms of Art. 5 of said Treaty;
9, foreigners who become naturalized according to the pres-
ent law ; 10, foreigners who acquire real estate in the Repub-
lic, provided they do not declare their intention of preserving
their nationality; at the time of making the acquisition, the
foreigner must declare to the Xotary or Judge acting as
Notary, whether he desires or not to obtain the Mexican
nationality conferred by Sec. Ill of Art. 30 of the Consti-
tution, the foreigner's declaration on this point being stated
in the deed; if he chooses Mexican nationality, or omits to
make any declaration on the subject, he may applv to the
Department of Foreign Relations within one rear, in order
to comply with the requirements of Art. S28, and be held
FORP:IGNERS AND NATURALIZATION. 525
as a Mexican; 1 11, foreigners who have children born in the
Republic, provided they do not prefer to retain their foreign
nationality ; at the time of making the registry of the birth,
the father shall declare before the Judge of the Civil Register
his intention on this subject, which shall be entered on the
record ; and if he chooses Mexican nationality, or omits to
make any declaration on the subject, he may apply within
one year to the Foreign Department, in order to comply with
the requirements of Art. 828, and be held as a Mexican;
12, foreigners who shall officially serve the Mexican govern-
ment, or who accept from it titles or public functions, pro-
vided that within a year from any of these things they apply-
to the Foreign Department for the purposes stated in Section
11, supra. (Art. 1.)
Art. 823. Foreigners Who Are. Foreigners are: 1,
Those born without the national territory, who are subject
of foreign governments and have not become naturalized
in Mexico ; 2, the children of a foreign father, or of a foreign
mother, or of a foreign mother and unknown father, born
within the national territory, until they shall reach the age
at which, according to the law of the nationality of the
father or of the mother, respectively, they would attain
their majority; if within one year from attaining their
majority, they shall not have declared before the political
authority of the place of their residence that they retain
the nationality of their parents, they shall be considered as
Mexicans ; 3, those who absent themselves from the country
without license or commission from the government, or on
account of studies, public interests or business, and who
remain away ten years without asking license to prolong
their absence, which licenses shall not exceed five years each
time applied for, and good cause having to be shown to obtain
i This Sec., 10, and the next. 11, are in evident conflict with the con-
stitutional precept referred to, which in terms imposes Mexican citi-
zenship on the foreign persons indicated, ipso facto upon failure to make
the declaration of retaining their previous nationality.
526 COMPENDIUM OF MEXICAN LAW.
any after the first ; 4, Mexican women who marry foreigners,
remaining 1 foreigners even during widowhood ; but if the mar-
riage he dissolved, she may recover her nationality by estab-
lishing residence in the Eepublic and making declaration be-
fore the Judge of the civil status, at her place of residence, of
her desire to recover her nationality ; the Mexican woman who
does not acquire the nationality of her husband by marriage,
according to the laws of his country, retains her own; the
change of the husband's nationality, after marriage, involves
the change of that of his wife and minor children subject
to the patria poicstad, if they reside in the country wherein
he becomes naturalized, except when the woman does not ac-
quire her husband's nationality, as just above stated; 5,
Mexicans who become naturalized in other countries ; 6, those
who enter any department of service of a foreign government
without the license of Congress ; 7, those who accept foreign
titles, decorations and employment, except literary, scientific
and humanitarian titles, without leave of Congress. 2
(Art. 2.)
Art. 824. Diplomatic and Seaborn Persons Corporations.
Xational ships of every class are declared to be part of
the national territory, and persons born on board of them
are to be considered as born within the Republic. The chil-
dren of diplomatic representatives and attaches, born abroad,
are always Mexicans, upon the principle of extraterritoriality.
The nationality of moral persons or corporations is governed
by the laws creating them, so that those organized under
Mexican law arc Mexicans, provided they have their legal
domicile in the country. Foreign " moral persons " or cor-
porations enjoy in Mexico the rights granted to them by the
laws of the countrv in which thev arc created, so loner as
* * O
these are not contrary to the Mexican laws. (Arts. 3-5.)
2 See Const.. Art. 34.
FOREIGNERS AND NATURALIZATION. 527
CHAPTER 2.
EXPATRIATION.
Art. 825. Right Incidents.
Art. 825. Right Incidents. The Mexican Republic rec-
ognizes the right of expatriation as natural and inherent in
all men and as necessary to the enjoyment of personal lib-
erty, and therefore permits its inhabitants to exercise that
right and leave the country and establish themselves in for-
eign countries, and also protects the right of foreigners of
all'nationalities to come and establish themselves within its
jurisdiction, and to be received and naturalized according to
the law.
But expatriation and naturalization in a foreign country
do not exempt criminals from extradition and from the trial
and punishment to which they are subject according to trea-
ties, international practices and the laws of the country.
Naturalized Mexican citizens, although in a foreign country,
have the right to the same protection from the Mexican
government, both in their persons and property, as citizens
by birth ; but should they return to the country of their birth
they shall be liable to any responsibilities which they may
have incurred, according to the laws of such country, before
their naturalization. The Mexican government will protect
its citizens in foreign lands by all means authorized by inter-
national law short of acts of hostility ; but if diplomatic
means are not sufficient, or the wrongs to Mexican nation-
ality are so grave as to demand more severe measures, the
President will lay the whole record before the Congress for
its action.
The naturalization of a foreigner becomes ineffective by
his residence in his native country for two years, unless in
the discharge of some official commission of the Mexican
Government, or with its permission. (Arts. 6-10.)
528 COMPENDIUM OF MEXICAN LAW.
CHAPTER 3.
NATURALIZATION.
Art. 826. \Ylio May Become Application.
827. Procedure on Application.
828. Special Naturalization.
829. Naturalization Effects and Incidents.
830. Colonists Status.
831. Effects of Naturalization.
Art. 826. Who May Become Application. Any for-
eigner who complies with the requirements of the law may
become naturalized in Mexico. At least six months before
applying for naturalization, he must present to the Municipal
Council (Ayuntamicnio^ of his place of residence, a written
petition declaring his wish to become a Mexican citizen and
to renounce his nationality; the original of this petition will
be filed, and a certified copy^issued to him. After the
expiration of the six months, and when the foreigner shall
have completed two years of residence in the Republic, he
may petition the Federal Government to grant him a cer-
tificate of naturalization ; absence in a foreign country with
the permission of the Government for not more than six-
months during the two years, does not interrupt the residence
required by law. The applicant must first appear before
the Judge of the District in whose jurisdiction he is and offer
to make proof of the following facts: 1, That according to
the laws of his native country he is in the full enjoyment
of civil rights by reason of being of legal age; 2, that he
has resided for at least two years in the Republic and been
of good conduct ; 3, that he has a trade, business or profes-
sion, or income by which to live. To this petition presented
to the District Judge, shall be attached the certified copy of
the original petition above mentioned, together with an ex-
press renouncement of all submission, obedience and fidelitv
to every foreign government, and especially to that to which
POREIGXEES AND KATURALIZATIOIST. 529
the applicant lias been subject; of all protection foreign to
that of the laws and authorities of Mexico, and of all rights
which treaties or international law grant to foreigners.
(Arts. 11-14, 20.)
Art. 827. Procedure on Application. 3 The District Judge,
upon the ratification by the applicant of his petition, shall
order the hearing of witnesses upon the points proposed, with
the assistance of the Promoter Fiscal, and he may ask the
Ayuntamiento for a report on the original application, and
hear any other proofs offered, and take the opinion of the
Promoter Fiscal. If the decision of the Judge is favorable
to the applicant, he will remit the original record to the
Department of Foreign Relations, that it may issue the cer-
tificate of naturalization, if in its judgment proper ; and
the applicant shall present to the Department, through the
District Judge, a petition requesting the certificate of natu-
ralization, ratifying his i^mouncement of his nationality,
and affirming his adhesion, obedience and submission to the
laws and authorities of the Republic. (Arts. 15-16.)
Art. 828. Special Naturalization. Foreigners who have
served in the national merchant marine may become natural-
ized after one year's service, making their application to the
District Judge of any port at which the ship may touch,
and their declaration before the Ayuntamicnio of such port.
The formalities prescribed to the two preceding Articles do
not apply to the naturalization of those classes of persons
mentioned in clauses 3, 4 and 6 of Art. 822 and in clauses
2 and 4 of Art. 823, who become naturalized by force of
law, or who have the right to choose Mexican citizenship,
who are held to be naturalized to all legal intents upon the
simple compliance with the requirements prescribed in re-
gard thereto. Those foreigners who come within the terms
s Suits concerning naturalization and the rights of citizenship are
governed by the new Federal Code of Civil Procedure, Arts. G43-648.
34
530 COMPENDIUM OF MEXICAN LAW.
of clauses 10, 11 and 12 of Art. 822, must apply to the
Department of Foreign Relations for tlieir certificates of
naturalization within the terms therein fixed, accompanying
their application by the document which proves their acqui-
sition of real, estate, the birth of children in Mexico, or their
acceptance of a public employment, as the case may be,
together with the renouncement of nationality and oath of
allegiance as required in ordinary cases. (Arts. 17-19.)
Art. 829. Naturalization Effects and Incidents. Cer-
tificates of naturalization will be issued gratis, without costs
of any kind. The act of naturalization being strictly per-
sonal, the applicant can only appear by attorney with special
and sufficient power for this act, which shall contain the
renouncement and oath of allegiance which must be made
by the applicant personally as required by the law, but in
no case can the actual residence of the applicant in the coun-
try be dispensed with. The status of native or foreigner
cannot be transferred to third persons, so that a native can-
not enjoy the rights of a foreigner, nor the latter those of
the former, because of one or the other status. The change of
nationality produces no retroactive effects ; and the acquisi-
tion or rehabilitation of the rights of a Mexican takes effect
only from the day after all the formalities required by law
have been fully complied with. Certificates of naturaliza-
tion will not be issued to citizens of any country with which
Mexico may be at war, nor to those suspected or convicted in
other countries as pirates, slave-traders, incendiaries, coun-
terfeiters, assassins, kidnappers and thieves. Every nat-
uralization obtained fraudulently and in violation of law
shall be totally null and void. (Arts. 19, 21-26.)
Art. 830. Colonists Status. Colonists who come to the
country by virtue of contracts with the Government, and
whose expenses of travel and establishment are paid by it,
are regarded as Mexicans. Their declaration of intention
FOREIGNERS AND NATURALIZATION. 531
to renounce their original nationality and to adopt the Mex-
ican, shall be set forth in their contract of joining the enter-
prise, and upon the establishment of the colony, the renounce-
ment and oath of allegience required by law shall be taken
before the proper authority, and remitted to the Ministry
of Relations for the issuance of the certificate of naturaliza-
tion to the interested party. Colonists coming to the coun-
try on their own account, or that of private enterprises not
subsidized by the government, as well as all classes of immi-
grants, may become naturalized according to the law, which is
also applicable to existing colonists so far as it may not con-
flict with acquired rights. (Arts. 27-28.)
Art. 831. Effects of Naturalization. The naturalized for-
eigner shall become a Mexican citizen as soon as he meets
the conditions required by Art. 34 of the Constitution, shar-
ing fully all the rights and obligations of Mexicans, except
that of holding office or employments which according to the
laws require nationality by birth, unless he was born in
Mexico and his naturalization effected in conformity with
clause 2 of Art. 823. (Art. 29.)
CHAPTER 4.
RIGHTS AND OBLIGATIONS OF FOREIGNERS.
Art. 832. Civil and Property Rights.
833. Residence Subjection to Law.
834. Political Disabilities Expulsion.
835. Matriculation Certificates of Nationality.
Art. 832. Civil and Property Rights. Foreigners in Mex-
ico enjoy the same civil rights as Mexicans, and the guar-
anties secured by Section I, Title I, of the Constitution, sav-
ing the right of the Government to expel pernicious for-
eigners. 4 It is not necessary that foreigners reside in Mexico
4 See Constitution, Art. 11.
532 COMPENDIUM OF MEXICAN LAW.
in onier to acquire public lands, real estate and ships, but
they are subject to the restrictions imposed on them by law,
and every lease of real estate made to a foreigner for a term
exceeding ten years will be regarded as a sale. The Federal
law (.nly can modify and restrict the civil rights enjoyed by
foreigners, upon the principle of international comity, in
such way that they shall be subject in Mexico to the same
disabilities as may be imposed by the laws of their country
upon .Mexicans residing therein; therefore the provisions of
the Civil and Civil Procedure Codes of the Federal Dis-
trict upon this subject shall have, the character of Federal
laws and be obligatory throughout the country. (Arts. 30-
32.)
Art. 833. Residence Subjection to Law. Foreigners
may reside in Mexico without losing their nationality, the
acquisition, change and loss of domicile being governed by
the Mexican laws. Should the individual guaranties be
suspended as provided in Art. -i) of the Constitution, for-
eigners are subject the same as Mexicans to the terms of the
law declaring the suspension, except as may be provided by
treaty. Foreigners are bound to contribute to public ex-
penses as provided by law, and to obey and respect the insti-
tutions, laws and authorities of the country, and to submit
to the decisions and judgments of the courts, without attempt-
ing other recourses than are by the laws granted to "Mexicans;
they can only appeal to diplomatic intervention in the event of
denial or willful delay in the administration of justice, after
vainly exhausting the ordinary recourses created by law, and
in the manner sanctioned bv international law. (Arts. ;>3-
Art. 834. Political Disabilities 5 Expulsion. Foreigners
are not entitled to the political rights of Mexican citizens,
Sec. L'ciicially. ns to rights of foreigners under the Constitution,
Art.-. 8. '.'. 11. ir>. :;<i-:$s.
FOREIGNERS AND NATURALIZATION. 533
can neither vote nor be voted for or hold any public office,
nor belong to the army, navy or national guard, nor assemble
to discuss the political affairs of the country, nor exercise
the right of petition in political matters, except they be nat-
uralized as hereinbefore provided. They are exempt from
military service, but domiciled foreigners must render police
service when required for the safety of property and the
preservation of order in the place in which they reside. For-
eigners taking part in the civil dissensions of the country
may be expelled from its territory as pernicious, but are
subject to the laws for any crimes they may commit against
the Republic, and during a state of war their rights and
obligations may be regulated by international law and trea-
ties ; this law does not confer on foreigners any rights denied
them by international law, treaties or existing legislation.
(Arts. 36-38, 40.)
Art. 835. Matriculation Certificates of Nationality.
The matriculation of foreigners is abolished. Only the
Department of Foreign Relations can issue certificates of
foreign nationality to foreigners requesting them, which cer-
tificates constitute presumption of foreign citizenship, but
do not exclude proof to the contrary ; such proof must be
made before competent tribunals and in the manner pre-
scribed by law or treaty. (Art. 39.)
e See note to Art. 827.
534 COMPENDIUM OF MEXICAN LAW
TITLE II.
COLOXIZATIOX.
(Ley de Colonization, de 15 de Diciembre de 1883.)
CHAPTER 1.
SURVEY OF LANDS.
Art. 83G. Survey and Sale of Lands.
Art. 836. Survey and Sale of Lands. For the purpose of
obtaining lands necessary for the establishment of colonists,
the Executive will order the survey, mensuration, subdi-
vision and appraisement of the public lands in the Republic,
appointing such commissions of engineers for the purpose
as he may deem necessary and determining the system of
the operations to be followed. The tracts laid out are not
to exceed twenty-five hundred hectares, which is the largest
amount which can be sold to one person, of lawful age and
capable to contract.
Such lands shall be granted to foreign immigrants and to
the inhabitants of the Republic who wish to settle on them as
colonists, on the following conditions :
1, T>y sale, at the appraised value made by the engineers
and approved by the Department of Fomento, on install-
ments payable in ten years, beginning after the second year
after the colonist is established ; 2, by sale for cash, or on
less time than above provided; 3, gratuitously, if so solicited
by the colonist, but in such cases the tract cannot exceed
one hundred hectares, and title cannot be obtained until the
colonist proves that he has remained in possession of the
land, and lias cultivated at least one-tenth of it, for five
con-eriitive years.
The Kxeentive will determine what lands should be col-
onized ai once, and will publish plans of the same and the
' COLONIZATION LAW. 535
prices at which they will he sold/ selling only alternate
tracts, and reserving the remainder to be sold on the condi-
tions herein prescribed, when solicited or when directed to be
sold by the Executive, who may mortgage them for the
purpose of obtaining funds which, together with the pro-
ceeds of sales of the lands, will be devoted exclusively to
the purposes of colonization. (Arts. 1-4.)
CHAPTEE 2.
COLONISTS. 2
Art. 837. Requirements Certificates.
838. Privileges and Exemptions.
839. Duties of Colonists Loss of Rights.
840. Other Grants and Aids to Colonists.
Art. 837. Requirements Certificates. To be considered
a colonist and enjoy the privileges granted by this law, for-
eign immigrants must bring a certificate of the consular or
immigration agent, issued at the instance of the immigrant
himself, or of a Company or concern authorized by the
Executive to bring colonists to the Republic. If the solic-
itant resides in Mexico, he must apply to the Department
of Fomento or to the agents authorized by it to admit colon-
ists, in the several colonies established in the Republic. All
solicitants must present certificates from the respective au-
thorities showing their good character and their occupation
prior to the application. (Arts. 5-6.)
Art. 838. Privileges and Exemptions. Colonists locating
in Mexico shall enjoy for ten years from the date of their
settling the following exemptions: 1, Exemption from mil-
itary service ; 2, exemption from all kinds of taxes except
municipal ; 3, exemption from import and internal duties
1 See Tariff of Prices for Sale of Public Lands, Art. 872.
2 See Art. 830.
536 COMPENDIUM OF MEXICAN LAW.
on provisions, where there are none, on farm implements,
tools, machines, chattels, building materials, furniture for
use, and breeding or blooded animals, intended for the col-
onies; 4, personal and ^intransmissible exemption from ex-
port duties on the products which they raise; 5, rewards for
notable works and premiums and special protection for the
introduction of any new cultivation or industry; 6, exemp-
tion from fees for the legalization of signatures and issuance
of passports by consular agents, to persons coming to ^Mexico
as colonists under contract between the Government and any
companv. The Department of Fomento will determine the
amount and kinds of articles which may be brought in free
of duties in each case ; 3 and the Department of Hacienda
will make regulations in regard to the manner of bringing
them in, so as to prevent frauds and contraband, but without
hindering the prompt dispatch of the articles. 4 Colonists
settling on treeless lands, who plant at least one-tenth of the
tract with trees in a number proportionate to its area, more
than two years before the expiration of the term of exemp-
tions, shall be entitled to one additional year of exemption
from taxes on the whole tract for each tenth part thereof
which they devote to the cultivation of forests. (Arts. 79.)
Art. 839. Duties of Colonists Loss of Rights. Colonies
must be established under a municipal form of government,
subject in regard to the election of their officers and the
laying of taxes to the general laws of the Republic and of
the State in which they are located; but the Department of
Fomento may appoint agents in the colonies in order to
better direct their works and to enforce the payment of any
amount- due to the Government. The colonists are bound
to comply with their contracts with the Federal Government,
or with private persons or companies who brought and estab-
lished them in the country.
a See Free List, Art. 845.
* See Arts. 840-847.
COLONIZATION LAW. 537
Every foreign colonist must make a declaration in the act
of settlement, before the federal colonization agent or the
proper notary or judge, of whether he intends to retain his
nationality or wishes to acquire Mexican nationality as con-
ferred by Art. 30 of the Constitution ; colonists have all the
rights and obligations granted or imposed by the Constitution
on Mexicans and foreigners, as the case may be, and are
entitled to all the temporary exemptions granted by this law,
but in all questions arising from any cause they are subject
to the decisions of the Mexican tribunals, to the entire exclu-
sion of foreign intervention.
Colonists who abandon the lands sold to them for more
than one year, and before paying for them, without good
cause proven, lose all rights to said lands and to all amounts
paid ; where the land was donated gratis as above provided,
they lose the land by abandoning or failing to cultivate it
for six months without just cause. (Arts. 10-14.)
Art. 840. Other Grants and Aids to Colonists. In places
designated by the Government for new towns, a lot of land
wall be granted free to Mexican or foreign colonists who wish
to locate therein as founders; but they will not acquire title
to such lot, but will lose all rights to it, if they do not prove
the erection of a residence thereon within two years after
their establishment ; such grants w r ill be of alternate lots.
Mexicans residing abroad who wish to settle in the unin-
habited places along the frontiers of the Republic, are enti-
tled to a free grant of not to exceed two hundred hectares,
on the conditions above prescribed, and to the exemptions
herein granted, for fifteen years.
The Executive may aid colonists or immigrants, in proper
cases and within the amount allowed by the appropriation
laws for the purpose, by payment of the costs of transporta-
tion for themselves and their equipage by sea and into the
interior as far as the railroads extend, with gratuitous main-
tenance for fifteen days, in the places which he may deter-
538 COMPENDIUM OF MEXICAN LAW.
mine, and with tools, seeds, building materials and animals
for work and breeding, the amount of such advances to be
repaid in the same way as the price of the land. (Arts. 15-
17.)
CHAPTER 3.
COLONIZATION COMPANIES.
Art. 841. Survey of Lands Conditions and Terms.
842. Contracts for Colonization Conditions.
Art. 841. Survey of Lands Conditions and Terms. The
Executive may authorize Companies to open up public lands
(ferrenos bdldios), upon condition of making their measure-
ment, survey, subdivision into lots, appraisement and descrip-
tion, and to transport and settle colonists upon said lands;
to obtain such authorization the companies must designate
the lands which they wish to open up, with their approximate
area and the number of colonists they will settle on them in
a given time; such authorization becomes ineffective and not
subject to extension, unless the operations thereunder are be-
gun within the unextendable term of three months.
The proceedings for the survey will be authorized by the
District Judge within whose jurisdiction the land lies, and
when concluded, if there is no oposiior, the records will be
delivered to the company to be presented to the Department of
Eomento, together with the Executive authorization above re-
ferred to ; but if there is opposition, the proper suit will be
proceeded with, a representative of the Treasury Department
Ix-ing a party thereto. As compensation for the works done,
the Executive may grant the companies not to exceed one-third
of the land or its value, but on condition that they cannot
transfer the same to foreigners not authorized to acquire them,
nor in greater parcels than twenty-five hundred hectares,
under penalty of forfeiture to the Government of the lands
COLONIZATION LAW. 530
conveyed in contravention to these restrictions. 5 The lands
surveyed by the companies, except the part so granted to them
in compensation, will be granted to the colonists or reserved,
011 the terms and conditions prescribed in Art. 836 above.
(Arts. 18-23.)
Art. 842. Contracts for Colonization Conditions. The
Executive may enter into contracts with companies or con-
cerns for the introduction and settlement in the country of
foreign colonists and immigrants, on the following condi-
tions : 1, The companies must fix a specific time within
which they will bring in a certain number of colonists ; 2,
the colonists or 'immigrants must comply with the require-
ments of Art. 776 above; 3, the terms of all contracts made-
between the companies and the colonists must conform to the
provisions of this law and be submitted for approval to the
Department of Fomento; 4, the companies must guarantee
to the satisfaction of the Executive the performance of the
terms of their contracts, in which the grounds of forfeiture
and fines must be set out.
Companies making such contracts with the Executive shall
enjoy for a term not to exceed twenty years the following
franchises and exemptions: 1, Sale at long time and low
price of public lands for the sole purpose of colonization ;
2, exemption from all taxes except stamp tax on the capital
invested in the enterprise; 3, exemption from port duties,
except those laid for improvements in said ports, on ships
bringing in on behalf of the companies at least ten families
of colonists ; 4, exemption from import duties on tools, ma-
chines, construction material, and draft or breeding animals
intended exclusively for an agricultural, mining or industrial
colony authorized by the Executive; 5, bounty for each
5 This prohibition on sale is repealed by Art. 8 of the Land Law of
26 March. 1904. herein contained in Art. 849.
6 Such exemption is subject to the provisions of the Regulations of
17 July. 18S9. See Arts. 845-847.
540 COMPENDIUM OF MEXICAN LAW.
family established, and a less bounty for each family dis-
embarked, and a bounty for each Mexican family estab-
lished in a colony of foreigners; 6, transportation of the
colonists at the Government's expense on the subsidized
steamship and railway lines.
Foreign colonization companies will be considered always
as Mexican, and must have a domicile in some city of the
Republic, in addition to such as they may have elsewhere,
and are obliged to have in Mexico a part of their Board of
Directors and one or more attorneys-in-fact amply empowered
to negotiate with the Executive. All questions arising be-
tween the Government and the companies shall be decided
by the Mexican tribunals, according to the laws, without any
interference therein by foreign diplomatic representatives.
(Arts. 24-27.)
CHAPTER 4.
MISCELLANEOUS PROVISIONS.
Art. 843. Private Enterprises Conditions.
844. Colonization of Inlands.
Art. 843. Private Enterprises Conditions. Private per-
sons may set aside all or a part of their own lands for colo-
nization by at least ten families of foreign] immigrants, who
shall have the same franchises and exemptions as those estab-
lished by the Government, provided t-hey subject themselves
to the conditions iixed by the Executive to insure the success
of the colony, one of which conditions shall always be that
each -colonist is to acquire by purchase or grant a lot of laud
for cultivation ; the Executive may also provide foreign
colonists to such individuals, stipulating with them the con-
ditions on which they are to be settled, and may aid them
with the costs of transportation of the colonists. The Execu-
COLONIZATION LAW. 541
five is authorized to acquire private lands by purchase or
grant, where deemed advisable, in order to establish colonies
thereon, subject to the appropriations made for such purpose
by the law. (Arts. 28, 30.)
Art. 844. Colonization of Islands. The Executive may
colonize the islands in both seas under the provisions of this
law, reserving to the Government an area of fifty hectares
on each island for public uses ; if the island is too small to
allow of such arrangement, no lands on it will be sold, but they
may be leased for short terms. In all colonies established
on islands there must always be a number of Mexican fam-
ilies not less than one-half the total number of colonizing
families. (Art. 29.)
CHAPTER 5.
REGULATIONS IX REGARD TO COLONIZATION".
(Beglamento de 17 Julio de 1SS9, sol>re Franquicias conce-
rt Idas a los Colonos por la Lei/ de 15 Diciembre dc 1883.)
Art. 845. Imports Exempt from Duty.
840. Free Importation IIo\v Secured.
847. Duties of Agents Frauds.
Art. 845. Imports Exempt from Duty. Pursuant to the
provisions of the Law of 15 December, 1883, the following
articles for the use of colonists and recognized Companies, are
free of duty :
FOOD STUFFS.
Oil, garlic, dry peas, rice, oats, common and refined sugar,
coffee of all classes, salted and smoked meats, hams, barley,
onions, beans, fruit? and fresh vegetables, ordinary crackers,
chick peas, wheat flour and that of eereals of all classes, con-
542 COMPENDIUM OF MEXICAN LAW.
densed milk, lentils, corn, lard, butter, ground mustard, pota-
toes, pastries, pepper, common or table salt, tea of all classes,
vinegar in earthen, glass or wooden receptacles.
STONE AND EARTH.
Clay piping, bricks other than refractory, paving flags and
slate Tiles of all classes and dimensions worked on one face
only, except those of marble or alabaster, grinding or whet
stones, plain glass for windows and doors, sulphate of lime.
WAGON MATERIAL.
Wheel-barrows or hand carts of all classes ; carts and wagons
of all classes and sizes; iron and steel axles and separate
wheels for the same.
LEATHER GOODS.
Common harnesses for carts and wagons.
DRUGS, starch.
IRON, STEEL AND OTHER METALS.
Woven wire for fences ; hooks and door-latches ; iron and
brass hinges of all classes ; iron, steel or brass key-hole
plates, without plating or gilding; iron, steel, brass, copper
or bronze locks of all classes ; nails, brads, tacks, screws,
bolts and nuts, and rivets of iron or zinc ; channel iron and
sheet iron for roofs; bellows for chimneys; tools and iron,
brass, steel or wooden implements, or composed of these ma-
terials, as well as stakes and handles for tools; iron ovens for
cooking and stoves with the corresponding iron pipes; iron
.-hoe- for animals ; wind-mills, of iron or wood, or of both ma-
terials, for drawing water from wells; iron beams for the con-
struction of houses; corrugated zinc for roofs; machinery and
accessories.
COLONIZATION LAW. 543
MISCELLANEOUS ARTICLES.
Geldings ; brooms ; ordinary lumber ; hair for plastering ;
doors and windows of wood, and of wood and glass ; tents and
tent-poles.
The colonists may also bring in free of duty, once for all,
their new or used furniture and household stuff, if of ordi-
nary quality according to the condition of the colonist ; the
Department of Fomento will determine what colonies shall
have the right to bring in provisions free of duty for such
time and on such conditions as may be deemed proper, as
provided in the law. (Arts. 1-3.)
Art. 846. Free Importation How Secured. Free impor-
tations under these Regulations or under the General Customs
Tariff, may be made by recognized colonists directly or
through the agencies of the colonization companies, or through
commission agents, under the following conditions: The
colonists or their agents must apply to the proper agent of
the Department of Fomento, requesting the importation of the
articles which they need, which are free under the regulations
or tariff, with a list in duplicate, detailing clearly the kind
and quality of effects which they wish ; if this list is approved
by the Agent, he will endorse his authorization on it, and
forward one copy to the customs house through which the
importation is to be made, keeping the other copy in his
files, and sending another to the Department of Fomento,
and will issue a certificate to the applicant as his voucher ;
if there is no Agent, the Department may authorize some
federal employe to act as such. Such importations must
come in a consular invoice containing no other goods which
are subject to duty; when the importation is made, the
Agent or the colonists will make out the petitions required
by the tariff law for forwarding the articles, which will be
presented to the customs house, and if found to correspond
with the document authorized by the Agent of Fomento,
544 COMPENDIUM OF MEXICAN LAW.
the goods will be delivered, but if there is any difference, the
provisions of Art. 388 of the tariff law on the subject will be
followed. (Arts. 4-7.)
Art. 847. Duties of Agents Frauds. The colonization
agents must give notice in advance to the agents of Fomento
of the expected arrival of colonists at the places where they
are to enter the country, so that the customs houses may be
notified, in order that no difficulty may be had in regard
to the forwarding of the effects when they arrive; the names
of the colonists must be stated in ,-aid notices. The Agents
of Fomento must not permit colonists to bring in more
goods than is strictly necessary ; should any colonists or
their agents abuse the concession made them by selling or
Trading in the goods admitted free of duty, the Agent of
Fomento or Administrator of Customs will at once notify
the District Judge, who will investigate the matter and if a
crime has been committed, will proceed to punish it accord-
ing to the law. Details of duties of the Agents of Fomento
and their records are omitted. (Arts. 8-13.)
PUBLIC LANDS LAW. 545
BOOK XIII.
LAND AND WATER LAWS OF MEXICO.
TITLE I.
- LAND 'LAWS AND AMENDMENTS. 1
{Ley sobre Ocupacion y Enajenacion de Terrenos Baldios
de los Estados Unidos Mcxicanos, de 2G Marzo, 18D4.)
CHAPTER 1.
PUBLIC LANDS AXD GENERAL RULES FOR THEIR OCCUPATION
AND ALIENATION.
'Art. 848. Classification Definitions.
849. Lands Subject to Acquisition.
850. Lands Exempt from Acquisition.
851. Leases and Contracts.
852. Effects of Grant.
Art. 848. Classification 2 Definitions. All lands of pub-
lic ownership affected by this Law are divided into four
classes: 1, Baldios; 2, Demasias; 3, Excedencias; 4, Terrc-
nos nacionles, or national lands. Bcdd'ws are all public lands
Avhich have not been devoted to public uses by the proper legal
authority nor granted upon onerous or lucrative title to indi-
1 The Regulations of tins Public Lands Law boar dato 5 June. 1894:
owing to their great length, and to the fact that the Lands Law is pend-
ing extensive amendments, as indicated in Art. Sl>7. the Regulations are
herein omitted.
-See Art. 807. frac. I. amending this Classification.
546 COMPENDIUM OF MEXICAN LAW.
viduals or corporations. Demasias are lands held by private
persons under original grants, but in excess of the exten-
sion called for by the patents, provided that such excess is
within the boundaries called for in the patent. 3. Exceden-
cias are lands held by private persons for twenty years or
more, outside of but lying alongside the boundaries of their
original grants. 4. Xational lands are those baldios which
have been officially selected, surveyed and measured, but have
not been legally granted, also baldios which have been de-
nounced by private persons but abandoned after survey and
measure. (Arts. 1-5.)
Art. 849. lands Subject to Acquisition. Every inhabitant
of the Republic, of legal age and capacity to contract, may
denounce baldios, demasias and excedencias, as herein pro-
vided, in any part of the Republic and in any amount, ex-
cept native and naturalized citizens of the countries border-
ing on the Republic, who by no kind of title may acquire
baldios in the border States. The privileges herein granted
do not remove the limitations imposed by existing laws upon
the acquisiton by foreigners of real property in the Republic.
Former requirements upon holders of baldios to keep them
settled, demarked and cultivated, and those forbidding sur-
veying companies to sell lands held by them except in certain
instances, are abolished, together with all penalties and for-
feitures. 3 Baldios , demasias and excedencias can only be ac-
quired by denouncement and in the manner herein provided,
and at prices fixed by the Executive, and all those held for
twenty years or more by private persons without original
grant, but under conveyances of title emanating from private
persons or public authority not authorized to grant Laldios,
may be acquired in the same manner or by arrangements made
directly with the Department of Fomento as herein provided.
Xational lands can only be disposed of by said Department at
3 The prohibition here repealed is tlint of Art. 21 of the Colonization
Law of !."> Deeenilier, l^s:?. lie rein contained in Art. 841.
PUBLIC LANDS LAW. 54:7
the prices and on the terms fixed in each case in view of the
quality, location and use of the lands,, which prices can never
be less than the current tariff prices for baldios, and lands
can never be granted gratuitously except for public uses,
rewards for services or otherwise as expressly provided by law.
The tariff of prices for baldios in each State and Terri-
tory will be fixed each year by a decree of the Executive
published in January, and in force during the fiscal year ; 4 of
the price received for lands sold two-thirds will be paid into
the Federal Treasury and one-third into that of the State
where the land lies, but neither can refuse to accept their own
evidences of public debt which may be tendered them in
payment by the purchaser; the entire price of lands located
in the Federal District and Territories goes into the Federal
Treasury. (Arts. 6-13.)
Art. 850. Lands Exempt from Acquisition. Xeither by
grant nor prescription can title be acquired to the following,
the dominion of which shall remain always in the Federation :
1, The sea shore; _!, the maritime zone extending twenty
meters from the highest tide mark and along the coasts of
mainland and islands ; 3, a zone of ten meters on both banks
of navigable and of five meters on floatable rivers ; 4, lands
on which monumental ruins are found, with such exten-
sion as is deemed necessary to preserve them. Baldios on
islands in both oceans may be acquired the same as on the
mainland, but in addition to the maritime zone a tract of at
least fifty hectares will be reserved for settlement and other
public uses, but if the island is not so large it will all be re-
served ; islands in navigable rivers, lakes and inlets cannot
be acquired except after expert examination and reports
from the chief political authority of the State, District or
Territory showing that there is no objection to the aliena-
tion ; inlets, lagoons and ponds which are not and cannot
become navigable, and marshes, may be acquired upon like
4 SVo Tariff of Price*. Art. 872.
548 COMPENDIUM OF MEXICAN LAW.
conditions together -with the report of the proper naval
authority ; lands wanted for salt-pits may also be acquired
as herein provided, but the Fomento may have them specially
appraised and sell them at higher than tariff prices if deemed
advisable. (Arts. 14-17.)
Art. 851. Leases and Contracts. The Department of
Fomento may enler into leases or other contracts for the ex-
ploitation of baldios while they are not taken up, as well as
make regulations for the exploitation of woods, resins or
other products of such lands and providing penalties for
their infringement, besides the penalties prescribed by law
for entering or exploiting baldios without permission. Such
leases may provide that the lessee may acquire the lands pref-
erentially (by the dcrcclio del lanto) when another per-
son denounces them, if he makes use of the right within
one month, and reimburses the denouncer for the costs of de-
nouncement, measure and survey of the land. Such con-
tracts cannot prevent the granting of the lands and they must
be delivered to the denouncer within six months from the
issuance of his title ; all permits granted will also cease upon
the land being granted, and the licensee can only recover the
part of the consideration paid proportioned to the unexpired
time. (Arts. 18-1!).)
Art. 852. Effects of Grant The adjudication or grant of
public lands under the proceedings herein established, vests
the title of the land in the grantee as against the Xation and.
private persons who have acquiesced in it or who having
made opposition have been judicially defeated ; but as against
third persons who have not been heard., (lie ownership is only
acquired by prescription or other legal title.
The Kxecutive may temporarily reserve such baldios as ho
may deem advisable for the conservation or planting of
wood-. Indian reservations, or colonization, as provided by
la\v. < Arts. i'0 i'l.
PUBLIC LANDS LAW.
CHAPTER 2.
MANNER OF ACQUIRING PUBLIC LANDS.
Art. 853. Land Agents Denouncements.
854. Proceedings under Denouncements.
855. Oppositions Judicial Proceedings.
856. Special Proceedings with Department.
857. Rebates to Possessors Preemption.
858. Prescription of Baldios.
Art. 853. Land Agents Denouncements. For the pur-
pose of disposing of public lands the Department of Fomento
will establish tne Agencies with one or more Agents and depu-
ties for each, in the several States, Territories and Federal
District, particularly defining the districts in which they are
to act ; they will receive no salary but will collect fees in
accordance with the tariff to be issued by the Department.
An applicant (denunciante} for public lands must present
to the Agent in the district where the land lies, a written
denouncement, in duplicate, in which the location of the land
and its boundaries must be accurately described. Upon
presentation of the denouncement, the Agent will register
it in a special book, and will record the day and hour of its
filing in the book and oil the denouncement and its dupli-
cate, returning the latter to the applicant as an evidence of
his rights ; within fifteen days afterwards the Agent will
ascertain whether the land denounced has been surveyed or
is reserved for any purpose, and if not, he will admit the
denouncement and proceed with it as provided in the admin-
istrative regulations ; the Agent will not proceed with de-
nouncements presented in regard to lands already patented
or denounced, but will record them, and his decision is
subject to review by the Department as provided in the regu-
lations. (Arts. 22-i'G.)
Art. 854. Proceedings Under Denouncements. Everv de-
550 COMPENDIUM OF MEXICAN LAW.
nouncement of public lands must be published in the office of
the Agency and in the official newspaper of the State, Dis-
trict or Territory where the land lies, for the time and in the
form prescribed by the regulations; the applicant must pay
all the expenses of publication, and of the measurement and
survey of the land, which must be made in every case, upon
notice to the adjoining owners, by a qualified expert ap-
pointed by the applicant with the approval of the Agent. If
the laid to denounced is surrounded entirely by lands not
laldio, it may retain whatever shape it has; but if not so
bounded, the new sides laid out must be straight and the
angles as nearly right angles as possible; if entirely sur-
rounded by other laldtos, its figure must be a square.
Where the laldto denounced adjoins lands not laldio, the line
of the latter will be taken as the line of the land denounced,
or a clear distance of not less than one kilometer will be left
between them both, as the applicant may prefer. When the
survey is finished, a plan of the land made, and the terms
fixed by the regulations passed without any oppositor present-
ing himself, the Agent will make copies of the record and
plan, and forward them to the Department of Fomento,
through the medium of the Governor of the State, who will
make such report on it as he deems proper; the Department
of Fomento, upon examination of the record and plan and
after finding that all requirements have been complied with,
will adjudicate the land to the applicant, and will notify
him to pay the price of the land so that the proper patent
of title may be made to him, such notice being given through
the Agent before whom the denouncement was made, if the
denunciant does not reside or has no representative at the
Capital. The price to be paid will be that fixed by the tariff
then in force, and must be paid within two months after
the adjudication, whereupon on presentation of the vouchers
of payment the patent or title will be executed and delivered ;
if payment is not so made the applicant loses his rights and
the land will be incorporated among the national lands; it
PUBLIC LANDS LAW. 551
rnay also bo declared national land and tlic adjudication to
the denunciant refused by the Department if desired to be
reserved or for other public use, upon refunding to the
denunciant all expenses incurred in the denunciation; adju-
dication may also be refused of lands denounced along a
water course where the grant would cut off access of ad-
joining owners to the water, and lands along a water
course should be laid out so far as possible so that all may
have access to the water. (Arts. 27-32, 36.)
Art. 855. Oppositions Judicial Proceedings. If oppo-
sition is presented affecting the whole of the land denounced,
formulated in such way that a determined area cannot be spec-
ified, the Agent will at once suspend the proceedings; but if
the opposition relates only to a clearly specified part of the
land, the proceedings will continue as to the part not embraced
in the opposition, and the proper judicial procedure will be
begun as to the part affected, before the District Court of
the State, District or Territory where the land is
situated ; such suit will be conducted in accordance
with the procedure in summary suits in federal mat-
ters, 5 the Fiscal Promoter appearing as representative of
the public Hacienda, and judgment in the second instance
shall be final. Such final judgment will award the costs of
the suit, and a certified copy will be forwarded to the Land
Agent to be added to the administrative record ; if entirely
adverse to the denunciant, the denouncement will be dis-
missed so far as it affects the rights of the oppositor ; if ad-
verse to the latter, the denouncement will proceed as if no
opposition had been made. The proceedings under a de-
nouncement can only be suspended or the time extended, in
case of an opposition and not otherwise ; when the time is
expired, the Agent must forward a certified copy of the rec-
ord to the Department of Fomento so that it may declare the
denouncement abandoned or impose any penally incurred by
& See Federal Code of Civil Procedure, of 1908, Arts. 5!)0-f>!)8.
552 COMPENDIUM OF MEXICAN LAW.
the Agent; an applicant who has been declared in default
cannot again denounce the same land within one year after
his first denouncement was declared abandoned. (Arts. 33
35, 37.)
Art. 856. Special Proceedings with Department. Exce-
dencias and demasias of a property, as well as baldios im-
properly held by private persons as hereinbefore specified,
may be acquired by denouncement as above provided, or by
direct application to the Department of Fomento, which
is authorized to enter into any arrangement or settlement
which it deems to the interest of the Xation, either declaring
that there are no baldioSj excedencias or demasias within
the limits of a property or by adjudicating to the owner any
which there may be ; but no such arrangement can be made,
until : Plans of the land have been made by a titled expert
as required by the regulations and approved by the Depart-
ment, and positive proof is made that every adjoining owner
approves the boundaries shown by the plan, or that, if any
objection was made, it has been settled by a final judgment;
such proof may be made by escritura publica duly executed
or by appearance before a judge of first instance or the Land
Agent in the district where the land lies ; the original grants
or later deeds of conveyance in legal form must also be pre-
sented to the Department, together with the latest convey-
ance of title, duly recorded in the Register of Property of
the place wherein the land lies, and the original or a certified
copy of the report rendered to the proper District Court
evidencing the possession of the land or of the excedencias
or demasias during the time required by this law. Upon
compliance with these requirements, the Department may
declare that no baldios exist within the limits of the property,
or may adjudicate any such ~baldios, excedencias or demasias
to its owner, upon payment of the price fixed in the tariff in
force when the application was made, less the rebates allowed
by Art. 857 to persons in possession.
GRAND REGISTER OF PROPERTY. 553
National lands may be sold by the Department, for cash or
on time, and at prices to be agreed upon, but not less than
the tariff rates at the time of sale ; if sold on time the title
will not be issued until the price is entirely paid. (Arts. 38
41.)
Art. 857. Rebates to Possessors Preemption. A rebate
of sixty-six per cent, of the tariff price will be made to those in
possession of demasias; of fifty per cent, to those in posses-
sion of excedencias and of baldios under color of title for
more than twenty years ; and of thirty-three per cent, to
those in possession of baldios under color of title for more
than .ten but less than twenty years. The possessor shall also
have the right to be preferred in case such lands are de-
nounced by third persons, provided he exercises the preemp-
tion before the record is forwarded by the Agent to the De-
partment and repays the denunciant all expenses incurred in
the denouncement. (Arts. 4243.)
Art. 858. Prescription of Baldios. Former laws prohibit-
ing prescription of Baldios are repealed, and henceforth any
person not forbidden by law, may acquire by prescription not
more than live thousand hectares of bald'io lands under the
terms of the Federal Civil Code. (Art. 44.)
CHAPTER 3.
GEAXD REGISTER OF PROPERTY.
Art. 859. Establishment Tublic.
860. Effects of Registration.
861. Registration How Made.
862. Changes of Ownership Subdivision.
863. Tax on Registration.
Art. 859. Establishment Public. There is established
the Grand Register of Property of the Republic," which shall
6 See Arts. 284-292.
7 See Art. 867, frae. XII.
554 COMPENDIUM OF MEXICAN LAW.
lie in charge of an Office of the Department of Fomento, and
in which shall be recorded with such requisites and formali-
ties as prescribed by this law and the regulations, the original
titles of baldios and national lands and those issued by virtue
of arrangements made or hereafter made with the Department
of Fomento ; the Register shall be public and anyone may ex-
amine it and secure certified copies of the entries and plans
recorded in it. The Keeper of the Grand Register will
give a bond of not less than $10,000 for damages which may
be caused to the public Hacienda or to private persons by
fraud or omissions in the inscriptions which he makes, but
he shall have the right to make objections to the decisions
by which inscriptions are ordered made, and his liability
shall only cease where in spite of them the order is repeated.
(Arts. 45-46, 62.)
Art. 860. Effects of Registration. Inscription in the
Grand Register is entirely voluntary for the owners and
possessors of lands, who lose none of their rights by failure
to make such inscription, but they can enjoy none of the
privileges granted to registered properties. Every property
so registered will be considered by the Federal Government as
perfect, irrevocable and exempt from every kind of revision,
the simple certificate of registration being conclusive on all
government authorities and agencies, which cannot at any
time require the production of the original titles, or subject
them to any kind of inquisition or revision, nor is the area
of the land inscribed subject to any rectification. Property
so protected cannot be denounced, and any denouncement will
be declared ineffective upon presentation of the certificate of
registration, such declaration being however subject to review
by the Department of Fomento as hereinbefore provided; in
respect of adjoining owners the certificate has the same legal
effect as a valid and perfect title so long as the inscription is
not declared void or modified by a final judgment obtained by
such adjoining owner. The validity of an inscription can-
GRAND REGISTER OF PROPERTY. 555
not be questioned by anyone who himself or through those
under whom he claims, had consented to the boundaries fixed
in the plan presented for registration, or who, having made
opposition before registration, has been defeated by a final
judgment; but the boundaries of such properties are subject
to be identified in proper cases by the government agents
or by private persons interested therein. (Arts. 4752.)
Art. 861. Registration How Made. Xo registration of
lands or property can be made except upon express authority
from the Department of Fomento, which must be filed with
the plan of the property. Every inscription shall contain:
1, The name 'of the applicant ; 2, the name by which the
estate or land is known or which is given to it by the owner ;
3, the location of the land, stating at least the State, Dis-
trict, Canton and Municipality; 4, the boundaries on all
sides, with reference as far as possible to fixed points of
easy identification or to solid and permanent artificial land-
marks ; 5, the date and abstract of all the original titles of
ownership which serve as the foundation of the inscription ;
6, date and abstract of the last deed of conveyance of title
executed in favor of the applicant for registration ; 7, literal
copy of the decision of the Department of Fomento ordering
the inscription ; 8, such other data as the regulations may
require.
The Department of Fomento cannot order the registration
of a property until the following requirements are complied
with : 1, Declaration by the Department that all interests
of the government in respect to the land in question are
satisfied ; 2, presentation of the last conveyance in favor of
the applicant, duly registered in the district where the land
lies; 3, presentation of a plan of the land as required by the
regulations; 4, proof of the consent of adjoining owners to
the boundaries established in the plan, or of final judgment.
against their opposition, in the form hereinbefore provided.
Each inscription must embrace only one estate or property,
556 COMPENDIUM OF MEXICAN LAW.
and cannot include several separate tracts, although belonging
to the same owner. (Arts. 53-56.)
Art. 862. Changes of Ownership Subdivision. The cer-
tificate of registration is effective although the property passes
to other owners ; but the latter may present to the Grand
Register a public instrument, duly registered in the district
where the land lies, proving their lawful succession in title,
and have the certificate changed to their name. Where a
registered tract of land or property is divided, the fact will
be noted on the original entry and plan, and a new inscrip-
tion will be opened for each part which has passed to the
new owner, and a plan of such part must be presented and
filed. Except by transfer and subdivision, an inscription
can only be altered or cancelled by virtue of a final judg-
ment of a competent federal judge or tribunal of the place
where the land is located decreeing that the inscription is
void or should be modified ; the only legal cause for such
decree is proof that the inscription was procured by error,
deceit or fraud or without complying with the requirements
of the law ; the Fiscal Promoter shall always be a party and
be heard in such suits. The Department of Fomento must
notify the Land Agents of all inscriptions of lands within
their respective districts so that no denouncement of any
part of the same will be allowed. ('Arts. 57-60.)
Art. 863. Tax on Registration. Inscription in the Grand
Register of Property is subject to a tax payable in stamps,
which must be affixed to the book in which each inscription is
made, according to the following tariff: Tracts of le>s than
10,000 hectares, at the rate of one cent per hectare, but such
tax cannot be less than $2; between 10,000 and 50.000 hec-
tares, one cent per hectare on the first 10,000, and one-half
cent per hectare on the excess ; for tracts of more than 50,-
000 hoctares the above rates will be paid on the first 50.000,
and one-fourth cent per hectare on all the excess; the forego-
PUBLIC LANDS LAW. 557"
ing taxes will be paid but once, but additional rates payable
also in stamps, may be established by the Department, for
certified copies of inscriptions, and for the entries made on
them in cases of change of owner or division of property.
(Art. 61.)
CHAPTER 4.
GENERAL PROVISIONS.
Art. 804. Prior Titles Validity.
865. Surveyors Denouncements.
806. Corporations Town Lands and Commons.
Art. 864. Prior Titles Validity. All titles issued by
competent authority, according to the laws, and especially
those issued since the law of 20 June, 18G3, 8 went into effect,
are declared exempt from all revision and composition, and
are expressly confirmed and ratified so far as the interests of
the public Treasury are concerned, and the same cannot
hereafter be nullified or modified except for error or fraud
established by final judgment of the competent tribunals of
the Federation ; but said titles only protect the lands within
the superficial area to which they refer, and the boundaries
therein established, and cannot be extended to any others.
Likewise and on the same terms are confirmed and ratified
all grants made by the Department of Fomento by way of
compositions, and the declarations of said Department to
the effect that specified properties do not embrace public
lands. Every original title to terrenos baldios, issued by
competent authority and in conformity with the requisites
of the laws in force at the time the same was issued, is valid
and binding, and does not require any revision, ratification
or confirmation of any kind, provided said title conforms
s The law of 20 June, 1863. governed the matter of bald'ios and pub-
lic land- up to the date when the present la\v of 2<> March, 1S94. was
enacted.
558 COMPENDIUM OF MEXICAN LAW.
with the superficial area and boundaries therein fixed for
the land, or that any defects therein have been cured by com-
position with the competent authority; but lands inscribed
in the Grand Register of Property are not affected by this
requirement, their owners only being required to permit the
identification of their boundaries as provided in Art. 860.
All contracts and arrangements made in regard to public
lands by officials not authorized by law to make them are
entirely void and do not in any way affect the public Treas-
ury. (Arts. 63-65, 71.)
Art. 865. Surveyors Denouncements. Surveyors en-
gaged in the survey of public lands are civilly liable to the
Treasury Department for all damages caused by their negli-
gence or want of skill in the discharge of their office, besides
the penalties to which they are liable for deceit or fraud
according to the penal laws. Xo one can oppose the survey
or mensuration of land or the performance of any other act
ordered by competent authority necessary to ascertain the
truth or legality of a denouncement, but if the land is ad-
judged not to be bahUo in whole or part, the owner is
entitled to indemnity for all damages caused by the denounce-
ment, besides the criminal action which lies according to law;
the foregoing rule does not alter the provisions of Art. 860
in regard to lands inscribed in the Grand Register. The
mere denouncement of public land does not carry the riaiit
to take possession of it, which is only conferred by the issu-
ance of the proper title in accordance with the requirements
of thi- law. (Art-. 66, 72-73.)
Art. 866. Corporations Town Lands and Commons.
Civil communities and corporations are prohibited from and
incapable of holding real estate. The State governments.,
aided by the Federal authorities, will continue to lay OUT, sub-
divide and adjudicate am on a 1 the inhabitants of the towns
the hind- which form the common- (>/Yc/ox) and the surplus:
PUBLIC LANDS LAW. 559
of the town lands (fundo legal) ; the details of this procedure
are omitted, as of no general concern. The Department of
Eomento will issue Regulations for the exploitation of forests
and public lands (baldios) temporarily reserved. 9 (Arts.
67-70.)
TITLE II.
AMEXDMEXTS TO LAXD LAWS.
CHAPTER 1.
BASES FOR REFORMATION OF LAW.
(Law of 30 December, 1002, as Amended by Decree of 26
December, 1905.)
Art. 8G7. Nature and Extent of Proposed Amendment.
Art. 867. Nature and Extent of Amendment. The Fed-
eral Executive is authorized to reform the existing legislation
in regard to public lands (terrenos baldios), in accordance
with the following Bases :
I. The classification made by the law of 26 March, 1894,
into Ijaldios, nacionales, demasias and excedencias, is repealed,
and only one class called baldios, as established in Base III,
and as defined in said Law, ante, Art. 848, will be recognized ;
but the lands embraced in the original title will be considered
protected by it, although the identity of the boundaries and
of the lands within the boundaries indicated in said title is not
strictly preserved, and although they embrace an area greater
than the title calls for. (Amendment of 26 December,
1905.)
II. In a separate Article there shall be enumerated the
lands which are considered as taken out of the ownership
(salidos del dominio) of the Xation, and which cannot be
sold as baldios, including therein lands of whatever extent
9 The Regulations for the exploitation of forests, baldios and national
lands, are of date 1 October, 1894.
:560 COMPENDIUM OF MEXICAN LAW.
which have been possessed by private persons within the
terms of the Civil Code regarding prescription, as well as
those which have been simply occupied for thirty years or
more by herds, cultivation or construction, and inclosed by
fence, ditch or artificial monuments.
III. All baldioS; whether or not comprised within the
boundaries indicated in any title, shall be divided, in respect
of the requisites necessary to their acquisition, into surveyed
and unsurveyed ; the former may be sold directly by the
Department of Fomento, at prices fixed by it, but not less
than the tariff of unsurveyed baldios, and on such terms as
the Department may determine in each case ; the latter can
only be acquired by denouncement or composition made be-
fore the officials, and with the requisites, prescribed by law.
TV. The Executive is authorized to cause all public lands
(baldios} to be surveyed by official commissions; all laws
and regulations authorizing the surveying of such lands by
private surveying companies shall be expressly repealed for
the future, and subsidies and other obligations payable in
such lands shall be prohibited.
V. The Executive is also authorized to issue the proper
titles of ownership to the possessors and occupants of sur-
veyed lands in the cases specified in Base II, upon their
request and payment of the costs incurred by the Govern-
ment in making the survey, in proportion to the area solicited.
VI. Possessors and occupants of such lands who are not
within any of the cases mentioned in Ba-=e II, shall have
the right to be preferred in the purchase of the lands which
they are possessing or occupying, provided they exercise the
right bc'fore the lauds are granted to another applicant.
VII. Occupants and possessors of unsurveyed lands com-
ing under the lerms of the preceding Base, shall have the
same right when I lie laud is denounced by another person,
provided they exercise the right, before ihc in'ant is made to
the denuurianl and pay the costs which he has incurred in
the denouncement.
PUBLIC LA]S T DS LAW. 561
VIII. The provisions of the present law in respect to the
validity and force of titles issued by competent authority,
and that they shall not be revisable by the Executive except
after judgment of the competent Tribunals of the Federa-
tion, shall be continued in force, being amplified by the pro-
vision that the baldios comprised within the boundaries stated
in the title shall not be subject to denouncement where they
have been possessed for the length of time necessary under
the Civil Code for their prescription, in which case such
lands will be considered as withdrawn from the national
domain.
IX. The Department of Foinento is empowed to declare,
on the petition' of any interested party, that any lands are
withdrawn from the public domain- which arc shown to be
protected by a title of ownership issued by an authority thereto
empowered by the law ; such declaration to be made upon
presentation of the said title and of the plan and expert
report in regard to the land, with the requisites prescribed
by the regulations, and from which title and report it ap-
pears that the entire tract is covered by the title. Such
declaration shall be limited to the fact that the land is with-
drawn from the public domain, without reference in respect
to the person of the possessor or owner nor to the titles under
which he holds.
X. The Department of Fomeiito is also empowered to
declare a Ijaldw as withdrawn from the public domain, in
favor of a person acquiring it by prescription, provided that
upon presentation of the plan and report as above required,
it is proven to be in compliance with the conditions of Base
II, by means of an information ad-perpctuam, or by a final
judgment rendered by the Tribunals of the Federation, de-
claring that the fact of prescription has been proven by the
applicant ; the law will determine before what authority or
office such information shall be taken and the requisites of
the same. (Amendment of 2G December, 1005.)
XI. The Department of Foinento will make up a register
30
562 COMPENDIUM OF MEXICAN LAW.
from the data of the expedientes in regard to the foregoing
declarations, the contents of which shall be public, and cer-
tified copies of the plans and declarations may be issued to
any person requesting the same.
XII. The Institution of the Grand Register of Property
of the Republic, established by the Law of 26 March, 1S94-,
shall be substantially preserved, but the Department of
Fomcnto is authorized to reorganize the administrative de-
tails of the registry, and to bring together under the same
organization, said Registry and the other offices, commissions
and dependencies regarding the lands and waters of the
entire Republic. (Amendment of 26 December, 1005.)
XIII. Unsurveyed baldios which are not possessed or oc-
cupied as provided in Base II, may be acquired by denounce-
ment. The proceedings relative to the measurement and
survey of the lands denounced will be conducted by the
administrative Agents of the Department so long as no oppo-
sition is presented to the denouncement, in which event and
straightway the proceedings will be transferred to the Judge
of the District in whose jurisdiction the land lies.
XIV. Of the proceeds of sale of baldios, surveyed or un-
surveyed, one-third shall belong to the State in which they
are located, and two-thirds to the Federation.
X\ 7 . The Federal Executive may order the temporary
reservation of baldios the sale of which is not deemed pres-
ently advisable because the same are needed for some public
j, or for colonies, or other public interests, and may tem-
orarily or permanently reserve lands intended for forests.
CHAPTER 2.
SUSPENSION OF DENOUNCEMENTS AND SALES.
(Decree of IS December, 1009.)
Art. 808. Certain Provisions Suspended.
SOD. Contracts of Lease Terms.
870. Surveys Reservations.
PUBLIC LANDS LAW. 563
Art. 871. Provisions Continued in Effect.
872. Tariff of Prices, 1909-1910.
Art. 868. Certain Provisions Suspended. Pending the re-
formation of the legislation in regard to public lands (ter-
renos baldios), in accordance with the bases of the Decree
of 30 December, 1902, the provisions of the Law of 26
March, 1894, now in force, so far as concerns the denounce-
ment of terrenos baldios, are suspended ; wherefore, the
Agencies of the Department of Fomento will not hereafter
admit any denouncements of such lands, but will proceed
with and finish all denouncements previously made in accord-
ance with said^law up to this date. The power granted by
the laws to the Executive to sell national lands is suspended
until the surveys previously made have been rectified by
official commissions. Contracts or promises of sale of baldios
and national lands, made under the laws of 15 December,
1883, and 26 March, 1894, will be declared terminated upon
the expiration of the periods therein stipulated, and no such
contract can be revalidated nor its time extended. (Arts.
1-2, 4.)
Art. 869. Contracts of Lease Terms. The Department
of Fomento may enter into contracts of lease for the ex-
ploitation of baldios and national lands, subject to the follow-
ing bases : 1, The term of lease cannot exceed ten years ;
2, the price of lease can in no case be less than five per cent,
of the annual value of the land ; for such purpose, the baldios
will be taken at the valuation assigned to them by the tariff
for the current fiscal year, and national lands at the same
prices, plus fifty per cent. ; 3, the contracts of lease may
concede to the lessees the right of preemption where another
wishes to buy the land in accordance with the present law ;
such right must be exercised by the lessee within one month
after notification by the Department of its intention to sell the
land. (Art. 3.)
COMPENDIUM OF MEXICAN LAW.
Art. 870. Surveys Reservations. The Executive,
through the Department of Fomento, will order the survey
and measurement of all ierrcnos baldios vet remaining in the
liepublic, by official commissions paid out of the appropria-
tions for that purpose, and, through said commissions, will
proceed to the rectification of the surveys of all national
lands, complementing such rectification with the geographical
data prescribed by the regulations or administrative orders.
The national lands and lialdlos so surveyed and measured
shall be destined preferentially for colonization and other
purposes of general interest, reserving such lands as may be
adequate for forests. The Executive may sell the lands not
destined for the above purposes, but no sale to any one person
shall exceed 5,000 hectares. In all sales of lands belonging
to the Xation the occupants of the' same should be pre-
ferred, provided that for ten years or more they have in-
closed the lands they occupy with fences, hedges or stakes,
or have cultivated or used the same for any agricultural
purposes, and have moreover for the last five years paid the
taxes imposed on said lands by the respective local laws; such
occupation under the above terms must be proven before
the Judge of the proper District, after citation to and the
attendance of the Ministerio Publico, who will be guided by
the general or special instructions given by the Department
of Eomento. (Arts. 5-7.)
Art. 871. Provisions Continued in Effect. The provisions
of the law of '!('> .March, IS 04, affording possessors of Laldios
and dcmasias means of perfecting their rights and obtaining
hnvl'ul litles, are continued in force. The Department of
Fomento will continue to ell'ect compositions in respect of
such lands which are held under ihe terms of said law;, and
said Department is empowered to make such provisions as it
deem- proper in order that the plan- and export works in
general which must be made for the purposes of such com-
positions r-hall conform to new roouisitos in order to assure
PUBLIC LANDS LAW. 5G5
their accuracy ; in all cases such plans must be made and
works must be done by an expert appointed by the Depart-
ment of Fomento, before the same can be approved. The
provisions of law in regard to the subdivision of commons
(cjidos) are continued in force, but the titles issued by
virtue thereof shall impose the obligation of cultivating or
making use of the lot during ten years, and shall contain the
necessary conditions to the end that the grantee or his heirs-
at-law shall only have the usufruct of said land for the term
of ten years, without the power to lease or sell the same or
grant its use until after such term, during which time nei-
ther the land itself nor any of the rights therein granted,
shall Be subject to embargo by any third party. Violation
of these provisions renders the title void, and the Nation may
reclaim the land by the proper judicial proceeding, so that
it may be granted to the head of a family who possesses the
legal qualifications. (Arts. 8-9.)
Art. 872. Tariff of Prices. For the Sale of Public Lauds :
1909-1910. (Sales Suspended.) Hectare.
In the State of Aguascalientes ' $ 7.00
In the State of Campeche 4.00
In the State of Chiapas 4.00
In the State of Chihuahua 4.00
In the State of Coahuila 4.00
In the State of Colima 6.00
In the State of Durango 4.00
In the State of Guanajuato 12.00
In the State of Guerrero 5.00
In the State of Hidalgo 5.00
In the State of Jalisco 9.00
In the State of Mexico 21.00
In the State of "MicLoacan 14.00
In the State of Morelos 27.00
In the State of Xuevo Leon. 4.00
In the State of Oaxaca 5.00
5GG COMPENDIUM OF MEXICAN LAW.
In the State of Puehla 11.00
In the State of Queretaro 9.00
In the State of San Luis Potosi 4.00
In the State of Sinaloa 4.00
In the State of Sonora 4.00
In the State of Tabasco 7.00
In the State of Tamaulipas 4.00
In the State of Tlaxcala 17.00
In the State of Veracruz 12.00
In the State of Yucatan 4.00
In the State of Zacatecas 4.00
In the Federal District 100.00
In the Territory of Tepic 4.00
In the Territory of Baja California 2.00
'In the Territory of Quintana Roo . 2.00
TITLE III.
LAWS COXCERXIXG WATERS AXD WATER
RIGHTS.
CHAPTER 1.
PUBLIC WATER WAYS AND EIGHTS THEREIN.
(Law of 5 June, 18SS.)
Art. 873. General Ways of Communication.
874. Regulation Public and Private Rights.
Art. 873. General Ways of Communication. Besides the
national highways, railroads, etc., the following are general
ways of communication under fraction 22 of Article 72 of
the Constitution: The territorial seas; the estuaries and
lagoons along the coasts of the Republic ; the canals con-
stnu-ted hy the Federation or with aid from the national
Treasury: interior lakes and rivers, if navigable or floatable;
lakes and rivers of any class and for their whole length,
WATERS AM) WATER RIGHTS. 567
which serve as boundaries of the Republic or of two or more
States of the Union. (Art. 1.)
Art. 874. Regulation Public and Private Rights. The
guarding and policing of the foregoing general ways of
communication depends upon the Federal Executive, who has
also power to regulate the public and private uses of the
same, on the following bases : a, The towns along their
course shall have the free use of the waters needed for the
domestic service of the inhabitants; b, the rights of private
persons in respect to easements, use and supply of waters
created in their favor upon rivers, lakes and canals will be
respected and c'onfirmed, provided such rights are founded
on lawful titles or civil prescription of more than ten years;
c, the concession or confirmation of private rights upon lakes,
rivers and canals can only be granted by the Department of
Fomento when it neither produces or threatens to produce
any change of their course, nor deprives the lower riparian
dwellers of the use of their waters ; d, fishing, pearl-hunting,
and the use and utilization of the estuaries, lagoons along the
shores and on public lands, and of the other territorial seas,
will be specially regulated by the Federal Executive. Ordi-
nary crimes committed on interior lakes, rivers and canals,
and jurisdiction over controversies between private persons
in regard to the application of the Regulations issued by the
Fomento, belong to the competent local tribunals. (Arts.
2-3.)
CHAPTER 2.
CONCESSION OF WATER RIGHTS.
(Law of 6 June, 1894.)
Art. 875. Concessions Conditions.
876. Franchises and Exemptions.
Art. 875. Concessions Conditions. The Executive is
568 COMPENDIUM! OF MEXICAN LAW.
authorized in accordance with the present Law and that of
5 June, IS 88, to grant concessions to individuals and com-
panies for the better utilization of the waters under federal
jurisdiction, for irrigation and as power adaptable to various
industries. Such concessions will be granted on the follow-
ing conditions: 1, Previous publication of the petition in
the official newspaper of the Federation and of the proper
State; 2, without prejudice of third parties, any oppositions
arising being first decided by the competent tribunals ; 3,
presentation of plans, profiles and descriptive reports for
the complete understanding of the projected works, within
the time prescribed in the concession ; 4, the admission of
an engineer appointed by the Executive and paid by the
concessionaire, as inspector of the work of planning and con-
struction of all the works ; 5, making a deposit of bonds of
the public debt to guarantee the performance of the obliga-
tions contracted by the concessionaires; 6, the submission of
the tariffs for the sale and leasing of the waters to the exam-
ination and approval of the Department of Fomento. .(Arts.
1-2.)
Art. 876. Franchises and Exemptions. The Executive
may grant to the concessionaires the following franchises and
exemptions: 1, Exemption for five years from all federal
taxes except stamp taxes, on the capital employed in laying
out, construction and repair of the works defined in the
concession ; 2, the importation at one time free of duty of
the machinery, scientific instruments and apparatus neces-
sary for the laying out, construction and operation of said
works ; o, the right to occupy without cost the public lauds
for the passage of canals, for the construction of dams or
'dikes, and for the formation of deposits ; 4, the right of ex-
propriation from private persons because of public utility,
upon indemnity and on the same terms as railroads, of the
lands necessary for the foregoing uses. The Executive may
also grant the free importation of machinery and apparatus
necessary for the utilization of water for irrigation or motive
WATERS AND WATER EIGHTS. 569
power, under concessions granted by the States for that pur-
pose, provided the concessionaires give security for carrying
out their works, and under such rules and limitations as may
be prescribed by the Executive, who will also issue regula-
tions for the utilization of waters in the Federal District
and Territories, and who may also grant concessions for con-
structing dams and forming deposits in accordance with the
principles of the Civil Code. (Arts. 3-5.)
CHAPTER 3.
STATE CONCESSIONS OF WATER RIGHTS.
(Law of IT December, 1896.)
Art. 877. Revalidation Conditions.
878. Future Concessions.
Art. 877. Revalidation Conditions. The Executive will
revalidate for this one time the concessions granted up to
this date by the State authorities to private persons to utilize
the waters of rivers or streams classified as under Federal
jurisdiction by Art. 1 of the Law of 5 June, 1888, pro-
vided that they comply with the following requisites: 1,
That the revalidation be solicited within one year from the
promulgation of this law;- (other detailed requirements of
the petitions and proceedings are omitted, as now of no con-
cern). (Arts. 1-3.)
Art. 878. Future Concessions. Where concessions are
sought from the States in respect to a water course of a
doubtful character, whether in regard to its being navigable
or floatable, or as to its situation as the probable boundary
between two or more States, the State authorities, before
granting a concession for the use of its waters, must consult
the Federal Government in respect to the definitive character
of such water course ; concessions made without observing
this requirement can hereafter under no circumstances be
confirmed. (Art. -i.)
570 COMPENDIUM OF MEXICAN LAW.
BOOK XIV.
NEW MINING LAW. 1
(Ley Minera de los Esiados Unidos Mexicanos, of 25 ISTo-
vember, 11)09, effective January 1, 1910.)
CHAPTEK 1.
MIXING PROPERTY AXD ITS CHARACTERISTICS.
Art. 879. Scope of Law Public and Private Property.
880. Mining Claims Unit and Extension.
881. Mining Rights Public Utility.
Art. 879. Scope of Law Public and Private Property.
The following are of the direct ownership (dominio) of tbe
Xation and subject to this law: 1, Deposits (criaderos} of
all inorganic substances which in veins or masses of any form
constitute deposits whose composition is distinct from that of
the rocks of the earth, such as those of gold, platinum, silver,
copper, iron, cobalt, nickel, manganese, lead, mercury, tin,
chrome, antimony, zinc and bismuth ; those of sulphur, arsenic
and tellurium ; those of rock salt and those of precious stones ;
2, placers of gold and of platinum. The following are the
exclusive property of the owner of the soil: 1, Beds or
deposits of all kinds of combustible minerals ; 2, those of
bituminous materials; 3, those of salts which show (afloren
a) on the surface; 4, springs of surface and subterranean
waters, subject to the provisions of the common law and to
i See comparison of the present with the former Mining Law, in the
Appendix, Chap. 3. p 981.
MINING LAW OF 1909. 571
the special laws of waters, and to the provisions of Art. 881 ;
5, the rocks of the earth and materials of the soil, such as
slate, porphyry, basalt and calc (caliza), and earths, sands
and clays ; 6, bog and drift iron and tin and ochres. The
Department of Fomento may enter into contracts, on such
conditions as may be proper in each case, for the exploitation
of metalic substances found in the beds of waters under Fed-
eral jurisdiction, unless otherwise provided in the special laws
of waters. The provisions of the Civil Code in regard to
ordinary property and its subdivisions are applicable to min-
ing property unless otherwise provided herein. (Arts. 1-3,
135.)
Art. 880. Mining Claims Unit and Extension. The
unit of mining property is called a " pertenencia," which is
a solid of unlimited depth, and limited on the earth by the
four vertical planes corresponding to the projection of a
horizontal square of one hundred meters on each side ; 2 it is
indivisible in all acts and contracts concerning its owner-
ship. A mining property, or " fundo minero/' is one or
more contiguous pertenencias covered by the original grant
or by conveyance thereunder. Where it is impossible, in
laying out a mining property, by reason of adjoining prop-
erties, to secure the pertenencias entire, the surplus (irre-
ducible} portion is called demasia, and is considered for all
legal purposes, as composed of as many pertenencias as there
are hectares embraced in its horizontal projection, and any
fraction of a hectare which may result will be considered as
an additional pertenencia; where such surplus portion is less
than an hectare, it is also called demasia and considered for
legal purposes as a pertenencia; the form and manner of locat-
ing pertenencias and demasias will be prescribed by the Regu-
lations. (Arts. 4-6.)
Art. 881. Mining Rights Public Utility. The owner of
a mining property has the right to extract and make use of all
" A minim: pcrtcncncia contains 10.000 square- meter?, or 1 hectare,
and i> equal to 2.47 acres.
572 COMPENDIUM OF MEXICAN LAW.
the substances above mentioned found on the surface or in
the subsoil of his property, but cannot extend his workings
beyond its limits although surrounded by free ground ; he
may also make use of the waters encountered in the work-
ings, and extract and dispose of the same with all the sub-
stances which they hold in suspension or solution, but cannot
claim indemnity where such waters are exhausted or dimin-
ished through the drainage of other mining properties.
V\'!icre the striking of waters in the interior workings causes
the exhaustion or diminution of springs belonging to an-
other owner, the latter may recover the waters belonging to
him, provided he docs not deprive the owner of the mine of
the water he needs for his own work, and the former cannot
require indemnity for the same; the conveyance or loss of a
mining property carries with it the right to the interior waters.
The mine " dumps " constitute an accession of the mining
property from which they arise; if their origin cannot be
determined, their ownership will be governed by the common
law.
The mining industry is of public utility, hence the owners
of mining property have the right of expropriation (eminent
domain) in the cases and conditions prescribed in this law.^
(Arts. 7-10, 134.)
CHAPTER 2.
ACQUISITION AND FORFEITURE OF MINING PROPERTY.
!Art. 8S2. Denouncements What subject to.
883. Form and Requisites of Denouncement.
884. Presentation Proceedings.
885. Proceedings in Department of Fomento.
880. Oppositions Procedure.
887. Issuance of Title Forfeiture.
Art. 882. Denouncements What Subject To. Mining
property is acquired originally from the Xation by means
Arts. S!ir,-S00.
MTNIXG LAW OF 1909. 573
of a Grant (titulo} issued by the Executive Power through
the Department of Fomento, after denouncement (denuncio)
and the other requisites herein prescribed. Denouncements
can only be made on free (i. e., unoccupied) ground; land is
not considered free which has already been granted or as to
which another denouncement is pending, nor, in the following
cases, until after thirty days after the date of posting the
proper declaration on the bulletin of the Mining Agency:
1, Pertencncias the title to which has been declared forfeited ;
2, paieneucias the denouncement of which has been finally
disapproved ; 3, pertcnencias declared free by the Department
of Fomento in accordance with this law. A denunciant who
has been declared in default (moroso} in respect to a pre-
vious denouncement of all or part of the same property, will
not be permitted to again denounce it within one year from
the date he was declared in default. (Arts. 11-14.)
Art. 883. Form and Requisites of Denouncement. 4 A de-
nouncement must be framed in writing and in duplicate,
and must set forth the name, age, occupation, nationality,
domicile and residence of the denunciant ; the principal sub-
stances which he expects to exploit ; the number of pertencn-
cias, and their position on the ground so indicated as to be
identified; the- description of the adjacent mining boundaries,
and the location of the pcrtenencias; the denouncement must
be accompanied by a certificate of the deposit of the value of
the stamps which, according to the Stamp Law, must be
attached to the title. y The number of pertcnenclas may be
stated approximately: 1, Where the boundaries of the prop-
erty are so clearly defined in the denouncement that they
can be readily identified on the ground ; 2, where the pcrlcncn-
clas denounced are entirely surrounded by properties already
titled (granted) or by pcrtenencias denounced and measured ;
in such cases, if the deposit for stamps is greater than re-
* See Art. 010.
> See Stamp Law, roc. " Titles," post, p. 744. and Art. 030D.
574 COMPENDIUM OF MEXICAN LAW.
quired the excess will be returned, or if less, the denunciant
must put up the difference, or his denouncement will be held
as abandoned. Each denouncement must embrace only one
pertenencia or group (con junto) of contiguous pertenencias;
the pertenencias need not be contiguous provided: 1, That
within the limits of the denouncement there are mining prop-
erties previously granted or pertenencias denounced ; 2, that
all the pertenencias denounced are located upon the same
deposit (criadero) and within the jurisdiction of the same
Mining Agency. (Arts. 15-10.)
Art. 884. Presentation Proceedings. The denounce-
ment must be presented personally by the denunciant or by
his lawful representative or by attorney-in-fact with power-
of -attorney or letter-of-attorney ; the latter must be ratified
by the principal through escritura publica or apud-acta within
sixty days after the denouncement is presented. The Min-
ing Agent will receive the denouncement and record it in his
register, n'.'iing therein and on the original and duplicate
denouncement the day and hour of presentation ; if in the
Agent's opinion it is not sufficiently definite he may request
any necessary explanations and note them in the same way,
but the denouncement will be registered in any event ; the
same rules apply in case of denouncements presented at the
same time or successively in respect to the same pertenencias;
in the latter event, one of them will be selected by lot to be
proceeded with, unless the parties agree upon one. Within
three days after presentation, the Agent will decide whether
the denouncement is to be admitted; if so, he will proceed
to make up the record (expedientc) ; if refused, he will state
in writing the reason of his decision, which, together with all
other decisions of the Agent, is reviewable by the Depart-
ment of Fomento on the petition of the denunciant. The
procedure (Iramitacion) includes the appointment of an ex-
pert, to measure, and make plans of the land, the publication
of an extract of the denouncement and of the announce-
MINING LAW OF 1900. 575
ment of the filing in the Agency of the expert report and of
any opposition which may have been presented. (Arts. 20
25, 48.)
Art. 885. Proceedings in Department of Fomento. At the
close of the proceedings before the Agency, if no opposition
has been presented to suspend their course, the Agent will
forward a copy of the record to the Department of Fomento,
which will examine the same, and if approved will fix a time
within which the dennnciant must erect the proper monu-
ments (mojoneras} and to prove their erection ; upon so doing
the title will be issued to him, which confers the legal posses-
sion of the property, without need of other formality; if he
fails to comply he will be declared in default (moroso).
The Department will disapprove the expediente where the
denouncement or proceeding is defective for failure to observe
the law or regulations through the fault of the denunciant,
and he will be declared in default ; if the Department is satis-
fied from the proofs presented that the denunciant is not at
fault, it will order any defects in the record to be amended ;
any defects not involving infraction of the law or regulations
may be ordered supplied by the person at fault ; if the denun-
ciant is at fault, and he fails to comply with the order, he
will be held to abandon the denouncement ; if the Agent or
expert is at fault the Department will enforce their liability,
and the denunciant may recover indemnity for all damages
he has incurred.
If the denunciant fails to attend the meetings or proceed-
ings provided by law or regulations he will be declared de-
sisted, but may be excused upon proof that it was due to
causes beyond his control, and the proceeding may again be
had so far as necessary, but if he again fails to attend no
excuse will be admitted. A denunciant who is not in default
(morosidad) may withdraw his denouncement before the
Department renders its final decision on the record. Failure
to provide stamps will not suspend the proceedings, the paa v es
576 COMPENDIUM OF MEXICAN LAW.
of the record being- legalized temporarily with the seal of
the Agency,, but the Department will require the stamps to
be attached before rendering its final decision ; if the denun-
ciant does not provide them within the time allowed he will
be declared desisted; the same results from failure to pay
the fees of the Mining Agent as prescribed in the regulations.
In every case of desistment, and of default, the deposit made
when, the denouncement was presented will be applied, first
to payment of the stamps due on the expediente, and second
to the fees of the Mining Agent, the denunciant remaining
liable for any deficiency. (Arts. 20-36.)
Art. 886. Oppositions Procedure. Causes of opposition
to a denouncement are: 1, Total or partial invasion of al-
ready granted pertenencias the titles of which have not been
declared forfeited (caducos) : 2, a pending denouncement of
all or part of the same pertenencias. The opposition for the
foregoing causes will be formulated before the Mining
Agency \Vithin the time fixed by the regulations; thereupon
the parties will be cited to a meeting for purposes of com-
position, under rules prescribed in the regulations; if no
agreement is reached the parties will be notified that they
may choose either administrative or judicial proceedings for
the settlement of the opposition ; if they do not at once choose
the administrative proceeding, the proceedings on the expe-
dient? will be suspended, and it will bo forwarded within
forty-eight hours to the judicial authority to be proceeded
in by suit as hereinafter provided : if they select the admin-
i-trative proceeding, the proceedings on the expediente will
In- carried forward so that in due time the Department of
Fomento, after hearing both parlies, in accordance with the
re<ruiations, will definitely decide the opposition. If the
parties choose the administrative proceeding, thev cannot
afterwards have recourse to the judicial, but if they choose
tin- latter, they may before final judgment submit the opposi-
tion to the decision of the Department.
MINIXG LAW OF 1909. 577
Any cause of opposition other than above mentioned must
be alleged before the Agency, but the proceedings on the
cxpedientc will not be suspended; the Department will, when
the record reaches it, examine the cause alleged and decide
whether or not it will be considered ; if so, it will proceed
and decide as provided above in this Article, otherwise
it will disregard the opposition without prejudice to the
rights of the oppositor. Oppositions may be presented dur-
ing revision directly to the Department, where the oppositor
proves that it was not his fault that he did not go first to
the Mining Agency; the oppositor will be held as desisted if
he fails to attend upon the proceedings, being excused if it
was not through, his fault, but no excuse will be admitted
if he fails for a second time to appear. (Arts. 3745.)
Art. 887. Issuance of Title Forfeiture. The title will
be issued to the denunciant without prejudice to the rights
of third persons ; in order to be issued to any other person,
the hitter's right must be evidenced by cscritura publica.
The Department of Fomento may refuse the issuance of a
mining title although the expedients is in legal form, for
reasons of public utility established by law justifying the re-
fusal, and upon reimbursing the denunciant for all legitimate
expenses incurred ; if such reasons cease to exist, the Depart-
ment will so declare, and publish the declaration as provided
by the regulations, in order that the denunciant may present
himself within ninety days to request the issuance of the
title ; if within that time he fails to apply, the perlenencias
will be considered as free ground.
Alining property will be forfeited by failure to pay the
tax ( linpucsto) as prescribed by the tax law. (Arts. 49-
51.)
e Sec Arts. 930D and 030E.
578 COMPENDIUM OF MEXICAN LAW.
CHAPTER 3.
SEDUCTION, RECTIFICATION AND DIVISION.
Art. 888. Reduction of Denouncements and of Pertenencias.
889. Rectification of Localization.
890. Division of Mining Properties New Titles.
Art. 888. Reduction of Denouncement and of Pertenencias.
A petition to reduce the number of pertenencias included
in a denouncement may only be presented within the first
forty days of the proceedings before the Agency; it cannot
have the effect of changing the time for the filing of plans ;
a denouncement cannot be modified by increasing the number
of pertenencias, a separate denouncement being required for
every amplification.
Where it is desired to reduce the number of pertenencias
in a mining property, the petition for reduction, accompa-
nied by the mining title, will be presented to the proper
Mining Agency, it being necessary to make new plans and
issue a new title cancelling the former one ; upon the issu-
ance of the new title being awarded, the excess of land cov-
ered by the former title will be declared free, and a time will
be fixed for the erection of ne\v monuments, observing the
same procedure as in the issuance of the original titles.
(Arts. 40-47, 52.)
Art. 889. Rectification of Localization. The localization
on the ground of pertenencias already titled may be rectified
so as to make it correspond to that shown in the denounce-
ment and title, without the issuance of a new title; but
where the localization of the perienencias, as indicated in the
title, dries not correspond with that shown by the denounce-
ment, the title will be rectified and a now one issued, although
the localization on the ground agrees with that shown by the
denouncement; also where neither the localization of the
pertenencias n the ground nor that shown by the title agrees
MIXING LAW OE 1909. 579
with that indicated in the denouncement, the localization
will be rectified and a new title issued. Such rectifications
will be made upon petition of the owner of the mining prop-
erty, of the adjoining owners interested, or ex officio by order
of the Department ; in the latter event the action of the De-
partment will not prejudice the rights of any of the parties.
In all cases of rectification of the localization of the pertenen-
cias on the land, the Department will fix a term for the erec-
tion of the proper monuments, and will not issue the new title
until the same is done ; the Department may also at the peti-
tion of the owner, and without prejudice to the rights of oth-
ers, order the administrative correction of any errors in the
title not affecting the localization of the pertencncias on the
ground, issuing in such cases a new title and cancelling the
former one ; all corrections will be made on the basis of the
data contained in the denouncement. (Arts. 53-59.)
Art. 890. Division of Mining Properties New Titles.
In order that the division of a mining property into two or
more be legally effective, new plans must be presented as
provided in the regulations, and new titles must be issued in
the same manner as originally, cancelling the former one.
(Art. 60.)
CHAPTER 4.
LEGAL MINING EASEMENTS.
Art. 891. Nature and Extent of Easements.
892. Rules for Use of Easements.
893. Establishment of Easements.
Art. 891. Nature and Extent of Easements. Common
properties are subject, in favor of mining properties, to the
legal easements (servidumltres) of passage, drainage, aque-
duct, ventilation, and transmission of electric power; mining
properties are only subject, in favor of other mining proper-
580 COMPENDIUM OF MEXICAX LAW.
ties, to the legal easements of drainage and ventilation. The
easements of passage, drainage and aqueduct are governed
by the provisions of the Federal Civil Code in respect of
the rights and obligations of the dominant and servient es-
tates, except that the easement of passage may consist not
only in the right of transit through the common properties,
but in the permanent establishment across them of lines of
transmission by cable or by any other method of transporta-
tion authorized by the regulations, intended exclusively for
the operating needs of the mining property and to establish
communication between it and the public roads, railroads or
smelting plants, such right of way not to exceed ten meters
in width unless otherwise agreed.
The easement of ventilation,, over common properties, con-
sists of the right of communication from the surface to the
interior workings of the mining properties for the sole pur-
pose of affording necessary ventilation; such casement over
mining properties, consists of the right to establish communi-
cation through them for the purpose of ventilating other min-
ing properties, and to make use of the works of the servient
estate for that purpose where not incompatible with the use
for which they are intended.
The easement of transmission of electric power over com-
mon properties consists of the right to establish overhead or
underground lines from the point of production of the power
to the mining property where it is to be utilized, across the
intervening properties, together with the right of passage for
their construction, maintenance and guarding, the rules as to
the easement of passage being applicable to this casement so
far as practicable.
The easement of drainage to which other mining proper-
ties are subject, consists of the right to establish through them
mining tunnels (socavoncs) or countermines for the purpose
of draining other mining properties, also the right to make
use of the tunnels or countermines used by the servient estate
for tin- same purpose, and the servient estate mav make usa
MIXING LAW OF 1909. 581
for its own drainage of the tunnels and countermines opened
for that purpose by the dominant estate; but this easement
does not authorize the running of such tunnels or counter-
mines through or under a shaft (tiro} of a mine. The rights
to open and exploit tunnels are ineffective where the parties
undertaking to exercise such rights fail to comply with the
requirements of the laws or concessions under which such
rights were acquired. (Arts. G1-G9, 148.)
Art. 892. Rules for Use of Easements. In making use of
the easements of drainage and ventilation above referred to,
the following rules will be observed: 1, While the work is
being done, the owner of the servient estate has the right to
have an interventor for the protection of his interests, and
as long as the easement lasts, to require that doors be put
in according to the regulations at points where his works
are intersected, also where his own works cut into those put
on his property in the exercise of the easement; 2, if during
the work any of the minerals mentioned in the first two
clauses of Art. 879 are encountered in paying quantities, the
owner of the dominant estate must bring them to the sur-
face and notify the Department of Fomento and the owner
of the servient estate, and if the latter does not dispose of
them within sixty days after such notice they will remain
on the surface at his risk; 3, if such substances are encoun-
tered while working in free ground, the o\vner of the domi-
nant estate, after notice to the Department, may dispose of
such as it is necessary to extract in order to carry on. the
work, but cannot exploit the deposit unless he obtain? a title,
for which purpose he shall have a preferential right to present
his denouncement within thirty days from the discovery,
within a zone of one hundred meters on each side of the axis
of the shaft. (Art. TO.)
Art. 893. Establishment of Easements. The casement?
herein referred to mav be established in anv <>f the following
582 COMPENDIUM OF MEXICAN LAW.
ways: 1, By consent of the owner of the servient estate
evidenced by public instrument ; 2, by resolution of the De-
partment of Fomento; 3, by judicial judgment. If the
owner of the servient estate refuses to consent, the owner of
the dominant estate may apply to the Fomento, which, after
hearing both parties, will decide whether the easement shall
be established ; if in the affirmative, the Department will fix
the use and extension of the easement, the material conditions
of its establishment and the amount of indemnity to be paid
to the owner of the servient estate, such decision being final
unless objected to within thirty days. If within that time
objection is made, the Department may authorize the work
upon giving bond for all damages and losses which may be
caused ; such resolution will be notified to the owner of the
servient estate, who may bring his action in court within
thirty days, failing to do which, the easement will be taken
as definitely established and the bond will be cancelled. If
the Department decides that the easement is not to be estab-
lished or established on different terms than as solicited, the
applicant may bring his suit within thirty days or will lose
his right.
In authorizing the establishment of easements the Depart-
ment will observe the provisions of the Federal Civil Code
so far as not otherwise provided herein ; in respect to ease-
ments of drainage and ventilation the Department will take
into account the advantages and disadvantages of the system
proposed as compared with those of other known systems.
The amplification of easements already established will con-
form to the rules for their original establishment. (Arts. 71-
78.)
MINING LAW or 1900. 583
CIIAPTEK 5.
MINING CONTRACTS. REGISTRY.
Art. 894. Acts of Commerce Lesion.
Art. 894. Acts of Commerce Lesion. All mining enter-
prises, and all contracts in regard to the transfer and exploita-
tion of mines and in regard to the products of mines, are
" acts of commerce " and governed by the provisions of the
Code of Commerce, unless otherwise specially provided herein.
The valuation placed upon mining properties and rights by
the incbrporators in organizing a mining company shall be
considered as proven, and no mining contract shall be sub-
ject to rescission on account of lesion. The offices of the
Commercial Register in the States, Territories and Federal
District will keep a special book in which they will record:
1, The titles of mining property; 2, escrituras piiblicas and
judicial and administrative decisions which transmit or affect
the ownership of mining properties or real rights concerning
the same ; 3, escrituras piiblicas concerning promises to trans-
fer mining properties or pertenencias; 4, escrituras piiblicas
and judicial decisions concerning the exploitation of min-
ing properties ; such registry will be made in the office of
the Municipality where the mining property is located;
documents concerning mining easements upon common prop-
erties will be registered in the office of the place where the
servient estate is located. The registry of documents men-
tioned in clause 3 above will be effective as to third persons
for the term stated in the contract, from the date of registry,
but not to exceed two years, although the time fixed for the
subsistence of the promise is longer. Where the document to
be registered is presented for registry within thirty days of
its date, if an escritura piiblica, or from the time the judi-
cial decision was rendered, the registry will produce its
effects from such date, but only from the time of presenta-
584: COMPENDIUM OF MEXICAN LAW.
tion if after thirty days; the registry of foreign documents
is effective from the date on which the certified copy of its
protocolization is presented at the proper registry office.
(Arts. 79-86.),
CHAPTER 6 .
ESPKOPKIATIOST.
Art. 895. Right of Expropriation.
896. Proceedings Incidents.
Art. 895. Right of Expropriation. The owner of a min-
ing property (fundo minero} has the right to occupy, within
the limits of his pertenencias., so much of the surface of the
ground as is strictly necessary for the use and exploitation of
superficial deposits, and for the huildings and works neces-
sary for mining operations, and for treating or smelting the
ores produced on the property or on its annexes belonging to
the same owner, and to occupy, within and without the lim-
its of his pertenencias, subject to the regulations, the neces-
sary land for the establishment of permanent railways for the
purposes of the enterprise. (Art. ST.)
Art. 896. Proceeding's Incidents. Where the owner of
the mining property is unable to come to an agreement with
the owner of the surface property in regard to acquiring it,
he may apply to the Department of Fomento for its expro-
priation ; after hearing the landowner, the Department will
decide whether or not the petition is to be granted, and if
in the affirmative, it will fix the extent of land to be expro-
priated and the amount of indemnity to be paid by the
mine owner; the latter may provisionally occupy the portion
of land designated upon depositing to the landowner's order,
in an office of the Treasury indicated by the Fomento, the
amount of indemnity fixed. Tf the landowner opposes the
occupation, the mine owner may apply to the competent
MINING LAW OF 1909. 585
judge for an order to put him into immediate possession
of the land designated by the Department. The landowner
may oppose the administrative order of the Department
upon notifying it of his opposition and filing his suit at law
within thirty days, failing in which he will be held to
definitely consent to the order of the Department ; the mine
owner may also bring suit within thirty days to review
the decision of the Department refusing his application for
expropriation.
If the landowner consents to or does not oppose the
administrative order as above provided, or such order is
confirmed or modified by final judicial decision, the mine
owner may apply to the competent judge requesting the
execution of an escritura publica of adjudication, which will
be signed by the judge upon failure of the landowner to
appear and sign it within a reasonable time to be fixed by
the judge. If the owner of the land is unknown or uncer-
tain, the petition for expropriation will be published for
thirty days as provided by the regulations ; if within such
time the landowner appears the foregoing procedure will be
observed, but if he does not appear, the Department of
Fomento may authorize the expropriation upon deposit of
the fixed indemnity, and the mine owner mav applv to the
i/ / t/ A L t,
judge for the escritura of adjudication; if the landowner
subsequently appears, he may receive the deposit, but cannot
contest the administrative decision decreeing the expropria-
tion. The landowner or his assignee (causahabiente} may,
however, within one year, recover the land expropriated, or
the part affected, in the event : 1, That the mine owner,
within one year, has not begun the work for which the land
was taken, or has suspended it for a like time except through
vis major; 2, that all or part of the land taken is used for
a purpose different from that for which it was expropriated ;
3, that the title of the mining property for the use of which
the land was taken has been forfeited. In such cases tlio
landowner will onlv refund the amount of indemnitv re-
586 COMPENDIUM OF MEXICAN LAW.
ccived or its proportional part, as the case may be. The suit
for recovery cannot be brought if the cause for which it lies
has ceased. (Arts. 88-96.)
CHAPTER 7.
PENAL PROVISIONS.
Art. 897. What Law Applicable Penalties.
Art. 897. What Law Applicable Penalties. Crimes
committed in violation of this law, and civil liability arising
under it, are subject to the Federal Penal Code, except as
herein provided certain fines and penalties imposed on
Mining Agents and experts for violations of the law and
regulations are omitted. Any person who without right ex-
ploits any of the substances mentioned in Art. 879, unless
through justifiable error, is subject to the following penal-
ties: 1, If the exploitation is made in free ground or
in pertenencias denounced or titled, by imprisonment from
one to two years and a fine from one to two thousand pesos;
2, if the denunciant exploits the property before obtaining
the title, by " arrest " for thirty days to eleven months, and
fine from sixteen to one thousand pesos. Disposing of ores
encountered in easement works is subject to the penalty in
clause 1 above ; the theft of ores by operatives or employes
of mining concerns is subject to two years in prison ; the
destruction or changing location of mining monuments on the
surface or inside the mines is punishable under Art. 497 of
the Penal Code: and interference by private persons with
the operations of the mining experts is subject to the penalties
of Arts. 904 to 908 of said Code. (Arts. 97-106.)
MINING LAW OF 1909. 587
CHAPTER 8.
SUITS JURISDICTION.
Art. 898. Federal and Local Courts.
Art. 898. Federal and Local Courts. The Federal Tribu-
nals have jurisdiction of suits in respect to : 1, Opposition to
denouncements or to issuance of titles ; 2, opposition to recti-
fication of titles or localization of titled pertencncias; 3,
nullity of mining titles ; 4, expropriation for mining pur-
poses ; 5, legal .mining easements; 6, crimes committed under
chapter 7 of this law ; 7, crimes endangering the safety of
mining works or the life of operatives in the interior work-
ings. (Details of determining jurisdiction are omitted.)
The Department of Fomento may bring suit to declare nullity
of a mining title for fraud or deceit within three years from
its date ; like suit may be brought by third persons inter-
ested. In all cases under this chapter the Ministerio Publico
will be heard, following instructions from the Department
of Fomento. All final judgments rendered in such suits will
be communicated to the Department.
All suits in regard to mining contracts referred to in chap-
ter 5, will be brought before competent local judges (del
ordcn comiin') in accordance with the Code of Commerce,
also all other mining suits not included in the seven clauses
above, in accordance with local legislation, the Code of Com-
merce or the Federal Civil Code, as the case may be. (Arts.
107-123.)
CHAPTER 0.
MISCELLANEOUS PROVISIONS.
Art. 899. Mining Explorations Rules.
900. Inspections Police Regulation.
901. Foreigners and Mining Rights.
588 COMPENDIUM OF MEXICAN LAW.
Art. 00"2. Payment of Mining Taxes.
903. Computation of Time.
904. Mining Agents Fees.
905. Mining Titles Loss.
906. Regulations of Mining Law.
907. Transitory Provisions.
Art. 899. Mining Explorations Rules. Mining explora-
tions are subject to the prescriptions of the Regulations of
this law and to the special police regulations, in accordance
with the following bases: 1, To determine the zone of ex-
ploration, a fixed and easily identifiable point will be taken
as the center of a circumference not to exceed five hundred
meters ; 2, explorations cannot be made on private property
without the permission of the owner; if he refuses it, the
applicant may apply to the Alining Agent, who, after hearing
the landowner, and in observance of the regulations, will
grant the required permission, if there is no legal cause to
the contrary, upon the explorer giving bond to cover any
damage caused to the owner ; 3, explorations on public lands
can only be made with the permission of the Alining Agent,
who cannot refuse it without legal cause ; 4, the period for
exploration cannot exceed sixty days, which cannot be ex-
tended, from the date of granting the permit, where granted
bv the Mining Agent, or from the date the permit from the
owner is registered in the Agency; ,">, during the period of
exploration only the explorer can present denouncements for
mining pcrtenencias within the zone; C, new permits to ex-
plore all or part of the same zone cannot be granted within
six mouths after the expiration of the former permit; 7, in
case of controversy between the explorer and the landowner
as to the limits of the zone, the former must make the proof;
8, zones of exploration cannot be granted in lands on which
mining work has been done although the pertenencias have
been abandoned, nor within a distance of two hundred meters
of a mining property. u<">r within the boundaries of towns;
!, the Minim: 1 Police Regulations will determine within
what distance from buildings, railroads and other pub-
MIXIXG LAW OF 1909. 589
lie or private constructions, mining explorations may be
carried on, also in what cases and under what conditions
mining works may be carried on in the subsoil pertaining
to buildings and public or private constructions. (Arts.
124-125.)
Art. 900. Inspections Police Regulation. The Depart-
ment of Fomento may send its inspectors to visit mining
properties and their annexed installations used directly for
mining works, for the purpose : 1, Of determining whether
the mining police regulations are duly complied with ; 2,
to obtain scientific and statistical data concerning mining;
also at the request of any interested party, or ex officio where
it suspects that free lands are being invaded, to ascertain
whether other mining properties or such free lands are being
invaded ; in no event can the inspectors inquire into the com-
mercial status of the business.
The Department of Fomento may order the suspension of
mining works which do not conform to the police regulations
if the life of the mine operatives is endangered ; such order
of suspension must be based on the reports of the inspectors
who have visted the place, or investigations made by the
local authorities, and will be limited to the point or zone of
danger, and the suspension will continue until the cause is
removed ; in grave and urgent cases the suspension may be
decreed at the instance of the Governor or Jcfe Politico
without the necessity of such report or investigation ; in such
cases the Department will order an official inspection to be
made in the shortest time possible. Coal mining works which
may endanger the life of operatives, the safety of the work-
ings or the stability of the soil are subject to the mining po-
lice regulations. (Arts. 120-133.)
Art. 901. Foreigners and Mining Rights. Without pre-
vious special permission from the Executive of the Union,
no title of mining property can be issued to foreigners who
590 COMPENDIUM OF MEXICAN LAW,
denounce pertenencias within a zone of eighty kilometers
along the boundary line with foreign countries, even when
the denouncement is made jointly by foreigners and citi-
zens ; nor without such permit can foreigners acquire by
any other title mining property or real rights in or to the
same within such zone ; foreign corporations are incapable of
denouncing or otherwise acquiring mining property or real
rights in and to the same within such zone of eighty kilo-
meters ; all acquisitions made in contravention of the fore-
going provisions are void, and the suit for nullity may be
brought by any person interested or by the Ministerio Publico
under instructions from the Department of Fomento. The
Regulations " will prescribe the time within which the per-
mits above referred to must be solicited and the conditions
under which they will be granted : if permit is refused the
land denounced will be declared free, and the money de-
posited will be applied as provided in cases of desistment.
Where a foreigner acquires mining properties or real rights
to the same, within such zone, by inheritance or through
judicial adjudication in payment of debt, he must dispose
of the same within one year, unless within that time he
obtains the permit above referred to ; where a foreign cor-
poration obtains such property or rights in the same way, it
must in all cases dispose of it within one year. The judi-
cial authorities before whom the heredity proceedings or
adjudication are conducted will give due notice to the Depart-
ment of Fomento of the existence of such proceedings. The
Executive of the Union, through the Hinisterio Publico, will
proceed to obtain the seizure of such mining property and
rights acquired or held in contravention of the foreaoinir
provisions, and the same shall be sold at public auction in
accordance with the provisions of the Federal ("'ode of Civil
Procedure; the proceeds obtained, after deduction of costs
and t;ixe>, will remain subject to the disposition of the inter-
ested parti^. (Arts. 136-144.)
MINING LAW OF 1909. 591
Art. 902. Payment of Mining Taxes. Any person may
pay the property tax on a mining property, but only one
having a legitimate interest in preventing the forfeiture of
the title has the right to require the owner to reimburse him
for what he may pay ; in the latter event the claim for re-
payment shall have preference over all other debts payable
out of the value of the mining property, including mortgage
debts. (Art. 145.)
Art. 903. Computation of Time. Unless otherwise provided
herein, the terms fixed in this law and in the regulations will
begin to run from the day after the notice is given or the act
done, and the la,st day will be counted, Sundays and national
holidays and fast-days being excluded ; but the terms for pre-
scription and for judicial proceedings are computed accord-
ing to the provisions of the respective laws on the subject.
(Arts. 146-147.)
Art. 904. Mining Agents Fees. The Department of
Fomento will determine the number of Mining Agents and
the territory within which each is to act, and will decide all
questions arising in regard to their jurisdiction; their ser-
vices will be paid according to the schedule of fees issued by
the Department. 8 (Arts. 149-150.)
Art. 905. Mining Titles Loss. ^lining titles issued by
the Fomento will be signed alone by the Secretary of the
Department. Where the loss or disappearance of a mining
title is satisfactorily proven to the Department by the mine
owner, a duplicate may be issued to him at his cost, reciting
in it the reason for its issuance. (Arts. 151152.)
Art. 906. Regulations of Mining law. The Department of
Fomento will issue the general Regulations of this law, the
special mining police regulations and other reglamentary
8 See Arts. !V20-n:!0
.592 COMPENDIUM OF MEXICAN LAW.
provisions intended to make effective the provisions of the
law. (Art. 153.)
Art. 907. Transitory Provisions. This law will go into
effect January 1, 1910; contracts for explorations will con-
tinue in force according to their provisions ; pending mining
applications will be disposed of according to the terms of
this law. Pending lawsuits will be transferred to the Fed-
eral Courts; pending cassation proceedings will proceed to
decision according to the general laws applicable. Six
months are allowed for mine owners who have not complied
with the first part of Art. 2 of the law of June, 1892, to
prove their compliance therewith to the Department, after
which time, if not complied with, their titles will be forfeited
and the land freely subject to denouncement ; one year is
allowed to mine owners in which to set up monuments ; any
one failing to comply is liable for all damages caused to a
third person, and to a fine of from one hundred to five hundred
pesos to be imposed by the Department, and if he persists for
thirty days in failure to comply he will be liable to crim-
inal proceedings, and the Department may construct the monu-
ments at his expense.
Mining titles, acts and contracts registered prior to
January 1, 1910, in accordance with existing laws or regu-
lation-, need not be registered anew; those subject to registry
under this law must be registered, and will take effect as
to third persons from the date of registry. After January
1 all laws relating to mining, mining rights and denounce-
ment-, except those of a fiscal character, which will remain in
force in so far as they arc not modified by the present law 7 ,
arc repealed. (Arts. 1-9.)
MINING REGULATIONS. 593
TITLE II.
MIXIXG REGULATIONS.
(Decreto de 15 de Dicicmlrc de 1909.)
CHAPTER 1.
MIX IX G AGEXTS.
Art. 908. Appointment and Qualifications.
909. Duties of Agents Fees.
Art. 908. Appointment and Qualifications. The Agents
of the Mining Bureau of the Department of Fomento must
be Mexicans in the exercise of their rights ; they will be
appointed by the Department, and will receive, and act upon
(tram ilar] the denouncements of mining properties filed with
them, and perform the duties assigned to them by the min-
ing law r and regulations and by the orders of the Depart-
ment, and in cases of doubt as to their application they will
consult the Department. The Department will establish the
Districts within which the Agents are to act, and besides the
principal Agent, will appoint one or more deputies
(suplentcs*) as required by the volume of business in the
mining agency, who shall have the same qualifications as the
Agent. (Details of supplying the service in case of absence
or death of the Agent are omitted.) The Agents cannot act
in case of any legal impediment, which are: 1, Having an
interest direct or indirect in the matter: 2, any such interest
on the part of any consanguineous relative in the right, line in
any degree; by collaterals within the fourth degree and by
affinity within the second degree, both inclusive: o, being the
agent, partner, clerk or administrator of any of the parties;
4, to have been an agent, lawyer, attorney or expert in the
matter under consideration; in such cases they will make a
note of the fact ami call upon the suplcnlc to act. In places
594 COMPENDIUM OF MEXICAN LAW.
not within the district of any Mining Agency, denounce-
ments of mining property, notices (avisos}, and exploration
permits (constancias de permisos) will be presented to the
Postmaster, who will endorse thereon the day and hour of
presentation, and will immediately notify the Department
of Fomento by telegraph, if there is one, and by mail. (Arts.
1-6, 8-10.)
Art. 909. Duties of Agents Fees. ^lining Agents must
observe the following requirements : 1, To affix on the exte-
rior of the Agency in a place easily visible to the public, a
sign with the words: "Agenda de Mineria de la Sccretaria
de Fomento"; 2, to keep on the outside of the Agency a
permanent announcement of the office hours, which cannot
be interrupted except on Sundays and national holidays ; 3,
to keep on the outside of the Agency, or if not possible, at
the entrance, in a place easily visible and accessible to the
public, a bulletin board on which they will make the publica-
tions required by the Law, Regulations and other legal pro-
visions ; 4, to keep inside the Agency in a visible and easily
accessible place, a clock showing the local time ; 5, to make
and keep up to date an inventory of the records (arcliivo}
of the Agency ; 6, to keep a register of denouncements, en-
tering them therein in strict order of dates and numeration
and without leaving blank lines between the entries ; 7, to
keep a register of mining explorations, entered in the same
way as above ; 8, to keep a register of licensed experts, such be-
ing those who have been received in some official establishment
of the Republic to exercise the profession of engineer, or whose
diplomas (tiiidos) have been accepted or recognized by the
Government ; 0, to forward to the Department of Fomento,
within the first ten days of each month, a detailed report of
denouncements admitted, of notices and applications for
exploration permits, or of applications for the rectification,
reduction or division of patented mining properties presented
to them during the previous month.
MIXING REGULATIONS. 595
The revision of the decisions of the Mining Agent, under
Art. 48 of the Law, does not operate to suspend the proceed-
ings in a case except where specially so provided in the Law,
Regulations or otherwise. The Mining Agents will collect
their fees in accordance with the Schedule of Fees issued by
the Department of Fomento. 1 (Arts. 11-12.)
CHAPTER 2.
DENOUNCEMENTS OF MINING PROPERTIES.
Art. 91ft. Presentation Requirements.
911. Expert Selection.
912. Appointment Proceedings.
913. Proceedings of Expert Plans.
914. Same Reports Monuments.
915. Proceedings on Report Setting Monuments.
916. Issuance of Titles Publications.
Art. 910. Presentation Requirements. Denounce-
ments must be filed with the Mining Agency of the District
in which the property denounced is located, or before the
Agency of either District where the property lies in two or
more Districts. If several denouncements of the same prop-
erty are presented before different Agencies having jurisdic-
tion, only the one filed first is valid, and it must be pro-
ceeded with before the Agency in which it was filed. Besides
the data specified in Art. 883, the denouncement must state
the fixed point from which measurements are to start, and
in order to readily identify the laud where the perfenencias
are to be measured, will mention any well known points in
the vicinity. Xo denouncement shall be admitted which does
not set out specifically the names of all the demmciants, or
which is not signed by such persons or by their legal repre-
sentatives. (Arts. 13-17.)
i See Arts. 920-930.
596 COMPENDIUM OF MEXICAN LAW.
Art. 911. Expert Selection. Within three days after the
admission of a denouncement, the Mining Agent will appoint
an expert to measure the pertenencias and demasias de-
nounced and to make a plan of the same., which shall clearly
show the points on the boundaries of the property where
monuments must be constructed, as well as all the monuments
found within a zone of one hundred meters around the same
and belonging to adjoining or neighboring mining properties.
The Agent will appoint the expert named in the denounce-
ment if he is licensed ; but if none is named in the denounce-
ment or he is unlicensed, the Agent will freely make the
appointment, giving the preference to licensed experts of the
place, and only if there are none he may appoint practical
persons of the locality if in his judgment they are com-
petent to discharge their duties satisfactorily. If the Agent
rejects the expert proposed he must state his reasons, and the
party interested may make complaint about it to the Depart-
ment within three, days after notice of the same, after which
tiiiH it is irrevocable; the Agent will forward the complaint
to the Department within three days after it is filed ; the
proceedings will be suspended from the filing of the complaint
till the Agent receives the decision of the Department; the
.Agent will make the proper entry on the record.
The expert must advise the Agent within eight days after
notice of his appointment whether he accepts it or not; if
he does not accept or reply, the Agent will notify the denun-
ciant so that lie may appoint another licensed expert, if he
had named one in the denouncement, and a new expert will
be a] (pointed as above prescribed, within the tmextendable
term of fifteen days, at the end of which, if no expert accepts,
a copy of the record will be forwarded to the Department,
which will declare the discontinuance of the denouncement,
such declaration being published for eight, days on the bul-
letin of the Agency, after which time any person may de-
nounce the properly; the Agent will enter the facts in his
record. (Art-. 1^ 1'fl.)
MIXING REGULATIONS. 597
Art. 912. Appointment Proceedings. The appointment
"being accepted by the expert and duly recorded, the Agent
will fix an unextendable term of sixty days within which he
must present in quadruplicate the plan above required, ac-
companied by an explanatory report. The ^gent will issue
in duplicate an extract which will contain: 1, An abstract
of the denouncement, showing clearlv the name and domicile
o mJ
of the dcnunciant and the serial number of the record ; 2,
the name, domicile and acceptance of the expert ; 3, the
statement that the unextendable period of one hundred and
twenty days, counted from the date of the extract, has been
assigned within, which the record in the Agency must be
made up. A copy of the extract will be posted on the bul-
letin of the Agency for thirty days ; another copy will be
delivered to the demmciant to be published at his cost three
consecutive times in the official newspaper of the respective
State, Territory or Federal District, within forty days after
the date of the extract, and within said one hundred and
twenty days the deuunciant must file copies of the papers
containing said publication, to be added to the record ; of all
which due record will be made ; such publication has the
effect of citation to all parties concerned in opposing the
denouncement of the mining property in question. A cer-
tified copy of his appointment will be given to the expert,
concluding with a warning that whoever resists the perform-
ance of the field-work to be done by the expert will be liable
to the penalties prescribed in Art. 897, and in case of re-
sistance the expert will call upon the local authorities for
assistance. (Arts. 21-23, 20.)
Art. 913. Proceedings of Expert Plans. The field work
of the expert on the land will be done in such a way as to
obtain the lengths ( longitudes} of the horizontal projections
of the boundary lines of the mining property, and the angles
formed by such lines with the astronomical meridian : and
so that one or more t the vertices oi the perimct"r shall
598 COMPENDIUM OF MEXICAN" LAW.
refer each to at least two fixed points on the ground, or to
only one fixed point if the distance thereto is also deter-
mined ; and data necessary to verify the work will be gath-
ered. The location and measurement of the property on the
land confers no right to occupy the same, but only serves to
define the boundaries of said mining property.
The plans of mining properties must be drawn on linen-
mounted paper, for their preservation, and the copies on
drawing-linen; said plans shall contain: 1, The name of
the mine ; the place where it is located ; the Municipality,
District, Partido, Canton or Department, and State, Terri-
tory or Federal District, together with other data serving
to identify the mining property; 2, the lengths (longitudes)
of the sides of the perimeter of the mining property, and the
azimuths of said sides, or their directions with respect to the
astronomical meridian; 3, the area in Jicctares comprised
within its boundaries ; 4, the scale, which must be entirely
decimal ; 5, although a compass was used, only the astronom-
ical meridian will be indicated, which will be represented
by a line parallel to the right edge of the paper of the plan
and so oriented that its upper end will indicate the astro-
nomical north ; 6, the pointers or references (visuales de
referenda) to fixed and notable points of the land; 7, the
adjoining mining boundaries; 8, the date and the signature
of the expert. (Arts. 24-25.)
Art. 914. Same Reports Monuments. The explana-
tory report in regard to the measurements of the mining prop-
erties must contain the description of the technical operations
conducted and all the data shown on the plans, so that if
necessary the plans could be reconstructed from the data of
the report, and in addition the report must show the location
of the property and the relative position of the pertenencias
comprised in it, as indicated in the denouncement, with
pertinent remarks in the event of any discrepancy. The
expert will cause solid foundations of masonry (mamposteria)
MINING REGULATIONS. 599
to be constructed at the places where monuments arc to be
set up, such foundations not to be less than fifty centimeters
high, level on top and square in shape with sides not less
than fifty centimeters, and signs will be placed thereon so
that each of the monuments may be easily recognized and
identified in accordance with their designation on the plan.
The expertswill follow the terms of the denouncement in mak-
ing the locations and measurements, and will indicate on the
plans not only the monumuents of the adjoining mining prop-
erties outside of the pcrtenencias denounced but those within
such pertenencias., and will set out all matters called to their
attention by the denunciant, the adjoining owners or by any-
one considering himself prejudiced by the expert operations.
Upon the filing of the expert's report in the Agency, notice
of the fact will be published for fifteen days on the bulletin
of the Agency. (Arts. 2C-28, 30.)
Art. 915. Proceedings on Report Setting Monuments.
At the expiration of the one hundred and twenty days above
provided, if there has been no opposition, or if it was based
on any of the causes stated in Art. 886, or where final
judgment has been rendered by the tribunals in favor of the
denunciant, the Agent, on his strictest responsibility, and
within the next fifteen days, will make up a copy of the
record and forward it, with three copies of the plan, by
registered mail to the Department of Fomento ; such copy of
the record will include a complete copy of the extract of
the denouncement. The denunciant will be notified, in
accordance with Art. 885, that a period of thirty days is
allowed him within which he must set up the monuments
and to certify that he has done so, for which purpose a copy
of the plan will be furnished him, which he must return
certified, and with exact indication of the places where the
monuments have been set and the distinctive signs placed
thereon; said certification shall show as a certain fact that
the monuments have been set up at the places on the ground
600 COMPENDIUM OF MEXICAN LAW.
indicated on the plan, and will be attested, if possible, by;
the expert who made it, and if not, by some other licensed
expert, or if there is none, by some practical expert of rec-
ognized ability.
In setting up the monuments the following requisites will
be observed : 1, Their position shall not be changed unless
the mining properties of which they mark the boundaries
are themselves changed ; they must be solidly constructed and
always maintained in good condition ; 2, they must be set up
in convenient places, in such number as may be necessary
so that from each one the next monument on either side
may be seen, and by their size, shape, color or other charac-
teristics may be distinguished from the monuments of adjoin-
ing mining properties. (Arts. 3133.)
Art. 916. Issuance of Titles Publications. Upon the
issuance of a title to mining property, it will be delivered to
the denunciant or forwarded to him in care of the Mining
Agent, together with a copy of the plan sealed by the Depart-
ment of Fomcnto, which will notify the Treasury Depart-
ment of the issuance of the title. As soon as the Mining
O
Agent receives a title for delivery to the denunciant, he will
post a notice for thirty days on the bulletin notifying the
denunciant to call for it; if the latter does not call for it
within such time, the title will be added to the record to-
gether with the notice; the title will remain in the Agency
at the disposition of the interested party until receipt by
the Agency of the notice of forfeiture of the property, in
which event the document, if not reclaimed, will be returned
to the Department of Fomento.
The publication referred to in Art. SS7 will be made for
thirty days on the bulletin of the Agency, and for ten con-
secutive times in the oilieial newspaper of the respective
State, Territory or Federal District. The notice that a min-
ing property is Free will be published for twenty davs on
the bulletin, counted from the dav and hour that the notice
MIXING REGULATIONS. 601
is posted, until the same hour of the last day, excluding
Sundays and national holidays. (Arts. 34-36.)
CHAPTER 3.
OPPOSITIONS.
Art. 917. When to be Filed Proceedings.
Art. 917. When to be Filed Proceedings. Oppositions
based on any of the grounds stated in clauses 1 and 2 of
Art. 886, can only be allowed within ninety days from the
date of publication of the extract. Upon the filing of oppo-
sition, the Agent will at once notify the denunciant by notice
posted for ten days on the bulletin, stating the names of
the oppositor and of the denunciant and the number of the
record, in which he will enter the fact of publication and
attach the original notice. On the same day of the receipt
of the expert's report and plans, the Agent will cite the
interested parties to a meeting to be held within fifteen days ;
such citation to be made by an order sent by registered mail
and posted also for three days on the bulletin, adding the reg-
istry receipt and the notice to the record ; at such meeting
the Agent will endeavor to bring the parties to an agreement
and avoid litigation, an entry of everything done being made
in the record ; if at the meeting the parties do not come to
an agreement nor choose to settle the matter through admin-
istrative proceedings, the Agent will transmit the record to
the tribunals within forty-eight hours as provided in Art.
886. If after transmitting the record to the tribunal before
the ninety days is elapsed, a new opposition is filed based on
any of the grounds stated in Art. 8S6, the Agent will not
admit the same but will refer the oppositor to the tribunal
to establish his claims; if based on any other ground- than
as above, the Agent, will retain the opposition and add it to
the record when returned from the tribunal.
002 COMPENDIUM OP MEXICAN LAW.
if at the meeting the parties choose the administrative
proceedings, a record (acia) of the same will be made and
signed by all parties, and the proceedings will be continued
until the end of the term of one hundred and twenty days.
Where the Department of Fomento decides to consider an
opposition based on any of the grounds stated in Art. 88 G, it
will order that the same be proceeded with in the Agency as
in other cases of oppositions under Art. 886. The Depart-
ment of Fomento, in deciding oppositions submitted for
administrative action, shall have entire freedom to order such
proceedings taken as it may deem advisable in order to in-
form itself, and after hearing the parties, who may submit
anything in support of their interests, will render such deci-
sion as may be just. (Arts. 37 M.)
CHAPTER 4.
PETITIONS FOR REDUCTION, EASEMENTS, ETC.
Art. 018. Reduction of Denouncements.
919. Reduction and Rectification of Portenencias.
920. Division of Mining Properties.
921. Documents Required with Petitions.
922. Easements Proceedings.
923. Exploration Permits.
924. Expropriation Proceedings.
925. Permits to Foreigners Conditions.
Art. 918. Reduction of Denouncements. Petitions for the
reduction of pending denouncements must be published for
twenty days on the bulletin board of the Agency, and one
time, during said period, in the Official Newspaper of the
State, District or Territory, at the cost of the applicant, who
must file one copy of the newspaper containing the adver-
tisement within the 120 days of the proceedings. Tf at
the time the reduction is requested, the expert has not filed
his plans, the Agent will notify him in order that he may
make new measurements and deliver his plans and report
MIXING KEGUI.ATIONS. COS
\vitliin the remaining time of the period of sixty days pro-
vided in Art. 912. At the expiration of the publication 011
the bulletin board, the Agent may admit denouncements of
the excess lands released by the reduction. (Art. 45.)
Art. 919. Reduction and Rectification of Pertenencias.
In case of reduction of pertenencias of a mining property
already titled, as provided in the Law, Art. SSS, the appoint-
ment of the expert and the delivery of the plans and report
will be made in accordance with. Arts. 911 and 912 ; and
upon their receipt by the Agent he will within fifteen days
forward a copy, of the expedients, together with the title and
its plan and the other documents hereinafter required, to the
Department of Fomento.
The proceedings for the rectification of a titled mining
property, as provided in the Law, Art, 889, will be the same
as for a new denouncement, and the monuments must be
located as hereinbefore prescribed. When the proceedings
are ended, the Agent will forward a copy of the expedient e
to the Department of Fomento, and upon its approval the
Agent will be directed to deliver to the interested party the
certified copy of the record to be added to his title papers.
(Arts. 46-48.)
Art. 920. Division of Mining Properties. Petitions in re-
gard to the division of a mining property into two or more
will be addressed to the Department of Fomento, either di-
rectly or through the proper Alining Agent, with as many
plans, in quadruplicate, as may be required by the division,
together with a report rendered by a licensed expert, or if
there is none, by a practical one of recognized ability, the
plans being authenticated by the expert. The applicant will
also forward the documents required by the following Article,
and the stamps for the issuance of the new titles. Upon the
approval of the plans by the Department, it will allow a rea-
sonable time for the erection of the monument- to mark the
004 COMPENDIUM OF MEXICAN LAW.
new mining properties, failing to comply with which during
said time the applicant will be held to have abandoned his
application. (Art. 49.)
Art. 921. Documents Required with Petitions. Petitions
for the reduction, rectification or division of mining property
the titles of which have already been issued, must be accom-
panied by the following documents: 1, The title and plan
of the property ; 2, a voucher showing that the Federal taxes
on the property are paid up to date ; 3, document showing that
the applicant is the owner of the mining property or is legally
authorized to make the application ; 4, in case of reduction, it
is also necessary to produce the certificate showing that the
property is unencumbered, or a document showing the con-
sent of any mortgage creditors to the reduction. (Art. 50.)
Art. 922. Easements Proceedings. Petitions to the De-
partment of Foment o for the establishment of easements in
accordance with the Law, Art. 893, must be accompanied by
a report of a licensed expert, or if there is none, by that of a
practical one of recognized ability, showing the necessity for
and extent of the easements. Upon filing the petition, a
citation will be issued to the owner of the servient estate,
notifying him that if he does not appear on the day fixed, the
petition will be granted; if he does not appear on said day,
or after a hearing if he does appear, and after such pro-
ceedings as it deems proper, the Department of Fomcnto will
render its decision. Petitions for easements of passage must
be accompanied by such plans and expert report- and other
data as the applicant deems material and necessary; and the
Department will allow ,-iu-li means of transportation in each
case as it may deem proper. (Arts. r>l-.~2.)
Art. 923. Explorations Permits. Petitions for explora-
tion permit- nin-t be filed in duplicate, together with a certifi-
cate i--iied by a licenced export showing that no minimi 1 works
MINING REGULATIONS. 605
have been carried on in the zone of exploration, and that the
limits of said zone are at least two hundred meters distant
from the boundaries of the nearest mining property ; the
duplicate will be returned to the applicant by the Agent after
he has noted thereon the day and hour of its presentation.
If the exploration is to be made on private property, the ex-
plorer must solicit the permission of the owner or of his repre-
sentative, and if granted, the evidence of the same will be
presented to the Mining Agent that he may take note of the
same ; the explorer must make proof that the person granting
the permit is the owner of the land or is authorized to grant it.
If the owner or his representative does not grant the per-
mission, the explorer will solicit it of the Mining Agent,
stating in his petition the residence of the owner, and the
name of the surety who is proposed by the applicant for any
damages he may cause by the works of exploration ; the
petition will be published by the Agent on the bulletin board
for fifteen days, and he will notify the owner that unless he
makes objection his consent will be taken as granted. At the
expiration of the time of publication the Agent will allow
thirty days for the execution and approval by him on his
responsibility, of the bond, upon the giving of which he will
issue the permit, which shall indicate the zone and the fixed
point to serve as its center. The Agent will publish on the
bulletin board for thirty days an extract of the permit, stat-
ing the name of the explorer, the location of the zone and its
fixed central point, the day the exploration is to begin and the
termination of the sixty day period ; and in all cases the
Agent will declare in the permit or in the proof of publi-
cation, that the exploration works must be strictly subject
to the provisions of the Mining Police Regulations. (Arts.
53-56.)
Art. 924. Expropriation Proceedings. Petitions for ex-
propriation under the Law, Art. 806, must be presented to
the Department of Fomcuto directly or through the proper
606 COMPENDIUM OF MEXICAN LAW.
Alining Agent, accompanied by a report of a licensed ex-
pert, or if there is none, by a practical one of recognized
ability, and by plans authenticated by the expert, to the end
that the Department, in view of all the data and after hear-
ing the owner of the land, may make the proper decision.
If the owner of the land is unknown or cannot be found,
notice of the petition shall be published for thirty days on
the bulletin board and in the " Diario Oficial" of the Fed-
eration. (Arts. 57-58.)
Art. 925. Permits to Foreigners Conditions. Petitions
for permits to foreigners to denounce or acquire mining prop-
erty or real rights therein, as provided in the Law, Art. 901,
shall be directed to the Department of Fomento directly or
through the Mining Agent, upon filing the denouncement
or within sixty days after its admission. Such permits will
be granted upon the condition, which shall be expressed
therein, that the mining properties remain subject in all
respects to the Mexican laws, and that no right or claim
based on foreign citizenship (extranjeria) can be urged in
respect thereof, and that the Tribunals of the Republic alone
have jurisdiction to decide all questions which may arise in
respect to such properties, to the exclusion of all foreign in-
tervention. ("Art. 59.)
CHAPTER 5.
SCHEDULE OF FEES OF MIXING AGENTS
(Issued 10 December, 1909.)
Art. 020. Exploration Denouncements.
927. Reductions, Rectification and Division.
!)2S. Expropriations Easements.
020. Oppositions Copies Searches.
930. Rjrrht to Eees Irregularities.
Art. 926. Explorations Denouncements. Upon filing
FEES OF MINING AGENTS. GOT
notice of exploration on private lauds, accompanied by permit
of the owner, or petition for permit to explore on national
lands, there will be paid, for the entire proceeding's, $1.00 ;
but where permission is refused by the owner and permit is
solicited of the Agent, $8.00. For the entire proceedings on
a denouncement, including copy of the expediente, up to the
delivery of the title, where no " incident " of opposition or
reduction of pertenencias arises, fees will be paid in the order
as follows : 1, Upon filing and registry of the denounce-
ment, $2.00 ; 2, on acceptance by the Agent of the denounce-
ment, $10.00 ; 3, upon receipt by the denunciant of the copy
of the extract of the petition for its publication, $18.00.
(Arts. -1-2.)
Art. 927. Reductions, Rectification and Division. For the
proceedings for the reduction of pertenencias of a pending
denouncement, upon filing the petition, $8.00. For the en-
tire proceedings under a petition for rectification of a titled
mining property, in any of the cases under Article 923,
where no opposition is filed, up to the delivery of the new
title or copy of the proceedings to be added to the title, fees
will be paid in the order as follows : 1, Upon filing the
petition, $10.00 ; 2, upon receipt by the applicant of copy of
extract of the petition for its publication, $18.00. For pro-
ceedings under petition for division of mining property, up
to delivery of new titles, on filing petition, $5.00. For pro-
ceedings under petition for reduction of pertenencias of titled
mining property, upon filing petition, $10.00. (Arts. 3-6.)
Art. 928. Expropriations Easements. For all proceed-
ings under petitions for expropriations or easements, where
the Agent intervenes in them, on filing petition, $. . . . (the
amount is omitted in the text.) (Art. 7.)
Art. 929. Oppositions Copies Searches. In cases of
oppositions to a denouncement, the denunciant will pay, for
COS COMPENDIUM OF MEXICAN LAW.
the proceedings before the Agency, when the meeting for
agreement is held, $10.00, which amount he may recover by
suit from the oppositor. For copies of final judgments (eje-
cutorias) rendered in suits of oppositions to mining denounce-
ments, such copy to be added to the copy of the expedients for-
warded by the Agent to the Department of Fomento, for each
sheet or fraction, $2.00. For certified copies of expert re-
ports, or of all kinds of documents issued by Mining Agents at
the instance of interested parties, for each sheet or fraction,
$2.00. For comparison and authentication of plans, $2.00.
For taking note of any document, $1.00. For searching the
expedientes or other documents in the archives, $1.00 ; and
where insufficient data are furnished for finding it, $1.00
additional for each year the records of which must be
searched. (Arts. 8-11.)
Art. 930. Right to Fees Irregularities. Mining Agents
have the right to receive only the fees fixed by this Schedule,
and in cases not covered by it, they must consult the Depart-
ment in regard to the amount to be collected. Where pro-
ceedings on an expediente are interrupted without the Agent's
fault, no fees paid to him shall be refunded. Where on ac-
count of any irregularities committed by Agents, it is neces-
sary to repeat any proceeding, it shall be done at the cost of
the Agent, who cannot collect new fees for the same. (Arts.
12-14.)
TAXES ON PRECIOUS METALS AND MINES. 609
TITLE III.
MINING TAX AND FRANCHISE LAW.
(Ley solre Impuestos y Franquicias d la Mineria, de 25
Marzo, 1905.)
CHAPTER 1.
TAXES ON PKECIOUS METALS AND MINES.
Art. 930a. Stamp Tax on Gold and Silver.
930b. Same ^Exemptions.
930c. Assay and Other Duties Franchises.
930d. Mining Stamp Tax Fixed and Annual.
930e. Payment of Tax Penalties- Forfeiture.
Art. 930A. Stamp Tax on Gold and Silver. Gold and sil-
ver produced in the Republic or coining into it from a foreign
country, shall be subject to the internal Stamp Tax, except
only as herein provided ; said tax being hereafter paid as
follows: A. At the rate of 3 1 /> r /t on the value of the
gold and silver which are not treated (beneficiados) within
the country, but are exported in any form in which they
are combined or mixed with substances not properly metals ;
B. at the rate of 2^/2 % on the value of the gold and silver
which are treated in the country up to the point where they
are not combined or mixed except with other metals, and
whatever the fineness (Icy} of the product. For the purposes
of such tax, gold will always be of the value of $1.00 for each
75 centigrams of pure gold, and the value of silver will be
fixed by taking its average cash sale price in London during
the previous month, and converting such price into Mexican
money at the rate of exchange during said month ; the " Diario
Oficial " will publish the price of silver which shall serve
each month as the basis for the payment of the tax. Smelters
which refine gold or silver up to at least 999-lOOOths fineness
shall be entitled to a rebate on the - 1 -j/r tax upon the gold
and silver so refined, the amount of such rebate to be fixed
39
610 COMPENDIUM OF MEXICAN LAW.
by a decree of the Executive after a hearing of the interested
parties. (Arts. 1-4.)
Art. 930B. Same Exemptions. But the Stamp Tax
will not be paid on : A. Refined gold presented to the mints
for coinage or to the Government offices in exchange for
silver money, at the rate of 75 centigrams of pure gold
per peso ; B. Mexican and foreign gold and silver moneys of
current coinage ; C. silver exported in the form of ore, earth
or dust, whether in their natural state or mechanically con-
centrated, and in the form of cyanides, sulphides or fur-
nace slag, where the amount of silver contained in such
substances does not exceed 250 grams per ton; D. silver and
gold imported into the Republic in any of the above forms or
with a beginning of treatment and exported within four
months in the form of cakes, disks or bars after smelting
operations in Mexican establishments ; E. gold and silver
used in national industries ; F. samples of ores in their
natural state exported under the conditions prescribed by
the Regulations. (Art. 5.)
Art. 930C. Assay and Other Duties Tax Franchises.
Assay duties are only payable where the operation is per-
formed at the request of the interested parties, or is required
by law or regulation ; the smelting duties, where on account
of want of homogeneity of the bars or pieces it is necessary
to remelt them in order to assay and appraise the same ; the
duties of refining and separation, where such operations are
performed at the request of the interested parties in the
Government offices which are disposed for such service ; the
amount of such duties will be fixed in a Tariff to be issued
by the Treasury Department, based on the cost of the re-
spective services.
Smelting establishments which through special concessions
granted by the Government and which are in force at the
time ot lliis la\v, enjoy franchises in respect, to federal and
local taxation, may avail themselves of this law provided that
TAXES ON PBECIOUS METALS AND MINES. 611
they unreservedly renounce such franchises before the Treas-
ury Department ; in the meanwhile they shall not enjoy the
benefits of this law, and shall continue subject to the terms
of their concessions, to the law and regulations of 27 March,
1897, and to the other provisions of law now in force, in-
cluding the payment of the coinage duty. Said Law of 27
March, 1897, in respect to the tax on coinage is repealed.
Upon the expiration of the aforesaid concessions, they shall
not be extended or renewed, but said establishments shall
remain subject to all the common fiscal legislation. (Arts.
6-8.)
Art. 930D. Mining Stamp Tax Fixed and Annual. The
amount of special stamps which according to present laws
must be affixed to the titles of mining properties, shall be
$5.00 for each pertenencia protected by said titles, what-
ever minerals are exploited.
The annual tax on mining properties shall be paid as fol-
lows : A. The cuota shall be six ($6.00) pesos a year per
mining pertenencia, or two pesos for each third of a year
(tercio), whatever minerals are exploited; B. if the number
of pertenencias of a single mining industry exceeds 25,
and said pertenencias are contiguous, the rate of $6.00 shall
be paid only by the first twenty-five pertenencias, and will be
reduced to $3.00 on each pertenencia in excess of twenty-five.
Petitions for concessions of mining pertenencias and de-
masias must be accompanied by the certificate issued by the
local Stamp Tax office showing that the amount of the stamps
for the title, according to the number of pertenencias solicited,
has been deposited with said office ; such certificate will be
returned to the interested parties as soon as the stamps have
been cancelled on the titles or that the denouncement has been
finally -rejected.
The maximum amount of tax which the States or the Fed-
eration shall impose on mines, under Art. 4 of the Decree of
6 June, 1887, is reduced to l 1 /-*/^. 1 (Arts. 9-12.)
i The regulations of this la\v, for the oollcc-tion of the Stamp Tax
COMPENDIUM OF MEXICAN LAW.
Art. 930E. Payment of Tax Penalties Forfeiture.
The annual mining tax shall be paid in advance by tercios in
each fiscal year, and within the first month of each iercio,
to the Offices of the Hacienda to be fixed by the Regulations,
at which the mine owner must present himself to make the
payment, without the necessity of notice or any other requisite
which might serve for delay or excuse. The tercios above
mentioned shall begin with Xovember 1st (Amendment of
31 December, 1892) ; the tax for each tercio must be paid
before Xovember 30th, March 31st, and July 31st of each
year. For this purpose, the respective principal or subaltern
Stamp Offices will deliver to each mine owner interested a
Bolcia, which shall contain : 1, The heading " Impuesto
Mincro " ; 2, the name of the State and Municipality to
which the issuing Office belongs; 3, the name of the Mine,
number of pertenencias on which the tax is paid, Municipality
in which it is located, name of the owner, company or con-
cern in whose possession it is, and ordinal number of the
registry of the title ; 4, the quota of tax to be paid each tercio ;
5, three columns in blank in which the stamps for each tercio
will be attached and duly cancelled ; such Bolctas, showing the
stamps duly cancelled, must be kept in a visible place in the
business Office of the mining concern.
Failure to pay the annual mining tax within the first
month of each tercio incurs a fine against the owner of the
mining property, equal to 50 per cent, of the amount of the
tax, if snme is paid during the second month ; if paid within
the third month the fine will be 100 per cent., or double the
amount of the tax due; if within such time the tax and penal-
ties are not paid the mining property will be forfeited ipso
farfo, without any recourse, and the declaration of forfei-
ture will l>e made by the Department of Hacienda, and pub-
lisher] in the Diario ()/icial. whereupon the property is sub-
ject to denouncement by any other person. (Law <! June,
1 *!>:>: Arts. .", -0 ; Regulation :'5n June, 1M2. Art. 22.)
c> on Precious Motal>. arc of date
FEDERAL NOTARIAL LAW. 613
BOOK XV.
NOTARIAL LAW. PUBLIC INSTRU-
MENTS.
{Ley del Notariado, of the Federal Government, 1 of
19 December, 1901.)
CHAPTER 1.
PRELIMINARY PROVISIONS.
Art. 931. Qualifications Appointments, etc.
932. Exercise of Functions Disqualifications.
933, Protocols and Records How Kept.
Art. 931. Qualifications Appointments, Etc. The pro-
fession of Notary is a public function which can only be con-
ferred, in the Federal District and Territories, by the Execu-
tive, and is incompatible with any other business or public
office. A Xotary is an official appointed for life (Art. 72),
whose acts and instruments authorized by him are entitled to
public faith and credit ; such acts and instruments must be
kept written and signed in his protocol, together with such,
documents as the parties may present, to whom he will issue
such copies as may legally be issued. Such a number of Xota-
ries may be appointed as the public interests from time to
time may require : in places where there is only one Notary,
and he is absent or disqualified, the Executive may authorize
the Minor Judges in places where there is no Xotary to act as
i The Notarial Laws of the several States are substantial copies of
this Federal Statute, and the functions of the Notaries identical.
614 COMPENDIUM OF MEXICAN LAW.
notary within the limits of their jurisdiction ; where there
are several Xotaries in a place each may act anywhere
within the jurisdiction; a Notary cannot act outside
his jurisdiction, but instruments to have effect else-
where may be authorized by him. ^Notaries receive no
public salary, but are entitled to collect the fees fixed by the
tariff (aranccl) of Xotary fees. A Council of Xotaries is
established in Mexico City, composed of a President, Secre-
tary and nine members, elected January 1st of each year,
for the purposes of assisting the Department of Justice in
overseeing the compliance with this law, and to propose any
measures for the improvement of the system. The Xotariate
is responsible to the Executive through the Department of
Justice, but the Department of Hacienda may inspect the
notarial offices for the purpose of observing compliance with
the revenue laws, or otherwise as may be provided
by law, and will notify the Department of Justice when-
ever a ISTotary is to be proceeded against. Besides the duties
prescribed in this law, Xotaries must comply with the re-
quirements of the general laws in regard to examination of
documents, execution of instruments, and issuance of certi-
fied and other copies. (The details of qualifications and
appointment of Xotaries, etc., are omitted.) A Xotary in
Mexico City must give a bond of $5,000, and outside of the
city of $2,000, deposited with the Department of Justice.
The seal of the Xotary must represent in the center the na-
tional coat of arms, and have inscribed around it his name,
number and place of residence. (Arts. 1-20.)
Art. 932. Exercise of Functions Disqualifications. A
Xotary must reside in the place wherein he acts, and cannot
leave for longer than thirty days without leave from the
Department of Justice. The Xotary's office is called " N<>-
lar'tn Pi'thlica," and must be kept open at least from nine
till one o'clock and from three till six, and over the door,
which must be of easy access from the public street, there
FEDERAL NOTARIAL LAW. 615
must be a sign with the name, official designation and number
of the Xotary. The Xotary is obliged to exercise his func-
tions whenever required, but must refuse: 1, If the act
required is prohibited by law or is manifestly contrary to
good morals, or is one which should only be performed by
some other official ; 2, where any of the parties is his wife,
relation by consanguinity or affinity in any degree, or collat-
eral within the fourth degree inclusive ; 3, where the Xotary,
his wife, or any relation as above prohibited, is interested in
the act or in any of its stipulations, or is attorney or legal
representative of any party thereto. lie may also refuse to
act if the parties do not advance the charges and fees, except
in urgent cases 'of last wills he can only require advance
payment for the necessary stamps. lie cannot act while
another is filling his place during leave of absence. (Arts.
30-35.)
Art. 933. Protocols and Records How Kept. All jurid-
ical acts of a Xotary must be recorded in his protocol, which
he may keep in one or more books, not to exceed five, accord-
ing to the needs of the business of his office, and which must
be numbered and kept in strict numerical order of his notarial
acts, and special authorization of the Department must be
had to keep more than one. In connection with the protocols
he must also keep a portfolio (carpet a} or " Appendix " in
which to tile all documents relating to his notarial acts, which
will be arranged in bundles numbered to correspond with the
acts, and each document specified with an alphabetical letter.
He will also keep a special book in which Powers of Attorney
(Poderes} only will be recorded, each page of which will
contain a proper printed form, with blanks to be filled accord-
ing to the requirements of the parties, and printed certified
copies of which, with corresponding number, will be deliv-
ered to the parties, who may either use such forms, or execute
their powers of attorney in the same way as other contracts.
The Xotary will also keep an " Abstract Book " (Libro do
610 COMPENDIUM OF MEXICAN LAW.
Exiractos) which will contain a brief synopsis of the act,
its number and date, the names of the parties, witnesses and
interpreters, with their signatures, and that of the Notary
and his seal, and will be always preserved in the office of the
Notary. (Other details of keeping these books, which are
merely of administrative concern, are omitted.) When a
book is closed, or a Notary dies or goes out of office, all his
protocols and records, except the " Abstract," are deposited
and kept in the " Arcliivo General de Noiarias," in the De-
partment of Justice of the Nation, or of the several States.
The Notary will also keep an index of all acts, in duplicate,
one to be kept in his office, the other delivered to the General
Archives. The protocols cannot be taken out of the office,
except as herein expressly provided for the purpose of having
it signed by parties unable to come to the office, and the
records must be inspected, even by official inspectors, in the
office and in the presence of the Notary. (Arts. 36 iS.)
CIIAPTEE 2.
NOTARIAL INSTRUMENTS AND COPIES.
Art. 934. Form and Manner of Execution.
935. Same Original Contracts.
930. Foreign Documents Protocolization.
937. Other Documents and Records Form.
93S. Failure to Sign FiYects.
939. Minutes of Contracts "Blotter."
940. Compelling Signature Minutas.
941. Certified Copies of Notarial Acts.
942. Legal Eil'ect of Notarial Ads Authentication.
943. Wills Special Records.
944. Nullity of Fscrituras Liability of Notary.
94.1. Responsibilities of Notaries.
940. .1 /<// irn (inirrtil Functions.
947. Tariil 1 of Notarial Fees.
Art. 934. Form and Manner of Execution. The Notary
must himself compose or reduce to written form his notarial
FEDERAL NOTARIAL LAW. 617
acts or instruments (this original form being called the
matriz}, and record them in the proper book of his protocol,
attended by his assistant, or if none, by two unexceptionable
witnesses who can read and write, who are over twenty-one
years of age and residents of the town where the act is
executed, and he must issue the proper copies. Every no-
tarial act must be " extended " in conformity with the
following rules: 1, It must be composed in the Spanish
language and be written with indelible ink, in clear hand-
writing, without abbreviations, arithmetical figures, erasures,
corrections or blanks ; 2, the Notary must state his name and
surname and the place of execution ; 3, the date of execution,
name and surname, age, status, business or occupation and
residence of the parties, of his assistant or of the witnesses
to the instrument, and of any other witnesses required by
law ; 4, he must certify that he knows the parties and their
legal capacity, or that these matters are vouched for by two
witnesses whom he knows ; if there are no such witnesses or
they are not qualified to attest, the instrument cannot be
executed, except in grave and urgent cases, the reason for
which must be recited, and if any document is presented in
proof of the identity of any of the parties, it will also be
entered ; the assistant or instrumental witnesses can in no
event act as witnesses to identity ; 5, the act or contract must
be set forth in clear and concise clauses, avoiding all useless
and antiquated formulas ; 6, the subject-matter of the contract
must be distinctly stated so as not to be confounded with any-
thing else, and if it be real estate, its nature, location in its
proper municipality, district and State, its boundaries, and
as far as possible its topographical limits and superficial area
must be stated; 7, any document presented will be literallv
transcribed, compared, sealed and rubricated, and in the
proper case filed in the Appendix ; 8, the renouncement or
waiver by the parties of any law, which is not prohibitive,
or affecting the public interests, rights, or good morals, must
be precisely stated, observing the provisions of the law on the
618 COMPENDIUM OF MEXICAN LAW.
subject; 9, it must appear that the force and effect of the
several clauses were explained to the parties ; 10, the hour
must be stated where required by law; 11, the Xotary must
certify that the instrument was read to the parties and wit-
nesses ; if any party is deaf he must himself read it, and the
fact be recited ; if he cannot read it, he will designate some
one to read it in his name, and the fact will be certified ; 12,
if any party does not know the Spanish language, he will
select an interpreter, who must " protest " before the Xotary
that lie will faithfully perform his duty; the other party
who knows the language may also have an interpreter; the
interpreters will be named and described in the act and will
sign it, and all the circumstances will be recited; 13, at the
end of the instrument all words crossed out or interlined
will be mentioned and their number stated : words must be
so crossed out as to remain legible ; 14, the parties and wit-
nesses of identity will sign, if they can, if not, the circum-
stance will be recited ; the instrumental witnesses or the
assistant will then sign, and finally the Xotary, who will
also affix his seal; 15, if the parties wish to make any addi-
tion or alteration before the Xotary signs, it will be written
in without leaving any bl ank spaces, with the statement that
it was read, and all will sign and the seal be affixed as above
provided. (Arts. 49-50.)
Art. 935. Same Original Contracts. An escritura pub-
llca may also be extended in respect to any contract already
made between the parties, where the original is presented, in
writing, signed by the parties and properly stamped ; but for
such escrituras to be valid, it is necessary, besides the condi-
tions required by law: 1, That the parties are present in
person or by attorney with special power; 2, that the written
contract comply with the requirements of clauses 1, 5, 6, 8,
13 and 14 fas to signatures of the parties) of the preced-
ing Article; 3, that the Xotary extend in his procotol an
act fxjMiiiuing brieflv in abstract the nature of the contract.
FEDEKAL NOTARIAL LAW.
and complying with the requirements of clauses 1, 2, 3, 4,
7, 9, 10, 11, 12, 13, 14 and 15 of the preceding Article, and
reciting moreover that the original contract, read and ex-
plained to the contracting parties, agreed to and ratified by
them, signed and sealed on the margin of each of its pages
by the Xotary and signed in the same way by the parties,
remains added to the Appendix under its proper number
and stating the number of pages it contains ; 4, that he shall
send within three days to the Archive General de Notarias a
notice of the execution of the contract, noting that fact on
the margin of the act, which he will sign and seal. The
paper and writing of said original contract must be, like
the pages of tne protocol, 35 centimeters in length by 24
in width in their utilizable part, and contain not more than
forty lines of writing, at equal distance apart, leaving a
blank space of one-third part to the left of the writing ; fail-
ure to observe these requirements does not affect the validity
of the contract, but is subject to the penalties fixed by the
Stamp Law, besides a fine against the Xotary of from $25
to $100 ; Xotaries must conform as far as possible to the
same forms in respect to judicial documents which they are
required to protocolize. (Arts. 51-52.)
Art. 936. Foreign Documents Protocolization. Foreign
public instruments may be protocolized in Mexico upon order
of the judge, who will first cause the document to be trans-
lated into Spanish, and require the legalization of signatures,
and will see that it complies with the requirements of Art.
145, unless otherwise provided by treaties with the foreign
country from which it comes. (Art, 53.)
Art. 937. Other Documents and Records Form. Every
escntura will be numbered on the margin in progressive
order, with the names of the parties and the nature of the in-
strument ; no space shall be left between one escritura and an-
other than is necessarv for signatures and seal. Instruments
620 COMPENDIUM OF MEXICAN LA\V.
other than contracts and wills, which the laws permit or
require a Xotary to authorize, will be extended under their
proper number in the protocol, and observing the require-
ments and form which such laws prescribe, and those
of clauses 1, 2, 4, 7, 10, 13 and 15, and the material por-
tions of clauses 3, 5, 6, 11, 12 and 1-i, of Art. 934. (Arts.
54-55.)
Art. 938. Failure to Sign Effects. Xotaries are prohib-
ited to authorize an escritura unless the parties sign it within
the unalterable term of thirty days from its date ; where
the signatures are collected by separate acts on different
days, the day and hour of signing must be stated, on the
Notary's responsibility ; those acts which according to law
may be protocolized without the appearance and express
consent before the Notary of all the parties, can only be
reduced to escritura piiblica by judicial order. In the urgent
cases stated in clause 4 of Art. 934, the escritura and its cer-
tified copies will be valid, if the identity of the maker is
afterwards proven. (Arts. 5G 58.)
Art. 939. Minutes of Contracts " Blotter." Xotaries are
not required to keep a " Blotter " or Minute-book of escri-
turas, but they must accept all minutes presented by the
parties, and certify that they were signed in their presence
or proceed to verify the signatures ; the minutes will be
kept on file, and when the notarial instrument is signed
will be cancelled; minutes of contracts have no other effect
than to require the parties to execute the corresponding
escritura or make compensation in damages. (Art. 59.)
Art. 940. Compelling Signature Minutas. Wherever it
is required by law or by the agreement of the parties, that
a contract be executed in escritura piiblica, and one of them
refuses to >iin it, the other may compel him to sim or to
pay all damages caused. For this purpose Xotaries shall
FEDERAL NOTARIAL LAW.
extend no instrument in their protocols without first requir-
ing' the interested parties to sign the minute or blotter
(iniiiuta 6 borrador) of it before him, or if they cannot
write, to express their consent before the Kotary and two
witnesses, which fact will be recited in the instrument.
Where the foregoing requirements have been complied with,
and the party refusing to sign fails to justify his refusal,
the judge will sign, and such fact will be stated in the
escrliura, which will be considered perfect upon the judg-
ment becoming final. (Code Civil Proc., Arts. 9-10.)
Art. 941. Certified Copies of Notarial Acts. The Notary
must issue under liis signature and seal the first copy (testi-
monio) of any act, upon compliance with the requirements
of the Stamp Law and payment of all other taxes, indicat-
ing at its close and on the margin of the matrix, the number
of sheets of paper it is on, the name of the party to whom
issued and for what reason, and the date of issuance, and
must deliver it to the party ordering it within three days
if of not more than five sheets and within six days if con-
taining more ; each sheet of the copy must be sealed by the
Xotary, and all words crossed out or interlined will be
mentioned at the end the same as on the record ; the proper
amount of stamps must be affixed to the copy, except where
the copy is ordered by authority for use in criminal or reve-
nue matters, in which cases he will authorize it with his seal
on each page and his signature at the end, and it can be used
for no other purpose. Second and other copies (capias^
may be issued at the request of the proper parties where it
docs not prejudice third persons, such copies being num-
bered in order; the paper used for all copies must be of the
size required by law, eacli page containing at most forty lines,
and having on each side a margin of one-eight the width of
the page. Xo other contract, including assignments, sub-
rogations, and substitutions of powers of attorney, can bo ex-
tended at the end of the certified copy of another cwriiura,
622 COMPENDIUM OF MEXICAN LAW.
but only in the protocol, making the corresponding notation
on the matrix and on the copy of it, and a copy of the new
contract must also be issued ; nor can any notarial act be
revoked or modified by simple notation on the margin, but
a new escritura must be made and notation of it made on
the old, unless otherwise provided by law ; and such annota-
tion must be made on all earlier records in the protocols when
later ones are made referring to the former. (Arts. 60-65.)
Art. 942. legal Effect of Notarial Acts Authentication.
All public instruments issued by the proper Xotary in
conformity with this law are full proof in and out of court ;
in order to have such effect outside the Federal District, or
Territory wherein extended, the signature and seal of the
Xotary must be legalized, without charge, by the Depart-
ment of Justice in the Federal District, and by the proper
Jefe Politico in the Territories (and in the States, for the
same purpose, the signature of the Xotary will be legalized
by the President of the Supreme Court, and that of the
latter by the Governor of the State). Xotaries as such are
prohibited from issuing certifications of any act or fact not
appearing in their protocols, and they are only entitled to
public faith in respect to the exercise of their proper func-
tions. (Arts. 60-67.)
Art. 943. Wills Special Records. Xotaries will imme-
diately advise the Arclilro General of the execution of all pub-
lic wills, giving the name of the maker and the date of its
execution, and if it is closed, the name of the person or
place where it is deposited; said Archivo will keep a special
book for such matters, and judges before whom cases of
intestate succession are brought will at once inquire from
the Arcliiro if there is any record in said book of a will
made by the deceased. (Art. 6^.)
Art. 944. Nullity of Escrituras Liability of Notary.
FEDERAL NOTARIAL LAW. G23
An escrltura is void: 1, If the Xotary authorizing it is not
at the time duly in the exercise of his functions ; 2, if written
in a foreign language ; 3, if the Xotary fails to certify that
the act was read to the parties ; 4, or where any party is
deaf or deaf-mute, that he read it for himself or ascertained
its contents by other legal means ; 5, if the signature of any
party, witness or interpreter is missing, if he could sign,
or if he could not, that fact is not recited ; likewise if the sig-
nature or seal of the Xotary is wanting, or the signature
of the assistant, when he acts instead of instrumental wit-
nesses ; 6, if the place and date of its execution are not stated ;
7, if the act was authorized by the Xotary outside the district
for whrcli he was appointed; 8, if the Xotary is disqualified
by reason of relationship, as provided in Art. 932, but if his
fault relates to clause 3, only the forbidden clause or stipula-
tion is void ; 9, wherever any internal or external requisite is
wanting which makes it void under this or any other law.
In all other cases the document is not void, although the
Xotary who violates any legal requirement may be liable
according to law ; where any notarial act must be corrected on
account of the error or default of the Xotary, he is liable for
the costs. 1 (Arts. 09-70.)
Art. 945. Responsibilities of Notaries. Xotaries are lia-
ble for crimes and defaults committed in the discharge of
their duties, in both civil and criminal proceedings, at the
instance of the injured party, and to administrative pen-
alties for the infraction of any provisions of this law not
involving penal liability ; the latter are inflicted by the
Department of Justice, which may consist of warnings, fines
from $25 to $500, or suspension not to exceed one month,
according to the gravity of the offense, a record of all such
offenses being kept in the Department; where the punish-
1 Articles 71 to S4 and 123 to 132 inclusive, in regard to resignation,
death, etc. of Notaries, of "Complementary" provisions, and the
" Transitory '' provisions, of no general concern, are omitted.
G24 COMPENDIUM OF MEXICAN LAW.
ment involves loss of office the penalty must be imposed by
the proper judicial authority. (Arts. 85-90.)
Art. 946. Archive General Functions. An Archive
General de Notarias of the Federal District is established
in Mexico City, dependent upon the Department of Justice,
and may be extended to the Territories, with a Keeper or
Archlv cro appointed by the Department. (In the several
States like Arch I cos are established also in connection with
the Department of Justice, and with similar functions.) In
such Archicos will be kept: The documents which the Vota-
ries are required to remit to the Archives ; the closed pro-
tocols and annexed documents, which must be remitted
within six months ; the archives of suspended [Votaries, and
other documents belonging to the General Archive ; the seals
of Votaries which must be deposited or rendered useless as
required by law. Details of organization and internal ad-
ministration arc omitted, only these of public interest being
stated; among the duties of the Directors of the Archivo
are : To keep a register of the seals and signatures of
-Votaries within the jurisdiction; to keep all the records of
the Office properly classified ; not to allow the protocols and
annexed documents to remain out of their proper place, and
to allow only the Votaries to take, in their presence, mem-
oranda necessary for the preparation of any new escritura
which they may have to make; to obtain from the Depart-
ment cf Justice the new books which the Votaries require
for their business; to issue, in proper cases, to the interested
parties, certified copies of escrituras and notarial acts reg-
istered in the protocols deposited, and to issue such copies
as are required by judicial decree, "which will be inserted
in the copy; to keep general indexes according to the rules
pr<-crilied by the Department. The Director will use on
-uch copies and on oiher official documents a seal, reading
in the- ((nter " Estados Unidos ^Ic.ricanos," and on its cir-
FEDEEAL NOTARIAL LAW. 625
cumference, " Archive General de Notarias del Distrito
Federal Mexico." (Arts. 91-102.)
Art. 947. Tariff of Notarial Fees. Notaries in the Fed-
eral District and Territories will receive the fees (Jionorarios}
prescribed in the following Arancel, which varies in the sev-
eral States : For the preparation or simple authorization
of escrituras and notarial acts of ascertained value, not
otherwise taxed herein: Where the value does not exceed
$500, $5 ; not exceeding $2,000, $10 ; not exceeding $5,000,
$20 ; not exceeding $7,500, $30 ; not exceeding $10,000, $35 ;
not exceeding $20,000, $40 ; from $20,000 to $50,000, $40
for the first $213,000 and $2 per thousand of the excess;
from $50,000 upwards, the above rates on the first $50,000,
and $1 per thousand on the excess, but the total fees arc not
to exceed $200 in any case. Where the principal amount is
determined, interest or other periodical return is not counted ;
in leases for an indefinite period, the amount of three an-
nual payments will be taken as the basis ; in case of life
annuities in which the capital is not fixed, the basis will be
the amount of capital which at six per cent, a year would
produce the same income for a time not to exceed five years.
Where the escritura or notarial act contains several correla-
tive contracts, the full fees will be paid on the amount of
the principal contract and one-half on each of the acces-
sories, according to their pecuniary value. Where it is not
possible to determine the money value of the act or contract,
there will be paid for its redaction and authorization the sum
of $8 for each sheet.
Powers of Attorney: For the preparation and authori-
ization of a power of attorney for collections or lawsuit or
both, $5; special powers for a particular matter, $8; gen-
eral powers for suits, collections, compromises and accounts,
without clauses for administration or alienation of property,
$12; unlimited powers, $15: for all such powers where
printed forms are used the only fee will be $5.
626 COMPENDIUM OF MEXICAN LAW.
Protests : For protest of mercantile documents required
by law : If the amount does not exceed $250, $4 ; from
$250 to $1,000, $5; up to $10,000, $10; up to $20,000,
$20; over $20,000 to any amount, $30; none of the fore-
going amounts is to be added to the preceding, but each is
subject only to the fee fixed.
Wills: For open public wills and codicils of the same
kind, if executed during business hours in the Xotary's
office, $20 ; if at the testator's house on account of his ina-
bility to go to the Xotary, $25 ; if because he does not want
to go, $50 ; if out of business hours, up till eleven o'clock at
night, $10 for each hour employed will be added to the
above amounts ; if the testator has an infectious disease,
$100 will be added to the foregoing amounts; for notation
and authorization on the wrapper of closed wills, $10, apply-
ing the foregoing rules in the respective cases.
Protocolization : For the protocolization of a power of
attorney, $5, and for that of a will, document or legal pro-
ceedings, $10; and in addition to said charges, for the mat-
ter written and compared in the protocol or copies, $1 per
double sheet (pliego^), and if amounts are stated in the copy
which must be summed up on the front or turn of the page,
$2 for each sum.
Miscellaneous Acts: For taking signatures outside the
office, $3 for one signature, and $1 for each additional if in
the same house and in the City, and double the amount if
outside the City. For the examination of every document
not exceeding ten sheets (fojas], $3, and lOcts. for each ad-
ditional sheet, and if made for good cause outside his Office,
double rates. For communications which they are required
to direct to any office, $1 each. For the authorization of
copies and certifications, and rubrication of the corresponding
documents, $1 each. For annotations placed on or in re-
gard to instruments, $2.50 each. For the preparation and
authorization of every escritura of cancellation, extinction
of obligation?, or redemption of ccnsos, where the amount is
FEDERAL NOTARIAL LAW. 627
less than $1,000, $5; if over $1,000, the fee will be one-
half the amount of the tax on the said escritura, not to
exceed $30. For the simple search for escrituras or other
documents or records in his Archives, for the current year,
or a specified past year, 50cts. ; if not of the current year
and the party does not designate the year, for each year up to
five, $1, and for each additional year, 50cts. For the author-
ization and deposit of a minute of contract, $5. The pre-
scribed fees cannot be doubled in any case.
The entire amount of fees in bilateral contracts will be
paid by the party agreed upon when the escritura is extended,
or pro rata by all if no one is agreed on ; the total amount
of fees will be stated in the note of " Taxes and Fees " on
the margin of the matrix and at the foot of the certified copy
issued. (Arts. 103-122.)
628 COMPENDIUM OF MEXICAN LAW.
BOOK XVI.
REGISTERS AND REGISTRY. 1
CHAPTER 1.
THE PUBLIC EEGISTER. (EEGISTEO PUBLICO.)
(Codigo Civil Arts. 3184-3226.)
Art. 948. General Provisions.
949. Foreign Instruments.
950. Instruments Subject to Registry.
9.51. Manner of Making Registry.
952. Extinction of Inscriptions.
Art. 948. General Provisions. In every place where there
is a court of first instance there shall be an office called
" Rerjlstro Publico"; it shall be composed of four sections:
1, Register of Conveyances of real estate and real rights,
other than mortgages ; 2, Register of Mortgages ; 3, Register
of Leases ; 4, Register of Judgments ; also an Index of pri-
vate documents of sales of real estate under five hundred
pesos, of which a special record will be kept; the section of
mortgages and their registry is governed by the provisions of
Arts. 415-418.
The registry must be made in the office of the district
where the land is located, and if located in several districts,
the rcgi-rry must be made in each. .Xo registry can be made
unless it appears that the person requesting it is the actual
i Sec Arts. ]')(]. cf net/., in regard to the Register of Civil Status;
Ar1<. 41."> --11S in regard to the Re^i>try of Mortgages, and Arts. 859-
8G3 for tiie (.Jraiul Register of Property.
THE PUBLIC REGISTER. 629
owner of the property or his lawful attorney-in-fact, or has
legal right to demand the registry. Only instruments con-
stituted by escritura publica, and duly certified judgments
and judicial records,, can be registered. Acts and contracts
required by law to be registered are of no effect against
third persons unless they are registered in the proper office.
(Arts. 3184-3191, 3193.)
Art. 949. Foreign Instruments. Acts and contracts exe-
cuted and judgments rendered in a foreign country can only
be registered under the following circumstances: 1, When
they would require registry if executed or rendered in
in Mexico ; 2, when they are duly legalized as required by the
Code of Civil Procedure; 3, where the judgments are such
that their execution would be ordered by the Superior Tri-
bunal of the Federal District. (Art. 3192.)
Art. 950. Instruments Subject to Registry. All the follow-
ing acts, contracts, instruments and documents must be
registered :
All acts and contracts between living persons which trans-
mit or modify the ownership, possession or enjoyment of
real property or of real rights imposed upon it, except where
the value docs not exceed five hundred pesos ; leases for more
than six years or in which the rent is paid in advance for
more than three; last wills and testaments, after the testa-
tor's death, which transfer real property or rights, and in
cases of intestacy the judicial declaration of heirship and
deeds of partition, the fact of the death being noted on the
register; instruments constituting usufruct, use, habitation,
easements, concessions of mines, quarries, beds of miuer.il
substances, and others of similar nature; matrimonial and
dowry capitulations, in which community of real property
is established between husband and wife, or one of them
acquires such property by way of dowry, antenuptinl dona-
tion or otherwise; compromises, reservations, (".'iiditions,
030 COMPENDIUM OF MEXICAN LAW.
novations, and every other instrument of the character above
mentioned affecting real property and rights; final judg-
ments, including awards of arbiters and arbitrators when they
have the same effect; appointments of the representatives
of absentees and judgments declaring absence and the pre-
sumption of death: judgments decreeing separation of prop-
erty on account of necessary divorce and approving that
in cases of voluntary or consent divorce; judgments declar-
ing bankruptcy or permitting an assignment of property ;
judgments or decrees ordering the posting of mortgage no-
tices, attachments, sequestros, receivership (intervention) or
expropriation. (Arts. 3104-3207.)
Art. 951. Manner of Making Registry. The interested
party must present to the proper section of the registry
office the instrument or certified copy of judgment, together
with his power of attorney if he represents another person ;
if the registrar does not find such documents in due form,
he will advise the party and require the judicial declaration.
The register must contain: 1, The names, ages, resi-
dence and business of the contracting parties, " moral per-
sons " being designated by their official name and compa-
nies by their firm name; 2, the date and nature of the
instrument registered, the authority or notary authorizing
it, and the day and hour when it is presented ; 3, the nature
and value of the property or rights transferred or modified,
stating exactly its location, and all facts in regard to in-
come, encumbrances, rents, annuities, terms and other cir-
cumstances concerning the instrument. In the Index above
mentioned must appear the names of the parties, the location
and boundaries of the property, the price and date of the
sale, and the date of registry.
When the document has been registered, it will be re-
turned to the party presenting it, with an endorsement of
its registration on the date and at the number and page of
the register when and where it is registered. Contracts
THE PUBLIC REGISTER. G31
registered within fifteen days after their date are effective
as against third persons from their date, but if registered after
fifteen days they are only effective as to third persons from
the time of registry ;' the documents required to be entered
in the Index 2 are only effective as to third persons from the
time they are presented in the office. If the act registered
is annulled or rescinded by judgment, it must be noted on
the margin of the register within thirty days after it becomes
final, otherwise it will only be effective as to third persons
from the time it is noted.
The rights and obligations of registrars, and the forms
and manner of keeping the registers, will be fixed by a spe-
cial Eegulation. ' (Arts. 3208-3218.)
Art. 952. Extinction of Inscriptions. Inscriptions are
only extinguished as to third parties by their cancellation or
by the registry of the transfer of the property or right to
another person.
Cancellation may be total or partial ; total cancellation
may be required and must be ordered : When the estate or
right affected by it is extinguished ; when the title which it
concerns, or its inscription, is declared void ; when the prop-
erty encumbered is judicially sold ; 3 when in the case of a no-
tice (cedilla) of mortgage or of attachment, three years have
elapsed from date of registry. Partial cancellation may be
required and must be decreed, when the estate or right affected
is reduced. The cancellation may be made by consent of the
rightful parties where they are capable of contracting and
clearly indicate their intention ; if any condition is attached
to the cancellation, it must be performed.
When the title of the purchaser is registered that of the
grantor will be cancelled; upon the registry of a judgment
declaring ineffective a former one registered, the former reg-
istry will be cancelled. (Arts. 3219-3226.)
- See Art. 948.
s See Art. 803.
632 COMPENDIUM OF MEXICAN LAW.
CHAPTER 2.
THE COMMEKCIAL KEGISTEK.
(Codigo de Comercio, Arts. 18-32.)
Art. 953. Where and How Kept.
954. What Kegister must Contain.
955. Double Registry.
956. Registry of Foreign Corporations.
957. How Registered.
958. Failure to Register Effects.
959. Effects of Registry.
960. Are Public Records.
061. Correcting Entries.
Art. 953. Where and How Kept. A Eegistro de Comercio
shall be kept in the principal town of each judicial district, by
the official having charge of the Public Register of Property,
as provided by Art. 948, or if there be none, by the Recorder
of Mortgages, or by the ordinary judges of first instance.
Inscription in the Register is optional for individuals en-
gaged in commerce, who are considered as inscribed upon
registering any document subject to be recorded ; but is obliga-
tory for commercial companies and ships. The Register must
be kept in the chronological order of the presentation of
documents. (Arts. 18-20.)
Art. 954. What Register Must Contain. The inscription
of each merchant or company must contain: 1, The name
of the person, firm or corporation ; 2, the kind of business
in which engaged ; 3, the date of beginning business ; 4, its
domicile; with that of any branches, which must also be
inscribed in their own district; .">, the articles of associa-
tion of mercantile companies of every kind, as well as all
amendment-, and the dissolution of said companies; 0, in
case of -toek companies formed by public subscription, the rec-
ord of the fhvt general meeiing, with all annexed documents;
7, tin- general powers of attorney and appointment-, with
THE COMMERCIAL REGISTER. G33
their revocations, if any, conferred upon managers and other
employes ; 8, the documents emancipating minors and author-
izing them to engage in commerce ; 9, marital licenses and
other documents authorizing women to engage in commerce,
and revocations of the same; 10, the documents relating to
dowry, marriage settlements, paraphernalia, etc., of the wives
of merchants, to separation of interests between married per-
sons, and any modifications in the same; 11, documents
in regard to the estate or patrimony of children or
wards who are subject to the patria potestad or guar-
dianship of persons engaged in commerce; 12, the increase
or diminution of the capital of sociedades anonimas or en
comandita por acciones; 13, the titles of industrial property,
patents and trade-marks ;* 14, the issue of shares, bonds and
obligations of all kinds of companies., as well as individuals,
stating the series and number of certificates of each issue,
their interest and time of maturity, the total amount of the
issue, and the property, rights or mortgages charged with
their payment ; 15, the issues of bank-notes, stating their
date, kinds, series, denomination, and amount of each issue ;
16, ships, stating their name, class, kind and power, and
date of construction ; principal dimensions ; and names and
residences of the owners; IT, all changes in the ownership
of ships or in the other particulars specified; 18, the creation,
modification and cancellation of any kind of encumbrances
upon ships; the bonds of brokers. (Art. 21.)
Art. 955. Double Registry. When any of the foregoing
matters or contracts are also required by law to be registered
in the Public Register of Property or of Mortgages, their
inscription in such Register shall be sufficient for all legal
purposes of the commercial law, provided that a note of
such other entry is made in the special Register of ( 'on>
merce. All such inscriptions should bo made in the judicial
district of (he merchant's domicile, except when real property
i IN'poalfil liy Palmt ami Trade-mark Laws of 25 An^ii-t. 100:',. re-
quiring registration in Ilic I'alont Otlico.
634 COMPENDIUM OF MEXICAN LAW.
or real rights are concerned, when they shall also be recorded
in the district where the land is situated. (Arts. 22-23.)
Art. 956. Registry of Foreign Corporations. Foreign cor-
porations desiring to locate or establish branches in the Re-
public, must present and record in the Commercial Register,
in addition to the certified copy of the protocolization of their
by-laws, contracts and other documents in regard to their
charter, their inventory or last balance sheet, if any, and a
certificate of their being constituted and authorized according
to the laws of their respective countries, issued by the minister
of Mexico in such country, if there be one, or by the Mex-
ican consul. (Art. 24.)
Art. 957. How Registered. The registration must be made
upon presentation of a certified copy of a public document,
or of the written document or declaration of the merchant
when the document is not required to be public. All docu-
ments subject to registration, coming from a foreign coun-
try, must first be protocolized in Mexico. (Art. 25.)
Art. 958. Failure to Register Effects. Documents re-
quired to be registered, which are not registered, are only
effective between the parties to them, but cannot prejudice
a third person, who may avail himself of them so far as
favorable to him. Documents relating to real property and
rights will affect third persons, although not registered in
the Commercial Register, if they are registered in the proper
Register of Property or of Mortgages. Failure to register
documents raises the presumption of fraud in case of bank-
ruptcy, in the absence of proof to the contrary. If a mer-
chant fails to register the documents requiring registry, hn
wife, her parents or ascendants who have exercised the />n!ri/i
pofcxtad over her, or her guardian, may demand their reg-
istry. (Arts. 26-28.)
Art. 959. Effects of Begistry. Registered documents
THE COMMERCIAL REGISTER. 635
produce their effects from the date of their registration, 4 and
cannot be invalidated by prior or subsequent unregistered
documents. (Art. 29.)
Art. 960. Are Public Records. The Commercial Eegister
is a public record, and the registrar must furnish informa-
tion of its entries to all who request it, and must issue cer-
tified copies of all inscriptions to those who apply for them.
They cannot refuse under any pretext to register all commer-
cial documents presented for registry. (Arts. 3031.)
Art. 961. Correcting 1 Entries. Any corrections of form or
substance may be made summarily by the judge of the mer-
chant's domicije, according to the proofs adduced, the reg-
istrar being in the position of defendant. (Art. 32.)
* See Art. 951 as to civil documenls.
636 COMPENDIUM OF MEXICAN LAW.
BOOK XVII.
PATENTS, TRADEMAKKS AND
COPYRIGHTS.
TITLE I.
PATENTS AND PECULATIONS.
CHAPTER 1.
PATENTS OF INVENTION.
(New Patent Law of 25 August, 1903.)
Art. 962. What is and is not Patentable.
963. Novelty Exceptions.
964. Rights of Patentee.
965. Application and Granting of Patents.
966. Duration of Patent Fees.
967. Exploitation of Patents.
968. Rights and Duties of Parties.
969. Issuance of Patent Mark.
970. Examination Assignment of Eights.
971. Expropriation of Patents.
972. Expiration and Nullity of Patents.
973. Oflicial Publications -Museum.
Art. 962. What is and is not Patentable. All persons,
making now inventions of any industrial character, may ac-
quire the exclusive right, by virtue of Arts. 28 and 85 of the
Constitution, to exploit them for their own benefit, during a
certain time, subject, to the rules and conditions contained in
this law, it being first necessary to obtain a patent of inven-
tion. The following are patentable: A new industrial prod-
uct ; the application of ne\v means, or the new application of
known means, to obtain an industrial product or result: also
PATENT LAW. 637
every new form of an industrial product, piece of machinery,
tool, statue, bust, high or low relief, which by reason of its
new artistic arrangement or novel arrangement of its mate-
rials, forms a new and original industrial product; also every
new design or drawing used for purposes of industrial orna-
mentation in any substance and applied thereto by any
mechanical, physical or chemical process, so that it gives to
such industrial products on which such designs are used a
peculiar and distinctive appearance. The following are not
patentable: A discovery or invention consisting simply in
making known 01* evident something already existing in
nature, although previously unknown to men ; scientific prin-
ciples or discoveries of a purely speculative nature ; inven-
tions, or discoveries the use of which is contrary to prohibitive
laws, to public safety or health, and to good customs or mor-
als ; chemical products, except new methods of obtaining or
new industrial applications of the same. (Arts. 1-3, 102.)
Art. 962. Novelty Exceptions. An invention cannot be
considered new which prior to the application for patent,
whether in Mexico or abroad, has been used for commercial
or industrial purposes, or through any printed publication
ha< received sufficient publicity to enable it to be used, it
being in such cases considered public property ; but this rule
does not apply to the inventor or owner of the patent ob-
tained in a foreign country: 1, Where such publicity arises
from the exhibition of the invention in some official or offi-
cially recognized exposition, provided that prior to its exhibi-
tion the documents required by the regulations are filed i:i
the Patent Office and that the proper application is presented
to said Oflicc within three months after the official closure of
such exposition; 2, where the owner of the foreign patent
file's his application for a Mexican patent within three months
from the day that said invention was made public accord-
ing to the law of the country where the patent was issued,
or where there are several foreign patents, within three
638 COMPENDIUM OF MEXICAN LAW.
months after the first was made public ; 3, where such appli-
cation is made within the time provided by international
treaties on the subject, or within the twelve months referred
to in Art. 965 ; such treaty provisions supersede those herein
prescribed, and the interested party is entitled to the full
time therein provided ; if the publicity arises in more than
one of the ways mentioned, the application must be filed
within the shortest period. (Arts. 4-5.)
Art. 964. Rights of Patentee. The owner of a patent has
the exclusive right to exploit it himself, or through others
with his permission, during the time herein granted; to
prosecute in the Courts those who infringe his rights, either
by the industrial manufacture of the patented article, by
the industrial use of the patented process or method, or by
having in their possession, selling, offering for sale, or bring-
ing into the country any of the manufactured articles with-
out his consent ; a fraudulent intention is not requisite to
criminal liability in case of industrial manufacture, but is
in the other cases mentioned. But such patent is not effect-
ive against similar articles in transit through the country
or remaining in its territorial waters; or against a third
person who exploited such patented articles in the country
prior to the filing of the application for patent, or had made
necessary preparations for doing so, or who for purposes of
experiment or study makes an article or adopts a process
similar to the one patented. A patent may be issued in the
name of two or more persons jointly if they jointly npplv
fur it. (Arts. 0-8.)
Art. 965. Application and Granting of Patents. Kvervmie
wishing to obtain a patent must tile in the Patent Office an
application accompanied by two copies of a description, a
claim (reivindicacion), and drawings if he thinks them nec-
essary; and in case of models or industrial designs, will also
present a copy or model, or where it is difficult or costly to
PATENT LAW. 639
do so, a photograph may be permitted, or dispensed \vith
entirely where the design itself gives a clear idea. The
Patent Office will make a purely administrative examina-
tion of the documents presented for the purpose of ascer-
taining whether they are complete and in the form required
by the regulations, but in no way concerning the novelty or
utility of the thing proposed to be patented nor as to the
sufficiency of said documents; if such documents are not in
due form or the article proposed is such as is forbidden to
be patented, the documents will be considered as not pre-
sented, and the applicant will be notified, and if not satisfied
he may have recourse to the courts as hereinafter provided ;
if the documents are found in due form the applicant will
likewise be notified.
The legal date of a patent is that of the filing of the
application and accompanying documents, or depositing the
documents in case of an article on exhibition as above pro-
vided, from which times the patent is presumed to be granted
and produces its legal effects ; but where a patent is solicited in
Mexico and the same person has already made application
in one or more foreign countries, the legal date will be that
of the foreign patent, provided that the application in Mex-
ico is made within twelve months from the first foreign
application in case of invention, or within four months in
case of a drawing or industrial model, and that such foreign
country concedes the same right to citizens of Mexico; and
patents applied for in Mexico on such conditions shall have
absolutely the same force and legal effect as if they had
been applied for on the day and hour of their legal date.
Patents shall be issued without prejudice to the rights of
third persons, and without guaranty of their novelty or
utility, such qualities and the rights of the patentee being
only presumed until proof to the contrary. One not the in-
ventor applying for a patent must establish his right as
representative by letter of attorney (carla-poder] signed by
the inventor and t\vo witnesses, but the patent office may
640 COMPENDIUM OF MEXICAN LAW.
require ratification of the signatures if deemed necessary.
(Arts. 9-14, 103.)
Art. 966. Duration of Patent Fees. Patents of inven-
tion are granted for twenty years from their legal date;
this period is divided into two, the first for one year and
the second for nineteen years ; the fees for the first period
are five pesos, for the second thirty-five pesos ; the regula-
tions will fix the fees for copies, certificates, replacing the
patent papers, etc. All charges will be paid by means of
Federal revenue stamps as prescribed by the regulations.
The twenty year period may be extended for five years, at the
discretion of the Executive, upon the payment of such addi-
tional fees as he may require ; application for such extension
must be addressed to the Patent Office within the next to
the last six months of the original period, accompanied by
proof that the patent has been in uninterrupted use in the
national territory during at least the last two years pre-
vious to the date of said application. Patents for models
or industrial designs will be granted for five or ten years, at
the election of the applicant, and the term cannot be ex-
tended : for five-year patents the fee is $5 and for ten years
$10 : all rights expire at the end of said term. (Arts. 15-
is. 104-106.)
Art. 967. Exploitation of Patents. The exploitation of a
patent is not obligatory,, but if within three years from its
legal date it is not industrially used in the national territory,
or if after such time its use is suspended for more than
three consecutive months, the Patent Office may grant to a
third person license to exploit it as herein provided. Any
person wishing to obtain such license will make application
to the Patent Office stating the grounds of his petition,
copy of which will be served upon the owner of the patent,
and ;i period of one month, which cannot be extended, will
be fixed within which both parties must present their proofs
PATENT LAW. 641
to said Office, and within that time the Office may call for
reports, appoint inspectors and take such other administra-
tive steps as it may deem proper to ascertain the truth of
the facts. If the owner of such patent shall not have made
proof of having begun the industrial exploitation of the same
within the 15 days hereinafter provided for that purpose,
he will not be permitted to make any proof, and the said
license will be forthwith granted to the petitioner. \\ T ithin
fifteen days after the said time for offering proofs, or within
eight days after the presentation of the petition for license
in the event the original proofs of user have not been pre-
sented, the Office will decide whether or not the requested
license shall be granted ; if the interested party is not satis-
fied with such decision, he may apply to any of the District
Judges of the City of Mexico for the revocation of such
decision, he taking the part of plaintiff and the other party
that of defendant; the former must file his suit within the
fixed period of eight days after notice of the administrative
decision, and if he does not, he will be held to have abandoned
his claim and to accept the decision ; such suit will be con-
ducted as provided in this law ; the effects of the admin-
istrative decision granting the license are not suspended by
the suit brought by the owner of the patent, but the licensee
has the right to the immediate user of the patent without
giving bond or any other requisite ; but he must begin to
exploit the patent within two months after the decision of
the Patent Office or of the Court respectively, and must not
suspend such user for more than, two consecutive months.
(Arts. 19-24.)
Art. 968. Rights and Duties of Parties. One-half of the
net profits obtained by the licensee from such exploitation
shall belong to the owner of the patent, and he lias the
right to keep a watch on the user of the patent and to sue
for his half of the proceeds, unless the parties otherwise
agree about the matter. If the owner of the patent is ab-ent
41
642 COMPENDIUM OF MEXICAN LAW.
or does not appear to exercise his rights, the licensee must
deposit said one-half of the profits every two months in a
bank or institution of credit to be designated by the Patent
Office for that purpose, and must also file with the Patent
Office bi-monthly reports of the proceeds and net profits
of said exploitation, and upon failure to comply with these
requirements the Patent Office shall revoke said license at
the request of the owner of the patent ; the above notices
will be published in the Gazeta Oficial de Patentcs; if the
licensee makes a false report to the Office he will be liable
to the penalty of major arrest, and a fine of the second
class, or either such penalty, at the discretion of the Judge,
and for all damages and losses caused to the owner of the
patent. Such license granted by the Patent Office does not
deprive the owner of the patent of the right to exploit his
invention himself and to issue such licenses as he may desire.
The owner of the patent may request the revocation of the
license granted by the Patent Office after two years if he or
some one else in his name is exploiting it industrially, pro-
vided he has made the proof of user as herein required,
otherwise his petition will be rejected without recourse ; the
licensee must also have made like proof of having begun
exploitation within two months, or no evidence will be ad-
mitted on his part ; in other respects the proceeding to revoke
the license will be conducted in the same way as the pro-
ceeding for granting it. If the licensee does not begin the
exploitation within two months, or has suspended the same
for more than two months, unless in case of accident or
force, and continues to exploit it, the owner of the patent
may prosecute him in the courts as an infringer or illegal
exploiter of his patent. Both the owner of the patent and
the person licensed by the Patent Office to use it, must
within fifteen days after beginning to exploit it, make proof
of that fact to the Patent Office by some legal means. (Arts.
25-30.)
PATENT LAW. 643
Art. 969. Issuance of Patent Mark. Patents will be
issued in the name of the President by the Patent Office and
be countersigned by the Secretary of Fomento, and will
recite: The number of the patent, the name of the person
or persons to whom it is granted, its duration, the purpose
for which it is granted, its legal date and the date of issu-
ance, and will be sealed with the special seal of the Patent
Office, to be kept for the purpose; such patent, together with
a copy of the description, claim and drawings, if any, will
constitute the title evidencing the rights of the patentee ;
the patent is effective only as to the subject-matter covered
by the claim, the description and drawings, if any, only
serving as explanatory of the claim. Every patented article
must bear a maVk stating the fact that it is patented and
the number and date of the patent. (Arts. 31-34.)
Art. 970. Examination Assignment of Rights. The
Patent Office will make an examination, without guaranty, in
the manner provided by the regulations, at the request of the
interested party, as to the novelty of a proposed patent, and
on behalf of any person, to ascertain if any thing is already
patented or is public property in Mexico, the result of such
examination being reported in writing to the party requesting
it. The rights conferred by a patent may be transferred in
whole or part in the same way as other rights, but to be
effective as to third parties such assignment must be regis-
tered in the Patent Office, upon payment of a fee not to
exceed $20 to be fixed by the regulations. (Arts. 3G-3T.)
Art. 971. Expropriation of Patents. A patent of inven-
tion may be expropriated for public use by the Federal
Executive, the invention becoming public property, upon
proper indemnity to the inventor., and observing as near as
may be the procedure relating to expropriation of real prop-
erty. Where the invention is a new or improved weapon, ex-
plosive, or other material of war adaptable to public defense,
644 COMPENDIUM OF MEXICAN LAW.
and which in the judgment of the Executive should be kept
secret, the patent, and the invention even before being
patented, may be taken over in the same way, becoming the
exclusive property of the Government and not public prop-
erty, and in such case the Patent Office will not give pub-
licity to the patent. (Arts. 38-39.)
Art. 972. Expiration and Nullity of Patents. Patents
expire: 1, At the end of the first one-year period unless the
fees for the second period have been paid : 2, at the end of the
second nineteen-year period ; or, 3, at the end of the five-
year extension if any was granted ; the name and number of
each patent expiring will be published in the " Gazette."
Patents are void: 1, Where issued on a nou-patentable ar-
ticle, or one wanting in novelty; 2, where the claim is not
sufficiently clear and explicit to ascertain from it what is
claimed as new; 3, where the description and drawings are
not sufficiently clear, in the judgment of experts, to enable
the thing described to be constructed or produced therefrom ;
4, where the purpose for which the patent is obtained is
different from that for which it was solicited ; 5, where a
similar patent has been previously granted in Mexico or
abroad, although it has expired. A patent can be declared
void only b\* judicial authority, and for one of the foregoing
causes ; the action may be brought by any one prejudiced by
it, or by the Ministerio Piiblico where the Federal interest is
concerned ; the District Judges of Mexico City have jurisdic-
tion of such causes, except that where the nullity or expiration
is urged as a defense, and in criminal proceedings hereunder,
the judge before whom the suit or prosecution is pending
will decide upon the nullity, expiration or ownership of
the patent, and the final judgment or sentence will be noti-
fied to the Patent Office, published in the " Diarlo Oficial "
and " Gaccta de Patentes," and entered in the Register of
Patent-, with annotation of all references to the patent.
(Ai-N. -10 17, 02.)
PATENT REGULATIONS. 045
Art. 973. Official Publications Museum. The Patent
Office will publish a periodical called " Gaceta Oficial de Pat-
entes y Marcas," in which, at least every two months, will be
published a list of the patents and trade-marks granted, arid
everything concerning them, together with indexes, memorials,
and other matter on the subject, and at least annually will pub-
lish a special book containing the claim and one or more draw-
ings of every patent ; and will establish a Public Museum in
which will be deposited all models, plans, drawings, etc., relat-
ing to all patents granted. (Arts. 35, 101.)
Articles 48 to 100, relating entirely to penalties for in-
fringement, administrative, civil and penal procedure, and
Articles 108 to 121, which are " transitory " administrative
regulations, are .omitted as of no practical purpose in this
\vork.
CHAPTER 2.
REGULATIONS OF PATENT LAW.
(Issued 24 September, 1903.)
Art. 974. Application Requisites.
975. Description and Claim Contents.
976. Drawings Requisites.
977. Rules for Particular Inventions.
978. Issuance of Patents and Marks Stamp Tax.
979. Extension of Patents Proceedings.
980. Lost Patents Sundry Documents.
Art. 974. Application Requisites. Every one wishino-
to obtain a patent must present to the Patent Office, in per-
son or by attorney, a petition (solicitud) accompanied by
the following documents: 1, A description; 2, a claim; 3,
a drawing or drawings, if necessary; 4, two copies of the
foregoing documents. The applicant will be given a receipt
showing the date and hour of their filing, their filing number,
and the terms within which the applicant must appear at
G46 COMPENDIUM OF MEXICAN LAW.
the Office to be notified of the result of the examination
and to pay the fiscal dues ; failure to comply with the require-
ments indicated in the receipt will be considered as an aban-
donment of the case. The application must be in the form
shown by the model; where the patent is solicited by several
persons jointly, the name of the one who is to represent the
others will be stated first in the application and so noted in
the description. (Arts. 1-3.)
Art. 975. Description and Claim Contents. The de-
scription must begin: (a), with the name of the inventor
or inventors, their occupation, nationality, residence, and
place in Mexico City for the receipt of notifications; (b),
next the name, nature and object of the invention, with an
enumeration of the drawings; (c), the invention must next
be described completely, clearly, exactly and as concisely as
possible, and omitting all mathematical, philosophical or
other demonstration?; (d), after the description will follow
the claim; (e), the claim must be signed by the inventor
or his representative; (f), the forms annexed to the Regula-
tions must be strictly followed.
The Claim (Eeivindicacion) must define and express
clearly and precisely the process, combination or product
which constitutes the invention, or the article (organo} or
piece which forms the essential part of the invention, and
indicate its relations with other organs or elements which
are not the direct object of the patent. (Arts. 4-5.)
Art. 976. Drawings Requisites. The drawings (Dibu-
joff] must be made on white paper of the thickness of three
sheets of Bristol paper, of smooth and pressed surface, ap-
proximately 3SO mm. in length by 254 mm. in width; a
heavy line 25 mm. from the margin of the paper will form a
square within which the drawing must be made; in the upper
part of the square must be left a blank of about
25 min. in which the Patent Office will put the name of
PATENT EEGULATlOlSrS. 647
the invention, its number, etc. ; the inventor must write with
a soft pencil on the back of the sheet the title which he gives
to his invention ; in the lower part of the square towards the
right the inventor will sign his name. If possible the paper
should be used lengthwise, its narrow ends being top and
bottom, but if considered best it may be used sidewise, with
the long sides at top and bottom ; if one sheet is not sufficient,
several may be used, but the complete invention must appear
on at least one of them. Only China ink and grafio must be
used, the ink being perfectly black; shading should be
avoided as far as possible, but if absolutely necessary, it
should be done with as few lines as possible; the light will
be supposed as coming from the upper left corner of the
paper at 45 degrees, so that the lines on the side of the
shadow should be heavier than those on the side of the light.
It is preferable and is expressly recommended, that the inven-
tion should be presented in a single drawing of the largest
size possible, in conventional and free perspective, without
the necessity of adhering to any scale, even between the parts
of the same figure, as clearness is desired above everything
else. Pieces represented in cross-section (en cortc) should
be marked with oblique lines at not less than 1.5 mm. apart.
Reference signs should be letters or figures not smaller than
3 mm. ; if at places there is not room for them or they may
cause confusion, they should be placed as near as possible and
connected with the point which they indicate by a straight or
curved line ; if notwithstanding it should be necessary to
place a sign or letter in a space marked with oblique lines,
a small circle in blank should be left in which to put it. If
there are pieces or details which in the general figure appear
too small, they should be marked with a single letter or
sign, and represented sufficiently enlarged in special figures
with the same sign.
Duplicates should be made on drawing-linen with China
ink. Where photographs are admissible instead of drawings,
they and their duplicates should be on blue paper, sepia, or
648 COMPENDIUM OF MEXICAN LAW.
other inalterable heliograph, of the size above indicated;
the negative, which should be on a thick film, will also bo pre-
sented. The drawings must not be folded but presented ex-
tended between two heavy cardboards. All the particulars
of drawings annexed to the Regulations should be followed.
(Arts. 6-10.)
Art. 977. Rules for Particular Inventions. A person wish-
ing to obtain the rights granted by the law under clause 1 of
Art. 002, must forward to the Patent Office a description,
claim and drawings of the article to be exhibited, in the form
and manner as above provided, and which may be used in
the application for the patent. Two or more independent
inventions cannot be patented in a single patent, but where
several distinct inventions are related to each other, in a
single machine or process and mutually contribute to produce
a single result, they may be included in a single patent. In
general every organ or combination of organs susceptible of
separate exploitation, and the use of which in connection with
the machine in which they are used is not absolutely neces-
sary, forms the object of an individual patent. Individual
patents are required for: A machine and its product: a
machine and the process in which it is used; an industrial
drawing and the process by which it is obtained; an indus-
trial model and the process for obtaining it; a process in
which one substance or organ requires other processes in
order to obtain it, but if the substance results as a necessary
consequence of the process itself, a single patent is sufficient;
also a process and its product may be covered by a single
[latent : in all doubtful cases two or more patents should he
-olicited. (Arts. ll-L'O.)
Art. 978. Issuance of Patents and Marks Stamp Tax.
If the result of the examination is favorable, the partv inter-
e-t<-d must present, at. the Patent Office within the time
indicated in the receipt for the documents filed, a stamp for
TATKXT REGULATIONS.
$5.00, surcharged " Patentes," for the fiscal dues for the
first period of one year, and attach and cancel the same as
directed ; on any business day within the first year he may
request the issuance of the definitive patent, presenting to
the Patent Office three stamps of $10.00 and one of $5.00,
all surcharged as above, which he will also attach and cancel,
and the Patent Office will issue the Patent Title. The same
will be observed in respect to patents for industrial Models
or Drawings, paying a stamp of $5.00 if issued for five years
and $10.00 if issued for ten years. Patents will be regis-
tered in a special register. (Arts. 21-23, 31.)
Art. 979. Extension of Patents Proceedings. Anyone
wishing to obtain the extension granted by Art. 9GG, must
address a petition to the Patent Office, on any business day
during the six months next before the last six months of
the natural period of the patent which he wishes to renew,
together with all documents deemed necessary to prove that
the patent has been exploited for at least two years uninter-
ruptedly in the country, and stating any other reason? in
support of his petition. The Patent Office will transmit
the petition and documents to the Department of Fomento,
with such report as it may make; if the Department finds
the documents or proofs insufficient in any way, it will grant
the applicant, through the Patent Office, not less than eight
days or more than one month in which to supply the defi-
ciency, after which time, whether or not the applicant avails
of it, the Department will definitely decide whether the
extension shall be granted. The Patent Office will n<>tifv
the applicant of the decision; if favorable, the applicant will
attach and cancel on the document indicated to him the
number of surcharged stamps required to cover the tax tix'.'d
by the Executive; the notice and stamps must be presented
to the Patent Office within one month from its date, together
with the Patent Title on which to annotate the extension;
650 COMPENDIUM OF MEXICAN LAW.
failing in this requirement the right of extension will be
lost.
Under no circumstances will any documents or any taxes
paid be returned in case of forfeiture, nullity, or other de-
fault, nor any copy or model filed in the Patent Office.
(Arts. 24-25, 29.)
Art. 980. Lost Patents Sundry Documents. If the Pat-
ent Title is lost or destroyed, it may be replaced at the in-
stance of the interested party, who at his cost will have made
a copy of the description, claim and drawings, and will pay
$15.00 in surcharged stamps, attached and cancelled as indi-
cated ; the new Title will be marked duplicate.
To secure the examination mentioned in the Law, Art.
970, a petition stating clearly the applicant's domicile, and
with a 50ct. stamp, must be presented, and the applicant will
attach and cancel on the document indicated two surcharged
stamps of $10.00 each, and the Patent Office will send to the
applicant a document stating the number and date of any
patents which it deems like or similar to the one applied for,
or such references or indications as it deems material. A
like stamp for $5.00 will be attached to the petition for the
registry of any other instrument mentioned in said Article.
The petition, description and claim, with their duplicates,
and all other documents and papers presented to the Patent
Office must be typewritten on one side only of paper 330
nun. by 215 mm., in blue or dark violet ink, non-copying, or
well printed. The Patent Office will fix the prices at which
printed copies of patents granted may be sold to the public.
(Arts. 2G-28, 30, 32.)
TRADEMARK LAW. 651
TITLE II.
TKADEMARKS, NAMES AND ADVERTISEMENTS.
(Law of 25 August, 1903.)
CHAPTER 1.
INDUSTRIAL AND COMMERCIAL TRADEMARKS.
Art. 981. Defined \Yhat May Be Registered.
982. Who May Obtain Ho\v Registered.
983. Issuance of Trademarks Effects.
984. Assignment Effect.
985. Nullity Actions.
Art. 981. Defined What May Be Registered. A trade-
mark is a peculiar and characteristic sign or name used by
manufacturers, agriculturists, or merchants on the articles
which they produce or sell, for the purpose of identifying
them and indicating their origin ; but the following cannot
be registered as trademarks : 1, Generic names or denomi-
nations, when the trademark covers objects embraced within
the genus or species to which the name or denomination
refers, for the mark must necessarily distinguish the articles
protected by it from all others of the same species or class ;
2, everything contrary to morals, good manners or prohibitive
laws, or which tends to ridicule persons, ideas or objects
worthy of consideration; 3, coats of arms, escutcheons and
emblems, of Mexico, or of foreign countries, or of Mexican
or foreign States or cities, without their consent ; 4, the names,
signatures, seals or pictures of individuals, without their
consent. (Arts. 1, 5.)
Art. 982. Who May Obtain How Registered. Any Mex-
ican or foreigner, including companies, corporation? and all
moral persons, may register a trademark, upon applica-
tion to the Office of Patents and Trademarks in person or
652 COMPEXDIUM OF MEXICAX LAW.
by attorney, appointed by simple letter of attorney signed"
before two witnesses, but the Office may require ratifica-
tion of the signatures. To obtain the exclusive right to
use a mark it must be registered as provided in this law and
in the regulations ; the person wishing to register such trade-
mark must present to the Office t\vo copies of a petition,
which must contain a description of the mark, with such
reservations as may be made of it ; the name of the owner,
and of his factory or business place, if it has a name, its
location, and a statement of the objects or products on
which the mark is to be used ; he must also present a
cliche " or " cut " of the mark, and twelve copies of the
mark as it is to be used. The registry will be made without
examination of its novelty, on the exclusive responsibil-
ity of the applicant and without prejudice to third per-
sons; the examination made will be simply to determine
whether the documents are complete and in due form : if not
in proper form, or wanting in any other requirement, they
will be considered as not filed; whether approved or not,
the applicant will be notified, and if not satisfied with the
finding he may have it reviewed by the court as hereinafter
provided. (Arts. 2-4, 10.)
Art. 983. Issuance of Trademarks Effect. The certifi-
cate of registry of a mark will be issued by the Office, and
together with the annexed documents, will be the title evi-
dencing the exclusive right to use it ; the right relates back
to the date of presenting the application and documents;
where the application is made in Mexico within four months
after like application in foreign countries, the registry re-
lates back to the date of the first foreign application granted,
provided such foreign country grants similar rights to "Mex-
icans, and produces full force and effect from such time.
Registered trademarks must bear visible inscriptions as
follows: Those used by manufacturers, industries, ac'ricul-
turi-ts, etc., " Marcu Industrial Hcyixlrada," or simply " M.
TRADEMARK LAW. 653
Jnd. Ilgtrda," with number and date ; those used by mer-
chants, " Marca de Comercio Registrada " or M. de C.
Rgtnla," with number arid date ; marks consisting of names,
denominations, legends, signs connected with names, etc.,
initial letters or abbreviations, must display the name of the
owner of the business, the name of the establishment or fac-
tory, if any, and its location ; any change of location or
new establishment must also be registered, and indicated
on the mark. The registry of a trademark must be renewed
every twenty years ; delay in renewing docs riot forfeit the
right to its exclusive use, but incurs extra tax charges as
fixed by the regulations, and prevents any penal action on
account of infringements during the lapsed time. (Arts.
0-0, 11, U.) .
Art. 984. Assignment Effect. Registered marks may
be transmitted or assigned as any other right, but such
assignment must be registered arid the name of the new
owner indicated on the mark as above provided; the new
owner acquires all the rights secured by the trademark.
(Arts. 12-13.)
Art. 985. Nullity Actions. Registration of a trade-
mark is void where made in contravention of this law or its
regulations, or where it has been registered by another more
than two years previously, or for less time with better right;
the action of nullity may be brought by anyone prejudiced,
or by the Minister to I J t'il>1ico in cases of general interest.
Final judgment declaring a trademark void must be notified
by the judge to the Patent Office and published in the official
" Gazette." (Arts. 15-17.)
654 COMPENDIUM OF MEXICAN LAW.
CHAPTER 2.
TRADE NAMES AND ADVERTISEMENTS.
Art. 986. Trade Names Incidents.
987. Commercial Advertisements.
988. Revenue Taxes.
Art. 986. Trade Names Incidents. The owner of a
trade name has the exclusive right to use it, without regis-
tration or other requisite, and he, or any one who is injured
thereby, may recover damages and have penal action against
any one appropriating or imitating it ; but any native or
foreign merchant may nevertheless publish his trade name
in the " Official Gazette," renewing the publication every
ten years ; such publication creates the presumption of fraud
against any person wrongfully using or imitating such trade
name, and dispenses with proof of fraud which must other-
wise be made in cases of infringement. Any one who in
any way makes use of a trade name not belonging to him,
or who imitates it in such way as to produce confusion, is
subject to minor arrest or to second class fine, or both, at the
discretion of the judge, besides the penalty prescribed in
case the trade name is improperly used in connection with
and as part of a trademark, where the use of the latter is
made a crime by this law, and cumulative penalties may
be imposed as provided in the Penal Code. (Arts. 73-78.)
Art. 987. Commercial Advertisements. Any person mak-
ing use of any distinctive or original advertisement of his
business or goods, may acquire the exclusive right to use it
;md prevent any one else from using anything similar which at
first sight is likely to cause confusion, upon compliance as
nearly as may be with the provision of this law applicable
to trademark-, for a term <>f five or ten years, as he may
elect, subject to other extensions for like periods, by applying
for them before the expiration of the time, and publishing
TRADEMARK REGULATIONS. 655
same in the " Official Gazette," and may have civil action
for damages against any infringer, who is also liable to
criminal punishment, with first class fine, as provided in the
preceding Article. The printers or other makers of falsified
commercial advertisements which are improperly used, and
all who sell or put them in circulation, are guilty as principals
or accomplices according to circumstances, and liable to pun-
ishment as prescribed in the Penal Code ; the civil and crim-
inal proceedings herein prescribed in regard to falsification
of trademarks are also applicable to trade names and adver-
tisements. (Arts. 79-84.)
Art. 988. Revenue Taxes. The registration or exten-
sion of a trademark is subject to a tax of $5 ; the publication
of a trade name, $1 ; the registration of a commercial adver-
tisement will pay : For five years, $2 ; for ten years, $4 ; for
each extension of five years, $4 ; all such taxes are payable
in Federal Revenue Stamps as provided in the regulations,
which will also fix the charge for other acts of the Patent
and Trademark Office. (Art. 85.)
CHAPTER 3.
REGULATIONS OF TRADE MARK LAW.
(Issued 24 September, 1903.)
Art. 989. Application Requisites.
990. Registry Certificates.
991. Transfer Renewals.
992. Advertisements Registry.
993. Sundry Provisions.
Art. 989. Applications Requisites. Commercial trade-
marks and advertisements will be registered in the Office of
Patents and Trademark* at the instance of the interested
partv, a separate petition in the prescribed form being pre-
sented for each device to bo registered ; a receipt will be issued
656 COMPENDIUM OF MEXICAN LAW.
for all documents and cuts, showing the date and hour of filing
and the corresponding number. The Office will make an
administrative examination of the documents, in accordance
with the Law, Art. 982, and if favorable, the applicant must
present to the Office, within the time indicated in the re-
ceipt, a stamp surcharged " Marcas," to cover the amount
of tax, which he will attach and cancel on the document indi-
cated to him, failing to do which within the time allowed the
case will be held as abandoned. If the documents pre-
sented are not in proper form, the applicant will be notified
so that he may replace them or proceed as provided in the
Law.
The descriptions of the trademark must be authenticated
by the signature of the applicant or his attorney, and if com-
prising more than one page, each page will be rubricated on
the margin. All petitions and other documents must be
typewritten, on only one side of the paper, with black, blue
or dark violet non-copying ink ; the paper must be 330 mm.
long, 215 mm. wide, and have a margin of 5-4- mm. on the
left hand side. The length or breadth of the " cliche "
cannot be less than 15 nun. nor more than 100 mm., and its
height 24 mm. If the trademark consists of several separate
part-, a " cliche " for each part must be furnished, the colors
being indicated as far as possible as indicated in the pre-
scribed form. The twelve copies of the mark required to be
filed must not have any erasures, corrections or modifica-
tions. (Arts. 1-9.)
Art. 990. Registry Certificates. If a trademark or
part of it is of metal or other substance, or is to be affixed by
means of seals in lead by fire or otherwise, twelve copies of
its impression on paper must also be filed. Although several
rcgisirics are sought in the name of the same person, the
applicant must accredit his personality on each application.
A prrsun presenting himself as the agent or representa-
tive of a company, corporation or moral person must be
TRADEMARK REGULATIONS. 657
accredited in the manner required by law; if the applicant
acts as mandatary under a general power of attorney, he
need only present a certified copy of the material part
thereof.
The certificate of registry of a trademark must contain,
in addition to the matters required by law: The number of
the trademark; the date and hour of the filing of the peti-
tion and other documents ; the name of the person to whom
issued (fitular) ; the seal of the Office of Patents and Marks;
a copy of the registered trademark; a description of the
trademark. If the certificate of registry should be lost or
destroyed, it may be replaced at the cost of the grantee, upon
his filing a petition with a surcharged stamp for $3.00, which
he will^attach and cancel on the document indicated ; the new
certificate will be marked duplicate. (Arts. 10-13.)
Art. 991. Transfers Renewals. To obtain the registry
of a transfer of a trademark, a petition must be presented
to the Office stating: The number of the registered trade-
mark; the name of the former owner; the name of the mark,
if any; the article or product which it covers; the name of the
new owner ; together with a copy of the trademark, and
surcharged stamps for $3.00, which must be attached and
cancelled as indicated. To prove the acquisition of the
trademark or advertisement, the original and a copy of the
cscriiura of assignment must be presented, the original being
returned and the copy forming a part of the expediente.
To obtain the renewal of registry of a trademark or com-
mercial advertisement, a petition must be presented, accom-
panied by surcharged stamps covering the amount of tax,
and a copy of the mark or advertisement, within the first six
months of the last year for the which the registry was
granted; if the renewal is solicited after the expiration of
such time, in addition to the stamps covering the tax, as
many other like stamps must be paid as there are years or
42
658 COMPENDIUM OF MEXICAN LAW.
fractions of a year elapsed after the expiration of such time.
(Arts. 14-16.)
Art. 992. Advertisements Registry. To obtain the reg-
istry of a commercial advertisement, a petition must be pre-
sented to the Office, accompanied by: A "cliche" of the
advertisement ; twelve copies of the advertisement as it is to
be used ; twelve copies of said advertisement, printed on
paper, where such advertisement is to circulate, made on
crystal, plates, leather, card-board, etc. The petition must
be in the prescribed form, and accompanied by surcharged
stamps for $2 if the registry is for five years and for $-1 if
for ten years, and attached and cancelled as indicated. Ap-
plication for the extension of the registry must be made
within the next to the last six months of the period for which
the registry was granted, and accompanied by a printed copy
of the advertisement, and surcharged stamps for $4 for each
extension of five years. For the publication of a commercial
or trade name, the applicant will present a petition in the
prescribed form, accompanied by a surcharged stamp for $1,
to be attached and cancelled as indicated. (Arts. 17-20.)
Art. 993. Sundry Provisions. The number of the trade-
mark or registered advertisement must always be stated in
every document relating to the same. Parties wishing the
publication of any judgment rendered in regard to trade-
marks or advertisements must personally present a petition
to the Office, accompanied by surcharged stamp for $1 to
be cancelled as indicated. The Office will fix the prices at
which printed copies of marks and advertisements and de-
scriptions may be sold to the public. All documents which
do not comply with the requirements of the Law and Regula-
tions must be replaced at the cost of the interested party.
On no account will any documents or stamps be returned.
The public may examine registered trademarks and adver-
tisements at such hours as the Office may allow.
INTERNATIONAL TRADEMARKS. 650
Trademarks registered under previous laws remain valid,
but in order to avail of the penal actions provided by the
present law the owner of the marks must renew their registry
every twenty years as provided in Art. 980. The provi-
sions of the Code of Commerce, Art. 958, and clause 1-3 of
Art. 954, no longer apply to the registry of trademarks, but
the same must hereafter be registered in the Patent and
Trademark Office ; inscriptions made in the latter office
shall have preference over those made in the Commercial
Registry although of earlier date. Articles 700, 701, 702
and 708 of the Federal Penal Code, so far as concerns
crimes in respect to trademarks, are repealed. (Arts. 21-
27, 87, 91-92.)
TITLE III.
REGULATIONS FOR REGISTRY OF
INTERNATIONAL TRADEMARKS.
(Issued 9 November, 1909.)
CHAPTER 1.
INTERNATIONAL REGULATIONS.
Art. 993a. Requirements for Registration.
993b. Registry Notices Publications.
993c. Changes Nullity.
Art. 993A. Requirements for Registration. Every person
or corporation domiciled in Mexico, owning a manufactur-
ing or commercial trademark (marca de fdbrica 6 de comer-
do), registered in accordance with the laws of 28 November,
1889, (repealed by the following) or of 25 August, 1903,
who wishes to secure protection for said trademark in the
countries which have or shall hereafter adhere to the Conven-
tion (Arreglo) signed in Madrid on 14 April, 1891, relat-
GOO COMPENDIUM OF MEXICAN LAW.
ing to the international registry of such trademarks, will
forward to the Office of Patents and Trademarks, in Mexico
City, D. F. : 1, A petition for registry, in duplicate, made
on the official form, which shall contain the name and
address of the owner of the trademark, its number, the date
of its issuance, and the articles which it protects; 2, three
facsimiles of the trademark, separate from the petition, and
authenticated by the signature of the petitioner, said fac-
similes not to be larger than ten centimeters each side; 3,
a dlclie or cut of the trademark to be published in the
publication of the International Office in Berne; such cliche
must be an exact reproduction of the trademark registered
in Mexico, showing clearly all its details; it must not be
less than fifteen millimeters nor more than ten centi-
meters in width or length, and must be exactly 2-i
millimeters in thickness, which is the height of the
printing types; such diclie will be preserved in the
International Office; 4, a sight draft in favor of the
" Bureau International dc la Propiete Indusirielle," payable
in .Berne, for the amount of the international emolument,
which is 100 francs for the first trademark and 50 francs
for each additional one in cases where several are filed at the
same time by the same owner; f, a letter-of- Attorney (cfiiia-
podcr\ if the petition for registry is made through an attor-
ney in fact. The Patent and Trademark Office will furnish
gratuitously the necessary forms for registry to any person
applying for same in writing. Any incomplete or irregu-
lar petitions will be returned immediately to the interested
party.
The international registry of a trademark can only protect
articles identical to those for which the trademark was
issued in Mexico. The petition must not contain either a
description or reservation of the trademark, as the facsimile
will suffice to make it known, except when a description is
necessary in case that a color or combination of colors is
claimed as a distinctive feature of it: in such event the de-
INTERNATIONAL. TRADEMARKS. 661
scription shall be brief and will only state what is in rela-
tion to the color, and the interested party will remit forty-
two examples (etiquetas^ of the trademark printed in the
color or combination of colors claimed. The renewal of reg-
istry is subject to the same requirements as a new registry
except as to sending cliches. (Arts. 1-3, 11.)
Art. 993B. Registry Notices Publications. As soon
as the Office in Mexico admits an application for interna-
tional registry, it will enter the same in a special book and
will forward it to the International Office, and will
notify the applicant of such fact. The legal date of the inter-
national trademark will be that of its registry in Berne.
Upon receiving advices from the International Office of the
registry of the trademark, the Mexican Office will make 'a
record of the same and will send to the owner a certified
copy of the official certificate issued by the International
Office. All documents relating to the international registry
of trademarks will be separately classified according to
their nature in numerical order. An album containing them
will be open to the public in the Patent Office during business
hours, and a supplement containing all international trade-
marks registered will be published in the Diario Oficial.
(Arts. 4-6, 9-10.)
Art. 993C. Changes Nullity. At the request of the
owner of an international trademark, the Patent Office will
notify the International Office of any changes made in the
ownership of the trademark or in the firm-name of the
owner, upon compliance with the requirements of the present
trademark law in regard to such changes ; the petition request-
ing such notification must bear a duly cancelled internal
revenue stamps for SOcts., and a similar stamp for $1.00 with
the surcharge " ^[ areas."
All renunciations or decrees of nullity affecting trademarks
registered in the International Registry must be notified to
662 COMPENDIUM OF MEXICAN LAW.
it by the Patent office ex officio and without charge ; and will
give like notice of the institution of any suit of nullity
against a Mexican registry of trademark, arising from an
international registry, so that the International Office may
notify the interested party. Whenever the Patent Office
has notice of the international registry of a trademark which
is in violation of the provisions of clauses 2 and 3 of Art.
980 of the Trademark Law, said Office will within one year
send to the International Office a declaration that protec-
tion cannot be given to such trademark in Mexico. (Arts.
7-8, 12-13.)
TITLE IV.
COPYRIGHT LAW.
(Civil Code, Arts. 1130-12T1.)
CHAPTER 1.
LITERARY PROPERTY.
Art. 994. A Constitutional Right.
995. Scope of Right.
99G. Duration of Copyright.
997. Assignment of Copyright.
998. Joint Authorship.
999. Translations.
1000. Unauthorized Reproduction.
1001. Anonymous and Posthumous Works.
1002. Newspapers Laws.
1003. Dramatic and Artistic Copyright.
Art. 994. A Constitutional Right. The Mexican Consti-
tution, Art. IV, secures every man in the enjoyment of the
products of his labor; this right is governed by the ordinary
laws in respect to ownership of property, with the exception
of the special rules on the subject of literary, artistic and
COPYRIGHT LAW. 663
dramatic property, or the special Copyright Law, established
by the Civil Code. (Arts. 1130-1131.)
Art. 995. Scope of Right. The inhabitants of the Ke-
public, native as well as foreign, have the exclusive right
to publish and reproduce their original works as often as
they wish, in whole or in part, by manuscript copies, printing,
lithograph or any other like means, in conformity with the
laws regulating the exercise of the freedom of the press. The
right includes manuscript works, and oral and written les-
sons and all kinds of public speeches ; but speeches delivered
in political Assemblies are only subject to copyright when
collections of them are intended. Private correspondence
can only be published by consent of both correspondents or
their heirs, except when necessary for the proof or defense of
legal rights, or when required by the public interests or the
advancement of the sciences. Dramatic authors also have
the sole right of production of their work on the stage.
Authors of all kinds of maps, plans and drawings; archi-
tects, painters, engravers, lithographers, photographers,
sculptors, both as to completed works and models and molds,
musicians, and calligraphists, enjoy the same exclusive
rights to reproduce their original works. (Arts. 1133-
1137, 1168, 1101.)
Art. 996. Duration of Copyright. Copyright of all liter-
ary, artistic and dramatic works continues during the life of
the author, and on his death passes to his heirs according to
law ; in the case of dramatic works, the author also has the
sole right of stage representation of the work during his life,
and his heirs shall enjoy it for thirty years afterwards ; as-
signees shall have this right during the author's life and for
thirty years afterwards. Non-residents of the Republic pub-
lishing their works abroad, may reserve the right of transla-
tion for ten years. The editor of a work which is already
public property, may have copyright while his edition is
COMPENDIUM OF MEXICAN LAW.
being published and for one year afterwards, but this will not
prevent the publication of editions in other countries. Scien-
tific and literary organizations are entitled to copyright of
their publications for twenty-five years. The terms which in
these cases are indicated for the duration of copyright are to
be counted from the date of the work, or if the date does not
appear, from the first of January of the year following the
publication of the work or of its last volume or part. (Arts.
1138, 1150, 11G2, 1167, 1169, 1192.)
Art. 997. Assignment of Copyright. The author or his
heirs may assign the copyright, the assignee acquiring all the
rights of the author according to the terms of the assign-
ment. If the assignment be for a shorter term than the
o
copyright, the author regains his rights at the expiration of
the assignment. If after the assignment the author makes
substantial changes in the work, the assignee cannot prevent
it from being also published or assigned. (Arts. 1139
1140, 1115.)
Art. 998. Joint Authorship. In case of a cyclopedia or
other work composed by different known authors, but the
part contributed by each one can not be indicated, the copy-
right belongs to all jointly, and on the death of any without
heirs or assigns, his interest goes to the others. If the
portions contributed by each can be designated, each owns
his portion, but the consent of the majority must be given to
its re-publication. If such work be undertaken or published
by a single person or corporation, the latter owns the copy-
right of the entire work, but each author has the right to
republish his parts, singly or collectively ; and such parts
cannot be published singly without consent of their authors.
Either of the joint authors of a dramatic work, or his heirs
or assignees, may authorize its representation unless cither-
wise stipulated ; if there are several heirs or assignees, their
COPYRIGHT LAW. 665
vote is only counted as that o the author whom they repre-
sent. (Arts. 1148-1152, 1184-1185.)
Art. 999. Translations. An author may reserve the right
to publish translations of his works, but should state whether
the reservation is limited to a certain language or extends to
all languages. If the author does not make such reserva-
tion, or has granted the right of translation, the translator
has all the rights of an author in regard to his translation,
but cannot prevent other translations, unless the author also
grants that power. The judge will decide all disputes after
hearing the opinions of experts. (Arts. 1154-1157.)
Art. 1000. Unauthorized Reproduction. Xo one may re-
produce the work of another, under the pretext of annotating,
commenting upon, or enlarging it or improving the edition,
without the permission of the author, but such commentaries
or additions may be published separately by their author
and copyrighted. Like permission is also necessary to make
an abridgment or compendium of a work ; but if the former
is of such merit or importance as to constitute a new work
or one of general utility, the government may authorize its
publication, after hearing the parties and experts. In such
event, the author or owner of the original work shall receive
as indemnity of from fifteen to thirty per cent, of the net
proceeds of all editions of such compendium. (Arts. 1158
1160.)
Art. 1001. Anonymous and Posthumous Works. Anony-
mous and pseudononymous works are within the terms of
the copyright law, upon their authorship being proven; if
the author is unknown, the editor of such a work has all the
rights of an author. Heirs and assignees will have the same
rights in respect to posthumous works as the author. The
first publisher of an old manuscript (codice^) of which he is
the legitimate possessor, is entitled to its copyright during his
666 COMPENDIUM OF MEXICAN LAW.
life. Posthumous dramatic works cannot be represented ex-
cept by consent of heirs or assignees ; the copyright is for
twenty years for dramatic and thirty years for literary works ;
that of anonymous dramatic works is for thirty years. (Arts.
1142-1144; 1163-1165; 11S1-11S3.)
Art. 1002. Newspapers Laws. Political periodicals are
not subject to copyright, except as to scientific, literary or
artistic articles ; but any person publishing parts of the free
matter must cite the name and number of the paper from
which it is taken. Laws, regulations, and decisions of the
courts may be published by any one after they are officially
published, the editor using the authentic text ; but collections
of the same cannot be published without consent of the gen-
eral or state governments respectively. (Arts. 1153, 1166.)
Art. 1003. Dramatic and Artistic Copyright. These di-
visions of the copyright law are in the most part entirely
covered by the principles already stated in regard to literary
copyright, the few minor exceptions being of no importance
to our treatment ; they are to be found scattered between Ar-
ticles 1168 and 1200, most of which have been cited above.
CHAPTER 2.
INFRINGEMENT OF COPYRIGHT.
(Falsificacion.}
Art. 1004. What is Infringement.
1005. What is not Infringement.
1006. Penalties for Infringement.
Art. 1004. What is Infringement. Infringement takes
place when anyone, without the consent of the lawful owner,
publishes any copyrighted literary matter or translations of
it, and represents, executes or reproduce? dramatic, musical
COPYRIGHT LAW. 667
or artistic matter or objects, whether by the same or a differ-
ent process than that employed in the original ; omits the name
of the author or translator; changes the title of a work or
suppresses or varies any part of it, or publishes a greater
number of copies than stipulated ; reproduces a piece of
architecture to do which it is necessary to enter a private
house ; publishes or executes a piece of music made up of
extracts from others, or arranges a musical composition for
separate instruments. Also when works are published, repro-
duced or represented in violation of the provisions of the copy-
right law. Also the advertisement of a dramatic or musical
work without consent of the owner, although the author is not
named and the representation never takes place. The deal-
ing in infringed works, either within or without the country,
is also an infringement. So likewise is the publication of a
work contrary to the law regulating the liberty of the press ;
together with every publication or reproduction which is not
literally embraced in the next following Article. (Arts.
1201-120G.)
Art. 1005. What is not Infringement. The following are
not infringements : Literal quotation or insertion of extracts
or passages from published works ; the reproduction or
abridgment of articles in reviews, dictionaries, periodicals
and works of this class, provided the work from which taken
is cited, and that the part reproduced is not excessive in the
judgment of experts; the reproduction of poems, reminis-
cences, addresses, etc., in works of literary criticism, of the
history of literature, in periodicals, and in books for educa-
tional establishments; the publication of a collection of liter-
ary compositions taken from other works; that of additions
and changes of the work of another, made separately: that
of uncopyrighted works, and those of a dead author without
heirs or assignees, and anonymous and pseudononymous
works, except as stated in Art. 1001 ; the reproduction of dra-
matic or musical works, without stage effect^, in private houses
GGS COMPENDIUM OF MEXICAN LAW.
or in public concerts where there is no paid attendance, or the
proceeds of which are intended for charity ; the publication
of librettos of operas and the words of other musical com-
positions, unless the owner has reversed that right ; the
translation of works already published, except as provided
in Article 999; the reproduction of sculptural works,
if the difference between the copy and the original is such
that it may be considered a new work in the judgment of ex-
perts, or of those found in public places ; the reproduction
of works of painting, engraving or lithography made by
moulding (en phistica), and of works of this class made by
those processes ; that of a model already sold, if there are sub-
stantial differences; that of architectural works on public
braidings or on the outside of private houses ; the use of ar-
tistic works as models for manufactured products. (Art.
1207.)
Art. 1006. Penalties for Infringement. The infringer of
a copyright forfeits to the owner of the work all copies of the
infringement and the price of any sold, or must pay the
price of all at the owner's option; and all plates, molds,
and matrices used in the fraudulent edition, except the
types themselves, shall be destroyed. The infringer of mu-
sical or dramatic Avorks shall pay the owner all the pro-
ceeds which he has derived, without deduction for expenses :
and the owner may attach the receipts at any time and may
prevent the rendition of the work; and all copies of the
work distributed to those taking part shall be destroyed, and
the owner may also recover damages; besides all which, the
infringer is subject to the penalties prescribed for fraud by
the Penal Code. The details of estimating and enforcing
the damages are omitted. (Arts. 1208-1233.)
COPYRIGHT LAW. 669
CHAPTER 3.
PROCEEDINGS FOR COPYRIGHT.
Art. 1007. How Acquired.
100S. General Provisions.
1009. Foreigners.
Art. 1007. Copyright How Acquired. To secure copy-
right, the author, translator or editor, as the case may be,
must file in person, or by his attorney having due power of
attorney, with the Department of Public Instruction and
Fine. Arts, 1 his declaration of the reservation of his rights,
and must deposit two copies of every printed book, musical
work, "engraving, and similar work, or one copy of the draw-
ing, design or plan of works of architecture, painting, sculp-
ture 1 , and similar works, stating the dimensions and all other
circumstances which characterize the original, such copies be-
ing for the Xational Library, the National Conservatory, the
School of Fine Arts and the General Archives, as the case may
be ; a like deposit will be made for each new edition or issue
of every work. If the work is published without the name
of the author, he must, in order to secure its copyright,
present with the required copies of the work, a sealed packet,
marked as he may deem desirable, containing his name.
i/ / o
The author, translator or editor must also place on the
title page of books and musical compositions, at the bottom
of prints, and at the base or other visible part of other
artistic works, his name, the date of publication, the notice
that he has secured copyright through having made the
deposit of copies required by law, with such other legal con-
ditions and notifications as lie deems advisable. Failure to
make such announcement, destroys the copyright. Copy-
right in regard to the representation of dramatic and musical
1 As amended bv Decree of 10 Mav, 1905; See Art. 135.
670 COMPENDIUM OF MEXICAN LAW.
works is an incident of the literary copyright to the authors.
(Arts. 1234-1249.)
Art. 1008. General Provisions. Contracts in regard to
publication of a work should stipulate the number of copies,
otherwise infringement will not lie on that ground (1247).
One directing a "work to be made at his expense is considered
its author unless otherwise agreed (1253). If the author,
translator or editor of a work which has been given to the
public, dies without securing copyright, his heirs cannot se-
cure it (12G1). Literary and artistic copyright prescribes
in ten years, computed as provided in Art. 990; dramatic
copyright in four years from the first representation or pro-
duction of the work (1203). Copyright under this law is
personal property, unless the law otherwise provides in spe-
cial instances (1204). When it is desirable to reproduce
any work, and its owner will not do it, the government may
order it done either at its expense or through public bid-
ding, after payment of indemnity and on the other conditions
prescribed for the taking of property for public uses (1205).
Copyright cannot be had in works prohibited by law or with-
drawn from circulation by judicial decree (1200).
Art. 1009. Foreigners. There is no distinction of legal
rights between Mexicans and foreigners when the work is
published in the Republic. If the work is published abroad
by a Mexican or a resident foreigner, he may secure copy-
right upon riling the declaration and making the deposit of
copies required by law. The translator of a work written
iu a foreign language is considered as its author in respect
of his translation. Foreign authors residing in other coun-
tries enjoy the same rights as Mexicans, if in the country
where the work is published Mexicans enjoy the same rights
as the former. (Art-. 1207-1271.)
CIVIL RKSPONSIUII.ITY. 671
BOOK XVIII.
CIVIL RESPONSIBILITY IN TORTS
AND CRIMES. 1
TITLE I.
GENERAL PRINCIPLES OF LIABILITY.
(Codigo Penal Reforrnado, of 7 December, 1871; Arts.
301-3(37.)
CHAPTER 1.
EXTENT AND REQUISITES OF CIVIL RESPONSIBILITY.
Art. 1010. Nature and Extent of Liability.
1011. Suits for Damages Survival of Action.
Art. 1010. Nature and Extent of Liability. Civil respon-
sibility arising from an act or omission contrary to a penal
i AMERICAN COURT DECISIONS CONSTRUING MEXICAN
PENAL CODE.
The provisions of this Chapter in respect to the civil responsibility
of railroads for death and personal injuries have several times been
before the American Courts in damage suits brought to recover dam-
ages for injuries received in Mexico, resulting in a flagrant conflict
of authority. The Mexican laws have been given effect in Evey vs. Mex-
ican Central Ey. Co. (C. C. A.) 81 Fed. Rep. 294; 26 C. C. A., 407;
38 L. R. A., 387; Mexican Cent. Ry. Co. vs. Marshall (C. C. A.). 01
Eed. Rep., 933; 34 C. C. A., 133; Mex. Cent. Ry. Co. vs. Mitten, 13
Tex. Civ. App., 653; Mex. Cent. Ry. Co. vs. Gehr, 66 111. App. 173.
Other Courts, including the Supreme Court of the United States, in
Slater vs. Mexican Cent. Ry. Co., 194 U. S. 120; (S. C. 115 Fed. Rep.
5!):> and 53 C. C. A. 230), have refused to give them effect because of the
peculiar method of assessing damages; in this class also are: Mex-
ican Cent. Ry. Co. vs. Chantry. 136 Fed. Rep. (C. C. A.) 316; Mexi-
can National R. R. Co. vs. Jackson. SO Tex. 107: 31 L. R. A. 276; 59
Am. St. Reps. 2S. A number of other Articles of the Mexican Codes
and statutes are cited and some of them construed in the above cases.
672 COMPENDIUM OF MEXICAN LAW.
law. consists in the obligation of the party responsible, to
make: 1, Restitution; 2, reparation; 3, indemnization ; 4,
payment of judicial costs.
Restitution consists in the return of the thing wrongfully
taken (cosa usurpada), together, in cases where required by
the civil law, with its existing " fruits " ; if the thing has
passed into the possession of a third person, although he
acquired it by just title and in good faith, he must restore it
to its owner, if it is not yet prescribed, but he has the right
to recover indemnity from the person from whom he ac-
quired it.
Reparation embraces the payment of all damages (dailos)
caused to the injured party, to his family or to a third person,
by the violation of a substantial right (derecho formal), exist-
ent and not simply possible, provided such damages are actual
and result directly and immediately from the act or omis-
sion in question, or there is a certainty that they will result
as a proximate and inevitable consequence thereof. Tf the
damage consists in the loss or serious injury (grave deterioro)
of a thing, its owner is entitled to recover its full value, but
if the injury is slight, its estimated amount will be paid
and the thing restored.
Endemnization involves the payment of losses (perjuicios),
that is, of what the injured party is deprived of gaining
(dcja <le lucrar) as the direct and immediate consequence
of an act or omission which violates a substantial right
(d'Ti ch<j formal), existent and not simply possible, and of
the value of the already consumed " fruits '' of the thing
wrongfully taken, where the same must be accounted for
according to the civil law. The foregoing requirement that
the " daiios y perjuicios '" must be actual, does not prevent
recovery by a new action of those afterwards accruing, where
they result directly and as a necessary consequence from
the same act of omission.
I he payment of judicial costs is limited to those absolutely
nece-sary incurred by the injured party in the investigation
CIVIL RESPONSIBILITY. 673
of the act or omission which gives rise to the criminal pro-
ceeding, and in asserting his rights in it and in the civil suit.
(Arts. 301-307.)
Art. 1011. Suits for Damages Survival of Action. Civil
responsihility can only be enforced at the instance of a law-
ful party (paric legitima). In deciding upon such liability,
the judges will follow the provisions of this Title on all
points herein treated; in all other respects they will observe
the provisions, according to the nature of the case, of the
civil or commercial laws in force at the time of the act or
omission which gives rise to the civil responsibility. The right
to recover damages forms part of the estate of the deceased
and passes to his heirs and successors, except as below pro-
vided in respect to alimenlos, or where it arises from defama-
tion (injuria 6 difamacion), and the injured party did not
during his lifetime, if he had the opportunity, bring a suit
nor direct his heirs to do so, the offense being thereby re-
mitted. The action to demand support (aliment os) from a
murderer is personal, and belongs exclusively to the persons
mentioned in Article 1013, as directly injured; hence such
action is no part of the estate of the deceased, nor is it
extinguished although the latter during his lifetime par-
doned the offense. In cases of rape or seduction, the woman
cannot require, as a reparation to her honor, that the man
shall marry or endow her. (Arts. 308-312.)
CHAPTER 2.
COMPUTATION OF DAMAGES.
Art. 1012. Loss or Injury of Property.
1013. Death by Wrongful Act " Alimentos " as Damages.
1014. Personal Injuries Disabilities.
Art. 1012. Loss or Injury of Property. The judge who
tries a suit for civil responsibility will endeavor to have
43
674 COMPENDIUM OF MEXICAN LAW.
the parties agree upon the amount of damages and the terms
of payment ; if they do not agree, the rules herein prescribed
will be observed.
In cases of loss or injury of a thing, for which any of the
persons mentioned in clause II of Art. 1017 is liable by rea-
son of its having been formally delivered to him as pro-
vided in clause III of Art. 1018, if the person so delivering
it fixed a value on it at the time, such valuation shall be
taken as its legitimate value, provided that a copy of the
entry required by said Art. 1018 was issued at the time;
otherwise the ordinary value of the thing at the time when
it should have been delivered to its owner, shall be paid,
whether greater or less than it had before, and disregarding
any " value of affection " which its owner may set upon it ;
and where the injury to the thing is slight, it shall be esti-
mated in the same way, and the thing returned to its owner.
But if it is proven that the thing was purposely destroyed
or injured with the intention of hurting the owner in his
affection for it, the foregoing rules will not apply, and the
" estimative " value put upon it by the owner will be as-
sessed, but not in excess of one-third of its ordinary value.
(Arts. 313-317.)
Art. 1013. Death by Wrongful Act " Alimentos " as Dam-
ages. Civil responsibility arising from death by wrongful
act (homicidio ejecutado sin derecJio), embraces: The pay-
ment of necessary burial expenses ; of the necessary costs
and expenses of medical care to the deceased ; of the dam-
ages (danos) occasioned by the person causing the death
(homicida} to the property of the deceased; and the pay-
ment of support (alimentos) not only to the widow, de-
scendants and ascendents of the deceased whom he \vas sup-
porting under legal obligation, hut also to anv posthumous
descendants lie may leave 1 . The obligation to provide -ndi
alimcnloK shall continue for the whole time that the dceca-ed
should have lived if he had not been killed; such time will
CIVIL RESPONSIBILITY. 675
be calculated by the judge according to the Table of Life
Expectancy hereto annexed, but taking into consideration
the state of health of the deceased previous to the homicide.
In order to determine the amount of the alimentos which
must be provided, the means or ability (los posibles) of the
party liable, and the necessities and circumstances of the
persons who are to receive them, will be taken into consid-
eration. The obligation to provide support shall cease: 1,
At any time when it is not absolutely necessary for the sub-
sistence of those receiving it ; 2, when they marry ; 3, when
male children attain their majority; 4, in any other event,
in which, according to law, the duty of the deceased to pro-
vide it, if alive, would have ceased. (Arts. 318-320.)
TABLE OF LIFE EXPECTANCY,
ACCORDING "TO AGE.
Years of Age. Expectancy of Life.
10 ............................... 40.80
15 ............................... 37.40
20 ............................... 34.26
25 ............................... 31.34
30 ............................... 28.52
35 ............................... 25.72
40 ............................... 22.89
45 ............................... 20.05
50 ............................... 17.23
60
11 05
65
9.63
70
7.58
75
5.87
80 ...
4.60
85 .
2.00
Art. 1014. Personal Injuries Disabilities. Tu case of
blows or wounds from which th' 1 injured party is not crip-
670 COMPENDIUM OF MEXICAN LAW.
pled, lamed or deformed, he may recover from the person
inflicting the same the expenses of treatment, the damages
(danos) which he has suffered, and whatever he has been pre-
vented from gaining while, in the judgment of medical experts
(facuHativos) , unable to engage in his work of livelihood, but
such disability to work must be the direct result of his in-
juries or of a cause which is the immediate effect thereof.
If such disability to follow his habitual work is permanent,
but upon the healing of his wounds he can engage in a dif-
ferent work, which is lucrative and adequate to his educa-
tion, habits, social position and physical constitution, the
amount of damages will be reduced to the difference between
what he can earn in such work and what he earned daily in
the work in which he was formerly engaged. If the blows
or wounds cause the loss of some member not indispensable
for his work, or the injured party is otherwise crippled,
lamed or deformed (baldado, lisiado 6 dcfonne), he may
by reason of such circumstance recover not only his " danos
'II perjuicios" but also such amount as extraordinary iu-
demnization as the judge may award him, taking into con-
sideration the social position and sex of the injured person
and the part of the body in which he is so injured. The
amount of earnings (lucro) which the injured party was
prevented from receiving while disabled from working, will
be computed by multiplying the amount which he was earning
daily by the number of days lie was disabled. The foregoing
rules lor computing the amount of damages for wounds or
blows will be applied in all other cases where, through the
violation of a penal law, one person causes to another any sick-
ness or disability to work. (Arts. 1321-325.)
CIVIL RESPONSIBILITY. 677
CHAPTER 3.
PERSONS CIVILLY RESPONSIBLE.
>
Art. 1015. -Essential Grounds of Liability.
1016. Persons Liable In Loco Parcntis.
1017. Master and Servant Carriers Innkeepers, etc.
1018. Inn-Keepers and Carriers Valuables.
1019. Liability for Costs Avoiding Injuries.
1020. Damages by Animals and Things Telegraphs.
1021. Damages to Persons Acquitted or Wrongfully Accused.
1022. Same Liability of Judges and Officials.
1023. Transmission of Liability.
Art. 1015. Essential Grounds of Liability. Xo one can be
declared, civilly responsible for an act or omission contrary
to a penal law, unless it is proven : That be wrongfully took
(sc usurpo) tbe property of another; that by himself or
through another he wrongfully (sin dereclio} caused damage
and loss (danos y pcrjuicios} to the plaintiff; or that, being
able to prevent it, the damage and loss were caused by an-
other person under his control. Where any of the foregoing
conditions exist, the defendant is civilly responsible, whether
he is convicted or acquitted of criminal responsibility. This
rule applies not only to the principals in a duel which re-
sults in wounds or killing, but also to the seconds or wit-
nesses, but not to the physicians or surgeons who attended
the combat in such capacity. But the rule does not apply to
persons who fail to use all the lawful means in their power
to prevent the commission of crime, or to aid in its inves-
tigation and in pursuit of the criminals, as required by
Article 1 of the Penal Code 1 , as such persons do not thereby
incur civil responsibility. (Arts. O^H-.'J^S.)
Art. 1016. Persons Liable In Loco Parentis. In accord-
ance with the preceding Article, the following are civilly,
but not criminally, responsible for acN and omissions: 1,
The 1 father, mother and other ascendants, for the descend-
678 COMPENDIUM OF MEXICAN LAW.
ants under their patria potestad, in their company, or under
their immediate care, except in cases where their teachers or
masters are responsible as below provided ; 2, guardians
for the acts or omissions of insane wards or minors who live
with them under their authority, with the above exception
in respect of minors; 3, school and shop masters who receive
scholars or apprentices under eighteen years of age, who are
responsible for their acts or omissions committed during
the time they are under their care; but the persons mentioned
in the three foregoing clauses will not be responsible if
they prove that they were without fault (culpa}, and could
not prevent the act or omission complained of, and in order
to determine whether they were at fault the circumstances
of the act or omission and of the persons mentioned and of
those for whom they are responsible, will be taken into con-
sideration ; 4, the husband will be responsible for his wife
only in the event that the plaintiff proves two things :
(a), That the husband had previous knowledge that his wife
was going to commit the crime in question, or that he saw
her commit it; (b), that he had the actual ability to pre-
vent it, or that if he did not have, it was for his own fault.
(Arts. 329, 333.)
Art. 1017. Master and Servant Carriers Innkeepers,
etc. In order that masters shall be responsible for their
clerks and servants it is precisely necessary that the acts or
omissions of the latter, which give rise to the responsibility,
be committed in the service for which they are employed
(a (JUG Itan sido destinados). Upon the above conditions,
the following arc responsible:
1, Members of a company, for the acts or omission? of its
managing members, on the same terms as, according to the
civil or commercial law, they are liable for other obligations
contracted by them: married women are excepted from this
rule, as she is in no event responsible for the crime of her
husband.
CIVIL RESPONSIBILITY. 679
2, Owners of stages, coaches, carts and all kinds of vehi-
cles, for their own use or for hire ; the owners or drivers
of pack-trains ; railroad companies ; the managers or con-
tractors of mails and posts ; the owners, outfitters and cap-
tains of canoes, boats and vessels of all kinds ; the owners and
keepers of hotels, inns, boarding-houses, or any kind of house
engaged in whole or part in constantly receiving guests for
pay, and of cafes, eating-houses, baths and livery-stables, for
the acts or omissions of their clerks or servants ; liability in
all the cases hereinbefore mentioned being subject to the rules
stated in the succeeding Articles.
3, The State, for its public officials, employes and clerks,
but such obligation is subsidiary and will be paid out of the
indemnization funds.
4, Municipal Councils (Ayuntamientos^) , out of their funds,
on the same terms as the State, for their employes and
clerks, provided : That said employes or clerks caused the
damage or loss in the discharge of their duty, that they
are appointed and paid by the Ayuntamienios, and are un-
der their orders and subject to be removed by them.
The civil responsibility of all the persons above mentioned
in this Article does not relieve those on account of whom
they incur it, and the injured party may enforce the liabil-
ity in the terms prescribed in Arts. 1024-1025 ; but this
rule does not apply to the case where the person causing
the injury acts in the name and by the order of another,
doing in good faith an act not criminal in itself, and in
excusable ignorance of the circumstances which constitute
it a crime ; in such event the agent is not responsible either
to the injured person or to the person in whose name he
acted. (Arts. 330-')3:>.)
Art. 1018. Inn-keepers and Carriers Valuables. The
owners and keepers of inns and houses of all kinds destined in
whole or part to constantly receive guests for pay, do not incur
civil responsibility in the following cases: ], Where they
680 COMPENDIUM OF MEXICAX LAW.
prove that the damage was due to accident (caso fortuito}, or
that without their fault or that of their clerks or servants,
it was caused by armed force or by other vis major which
they could not resist; 2, where it concerns effects left out-
side of the establishment ; 3, where the loss is of money,
precious jewels, bank notes, or other securities which the
passenger carries with him, and which should not prudently
be a part of his traveling baggage, and are not necessary for
his expenses, considering his social position, the object of
the trip and other circumstances, unless he delivered such
valuables in detail, for safekeeping, to the keeper of the
establishment, and the latter issued to him a copy of the
entry below mentioned ; 4, where the damage is caused to
one passenger by another, or by a person not in the service of
the establishment, if the keeper or his clerks or servants
were not at fault, or if the person injured is himself at
fault. Persons living regularly (que vivan de pie) in such
establishment, and not as passengers, are bound by the pro-
visions of clause 3 above, except that they may keep in their
rooms such amount of cash as is absolutely necessary for
their expenses for one month.
The keepers of all such establishment must keep a reg-
ister in which they must enter: The money, securities,
jewels and other effects delivered to them for safekeeping,
stating the value put on them by the owner if he wishes
to state it ; if he does so and the parties agree upon it, it
will be so stated in the entry, and the innkeeper will be
responsible for such price ; but if they disagree about it, or
it is not fixed, he will be liable for the value assessed by the
judge upon the testimony of experts. A copy of the fore-
going entry will lie given to the owner of the objects de-
posited. This requirement, and those of clauses 1, 3 and
4 above, are applicable to all carriers mentioned in clause 2
of the preceding Article. (Arts. 334-337.)
Art. 1019. Liability for Costs Avoiding Injuries. Onlv
CIVIL RESPONSIBILITY. GS1
those are responsible for costs against whom a criminal ac-
tion or suit for civil responsibility has been prosecuted and
who have been adjudged liable by final judgment, in which
event the following rules will be observed: 1, If all have
been convicted of the same offense they are jointly and
severally liable for the costs; 2, if besides of the offense
common to all, some one is convicted of a different offense,
the costs thereby accrued will be borne by him.
One who upon a valuable consideration (a titulo lucrative)
and in good faith shares in the effects or products of a
crime or misdemeanor (delito 6 falta), is obliged to respond
for the damage and loss only to the extent of the value which
he has received.
Where damage or loss has been caused to the property of
one person in order to save the property of others, the latter
are civilly responsible pro rata, in the opinion of the judge,
in proportion to the damage from which each has been saved ;
but if the injury was not avoided only the person who com-
mitted or ordered the damage will be responsible. AY here
the damage has been caused in averting damage to an entire
district or town, the town or towns from which the damage
has been averted will make indemnity in the terms pre-
scribed in the Civil Code ; but if the damage is not averted,
the indemnity will be paid by the public Treasury and not
from the common indemnity fund. (Arts. 339-342.)
Art. 1020. Damage by Animals and Things Telegraphs.
For loss and damage caused by an animal or thing, the
person who was making use of the same when the damage
was caused is responsible, unless he proves that ho was with-
out any fault ; the injured person may take possession of or
even kill the animal which injured him, in cases where the
law gives him such right.
Telegraph companies and their employes are civillv liable
only in the cases and terms which will be prescribed in a
special law concerning telegraphs. (Arts. 338, 3! 3.)
COMPENDIUM OF MEXICAN LAW.
Art. 1021. Damages to Persons Acquitted or Wrongfully
Accused. Where a person accused ex officio is acquitted,
not for failure of proof, but by having established his com-
plete innocence of the crime of which he was accused, and
his former conduct was not such as to induce the belief that
he was guilty, it will be so declared ex officio in the final
judgment ; and if the accused so requests, and after hearing
the representative of the Ministerio Publico, the judgment
will fix the amount of " danos y perjuicios " which he has
suffered by the prosecution ; in such event, the damages will
be paid from the common indemnization fund, if the offi-
cials mentioned in the following Article are not responsible
or are unable to pay.
The acquitted party has a like right against the person
who complained or informed against him, subject to the
fallowing rules: 1, lie will be entitled to the costs of the
criminal process only when the complainant or informer
has acted as assistant to the Ministerio Publico or Promoter
Fiscal, and the complaint or denouncement has given place
to the prosecution, or where, without becoming assistant to
the prosecution, his complaint or denouncement was calum-
nious or rash ; 2, the costs incurred by him in a suit for civil
responsibility, if he is successful, will be repaid to him by
the party who made the complaint or denouncement; 3, the
complainant or informer will be liable to him for " danos
y perjuicios " only when the complaint or denouncement was
calumnious or rash. The amount of judicial costs will be
precisely fixed in the judgment which orders their payment.
(Arts. 344-34G.)
Art. 1022. Same Liability of Judges and Officials. The
provisions of the preceding Article apply to public officials
\vho, in the exercise of their office, rashly or calumniously
make an accusation or denouncement, or give notice of a
crime. .Indues and every other public authority, employe
or official, shall be civilly responsible: For arbitrary cle-
CIVIL RESPONSIBILITY. 683
tentions made by them by improperly ordering the arrest of
a person; for detaining a person in prison longer than the
law permits ; for the damages (perjuicios} caused by
their want of skill or knowledge (unpericia) or by their
delay (rnorosidad) in the dispatch of business; and for
every other misdemeanor or crime (falta 6 deli(o) committed
in the exercise of their functions, by which they cause
" danos 6 pcrjulcios" to others. (Arts. 347-348.)
Art. 1023. Transmission of Liability. Upon the death of
the party responsible, to his heirs is transmitted the obliga-
tion to satisfy the civil responsibility, to the extent of the
property inherited, which shall pass to them subject to this
encumbrance. -(Art. 349.)
CHAPTER 4.
DIVISION AND ENFORCEMENT OF LIABILITY.
Art. 1024. Joint and Several Liability Contribution.
102.3. Same Exceptions.
1026. Enforcing Liability Property Subject
1027. Extinction of Liability and Actions
Art. 1024. Joint and Several Liability Contribution.
Where various persons are condemned for the same act or
omission, all and each of them will be liable for the whole
amount of damages, and the plaintiff may sue them all
jointly or any one or more of them, as he pleases ; but if
he does not sue all, those who pay may recover of the others
the share which they should pay in accordance with the fol-
lowing rules: If the law does not establish the share of
liability of each party, the criminal judges will fix it in
proportion to the penalties they impose, and the civil judges
in proportion to the penalties imposed by the former, or
which should be imposed if not yet decreed ; if no penalty
is to be imposed because they are acquitted of any criminal
COMPENDIUM OF MEXICAN LAW.
offense, but they are nevertheless civilly liable, it will be
divided among them pro rata. Such division of liability
among themselves does not affect their joint and several lia-
bilitv to the plaintiff as above provided, but only concerns
their contribution where one pays more than his share.
(Arts. 350-352.)
Art. 1025. Same Exceptions. In cases of restitution
suit can be brought only against the party in possession of
the thing or its fruits, but if he is not the wrongful taker,
he may recover from the person from whom he acquired it.
The rule of joint and several liability does not apply to
those receiving stolen property (encubridores^) except in
respect to the damages and losses resulting with regard to
the property received.
The provisions of the preceding Article do not apply to
minors or insane persons who are under pat r la potestad or
guardianship, nor to masters or employers, in respect to all
of whom the following rules will be observed : Those de-
prived of reason and minors without discernment, will only
be responsible when the persons having them in charge are
not civilly responsible or have no property to satisfy it ;
but if they are not under guardianship or patna potestad
they alone will be responsible ; 2, where the minor acts with
discernment, neither he nor his guardian can recover from
the other more than one-half of the amount of damages,
where one of them has paid the entire amount ; 3, where
clerks or servants act against the orders of their master, or
without exactly complying with them, the latter may recover
from the former all damages and losses which he may have
paid. But if such damages and losses are caused as the
necessary consequence of the master's orders, and the clerk
or servant acts in good faith in doing an act which is not
criminal in itself, and in ignorance of the circumstances
which make it a crime, he does not incur civil responsibility
CIVIL RESPONSIBILITY. 685
to the injured party, nor can the master recover of him any
damages he may have had to pay. (Arts. 353-355.)
Art. 1026. Enforcing Liability Property Subject. The
entire property of the party responsible is subject to the
satisfaction of the damages, with the exception of the reserve
fund created by Art. 85 of the Penal Code, the wearing
apparel of himself and family, his household furniture, and
instruments, tools or books used in his trade or profession,
together with all other property exempt from embargo by
the laws, and without prejudice to the " benefit of compe-
tency " allowed to insane persons and to minors and deaf-
mutes acting without discernment. If such property is not
sufficient to satisfy the damages, the balance will be taken
from the twenty-five per cent, fund provided for that pur-
pose by clause 1 of Art. 85 of the Penal Code ; if the amount
is not yet satisfied, and the defendant has served out his term
of punishment, the judge will compel him to pay the entire
balance in monthly payments such as, in his judgment, he
is able to pay after the necessary living expenses of himself
and family; or if he afterwards acquires property sufficient
to satisfy the damages, the injured party may require him
to pay in a lump sum all that is due him.
Where a party adjudged to make restitution, reparation,
indemni/ation, the payment of judicial costs, and a fine,
has not sufficient property to satisfy all these liabilities, they
shall have preference of payment in the order named. (Arts.
350-300.)
Art. 1027. Extinction of Liability and Actions. The sev-
eral actions for the enforcement of civil responsibility, or
for obtaining execution against the defendant adjudged by
final judgment to be liable therefor, shall be extinguished
within the terms and in the manner prescribed by the Civil
or Commercial Codes according to the nature of the case,
subject to the following limitations: Civil responsibility,
686 COMPENDIUM OF MEXICAN LAW.
nor the actions for its recovery, nor the lawful rights ac-
quired by third persons, are not extinguished by amnesty;
but where the responsibility has not yet been made effective,
and the object is not restitution but the reparation of dam-
ages (c/a/lo-s), the indenmization of losses (pcrjuicios), or
the payment of judicial costs, the defendant is discharged
from these obligations only where it is so declared in the
amnesty and it is expressly left to the charge of the Treas-
ury; nor are such liability, actions and rights extinguished
by a pardon (indulto). Prescription is interrupted by the
criminal proceeding until final judgment is pronounced,
whereupon its term will begin to run anew (de nueuo).
The right to civil responsibility is extinguished by set-off
(compensacion), except where the thing wrongfully taken
(cosa usurpada) exists in the possession of the party respon-
sible and he is sued for its restitution. (Arts. 303-367.)
TITLE II.
CRBIIXAL BASIS OF CIVIL RESPONSIBILITY.
(Codigo Penal Reformado.)
CHAPTER 1.
CRIMES AND MISDEMEANORS IN GENERAL.
Art. 102S. General Rules Definitions.
102!). Clas-es of " TH//X/ " Intent.
Art. 1028. General Rules Definitions. A crime (dclito)
is the voluntary infraction of a penal law, by doing what
it prohibits or failing to do what it command-. A misde-
meanor ( ffilffi ) '}< the infraction of the regulations or edicts
(bnndox) of police and irood government. There are inten-
tional crime- and crime- of negligence (df'li/os r/c cu.ljft.
CIVIL KESrONSIBILITY. 687
An intentional crime is that committed with the knowledge
that the act or omission of which it consists is punishable.
Crimes of negligence (de culpa} arise:
1, When an act or omission is done, which although law-
ful in itself, is not so by reason of its consequences, if the
culpable party did not avert them because of want of fore-
sight (imprevision) j negligence (negligencia), by want of re-
flexion or of care, because of not making the proper investi-
gations, by reason of not taking the necessary precautions, or
on account of want of skill or knowledge (impericia) in an
art or science, the knowledge of which is necessary so that the
act shall produce no damage ; but the " impericia " is not pun-
ishable where the person doing the act does not profess the art
or science which it is necessary to know, and acted under pres-
sure of the gravity and urgency of the case.
2, By violation of the provisions of the Code requiring
every person to use all means in his power to prevent the
commission of crime and to aid in their investigation and
in the pursuit of criminals, except in cases that it cannot
be done without danger to the person or interests of the cul-
pable party or of some near relative.
3, Where the act is only punishable on account of the cir-
cumstances under which it was done, or por alguna persona
(sic) of the injured party, if the culpable party was ignorant
of them because of not having previously made the investiga-
tions which the duty of his profession or the importance of
the case required.
4, When the defendant infringes a penal law while in a
state of complete drunkenness, if he is in the habit of be-
coming intoxicated, or has previously committed some pun-
ishable infraction while drunk.
5, Where there is excess in legitimate defense. (Arts. 4-
7, 11.)
Art. 1029. Classes of " Culpa "- Intent. For the crime
of negligence (dclito d<- n;'j,<t} to be punishable, it is neces-
<588 COMPENDIUM OF MEXICAN LAW.
sary : 1, That it shall be consummated ; 2, that it is not
so light (leve) that, if it were intentional, it would only
be punished by one month of arrest, or by a first-class fine. 1
Culpa is of two classes: Grave or light. In the above cases
of preventing crime it is always light ; in all other cases it
is left to the prudent discretion of the judges to decide
whether the " c til pa " committed is grave or light, and in so
deciding they will take into consideration: The greater or
lesser facility to foresee and avert the damage ; whether for
such purpose ordinary reflexion or attention and common
knowledge in some art or science would be sufficient ; the
sex, age, education, intelligence and social position of the
culpable parties ; whether they have previously been delin-
quent in similar circumstances; and whether they had time
to act with the necessary reflexion and care. Misdemeanors
(faltas*) are punished only when they are consummated,
without regard except to the material fact, and regardless of
intention or negligence (culpa~). (Arts. 12, 1417.)
TITLE III.
LIABILITY OF RAILROAD COMPANIES.
(Railroad Law, of 29 April, 1899.)
CHAPTER 1.
GENERAL FREIGHT AND BAGGAGE PROVISIONS.
Art. 10'29u. Railroad Kates Regulation.
1030. Duty to Receive and Transport Condition.
i Fines (mulla*) are of three classes: 1st. from $1 to $15; 2nd,
from slti to si. 000; 3rd, of amount fixed in the law, or basis fixed for
determining the amount of the fine. " Arrcsto," which is distinguished
from " i>ris!6n.'' is " minor," or from 3 to 30 days, and " major,'' from
I to 1 1 months. Where by accumulation of penalties the time exceeds
II months, it is converted into " jirision." Codigo Penal. Arts. 112, 124.
CIVIL RESPONSIBILITY RAILROADS. 680
Art. 1031. Bills of Lading Limiting Liability.
1032. Exceptions from Liability Freight.
1033. Exceptions from Liability Baggage.
1034. Connecting Carriers Liability.
1035. Foreign Shipments Liability.
1036. Loss of Goods -Measure of Damages.
103". Delays in Shipment -Weighing Freight.
1038. Change of Shipping Directions.
Art. 1029 A. Railroad Rates Regulation. Kailroads
have only the right, under their concessions, to receive the
rates fixed in the tariffs, and to enforce the conditions of
transportation legally established by the Companies, after the
same are duly approved by the Department of Communica-
tions and Public Works and published as herein provided.
Therefore are prohibited: 1, All contracts by which one
or more persons are granted a rate of passage or carriage
lower than that authorized by the tariff approved and pub-
lished ; 2, the refund of all or any part of the price of car-
riage or passage collected when the contract is made, for the
purpose of rebating or reducing the tariff rates ; 3, rebates
of passage or freight rates made out of their commissions by
agents who are paid commissions on sales of tickets or con-
tracts for transportation; all such agents will be considered
for all legal purposes as agents of the Companies, and such
sales or contracts are embraced under clause 1 of this Article;
4, every act or contract, the effect of which is to decrease or
rebate directly or indirectly the rates of passage or carriage
prescribed in the respective tariffs ; all contracts made in viola-
tion of this law are void, except as expressly herein excepted.
The Company, as well as its agent or employe, in their re-
spective cases, will pay as " dnnos y perjuicios " double the
amount of the difference of rates, to all those who, within
two months before and two months after the shipment made
at reduced rates, have made like shipments of goods between
tli*' places where said shipment was made. (Arts. 00, K>3.)
44
000 COMPENDIUM OF MEXTCAX T.AW.
Art. 1030. Duty to Receive and Transport Conditions.
From the moment that a railroad and its rates have been
approved by the Department of Communications and Public
Works, it cannot refuse, except as expressly herein pro-
vided, to transport merchandise to another station on its own
line: 1, If the goods, considering their class and nature, are
proper to be transported, if they are properly packed, and if
their handling does not require special appliances which the
railroad does not and is not required to possess; 2, if the
shipper conforms to the tariffs and to the rules in respect
to delivery of goods and other conditions which the railroad
has the right to fix; 3, if the normal means of the railroad
are sufficient to make the transportation.
Railroads are not obliged to accept goods for transporta-
tion before it can be done; but in the stations which the
Department, after a hearing of the company, may designate,
it is bound, within the time fixed by the Department, to have
and maintain sheds or other kinds of shelter, as it may elect,
in which, under the vigilance and responsibility of the owner,
goods may be protected against the dampness of the soil
and rain, until their turn conies and they are received by
the railroad for transportation; for the use of such shelter
the company may collect a compensation according to its
tariff approved by the Department. Xo shipment shall be
given preference over another in the order of transportation,
except for reasons connected with the installation and repair
of the road, with the circumstances of the transportation or
with the public interests. The infraction of the foregoing
rules renders the company responsible for damages and losses
thereby occasioned. (Arts. 100-110.)
Art. 1031. Bills of Lading Limiting Liability. The bill
of lading, besides the requirements of Art. 01)0, must con-
tain the following: 1, The declared value, if the railroad
company guarantees a fixed sum in case of re-p.onsibilirv :
2, the conditions under which the goods are transported,
CIVIL RESPONSIBILITY KAIT.KOADS. 691
whether according to those of the general tariff or to those
of a special tariff, stating which, whether with full or lim-
ited liability, and any other particular stipulations in such
cases as the law permits them ; 3, the number of the car or
cars, where they are taken whole, and the numbers of their
seals.
Railroad companies have not the right, except in cases
where specially authorized by law, to limit, in their regula-
tions, bills of lading or other documents issued by them, the
responsibility and obligations in respect to transportation,
imposed upon them by law, or to relieve themselves there-
from ; all rules, clauses or conditions inserted in any of
said instruments in violation of this Article are void.
The liability of railroad companies will be limited in
the following cases : 1, The liability will be fixed on the
basis of the goods declared for the issuance of the bill of
lading, where the shipper declares goods subject to a lower
rate than those actually contained in the shipment ; 2, the
liability shall be based on the merchandise really contained
in the shipment where the shipper declares different goods
or of a higher value than the shipment contains ; 3, where
it is stipulated that the liability, or loss, shortage or damage
shall not exceed a certain sum, but the railroad will never-
theless be liable for the full value of the shipment in case of
fraud, bad faith or culpability of the company or its em-
ployes ; 4, where the company is released of liability for
delay in delivery imputable to the railroad, or such liability
is limited to a certain sum, except in the instances in clause
3 stated. (Arts. Ill, 119, 123.)
Art. 1032. Exceptions from Liability Freight. Rail-
road companies, unless otherwise contracted, and except in
cases of fraud, bad faith or negligence (en caso de dnlo, mala
fe 6 cn!/i(i\ are not responsible for the loss, shortage (c/c'.v-
falcos) or injury (arericix}, or risks to which on the trip
are exposed: 1, Live animals; 2, merchandise, which at
692 COMPENDIUM OF MEXICAN LAW.
the written request of the shipper, is transported in open
cars in casts where the nature of the goods requires for
its protection to be transported in a closed or covered car ;
3, {roods shipped unpacked or with defective packing, which
by their nature should be properly packed, the want or defect
of packing to be stated in the bill of lading; 4, goods which
from their particular nature, from the fact of their trans-
portation by railroad, from their inevitable exposure to bad
weather, or on account of heat or other natural causes, are
exposed to special risks of total or partial loss or injury,
and particularly to breakage, oxidation, internal deteriora-
tion, waste (merma}, etc., the following rules being ob-
served :
A. The Department of Communications and Public Works
will form a table of merchandises subject to waste, taking
into consideration the duration of the trip and the seasons,
fixing for each article the proportion of waste to which the
liability of the company shall be limited ; B. such normal waste
so fi::ed shall be counted separately for each package included
in the same bill of lading, where the weight or dimensions of
each package is stated therein; C. the railroads may reserve,
with the approbation of the Department, the right of non-
liability, although the waste exceeds the normal limit, in
case the goods are loaded by the shipper or unloaded by the
consignee-; I), such non-liability shall not be allowed when
the losses, shortage or damage are due to stealage, or when
they do not arise from the nature of the goods, or if the
normal waste is not in keeping with their nature or with the
circumstances: K. in case of total loss the railroad is not
entitled to reduction on account of waste; ,">, explosive-, in-
flammable substances and all other articles of a dangerous
character, a list of all such articles being formulated by the
Department : (>, articles placed in coaches or other vehicles
transported by the railroad: 7. merchandise transported
under the care of a person placed in charge for that purpose
by the shipper with the consent of the railroad; ^, merchaii-
CIVIL RESPONSIBILITY RAILROADS. G93
dise which by the tariff or agreement with the shipper is
loaded or unloaded by him or by the consignee, provided the
car has no external lesion which may have caused the loss OT
damage; the shipper under this paragraph has the following
rights :
A. To load the car at the point of shipment; B. to seal
the car with his own seal or that it be sealed in his presence
with the company's seals ; C. to have the car unloaded at its
final destination by the person authorized to receive the
freight ; 1). to have the car unloaded in the presence of such
person, or in his absence in the presence of the Treasury
employe in charge of the fiscal inspection, or if .neither is
present, in the presence of any judicial authority ; the com-
pany has the right to require that such person, employe or
authority, before the seals are broken, issue to it a document
without stamps or other formality, showing the state of the
seals.
Where in accordance with the fiscal laws a car must be
opened in transit, the Treasury employe in charge of fiscal
inspection will examine the state of the seals before they
are broken, making a note of their number, and after the
inspection the car will be again sealed in his presence, and
he will issue to the conductor of the train a document stating
the number and condition of the seals before being broken
and the number of the new seals put on in his presence. The
company, in such case, does not guarantee the number of
packages stated in the bill of lading. (Art. 120.)
Art. 1033. Exceptions from Liability Baggage. X ei-
ther are railroad companies liable, unless otherwise con-
tracted, and except in cases of fraud, bad faith or negligence
("/(. CY/.VO dc dolo, mala fc n ru!j>a}, for the Kiss, shortage or
injury (pcrdida, desfalcos n arrrin*} of baircaire: 1, When
it is not delivered at the oth'ee of the railroad to be trans-
ported, but is kept by the passenger in the coach : 2, although
it has been delivered at the o trice, if the passenger docs not
C94 COMPENDIUM Or MEXICAN LAW.
claim the ba>'>'a;e within fifteen (lavs, in case of interior pas-
~O O v f A
sage, and within thirty clays in case of international passage,
such terms being counted from the day after the arrival of the
train on which the baggage should be carried.
In the cases of this and the preceding Article the pre-
sumption is in favor of the railroad company until it is
proven to the contrary, that the loss or injury was caused by
the fraud, bad faith or culpability of the management of
the railroad or its empolyes. The Department of Commun-
ications and Public Works will fix by Regulations the limit
of the responsibility of railroad companies for the loss or
damage of baggage the value of which has not been declared ;
where the value has been declared, the company has the right
to require that the packages with declared value shall not be
included in the baggage which the passenger is allowed to
carry free, but that such packages shall be sent by express
with the obligations and rights thereto annexed. The free
baggage shall include all packages of undeclared value, what-
ever the contents may be, whicli the passenger presents as
baggage, up to the limit of weight fixed by the concession, or
by the regulations of the company if they allow a greater
weight than the concession, but merchandise intended for
traffic or other commercial purposes cannot be included in
the free baggage.
The provisions of Art. ICKJG apply, with the exceptions in
this law contained, to the loss, shortage or damage to bag-
gage, but the time after which the same shall be considered
lost is fifteen days in interior passage and thirty days in
international, counted from the day following the arrival of
the train on which it ought to be carried. (Arts. 121-1 22,
124-125, 137.)
Art. 1034. Connecting Carriers Liability. In case of
connecting line- of railroads, or of connections between a
railroad and water transportation companies, the last carrier
is bound to deliver the freight, \vhieli shall be done as pre-
CIVIL RESPONSIBILITY RAILROADS. 095
scribed by hi\v in accordance with the bill of lading; issued
by the first carrier, and with the responsibility fixed by the
law, but with the following restrictions: 1, If the bill of
lading 1 fixes a charge based 011 a different rale than that
fixed by the tariff, the last carrier will nevertheless collect
the rate according to the legal tariff; 2, the liability of the
last carrier begins when it receives the freight; <>, the liabil-
ity includes the loss of packages and shortages or damages
occurring on the last or any of the connecting lines, saving the
right, of the last carrier against the company on whose line the
act or omission occurred out of which the liability arises, and
against any other line afterwards receiving the goods ; the
same applies in cases of connection between a railroad and
a ship line making voyages between Mexican ports, in re-
spect of hauls made from one of said ports to another in the
national territory partly by ship and partly by rail. The
same rules apply where a railroad receives goods to be shipped
under a bill of lading designating as the place of delivery a
point not on its own line nor on any of its connecting lines,
but the liability of the railroad ends at the point where the
transportation by rail terminates. In delivering freight
or baggage from one line to another, the roads will exchange
documents, the one showing receipt and the other delivery,
and stating the date, number and conditions of seals or
number and marks of packages, no stamps or other special
formalities being required; such documents raise a legal pre-
sumption against which no evidence is admissible, in re-
spect to the date of the receipt of the goods, their condition
and the number of packages of which they consist, at the
time of their delivery to the respective carrier. (Arts. 120-
130.)
Art. 1035. Foreign Shipments Liability. In shipments
of merchandise coming from a foreign country into Mexico,
and which are transported from a port or the frontier to the
interior bv railroad, the Mexican road or roads shall be
696 COMPENDIUM OF MEXICAN LAW.
liable for losses, shortages and injuries in the following terms
and cases : 1, The responsibility is governed by the laws
of the country where the bill of lading was issued, if it is so
provided in the document, but even in such event, if the exist-
ence of the foreign law and its applicability to the case is
not proven, the rights and liability of the last carrier making
a haul on 'Mexican territory will be governed, in respect
to delivery, by the preceding Article ; 2, the same rule
applies where the bill of lading does not state to what law
the rights and obligations arising from the contract are sub-
ject. The Mexican line, whether or not the last carrier, to
which freight is delivered by a connecting line, national or
foreign, by land, sea or river, shall have the right, in case
of loss, shortage or injury, at its election: 1, To refuse the
freight, notifying the consignee, if his name and address
are known, so that he may give instructions regarding the
transportation, whereupon the Mexican line shall be exempt
from all liability on account of such loss, shortage or injury
on other lines ; 2, to receive the freight, issuing for it a bill
of lading stating the condition of the freight, the liability of
the last carrier, in such case, being limited to delivering the
freight according to said bill of lading, except as provided in
Art. 1032. In the transportation of merchandise from
Mexico to a foreign country., over lines connected with the
Mexican line which issued the bill of lading, the latter is
liable according to the Mexican laws before the competent
Mexican tribunals, for losses, shortages and injuries, saving
its right, where the same occurred on another line, to re-
cover indemnization from it; but the shipper or holder of
the bill of lading may if he prefers have recourse to the
courts of such other country to assert such rights as their
laws afford him. (Arts. 131-133.)
Art. 1036. Loss of Goods Measure of Damages. The
freight or baggage is considered lost: if it is not delivered, in
CIVII. RESPONSIBILITY RAILROADS. 097
case of freight, within the mouth after the end of the term
in which delivery should be made, and in case of baggage
within fifteen days in interior, and thirty days in interna-
tional passages, after the day following the arrival of the
train on which it should arrive ; but if it is found
after such time, the party entitled to receive it has
the right to require, within eight days after notice,
that the freight or baggage be delivered to him
without costs at the shipping point or at its orig-
inal destination as shown by the bill of lading; upon
delivery of the goods he must repay without interest any
indemnity he has received. Where the railroad is not liable
for the loss, shortage or injury, it may require payment of
the full freight charges for the transportation made by it.
The responsibility of railroads, in cases of loss, shortage
or injury, includes the obligation to pay the commercial
value of the merchandise at the place and time of delivery,
according to the terms of clause 9 of Art. 60S, less customs
duties, other expenses not due to the loss, and any unpaid
freight charges, together with interest on the amount of
indemnity at the rate of six per cent, per annum from the
day on which delivery should have been made. Where the
liability is due to the fault of several roads, the amount of
indemnity will be divided among the roads responsible in
proportion to the length of haul on each ; the last carrier is
in all cases bound to pay the indemnity to the holder of the
bill of lading, but it has the right to have the other lines
cited in any suit brought by the holder, and to require them
to contribute their proportion of what it may have paid.
(Arts. 134-137, 14i>.)
Art. 1037. Delays in Shipment Weighing Freight. The
consignee or person entitled to receive freight may require it
to be weighed in his presence upon delivery, and at the cost
of the railroad if the weight is less than stated in the bill of
G98 coMPKXDir.M OF MEXICAX LAW.
hiding;; otherwise the cost will be paid by him according to a
tariff to be approved by the Department and duly pub-
lished.
In eases of delay for which the carrier is liable, the
party entitled to receive the freight must prove the real and
effective damages and losses which have been caused by the
delay ; in default of such proof the railroad will not pay
other damages than a fraction of the freight charges, which
will be fixed in the Regulations by the Department of Com-
munications and Public Works. In such Regulations the
time of duration of the trip, after which the delay begins,
will be fixed on the basis of a certain number of kilometers
daily, and the time shall begin to run from the day after
the freight was delivered to the railroad. In no case shall
indemnity for losses and damages for delay exceed the whole
amount of freight charges, except in case of fraud, bad faith
or grave negligence of the railroad management or its em-
ployes, in which case all damages and losses proven shall be
paid. (Arts. i;J8-141.)
Art. 1038. Change of Shipping Directions. The shipper
having possession of the bill of lading, or the lawful holder
of the same, may order that the freight be delivered or stored
at a point on the line of the original or some connecting
carrier other than the destination stated in the bill of lading.
O
In such case the holder will endorse on the bill of lading the
new point of delivery or storage, and will present it to the
office of the road making the transportation, to which he will
also give written notice of the change; and the railroad also
has the right to note such change on the bill of lading; and
if there are several carriers, the bill of lading' and notice will
be communicated to the railroad on which is the final des-
tination shown in the bill of lading and to the railroad on
winch the newly designated point is located. In all ease.-?
the entire amount agreed in the bill of lading will he paid,
mile-- bv the term-; of this hi\v a higher rate is charged for
CIVIL KKSI'OrVSIBII.ITY KAII.KOADS. 699
transportation to the new point ; the railroad will endorse on
the bill of lading the amount which is to be paid. 1 (Art.
143.)
CHAPTER 2.
BAGGAGE REGULATIONS.
(Regulations for the Construction, ^Maintenance and Opera-
tion of Railroads, of 1 June, 1883.)
Art. 1039. Free Baggage Checking.
1040. Loss of Baggage Limit of Liability.
Art 1039. Free Baggage Checking. Every passenger
may retain in his possession, without submitting them for
checking (a registro), such packages as by their size or
nature cannot molest or cause damage to other passengers,
provided the weight of such packages does not exceed fifteen
kilograms. The company shall not be responsible for pack-
ages of baggage which have not been duly checked (regis-
frados) in its office. The checking of baggage shall be
effected by presenting the passenger ticket, in view of which
a baggage check (resgnardo) will be issued to the passenger,
showing the name of the stations of departure and desti-
nation, the number of packages composing the baggage,
their corresponding number, their total weight, and the
amount of excess paid, if any; this check will serve the pas-
senger for claiming his baggage on arrival at its destination,
where it shall be delivered to him with only the delay neces-
sary for removing it from the baggage car; if left in the
station for more than forty-eight hours, the passenger must
pay storage charges.
1 Tlip oniittod Articles of the Railroad Ln\v and "Regulations treat
of concessions, construction, maintenance, operation, and similar tech-
nical matters, not of concern to the shipper, passenger or business pub-
lic, nil provision* of general interest being herein staled.
700 COMPENDIUM OF MKXICAX LAW.
If the passenger cannot present the check, he can only
obtain his baggage upon fully proving that it belongs to him,
Avhich must be done by presenting the keys and precisely
describing the external marks on the packages and some
of the articles contained in each, and paying any costs occa-
sioned thereby. If any of the packages of baggage stated
in the check is missing upon the arrival of the train, the
passenger will notify the station master, giving him the de-
scription and all details which may facilitate finding it, and
in exchange for the check will require a document stating
the kind of package missing, its weight, initial station, and
the agreement of the company to deliver it on a train leaving
there within twenty-four hours after the claim is made, the
company being obliged to indemnify the claimant for any
damages and losses caused by the delay in delivering the
baggage. (Arts. 138-141.)
Art. 1040. Loss of Baggage Limit of Liability. In case
of the loss (extra c to') of packages delivered as baggage, the
company will be responsible to pay for it, according to the
following classification, unless proved to the contrary : For
each large trunk (Laul mundo}, $200; for each trunk or
chest (pc/aca), according to its size, from $50 to $100; for
each traveling grip or valise (maleta), $25; for each hat
box, $5. The traveler who carries in his baggage jewelry,
bank notes, money, corporate stock, public bonds, or other
objects of value, must make it known by exhibiting them
before the baggage is checked, and state the total value of
the same, either their sale value or the value in which he
esteems them; failure to complv with this requirement re-
leases the company from responsibility in case of theft or loss
(sustraccion 6 cxtravLO~), and it will be bound to pay only
the amount corresponding to the above classification. The
declaration made by the traveler in regard to the contents of
the packages may bo accepted by the company, unless from
special circumstances it appears to be incorrect; in which
CIVIL RESPONSIBILITY RAILEOADS. 701
event the same will be inspected, and if there is disagree-
ment between the parties, the company may cause a record
thereof to be made by an administrative or judicial official,
who will set forth the differences between the parties, stating
the contents, condition and value given by each party, to
the end that such record may be used for the proper pur-
poses in case of loss or otherwise. (Arts. 142-144.)
702 COMPENDIUM OF MEXICAN LAW.
BOOK XIX.
INSURANCE LAW. 1
TITLE I.
THE CIVIL CONTRACT.
(Codigo Civil Arts. 2705 to 2771.)
CHAPTER 1.
GENERAL PROVISIONS.
Art. 1041. Definitions Incidents.
1042. Insurers and Insured.
1043. Settlement of Indemnity.
1044. Loss Proof of Fault.
1045. Premiums.
104G. Life Insurance Incidents.
1047. Insurance of Eights and Actions.
1048. Fire Insurance.
1049. Insurance of Transportation.
Art. 1041. Definitions Incidents. The contract of in-
surance is that by which one party undertake?, for a certain
price, to indemnify another for damages caused by some
accident which may Ix'fall him ; the former is called the
insurer, the latter the insured, the price charged is the pre-
mium, and the \vritingcontaining the contract is the insurance
policy; the contract is void if not in \vriting. Insurance
1 There i- no\v pending before the Mexican ("ongress a thorough re-
vision of the general In-uraiiee Law. which renders useless the inser-
tion of the several existing enactment*, other than the Codes.
INSURAXCK LAW. 703
may cover life, rights and actions, real and personal prop-
erty, and may be effected by the owner or any one having
an interest in the property, and for the insured personally
or for his heirs or other persons, who must be expressly
named in the policy; either party may require collateral se-
curities. Insurance must be for a definite time expressly
stated or determined by an event limiting it; the policy must
specify the premium and amount of indemnity, the property
insured, and the events insured against, and only covers the
property and risks stated, and may cover its total loss or
damages to it only ; in the latter event only the specified
damage shall be indemnified although the loss is total. The
right to the indemnity is assignable. (Arts. 2707-2715,
2732, 2749.) .
Art. 1042. Insurers and Insured. Any person or company
able to contract may be an insurer; an administrator of an-
other's property cannot insure it in the hitter's name without
special authority ; guardians, even with judicial authority,
cannot make their wards insurers, but may insure them with-
out such authority. If there are several insurers, each is lia-
ble for his own obligation, and cannot be subrogated to the
insured's rights against the others ; if they are severally
liable, the rules of mancommunity apply; two or more owners
may insure each other against the accidental loss of their
property; in mutual insurance each party is liable in pro-
portion to his own property insured. Accident does not
embrace superior force (vis major) unless expressly stipu-
lated. The insurer must pay the agreed indemnity, which
neither party can alter, whether greater or less than the
value of the property lost. (Arts. 2710-2724.)
Art. 1043. Settlement of Indemnity. Tf so authorized by
the contract, the insurer may replace the thing lost, where
its kind and value are undisputed, by another of the same
kind ; if he undertakes to replace, he must do so what-
704 COMPENDIUM OF MEXICAN LAW.
ever tl*e cost; the judge may award a reasonable time for
the work if necessary. Upon payment of the value or
agreed indemnity of the thing lost, the insurer is entitled to
any remains of it ; if the property is wholly or partly saved,
both parties will pay any costs of salvage pro rata unless the
insurer prefers to pay the insurance. Where the property is
consumed or its form changed by the insured, the liability of
the insurer ceases. Where the property is insured by a
third person having an interest in it, the indemnity will
be paid to the insured, but he can only retain sufficient to
cover his interest, paying the balance to the owner. (Arts.
2725-2728, 2730-2734.)
Art. 1044. Loss Proof of Fault. Within six days after
loss the insured must give notice to the insurer or he loses
his right of action ; he must prove that the loss occurred by
accident and without his fault. Besides ordinary cases of
negligence, the insured is at fault where he makes an undue
use of the thing insured, or makes no effort to avoid or di-
minish the loss where he might do so. Any action against
a third party on account of the loss must be brought by the
insured and insurer jointly, the amount realized being first
applied to reimburse the insurer ; but he cannot delay or di-
minish the payment by reason of such action.
The policy is void if the insured knew at the time it was
made that the damage insured against has happened, and if
the insurer knew that the property insured has escaped the
damage ; if both acted in good faith the contract is valid
although at the time the damage had occurred or the prop-
erly had been saved. (Art?. 2729, 2735-2741.)
Art. 1045. Premiums. The policy must, state the pre-
mium and amount of indemnity; if the latter covers deterior-
ation, it- extent will be fixed by experts unless otherwise
agreed. The premium may lie fixed freely by the panic-,
and may be paid whole or in installments; if paid in a lump
INSUEANCE LAW. 705
sum, the insured cannot require the repayment of any part
of it ; if paid in installments, the insurer may deduct any
unpaid installments to accrue until the end of the term, from
the amount of indemnity he must pay in case of loss, unless
otherwise agreed in the policy. Where payable in install-
ments during the term of the policy, the insurer is not liable
for a loss occurring during a period for which the installment
is unpaid, and the insured can only claim indemnity for loss
occurring before the end of the period. (Arts. 2742-2748.)
Art. 1046. life Insurance Incidents. Life insurance
may cover natural death only or death in any form even by
violence, except by suicide ; in case of suicide, the heirs may
demand the return of the premiums paid. Life insurance
can only be effected by the person whose life is insured ; upon
his death the insurance money becomes a part of the de-
ceased's estate and is distributed according to law. A person
procuring the death of the insured can never take the insur-
ance money even where expressly made payable to him ;
any stipulation to the contrary is void. Where the term of
the insurance has expired the insurer is released although
the insured was at the point of death and died immediately
afterwards. (Arts, 2750-2755.)
Art. 1047. Insurance of Eights and Actions. Eights and
actions, except in future inheritances, may be insured, and
although they are in litigation, but the insurer in such case
is only bound by a final judgment on the merits not rendered
by default or upon compromise. (Arts. 27562759.)
Art. 1048. Fire Insurance. A person conducting business
in premises belonging to another, cannot insure his own
effects without insuring the premises in favor of the owner,
the indemnity in case of loss to be paid to the insured and di-
vided according to their interests. Where combustible or in-
flammable material is kept in a storehouse in a town, the
45
700 COMPENDIUM OF MEXICAN LAW.
policy must contain a certificate from the police authority of
the cine observance of the regulations, and one showing that
the adjoining owners have been notified and acknowledged
receipt of such notice ; the insurer may reserve the right to
inspect the premises and said materials at any time. The in-
surance of consumable (fungible) goods is void unless they
are clearly described. (Arts. 27602763.)
Art. 1049. Insurance of Transportation. Insurance of
transportation is void if the goods are shipped in a different
manner or route from that specified, or through accident or
force are not shipped ; in the latter event the insurer will
return the premium received, and if the failure to ship is due
to his fault he is liable for damages; where for any other
cause the. shipment is not made the insurer is only entitled
to ten per cent, of the premium agreed. If the shipment is
begun but abandoned, the contract is valid, but if the insurer
is at fault he must return the premium and pay damages.
If the insured property is lost, but after payment of indem-
nity is found, the insured may elect between keeping the
money or the property ; if found before payment, the in-
surer is only liable for any injury to the property. Mari-
time insurance is governed by the Commercial Code. (Arts.
2704-2771.)
TITLE II.
THE COMMERCIAL CONTRACT.
(Codigo de Comercio, Arts. 392 to 448.)
CHAPTER 1.
INSURANCE CONTRACTS IN GENERAL.
Art. 10f)0. Xsitnro mid Form of Contract.
Art. 1050. Nature and Form of Contract. All contracts of
I:\SURA.\CE LAW. 707
insurance, when made by companies, are mercantile. Insur-
ance contracts are rendered void by the bad faith of either
party in making them ; where the assured, even in good faith,
makes any untrue declaration which affects the risks, or
omits or conceals any facts or circumstances which might
affect the execution of the contract.
The contract of insurance must be in writing, in a policy
or other public or private document, and signed by the con-
tracting parties; the contract must contain: 1, The names
of the insurer and the assured; 2, the terms and conditions
under which the insurance is given; 3, the description and
valuation of the property insured, and such indications as
may be necessary to determine the nature of the risks; 4,
the amount in which the objects insured are valued, appor-
tioning the amount, if required, to the several classes of ar-
ticles; 5, the amount of premium and the form, manner and
place of its payment; 0, the duration of the insurance; 7, the
day and hour when the contract takes effect ; 8, the amount of
insurance already on the same property: 9, any other terms
upon which the parties have agreed. 1 Any changes which
may be made in the contract during its term must be precisely
written on the policy of insurance. The contract of insur-
ance will be governed by the lawful terms contained in it,
and in the absence of such by the provisions of this title ;
and may cover all classes of risks arising from natural acci-
dents or mishaps. (Arts. 392-307, 448.)
CHAPTER 2.
FIRE INSURANCE.
Art. 1051. Objects Incurable Identity.
lCf>2. Premiums.
lOoM. Effect and Extent of Contract.
10.">4. Incidents of .Insurance.
lO.Vt. Adjn-lii'.ent of Losses.
708 COMPENDIUM OF MEXICAN LAW.
Art. 1051. Objects In&urable Identity. Every species
of movable and immovable property subject to destruction or
injury by lire is insurable, including, where so stipulated,
all kinds of public, private and corporate securities, bank
notes, precious stones and metals, and objects of art, tbe
value and circumstances of the same being stated in the
policy. The subetitution or change of objects insured for
others of different kind not embraced in the contract, renders
it void from the moment such change is made ; if such change
is made by accident, or by a third person, either party has
the right to rescind the contract. (Arts. 398-399, 403-
404.)
Art. 1052. Premiums. For the contract of fire insurance
to be binding, the premium must be received by the insurer,
in advance, either by a single whole payment or in such in-
stallments as may be agreed, which become upon payment the
property of the insurer, whatever be the duration of the insur-
ance. If not paid, the insurer may rescind the contract
within the first forty-eight hours, notifying the assured ; if he
does not exercise this right, he may sue in executive action
to recover the premiums due, first obtaining the acknowl-
edgment of the signature to the policy. Movables are
charged with a lien for the payment of the premium, immov-
ables being only liable as at common law. (Arts. 400-401,
415.)
Art. 1053. Effect and Extent of Contract. In cases of
total loss by fire, the amounts at which the objects insured are
valued, the premiums paid by the assured, the descriptions
and valuations contained in the policy, constitute the proof
of the existence of the goods insured at the time and place
of the fire, in the absence of proof to the contrary; in cases
of partial loss, the assured must adduce additional proof
to ascertain Ihc yet remaining value of the objects.
The contract of insurance shall embrace indemnity for
LPTSUBAIVCE LAW. 709
all material losses and damages caused by th direct action
of the fire and its inevitable consequences, and particularly,
the expenses incurred by the assured in removing goods in
the attempt to save them, and the injuries sustained by sueli
goods, together with damages caused to the insured goods
by the authorities in efforts to limit or extinguish the fire;
but it does not embrace, unless otherwise stipulated, losses
to the assured through the suspension of his work or business,
loss of rents of the burned property, and other similar losses
or injuries. The insurer is liable although the fire is caused
by accident, wrongful act of a third person, or by the negli-
gence of the assured or of those for whom he is civilly respon-
sible ; but unless otherwise stipulated, he is not liable where
the fire is caused by the crime of the assured, by military
forces in time of war, by popular tumults, nor as the result of
eruptions, volcanoes and earthquakes. In insurance against
meteorological accidents, explosions of gas or of steam ap-
paratus, the insurer is only liable for the consequences of
the resulting fire, if any, unless otherwise stipulated.
The liability only extends to the objects insured in the
place where they were, and in no case shall exceed the
amount in which the property was valued or the risks esti-
mated. (Arts. 402, 405-409.)
Art. 1054. Incidents of Insurance Rescission. The as-
sured must notify the insurer of all other insurance taken and
of any modifications of that contained in the policy, and of
any changes in the condition of the property insured which
may affect the risks. Property insured for its full value
cannot be further insured during the term of the first policy,
except by way of guaranty of the first contract. If the same
property is covered by several policies each for a part of the
value, the insurers will pay any losses pro rata. The in-
surer may assign part of the insurance to other insurers, but
remains directly or exclusively liable to the assured: in such
cases of assignment of part of the insurance, or of reiusur-
710 COMPENDIUM OF MEXICAN LAW.
a net-, the assignor's receiving part of the premium are liable
to the first insurer to contribute equally to the losses sus-
tained, and assume responsibility for the arrangements and
compromises made between the assured and the first insurer.
The insurance will not be increased by the death, liquida-
tion or bankruptcy of the assured, or by the sale or transfer of
the insured property, if it is real property; but if personal
property, factory or store, the insurer may in such events
rescind the contract, upon giving notice to the assured or
his representatives within the certain term of fifteen days.
If the assured or his representatives should not notify the
insurer within like time of the circumstances above men-
tioned in cases concerning personal property, the contract
will be void as of the time such event occurred. (Arts. 410-
414.)
Art. 1055. Adjustment of Losses. In case of loss, the
assured must immediately notify the insurer, and at the same
time make a comprehensive statement before the competent
judge, of the property existing at the time of the fire, and of
the effects saved, together with his estimate of the amount
of the loss suffered. The appraisement of the damages sus-
tained will be made by experts as provided in the policy or
by agreement between the parties, or in default of these, in
accordance with the Code of Civil Procedure. The experts
will determine: The cause of the fire; the actual value
of the properly insured on the day of the fire before it oc-
curred ; its value after the fire, and all other matters sub-
mitted to them. Their decision has the effect of an u exec-
utive title" against the insurer, when it is rendered before
a notary, or is established by the judicial declaration of the
exports, and the recognition of their signatures and of the
truth of their report.
Tlic insurer must pav in cash the loss fixed by the experts
within ten duvs after their deei-ion is agreed upon, with
inlori-.-t th.T'iii' 1 "! 1 on the amount due in ca-o of default in
INSURANCE LAW. 711
payment; or, if the parties so agree, he may repair, rebuild
or replace wholly or in part, as the case may be, the property
insured and destroyed by the fire. The insurer may acquire
the effects saved upon paying the insured their actual value
as fixed by the experts ; and is subrogated fully to all rights
and actions of the assured against anyone responsible for the
loss; he may also cancel the policy as to future losses, and
any other policies he may have with the same party, upon
giving him fifteen days notice and returning the unearned
part of the premium.
The costs of adjustment and settlement shall be equally
divided between the insurer and assured, unless the latter
has manifestly exaggerated the loss, in which event he must
pay alLthe expenses. (Arts. 416-425.)
CHAPTER 3.
LIFE INSURANCE.
Art. 1056. Nature and Form of Contract.
10o". Premiums Incidents of Contract.
Art. 1056. Nature and Form of Contract. Life insurance
embraces all combinations which may be made, stipulating
for payment of premiums or capital in exchange for annui-
ties for life or until a certain age, or the receipt of money
upon the death of a certain person, in favor of the assured,
his assignee (causahabiente) or of a third person; or any
like combination ; it may be taken upon the life of one or
more persons, irrespective of age, condition, sex or state of
health. Where in favor of a third person, the policy shall
name or otherwise identify the beneficiary, the person taking
out the insurance being obliged to comply with all conditions
of the insurance and the provisions of the next Article, and
to pay premiums, but the beneficiary shall have the right to
enforce the contract against the insurance' company.
712 COMPENDIUM OF MEXICAN LAW.
Besides the contents required by Article 1050, the policy
of life insurance must state the amount, in capital or in-
come, assured, and the decreases or increases to which such
amount is subject, and the date when they take effect.
Only such risks as are clearly specified in the policy are
covered by it; but it shall not cover death as the result of
a duel, suicide, or capital punishment for common crimes;
nor, unless specially stipulated and an extra premium paid,
does it cover death occurring when traveling in foreign coun-
tries, in the military service on land or sea in time of war,
or as the result of some extraordinary undertaking (em-
presa), or act notoriously dangerous or imprudent. (Arts.
426-434.)
Art. 1057. Premiums Incidents of Contract. Failure to
pay the premiums or other amounts due deprives the assured
of all rights under the policy if the contingency occurs
while he is in default. If the assured is unable to con-
tinue, after making several payments, he may so notify the
insurer, and may receive a paid-up policy for an amount in
just proportion to the premiums paid, in accordance with
the Company's schedule of rates, considering the risks as-
sumed, unless otherwise agreed. The assured must notify
the insurer of all other insurance effected by him, or the
policy is void except as to its paid-up value. The insol-
vency of the assured does not avoid the policy, but it may
be reduced at the instance of his representatives to its paid-
up value.
The proceeds of life insurance belong to the beneficiary
and his heirs and are exempt from all claims of the heirs or
creditors of the assured. Life insurance policies may be
assigned after payment of premiums, by written endorse-
ment on the policy, authentic notice of such fact being given
to the insurance company by the endorser and endorsee.
The life insurance policy gives rise to the " executive
action " in favor of both parties ; where the assured is in
I3SSUEANCE LAW. 713
arrears of premiums, the insurer may sue to recover the
amount due, or may rescind the contract upon giving him
notice within twenty days after default and returning any
amounts received. (Arts. 435-441.)
CHAPTER 4.
INSUBAISrCE OF FEEIGHT IKT TRANSIT.
Art. 1058. Nature and Form of Contract.
Art. 1058. Nature and Form of Contract. All property
transportable by land carriage may be insured, by the owners
or by anyone having an interest in it, the nature of the
interest being stated in the policy. Besides the contents
required in Art. 1050, the policy shall contain the name
of the carrier, an exact description of the property in-
sured, stating the number of packages and any marks on
them; and the place where the property insured is to be
received and delivered.
The policy may cover all kinds of risks however arising;
but the insurer is not liable, unless otherwise provided, for
injuries due to inherent defects in the goods or by lapse of
time ; in such cases the insurer must judicially establish the
condition of the insured property within twenty-four hours
after its arrival at the place of delivery ; if he fails to do
this he cannot relieve himself of his liability as insurer.
The insurer is subrogated to all the rights of the assured
to recover damages for which the carrier is liable under the
Code. (Arts. 442-447.)
714 COMPENDIUM OF MEXICAN LAW.
BOOK XX.
THE FEDERAL STAMP TAX.
(Ley de la Eenta Federal del Timbre, of 1 June, 1906,
with all Amendments.)
CHAPTER 1.
GENERAL PROVISIONS.
Art. 1059. \Yhat Subject to Stamp Tax.
1060. Issuance of Stamps Kinds.
Art. 1059. What Subject to Stamp Tax. The Federal
Stamp Tax (Impuesto del Timbre^) is payable, by means of
stamp? :
I. On all acts, contracts and documents, specified in the
law, which are executed or issued in the Republic, although
they are to be used or take effect in a foreign country.
II. On like acts, contracts and documents which are exe-
cuted or issued in a foreign country, when they are to be
used or have any effect in Mexico, with such exceptions as
the law prescribes. 1 Also such other taxes and dues as may
be imposed by special laws to be paid by stamps.
All contracts and documents subject to the Stamp Tax
mu.-t be in writing so that the stamps may be affixed to and
i Although a contract is made and is to be performed in a foreign
country, it niu-t be '"validated" by attaching the corresponding value
of stamp--, before suit can be broupht on it. or other legal effect be
Lfivf-n t" it. in Mexico. This is true of notes, bills and all other forms
<if contnu-T. Sre ]>r>.<<t. Arts. 10H7-1090. as to "validating"' such docu-
ment-, and Art. 1000.
STAMP TAX LAW. 715
cancelled on the paper, except where the execution of a
writing is optional under the Stamp Law ; failure to do so is
punishable as in case of omission to attach stamps. (Arts.
1-3.)
Art. 1060. Issuance of Stamps Kinds. Stamps can only
be issued by the Federal Government ; no other authority
can issue or use them nor issue receipts for payment in the
form of stamps ; nor can the Federal Government sell stamps
at a discount or on credit, or use them to make payment, ad-
vances or otherwise. The Department of Hacienda will
annually authorize the issue, and fix the value, form and
denominations of the stamps, which shall be of three classes :
1, Common stamps of the General Stamp Tax; 2, stamps of
the Federal Tax ; 3, stamps for special taxes ; the common
stamps may be used for some special taxes or dues, as may
be provided, in which event they must bear a special restamp
designating -their object. The Treasury may authorize the
Stamp Printing Office to print stamps directly upon stock
certificates, bank notes, bonds, checks, cigarette wrappers,
titles and other documents, upon payment of the value of the
stamps such documents should bear and the cost of the work,
on such terms as said Department may prescribe.
The stamps can only be used during the fiscal year for
which they are issued, except as provided in regard to man-
ufactured tobacco and yarns and cotton good? ; but the Exec-
utive may under special circumstances legalize the use of
the stamps for a longer time, and may authorize their issu-
ance for two fiscal years. All common stamps and those of
the Federal taxes will boar the restamp of the ]\Fain Office
(Administracion Principal) which sells them, and they can
only be used on documents executed in the respective DH-
trict : they must bear the restamp of the Principal Office
(Dii't'fcion del Ramo) when sold by it. The stamp tax
may be paid by one or more stamps of the required das-
equaling the amount to be paid ; documents bearing stamps
716 COMPENDIUM OF MEXICAN LAW.
of a different class from that of the tax, or with the restamp
of the Main Office of another District than that in which
they are executed, will be revalidated upon payment of a
fine as herein provided. (Arts. 4-12.)
CHAPTER. 2.
STAMP TARIFF.
TAXES IN FORM OF COMMON STAMPS. 2
Art. 1061. Amounts of Tax Required.
Art. 1061. Amounts of Tax Required. The acts, docu-
ments and contracts herein mentioned are subject to the
payment in common stamps of the rates prescribed, on the
following basis: 1, A rate on each sheet of the document;
2, a rate in proportion to the value stated in the document ;
3, a fixed rate, irrespective of the number of sheets or the
value stated. The rates of Taxes will be as specified in the
following: (Arts. 13-14.)
TARIFF.
33. ACCOUNTS, of Division and Partition. (See
" Inheritances and Legacies.")
34. ACCOUNTS, (Cucnias} of every other kind, which
serve as receipts or are presented for collection, for
each $20 or fraction, 2 cts.
2 N. B. In order to arrange the subjects of stamp taxation as trans-
lated in the following schedules, in alphabetical order to facilitate
reference, as they are in the Spanish text, it is of course necessary
to change the original numerical sequence of the paragraphs; but their
original numbering is retained for purposes of reference to the original
text. Some of the "Special Rules for Application of the Tax." where
they are brief, are inserted in the following table, others follow in
their regular place in the Articles referred to in parentheses after the
subject-heading in the Taritl'. All sums are stated in current Mexican
PESOS, equal to 40.8 cts., U. S. currency.
STAMP TAX LAW. 717
18. ACCOUNTS, Statements of (C arta-cuenta) , for each
$20 or fraction, 2 cts.
56. ACCOUNT BOOKS. (See " Books of Account ").
5. ADJUDICATION of Property in Payment, or to the
Bidder at Auctions ; pays the same rate as " Compra-
vcnia," on the price bid. Includes adjudication of
pledges not sold at auction, made by interventors in
favor of pawnshop owners. The tax will be paid on
the minute or document evidencing the adjudication,
unless an escritura publica is required, in which event
it will be paid as provided for the latter instruments.
(Art. 3G.)
22. ANNUITIES. (Censos.) 1, The consignativo, for
each $100 or fraction of the capital, 50 cts. ; 2, the
enfiteutico, on the amount of the annuity capitalized
at the agreed rate or at six per cent, if not stipulated,
for each $100 or fraction, 50 cts. If the amount is
payable in a certain portion of products, the rules in
clause V under " Leases " are applicable. (Art. 54.)
94. ANNUITIES, Life, Contract of (Ilenta Yitalicia).
1, Where the consideration is cash or property, on
the amount resulting from capitalization at ten per
cent, a year, for each $100 or fraction, 50 cts. ; 2, if
the product of the capitalization is less than the
amount of capital or value of the property delivered,
the above rate will be paid, and on the difference,
the rate applicable to Donations ; 3, those created
gratuitously will pay the rate on Donations, on the
amount resulting from capitalization of the annuity
at ten per cent, a year.
37, 05 & 73. APPOINTMENTS and Commissions to
Public Office or Employment. (Despaclios, Nom-
bramientos y Patentee. See Arts. 131 to 135 of
Stamp Law.) Where the salary, emoluments or an-
nual pension is between $500 and $1,000, $1 ; from
$1,000 to $2.000, $2; from $2,000 to $1,000, $5;
718 COMPENDIUM OF MEXICAN LAW.
$4,000 and over, $10; if the amount is uncertain, $5.
Exempt from tax : Those under $500 ; offices of
popular election ; appointments of Secretaries of
State and of diplomatic representatives resident in
the Republic; military and naval appointments,
minor employes, etc.
10. APPRAISEMENTS. (Avah'io.) Those made to be
presented to any public authority or office, 50 cts. per
sheet ; where presented together with the inventory of
the property appraised a single rate of 50 cts. per
sheet is paid. (Art. 40.) Exempt from Tax:
Those made by tax officers for the collection of taxes,
unless made at the request of interested parties, or
made necessary by their objection to the tax.
20. ASSIGNMENTS. (CWo'/i.) 1, Upon onerous ti-
tle: a, Of real rights, same rate as Compraventa;
b, of personal rights, for each $10 or fraction, 2
cts. ; 2, gratuitous : Of rights of any kind, same as
Donations. Exempt from tax : The sale of shares
of stock or titles to bearer. (See "Endorsements,"
40.) For taxing purposes an assignment in which no
consideration is expressed is presumed gratuitous ; if
made subject to encumbrances estimable in money it
is considered gratuitous only as to any excess of
value over encumbrances, and the above rates are
payable ; where the assignee makes a subsequent dec-
laration that he holds the property in trust for an-
other who furnished the money or on whose behalf
the property was acquired, it is considered an a-sign-
ment upon consideration and will pay the above rate-.
(Arts. 59-01.)
72. Al.TTIOX BIDS. (Papel de Abono.) Wliere the
valuation serving as basis, of the auction is from $200
to $1,000, 50 cts.; from $1,000 to $5,000, $2: over
$5.000, $5. Kxempt from tax: Did- where the
ha-i- of salt 1 does not exceed $200-
STAMP TAX LAW.
719
11. BALANCES. (Balance.} Copies made by judicial
or administrative order or to be presented before any
public authority or office in matters of private interest,
50 cts. per sheet.
13. BANK NOTES. (Billctcs de Banco.) Up to $20,
2 cts. ; over that amount, for each $50 or fraction,
5 cts. ; except banks having franchises in regard to
stamp tax in their concessions, which will govern.
54. BILLS OF EXCHANGE. (Letras de Cambio. See
Art. 10S8.) Up to $100, 2 cts. ; from $100 to $500,
5 cts.; from $500 to $1,000, 10 cts.; over $1,000,
for each $1,000 or fraction, 10 cts. Exempt: Bills
of exchange drawn by public offices.
Duplicates and triplicates of bills and drafts may be
legalized by presenting them, with the original prop-
erly stamped, to the Stamp Office of the place, where
the seal of the office will be impressed on them, with
a memorandum of the fact ; if the original is not
presented properly stamped, the copies must bear
stamps; but the drawer may use coupon-stamps, put-
ting the stamp on the original and the coupon or
stub on the duplicate, any other copies being legal-
ized by the official seal ; brokers intervening in the
transaction must take care that the stamps are at-
tached and the foregoing rules observed, and in case
of neglect are liable to the same penalties as rhc
drawer and taker of the bill. (Arts. 1G5-1 fifi. )
30. BILLS OF LADING. (Conocimienfos de fat ?/
de porics. See Art. 1074.) On the amount of freight
charges: From 50 cts. to $2, 1 ct. ; from $2 to
$10, for each $2 or fraction, 1 ct. ; from $10 up,
for each $10 or fraction, 5 cts. Exempt from tax:
a. Bills of lading for freight from a ^Mexican port
to a foreign country; b, documents issued by mari-
time transportation concerns for charges for carrvin^
freight between wharves and vessels, or from one
720 COMPENDIUM OF MEXICAN LAW.
Mexican port to another, which documents will pay
same as receipts ; c, bills of lading on account of the
Federal Government.
68. BILLS OF SALE. (JVo/a.) Bills or memoranda of
sale, if signed and taking the place of receipts or
invoices, will pay same as " Receipts " or " In-
voices." Exempt from tax: Xotas of merchandise
sent to buyers for the sole purpose of proving the
delivery and receipt of merchandise.
15. BOXDS. (Bonos.-) Those evidencing indebtedness
of any company or business concern : 1, If issued by
virtue of a contract on which stamps have already
been paid, on each bond not exceeding $100 par
value, for each $20 or fraction, 1 ct. ; if over $100,
for each $100 or fraction, 5 cts. ; 2, if not issued
under such contract already stamped, on the par
value of the bonds, for each $10 or fraction, 5 cts. ;
3, the several kinds of bonds issued by Institutions
of Credit will pay in accordance with the special laws
and concessions. Bonds must be stamped although
isstied in exchange for others previously stamped
which are to be retired, but if the original issue have
been stamped at the rate provided in clause 2 above,
the reissue will only pay as provided in clause 1.
Exempt from tax are the bonds, obligations and cer-
tificates of credit of the Federal, State and Municipal
governments.
45. BOXDS, Surety. (Fianzas.) 1, Where the amount
is stated: a, If executed in cscritura publica, for
each $100 or fraction, 20 cts.; b, if executed in
any other form, for each $20 or fraction, 2 cts. ;
2, where the amount is not ascertained when the
contract is made: a, If by escritura publica, $2 per
shoot; b, if otherwise, $1 por sheet; 3, bonds given to
carriers to obtain delivery of freight when the bill of
lading is missing, or to pawnbrokers when the ticket
STAMP TAX LAW. 721
is lost, where the amount is not stated, 25 cts. ; 4, those
executed, although bv mortgage, to insure the respon-
sibility of public employes, except as provided in favor
of bonding companies, for each $20 or fraction, 2 cts.
Exempt from tax : a, Bonds executed in the same in-
strument with the principal obligation ; b, bail and
prison bonds.
56. BOOKS OF ACCOUNT. (See Art. 1080.) Ac-
count books, Journal, Ledger, Inventory and Balance
Books, required by mercantile law to be kept by mer-
chants, where the assets of the business amount to
$2,000 or more, 5 cts. per sheet ; 2, sales books re-
quired by the Stamp Law to be kept by those habit-
ually engaged in making sales by retail or whole-
sale, 1 ct. per sheet ; 3, books required to be kept by
pawnbrokers, of whatever capital, towit : Books of
valuation, reception and disposition of pledges, jour-
nal, ledger, inventories and balances, 5 cts. per sheet ;
4, Brokers' Registers ; stock certificate books and
minute books of companies ; books of private corpo-
rations or associations organized for profit ; books
kept in railroad stations for entering their daily
operations ; books of carriers for recording receipts
from freight and passenger tolls, where they are not
required to keep all the books of account named in
clause 1, 5 cts. per sheet. Exempt from tax: a, The
books of Monies de Piedad and other establishments
of public charity and instruction, or of private char-
ity under the patronage or supervision of the Federal
or State governments; b, account books of industrial
establishments dependent upon the Federal, State or
Municipal governments, although such establish-
ments sell their own products.
f>5. BOOKS of Deposit or Pass-books. (Lilretas.}
Books of deposits, with or without interest, issued by
institutions of credit, savings banks, and banking and
4G
722 COMPENDIUM OF MEXICAN LAW.
business houses, on the understanding that the debit
and credit accounts therein are not subject to the
stamp tax, 25 cts. per book.
63 & 80. BROKERS' Minutes or Policy of Contracts,
will pay same rate as that corresponding to the con-
tract.
69. BUILDING CONTRACTS. (Contmto de Obras.)
1, Contracts for work on real estate, by the job: a,
Where the contractor is to do the work and furnish
materials for a lixed price, upon the contract price,
for each $10 or fraction, 1 ct. ; b, where he only gives
his work or skill for a fixed fee, upon the amount of
the fee, for each .$10 or fraction, 1 ct. ; 3, contracts for
work on personal property are governed by the rules
of compra-venta where the contractor furnishes the
materials, unless they are only accessories and not
the principal element of the transaction, or are sim-
ply for repairs, and by the rules as to " unspecified
contracts." (Arts. 107, 129.)
1C. CANCELLATIONS. Of mortgages or real encum-
brances, only where made on account of payment, for
each $20 or fraction, 2 cts. Exempt from tax: The
cancellation of a mortgage made in the same escritura
in which the mortgaged property is sold or otherwise
disposed of, upon which a higher rate is paid than
for cancellation. The stamps representing the tax
on cancellation may be affixed either to the receipt
which is to be protocolized, or to the minute sent
to the stamp office when a special cscrilura is to IH>
executed, or on the margin of the protocol entry ot
the cancellation, wherever such cancellation need n<>;
be by carritura publica. (Art. 52.)
23. CERTIFICATES or CERTIFICATION. (See
Art. 10<;:;.) Those of any kind issued by a public au-
thority, official or office, or by a private person to be
presented to a public authority, officer or office, 50
STAMP TAX LAW. 723
cts. per sheet. Exempt from tax : a, Medical cer-
tificates for use in the offices of the Civil Register or
to show compliance with some sanitary regulation;
b, acts of civil status; c, those concerning military
and police matters ; d, those issued to show the closing
of any establishment or other exemption from taxa-
tion ; e, those concerning the survival of public pen-
sioners ; f, those issued by military commanders in
regard to billeting of troops ; g, all certificates issued
ex officio by public offices in compliance with any
law or regulation of general observance ; h, those is-
sued by public offices in regard to fines and other
fiscal matters ; i, those issued by primary schools in
- regard fo educational matters ; j, those relating to ex-
cuses from jury service; k, those issued to ships sail-
ing in ballast.
24. CERTIFICATES, Provisional, of Stocks or Bonds.
These will pay a tax of ten per cent, of the rate for
Stocks and Bonds under Sections 1 and 15 of the
Tariff, on the total par value represented by the same,
but in no case to be less than one cent nor more than
five pesos on each certificate. Such provisional cer-
tificates can only be legalized at the above ten per
cent, rate if they are exchanged within one year from
their date for the stocks or bonds which they rep-
resent ; if not exchanged within that time, they must
be invalidated with the stamps corresponding to the
stocks or bonds, which if not done within the fixed
term of fifteen days, the holders as well as the com-
pany issuing them will be subject to the penalties
herein prescribed. (Art. 58.)
25. CERTIFICATES OF DEPOSIT. Where the de-
posit is of a specific chattel or of cash in chest or
sack closed and sealed: 1, On the amount of the
bailee's fee or compensation, for each $20 or fraction,
2 cts. ; 2, if the deposit is gratuitous, 50 cts. per
724 COMPENDIUM OF MEXICAN LAW.
sheet, except as otherwise provided by the conces-
sions of Institutions of Credit. Exempt from tax:
a, Those issued by public offices; b, those issued un-
der Art. 5 of the Decree of 23 Xovember, 1905, and
Art. 3 of that of 22 December, 1905.
32. CERTIFIED COPIES (of Documents other than
" public," as provided for in Section 100, below) :
1, Except as herein provided, the rules in Section
23 as to " Certificates and Certification " are applica-
ble ; 2, those issued under Section 37 in regard to
"Appointments," for use in paying offices, 10 cts.
per sheet ; 3, those issued for use in legal proceedings
to parties authorized to plead as " poor persons," 5
cts. per sheet, but the balance of the rate of 50 cts.
per sheet must be paid when the record is completed
and the charges paid. Exempt from tax: a, Those
issued in applications for pardon, commutation of
sentence or release on bail; b, those issued in criminal
cases at the instance of the defendant or his attorney
for the purpose of applying for amparo or to present
as proof of said action ; c, those of original docu-
ments accompanying reports forming military rec-
ords, or made for a like purpose because of the loss
of the originals, from other copies or minutes in
the archives ; d, those of military documents in re-
gard to grades in the Army; e, those of appointments
and commissions which are exempt from stamp tax,
for use in the pay offices; f, those issued for use in
court in matters involving less than one hundred
pesos.
100. CKKTITIF.D COPIES. (Tcstimonws.) Those of
any protocolized document, escritura piiblica, will, or
minute entered in the protocol, por sheet, $1, The
sheet added to siu-h copy for recording legalization of
siirnatures. entries from the Public Register and other
STAMP TAX LAW. 725
proceedings, will only pay 50 cts., besides the tax on
the legalization. (Art. 208.)
9. CHARITABLE ASSOCIATIONS or Foundations,
Private. Their Constitutions and the protocolization
of their By-laws are exempt from tax where such
institutions are duly authorized by law ; if they do
not obtain such authorization within six months, or
an extension not to exceed six months granted by
the Department of Hacienda, they are subject to the
same rates as civil and commercial companies under
Sec. 96, in case of Associations, and to the rates
applicable to " Donations " under Sec. 39 or to " Leg-
acies and Inheritances " under Sec. 48, in cases of
foundations. (Art. 48.)
35. CHECKS. Those issued in conformity with the pro-
visions of the Code of Commerce: L^p to $100, 2
cts. ; over $100, 5 cts.
96. COMPANIES AND CORPORATIONS. (Socie-
dades. See Art. 1089.) Civil and Commercial
Companies will pay upon the capital stated in the
Contract : 1, a, When the capital does not exceed
$500,000, for each $1,000 or fraction, $1 ; b, between
$500,000 and $1,000,000, for the first $500,000, at
the rate of $1 per thousand, and for the balance, for
each $1,000 or fraction, 50 cts. ; c, where the capital
exceeds $1,000,000, the first million will pay accord-
ing to clauses " a " and "' b," and on the excess, for
each $1,000 or fraction, 10 cts. ; 2, where from the
nature of the company's object there is no capital,
or the company is formed for profits only, or the con-
tributions do not belong to the company, $2 per sheet;
3, by-laws which are protocolized separately from the
articles of association, $2 per sheet.
38. COMPANIES AND CORPORATIONS, Dissolu-
tion of. Upon the dissolution of a company either be-
fore or at the expiration of the term fixed for its
726 COMPENDIUM OF MEXICAN I. AW.
duration, the tax will be paid only on the amuont re-
ceived by the partners in excess of their share of cap-
ital contributed and profits obtained, in whatever form
such excess is realized: For each $1,000 or frac-
tion, $2. Where one partner pays the others with
his own money the amount of their respective shares,
the tax corresponding to " onerous " assignments of
personal property will be paid although real estate
forms part of the company capital ; this rule also
applies where, without dissolution, one partner with-
draws and the others pay him the amount of his
interest or an agreed sum in lieu thereof; in the divi-
sion of community property, of that acquired pro
indiriso (undivided), or in which the owners rep-
resent aliquot parts, the rules as to dissolution of com-
panies apply and the above rate will be paid. (Arts.
136-139.)
28. COMPEA-YEXTA. (Purchase and Sale Contracts.
See Arts. 1064 to 1073.) I. When the price is less
than $20, and the transactions are by merchants or
mercantile, industrial, agricultural or mining con-
cerns, subject to Arts. 1064 to 1069, in regard to
sales by retail, the tax will be paid as therein pro-
vided at the rate of !/_> per cent.
II. Where the price is less than $20 and the
transactions are not of the kind stated above, for each
$2 or fraction, 1 ct.
III. When the price is $20 or more: a, If the
contract is in escritura publica, for each $100 or
fraction, 70 cts. ; b, in other cases, for each $10 or
fraction, 5 cts.
IV. Where from the nature or conditions of the
contract, the amount involved cannot be determined
when the contract is made, the rates above specified
in I, IT and III will be paid as provided in Art.
107o. and in addition, there will be paid at the time
STAMP TAX LAW.
the contract is made: a, Jf in escritura piiblica, $2
per sheet ; b, in other cases, 50 cts. per sheet.
Exempt from Tax : a, Sales by retail amounting
altogether to less than $100 a month ; 1), sales made
in stalls or booths in public markets, streets and
other places for which a daily floor-rent is paid ; c,
sales effected within club-houses or private meeting-
places, provided such sales are for the immediate
and direct account of the association, and not for that
of third persons, contractors or lessees; d, supplies
of seeds made to peons and workmen on account of
wages ; e, sales of periodical publications ; f, sales of
their own products made by industrial schools, offices
and establishments maintained by the Federal, State
or Municipal governments, or by the Public Benefi-
cence ; g, sales of the products of animals killed in
slaughter-houses, provided the sales are made with-
in said places ; h, the first-hand sales of articles sub-
ject to the special tax on cotton yarns and fabrics.
The sales referred to in clauses g and h are also ex-
empt from the tax on sales by wholesale.
29. COXCESSIOXS. 1, Those for utilization of water
for Motive Power, $5 per sheet ; and, in addition
thereto, for each horse-power effective in the place
where the plant is installed, according to the previous
calculation of the authority granting the concession,
which estimate must be recited in the concession for
the purpose of determining the tax: a, If the con-
cession is for thirty years or more, $2 ; b, if for less
than thirty years, $1.
2, Those for Use of Water for Irrigation, $5 per
sheet ; and, in addition thereto, in respect to the vol-
ume of water granted, calculated and stated as above;
for each cubic meter or fraction per minute: a, If
the concession is for thirty years or more, $5 ; b, if
for less than thirty years, $2.50.
728 COMPENDIUM OF MEXICAN LAW.
3, Those for the construction and operation of rail-
roads of any kind, $5 per sheet; and, in addition
thereto, for each kilometer of main line or branches,
whether of obligatory or optional construction, the
estimated number of which kilometers must be stated
in the concession, $10.
4, All others issued as authorizations or permits
by the Federal or State government or by political
authorities or Municipal Councils, for any kind of
enterprise or industry, except such as are embraced
under " Licenses " in Sec. 57 or " Permits " in Sec.
76 of this tariff, $5 per sheet; and, in addition there-
to : a, Upon the capital to be invested in such enter-
prise, or where this is not stated, upon the amount of
cash paid by the concessionaire, or if such amount is
to be paid in installments for more than a year, then
only on the amount payable in one year, for each
$100 or fraction, 50 cts. ; b, where the capital or
cash payment is not stated, in case of concessions
granted by the Federal or State governments, $5 per
sheet ; if granted by political authorities or municipal
councils, $1 per sheet.
5, Concessions for the use and exploitation of for-
ests, ierrcnos baldios, salt beds and other national
properties, and, generally, all concessions dependent
upon any contract specially rated in this Tariff, will
pay the rate corresponding to such contract.
62. CON TRACTS, Minutes of. (See " Minutes of Con-
tracts.")
28. CONTRACTS, of Purchase and Sale. (See " Com-
praventa."')
92. CONTRACTS, Rescission of. (See " Rescission.")
09. CONTRACTS, for Work. (See "Building Con-
tracts.")
31. CONTRACTS, Unspecified. (See Art. 1075.) 1,
Where the amount involved is stated : a, If the con-
STAMP TAX LAW. 729
tract involves the transfer of real property or rights,
it will pay the rates of Compra-ventaj b, if it does not
involve such transfers, and is in escritura publica,
for each $100 or fraction, 20 cts. ; if in a document
other than escritura publica, for each $10 or frac-
tion, 1 ct. ; 2, where the amount is not stated : a, If
the contract is in escritura publica, $2 per sheet ; b, if
not in escritura publica, 50 cts. per sheet. Exempt
from tax : a, Contracts of enlistment or reenlist-
ment in the army, navy or police forces ; b, con-
tracts of affreightment made outside the Republic,
which foreign merchant vessels have to present to
Mexican port officers on arriving or clearing.
86. COXTRACTS, Extensions of. (See Arts. 1085 and
1D89.) The simple extension of time, without alter-
ing other substantial conditions of the contract, and
unless otherwise provided in this law: Upon the
amount of the obligation extended, for each $20 or
fraction, 2 cts.
74. CUSTOMS HOUSE PETITIONS. T. For the
loading or unloading of sea-going vessels : a, For
ships of 10 gross tons burden or less, $1 ; b, from
10 to 50 tons, $2; c, from 50 to 100 ton?, $4; d,
ships of more than 100 gross tons burden, $8. II.
For loading or unloading coasting vessels : Those
of up to 50 gross tons burden, 50 cents ; b, those of
more than 50 gross tons, $2. III. Petitions for the
dispatch of foreign merchandise ; for its transit
through the national territory; for shipment for ex-
portation ; for reshipment of foreign merchandise
unloaded on account of landing under stress ; for the
clearing of vessels put in under stress; for loading
at uninhabited places along the coast ; for the deposit
of foreign merchandise, or its transportation from
one warehouse to another; for the final shipment of
such warehoused merchandise, and for taking of sam-
730 COMPENDIUM OF MEXICAN LAW.
pies from the deposit, each 50 cts. per sheet. IV. Pe-
titions for shipment of national goods in the coasting
trade ; for shipment of samples or articles of com-
merce carried l>y passengers in their baggage; and
those presented by Express companies for the ship-
ment of goods, 25 cts. per sheet. V. For transship-
ment of merchandise, $1.
Exempt from tax: A. Petitions for shipment of
effects by express for diplomatic representatives in
Mexico; ]>. for transshipment of effects brought into
Mexican ports for warships of a friendly nation ;
C. for the shipment of snch effects which have been
unloaded ; D. for transit through foreign territory
of national or nationalized merchandise to be reim-
ported through another Mexican customhouse ; E.
for shipment of provisions for use on coastwise ves-
sels.
50. DEPOSITIONS. (Informacioncs ad pcrpeluain.)
Pay the same rate as " legal documents," although
intended to prove title to real estate.
38. DISSOLUTION OF COMPANY. See "Com-
panies and Corporations, Dissolution."
39. DONATIONS. (See Art. 107G.) Upon the net
amount of the gift : I. When in favor of ascendants,
descendants or husband or wife, \% ; II. when
in favor of collateral relations from the sec-
ond to the eighth degree, 2 c /c ; III. when in
favor of other relations or of strangers, 3% ;
IV. where the amount of the gift cannot at all
be determined: in the case of clause I, $2.50 per
sheet ; in case of clause II, $5 per sheet ; in the case
of clause III, $10 per sheet. V. where the amount
cannot be determined when the contract is made,
but may be afterwards: a, on the document in which
the gift is made, $2 per sheet ; b, on the document
or receipt which necessarily must be executed upon
STAMP TAX LAW. T31
ascertaining the amount or receiving tlie donation,
the tax will be paid according to clauses I, 11 and
III above respectively. VI. Ante-nuptial gifts made
by one of the parties to the other, pay as in clause I.
Exempt from tax: A. Gifts to the Nation; B.
gifts to public charitable or educational establish-
ments or private ones recognized by law and under
the supervision of the Federal or State governments;
C. gifts of less than $200, but where repeated or pe-
riodical between the same persons, they must pay the
proper rate when their amount reaches $200 or more ;
D. ante-nuptial gifts consisting of wearing apparel,
jewelry and furniture.
54 Hs t DRAFTS. (Libranzas. See Arts, 165-166
under " Bills of Exchange," No. 54.) 1, Those
drawn at sight or at not to exceed thirty days sight
(same as checks), np to $100, 2 cts. ; for more than
$100, 5 cts. ; 2, those drawn for over thirty days sight
(same as notes), for each $100 or fraction, 2 cts.
102. DUE-BILLS: "I. 0. U." (Yaks.} Those issued
under the Code of Commerce pay same as " Notes."
Those referred to herein only include those issued by
one merchant obligating himself to deliver to the order
of another named a certain amount of money or
goods ; snch goods, for the purpose of determining the
tax, will be taken at the valuation put on them by
the parties in executing the document, and if no
value is fixed, at the current market price at the
time and place of issuing the due-bill. (Arts. 209-
210.)
40. ENDORSEMENTS. (Endoso.) The irregular en-
dorsement of documents which according to law are
not endorsable, will pay, when in fact effect is given
to them, the same as the '' onerous " assignment of
personal rights, for each $10 or fraction, 2 cts. (See
"Assignment-," 26, I, b.) Exempt from tax: The
732 COMPENDIUM OF MEXICAN LAW.
endorsement of shares of stock, bills of exchange,
drafts and other instruments which according to law
may be transferred by endorsement.
41. ESCPJTURA PUBLIC A. (See Art. 1077.)
These will pay the rate corresponding to the act or
contract contained in them, provided that the tax on
such act or contract has not already been paid on
another document, in which event the rules stated in
Art. 1077 will be observed.
77. EXCHANGES. (Permuta.) Pay same rate as
" Compraventa." In contracts having for object the
reciprocal transfer of property, the tax will be com-
puted only on the property of greater value delivered
by either of the parties, without including any cash
money which he may pay or promise to pay to the
other party or to a third person for him. (Art. 118.)
80. EXTENSIONS OF CONTRACTS. (See "Con-
tracts, Extensions of.")
39. GIFTS. (See " Donations.")
93. INCOME OR PENSION, Temporary. (Eenta 6
pension temporal.") I. If for an indefinite time, will
pay same as " Life Annuities." II. If for a definite
time and gratuitous, the annual amount will he multi-
plied by the number of years it has to run, and on
the amount obtained the same rates will be paid as for
" Donations " ; but if such amount is greater than a
life annuity would be, it will be taxed the same rate
as a life annuity. III. If for a definite time and
upon "' onerous title," it will be taxed as " corn/rra-
venta."
48. "JXIIERITAXCES AND LEGACIES. (See Art.
107 ( ..) On the net amount of the estate inherited:
I. On the shares by inheritance or legacy in favor of
ascendants, descendants or lm-band and wife, \' '< ;
II. on such shares of collateral relation-, hv consan-
guinity, from the second to the eighth degree, 2 r r, ;
STAMP TAX J.AW.
733
III. on the shares of other relations or of strangers,
3%. Exempt from tax: Inheritances and legacies
in favor of the Federal, State, or Municipal treasury,
and of public charity and education, or of private
charities recognized by law and under the supervision
of the Federal or State governments.
52. 1XVEXTORIES. Those which have to be presented
before any public authorit}* or office, 50 cts. per sheet.
42. INVOICES, Wholesale. (Factura.) Pay same as
" Comprar enta," and must be issued in the form
prescribed in Arts. 1070-1 071. Exempt from tax:
Those relative to transactions of comprarenta for
which the tax has been paid on the document con-
taning the contract, but this fact must be stated in
them.
43. IXVOICE-PETITIOXS. (Factura-Pedimento.)
Those accompanying foreign merchandise imported
through frontier customs-houses, whatever the size of
the sheets, 50 cts. per sheet.
7. LEASES AXD SUB-LEASES. (See Art. 1062A.)
I. Those made for a definite time not exceeding five
years: Upon the amount of rents during the term,
for each $10 or fraction, 5 cts; II. if made for more
than five years, up to fifteen, which is the limit for
paying the tax, although made for a longer term, the
above rate will be paid for the first five years, and
upon the remaining, for each $10 or fraction, 1 ct. ;
III. if the amount of rents for the first five years
exceeds one million pesos, there will be paid upon
the million the rate of $5 a thousand, and on the
excess, for each $10 or fraction, 1 ct., and in addi-
tion the rate prescribed in clause II for the time
beyond five years.
IV. If the contract is for an indefinite time:
Upon ihe rent for one year, for each $10 or fraction,
5 cis. ; V. where the amount of rent cannot be de-
734 COMPENDIUM OF MEXICAX LAW.
tcrmined Avhcn the contract is made, and a basis only
is established for afterwards ascertaining it, whatever
the term of the lease or if it is indefinite : a, on the
the document containing the contract : if escritura
puNica, $2 per sheet; if not, 50 cts. per sheet; b,
on the receipt which must be given on payment of
the rent, for each $10 or fraction, 5 cts. ; VI. the
renting or hiring of personal property is subject to
the rates above prescribed respectively.
Exempt from tax: A. The renting of real estate
for less than $100 yearly; B. that of personal prop-
erty where the amount, whether paid in one or more
installments, is less than $20.
3. LEGAL PROCEEDINGS. (Aduaciones. See
Arts. 2S-34.) I. Administrative and judicial doc-
uments, as provided in Arts. 17-27, 50 cts. per sheet;
II. those issued at the instance of persons judicially
habilitated on account of poverty, 5 cts. per sheet.
The tax on administrative proceedings is payable only
on those had in regard to adjudication of laldios and
properties of the Ayuntamicntos, the denouncement
of mines, treasures and of vacant and unclaimed
properties ; and, in general, in all tho=e brought by
private parties in regard to matters of purely private
interest and which must be conducted in accordance
with the procedure established by law. (Art. 17,
as amended 25 October, 1009.)
Exempt from tax : A. All judicial documents in
which the amount involved is less than $100 ; B. ad-
ministrative documents in controversies over the ap-
plication of fiscal laws, the distribution of communal
lands and those belonging to the town common lauds
(cjidofi}\ C. all kinds of criminal proceedings; D.
proceedings brought by defendants for " amparo "
against criminal procedure or sentences; E. proceed-
ings in respect to release on bail or to obtain pardon;
STAMP TAX I. AW.
F. writs (oficios) directed, although at the instance
of a party, by any tribunal, court or public official to
a public authority or private person ; G. memoranda
of reports of hearings or oral arguments before judges
or tribunals ; II. reports with the proofs and exhibits
attached, rendered by the authorities in proceedings
for " am par o."
27. LEGAL SUMMONS. (Citas judiciales.) Those
issued to summon the defendant in cases only where
the amount involved equals or exceeds $100, 25 cts.
53. LEGALIZATIONS, of Signatures. Of officials,
chiefs of offices, notaries, public employes, and of pri-
vate persons : same rate as " Certifications."
21. LETTERS OF ATTORNEY. (Carta-podcr. See
Art. 1083 relating to Powers of Attorney.)
Whether the amount involved is stated or not : I.
Where signed by only one person in favor of one
other, 5 cts. ; II. where there are three parties either
principal or agent, 10 cts. ; III. if four parties as
above, 15 cts. ; IV. if five or more parties, 20 cts. ;
V. substitutions pay the same rates as above respec-
tively.
19. LETTERS OF CREDIT AND LETTER-OR-
DERS. (Cart a de Credito y Carta-orden.} Up to
$100, 2 cts. ; for more than $100, or uncertain sum,
5 cts.
20. LETTERS OF PAYMENT. (Carta de Pago.}
For each $20 or fraction, 2 cts.
57. LICENSES. Those for carrying weapons, and all
others issued in matters of police by the political and
municipal authorities, and for their renewal, 10 cts.
84 & 04. LOANS OF MONEY. (See Art. 1085.) I.
Where executed in cscritura pnljlica, for each $100
or fraction, 50 cts.; II. when in other kind of doc-
ument, for each $20 or fraction, 2 cts. Loan con-
tracts made by or in favor of institutions of credit
COMPENDIUM OF MEXICAN LAW.
or general warehouses, pay such rates as are provided
in their franchises.
58. LOTTERIES OR RAFFLES. Those which issue
tickets: On the value of the prizes including the
reintegros, 5%.
4 & 59. .MANIFESTS, of Customshouses, Additions, Cor-
rections, etc. The principal copy, 50 cts.
IT. MARRIAGE SETTLEMENTS. (Capitulaciones
Matrimoniales.} I. Those made for the purpose of
regulating voluntary conjugal partnerships: LTpon
the net value of the property brought in by the couple :
a, If not exceeding $500,000, for each $1,000 or frac-
tion, $1 ; b, from $500,000 to $1,000,000, on the first
$500,000, the above rate, and on the balance, for
each $1,000 or fraction, 50 cts. ; c, if exceeding one
million pesos, the above rates on the first million,
and on the excess, for each $1,000 or fraction, 10 cts.
II. Those made for the purpose of terminating
the voluntary or legal partnership, will pay the same
rates as " Dissolution of Companies."
III. Those made before marriage for the purpose
of regulating the separation of properties, $2 per
sheet.
60. MEMORIALS. (See Art. 1081.) I. Memorials,
petitions and other written applications presented
to any authority or chief of office of the Federation,
States or Municipalities, 50 cts. per sheet; II. those
presented by soldiers and by " poor persons," 5 cts.
per sheet. Exempt from tax: A. Pleadings, briefs
and other documents of prisoners or their attorneys,
and by the prosecutor or complainant in all criminal
proceedings, and petitions for pardon, commutation
and bail ; B. those in civil proceedings where the
amount is loss than $100; C. resignations of public
officials and employes; 1). those presented by private
persons in matters of public administration, in the
STAMP TAX LAW. 737
capacity of agents of the Government or commis-
sioners, but not as contractors ; E. memorials pre-
sented to the Board of Private Beneficence in
regard to creating charitable institutions, although
they are not established ; F. manifestations pre-
sented to any public authority or office in compli-
ance with law or regulations; G. memorials pre-
sented by owners or possessors to the proper officials
in regard to taxation of real estate.
61. MIXES. (See " Titles.")
2. MIXUTES. (A etas. See Art. 1062.) I. Those
executed before any authority, official or public em-
ploye, or between private persons, besides the rate
payable on the act or contract therein contained, 50
cts. per sheet ; II. company or corporate minutes en-
tered in their books ; See " Books of Account,''
Exempt from tax : A. Those not relating to
lucrative matters ; B. those relating to matters under
$100 ; C. those kept by public officials and relating
to public affairs ; I), those entered in duly stamped
protocols; E. the second and later copies of those
executed before any public official, and issued in
compliance with some law or regulation, provided the
originals were duly stamped.
62. MLXUTES, of Contracts. (Hinutas. See Art.
1082.) Those executed before or deposited with
Xotaries, Escribajios or judges acting as such, 10 cts.
per sheet.
47. MOXEY ORDERS. (Giros posMes.} For what-
ever amount, 3 cts.
49. MORTGAGES. I. On the amount of the obligation
secured, same rate as " Bonds, Surety," Xo. 45 ; II.
extensions of mortgages, same rate as above ; III.
those given to secure loans of money, where tax is not
already paid on the loan (See " Loans," I), for each
$100 or fraction, 50 cts. Exempt from tax : A. mort-
47
738 COMPENDIUM OF MEXICAN LAW.
gages and extensions executed in the same in.-trument
in which the original obligation is created or ex-
tended, already duly stamped ; B. extensions granted
to new owners of mortgaged property, where granted
in the instrument under which the property is ac-
quired; C. mortgages constituted in the same deed
of purchase in favor of a third person who lends the
money to make the purchase, the tax in such case being
only imposed on the sale, and not on the mortgage or
loan.
71. XOTES, Promissory. (Pagare.} For each $20 or
fraction, 2 cts. Exempt from tax : Those given in
transactions between institutions of credit and the Fed-
eral, State or Municipal governments.
70. OPTIOXS. (See " Promise of Sale," Xo. 85.)
8. PARTNERSHIPS. (See Xo. 90, " Companies and
Corporations.")
6. PARTXERSHIPS, Rural. (Aparceria.) I. On
the document containing the contract, 50 cts. per
sheet; II. on the receipt which the owner must give
for the products received under the contract, for each
$10 or fraction, 5 cts. ; III. on the document issued
by the owner for part of the products received on any
other account, same as II. Exempt : A. In cases
of I and II above where the area of the ground does
not exceed four hectares ; B. in cattle partnerships, of
not exceeding 100 head of " ganado manor" (smaller
animals), or 20 head of " ganado mayor" (larger
cattle).
14. PAWX TICKETS. On pawn tickets, or memoran-
dum of renewal : for loans less than $1, 1 ct. ; from $1
to $20, 2 cts. ; over $20, for each $20 or fraction, 2 cts.
Exempt: Those of public or private charitable insti-
tution-, the latter if authorized by law.
36. PAYMENT, by Delivery of Property. ( Dacion en
Pago). Same rate as " comprauenta."
STAMP TAX LAW. 739
67. PAY-ROLLS. (Xomina.) Will pay the same rate
as " Receipts " for each item of salary, fees or pen-
sion, except where covered by a separate voucher
properly stamped. Exempt from tax : A. Those
of soldiers in active service under rank of sergeant,
and military musicians ; B. those of auxiliary forces,
police, etc., whose daily pay does not exceed $1.50;
C. those of the daily allowance from the Federal
Treasury to prisoners ; D. those of day laborers and
operatives.
76. PERMITS. For sales in Pawnshops, $1.
83. PLEDGES AXD AXTICRES1S. Same rules as
" Bonds, Surety," Xo. 45. Warehouses and insti-
tutions of credit enjoy their special franchises in re-
spect to these contracts.
79. POLICY. (Poliza). That issued by private per-
sons to public offices pay the same rates as " Re-
ceipts." Exempt : That to which a duly stamped
receipt or pay-roll is attached ; the policy or receipt
issued to evidence the return of advances and loans
without interest, of amounts improperly entered, and
of deposits made to secure public interests.
81. POLICY, of Insurance. I. Of life insurance, 10
cts. ; II. of fire or other risk, upon the value insured,
for each $100 or fraction, 1 ct. Exempt from tax:
Fire insurance and other risks for less than six
months.
78. POWERS OF ATTORXEY. (Poder jundico.
See " Letters of Attorney," Xo. 21. See Art. 1083.)
Whether or not any amount is stated and although a
fixed compensation is stipulated: I. If only one
principal and one attorney, $2 per sheet; II. if three
parties, either principal or attorney, $4 per shoot ; 1 1 1.
if four parties as above, $6 per sheet; TV. if five or
more parties, $8 per sheet; Y. substitutions of powers
740 COMPENDIUM OF MEXICAN LAW.
pay same rates as above respectively. Exempt from
tax: Invocations of powers of attorney.
12._ POWERS OF ATTORNEY, Inspection of. (Bas-
tantco dc Poder). 50 cts.
82. PREMIUMS OE IXSURAXCE. (See Art. 1084.)
I. Premiums received by Insurance Companies on
all kinds of policies issued before December 16, 1892,
'2 ( /c ; II. those on policies issued since above date,
and not included in clause III, 3 c /c ; III. those re-
ceived on policies other than life, for less than six
months, 5> r /c.
85. PROMISE OF SALE or Purchase; Options. I.
On the amount paid for the promise or option, for each
$10 or fraction, 2 cts; II. if no payment is agreed :
a, in cscrHura piillica, $2 per sheet; b, in other doc-
ument, 50 cts. per sheet.
87. PROTESTS. The protest of bills of exchange and
other commercial paper, when made in a document
not in protocol, 50 cts. per sheet.
88. PROTOCOLS. (See Art. 10SG.) Those kept by
notaries, escribanos piibllcos, or judges acting as such,
$1 per sheet.
89. PROTOCOLIZATIOX. (See Arts. 1087 and
1092.) I. The protocolization of all instruments,
whether executed in Mexico or abroad, will pay the
rate prescribed for the act or contract therein con-
tained, except as herein provided :
II. The protocolization of documents in relation
to the organization of foreign companies which wish
to do business or establish agencies or branches in
Mexico, will pay on the amount of capital, when not
exceeding $1,000,000, the same rates as prescribed
for '"' Companies and Corporations " (Xo. 90) ; if
exceeding that amount, the above rates will be paid
on the first million pesos, and on the excess, for each
$1,000 or fraction, 5 cts.
STAMP TAX LAW. 741
III. Where such companies have no capital, the
tax will be paid on the difference between the assets
and liabilities as shown by the last annual balance.
IV. The protocolization of documents already
stamped, or which are exempt from tax, will only
pay the protocol tax on the number of sheets con-
tained.
28. PURCHASE AND SALE, Contracts of. (See
" Compraventa" 2so. 28.)
44. "RAILROADS AXD OTHER CARRIERS OF
PASSEXGERS. (See Art. 1078.) I. On the
gross receipts from passenger fares on railroads within
the Republic, 2^c ; II. on like receipts from street-
'cars, diligences and other vehicles for land transpor-
tation of passengers, with regular service and fixed
itinerary, 1%. Exempt: Eares chargeable to the
Government.
90. RECEIPTS. (Recilos. See Art. 10SS.) Every
kind of document issued to evidence the delivery of
a sum of money or a payment in cash or effects,
where such document is not taxed otherwise in this
Tariff, for each $20 or fraction, 2 cts.
Exempt from tax: A. to E. all kinds of receipts
and vouchers in regard to governmental and public
transactions; F. those receipts which are contained
in all kinds of commercial paper, invoices and nomi-
native titles, although such instruments are exempt
from tax, but in such cases the provisions of Art.
1088 referring to clause " IT," will be observed ;
G. those for installments of the purchase price of
shares of stock, endorsed thereon or on the provi-
sional certificates, as well as those entered in deposit
books legalized under Sec. 55; IT. those cnntainrd in
correspondence by letter or telegram sent from one
place to another; I. those given to carriers to evi-
dence receipt of packages containing money or val-
742 COMI'KXDIUM OF MEXICAN LAW.
uables ; J. those given for domestic wages ; K. those
of a routine nature passing between employes of the
same establishment covering delivery of funds for
expanses of the different departments, proper re-
ceipts being required upon the ultimate paying out
of the money ; L. those recited in the document evi-
dencing the original contract ; LL. statements,
invoices or receipts presented upon payment of
coupons, stock, bonds and other securities payable to
bearer ; M. duplicates, where the originals are duly
stamped, observing the provisions on this point in
Art. 10SS ; X. those issued for subscriptions for
relief in cases of public calamities; XX. those for
amounts not exceeding $5 issued by charitable, mu-
tual and savings institutions having such authoriza-
tion from the Treasury Department; O. those for
alms and gifts of all kinds less than $20.
51. REGISTRY. (Inscription.} In the books of the
Public Register of Property, Commerce and others
of the kind: I. For each inscription, 25 cts. ; II.
for each entry in the index of private instruments
which under the civil law must be filed in the Public
Registry, 10 cts. Exempt from tax: Entries or
annotations of simple reference or explanation.
46. RELEASES. (Flniquito.} Those between pri-
vate persons: I. Where the amount is stated, same
rate as receipts: II. where no amount stated, 50 cts.
per sheet.
01. REMISSIOX OF DEBT BY COXTRACT. I.
Where the amount of debt is determined, for each
$20 or fraction. 2 cts. ; II. where amount not deter-
minable when contract is made, 50 cts. per sheet;
III. if the remission is gratuitous, it will pay the rate
corresponding to the contract in which it is stip-
ulated. Exempt from tax: Releases granted by
STAMP TAX LAW. 743
creditors to a common debtor, or reductions made
in favor of the debtor.
95. RESALES, (lietrorcnta}. Pay same rate as
Rescission of Contracts.
92. RESCISSION OF CONTRACTS : $2 per sheet.
28. SALE AND PURCHASE, Contract of. (See
" Compraventa/')
85. SALE, Promise of. (See " Promise of Sale.")
1. STOCK, SHARES OF. Certificates of Stock, nom-
inative or to bearer, evidencing and representing a part
of the capital of any concern or company : I. Where
the amount is stated, for each $20 or fraction of par
value, 2 cts. ; II. where amount is not stated, $1 ; III.
stock or bonds issued to promoters, and any other
document which, without representing capital in-
vested, evidences rights to share in the profits, will
pay the above rates. Certificates of stock are sub-
ject to the above tax although they are issued in ex-
change for others already stamped which are retired
and cancelled (liayan de amort izarse"). (Art. 15.)
97. SUBROGATION, Conventional. Pay same rate
as assignments upon onerous title, on the amount
paid to the creditor by the party subrogated.
98. TELEGRAMS. I. On the original, not containing
a petition to any public official, 1 ct. ; II. if the tele-
gram contains such petition, on the original copy,
50 cts.
Telegraph operators must require the original
messages filed to be properly stamped ; if a telegram
contains a petition to a public official, they must state
on transmitting it that the stamps are affixed to the
original; when the stamp is paid on the original,
further tax is not required on copies received by
intermediate offices for forwarding where the trans-
mission is not direct. (Arts. 206-207.)
744 COMPENDIUM OF MEXICAN LAW.
101. TITLES. I. Of ownership of Mines of any kind:
For each pcrtenencia, or fraction of one-half or more,
$5 ; II. professional titles, $1 ; III. those of
tcrrenos Italdws, demasias and excedencias, pay the
same rates as " compraventa." Exempt : Pxofes-
sional titles of primary instruction.
66 & 75. VESSELS. Original copy of appointment of
consignees made by ship-captains under customs
regulations, 5 cts. Petitions to port or naval author-
ities for permit to sail: I. Vessels of ten gross tons
or less, 50 cts. ; II. of from ten to thirty tons, $1 ; III.
from thirty to fifty tons, $2 ; IV. vessels of over fifty
tons, $4. Exempt : War vessels, fishing boats, and
launches and other minor craft which ply about the
port, and ships sailing in ballast.
99. WILLS. (Ti'stamcntos.} I. Public closed wills,
executed in Mexico, on the wrapper, $5 ; II. public
open, private, military and maritime wills, and wills
executed abroad to take effect in Mexico, pay only the
protocol tax.
CHAPTER 3.
SPECIAL RULES FOR APPLICATION OF SOME TAXES.
Art. 1062. " Adas " Minutes.
10G2a. Leases and Subleases.
10G3. Certilieates or Certifications.
1004. Retail Sales Statements.
10G5. Approving or Proving Statements.
1006. Tax Receipts " Bolcta*."
1007. Correction of Returns False Returns.
1008. Payment of Taxes Loss of lioleta.
100!). Opening. Close or Transfer of Business.
107(1. \\holesale Invoices.
1071. Same -Notes.
STAMP TAX LAW. 745
Art. 1072. Special Sales Books.
1073. Sales What so Considered.
1074. Bills of Lading.
1075. Contracts When Subject to Tax.
1076. Donations How Taxable.
1077. Escritura Publiea -When and How Stamped.
1078. Eailroads.
1079. Inheritances and Legacies.
1080. Stamped Books By Whom and How Kept.
1081. Memorials.
1082. Minutes of Contracts.
1083. Powers of Attorney.
1084. Insurance Premiums.
1085. Loans of Money.
1086. Protocol.
1087. Protocolization.
1088. Receipts.
1089. Companies and Corporations.
Art. 1062. " Actas " Minutes. The tax payable on the
minute or contract executed before a public functionary or
employe, besides the rate per sheet, must be paid by affixing
and cancelling the stamps before the act is authorized or
judicially approved, as the case may be, where escritura pub-
lica is not required for its validity, in the latter event, the
tax will be paid in the form and manner prescribed for such
instruments. (Art. 16.)
Art. 1062A. Leases and Sub-leases. J n order to compute
the tax on leases for a definite time, in the cases under frac-
tion 7 of the Tariff, the time fixed for the duration of the
contract will always be taken into consideration, although
the contract is obligatory on only one of the parties. The
tax will be paid upon the rent stipulated, and also on the
amount of the real-property tax according to the laws 111
force at the time the contract was made, when the payment of
this tax, or of all others to which the estate is subject, is
chargeable to the lessee. The value of improvements other
than those of mere preservation of the leased property, made
by the lessee by virtue of the contract, is also considered as
a part of the rent, provided that the amount so expended on
746 COMPENDIUM OF MEXICAN LAW.
the same is determined, and also upon such amount the tax
will be paid at the rate of 5 cents, or of 1 cent, for each
ton pesos or fraction, according to the time when the im-
provements are to be made. Where the value of such im-
provements is not determined in the contract, there will be
paid, in addition to the rate prescribed for the respective
cases stated in fraction 7, that of $2.00 per sheet if the con-
tract is in escritura publica, or of 50 cts. per sheet if in pri-
vate document. If for any reason the lessee continues in
the use and enjoyment of the leased premises after the ex-
piration of the term, without executing a new contract duly
legalized, the lessor must, after two months from the ex-
piration of the term, re-stamp the former contract in accord-
ance with clause IV of fraction 7 of the Tariff.
Contracts of lease for an indefinite time do not need to
be renewed although the year for which they have been
stamped has expired. If the contract was for a definite time,
with a provision that after the end of the term the lessee
should continue at will of the parties, there will be paid, in
addition to the rate for the fixed term, the rate provided in
fraction 7 on leases for indefinite time. Where the parties
do not expressly fix the duration of the contract, but make
reference to the legal term, and some term is fixed by the
civil law, the contract will be considered as for a definite
time, and will be stamped for such legal term.
Where the lessee, under the terms of the contract, assigns
it to a third person, a new tax will not be paid; but where
the lessee, without such authorization, assigns the contract
with the consent of the lessor, and in general wherever there
is a novation of contract, either by increase or decrease of
the rental or by substitution of lessee, the corresponding tax
will be paid anew. The tax will also be paid in case of an
expressed extension, such extension being considered as a new
contract: but the stamps will be attached to the original docu-
ment on \vhich the renewal will be- noted. The provision by
hich tii" lessee agrees to injure the premises in favor of the
STAMP TAX LAW. 747
owner, is not subject to tax where it is made at the same
time as the lease. Where the rent is not paid in money but
in specific things agreed upon, such articles will be appraised
at the current market price at the time and place of deliv-
ery. Contracts in regard to the exploitation of forests, quar-
ries, and other natural products, whether periodical or not,
for an amount expressly determined, will pay the same
rates as leases in the respective cases ; but if there is only
fixed a basis of price with relation to a determined portion
of the products to be obtained, the contract will be rated as
a compra-venta. (Arts. 38-47.)
Art. 1063. Certificates or Certifications. These are sub-
ject to -a single 'rate although several parties join in them;
for taxing purposes a certificate is any document issued to
prove facts or declare any thing or circumstance, in what-
ever form and although the word " certify " is not used.
Certificates of any kind contained in a document otherwise
stamped, must nevertheless be stamped as provided in sec-
tion 23 of the Tariff, except such as are made in judicial
decrees, which pay the rate for legal proceedings. Assay
certificates procured by private persons at the federal assay
offices will be legalized with the matrix of coupon stamps and
the stub will be attached to the copy forwarded with the
accounts to the general Treasury. (Arts. 55-57.)
COMPRAVEXTA BY RETAIL.
Art. 1064. Retail Sales Statements. For the pur-
poses of taxation, a retail sale (venta al por menor),
is one made for an amount less than $20 ; whether
for cash or on time, they will pay the rate pre-
scribed by clause I of sec. 28 of the Tariff, in the man-
ner herein provided. All merchants, and in general, the
owners or managers of any commercial, industrial, agri-
cultural or mining business or establishment, habitually mak-
ing sales by retail, and not embraced in the exceptions B to II
748 COMPENDIUM OF MEXICAN LAW.
inclusive of said sec. 28, must present to the proper Stamp
Tax office, within the first fifteen days of June of each year,
a statement of the amount of retail sales effected between
June 1st and May 31st of the immediately preceding year.
(Arts. 62-63.)
Art. 1065. Approving or Proving Statements. The Stamp
Tax officials will pass upon such statements of sales, taking
into consideration the extent and importance of the business
and the conditions of the market, and be governed by the
following rules :
A. Statements showing an increase over the previous
year, and which in the opinion of the Administrador are
unobjectionable, will be finally approved forthwith, and the
statement so approved cannot be afterwards impeached ex-
cept as provided in Art. 1067.
B. Although showing such increase, if the Administrador
deems the statement too low, he will fix the amount which in
his judgment should serve as the basis of the tax, and if
the interested party is agreed, he will sign the return, and its
correctness cannot be inquired into as above provided ; but if
he objects to such estimate, and does not make the proofs pre-
scribed in sec. D, his statement will be accepted, reserving
the right to require proof upon an official visitation to the
establishment, which cannot be made until after six month?,
during which time the party making the return may rectify
his statement by declaring the true amount of sales, with-
out any punishment, upon payment of the balance of the
taxes due.
C. Statements showing an equal or decreased amount of
sales over the last year, and apparently unobjectionable,
will be approved with reservation of the right of visitation,
as above provided, and voluntary corrections may likewise
be made within the six months.
D. Where the statement shows an equal or decreased
amount, and the Administrador deems it too low, he will
STAMP TAX LAW. 749
fix the amount and proceed as provided in B. If the inter-
ested party objects, and produces all his books of account
and of sales in proof of the correctness of his statement, it
will be finally approved as it stands, and cannot be ques-
tioned as provided in clause A. If the interested party does
not make such proof, he must provisionally pay the tax on
the average amount between his return and the amount
fixed by the Administrador, until an official investigation
is made of the exact amount of sales ; if upon such
examination the statement is found correct, the amount
overpaid will be refunded ; if found incorrect, the full
amount of tax will be exacted and the prescribed punish-
ment inflicted. Merchants not required to keep stamped
books of account, may prove their returns by their special
book of sales or any other they may have although not
stamped; if there is no special book of sales, the amount will
be estimated by experts appointed under the regulations.
(Arts. 64-65, as amended 27 May, 1907.)
Art. 1066. Tax Receipts " Boletas." Upon the approval
as above of the tax returns, the Stamp Office will issue to the
interested party, before July 1st, a printed " Boleta," bear-
ing its corresponding number, and reciting the amount of
sales, and whether definitely approved or accepted subject to
proof, and also stating the annual bi-monthly amount of
the tax assessed; and stamps equal to the bi-monthly quota
will be attached to the Lolcta and cancelled bi-monthly in
advance. (Art. 00, as amended 27 May, 1907.)
Art. 1067. Correction of Returns False Returns. Be-
fore the buleia is issued, any party may correct his return
without penalty ; but after the boleta is issued no claims will
be allowed and the tax assessed must be paid, subject only
to be amended during the year, if as provided in the law,
or by admission as in Art. 1065, it appears that sales were
concealed, or when sales of some separate department are
750 COMPENDIUM OF MEXICAN LAW.
discontinued, in which events, in the first case, the boleta
will be corrected upon payment of the omitted taxes, with
or without penalty as circumstances may warrant, and in
the second, the provisions of Art. 1069 will be observed.
Xeither the approval by the Stamp Office of the return
filed, even when it conforms to the books, nor the amount
fixed by the Administrador as the basis of the tax, relieves
the taxpayer from the penalties incurred, if within the
period of prescription it is discovered that he made a false
return to defraud the revenue or failed to enter in his books
all the sales really made; but in the cases mentioned in Art.
1066 no visitation will be made for the purposes of investi-
gation, unless formal complaint is made, or official instruc-
tions received, or positive information is had of concealment
of sales, or an extraordinary general visitation is ordered ;
in such cases the concealment may be investigated and pun-
ished even within the six months above allowed for volun-
tary corrections. (Arts. 67-68, as amended 27 May, 1907.)
Art. 1068. Payment of Taxes Loss of Boleta. If the
sales do not amount to $100 a month, a certificate of exemp-
tion will be issued to the interested party, which will be
exposed in a visible place in the establishment. Merchants,
owners or managers of establishments must procure their
boletas in due time, and attach thereon and cancel the proper
stamps within the first ten business days of each bi-monthly
period. The stamps must be cancelled by hand or with seal,
stating the date and place and the name of the person or
establishment making the cancellation, or it may be by
perforator, but always showing the date of cancellation. If
the bold a is lost, or destroyed totally or partially, it cannot
be replaced except upon payment anew of the tax for the
bi-monthly periods elapsed, and the issuance of a new Ijolcta
by the Stamp Office, which will affix the proper amount of
stamps for the tax due for such period; only the Depart-
ment of Hacienda can remit such second payment upon
STAMP TAX LAW. 751
proof that the boleta contained all the stamps for the time
elapsed and that they were destroyed or rendered entirely
useless; if within the fiscal year the tax-payer should pre-
sent the missing Itoleta, the value of the stamps will be repaid
him in cash less the fees paid to the Stamp Office.
With the statement previously mentioned, the tax-payer
will present the boleta for the last past year for the purpose
only of proving payment of the last year's tax; but failure
to present it does not affect proceedings on the current re-
turns, or the separate proceeding to impose the penalty for
failure to pay the former tax, which will be presumed in
the absence of the last boleta., except upon proof to the con-
trary. The Tax Office will examine the boletas immediately
upon receiving them, and if found correct will issue to the
interested parties a receipt to that effect ; but if found that
all taxes have not been paid or the stamps not properly
cancelled, the penalties prescribed will be imposed ; such
receipt exempts the tax-payer from all liabilities, and if
upon revision any stamps are found missing, the employe
who issued the receipt must make the amount good. (Arts.
69-74.)
Art. 1069. Opening 1 , Close or Transfer of Business. Upon
the opening of any retail establishment, shop or business
house of any kind, written notice must be given the Stamp
Office within three days, and within the first fifteen days
of the fourth month after such opening a statement of the
sales made within the first three months must be filed, which
if approved will be taken as a basis for calculating the sales
for one year, and the tax wall be paid on the amount of
the statement from the date of opening business ; in the case
of pawnshops, the statement will be made within the above
time after the first auction sale. (Art. 75, as amended
27 May, 1907.) If the business is transferred to another
person or company, the latter will notify the Stamp Office
in writing 1 , and the boh'ta must be presented to show that the
752 COMPENDIUM OF MEXICAN LAW.
current taxes have been paid, and it will be returned to the
new owner who will pay the subsequent taxes ; failure to
give notice and present the boleta will subject the new owner
to the payment of any taxes in arrears and any penalties
incurred by the former owner. If the establishment is
closed during the fiscal year, the interested party will give
written notice to the Stamp Office, stating the date of
closure, and the proper political or municipal official will
certify 011 the same document that said establishment was
actually closed on the date mentioned, and the Ijoleta will
also be presented for examination and receipt as provided
in the preceding Article. If the stamps for the current
bi-monthly period have already been attached to the boleta,
no part of the tax will be refunded, but if they have not yet
been attached, the bi-monthly period will be divided into
four parts, and the tax will only be paid for the fifteen days
current when the establishment was closed, and no penalty
will be imposed for the failure to attach the stamps within
the proper time. If notice of closure is not given, the
establishment will be reputed open, and the taxes must be
paid until such notice is given although the place was actu-
ally closed.
If any new establishment is opened during the year, the
provisions of Art. 75 herein above will be observed, but a
new statement must be made for the current fiscal year if
the establishment was opened more than three months be-
fore the first of June ; such statement shall state the amount
of retail sales effected between the day of opening and May
thirty-first, and if the statement is approved, the sales for
one year will be calculated upon the amount shown, and a
lidb'ia issued for the amount calculated. The rate estab-
lished for the year will not generally be diminished or in-
creased by the discontinuance or addition of any article to
those usually sold in an establishment; but if a house should
cease to sell articles of a certain kind, opening an entirely
separate branch or department for their sale, it must pre-
STAMP TAX LAW. 753
sent a statement of the sales made by the latter within the
time fixed by Article 75 above, and the main house may
request the reduction from its boleta of the amount upon
which the branch house is paying, such reduction being
effective from the date of the opening of the branch.
If the closure of a mercantile establishment is only tem-
porary, it will continue upon reopening to pay the same rate
which it paid at closing; but if on reopening it has not the
same stock of goods, or if the capital has been increased or
diminished, the provisions in regard to new establishments
must be observed; the change of ownership or removal to
the different location is not considered as opening a new
business, but notice of such change must be given to the
Stamp Office. ^W nere an establishment is closed within
three months after it is opened, a statement of its sales must
be presented with the notice of closure, and if approved by
the Stamp Office a special ~boleta with the proper stamps
duly cancelled will be issued, the settlement being made
on the fifteen-day basis above provided, and the lolcta will
be taken up and a receipt issued to the interested party;
the same procedure will be followed in case of an establish-
ment opened during a fair or by others beginning a retail
business, who must notify the Stamp Office within three days,
and upon closure within three months,, unless exempt from
tax because of sales of less than $100 a month, will pay
on the basis above provided.
Where retail sales are made by persons not habitually
engaged in making them, and who are therefore not required
to observe the foregoing requirements, the tax provided by
clause II of Section 28 of the Tariff is only payable where
the parties voluntarily execute some document, invoice or
receipt evidencing the sale, and which it is optional with
them to do or not. (Arts. 75-85.)
48
754- COMPENDIUM OF MEXICAN LAW.
COMPRAVEXTA BY WHOLESALE.
Art. 1070. Wholesale Invoices. For the purposes of
taxation, a sale by wholesale (venta al por mayor), is one
made in a single transaction with the same buyer for a
price of $20 or more, or the aggregation in a single receipt,
invoice or document of several transactions made on the
same day and amounting together to $20 or more; the
omission of the dates of several items joined in the same
document raises the presumption that they were had on the
same day unless proven to the contrary.
In every sale by wholesale effected by merchants or in
any mercantile, industrial, agricultural or mining business
or establishment habitually making such sales, the seller,
whether on his own account or on commission, must issue
an invoice (factura) evidencing the sale and legalized with
coupon stamps for the proper tax on the amount of the sale
in accordance witli clause III of Section 28 of the Tariff;
the buyer must require such invoice, and if refused, he must
notify the proper Stamp Office within eight business days
after such invoice should have been issued, and if he fails
to give such notice he is subject to the same penalties as
the seller for failure to pay the tax. Such invoice must be
issued at latest within fifteen business days after the sale
if the parties live in the same place or within one month
if they live in different places. Where the price cannot
be fixed when the contract is made, the invoice will be
issued, as provided in Art. 1073, upon receipt of payment,
but the stamp per sheet required by clause IV of Section 28
must be attached to legalize the document. All such mer-
chants, owners of estates, establishments or business-con-
cerns as above, must keep one or more stub-books of in-
voices, which will be legalized gratis by the Stamp Office,
which legalization is good till the books are used up ; such
books must be kept although the sales are only made period-
ically. (Arts. 80-80.)
STAMP TAX LAW. 755
Art. 1071. Same Notes. The invoices must be issued
within the time above provided, although the goods have not
been delivered, or the sale is on time ; in the latter event the
seller must require, and the buyer execute promissory notes,
which must be stamped as required for notes ; such notes
must be delivered within three days after the sale is ef-
fected, to the seller or broker making the sale, where both
parties reside in the same place ; if residing in different
places, the seller must send the notes already duly stamped
and cancelled, to the buyer to be signed, the buyer being
obliged to repay the value of the stamps unless otherwise
agreed ; the entire transaction must be completed within one
month. If a broker conducted the sale, he must see that
these requirements are complied with, but neither he nor
the seller is subject to the penalties if they prove that the
notes were remitted duly stamped to the buyer.
Where sales by wholesale are made by persons not re-
quired to keep the stub-book of inventories, the seller may
issue an inventory or any kind of document to which to affix
and cancel the stamps, which may be either stub-stamps
or without stubs ; if the former they must be affixed en-
tire. If the contract of sale is evidenced by broker's policy,
minute deposited with notary, or by escritura public a, the
provisions of the law applicable to those cases will be ob-
served ; if sales on time are evidenced by any of the fore-
going documents or by other than inventory, the execution
of notes is not obligatory. Where the proper tax is already
paid on any such document, the invoices issued by the seller
need not be again stamped, but an annotation referring to
such document will be made on the invoice, and on dupli-
cates of them if taken from the stub-book. (Arts. 90-96.)
COMPRAVEXTA GENERAL PROVISIONS.
Art. 1072. Special Sales Books. Every mercantile, indus-
trial, agricultural or mining establishment, shop, sales-
office or business place, together with their separate branches.
756 COMPENDIUM OF MEXICAN LAW.
doing habitually either a wholesale or retail business, also
all merchants having no fixed establishment, and all those
doing retail business who are not exempt under Section 28
of the Tariff, must keep, in addition to the books of ac-
count required by law, one or more special sales books, as
their business may require, and keeping separate books for
wholesale transactions, if they prefer, which must be author-
ized by the Stamp Office and stamped as required by clause
II of Section 56 ; in case the interested party should re-
quest a new book because of the claimed loss or theft of
the former, it shall be authorized, but he is subject to the
penalty for not keeping such book unless he proves the actual
loss or theft of the former one.
In such special sales book must be entered daily, or at
the latest within seven days, the total amount of sales of
each day, and in a separate column, unless a separate sales-
book is kept for the purpose, an abstract of all sales by
wholesale must be entered within seven business days from
the issuance of the respective invoices. Any one failing to
observe these requirements, or who omits sales or makes false
entries, is subject to the penalties of law and to continual
inspection of all his books and correspondence so far as
deemed necessary to detect all violations for the past five
years. (Arts. 97-101.)
Art. 1073. Sales What So Considered. For the pur-
poses of taxation every instance of goods going out of the
establishment or place is considered a sale, unless the inter-
ested }>arty proves to the satisfaction of the Stamp Office
that it was only for the purpose of removal from one place
to another of the same owner, or was sent out as a sample,
or on commission for sale, or ?nnio other operation not sub-,
ject to taxation ; also the supplying of materials by mining
concerns to laborers for the working of mines, where the
same arc charged even at cost against their wages, is taken
as a sale for the purposes of taxation. Also the acquisition
STAMP TAX LAW. 75 T
of ores by smelting concerns for treatment on their own
account, and although for sale abroad, and whether to be
paid for before or after sale, or according to the value after
assay or on any other conditions; the Executive may make
arrangements with such smelters and exporters by which the
taxes may be paid in cash, at the reduced rate of $2 011
the thousand, taking as the basis for computing the tax the
total amount of metals or ore brought into the establishment
or exported during the previous year, whether on own ac-
count or that of others, or on commission or otherwise ; but
smelting concerns, whether or not they have made such
arrangements in regard to payment, have the right granted
by the decree of 24 November, 1905, and other like regula-
tions, 'to the refund of three-fourths of the tax paid on
metals.
The making or manufacture of articles, for an agreed
price, where the workman or contractor furnishes the mate-
rials, is considered a sale and subject to all the rules of
compraventa, unless such materials are the accessories and
not the prinicpal feature, and excepting work of mere repair.
The costs of insurance, cartage, freight, packing, etc., paid
by the seller for the purpose of shipping goods from one
place to another, do not form part of the price, and if in-
cluded in the invoice for the purpose of collection or other-
wise are only subject to tax as a receipt. The transfer of
personal property made after a number of periodical pay-
ments in the nature of rent or hire, does not require a stamped
invoice where the original contract is duly legalized. Tn
cases under clause 4 of Section 28 of the Tariff, as soon as
the price is ascertained, the parties must execute a supple-
mentary document in the same form as the original con-
tract and pay the tax for the sale on the same; if the deter-
mination of the price depends upon periodical deliveries or
upon the number, weight or measure of the thing- sold, the
seller, upon receiving the price either in one or several pay-
ments, must upon each payment issue an invoice or receipt
758 COMPENDIUM OF MEXICAN LAW.
duly stamped at the rate prescribed in clause 3, according
to the kind of instrument evidencing the contract; where at
the time of sale part of the price is determined, the corre-
sponding part of the tax will be then paid, and the foregoing
provisions will be observed as to the undetermined balance.
Orders of goods for third persons made to factories or
commercial houses in Mexico are considered made on com-
mission only when such goods pass to the purchaser at the
same price paid for them by the person placing the order,
irrespective of any commission he may receive ; in such cases
the sale is legalized by an invoice issued by the seller to either
the purchaser or his agent ; if the transfer is made for a
different price, the purchaser must issue and stamp a new
invoice. Orders placed abroad for third persons are not
subject to tax where the seller issues and sends the invoice
and shipping-bill directly to the buyer, and only the receipt
for the agent's commission will be stamped ; but if the seller
issues such documents in the name of the agent, he must
stamp the foreign invoice if he presents it for collection to
the person ordering the goods, or he must issue to him a new
invoice duly stamped, besides the stamps on his receipt for
commissions. If the agent contracts personal obligations
with the buyer in regard to the transaction, it will be con-
sidered as a compreventa between the two unless satisfactorily
proven that such obligations were contracted by authority
and on account of the seller of the goods.
Sales made bv traveling; agents of Mexican or foreign
c O O
houses are subject to tax when the house accepts the orders
and ships the goods; but where the agents themselves deliver
the goods, or in case of sales made on their own account by
persons having no fixed place who travel about selling their
wares, the tax must be paid and all formalities complied
with as soon as the sale is made : such persons must comply
with the requirements in regard to statements and stub-
book^ and sale- books in whatever place they may be, and
before beginning business in each place must give written
STAMP TAX LAW. 759
notice to the Stamp Office, stating at what house or hotel
they are stopping, as well as of any change of address ; and
they must go in person to the Stamp Office every eight days
of their stay with their loleta and book of sales and settle
accounts for the preceding eight days, being subject to the
oversight and inspection of the officials at any time.
The transfer of a business is subject to the tax on com-
praventa, and the stamps will be affixed to the document or
invoice issued, or to the inventory of stock or balance taken
upon which the purchase price is determined. In the trans-
fer of estates subject to encumbrance which is assumed by
the purchaser, the amount of encumbrance is taken as part
of the price on which the tax must be paid ; in case of
exchange of properties, the tax is computed only on the one
of greater value delivered by one of the parties, without
regard to any amount of cash paid or to be paid by the other
or by any one for him.
As a general rule the tax on compraventa is payable by
the seller, subject to reimbursement by the buyer if so agreed ;
but in sales by wholesale made by Government offices or
establishments, the tax must always be paid by the buyer.
(Arts. 102-119.)
BILLS OF LADIXG.
Art. 1074. Bills of lading as herein provided must be
issued in all cases by carriers and persons habitually en-
gaged in transportation, for the public; those who only
occasionally make such contracts need only issue and stamp
bills of lading when the amount of charges is $20 or more ;
but if they do issue a bill of lading it must be stamped ;
the tax will be paid by the person paying the freight unless
otherwise agreed. Railroad, express, and street car com-
panies may, if they prefer, with the authorization of the
Department of Hacienda, make their payments in cash
directly to the Treasury, which will fix the amount to be
paid upon the basis of verified returns, but reserving the
760 COMPENDIUM OF MEXICAN LAW.
right to require the rate on each document under Section
30 of the Tariff; the rate on such cash payment will be $7
per thousand, payable bi-monthly in advance within the
first ten business days of each period, and deducting any
amounts of freight paid by the Federal Government, or
occasioned by carrying materials owned by the company, and
the value of any stamps charged to the shippers.
Where a new carrier begins business, or a new section of
railroad is opened during the fiscal year, and wishes to-
make payment of taxes in cash as above, it must notify the
Principal Tax Office and secure the authorization of the
Department of Hacienda, if not already obtained for exist-
ing lines, and must within the first fortnight of the fourth
month file a statement of its receipts for the first three
months, upon the basis of which the Department will fix
the tax to be paid, from the time of opening business.
In cases where the direct carriage corresponds in part to
national and in part to foreign lines, and in those where the
freight charges are partly within the exemptions of clauses
A. and B. of Section 30, the amount of carriage or freight
subject to the tax will be stated in the bill of lading or
receipt, and the tax must be paid on one-half the total amount,
although the proportion is less.
The tax must be paid on freight carried in street-cars or
by any other means of transportation, where carried by con-
tract with and under the responsibility of the carrier, but
not where it is carried at the owner's risk in vehicles hired
for the purpose, in which event only the tax on the con-
tract itself is required. Small carriers not required to keep
stamped books of account must however keep the book re-
quired by clause 4 of Section 56 of the Tariff. (See
" Books of Account.") (Arts. 120-127.)
CONTRACTS.
Art. 1075. When Subject to Tax. It is optional with
the parties to execute in writing or not the contracts not
STAMP TAX LAW. 761
specified in the Tariff, provided they do not involve the
transfer of real property or rights, so that the rates pre-
scribed in Section 31 are only payable when the parties vol-
untarily reduce such contracts to writing in whatever form;
said Section including contracts in regard to the temporary
use of waters, the creation of easements, the furnishing of
electric light and power, including the necessary work of
connections; the execution of lithographic, typographic and
photographic works and of book-binding; dentistry work,
works of all kinds subject to payment of toll, lodging, and
generally all kinds of contracts not specified in the Tariff;
but if the houses, establishments or shops doing such kinds
of work also sell merchandise whether of their own line of
business or otherwise, such sales are subject to the rules in
respect to compraventa. (Arts. 128-130.)
Art. 1076. Donations How Taxable. Donations subject
to " resolutory " conditions pay the same as if uncondi-
tional ; where the condition is " suspensive," one-half the
tax is payable when the donation is made and the balance
when the condition is fulfilled ; no part of the tax paid is
refundable upon the revocation or reduction of the donation
for any cause. If the gift is of the bare title with reserva-
tion of the usufruct, the donee will pay one-half the tax
when the gift is made and the balance when the usufruct is
extinguished; if the gift is of the usufruct with reserva-
tion of the title, the tax is payable only on one-half the value
of the property; if the title is given to one person and the
usufruct to another, each will pay one-half the tax. (Arts.
140-143.)
ESCRITURA PfJBLICA.
Art. 1077. When and How Stamped. Whenever a con-
tract is made by escritura publica, the stamps for which have
not been affixed on the minute of the contract or other docu-
ment, as provided by law, the proper tax will be paid by
affixing the stamps on the liquidation-note which the notary,
762 COMPENDIUM OF MEXICAX LAW.
escriLano or judge acting as such remits to the Stamp Office;
if the tax has already been paid in whole or part, the notary
will certify the fact at the foot of the escritura, stating the
document on which the stamps are affixed and their amount ;
if such amount is insufficient, the difference must be paid
on the liquidation-note. Xotaries and other officials must
cause their instruments to be properly stamped under their
responsibility, and in cases of doubt must submit the ques-
tion of rate to the Hacienda. The liquidation-note sent to
the Stamp Office must contain the statement of the amount
of tax payable, stating the number of the escritura in its
proper order, its date, the kind of contract and the amount
involved, the number of sheets it occupies in the protocol,
the Section of the Tariff applicable to the case, the names
of the contracting parties, and the amount to be paid for
tax. The Stamp Office will limit itself to receiving the
payment made by the parties and to affixing and cancelling
the corresponding amount of stamps on the nota, returning
it at once duly receipted ; if it should be of opinion that a
higher rate should be paid it will notify the Hacienda.
Tf less stamps than the contract requires have been can-
celled on the minute, the nota will be issued for the differ-
ence between the amount paid and that required by the
Tariff, also in cases where in an escritura of partition a
greater value is put on the property than in the inventory or
accounts, or a higher value is put on property for the pay-
ment of annuities under wills or donations, than that taken
as the basis for payment of the tax; in the latter cases if
the greater value of the property is determined after the
escritura is authorized, the proper rectification will be made
in the same protocol and a supplemental nota containing the
balance of the tax will be sent to the Stamp Office.
Payment must be made within one month after the instru-
ment is begun to be extended in the protocol, regardless of
the time when it is signed by the parties, and it cannot be
authorized by the notary until the nota with the stamps and
STAMP TAX LAW.
YG3
voucher of payment are returned ; if the payment is not
made within the month, except only where the question of
proper rate is pending in the Hacienda, it cannot be, after-
ward received, and the notary must, under penalty of five
hundred pesos, mark the escritura " Xot passed " (No paso},
and it can in no event be revalidated, but the protocol tax
must be paid on it; if the parties wish to proceed with the
contract they must execute a new escritura. Within the
time allowed for payment the notary may issue a supple-
mental nota or rectify the one previously issued if erroneous,
without being subject to penalty, but after that time he cannot
do so except in the cases of overvaluation above mentioned,
or when because of error in the rate he is required to reval-
idate the escritura.
When the nota and voucher of payment are returned, they
will be protocolized along with the escritura, or added to the
appendix where the protocol is kept in books already bound
and paged, in which case the notary will note in the escri-
turas the page where they are recorded ; the nota and voucher
will be copied in full in all certified copies of the escritura
issued. Simple ratifications, rectifications and explanations
of an escritura already stamped, only pay the protocol tax ;
also an acceptance made separately from the original contract
duly stamped. (Arts. 144-154.)
RAILROADS.
Art. 1078. Railroads and other carriers must file with
the proper Stamp Office a statement of their receipts for pas-
senger service during the previous civil year, indicat-
ing any amounts paid by the Federal Government; and
the Department of Hacienda, upon verification of its
correctness, will fix the amount on which tax must be paid,
which payment must be in cash by bi-monthly periods in
advance within the first fifteen days of each period. Where
any now carrier begins business or opens a new branch within
the fiscal year, it must at once notify the Stamp Office, and
764 COMPENDIUM OF MEXICAN LAW.
within the first fifteen days of the fourth month it must file
a statement of its receipts for the first three months, as the
basis upon which the Hacienda will fix the proportional
amount upon which taxes will be paid during the remainder
of the year. If the traffic is suspended, notice will be given
the Stamp Office so that it may fix the proportion of tax
which will be paid, as in the case of retail sales ; if such
notice is not given the company must continue paying the
tax although the traffic was suspended. (Arts. 155-157.)
IXIIEKITAXCES AXD LEGACIES.
Art. 1079. The tax will be paid by the executors or
those making the distribution and charged against the sev-
eral shares, the stamps being affixed and cancelled by the
parties on the partition account, before its approval by the
judge, who will require it to be done ; in cases where heirs
may withdraw from the probate proceedings, the judge
will not permit their withdrawal until the inventory is ap-
proved and the tax paid on the true net value of the estate,
which will be done by affixing the stamps to the copy of the
inventory which is on file in the proceedings, as also in
cases where there is no partition account ; the judges before
whom any probate proceeding is brought must give notice
to the proper Stamp Office within eight days. For the pur-
pose of taxation the heirs must make an inventory although
the testator otherwise provides ; likewise in regard to real
estate in Mexico although the proceedings are had in a
foreign country. The tax will be paid on the net value
of the estate, that is, after deduction of debts and three per
cent, for expenses ; if not paid within three years after the
death of the deceased, the date of which must always be
stated, a penalty of ten per cent, for each subsequent year
or fraction of a year will be imposed. The Executive may
appoint special commissioners who, without the consent of
the, local authorities, may inspect the court records and
take proper steps to insure payment of the tax. Conditional
STAMP TAX LAW. 765
inheritances and legacies, and those of the bare title or of
the usufruct, are subject to the rules regarding donations.
A legacy of a life annuity will be capitalized at ten per
cent, a year, and the tax will be imposed on the resultant
amount as provided in Section 48, and the amount will be
deducted on computing the rate to be paid by the heir or
legatee charged with the payment of the annuity. Where
the taxes have been paid as therein provided, on the inven-
tory or partition account, no other tax will be paid upon
executing the escritura of partition than the protocol tax,
except as provided in Art. 1077 in respect to the overvalu-
ation of the property of the estate. (Arts. 158-164.)
J3OOKS OF ACCOUNT.
Art. 1080. Stamped Books By Whom and How Kept.
In order to determine whether a merchant must keep
stamped books as provided in Section 50, the assets of his
commercial business and not his other property will be con-
sidered, but if he has several establishments whose com-
bined capital is $2,000 or more, although separately less,
he must keep stamped books. If the Stamp Officials have
data indicating that any one ought to have stamped books,
and the latter claims exemption, they may require from the
local tax office a statement of the amount of taxes paid to
the State or municipal government, and if the amount of
assets cannot be determined in this way, they may have re-
course to the evidence of experts in the juicio pencial, or
expert inquest, and if the party interested fails to appear in
the proceeding, he will be bound without further recourse
to keep stamped books, although the capital which he uses
belongs to other persons. The branches of any establish-
ment which keeps stamped books are required to keep only
the special sales book when they are engaged in making
sales at retail or wholesale. Farmers, artisans and in
general all who have a 'store or shop in town for the sale of
the products of these country estates or of their industry or
766 COMPENDIUM OF MEXICAN LAW.
work, must keep the books required by law, but are exempt
if they do not maintain such store or shop.
The account and sales books must be presented in blank
to the Stamp Office to be authorized ; the authorization must
be written and stamps for the amount of the tax must be
affixed and cancelled on the first page, and the seal of the
Office impressed on the other pages ; when new books are
brought in to be authorized, the former ones must be pre-
sented to show that they are filled up or nearly so with the
proper entries. All books must be kept in Spanish, and
always at hand in -the office, store or shop, and the princi-
pal Stamp officials are empowered to impose the penalties
and enforce the requirements provided in the Code of Com-
merce (Art. 571). Uooks once authorized may continue to be
used after the time fixed for the currency of the stamps used
in them, provided there has been no total suspension of
entries during the year, in which event they must be reval-
idated by payment of the quota corresponding to the blank
pages, or new books must be authorized ; in respect to bal-
ances and inventories the suspension may extend to two
years. If the books are not used during the legal term of
the stamps, except where authorized within the last three
months of the fiscal year and which may be used during the
next year without invalidation, they are considered as not
stamped, and their owners are subject to the duties and
penalties prescribed by law. Where an establishment is
removed, although into another revenue district, or changes
owners or business-name, the books already authorized may
continue to be used. (Arts. 107-175.)
Art. 1081. Memorials. Officials and employes making
petitions in private matters must do so by memorial prop-
erly stamped, but consular petitions presented to customs-
houses are considered official and not subject to stamp;
memorials sent from foreign countries by mail directly TO
public authorities will be admitted without stamps, but if
STAMP TAX LAW. 767
presented by some one authorized for the purpose or after-
wards appointed to represent the petitioner in the matter,
he must pay the proper tax. (Arts. 178-179.)
Art. 1082. Minutes of Contracts. Only minutes executed
before or deposited with notaries, where the contract is
required to be in escritura piiblica, are subject to the tax; if a
public instrument is not necessary under the civil law, and
the contract is contained in the minute so deposited, the tax
corresponding to the private contract will be paid at the time
upon the minute, and if afterwards it is transferred to escri-
tura puUica, the requirements in such cases provided in
Art. 1077 will be observed. (Art. ISO.)
Art. 1083. Powers of Attorney. To determine the rate
to be paid where there are more than two parties to a power,
the capacity in which a party appears will be taken into
consideration, so that if one person executes it for himself
and as the representative of another, he will be considered as
two parties, except where by virtue of law he represents
various persons, in which event, and in cases of joint agency,
he is considered as a single party. The tax on substitutions
made in accordance with law on the foot of the certified
copy of the power, will be paid by attaching the stamps
to the page on which it is written, or in the legal proceedings
in which it may be made, and all subsequent substitutions
will pay the same rate. (Arts. 181-183.)
Art. 1084. Insurance Premiums. Premiums and policies
of reinsurance pay the same rate as those of insurance, pen-
alties (recargos~) being considered as premiums for taxing-
purposes. Companies and individuals engaged in insur-
ance must pay each six months the tax upon the amount
of receipts during the past six months, affixing the stamps
to the statement filed, which will be verified by the Stamp
officials from the account books of the tax-payer; insurance
768 COMPENDIUM OF MEXICAN LAW.
companies may pay their policy and premium taxes directly
in cash if so authorized by the Hacienda. Business houses
not engaged in the insurance business, but which with the
permission of the Hacienda insure specified merchandise
against maritime risks for their regular customers, will pay
the tax by means of coupon stamps which must be attached
in all cases to receipts taken from stub-books, the principal
part of the stamp being cancelled on the receipt and the
coupon on the stub in the book. (Arts. 184-187.)
Art. 1085. Loans of Money. The renewal of loans evi-
denced by cscritura publica, made before maturity without
alterations of the terms of the original contract, are not con-
sidered for taxing purposes as a new loan and will only pay
the rate of 20 cts. per $100 or fraction as provided in clause
1 of Section 31 of the Tariff, although the debt is secured
by mortgage. The rate provided by Section 84 must be
paid on escrituras piiblicas providing for the issuance of
bonds and on documents authorizing the issuance of obliga-
tions against any company or concern, besides the rate pro-
vided by clause 1 of Section 15 when the same are put into
circulation. (Arts. 188-189.)
Art. 1086. Protocol. When a page of the protocol is once
legalized it may be used throughout, whether for one or more
escrituras, and although the period of legal currency of the
stamp is expired, provided that some instrument was entered
in it during the currency of the stamp. (Art. 190.)
Art. 1087. Protocolization. The provisions of Art. 1077
in regard to cscritura p'liblica are applicable to protocoli-
zation. Foreign corporations wishing to protocolize their
by-laws and documents, must prove to the satisfaction of the
Hacienda, in order to enjoy the privileges of clause 2 of
Section 89, that their principal place of business is in the
STAMP TAX LAW. 701)
foreign country and that they are conducting business there.
(Arts. 191-192.)
Art. 1088. Eeceipts. A receipt must be demanded arid
issued, duly stamped, for every delivery of money or payment
in cash or securities, subject to tax under Section 90; but
private persons and those not required to keep a book of
sales, need not issue receipts for payments less than $20, nor
merchants who do keep such books, for like sales when the
payment is made in the store or shop at the time of the
purchase ; but if a receipt in any form is issued it must pay
the tax unless within some of the exemptions of said Sec-
tion 90. .Notwithstanding the provisions of clause II of said
Section, if the payment or delivery of money or securities
is made by a third person, on account and order of a house
or person domiciled in another place, the letter, receipt or doc-
ument which must necessarily be issued as a voucher for such
third person making the payment, must be stamped at the
rate prescribed for bills of exchange. To determine the tax
on receipts issued for payments made in securities, the latter
will be taken at the valuation given them by the parties in
the contract out of which the payment arose, and if no such
valuation was made, then at their par value. When original
receipts must be sent away, or it is wished for any reason
to keep copies, they must be presented at the Stamp Office,
and upon it appearing that the original is properly stamped,
the copies will be legalized by the seal of the office, a note
being made on them of the fact. (Arts. 193-196.)
COMPANIES AXD CORPORATIONS.
Art. 1089. The tax on companies is only payable on the
net capital contributed by the members, and when once paid
on the escritura of association, those by which the members
make their contributions, even of real estate, are only subject
to the protocol tax. Escrituras of association which provide
for future increase of capital, pay upon the original capital,
4!)
770 COMPENDIUM OF MEXICAN LAW.
and when the increase is made pay the corresponding tax
on the escritura or documents protocolized in relation thereto;
the tax will be paid on the increase, with the proper reduc-
tions in view of the amount of the old and new capital ;
reorganization is only subject to tax in case increase of cap-
ital results, and then only on the increase, except where other
taxable operations are involved. In partnerships between
capitalist and industrial partners, only the capital contrib-
uted by the former is subject to tax, the right of the latter
to participate in the profits not being figured in the firm
assets. The consolidation or fusion of two or more com-
panies is not subject to tax, whether a new company results
or one of the former ones absorbs the others, except where
increase of capital or other taxable operation results, in
which event the corresponding tax must be paid ; likewise in
cases of the coming in or retiring of members, which does
not necessitate a ne\v company, but in proper cases the pro-
visions in regard to dissolution of companies will be ob-
served. The simple extension of the company existence,
agreed upon before the time has expired, is only subject to
the protocol tax ; but if agreed on afterwards, or if the mem-
bers are changed or the terms of the original contract sub-
stantially modified, it will be considered a new company and
the corresponding taxes must be paid. (Arts. 11)7-205.)
CHAPTER 4.
CF.XKKAL nn.ES IX IJEGAKI) TO THE COMMOX STAMP TAX.
Art. 1090. Foreign Documents Revalidation.
lO'll. Who Must Pay Tax.
100-2. Methods of Detonninin-- Values.
Art. 1090. Foreign Documents Revalidation. 'Notwith-
standing the provisions of clause -2 of Art. 10.">9, contracts
made abroad and documents in regard to payments made
STAMP TAX LAW. 771
abroad on account of the Federal Government, and intended
to have only administrative effects in the Republic, are
exempt from tax, as also are contracts and documents which
have paid consular fees as provided by law ; as to memorials,
see Art. 1081. Foreign documents produce effect in Mexico,
for purposes of taxation, when they must be presentee! be-
fore any public office or authority, when they must be pro-
tocolized or registered, or are presented for acceptance or
collection ; also whenever they are to be performed wholly
or partly in Mexico ; such documents must be stamped by
the person making use of them. Where the form and
denomination of such foreign contracts are not clearly defined
in Mexican law, they must be submitted to the Department of
Hacienda for its decision as to the rate of tax to which it
is subject by analogy to the contracts embraced in the Tariff.
(Arts. 211-213, 215.)
Art. 1091. Who Must Pay Tax. Concessions and con-
tracts entered into between official authorities or bodies of
the Republic are not subject to tax, but those between the
Government and private persons are subject to the tax,
which must be paid in every case by the private contracting
party. As a general rule the tax must be paid by the party
issuing the document, unless otherwise provided by law
or agreed between the parties, but such agreements cannot
relieve the parties from their several liability to the govern-
ment for the payment of the tax ; the tax on foreign docu-
ments must be paid by the person making use of them.
(Arts. 214-215.)
Art. 1092. Methods of Determining Values. In transac-
tion- for which the Tariff fixes the rate only for determined
values, tin 1 parties must, express in the instrument the value
and other circumstances of the transaction affecting the tax
so that it may be properly taxed, and if such valuation appears
to he fictitious the parties are subject to the penalties pro-
772 COMPENDIUM OF MEXICAN LAW.
vided for partial failure to pay the tax. Contracts involv-
ing not to exceed one million pesos will pay the full rates
fixed by the Tariff; if in excess of one million but not ex-
ceeding five million, the Tariff rates will be paid on the first
million, and half such rates on the excess ; and if exceeding
five millions, the first five million will be taxed in the fore-
going proportion, and on the excess at the rate of ten per
cent, of the rate on the first million ; this rule applies also
to the concessions embraced in clause 4 of Section 29, but
not to leases, articles of association and matrimonial capitu-
lations, which in all cases will pay the Tariff rates. In
contracts not specified in the Tariff, providing for periodical
payments which must be taken as the basis for the payment
of the tax, the amount of such payments for not exceeding
five years will be taken as the basis, but where the time
is indefinite the tax will be paid on one annual payment.
Interest will not be considered in computing the tax unless
where past due interest is compounded or is the principal
object of the contract. Except as provided in Art. 1070 in
case of donations, the tax must be paid on conditional con-
tracts as if they were unconditional and taxes paid will not
be refunded upon failure of the condition. Where a con-
tract states both determined and undetermined values, the
proper rate will be paid on the former, and one peso fur
each sheet of the document if in escritura piiblica or fifty
cents if not, unless the Tariff also fixes the rate for indeter-
minate values. Except as provided for surety contracts,
where several transactions or contracts intimately related
and subject to tax are contained in one document, the tax
will be paid only on the one causing the highest rate or on
one of them if several pay the same rate; if they are not inti-
mately related the tax will be paid on the total amount
involved in the document; among other instances of such
intimate relation with the principal contract are provisions
relating to the subject-matter of the contract itself, or mod-
ifvinir its natural conditions, or in regard to such incidental
STAMP TAX LAW. i t o
conditions as retroventa, penal clauses, liquidated damages,
the dereclio del ianio, and similar matters; like rules apply
to the protocolization in the same act of foreign documents
relating to contracts and transactions intimately connected,
although appearing in different documents executed on dif-
ferent dates. (Arts. 216-223.)
CHAPTER 5.
USE AND CANCELLATION OF STAMPS.
Art. 1093. Tax per Sheet Sixe of Paper.
1094. Coupon and Common Stamps.
1Q95. Cancellation of Stamps How and By Whom.
1096. Neglect to Cancel Defective Cancellation.
Art. 1093. Tax Per Sheet Size of Paper. The sheet of
paper for documents taxable by the sheet,, including protocols,
must not exceed 35 centimeters in length by 24 in width,
regardless of the dimensions of the written part, and the
number of written and printed lines on both sides
cannot exceed eighty ; sheets of greater size or num-
ber of lines will pay double the rate; excepted from
these requirements are account books and other books author-
ized under Section 50, customs-house documents and others
permitted by law to have other dimensions, balances, and
statistical documents in tabulated form, all which pay the
single rate per sheet of whatever dimensions and number of
lines. In determining the amount of tax payable on acts
and contracts taxed per sheet, the number of sheets on which
they are written will be counted, although not fully covered
and although the tax has been already paid on another act
or contract written partly on the same sheet, but not count-
ing the words usually written at the bottom of a page to
connect it with the following; the full rate will be paid on
all copies of such document, except copies required by law
to be made for use in public offices, those which under this
774: COMPENDIUM OF MEXICAN LAW.
law may be legalized by the use of coupon-stamps, and dupli-
cates to be presented before some public authority or office,
the originals of which are duly stamped. (Arts. 224227.)
Art. 1094. Coupon and Common Stamps. On contracts and
concessions executed in duplicate in documents other than
escritura publica, and subject to tax on the value, coupon-
stamps must be used, affixing the principal part of the stamp
on one copy and the stub on the other, such fact being noted
at the foot of the document, other copies if any being legal-
ized as provided in Sec. 54 of the Tariff; but duplicates
and other copies of documents issued to be presented with
the originals duly stamped ad valorem before public offi-
cials for proving accounts do not need to be stamped or
otherwise legalized ; with the exceptions herein provided,
all duplicates must pay the same rate as the originals.
Common stamps with or without coupons may be used indis-
criminately, but the former must be affixed entire except
in cases where this law requires them to be divided for use
on duplicates or stub-books ; coupon-stamps may be used on
receipts, drafts, notes, etc., where the parties wish to keep
stub-books bound and paged, affixing the principal part of
the stamp on the document and the coupon on the stub,
which must contain a statement of the transaction. If by
mistake of the parties or notary a greater amount of stamps
than required is cancelled on an instrument, the excess cannot
be refunded, but the notary may be required to reimburse it
if he is at fault. (Arts. 228-233.)
Art. 1095. Cancellation of Stamps How and By Whom.
Stamps and coupons used separately must be cancelled In-
hand or seal, or may be by perforating seal, which form
must be used by the federal revenue offices ; expressing in
all cases the date and place, and the name of the person,
concern or office making the cancellation, which must cover
all the stamps and extend on both sides on the paper to
STAMP TAX LAW. 775
which they are affixed. Except as otherwise provided,
the cancellation must be made : 1, On private documents,
by the party executing them ; 2, on drafts and bills of ex-
change, by the drawers ; 3, on notes given for sales on time,
by either buyer or seller; 4, on the pages of the protocol,
by the notary or judge acting as such ; 5, in other cases
herein provided, by the judges, notaries or chiefs of office
charged with the legalization or invalidation of proceedings
or documents ; G, on the boletus issued for retail sales, by
the seal of the firm or the name of the owner, with the
other requirements above specified. Stamps imprinted by
the Printing Office under authority of the Department of
Hacienda, directly upon the documents enumerated in Art.
10GO, do not need to be cancelled. (Arts. 234-236, 239.)
Art. 1096. Neglect to Cancel Defective Cancellation.
Where a document is properly stamped, but one or more
stamps are not cancelled or are defectively cancelled, without
any indication of fraud, the office receiving the document
will cancel such stamps without imposing any penalty,
except in case of bolctas of sale, the stamps on which
must be cancelled in strict observance of the manner herein
prescribed, and every failure to cancel or irregular cancella-
tion of which is subject to penalty. Where a document
appears without stamps, but it is evident that it had been
properly stamped and cancelled, and no indication of fraud
appears, the official to whom the document is presented
may record the fact and the circumstances proving it, and
affix his seal in the place where the stamps had been affixed,
without imposing penalty. (Arts. 237-238.)
776 COMPENDIUM OF MEXICAN LAW.
CHAPTER 6.
EEVALIDATION OF UNSTAMPED DOCUMENTS.
Art. 1097. When Revalidated Double and Triple Rates.
1098. How Revalidated.
1099. Effects of Failure to Stamp and of Revalidation.
Art. 1097. When Kevalidated Double and Triple Rates.
Any book or document, except escrituras publicas, wanting
any or all the stamps it should have, may be voluntarily pre-
sented within eight days after its date to the Stamp Office,
which will revalidate it by affixing and cancelling stamps in
double the amount missing, upon receipt of their value,
the usual time required for the mails being added to the
eight days where the document is presented at a place other
than where it was executed ; if presented after such time,
but within one year from its date or that of the first entry
in the book, it will be revalidated upon payment of three
times the rate. In the above cases no penalty w r ill be im-
posed provided that the presentation is voluntary, that the
omission had not previously been discovered by any official
or empolye, nor reported, and that no official visit of inspec-
tion against the delinquent had been undertaken or announced,
in all which cases the invalidation will be made through the
recovery of the taxes omitted and the imposition of the
prescribed penalties. Documents executed prior to the law
of 1 December, 1874, on unstamped paper, are regarded
as validated by law, and those executed since may be reval-
idated as above provided on the terms herein prescribed ; if
the document were not taxed it need not be revalidated.
(Arts. 240-243.)
Art. 1098. How Revalidated. In all cases of invalidation
the proper stamps will be affixed to the document and can-
celled by the Office, a statement to that effect will be re-
STAMP TAX LAW.
777
corded on the document and signed by the Stamp Agent
under the seal of the Office ; such invalidation may be made at
any office, although the document comes from another revenue
district ; in case of escritura publica the stamps will be
affixed to the supplemental nota. If there are no stamps at
any place the document or book will be presented to the Stamp
Office and will be legalized upon the payment of the amount
due, and an order of legalization signed by the chief of the
Office, who will issue to the interested party a certificate
of payment in cash because of want of stamps; such legali-
zation will only be effective for two months, after which
time the document or book will be considered as unstamped
unless the proper stamps are affixed to it ; for this purpose
the parties must go within the two months to the Stamp
Office and exchange the said certificate for stamps which will
be supplied without other payment and will be affixed and
cancelled by the Office to the document or book ; if it is not
in possession of the party asking its legalization, he will
get the stamps in exchange for the certificate and send them
to the person holding the document that they may be affixed
and cancelled in legal form. (Arts. 244, 246247.)
Art. 1099. Effects of Failure to Stamp and of Revalidation.
Xo instrument or book not legally stamped, or which in-
volves an infraction punishable under this law, shall be
evidence for any purpose in or out of court, nor be given any
effect, nor can it be registered or admitted by any public
authority, office or employe ; but upon payment of the omitted
taxes it will be held as revalidated and be given effect,
although fines which might be imposed have not been paid ;
but escrituras publicas marked " Xot Passed " are not sub-
ject to invalidation. The revalidation of any document only
implies the recovery of the stamp tax and does not in any
wise affect its character and validity in law as the basis of
any action or defense. (Arts. 245, 248.)
78 COMPENDIUM OF MEXICAN JLAW.
CHAPTER 7.
FEDERAL CONTRIBUTION".
Art. 1100. What Subject to Kate.
1101. Exempt from Federal Contribution.
1102. Payment of Federal Contribution.
Art. 1100. What Subject to Rate. On every payment
made on any account whatever into the revenue offices of
the States and Municipalities, there will be paid in addi-
tion, for the use of the Federation, twenty (20^/r) per cent,
of its amount, which must be paid in special stamps called
" Federal Contribution Stamps." When such payments
arise from fines, abandoned property, escheats, treasure-trove
or anything other than the payment of a tax or duty in some
form, the federal contribution is included in such payments,
of which amounts sixteen and two-thirds per cent, will be paid
in the above stamps. In cases where the State or Municipal
government farms out or contracts the collection of any
of its taxes, the twenty per cent, of federal contribution
will be collected in addition upon the sum stipulated in the
contract, as the payments are made, without the separate
collection of the same from the taxpayer by the contractor,
nor is he required to cancel stamps for each collection of
local revenue which he makes, although he is considered
subrogated to the attributes of the revenue office. (Arts.
240-251, as amended 27 May, 1907.)
Art. 1101. Exempt from Federal Contribution : Revenues
belonging to the Federation and to the municipalities of the
Federal District and Territories ; deposits not on account or
in guaranty of payments which may in some way be subject
to the contribution according to the preceding Article; pay-
ments for the part of the price of baldios which is applied
to the States according to law; payments arising from mili-
STAMP TAX LAW. 779
tary or civil rooms in hospitals; reimbursements; payments
made on account of records of the Civil Register ; the tuition
of students in establishments of public instruction, and the
income from funds of such establishments and those of public
charity ; income received by States and Municipalities from
their property or lands, the proceeds of its sale or of the
products of its establishments, or arising from its financial
operations ; gifts to any official work of charity of the States
or for objects of public interest in the opinion of the Depart-
ment of Hacienda; ground rent not exceeding 75 cts. daily
in public markets ; receipts from fees for authorizing and
verifying weights and measures; receipts from distribu-
tion of water and for use of woods and pastures ; penalties
or surcharges for default in payment of local taxes ; pay-
ments of four cents or under ; all capitation or poll-taxes
amounting to less than 25 cts. a month, subject to the
detailed provisions which are omitted as of negligible im-
portance. (Arts. 252-255.)
Art. 1102. Payment of Federal Contribution. The federal
contribution must be paid immediately that the local payment
is made, in whatever form or portion it is made, and in all
cases must be paid by special coupon-stamps, resealed by
the Principal Administrators of the Revenue, the matrix
of the stamps being affixed to the voucher of payment, and
the coupons remitted to the Principal Stamp Offices, both
matrix and coupon being cancelled with perforating seal
or that of the office receiving the payment. (Art. 25G;
the remaining Articles up to 2(55 are omitted as containing
only administrative features of accounting in the Stamp
Offices.)
780 COMPENDIUM OF MEXICAN LAW.
CHAPTER 8.
SPECIAL TAXES AND DUES PAYABLE IN STAMPS.
Art. 1103. Special Stamp Taxes.
Art. 1103. Special Stamp Taxes. The following taxes and
dues will be paid in accordance with the laws on the subject
at present in force, and those which may be promulgated
in the future, by means of special stamps or common stamps
bearing a special seal:
I. Annual mining tax. (Law of March 25, 1905.)
II. Tax on gold and silver. (Law of March 25, 1905,
and decrees of November 23 and 24 of the same year.)
III. Tax on yarn and cotton fabrics. (Law of November
17, 1893, and decree of October 30, 1902.)
IV. Tax on manufactured tobacco. (Law of December
10, 1892, and decrees of May 12, 1896, May 7, 1903, and
May 20, 1904.)
V. Tax on alcoholic liquors manufactured by the dis-
tilling process. (Law of May 4, 1895, amended by Art.
3 of the law of June 20, 1905, and decrees of May 7, 1903,
and .May 11, 1905.)
VI. Tax on dynamite and explosives. (Decree of Feb-
ruary 21, 1905.)
VII. Dues on patents of invention. (Law of August 25,
1903, issued by the Department of Fomento, and Regulations
of September 24, 1903.)
VIII. Dues on trademarks. Law of August 25, 1903,
issued by the Department of Fomento, and Regulations of
September 24, 1903.)
IX. Dues on weights and measures. (Regulations of the
law of June G, 1905, issued by the Department of Fomento
on November 10 of the same year.)
In cases not provided for by the laws and Regulations in
regard to the taxes and dues above enumerated, the provisions
of this law will be observed whenever applicable. (Arts.
2 HO L'07.)
STAMP TAX LAW. 781
CHAPTER 9.
VIOLATIONS, FRAUDS AND PUNISHMENTS.
Art. 1104. Classification Simple Infractions.
1105. Same Sections II and 111.
1106. Uncurrent Stamps Invalidation.
1107. Infractions with Criminal Liability.
1108. Repeated Offenses Prescription.
Art. 1104. Classification Simple Infractions. Liabili-
ties for failure to comply with the provisions of the Stamp
Law are of two kinds: 1, Simple infractions; 2, infrac-
tions with criminal liability. Simple infractions are com-
mitted r I, By' failure to observe the formalities and
requisites of this law ; II, by lack of vigilance in compliance
therewith ; III, by failure to pay the tax. Liability under
Section I is incurred by : 1, Those failing to properly cancel
the stamps on boletas f books and documents, except as pro-
vided in Art. 1096 ; 2, those using stamps of a different kind
than required by law or with the re-stamp of another revenue
district ; 3, those presenting inaccurate statements, where
the error is discovered before the boleta is issued or before
the tax is payable, except as provided in Art. 10GT; 4,
those failing to give notices or to present books, boletas or
documents within the required time ; 5, those failing to make
proper entries in their books in the time and manner re-
quired ; C, those failing to keep their boleta or certificate
of exemption in a visible place ; 7, those failing to keep the
required books accessible in their establishments ; 8, those
failing to comply with any other requisite or formality not
above specified ; the foregoing infractions are punishable
by a fine of from one to one hundred pesos for each violation.
(Arts. 2G8-271.)
Art. 1105. Same Sections II and III. Simple infrac-
tions under Section II are committed by public oiticials and
782 COMPENDIUM OF MEXICAN LAW.
employes who admit or give effect to any documents or books
not properly stamped, or permit same to be registered, or fail
to cancel stamps, or pay out public money or transmit tele-
grams, on unstamped documents, or fail to give the notices
required by law, or fail to require stamps on foreign docu-
ments, and by judges who fail to require the proper stamps
in matters of inheritance ; the penalty for such infractions
under Section II is a fine of five times the value of the
stamps omitted where their value can be determined, pro-
vided such fine is not less than one peso nor exceeds five
hundred, and where the amount of stamps cannot be deter-
mined, the fine will be from one to five hundred pesos.
Under Section III simple infractions are committed by:
1, Those who fail wholly or in part to purchase the stamps
required for any document ; 2, those who fail to execute any
receipt, invoice or other document subject to tax which they
are required to issue, and those who fail to demand the
same when it is their duty to require it ; 3, those who
execute any document subject to tax, although its execution
is optional, and fail to stamp it : 4, those who fail to file
returns and pay the tax, or who file returns for less than
their sales books show, where the tax is assessed on that
basis, except in cases of retail boletas issued as provided in
Art. 1005, and those who fail to affix and cancel the proper
stamps on such bolcfas within the legal time: 5, those who
make entries of retail or wholesale sales in less than their
actual amount, unless they correct the same as provided in
said Art. 100."): (Clauses 4 and 5 are as amended 27 May,
I'.'OT): 0, those who fail to revalidate within ten business
lays from the expiration of a year of suspension: 7, those
who fail to secure their bolcta-s and to return them properly
stamped within the times required : S, those who use on
their boletas, documents and books stamps which are not
current at the time they should have been stamped ; 0, those
who fail to keep books or keep them \vithout stamps, con-
trary TO this law, or destroy them to prevent official inspection ;
STAMP TAX LAW. 783
10, carriers of passengers and freight who do not pay the
tax within the legal time; 11, officials, employes and pen-
sioners who collect their salaries or pensions without the
proper stamped documents. Likewise included under said
Section III of the preceding Article are : 1, Professional per-
sons received in official schools who exercise their profession
without properly stamped diploma ; 2, notaries, brokers and
commission-merchants intervening in any transaction without
requiring payment of the proper tax ; also notaries, escribanos
and judges acting as such who fail to exact the correct rate
prescribed by law, and brokers who authorize minutes of
contracts, issue copies of same, or offer them for registration
without the proper stamps ; 3, officials or employes violating
any of- the provisions of law in regard to the federal contri-
bution ; 4, those who retain in their possession uucancelled
stamps of an old issue after the time when they can be
exchanged for stamps of the new issue; 5, those who while
not personally bound to stamp a document, receive or retain
the same not properly stamped. The penalty for all viola-
tions under Section III is a fine of ten times the amount of
the omitted stamps, but not to be less than one nor more than
five hundred pesos where the value of the stamps is deter-
minable, and where the amount cannot be determined, then
from five to three hundred pesos. (Arts. 272-276.)
Art. 1106. Uncurrent Stamps Revalidation. Documents
bearing stamps of a different class from that required for the
tax, may be invalidated upon payment of a fine in amount
to be determined by the following proportions: 1, If the
stamps do not exceed $1, by paying double their amount;
2, if from $1 to $4, by a fine of $1 ; 3, if exceeding $4, by a
fine equal to 25*/c of their value up to $100; if exceeding
$100, the tine will be $100; where the stamps have the
restamp of a different revenue district than that in which
the document was executed, it will be invalidated upon pay-
784 COMPENDIUM OF MEXICAN LAW.
rnent of like fines, except without the maximum limit of
amount. (Arts. 277-278.)
Art. 1107. Infractions with Criminal Liability. Are com-
mitted by: 1, Those who keep two or more sets of books,
including sales books, whether authorized or not, for the same
business, with different entries in them; 2, officials or em-
ployes who having received stamps for a document or book
fail to affix and cancel them, or remove those affixed to
documents in their possesion by reason of their official posi-
tion ; 3, those who sell or use stamps which have been used
on other documents or books, by washing, scraping or alter-
ing them ; 4, those who fraudulently and by reason of their
official position, affix to boletus or other documents incom-
plete stamps of a different value than is due ; 5, escribanos
who falsely certify to the proper stamping of any contract
or document ; 6, those who defraud or assist in defrauding
the revenue through any of the acts punished by the Penal
Code ; 7, officials or employes charged with the collection of
the federal contribution who fail to require its payment.
The foregoing violations will be punished by a fine of
twenty times the amount defrauded, provided the fine be not
less than one nor more than five hundred pesos, or from five
to fifty pesos where the amount defrauded cannot be deter-
mined, without prejudice to criminal liability under the
Penal Code and irrespective of the judgment rendered.
(Arts. 279-280.)
Art. 1108. Repeated Offenses Prescription. Administra-
tive rules for the application of the foregoing penalties are
omitted. Reincidence, or the second or repeated commission
of the offense, is punished as follows: For the second
offense 25 r /r more than the fine for the first offense, oO^o
more for the third, and so successively, provided the total
of a single fine does not exceed $.">00 ; the commission of
any offense equal to the first one, by the same person during
STAMP TAX LAW. 785
two years after the imposition of the penalty is considered
reincidence for the purposes of this law. Administrative
action for the punishment of every such offense prescribes
by the lapse of five years from the day after its commission,
or if it were continuous, from the day after it ceased; but
at no time can effect be given to instruments, documents or
books not properly stamped until they have been presented
to the Stamp Office and the proper stamps affixed and can-
celled, except where improper stamps have been used it
is not necessary to affix new ones ; where it is not consid-
ered necessary by the parties to issue the document which
should have been executed, the value of the stamps it should
have borne may be collected in cash. The falsification of
stamps is punishable the same as forgery of sealed paper
under the Penal Code. The Department of Hacienda may
reduce the penalties imposed or pardon any offense com-
mitted under this law where in the interest of justice. (Arts.
282-287.) l
i Articles 288 to 371, dealing entirely with administrative procedure,
administration of the stamp offices and official inspections, are omitted
as beyond the practical purposes of this work.
50
786 COMPENDIUM OF MEXICAN LAW.
BOOK XXI.
WEIGHTS, MEASURES AND COINAGE
TITLE I.
WEIGHTS AXD MEASURES.
(Laws of 19 June, 1805, and G June, 1905.)
CHAPTER 1.
THE MKTRIC SYSTEM.
Art. 1109. Metric System Adopted Standards.
1110. Old System Equivalents.
Art. 1109. Metric System Adopted Standards. From
and after the 1C September, 1890, the International Decimal
Metric System of Weights and Measures shall be the only
legal system in the Mexican United States. (Law 1895.)
The system of weights and measures already , established,
derived from the international standards of length and
mass and from the second of medium time, constitutes the
national system of weights and measures, and is the only
legal system, and its use is obligatory in the .Mexican United
States. (Law 1905.) The fundamental units of said sys-
tem are as follows: 1, The unit of length called the Meter,
is equal to the length of the meter recognized and adopted
as the international prototype; 2, the unit of mass called
the Kilogram, is equal in weight to the weight of the kilo-
gram recognized and adopted as the international prototype
OLD MEXICAN LAND MEASURES. 787
of mass ; 3, the unit of time is the second of medium time.
The Department of Fomento will designate the. derived
units intended for common use, specifying the conditions
with which they must comply, and will also designate the
derived units of the national system of weights and measures
which are not of common use. ( Law 1905, Arts. 1-3.)
Art. 1110. Old System Equivalents. The national
standards of the new system are those furnished by the Inter-
national Committee of Weights and Measures, the scientific
details of which, being common knowledge, are omitted,
(Arts. 45) ; also the details of organization of the Bureau
of Weights and Measures of the Department of Fomento,
and fhe provisions for the propagation and conservation of
the system, (Arts. G-1G), and the penal provisions, (Arts.
17-21.)
The legal equivalents between the units of the national
metric system now in force and those used in the Republic
previous to 10 September, 1800, will be those shown in the
tables heretofore published by the Department of Fomento
and attached to the Regulations of this Law. The teaching
of the metric system of weights and measures will continue
to be obligatory in all public and private educational estab-
lishments. The Executive will issue regulations and orders
to secure its strict observance. All former laws on weights
and measures are repealed. (Arts. 22-26.)
CHAPTER 2.
OLD MEXICAN LAND AND WATER MEASURES.
Art. 1111. (Jeneral Definitions.
1112. tiitio dc Canada Mayor.
1113. Silio de Ganado Mcnor and Caballeria.
1114. Old Water Measures Terms Defined.
((ialvaifs Ordenanzas dc Ticrras // Af/uux. Chap. X.)
788 COMPENDIUM OF MEXICAN* LAW.
Art. 1111. General Definitions. In order to more intelli-
gently understand the measurement of land, it is necessary
first to explain the Mexican linear measurement as it is
to-day used, and that used formerly.
The Mexican vara is the unit of all the measurements of
length, the standard of which is the Castillian vara of the
" Marc of Burgos," and is the legal vara which is used in
the Mexican Republic.
The Mexican vara is divided into tw r o halves, three-
thirds or feet, four quarters, six-sixths and thirty-six
pulgadas, or inches. One pulgada is divided into 12 lines,
(lineas) and one line is considered as divided into 12
puntos. We have another division of the legal Mexican
vara conforming with the division of the ancient vara of
Toledo, which was used by surveyors and miners. Said
division consisted in making two halves of the vara, three-
thirds or feet, four-quarters, or palmos (palms or spans),
six-sixths, eighth-eighths and forty-eight dedos, or fingers.
The dedo is divided into three pajas or straws, or into four
granos.
Fifty Mexican varas is the measurement denominated
the cordel, which instrument is used for the meaurement of
land.
The legal league contains 100 cordcles or 5000 varas,
and is divided into two halves or into four quarters, or fourths,
the latter being; the onlv subdivision of the same.
O t/
The half league has 2500 varas, and one-fourth 1250
varas.
Formerly the Mexican league was divided into three miles
(millas), each mile into one thousand paces of Solomon,
and one of these paces (pasos) was equal to five-thirds of
the Mexican rara; consequently the league contained 3000
paces of Solomon. This was recognized as the legal division,
but it has not for a long time been in use.
The same which was understood to be the pace of Solo-
OLD MEXICAN LAND MEASURES. 789
mon was at that epoch termed the vara, and served for
the measurement of land.
The marco is a measure which is equivalent to 2~/%
varas, that is, 8 mar cos made 23 varas, and was used for
land measurement.
According to the more ancient Ordinances whenever any
titles to land w r ere sold, they should mention the paces
of Solomon and the number of marcos, and the distances
expressed were to be reduced to varas in said measurements.
For example, if it were measured by the paces of Solomon,
it had to be reduced to varas, and was written with the
number of paces stated and the result was calculated by
dividing by six, or that which was equivalent to its sixth
part, and the number of varas equivalent to the said paces
was obtained. By this rule it was found that 2000 paces
were equivalent to 3333 1 / 3 raras.
In order to reduce the marcos to varas,, the number was
multiplied by 23, and the production divided by 8, or that
which was equivalent to its eighth part. By this rule it
was found that 384 marcos were equivalent to 1104 varas.
The cordel of 69 varas was formerly used for the measure-
ment of the sides of a caballeria.
Art. 1112. Sitio de Ganado Mayor. The figure of a
rancho or sitio of the extent of a ganado mayor is that of a
square, the four sides of which each measures 5000 varas.
Two of these sides should be laid out in the direction of
east to west, consequently the others must be from north
to south. The distance from the center of said sitio to each
of its sides, should be measured directly to the cardinal
points of the horizon, and should be 2500 varas. The
measurement should be then made from the center of said
sitio to each one of its four right angles, and should be
3535 Y> varas, and the measurement from the right angles
to the opposite should be 7071 varas. Tf for this meas-
urement should be used the cordel of fifty varas , each of
700 "-COMPENDIUM OF MEXICAN LAW.
the sides of the sitio bounding the ganado mayor should
be 100 cordcles, from the center to each one of said sides
the measurement should be fifty cordcles, from the center
of the same, to each one of the angles should be measured
seventy cordcles and SS 1 /^ varas, and from one angle to the
opposite, it should be one hundred and forty-one cordeles and
twenty-one varas.
The area or superficie of a sitio de ganado mayor is
25,000,000 square raras. The criadcro dc ganado mayor is
a square equal to the fourth part of one sitio de ganado mayor,
each of the sides of which measures 2500 varas, and the
area of which is 6,250,000 square varas. Formerly the
measurement was made by the unit denominated the pace of
Solomon, 3000 of which were equal to the league of 5000
varas.
Art. 1113. Sitio de Ganado Menor and Caballeria. The
figure of the small-stock ranch or sitio of the extent of a
ganado mcnor, is that of a square, each of its sides meas-
uring 3333 { / 3 varas. This sitio is measured in the same
manner as the sitio de ganado mayor. The distance from
the center of this sitio to each of its sides should be 1673 2 / 3
varas, from the center to each of its angles it should be
2357 varas, and from each angle to the opposite it should
be 4714 varas.
If the measurement is made by the cordcl of fifty varas,
each of the sides should measure 76 cordeles and 32 1 / '..
varas. From the center to each of its sides, it should be
33 cordcles, and 16 2 / :! varas; from the center to each of
its angles it should contain 47 cordcles and 7 varas, and
from each angle to the opposite 94 cordcles and 14 varas.
The criadero de ganado mcnor is square, equal to the
fourth part of the sitio de ganado mcnor, and measures on
each side 1676 2 /., varas, and the area of which is 2,777,777
and 7 / !( tlis square varas.
The figure of a caballeria dc ticrra is a parallelogram of
OLD MEXICAN LAND MEASURES.. 791
right angles, the longest sides of which are 1104 varan, or
22 cordeles and 4 varas, and the smaller sides of which
measure 552 varas, or 11 cordeles and 2 varas. The figure
most common is that of a parallelogram with one of its
longest sides of greater length than the other. The length
and width of the right angled caballeria, or the length of its
sides when uniform, is the amount hefore given, the area
of said caballeria heing 609,498 square varas. One-half a
caballeria is a square of 552 varas on each side; area
304,704 square varas.
The suerte of land, or fourth part of the cdballeria of
land, is a figure corresponding to the one-fourth part of said
caballeria, the area of which is 152,352 square varas. and
measures 11 cordeles and 2 varas by 5 cordeles and 26 raras.
The caballeria of land is also divided into 12 Castillian
fane gas, for the planting of corn (sembradura de maiz}, and
the area of the fanega is 50,784 square varas. The caba-
llcria of land is also divided into 69 fanegas for the sowing
of wheat (trigo), each fanega occupying a superficial exten-
sion or area of 8832 square varas.
The solar of land is a name given to any portion of land,
the area of which is less than a suerte of land or less than
one-fourth part of the area of a caballeria .
The solares for houses, mills and stores (niolinos y ventas)
should be square lots measuring 50 varas on each side, the
area of which, is 2,500 square varas (50 vara lots.)
The sitto de ganado mayor contains a little over 41 caba-
llerias of land (41.023) or 41 caballerias and a square solar,
the side of which is 119 2 /.-, varas ; the sitio de ganado mcnor
contains a little over 18 caballerias, and one solar, the sides
of which are 376% varas. Measuring the caballeria of
land with the* cordel of 50 varas it must measure 22 cordeles,
and 4 varas on the longest sides and 11 cordeles and 2 rams
on the shorter; each side of the square which composes one-
half of the caballeria, should measure 11 cordeles and 2
varas. the distance from the center of said square (half a
792 COMPENDIUM OF MEXICAN LAW.
caballeria*) to each of its sides should measure 5 cordeles
and 26 varas. The fundo legal or town site, for pueblos, is
a square, measuring on each side 1,200 varas, the area of
which, is 1,440,000 square varas. The square should be
laid out with the angles corresponding to the cardinal points.
Art. 1114. Old Water Measures Terms Defined. A
buey of water is a volume of water passing through a square
aperture each side of which measures one vara, the area or
superficie is one square vara, hence one vara is equivalent
to 48 dedos or 36 pulgadas, the said superficies being 2,304
square dedos, or 1,296 square pulgadas.
The surco is the volume of water delivered through an
aperture of rectangular shape, which has for its base or
horizontal width eight dedos or six pulgadas in measurement,
and measuring from the base perpendicularly, six dedos
or four and one-half pulgadas. The superficie of a surco
is 48 square dedos or 27 square pulgadas, (each pulgada
equals ll-12ths of an English inch); 48 surcos make one
buey or 2,304 square dedos. Forty-eight surcos make one
buey.
The naranja is the measurement of the volume of water
delivered through a rectangular aperture of eight dedos in
width and two in height, the superficie of which is 16
square dedos or 9 square pulgadas. Three naranjas make
one surco or 48 square dedos.
A real of water is the volume delivered through a rectan-
gular aperture, two dedos in width and one dedo in height,
superficie two square dedos or l 1 /^ square pulgadas. Eight
realcs of water make one naranja, and the area of one real
is two square dedos, therefore the area of a naranja is 16
square dedos.
A paja of w r ater is the measurement of the volume passing
through a square aperture, each side of which measures 1 / s
of a dedo, the area of which is 1 / 9 th of a square dedo or
1 / lc th of a square pulgada. The paja of water is also one
MONETARY AND COINAGE LAWS. 793
square paja, and is equivalent to one and 7 / ths of a square
grano.
From the foregoing divisions anTl subdivisions of a bueij
of water, it results, that one buey is composed of 48 surcos
or 144 naranjas, or equal to 1,152 reales or 20,736 pajas.
TITLE II.
MONETARY LAWS AND COINAGE.
CHAPTER 1.
NEW MONETARY LEGISLATION.
Art. 1115. Gold Standard Adopted.
1116. Coins 'Weight and Fineness.
1117. Coinage and Circulation.
1118. Legal Tender and Currency of Money.
1110. Withdrawal of Coins- Prohibition of Tokens.
1120. "Regulatory Fund" Value of Old Coinage.
1121. Value of "Peso" in Foreign Moneys.
Art. 1115. Gold Standard Adopted. By the Law of 25
March, 1905, in effect from 1 May, 1905, Mexico passed from
its historic championship of the patron de plata, or silver
standard, and joined the concert of nations under the regime
of the patron de oro, or gold standard of monetary legislation.
The principal provisions of this and other kindred laws
carrying into effect the new r system, are stated in this
Chapter.
Art. 1116. Coins Weight and Fineness. The theoretic
unity of the monetary system of the Mexican United States
is represented by seventy-five centigrams of pure gold, and is
denominated " peso." The " peso " of silver heretofore
coined, and containing 24.4388 grams of pure silver, shall
have under the conditions prescribed in this law a legal
value equal to the said 75 centigrams of pure gold. The
794 COMPENDIUM OF MEXICAN LAW.
'' peso " is divided into one hundred " centavos." The coins
to be issued shall have the following values : Gold coins :
$10.00 and $5.00; silver coins: $1.00, $0.50, $0.20, and
$0.10; nickel coin, $0.05; bronze coins, $0.02 and $0.01.
The composition of the gold coinage shall be 0.900 of fine
gold and 0.100 of copper; that of silver coinage: for coins
of $1.00, 0.9027 of pure silver and 0.0973 of copper; that
of bronze monies shall be ninety-five parts copper, four of
tin and one of zinc ; the nickel five cent pieces shall be
made of commercially pure nickel. The limit? of tolerance
in the "ley" shall be: for gold money, 0.0015; for silver
pesos, 0.003 ; for fractional silver coinage, 0.0004.
The weights of the coins shall be: Gold: $10.00,
S.333Y 3 grams; $5.00, 4.166 2 / 3 grams; Silver: $1.00,
27.073 grams; $0.50, 12.500 grams; $0.20, 5 grams; $0.10,
2.500 grams; Xickel, $0.05, 5 grams; Bronze, $0.02, 6
grams; $0.01, 3 grams. (Arts. 1-8.)
Art. 1117. Coinage and Circulation. The power to coin
money belongs exclusively to the Executive of the Union,
who. will exercise it in accordance with the present law at the
times and in the amounts thereby authorized ; hence the right
of private persons to present gold and silver to the mints for
its coinage is abolished. The coinage of new gold monies will
be limited, until otherwise ordered, to the amounts neces-
sarv to exchange for the outstanding gold coins, which will
t- O O O
cease to have legal circulation on July 1st, 190(5: however
in the special circumstances hereinafter mentioned, the
Executive may authorize the free coinage of gold monies.
From the time this law goes into effect, and except in case
of recoinage, new silver monies will only be coined and
issued when they are to be received in exchange for gold
coined or in bars, in the proportion of seventy-five centi-
grams of pure gold for one peso; the gold thus received may
be employed in the purchase of bars of silver up to the
amount necessarv to coin the silver monies solicited. The
MONETARY AND COINAGE LAWS. 795
obligation to issue silver monies in exchange for gold shall
cease when the value of silver contained in such coins shall
be, in the City of Mexico, greater than that of seventy-five
centigrams of pure gold for one peso; in other cases such
obligation will be given effect in the time and manner fixed
by the Regulations.
The new fractional currency shall be manufactured from
the metal obtained by the melting down of the current silver
coinage, unless its issuance is solicited in exchange for gold
as above provided. For the making of the nickel and bronze
pieces the necessary metal may be bought in the market; but
such pieces shall not be coined where the amount of them
in the fund hereinafter mentioned exceeds $200,000.00.
The restrictions 'imposed by the foregoing provisions on the
coinage and issuance of silver monies do not apply to the
case of recoinage, in which case the amount and kinds of
silver monies which may be necessary may be freely coined
and put into circulation, provided that the total value
represented by the new pieces shall equal that of those de-
livered for recoinage; the waste occasioned by recoinage
shall be covered by the Federal Treasury. Every inhabitant
of the Republic has the right to exchange the fractional
coinage in order to obtain silver pieces to the value of one
peso, and vice versa, provided he requests the exchange in
the amount of one hundred pesos or its exact multiples, at
the offices to be designated by the Treasury Department.
The Department may authorize, but only for exportation,
the coinage of pesos of the issue previous to 1SDS, provided
that they bear a special countersign; in such cases it will
fix the price of the coinage with the interested parties and
make such provisions as will insure the exportation of said
pesos. In all other cases the cost of coinage will be borne
by the Government. The mints and federal assay offices will
continue performing the functions committed to them by
the Mining Tax laws, and will continue to render to private
person* the services of assay, smelting, separation and refill-
796 COMPENDIUM OF MEXICAN LAW.
ing, according to the regulations and tariffs issued by the
Treasury, in cases where it is so ordered or authorized by
law and the regulations. (Arts. 9-19.)
Art. 1118. Legal Tender and Currency of Money. The ob-
ligation to pay any sum in Mexican money is discharged (se
solventa] by delivery of monies of current coinage at their
face value ; hence the public offices of the Federation and of
the States, and all establishments, companies and private per-
sons are obliged to accept such monies in payment of what is
owing them, with only the following restrictions: Gold
money to any amount, and silver money of one peso denomina-
tion, have unlimited legal tender (tienen poder Uberatorio
ilimitado) ; the fractional silver coins are of obligatory accept-
ance only up to twenty pesos in one payment ; those of nickel
and bronze up to one peso. Foreign money is not of legal
currency in the Republic, except where otherwise expressly
provided by the law. Obligations payable in foreign
money, contracted in or out of the Republic to be performed
within the country, are discharged by the delivery of the
equivalent in Mexican money, at the rate of exchange cur-
rent in the place and at the time when payment should be
made. The foregoing provisions cannot be waived or re-
nounced, and every stipulation to the contrary is void ; the
Articles 1453 and 2 GOO of the Civil Code of the Federal
District are repealed. 1 (Arts. 20-23.)
Art. 1119. Withdrawal of Coins Prohibition of Tokens.
Gold coins and coins of one peso which by natural wear have
become smooth or decreased in weight, shall be withdrawn
at the cost of the Treasury, where such decrease is, in case
of gold coins, four times, and in case of silver pesos ten
times the limit of tolerance provided in Art. 1116; the frac-
tional, nickel and bronze coins will be retired when they have
become worn smooth. Plugged and clipped pieces, those
5 See Arts. 4">2 and 345.
MONETARY AND COINAGE LAWS. 797
having marks and countersigns, and those which show signs
of having heen used for other than monetary purposes, shall
lose their legal currency, and can neither be accepted nor ex-
changed at the public offices. The use of tokens, chips,
counters and all other objects of whatever material, as con-
ventional signs in place of legal money, is prohibited, and
will be punished as herein and in the Penal Code provided,
and the voluntary taker can have no action to recover on
them ; but this does not apply to bank notes and other
instruments of credit issued by authority of law. (Arts.
24-26.)
Art. 1120. " Regulatory Fund " Value of Old Coinage.
A fund called " Fondo Begulador de la Circulation Mon-
etaria " is created, the details of which are omitted, and
under Art. 32, a decree, of date 3 April, 1905, creating a
special "Comision de Cambios y Moneda/' was promul-
gated, and the " figures and superscriptions " of the coins
were established. 13y Art. 2 of the Transitory Articles it
is provided: While they are still in circulation, the gold
coins heretofore issued shall be accepted by the public offices
and by private persons at the following rates in the new
coinage: $20.00 gold as equal to $39.48; $10.00 gold as
equal to $19.74; $5.00 gold as equal to $9.87; $2.50 gold
as equal to $4.93, and the $1.00 gold as equal to $1.97.
(Arts. 27-32; Trans. 1-2.)
Art. 1121. Value of "Peso" in Foreign Moneys. The
equivalence of the Mexican Peso with the gold moneys of the
several foreign countries which have established the Gold
Standard, is, by Decree of 24 May, 1905, as fixed by the fol-
lowing :
T98
COMPENDIUM OF MEXICAN LAW.
TABLE OF EQUIVALENT VALUES OF "PESO."
COUNTRY.
Argentina
Austria-Hungary
Belgium
Brazil
Bulgaria
Canada
Chile
Colombia
Costa Rica
Denmark
Ecuador
England
Egypt
Finland
France
Germany
Greece
Hayti
Holland
Honduras, British.
India
Italy
Japan
Liberia
Monaco
Newfoundland
Norway
1'anama
Peru
Philippine Islands
Portugal
Russia
Houmania
Servia
Spain
Sweden
Switzerland
Turkish Empire
I'nitcd States
Uruguay
Venezuela
VALUE OF MEXICAN
" PESO " IX FOREIGN
MONEY
0.516
2.45
2.58
0.912
2.58
0.498
1.3G
0.498
1.07
1.80
1.02
24.58
24.24
2.58
2.58
2.09
2.58
0.510
1.23
0.498
1.53
2.58
1.00
0.498
2.58
0.491
1.86
0.498
1.02
0.990
0.401
0.907
2.58
2.58
2.58
l.SG
2.58
11.30
0.498
0.481
2.58
Pesos.
Kroner.
Francs.
Milreis.
Levas.
Dollars.
Pesos.
Dollars.
Colones.
Kroner.
Sucres.
Pence.
Pence.
Marks.
Francs.
Marks.
Dracmas.
Gourdes.
Florins.
Dollars.
Rupees.
Lire.
Yen.
Dollars.
Francs.
Dollars.
Kroner.
Balboas.
Soles.
Pesos.
.Milreis.
Rubles.
Leus.
Dinares.
Pesetas.
Kroner.
Francs.
Piastres.
Dollars.
Pesos.
Bolivares.
TABLES OF WEIGHTS A!N T D MEASURES. T'Ji)
CHAPTER 2
TABLES OF WEIGHTS, MEASURES AND EQUIVALENTS.
Art. 1122. Old Land Measures of the Mexican Republic.
1123. Old Land Measures of Length and Area.
1124. Rectilinear Measurements of Water.
1125. Measurements of Delivery of Water.
112G. Old Mexican, Metric and U. S. Units.
1127. Superficial or Square Measures.
1128. Cubic Measures.
1129. Dry Measures.
1130. Measures of Capacity.
1131. Hydrometric and Liquid Measures.
1132. Commercial Weights.
1133. Precious Metal Weights.
1134. Weights and Fineness of Coins.
1135. Some Practical Equivalents.
800
COMPENDIUM OF MEXICAN LAW.
Ift
.S S <N 10 Q 10
fc -H 01 <N
a
o t~ co
o oi o
AN REPUBLIC.
1!
s
oo 10 t^ o
l^ O CO
O O CO
o o o cc
o q, '^ M
i3
g
^ O
Ol >-i I-
!T1 O O
>1 1- O
iS (M O
t-T
CO
^H
s
o
Q
^rn
v^:
v n
X
c ij
^
o o o "
m
--=
c
<M Ol O
in i?s o
1C 10 O
l~
Cl
c;
c;
Ol
IQ
c
w
H
C
Ol
c
P
<;
H
O
CO
p
CO
h Equivalen
s
c
T:
L
c
7.
C
|
K
a
c
] 1 i-
~
-
r^ .
fft
-
r c
u
p
M
B
8
"S "S
c t c
I tf I
V
c
t: cs
[5o w
u
^C
-
z-
-*j
D
be
c
a
o
X
"c ^ tc oT
g JS (H
C" CS .
E o 3 55
-
OQ
Tr
^ [
**" w ^
^ ^
W H E
i=
C
u
C
U
. .Towns
I o i
5
*~.
~
g
o
a
-
c
"E
"s
s
'. > ^ B
^
P
6
E
' kS O ^
g
C
ed
,_
oi
: o S o 2 -2 J2 g
' T2 rt ^ c3 r^ fc- t-
: O g O a, .2 .2
' 5 cs ^o " n H
O ^ O ~ ^ ^- CiJ
I 2 - e>c
2 5-1
^
ScS _,
hn CS
i-5 _.
* - 1 - ~; t-
1 -J .2 -s .2 | t 5 | 5 1|
S .c
x O C S x
TABLES OF WEIGHTS AND MEASUKES.
80i
Art. 1123.
TABLE NO. 2.
OLD LAND MEASURES OF LENGTH AND AREA.
1 Legua 3 Milks = 100 Cordcles.
1 Milla = 5,000 pies = 0.88 mile =1.42 Kilometers.
1 Cordel=i50 Varas=12.5 Estadales.
1 Estadal = 4 Varas = 12 Pies = 3. 88 meters = 3.7 yards.
1 Aranzada = a square of 20 Estadales, or 400 square Estadales.
1 Fanegada = a square of 24 Estadales, or 576 square Estadales; it is
divided into 12 Celamines, which is divided into 2 halves and 4
quarters ; = .6434 hectare =1.59 acres.
1 Celamin = .0526 hectare = 0.13 acre.
Art. 1124.
TABLE NO. 3.
RECTILINEAR MEASUREMENTS OF WATER.
Measures
of Rectilinear
Volumes
<a 8, Width or Basis
2IJ3.E of the Volumes
5*" c expressed in
o a Dedos or
Pulgadas
Perpendicular
height ex- Areas of the Volumes
pressed in expressed in Sg't, De-
Dedos or dos or Sg'r, Pulgadas
Pulgadas
]
Buey or 48
Surcos
.Square 48 or 36
48 or 36 2394 or 1296
1
Surco or 3
Naranjas . .
.Rectan-
gular 8 or 6
6 or 4.5 48 or 27
1
Naranja or
8 Reales . .
. Rectan-
gular 8 or 6
2 or 1.5 16 or 9
1
Real or 18
Pajas ,
Rectan-
1
Paia .
gular 2 or 1.5
Square 01-3 or 0.25
1 or 0.75 2 or 1 1-8
01-3 or 0.25 01-9 or 01-16
51
802 COMPENDIUM OF MEXICAX LAW.
Art. 1125. TABLE NO. 4.1
MEASUREMENTS OF DELIVERY OF WATER. SETTING FORTH
THE DIAMETERS OF CIRCULAR APERTURES IN SQUARE
MEASUREMENT, AND THEIR AREAS OR SUPERFICIES.
Diameters of Circular Delivery Areas of Delivery
Volumes of Circular Delivery or wiclth of circular aperture through the aper-
cular Delivery jn square measurements ex- ture expressed in
pressed in Pulg-adas Square Pulgadas
40.50 1296
5.86 27
3.38 9
3.17 7 1
2.93 6J
2.66 5J
2.39 4J
2.07 3j{
1.69 2\
1.20 H
1.16 \h
1.13 1
1.09 OJj
1.05 OJ.
1.02 OJI
0.98
0.94 0\l
0.39 Oi-
0.85 0/V
0.80 O l .
0.75 Of 7 s
0.69 0|
0.63 0,\
0.56 0;
0.48 0-V
0.39 0}
0.28 O r V
1 Table No. 4 contains tlie dimensions of circular apertures, ex-
pressed in diameters, and may be used for the computation of public
and private springs, for this City (of Mexico). The municipal meas-
urement or toina is five pajus.
1 Buey or 4!
1 Surco or 3
1 Naranja or
7 Reales . .
3 Surcos . . .
Naranjas . .
8 Reales . .
6 Reales . . . .
5 Reales . .
4 Reales . . . .
3 Reales
2 Heales . . . .
1 Real or 18
17 Pajas . . . .
Pajas
16 Pajas . . .
15 Pajas . . . .
14 Pajas
13 Paias
12 Pajas .
1 1 Pajas
10 Pajas
9 Pajas . . . .
8 Pajas
7 Paias
6 Pajas
5 Pajas
4 Paias .
3 Paias
2 Pajas . . . ,
1 Paias . .
TABLES OF WEIGHTS AND MEASURES.
Art. 1126. TABLE NO. 5. LINEAR MEASURES.
TABLES OF EQUIVALENTS.
OLD MEXICAN, METRIC AND U. S. UNITS.
1 Vara (yard) =
3 pie's = 0.838 meters =
1 Legua (league) = 5,000 varas = 4.19 Kilometers = 2.604 miles.
\ 2.749 feet.
32.993 inches.
_ i 0.916 feet.
~ I 10.99 inches.
= 0.916 inches.
1 Linea (line) =0.00194 meters = 0.076 inches.
1 Palmo or cuarta =0.2095 meters = 0.687 feet.
1 Pie (foot) =12 pulgadas = 0.279 meters
1 Pulgada (inch) = 12 lineas =0.023 meters
B
1 Meter =1.1933 varas =39.37 inches.
1 Kilometer = .2387 leguas = .621 mile.
1 Millimeter = = 0.03937 inches.
1 Centimeter = = 0.3937 inches.
1 Decimeter = = 3.937 inches.
1 Mile =1.609 kilometers =1.14 milla.
1 Yard = 9:144 decimeters =0.916 vara.
1 Foot = 3.048 decimeters = 1.093 pi6s.
1 Inch =2.54 centimeters = 1.093 pulgadas.
D
Inches.
Feet. Yards.
Millimeter =
0.03937 =
0.003 = 0.001
Centimeter =
0.39371 =
0.032= 0.010
Decimeter =
8.93708 =
0.328= 0.109
Meter
39.37079 =
3.280 = 1.093
Kilometer =39,370.79 =3280.899 = 1093.633
804
COMPENDIUM OF MEXICAN LAW.
Art. 1127. TABLE NO. 6. SUPERFICIAL OR SQUARE
MEASURES.
1 square Legua =1755.61 Hectares =4339.4 Acres.
1 square Vara = 0.7022 Sq. meters = 7.559 Sq. feet.
1 square Pie = 0.078 Sq. meters = 0.839 Sq. feet.
1 square Palmo = 0.0438 Sq. meters = 68.0309 Sq. inches.
1 square Pulgada = 0.00054 Sq. meters = 0.84 Sq. inches.
B
1 square Meter = 1.424 sq. Varas = 10.00 sq. Feet.
1 Hectare =14240.065 sq. Varas = 2.471 Acres.
1 Are = 142.40 sq. Varas = 119.603 sq. Yards = 0.02 Acres.
1 Centare = 1.42 sq. Varas = 10.746 sq. Feet.
C
1 square inch =6.451 sq. centimeters.
1 square foot = .0929 sq. meter.
1 square yard = .8361 sq. meter.
1 acre = .4047 hectare.
1 square mile =2. 592 sq. kilometers.
Art. 1128.
TABLE XO.
CUBIC MEASURES.
1 cubic Vara = 0.5884 cu. meters = 0.7697 cu. yards.
1 cubic Pie" =0.0218 cu. meters =0.7095 cu. feet.
1 cubic Palmo =0.0092 cu. meters = 0.3246 cu. feet.
1 cubic Meter =1.699 cu. Varas =
Art. 1129.
TABLE XO. S. DRY MEASURES.
1 Carga = 2 Fanegas =181.629 Liters = 5. 154 Bushels.
1 Fanega = 12 Almudes = 90.814 Liters = 2.577 Bushels.
1 Almud = 4 Cuartillos= 7.597 Liters = 0.859 Pecks.
1 Cuartillo (quart) = 1.891 Liters = 1.718 Dry Quarts.
1 Liter .0055 Carga.
TABLES OF WEIGHTS AND MEASUEES.
805
Art. 1130. TABLE NO. 9. MEASURES OF CAPACITY.
A
(U. S.) (U. S.) (U. S.)
Cubic In. Cubic Ft. Dry Pts. Gallons. Bushels.
Milliliter 0.06103 0.000
Centiliter 0.61027 0.000
Deciliter 6.10271 0.003
Liter 61.02705 0.035
Hektoliter . ..6102.70515 3.531
0.0018 0.000 0.000
0.0182 0.002 0.000
0.1816 0.022 0.003
1.8162 0.227 0.028
181.6211
22.703
2.838
The liter is equivalent to 0.2642 gallons (U. S. ), or 1.0567 quarts
(U. S.), liquid measure.
B
The following are the equivalents of metric measures of capacity in
units of the Imperial or British measures of capacity:
1 Centiliter =0.070 gill.
1 Deciliter =0.176 pint,
1 Liter = 1.75980 pints.
1 Dekaliter =2.200 gallons.
1 Hectoliter = 2.75 bushels.
1 Gallon (American standard, or 231 cu. in.) = 3.785 liters.
1 Gallon (Imperial or English standard, 277.3 cu. in. )= 4.545 liters.
1 Bushel (American standard) =35.24 liters.
1 Bushel (English standard) =36.35 liters.
Art. 1131. TABLE XO. 10. HYDROMETRIC AND LIQUID
MEASURES.
1 Buey (Ox) =48 Surcos.
1 Surco (Furrow) = 3 Naranjas.
1 Naranja (Orange) = 8 Reales or Limones.
1 Real (Bit) or Limon ( Lemon )= 2 Dodos.
1 Dedo (Finger) = 9 Pajas (Straws).
806
COMPENDIUM OF MEXICAN LAW.
B
1 Cuartillo (for Oil) =0.506 Liters = 0.5348 U. S. Liq. Qts.
1 Cuartillo (for other liquids) =0.4502 Liters = 0.4821 U. S. Liq. Qts.
1 Jarra = 8.2127 Liters.
1 Liter =1.976 Cuartillos (oil).
1 Liter =2.192 Cuartillos (other liquids).
1 Galon (of 4 Azumbres or 8 cuartillas) =0.964 gallon.
Art. 1132. TABLE NO. 11. COMMERCIAL WEIGHTS.
A
1 Carga = 3 Quintales =138.0739 Kilograms = 304.332 U. S. Lbs. Avoir.
1 Quintal = 4 Arrobas = 46.0246 Kilograms = 101.444 U. S. Lbs. Avoir.
1 Arroba = 25 Libras = 11.5061 Kilograms = 25.361 U. S. Lbs. Avoir.
1 Libra (pound) =16
Onzas = 0.4602 Kilograms = 1.014 U. S. Lbs. Avoir.
1 Onza (ounce) = 16
Adarmes = 0.0287 Kilograms = 1.014 U. S. Oz. Avoir.
1 Adarme (dram) =
36 Granos = 0.0018 Kilograms = 0.063 U. S. Oz. Avoir.
1 Grano (Grain) . ...= 0.0499 Grammes = 0.771 Grains Avoir.
B
1 Kilogram = 2.1728 Libras = 2.204 Lb?. Avoir. = 2.f
1 Pound Avoir. = .453 Kilogram.
1 Ounce Avoir. = .028 Kilogram.
Lbs. Troy.
Art. 1133. TABLE NO. 12. PRECIOUS METAL WEIGHTS.
Grams. Oz. Troy.
1 Marco = 8 Onzas =230.123 = 8.1184
1 Onza = 8 Ochavas = 28.765=1.0148
10chava= 6 Tomines = 3.596 = 0.1268
Grains.
1 Tomln = 12 Granos = 0.599 = 9.2592
1 Grano = 0.049 = 0.7716
TABLES OF WEIGHTS AND MEASURES
807
Art. 1134. TABLE NO. 13. WEIGHT AND FINENESS OF
COINS.
Value.
( Pesos )
$10.00
5.00
1.00
0.50
0.20
0.10
0.05
0.02
Metal.
Gold
Gold
Silver
Silver
Silver
Silver
Nickel
Bronze
0.01 Bronze
Weights.
(Grains)
8.333y a
4.1G6y 3
27.073
12.500
5.000
2.500
5.000
6.000
3.000
Fineness. Tolerance in
(Parts) Weights (Grams)
"> finr. rrnlA f\ CI-~> ~
0.900 fine gold
0.100 copper
0.0027 pure silver
0.0973 copper
pure nickel
0.05 copper
0.04 tin
0.01 zinc
0.025
0.020
0.100
0.080
0.080
0.080
0.250
0.300
0.150
Art. 1135. TABLE NO. 14. SOME PRACTICAL
EQUIVALENTS.
For practical purposes, it will be found of use to bear in mind the
following table of approximate equivalents:
1 motor = 39 4 inches = 3 1-4 feet.
1 kilometer = 3-5 of a mile.
1 liter = 1 quart ( U. S. liquid measure).
1 litor = 1% pints (English liquid measure).
1 kilograme = 2 1 /- Ibs. Avoir.
1 grnmo ^= 15 VL' grains, Troy.
1 hectare = 2y 2 Acres.
1 square meter =10 square feet.
808 COMPENDIUM OF MEXICAN LAW.
BOOK XXII.
THE MEXICAN CUSTOMS TARIFF.
(Ordenanza General de Aduanas Maritimas y Fronterizas,
de 20 de Junio, 1905; with all Amendments to date.)
CHAPTER 1.
SCHEDULES OF IMPORT DUTIES. 1
Art. 1136. Animal Products.
1137. Vegetable Materials.
1138. Minerals.
1139. Crystals, Glass, Crockery, and Porcelain.
1140. Textiles and Manufactures thereof.
1141. Chemical and Pharmaceutical Products.
1142. Spirituous, Fermented, and Natural Beverages.
1143. Paper and Paper Products.
1144. Machinery and Apparatus.
1145. Vehicles.
1146. Arms and Explosives.
1147. Miscellaneous Articles.
Art. 1136. ANIMAL PRODUCTS.
oi jg Unit of Rate of
CLASSIFICATION. quantity. duty.
^ Pesos.
I. LIVE ANIMALS.
1 Live animals, not specified Free.
2 Geldings Each 45.00
3 Swine and sucking pigs (when in
cages the weight of the latter shall
be taken into consideration) .... 100 kilos 2.00
II. ANIMAL PKODUCE.
/I limcnlary.
4 Frosh moat of all kinds Kilo, net 10
1 5 Meat, fish, and shellfish, dried,
salted, smoked, or pickled Kilo, legal 15
i All rates are of course quoted in terms of the Mexican Peso.
SCHEDULES OF IMPOKT DUTIES. 809
Unit of Kate of
CLASSIFICATION. quantity. duty.
6 Fish and shellfish, fresh (even when
preserved on ice) .............. Kilo, gross ....... 03
For industrial purposes.
1 Animals prepared for collections of
natural history ................ Free.
2 8 Whalebones, raw, and quills without
feathers ...................... Free.
3 9 Flock wool ..................... 100 kilos, gross . . 2.00
4 10 Tortoise shells .................. Free.
5 11 Horsehair, bristles, and cow hair =Kilo, gross ....... 04
G 12 Horn, unwrought ................ Free.
7 13 Spermaceti in cakes ............. Kilo, legal ....... 15
8 14 Animal fats not specially men-
tioned ........................ Kilo, gross ....... 08
9 15 Bone, unwrought and grated or
powdered ..................... Free.
10 16 Wool, in fleece, unwashed and
shoddy ....................... Kilo, gross ....... 07
10 17 Wool in fleece, washed and scoured .Kilo, gross ....... 11
11 18 Wool, carded ................... Kilo, net ......... 14
12 19 Ivory, unwrought, grated or pow- Free.
dered .........................
13 20 Mother-of-pearl, unwrought, and
sawdust and waste of the same . . Free.
14 21 Hair, human ................... Kilo, net ........ 10.00
15 22 Goat and camel hair ............. Kilo, gross ....... 12
23 Beaver fur ..................... Kilo, legal ...... 3.00
1C 24 Hair of the vicuna, rabbit, hare,
muskrat, and the like .......... Kilo, legal ...... 2.00
25 Pearls, unset ................. . . Kilo, net ........ 100.00
17 20 Beaver skins, with fur, untanned . .Kilo, gross ....... 30
17 27 Skins of vicuna, rabbit, hare, musk-
rat, and the like, with hair un-
tanned ....................... Kilo, gross ....... 22
17 28 Hides, untanned, not specially men-
tioned ........................ 100 kilos gross . . 3.50
18 29 Feathers, ornamental ............. Kilo, legal ...... 3.50
30 Feathers and down, for beds, not
specially mentioned ............ Kilo, legal ....... 90
For medicinal purposes.
19 31 Musk ........................... Kilo, legal ...... 6.50
32 Cantharides ..................... Kilo, legal ....... 60
20 33 Castoreum ...................... Kilo, legal ...... 2.25
810 COMPENDIUM OF MEXICAX LAW.
<r.
o
O
fc
te
I**
CLASSIFICATION.
III. ANIMAL PRODUCE.
c
Unit of
[uantity.
Rate of
duty.
Pesos.
Alimentary.
21
34
Animal foods, preserved
Kilo,
legal . . .
.18
35
Eggs, fresh
Free.
36
Milk, fresh
Free.
22
37
Lard
Kilo,
gross . . .
.12
38
Butter
Kilo,
legal ...
.25
39
Honey
Kilo
gross . . .
.00
40
Cheese of all kinds
Kilo
legal . . .
.15
For industrial purposes.
23
41
Oils, animal, not specially men-
tioned, in glass vessels
Kilo
legal . . .
.14
23
42
Oils, animal, not specially men-
tioned, in cans or wooden vessels .
Kilo,
gross . . .
.12
23
43
Oils, animal, not specially men-
tioned, in tank cars and tank
ships
Kilo
net
.15
24
44
Albumen, from eggs or blood
Kilo,
legal ...
.05
34
45
Charcoal, animal
Free.
46
\Yax, animal
Kilo,
net
.55
25
47
Glue
Kilo,
gross . . .
.05
26
48
Coral, unwrought or powdered
Free.
27
49
Sponges, fine
Kilo
legal . . .
. . . 2.50
28
50
Sponges, common
Kilo,
legal . . .
.50
29
51
Stearin in cakes
Kilo,
gross . . .
.11
30
52
Glycerine
Free.
31
53
Gelatine (grenelina) and ichthyo-
colla
Kilo,
legal ...
.12
32
54
Guano
Free.
33
55
Silk, raw, of all kinds
Kilo
net
... 1.10
For medicinal purposes.
35
56
Cod-liver oil in glass vessels
Kilo
legal . . .
.14
35
57
Cod-liver oil in cans or in wooden
vessels
Kilo
gross . . .
.12
58
Bacteriological cultures, vaccine,
and serum for hypodermic injec-
tions
Free.
IV. INDUSTRIAL PRODUCTS & MAN-
UFACTURES.
Articles of fur ami leather.
36 ">') Articles of leather not specially men-
tioned . . . Kilo, legal 2.00
SCHEDULES OF IMPORT DUTIES. 811
oj ft- Unit of Rate of
-g 't.o CLASSIFICATION. quantity. duty.
^ Pesos.
37 60 Leather belting for machinery .... Kilo, gross 55
61 Cowhair belting for machinery . . . .Kilo, gross 11
38 62 Calfskins, patent leather, kid, cham-
ois, and other common prepared
skins not specially mentioned . . . Kilo, legal 1.00
63 Leather gloves, plain or embroidered,
without lining Kilo, legal 6.00
64 Leather gloves, plain or embroidered,
lined Kilo, legal 3.00
39 65 Leather gloves, lined or unlined,
with strengthened wrists Kilo, legal 1.50
40 66 Manufactures of tanned skins cov-
ered with fine furs Kilo, legal 4.50
40 67 Tanned skins covered with fine fur . Kilo, legal 2.25
38- 68 Sole' leather Kilo, legal 1.00
Foot-wear.
41 69 Slippers of all kinds up to 12 centi-
metres sole length, of leather or
other material, not combined with
silk, even though ornamented or
embroidered with silk or base
metal Pair 30
41 70 Slippers and shoes of leather or
other material, not combined with
silk, even though ornamented or
embroidered with silk or metal of
inferior quality, from 12 to 20
centimetres in length Pair 40
47 71 Slippers and shoes of leather or
other material, not combined with
silk, even though ornamented or
embroidered with silk or metal of
inferior quality, of more than 20
centimetres in length Pair 00
41 72 Leather boots, for men Pair 3.00
41 73 High and low shoes, up to 12 centi-
metres in length, of leather or
cloth of all kinds and materials,
provided they do not contain
precious metal Pair 70
41 74 High and low shoes, over 12 and up
to 20 centimetres in length, of
leather or cloth of all kinds or
materials, provided they are not
combined with fine metal Pair 1.15
812 COMPENDIUM OF MEXICAN LAW.
uj ?c Unit of Rate of
CLASSIFICATIOX. quantity. duty.
Jz; ^H Pesos.
41 75 High and low shoes, over 20 centi-
metres in length, of leather or
cloth of all kinds of materials,
provided they are not combined
with fine metal Pair 1.75
Miscellaneous Articles.
76 Fans with mounting or ribs of horn
or bone Kilo, legal 1.40
77 Fans of tortoise shell, mother-of-
pearl or ivory, not combined with
precious metal Each 3.00
78 Fans of tortoise shell, mother-of-
pearl or ivory, with gold, silver,
or platinum ornaments or at-
tachments Each G.OO
79 Manufactures of whalebone, horn or
bone, not specially mentioned . . . Kilo, legal 43
42 80 Manufactures of tortoise shell, coral,
ivory, or mother-of-pearl, not spe-
cially mentioned Kilo, legal 2.00
81 Articles or manufactures of human
hair Kilo, net 15.00
82 Wax candles or tapers Kilo, gross 70
83 Candles or tapers of spermaceti,
stearin, and of pressed or un-
pressed tallow Kilo, gross 20
Art. 1137. VEGETABLE MATERIALS.
I. TEXTILE FIBRES.
84 Cotton, raw, unginned 100 kilos, gross . . . 3.30
43 85 Cotton, ginned 100 kilos, gross . . . 7.70
44 80 Cotton, carded Kilo, legal 22
45 87 Cotton waste 100 kilos, gross . . . 2.20
88 Hemp, flax, ramie, and other vege-
table fibres, not specially men-
tioned, raw or hackled 100 kilos, gross . . .
80 Artificial silk or " artiscla," raw, of
all kinds Kilo, net
90 Jute, Abaca or Manila hemp, pita,
ixtle, si>al hemp, and Now Zea-
land fibre (Phormium tenax) raw
or combed . 100 kilos, jrross . ,55
SCHEDULES OF IMPOKT DUTIES. 813
oj 5c Unit of Rate of
'C K o CLASSIFICATION. quantity. duty.
Jz; H Pesos.
II. FRUITS AND CEREALS.
Alimentary.
46 91 Caraway seed and green aniseed, al-
monds, sweet or bitter, shelled ;
cocoa and pepper of all kinds .... Kilo, net 30
92 Almonds, sweet or bitter, in the
shell Kilo, net 15
93 Rice Kilo, gross 08
94 Oats in the grain, and mashed bar-
ley 100 kilos, gross . . . 1.50
95 Coffee in the bean, husked or not . .Kilo, net 10
96 Cinnamon of all kinds, cassia and
vanilla Kilo, net 1.10
96A Malt Kilo, gross 05
97 Cloves- Kilo, net 70
47 98 Fruits, dried, not specially men-
tioned Kilo, gross 10
99 Fruits, pickled Kilo, gross 07
100 Fruits, in their juice, in syrup, and
in spirits Kilo, legal 80
48 101 Fruits, garden produce, vegetables,
and tubers, fresh, not specially
mentioned Kilo, gross 03
49 102 Fruits, garden produce, vegetables,
and tubers, preserved, not spe-
cially mentioned Kilo, legal 18
103 Corn 100 kilos, gross .. .80
103A Pressed grapes, for making wines . . Kilo, gross 0.">
104 Alimentary seeds and grains, not
specially mentioned Kilo, gross 13
For medicinal purposes.
50 105 Medicinal seeds and berries Kilo, legal 10
106 Medicinal seeds and berries, ground,
grated, or in pulp Kilo, legal 20
For industrial purposes.
107 Oleaginous seeds and fruits, not spe-
cially mentioned Kilo, gross 01
Live plants and seeds.
108 Live plants, moss, natural flowers,
seeds for horticultural and agri-
cultural purposes, of all kinds,
when the latter are imported with
the previous consent of the Treas-
ury Department Free.
814: COMPENDIUM OF MEXICAN LAW.
; jj. Unit of Rate of
CLASSIFICATION. quantity. duty.
^ ^ 1'csos.
III. MISCELLANEOUS VEGETABLE
MATERIALS.
109 Saffron Kilo, net 2.20
110 Cane for furniture Kilo, legal 10
51 111 Cork, rough, in sheet, or ground . . . Free.
51 112 Cork, cut in tubes, for the manufac-
ture of stoppers Kilo, gross 17
113 Cork, in sheets and stoppers Kilo, legal 55
52 114 Vegetable hair, straw of Guinea-
corn, or millet Kilo, gross 02
53 115 Firewood, wood shavings, and fod-
der Free.
1 1C Hops Free.
54 117 Medicinal roots, barks, flowers,
herbs, and leaves Kilo, legal 10
118 Medicinal roots, barks, flowers,
herbs and leaves, ground, grated,
or in pulp Kilo, legal
119 Virginia leaf tobacco Kilo, net
55 120 Leaf tobacco, filler, not specially
mentioned Kilo, net 80
55 121 Leaf tobacco, wrapper, not specially
mentioned Kilo, net 2.50
122 Tea Kilo, net 55
IV. -VARIOUS VEGETABLE PROD-
UCTS.
Alimentary.
123 Olive oil in jars or cans Kilo, net 17
124 Olive oil in glass vessels Kilo, net 22
125 Sugar, unrefined, rock candy, and
refined sugar of all kinds Kilo, gross 05
120 Cnfl'ce, roasted in the bean or
ground, not specially mentioned . Kilo, legal 05
50 127 Preserves, sweetmeats, and choco-
late Kilo, legal SO
1 28 Potato meal Kilo, gross 03
5> 129 P<i<euits of all kinds Kilo, gross 16
57 130 Flour of wheat and other cereals,
and meal not specially mon-
1 ionod Kilo, legal 10
59 131 Molasses of sugar cane or glucose,
SCHEDULES OF IMPOitT DUTIES. 815
v 5{- quantity. duty.
-2> ' o CLASSIFICATION-. Unit of Kate of
ft ^ ^ I'csos.
and sugared preparations for col-
ouring wines, liquors, &c 100 kilos, gross . . 2.50
57 132 Alimentary pastes of flour Kilo, gross 12
Medicinal.
GO 13.'! Fixed oils for medicinal use, not
specially mentioned Kilo, legal 22
01 134 Gums, resins, and natural balsams,
not specially mentioned Kilo, legal 12
62 135 Opium and its extracts Kilo, legal 3.50
For industrial purposes.
60 136 Oil, of cocoanut, linseed, corn, and
cottonseed, in tank ships or tank
cars 100 kilos, net .... 5.50
60 137 Oil, of. cocoanut, linseed, corn, and
cottonseed, in drums or cans . . . .Kilo, gross 05
60 138 Oils, fixed, for industrial uses, not
specially mentioned Kilo, legal 22
63 13!) Oils, essential, not specially men-
tioned Kilo, legal 2.20
64 140 Oil of turpentine, and turpentine . . Kilo, legal 10
141 Vegetable tar, and common rosin or
colophony Kilo, gross 05
65 142 Charcoal Free.
66 143 Vegetable wax Kilo, net 25
61 144 (Jinn arable, copal, damar, pounce
or sandarac, lac, Senegal, and
tragacanth Kilo, legal 12
67 145 Tannin Kilo, legal 10
68 146 Wood, ordinary, for building pur-
poses, worked into blocks, beams,
planks, and ordinary boards .... Free.
60 147 Wood. wrought into dovetailed
boards 100 kilos, gross . . .10
70 148 Wood, fine, sawn into blocks, beams,
planks, and boards 100 kilos, gross . . 2.20
149 Wood and barks for dyeing and tan-
ning, even though they be pulver-
ized Kilo, gross 05
71 150 Wood, fitted for carriage bodies . . . 100 kilos, gross . . 2.20
151 Wood, common, sawn into sheets or
veneer 100 kilos, gross . 1.10
816 COMPENDIUM Otf MEXICAN LAW.
o: fc Unit of Rate of
CLASSIFICATION. quantity. duty.
H ^ ^esos.
VI. MANUFACTURES OF VEGETABLE
MATERIALS.
Wood.
72 132 Articles of common wood, roughly
wrought, not specially mentioned . Kilo, gross 06
72 153 Articles of common wood, when the
weight of each exceeds 1 kilo, not
specially mentioned Kilo, legal 15
72 154 Articles of fine or common wood,
veneered with fine wood, not spe-
cially mentioned, when the weight
of each exceeds 1 kilo Kilo, legal 35
72 155 Articles of all kinds of wood, not
specially mentioned, gilded or in-
laid or with ornaments of any ma-
terial except precious metal Kilo, legal 70
72 156 Articles of all kinds of wood, not
specially mentioned, when the
weight of each does not exceed 1
kilo Kilo, legal 45
157 Barrels, casks, and kegs, of wood,
fitted together or not, of more
than 15 litres capacity Free.
158 Cases of common wood for packing
purposes, fitted together or not . . Free.
Furniture.
73 159 Furniture, of common wood, without
upholstery, inlaid work, orna-
ments of metal or cloth, contain-
ing silk Kilo, legal 20
73 100 Furniture of common wood, uphol-
stered, without inlaid work, orna-
ments of metal or cloth contain-
ing silk Kilo, legal 30
73 161 Furniture of fine or common wood,
veneered with fine wood, without
ornaments of metal, inlaid work,
upholstery, or cloth containing
silk Kilo, legal 35
73 162 Furniture, of fine or common wood,
veneered with fine wood, uphol-
stered, without ornaments of
metal, inlaid work, or cloth con-
taining silk Kilo, legal .45
SCHEDULES OF IMPORT DUTIES. 817
ro fa Unit of Rate of
-g 'C H d CLASSIFICATION-. quantity. duty.
Jzj H ^ Pesos.
73 163 Furniture, of wood of all kinds, gilt,
or with inlaid work or ornaments
other than of precious metal, or
with cloth containing silk Kilo, legal 70
Articles of various vegetable mate-
rials.
164 Sandals of cloth, with soles of es-
parto or hemp, up to 20 centime-
tres in length Pair 16
165 Sandals of cloth, with soles of es-
parto or hemp, of more than 20
centimetres in length Pair 25
166 Articles of straw, cane, or rushes,
not .specially mentioned Kilo, legal 45
167 Articles of amber, not specially men-
tioned Kilo, legal 2.00
168 Cordage, of cotton, aloe, hemp, and
other similar fibres, measuring 3
centimetres or more in diameter . Kilo, gross 09
134 169 Sacks made of jute, pita, ixtle, hen-
cquen, or hemp, enumerated in
No. 382 Kilo, gross 22
134 169A Same, enumerated in Xo. 382a ...Kilo, bonto 0.18
134 1G9B Same, enumerated in No. 382b ....Kilo, bonto 0.13
134 169c Same, enumerated in No. 382c ....
Will pay the rate on the weight of
the cloth, as in Nos. 169, 169a,
and 169b, plus 20 %
170 Straw wrappers for bottles Kilo, gross 03
171 Brooms and brushes of heather or
millet Kilo, legal
172 Mats of esparto or palm Square metre ....
74 173 Rope and cordage up to 1 centi-
metre in diameter Kilo, legal 14
74 174 Rope and cordage of more than 1
and less than 3 centimetres in
diameter Kilo, gross 09
175 Cotton wicks for lamps Kilo, legal 33
176 Tobacco, in cakes, for chewing . . . .Kilo, legal 1.10
177 Tobacco, sifted or cut in shreds, for
cigarettes Kilo, legal 1.70
178 Tobacco in powder or snuff Kilo, legal 3.30
179 Cigarettes of tobacco Kilo, legal 2.20
52
818 COMPENDIUM OF MEXICAN LAW.
s
'C o CLASSIFICATION.
*
180 Cigars
Unit of
quantity.
, Kilo, net . . .
Rate of
duty.
Pesos.
1 70
180A Braids of straw for making hats .
. Kilo, lesral
.20
Art. 1138. MINERALS.
I. METALS.
GOLD, SILVER, AND PLATINUM.
Ores and metals.
5 181 Gold, silver, and platinum ores, or
in ingots or dust Free.
Manufactured articles.
G 182 Wire, purl, and other wire-drawn
articles of silver, gilded or not . .Kilo, net 11.00
183 Jewelry, and all kinds of articles
of gold or platinum, or of both
metals, combined, with pearls or
precious stones Kilo, net 100.00
184 Jewelry, and all kinds of articles
of gold or platinum, or of both
metals, combined, without pearls
or precious stones Kilo, net 55.00
185 Jewelry, and all kinds of articles
of silver or of silver and gold,
combined, with pearls or precious
stones Kilo, net GO. 00
180 Jewelry, and all kinds of articles
of silver, or of silver and gold,
combined, without pearls or pre-
cious stones Kilo, net 12.00
187 Crucibles of platinum Free.
188 Diamonds, emeralds, rubies, sap-
phires, and other precious stones,
with or without settings of any
material other than of precious
metal Kilo, net
7 189 Walloons and tissues of silver up to
15 centimetres in widtli Kilo, net
7 190 Walloons and tissues of gilt silver
up to 15 centimetres in width . . . Kilo, net 18.00
I'll Foreign gold or silver currency ... Free.
192 Mexican silver coin, in pieces of 1
peso, when imported in amounts
exceeding 5 pesos Kilo, gro-s ....
SCHEDULES OF IMPORT DUTIES. 819
IB Unit of Rate of
'C o CLASSIFICATION. quantity. duty.
193 Gold beaten into leaves, for gilding . Kilo, legal ...... 18.00
194 Silver beaten into leaves, for silver-
ing ........................... Kilo, legal ...... 2.50
COPPEU AND ITS ALLOYS.
Ores and metals.
195 Bronze, brass, and white metal, in
pigs or granulated ............ Kilo, gross ....... 05
196 Copper, in pigs or granulated, cop-
per ores in natural state, and
copper matte .................. Free.
78 197 Copper, brass, bronze, and white
metal, in bars ................ Kilo, gross ....... 13
79 198 Copper, - brass, bronze, and white
metal, in plates, sheets, or tubes .Kilo, gross ....... 17
Manufactured articles.
80 199 Wire of copper, brass, bronze, or
white metal, covered with any
material ..................... Kilo, gross ....... 10
200 Wire of copper, brass, bronze, or
white metal, not covered with any
material, up to 2 millimetres in
diameter ..................... Kilo, gross ....... 10
201 Wire of copper, brass, bronze, or
white metal, not covered with any
material, of more than 2 milli-
metres in diameter ............ Kilo, gross ....... 00
202 Wire, spangles, thread, and tinsel
of common metal, gilt or sil-
vered ........................ Kilo, legal ...... 1.10
203 Articles of copper, brass, bronze, or
white metal, not specially men-
tioned ....................... Kilo, legal ....... 50
204 Articles of copper, brass, bronze,
and white metal, not specially
mentioned, when the weight of
each article exceeds 10 <ulos .... Kilo, legal ....... 22
205 Articles of copper, brass, bronze, or
of any other common metal, gilt
or silvered, when the weight of
each article does not exceed 10
kilogrammes .................. Kilo, legal ...... 1.80
206 Articles of copper, brass, bronze, or
820 COMPENDIUM OF MEXICAN LAW.
^ jj. Unit of Kate of
'E o CLASSIFICATION. quantity. duty.
j| fc Pesos,
of any other common metal, gilt
or silvered, when the weight of
each article exceeds 10 kilo-
grammes Kilo, legal 50
207 Cable, without sheath, of brass,
bronze, or white metal, covered
with any material, and cable un-
covered, cylindrical or flat, of the
same metals and of different
diameters Kilo, gross 06
81 208 Cables with metallic sheaths and
covered with any insulating sub-
stance Free.
209 Purl, tinsel, and other drawn prod-
ucts, not specially mentioned, of
common metal, not gilt or sil-
vered Kilo, legal 1.00
210 Purl, tinsel, and other drawn prod-
ucts, not specially mentioned, of
common metal, gilt or silvered . Kilo, legal 2.20
82 211 Galloons and gauze of common
metal, not gilt or silvered, up to
15 centimetres in width Kilo, legal 3.00
82 212 Galloons and gauze of common
metal, gilt or silvered, up to 15
centimetres in width Kilo, legal 4.00
83 213 Jewelery or jewels of any common
metal, not gilt or silvered Kilo, legal 80
83 214 Jewelery or jewels of any common
metal, gilt or silvered Kilo, legal 2.00
84 215 Tinsel and enamel, in leaves or
cut Kilo, legal 1.10
85 216 Bronzing powder Kilo, legal 00
TIN, LEAD, AND ZINC.
Ores and metals.
217 Tin in bars and granulated Kilo, legal 10
86 218 Ingots of alloys of lead and anti-
mony, for casting printing type . Free.
21!) Tin. lead, or zinc ores Free.
220 Lead in bars. pigs, or ingots Kilo, gross 04
221 Zinc in ingots, filings, grains, and
wire Free.
SCHEDULES OF IMPORT DUTIES. 821
; 5j- Unit of Rate of
-2 'C d CLASSIFICATION. quantity. duty.
g g* Pesos.
Manufactured articles.
87 222 Articles of tin, zinc, and of zinc,
lead, and tin alloys, not specially
mentioned Kilo, legal 0.30
223 Articles of lead, not specially men-
tioned Kilo, legal 10
224 Lead in sheets, in tubes or piping,
and lead used by glaziers Kilo, gross 06
225 Zinc in sheets of 1 metre in width
by 2.25 in length and 1 milli-
metre in thickness, when im-
ported in such conditions that it
can only be used for treating
ores , Free.
226 Zinc in sheets, not specially men-
tioned Kilo, gross 08
IRON AND STEEL.
Ores.
227 Iron ores Free.
Construction and mining materials.
228 Steel in bars, round, square, flat,
channel, in an octagonal or hex-
agonal section, or cruciform .... 100 kilos, gross . . 5.50
88 229 Iron or steel wire of more than 1
millimetre in diameter 100 kilos, gross . . 5.50
88 230 Iron or steel wire 1 millimetre in
diameter or less Kilo, gross 09
89 231 Iron wire for fences, and hoops of
iron w r ith their rivets, for pack-
ing purposes 100 kilos, gross . . 2.50
90 232 Ploughs and loose parts or pieces
thereof, spades, scythes, and other
agricultural and grading tools . . 100 kilos, gross . . 1.65
233 Iron barrels, empty 100 kilos, gross . . 3.30
234 Iron or steel wire cables 100 kilos, gross .. 1.10
235 Iron piping up to 15 centimetres
interior diameter, even tinned . . 100 kilos, gross . . 2.50
236 Iron tubing of more than 15 centi-
metres interior diameter, even
tinned Kilo, gross 01
237 Iron piping coated with bronze.
brass, copper, or white metal . . . Kilo, gross 06
822 COMPENDIUM OF MEXICAN LAW.
x sj; Unit of Rate of
- 'Ed CLASSIFICATION. quantity. duty.
ft '** . Pesos.
91 238 For ro- manganese, containing 25 per
cent, or more of manganese .... 100 kilos, gross . . 1.50
92 239 Iron in ingots of first fusion or in
filings or scrap Kilo, gross 02
92 240 Iron, roughly wrought (bar) in in-
gots, and steel in ingots 100 kilos, gross . . 2.50
93 241 Iron, round, square, flat, channel,
angle, and T shaped Kilo, gross 06
93 242 Hoop iron Kilo, gross 08
243 Iron or steel in sheets, plain, not
specially mentioned, also corru-
gated and in tiles for roofs, even
when painted or galvanized .... 100 kilos, gross . . 6.60
244 Tin plate, neither painted nor
stamped, in sheets up to 55 cen-
timetres in length by 40 in
width 100 kilos, gross . . 1.10
245 Tin plate in sheets, not special \\
mentioned, stamped, painted or
varnished Kilo, gro.-s 08
246 Steel springs for cars and car-
riages Kilo, gross 11
247 Posts, crossbars, and pegs of iron
or steel for overhead electrical
conductors Kilo, gross 03
248 Rails of iron or steel for railroads,
weighing more than 10 kilos per
linear metre Kilo, gross 02
249 Rails of iron or steel for railroads
when the weight per linear metre
does not exceed 10 kilogrammes,
needles, discs, sleepers, frogs,
bolts, and attachments for fixing
vails Kilo, gross 01
94 250 Beams and joists of iron or steel,
when not specially perforated or
slotted Kilo, gross 03
94 251 Beams, joists, and columns of iron
or steel, when specially perfor-
ated or slotted ; frames, brackets,
base plates for columns, butt or
connecting plates, braces or tie
beams, witli or without nuts, and
other parts, not specially men-
tioned, of iron or steel, for con-
struction purposes Kilo, gross 04
SCHEDULES OF IJMPOliT DUTIES. 823
IK SB Unit of Rate of
CLASSIFICATION. quantity. duty.
fe H A Pesos.
Articles of iron or steel.
252 Iron or steel wire covered with cot-
ton, linen, wool, silk, or paper. .. Kilo, legal 14
d253 Articles, not specially mentioned, of
iron or steel, tin plate, of iron
tinned, nickelled, covered with
copper or brass, painted or gal-
vanized with zinc, wholly or in
part, when the weight of each ar-
ticle exceeds 10 kilogrammes ...Kilo, legal 12
d254. Articles, not specially mentioned, of
iron or steel, tin plate, of iron
tinned, nickelled, covered with
copper or brass, painted or gal-
va'nized with zinc, wholly or in
part, when the weight of each
article does not exceed 10 kilo-
grammes Kilo, legal 22
255 Articles of iron, enamelled, not spe-
cially mentioned Kilo, legal 30
95 256 Chains of iron, when the thickness
of the links is not less than Xo.
5 Birmingham gauge Kilo, legal 11
96 257 Nails, tacks, screws, bolts, nuts, and
rivets of iron or steel, not spe-
cially mentioned Kilo, legal 12
258 Stoves of iron for cooking or heat-
ing purposes, not specially men-
tioned Kilo, gross 08
97 259 Iron or steel rods covered Kilo, legal 22
Other metals.
2GO Aluminium, in powder or bars Kilo, legal GO
201 Antimony, arsenic, cadmium, mag-
nesium, and nickel Kilo, legal 150
262 Mercury Free.
263 Metals not specially mentioned . . . Kilo, legal 1.00
II. STOXES Axn EARTHS.
98 264 Asbestos in fibres or powder, emery
in powder or lumps, marble or
alabaster, rough or in powder,
pumice stone and lava, un-
wrought, gypsum and stucco . . . .Kilo, gross 01
824: COMPENDIUM OF MEXICAN LAW.
; {_. Unit of Rate of
-2 'Co (CLASSIFICATION. quantity. duty.
j| ^ ^ Pesos.
99 205 Clay, sand or moulding sand, fire-
clay, rotten stone, and tripoli . . Free.
100 206 Jet, umvrought Kilo, legal 25
101 267 Sulphur Free.
102 268 Common and hydraulic lime, Roman
or Portland cement, and carbon-
ate of lime, or Spanish white.... 100 kilos, gross .. .55
209 Coal Free.
102 270 Carbonates of magnesia, of barytcs,
of strontia, and peroxide of man-
ganese 100 kilos, gross . . 3.30
103 271 Spar Kilo, gross 10
272 Marble and alabaster, sawn in
slabs, not polished Kilo, gross 0.05
273 Mineral stone of all kinds Free.
104 274 Black plumbago Kilo, gross 06
105 275 Talc Kilo, legal 04
Mineral products.
106 276 Mineral oil. not refined 100 kilos, net 3.30
107 277 Mineral oil, refined, benzine, min-
eral wax, and parafine Kilo, legal 09
108 278 Coal tar and asphalt Kilo, gross 04
279 Coke Free.
109 280 Vaseline Kilo, gross 11
Manufactured articles.
110 281 Paving stones and slabs Free.
282 Articles of alabaster or marble, not
specially mentioned, when the
weight of each does not exceed 50
kilos Kilo, gross 30
283 Articles of alabaster or marble, not
specially mentioned, when the
weight of each exceeds 50 kilos. .Kilo, gross 18
284 Articles of clay, cement, and lava,
not specially mentioned Kilo, gross 05
285 Articles of gypsum or stucco, not
specially mentioned Kilo, gross 15
286 Articles of agate, jot, and meer-
schaum, not specified Kilo, legal 2.00
111 287 Ceramic tiles (Dutch tiles), with
mouldings Kilo, gross 06
111 288 Ceramic tiles (Dutch tiles), not
specially mentioned Per 1.000 8.00
SCHEDULES OF IMPORT DUTIES. 825
aj se Unit of Rate of
-2 CLASSIFICATION. quantity. duty.
Jz; EH Pesos.
289 Paraffin candles Kilo, gross 20
290 Crayons and chalk Kilo, legal 15
112 291 Bricks, slabs, tiles, ridge tiles, ven-
tilators, and tubes of clay Per 1,000 2.75
292 Pencils of all kinds Kilo, legal 15
293 Sand or emery, on paper or cloth . .Kilo, legal 08
294 Slabs of cement, or artificial stone,
even with coloured designs Kilo, gross 01
295 Marble slabs for floors 100 kilos, gross . . 1.60
296 Marble slabs for furniture, and
slabs with polished or moulded
edges Kilo, gross 15
113 297 Mosaics of artificial stone for floor-
ing Kilo, gross 02
29.8 Millstones Free.
299 Slates in slabs, polished on both
surfaces Kilo, gross 17
300 Slates for roofing Kilo, gross 01
301 Slates for schools, even though
framed and with slate pencils ..Kilo, gross 10
Art. 1139. CRYSTALS, GLASS, CROCKERY,
AND PORCELAIN.
302 Insulators of glass, china, and por-
celain Kilo, gross 01
114 303 Bottles of common glass, without
stoppers of the same material,
used generally for bottling wines,
brandies, liqueurs, and beers . . . 100 kilos, gross . . 2.20
114 304 Bottles or flasks of common glass,
without stoppers of the same ma-
terial, for bottling special liquids,
provided that the glass be indeli-
bly stamped with some distinctive
mark indicative of the exclusive
use of the receptacle Kilo, gross 06
305 Demijohns or carboys Kilo, gross 04
306 Mirrors with frames of brass, zinc,
tin plate, white metal, wood, or
pasteboard, the glass part of
which in its greatest visible
length measures up to 75 centi-
metres . . Kilo, gross . .22
826 COMPENDIUM OF MEXICAN LAW.
,f. te Unit of Rate of
-5 'Co CLASSIFICATION. quantity. duty.
^ Pesos.
307 Mirrors with frames of celluloid,
gutta-percha, or covered with
cloth not combined with silk, the
glass part of which in its great-
est visible length measures up to
75 centimetres Kilo, gross 30
308 Mirrors with frames of crystals, or
covered with leather or cloth com-
bined with silk, and those orna-
mented with artificial nowers or
feathers, the glass part of which
in its greatest visible length
measures up to 75 centimetres ..Kilo, gross 45
309 Mirrors with frames of any mate-
rial, except precious metal, the
glass part of which in its great-
est visible length measures more
than 75 centimetres Kilo, gross GO
310 Mirrors without frames, up to 75
centimeters in their greatest
length Kilo, gross 22
311 Mirrors without frames, the great-
est length of which exceeds 75
centimetres Kilo, gross 40
312 Flasks, jars, and vessels of common
clay, for bottling industrial prod
ucts Kilo, gross 01
313 Flasks of glass, covered with
leather, cane, cloth, gutta-percha,
or common metal Kilo, legal 60
314 Spectacles of all kinds, with handles
or frames other than precious
metal Kilo, legal 1.00
315 Faience and porcelain in articles not
specially mentioned Kilo, gross 24
115 310 Glass and crystal in wares not spe-
cially mentioned Kilo, gross 22
115 317 Glass and crystal in wares, cut or
engraved, not specially men-
tioned Kilo, gross 30
115 318 Glass and crystal in wares, not spe-
cially mentioned, with gold, sil-
ver, or coloured ornaments Kilo, gross 40
310 Glass, crystal, china ware, and por-
SCHEDULES OF IMPORT DUTIES. 827
; jj- Unit of Rate of
CLASSIFICATION. quantity. duty.
* Peso*.
celain, figured, in articles not spe-
cially mentioned, with mountings
or settings of common metal, not
gilt or silvered Kilo, gross 45
320 Glass, crystal, china ware, and por-
celain, figured, in articles not spe-
cially mentioned, with mountings
or settings of common metal, gilt
or silvered Kilo, gross 1.25
116 321 Class and crystals in smooth sheets,
not specially mentioned Kilo, gross 07
116 322 Class and crystal in smooth sheets,
bevelled, engraved, or orna-
mented, or with mountings of
common metal for joining them
to form windows Kilo, gross 20
116 323 Class tiles, for flooring, of at least
1 centimetre in thickness Kilo, gross 04
117 324 Classes for speotacles and watches .Kilo, legal 1.00
Art. 1140. TEXTILES AXD MANUFAC-
TURES THEREOF.
I. COTTON. (Note 118.)
Tarns.
119 325 Cotton cord, not exceeding 10 milli-
metres in diameter Kilo, legal 1.32
326 Cotton cord, exceeding 10 millime-
tres in diameter Kilo, legal 18
120 327 Cotton yarn Kilo, legal 50
328 Cotton thread in balls, and skeins .Kilo, net T.40
328A Cotton thread in spools 1,000 metres 07
121 329 Cotton wicks Kilo, legal 22
Textiles.
330 Cotton lace and point luce of all
kinds, and manufactures thereof . Kilo, legal 6.00
331 Handkerchiefs, of cotton fabric,
neither cut nor hemmed (rf)
332 Handkerchiefs, of cotton fabric, cut
or hemmed (c)
122 333 Cotton fabrics, bleached or 1111-
('/) Duty on the material of which they are ninde.
(r) Duty on the material of which they are made, plus a surtax of
25 per cent.
828 COMPENDIUM OF MEXICAN LAW.
^ s_. Unit of Rate of
CLASSIFICATION. quantity. duty.
S, & Pesos.
bleached, of smooth texture, not
exceeding 130 centimetres in
width, and having not to exceed
20 threads, warp and woof, in a
square of 5 millimetres side .... Square metre 08
122 333A Cotton fabrics, bleached or un-
bleached, of smooth texture, not
exceeding 130 centimetres in
width, having over 20 but not
exceeding 30 threads, warp and
woof, in a square 5 millimetres
side Square metre 10
122 333B Cotton fabrics, bleached or un-
bleached, of smooth texture, not
exceeding 130 centimetres in
width, and having over 30
threads, warp and woof, in a
square of 5 millimetres side .... Square metre 12
122 334 Cotton fabrics, bleached or un-
bleached, of smooth texture, ex-
ceeding 130 centimetres in width,
and having not to exceed 20
threads, warp and woof, in a
square of 5 millimetres side .... Square metre 09
122 334 A Cotton fabrics, bleached or un-
bleached, of smooth texture, ex-
ceeding 130 centimetres in width,
and having over 20 but not to
exceed 30 threads, warp and
woof, in a square of 5 millime-
tres side Square metre 11
122 334B Cotton fabrics, bleached or un-
bleached, of smooth texture, ex-
ceeding 130 centimetres in width,
and having over 30 threads, warp
and woof, in a square of 5 milli-
metres side Square metre 14
122 335 Cotton fabrics, colored, printed, or
dyed, of smooth texture not ex-
ceeding 20 threads, warp and
woof, in a square of 5 millime-
tres side Square metre 11
335A Same as 335, except having from
20 to 30 threads per mm Square metre 14'
SCHEDULES OF IMPORT DUTIES. 829
te Unit of Rate of
"Ccs CLASSIFICATION. quantity. duty.
fc H Pesos.
122 330 Cotton fabrics, colored, printed, or
dyed, of smooth texture, exceeding
30 threads, warp and woof, in a
square of 5 millimetres side . . . .Square metre .... 0.17
337 Cotton fabrics, bleached or un-
bleached, or coloured, of a texture
which is not smooth Square metre ....
123 338 Cotton fabrics of all kinds, em-
broidered with wool Square metre ....
124 330 Cotton fabrics of all kinds, with ad-
mixture of base metal in the form
of showers, or with woven or em-
broidered designs or patterns . . . Kilo, legal 2.20
124 340 Cotton fabrics of all kinds, with ad-
mixture of precious metal in the
form of drops or threads Kilo, legal 3.30
125 341 Cotton fabrics of all kinds, with ad-
mixture of precious metal, in
woven or embroidered designs or
patterns Kilo, legal 5.50
Manufactured articles.
12G 342 Carpets and rugs of uncut cotton
velvet or shag, with a basis of
any vegetable fibre Square metre 28
127 343 Cotton tassels, even with core of any
other material Kilo, legal 70
128 344 Cotton tassels, witli cords of the
same material Kilo, legal 1.80
139 34-5 Cotton hosiery, even when contain-
ing ornaments of other material
than precious metal or silk Kilo, legal 2.50
13!) 34G Cotton hosiery, with silk orna-
ments Kilo, legal 3.00
129 347 Cotton drawers, undershirts, and
shirts for men and boys Kilo, legal 2.50
129 348 Cotton undershirts and shirts for
men and boys, with ornaments of
wool or silk, or witli fronts, col-
lars, and cufl's of linen Kilo. legal 3.00
139 349 Cotton undershirts, drawers, corset
covers, and other articles of cot-
ton network, not specially men-
tioned, even with ornaments of
other material than precious
metal or >ilk . ..Kilo, loeal H.OO
830 COMPENDIUM OF MEXICAN LA\V.
r. fe Unit of Kate of
'Z e CLASSIFICATION. quantity. duty.
^ Pesos.
139 350 Undershirts, drawers, corset covers,
and other articles of cotton net-
work, not specially mentioned,
with ornaments of silk Kilo, legal 3.50
351 Bed covers, blankets, quilts, cur-
tains, table covers, shawls, furni-
ture covers, and pillow cases, of
cotton fabric, without embroid-
ery Kilo, legal 1.10
352 Bed covers, blankets, quilts, cur-
tains, table covers, shawls, furni-
ture covers, and pillow cases, of
352A Cotton cravattes Kilo, legal 2.30
cotton fabric, embroidered Kilo, legal 1.70
35-') Cotton corsets, even with ribbons
and small ornaments, other than
of precious metal Kilo, legal 3.00
130 354 Dress patterns of cotton fabrics,
even with embroidered ornaments
or trimmed with cotton or linen
lace, for ladies and girls Kilo, legal l.GO
130 355 Dress patterns of cotton fabrics,
with ornaments of fabrics con-
taining silk, with skirts or over-
skirts of lace or guipure of cot-
ton Kilo, legal 2.50
131 350 Rufflings, fringes, galloons, lace
trimmings, lace edging, ribbons,
and cotton nettings Kilo, legal ...... 2.30
131 357 Kuffiings. fringes, galloons, lace
trimmings, lace edging, ribbons,
and cotton nettings, combined
with glass beads, common metal,
or paste Kilo, legal 1.15
35$ Carters and suspenders, of cotton .Kilo, legal 1.20
35!) Cotton handkerchiefs with cotton or
linen lace trimming Each 22
300 Cotton umbrellas, parasols, and
sunshades Each GO
301 Shirt fronts, collars, aud cuffs, of
cotton fabrics, neither embroid-
ered nor open worked Kilo, legal 1.70
3G2 Shirt fronts, collars and cull's, of
cotton, fabrics, embroidered or
open worked Kilo, legal 2.20
SCHEDULES OF IMPORT DUTIES. 831
x 5s Unit of Rate of
-2 /C^o CLASSIFICATION. quantity. duty.
[2; H ^ Pesos.
3G3 Shawls of cotton, up to 20 threads
in warp and woof, in a square of
5 millimetres side Square metre .... 1.30
3G4 Shawls of cotton, of more than 20
and up to 38 threads in warp
and woof, in a square of 5 milli-
metres side Square metre .... 2.40
3G5 Shawls of cotton, of more than 38
threads in warp and woof, in a
square of 5 millimetres side ....Square metre .... 5.50
3GG Elastic webbing of cotton and rub-
ber, exceeding 4 centimetres in
width Kilo, legal GO
3G7 Elastic webbing of cotton and rub-
ber, not exceeding 4 centimetres
in width Kilo, legal 1.00
132 3G8 Ready-made clothing, not specially
mentioned and separate parts
thereof, when sewn, of cotton
fabrics of all kinds and textures,
even ornamented with lace or em-
broidery, of cotton or linen, silk
ribbons, or common metal, for
adults and children Kilo, legal _',7~>
132 3G9 Ready-made clothing, not specially
mentioned and separate parts
thereof, when sewn, of cotton
fabrics of all kinds and textures,
when ornamented with silk rib-
bons, pure or mixed silk fabrics,
with skirts or overskirts of lace
or point of cotton, for adults and
children Kilo, legal 3.30
133 370 Cotton insertions, open worked or
embroidered with cotton, wool, or
linen Kilo, legal 2.20
133 371 Cotton insertions, open worked or
embroidered with cotton, wool or
linen, with beads of glass, com-
mon metal, or paste Kilo, legal 1.40
832 COMPENDIUM OF MEXICAN LAW.
K 5- Unit of Rate of
-2 "6 CLASSIFICATION. quantity. duty.
^ Pesoa.
II. FLAX, HEMP, AND OTHER SIM-
ILAR VEGETABLE FIBRES. (Note
13G.)
Yarn.
372 Cord of linen or hemp not exceed-
ing 10 millimetres in diameter . . Kilo, legal 1.65
373 Cord of linen or hemp exceeding 10
millimetres in diameter Kilo, legal 18
120 374 Linen or hemp yarns, and other
similar fibres, not specially men-
tioned Kilo, legai 18
120 375 Yarn of henequen, ixtle, New Zea-
land fibre (Phormium tenax),
crotalaria, or sunn hemp (Cro-
talaria juncea), or an admixture
of these materials not exceeding
403 metres per kilogramme ; and
yarn of abaca or manila hemp not
exceeding 437 metres per kilo-
gramme Per 100 kilos, gross .70
376 Thread of linen or hemp, in balls.
spools, or skeins Kilo, legal 25
377 Linen or hemp thread, in spools. .. Kilo, legal 1.10
378 Pressed linen thread for shawls ..Kilo, legal 1.50
Fabrics.
379 Linen lace and points of all kinds
and manufactures thereof Kilo, legal 7.00
380 Linen handkerchiefs, neither cut
nor hemmed (c)
381 Linen handkerchiefs, cut or
hemmed ( d )
134 382 Coarse tissues of jute, abaca, pita,
ixtle, henequen, New Zealand fibre
(Phormium tenax), or hemp, un-
bleached, of all textures, up to
32 threads of warp and \voof, in
a square of 2 centimetres side,
and weighing up to 400 grammes
per square metre Kilo, gross 22
134 382A Idem, weighing from 450 to 650
grammes per square meter Kilo, gross 18
(c-) Duty on the material of which they are made.
(d) Duty on the material of which they are made, plus a surtax
of 25 per cent.
SCHEDULES OF IMPORT DUTIES. 833
m 5c Unit of Rate of
-2 'Co CLASSIFICATION, quantity. duty.
&* Pesos.
134 382u Idem, weighing over 650 grammes
per square meter Kilo, gross 13
134 382c Idem, white, brownish or colored . . Will pay the above
rates, according to
weights, plus sur-
tax of 20%.
134 383 Coarse tissues of jute, abaca, pita,
ixtle, henequen, New Zealand
fibre (Phormium tenax), or hemp,
white, brownish, or coloured, of
all textures, up to 32 threads of
warp and woof, in a square of 2
centimetres side, and gummed,
prepared or adhered to paper, for
wall-papering Kilo, gross 40
122 384 Tissues of jute, abaca, pita, ixtle,
henequen, New Zealand fibre
(Phormium tenax), or hemp,
white, brownish, or coloured, of
smooth texture, not included in
the five preceding numbers, and
having up to 12 threads in warp
and woof in a square of 5 milli-
metres side Square metre 15
122 385 Fabrics of flax, or of other similar
fibres, not included in Nos. 382,
383, and 384, white, brownish, or
coloured, of smooth texture, hav-
ing up to 12 threads in warp and
woof in a square of 5 millimetres
side Square metre 15
122 386 Fabrics of flax, hemp, and other
similar fibres, white, brownish, or
coloured, of a smooth texture hav-
ing more than 12 threads in
warp and woof in a square of 5
millimetres side Square metre 22
122 .'587 Fabrics of flax, hemp, and other
similar fibres, white, brownish, or
coloured, not of a smooth tex-
ture Square metre 25
123 388 Fabrics of flax, hemp, and other
similar fibres, white, brownish, or
coloured, embroidered with wool .Square metre 40
53
834 COMPENDIUM OF MEXICAN LAW.
o5 sj- Unit of Bate of
-M 'C d CLASSIFICATION. quantity. duty.
124 389 Fabrics of flax, hemp, and other
similar fibres, white, brownish, or
coloured, with admixture of tin-
sel in figures or designs, woven
or embroidered ................ Kilo, legal ...... 2.20
124 390 Fabrics of flax, hemp, and other
similar fibres, white, brownish, or
coloured, with admixture of pre-
cious metal, in showers or
threads ....................... Kilo, legal ...... 3.30
125 391 Fabrics of flax, hemp, and other
similar fibres, white, brownish, or
coloured, with admixture of pre-
cious metal, in figures or designs,
woven or embroidered .......... Kilo, legal ...... 5.50
Manufactured articles.
126 392 Carpets and rugs of pure hemp,
jute, or any other similar vege-
table fibre, of a smooth texture,
twilled, figured, with uncut pile
( rizu ) ........................ Square metre ..... 28
126 393 Carpets and rugs of pure hemp,
jute, or any oilier similar vege-
table fibre, with cut pile (tripe) . Square metre ..... 40
126 394 Carpets and rugs of pure hemp,
jute, or any other similar vege-
table fibre, with fringes or sel-
vage of wool .................. Square metre ..... 45
127 395 Tassels of (lax or hemp, jute, or
any other similar vegetable fibre,
even witli cores of other mate-
rial .......................... Kilo, legal ....... 70
128 396 Tassels of flax or hemp, jute, or
any other similar vegetable fibre,
when provided with cords of the
same material ................. Kilo, legal ...... 1.80
139 397 Linen hosiery, even when contain-
ing ornaments of other material
than precious metal or silk ..... Kilo, legal ......
139 398 Linen hosiery having ornament-; of
silk .......................... Kilo, legal ......
13,") 399 Linen drawers and shirts for men
and boys ..................... Kilo, legal ......
SCHEDULES OF IMPORT DUTIES. 835
ai fc Unit of Rate of
-M ' 6 CLASSIFICATION. quantity. duty.
I; H ^ Pesos.
139 400 Shirts, drawers, corset covers, and
other articles of linen network,
not specially mentioned, when
trimmed with silk Kilo, legal 4.00
139 401 Undershirts, drawers, corset covers,
and other articles of linen net-
work, not specially mentioned,
even with trimmings of other ma-
terial than precious metal or
silk Kilo, legal 3.50
401 A Linen cravattes Kilo, legal 2.50
402 Linen or hemp corsets, even with
ribbons and small trimmings
other -than precious metal Kilo, legal 3.50
130 403 Linen dress patterns, even with em-
broidered trimmings or of cotton
or linen lace, for ladies and
girls Kilo, legal . . 2.00
130 404 Linen dress patterns, with trim-
mings of a tissue containing silk
or with skirts or overskirts of
cotton or linen lace or point . . . .Kilo, legal 3.00
405 Curtains, quilts, bedspreads, table
covers, furniture covers, and pil-
low cases of linen or hemp fabric,
not embroidered Kilo, legal 1.40
406 Curtains, quilts, bedspreads, table
covers, furniture covers, and pil-
low cases of linen or hemp fabric,
embroidered Kilo, legal 2.00
131 407 Ruffling*, fringes, galloons, lace
trimmings, lace edging, ribbons,
and nettings of linen Kilo, legal 2.50
131 408 Ruillings, fringes, galloons, lace
trimmings, lace edging, ribbons,
and nettings of linen combined
with glass beads, common metal,
or paste Kilo, legal 1.25
409 Garters and suspenders of linen or
hemp, of all kinds, with or with-
out fittings Kilo, legal 1 .50
410 Linen handkerchiefs, with trim-
mings of cotton or linen lace .... Each 45
411 Linen parasol^, umbrellas, and sun-
shades . . . TCaoh GG
836 COMPENDIUM OF MEXICAN LAW.
K 5,- Unit of Rate of
-S 'Co CLASSIFICATION. quantity. duty.
fc g* Pesos.
412 Linen shirt fronts, collars and cuffs,
neither embroidered nor open-
worked Kilo, legal 2.20
413 Linen shirt fronts, collars and cuffs,
embroidered or open-worked .... Kilo, legal 3.30
414 Linen shawls up to 2G threads, in
warp and woof, in a square of 5
millimetres, side Square metre .... 2.20
415 Linen shawls exceeding 26 and up
to 38 threads, in warp and woof,
in a square of 5 millimetres, side . Square metre .... 3.30
416 Linen shawls exceeding 38 threads,
in warp and woof, in a square of
5 millimetres, side Square metre .... 6.60
417 Linen or hemp elastic webbings,
combined with rubber, of more
than 4 centimetres in width. ... Kilo, legal 66
418 Linen or hemp elastic webbings,
combined with rubber, not ex-
ceeding 4 centimetres in width . . Kilo, legal 1.00
132 419 Ready-made clothing, not specially
mentioned, and separate parts
thereof, when sewn, of linen
fabrics of all kinds and textures,
even when trimmed with lace, em-
broidery, or common metal, for
adults and children Kilo, legal 3.30
132 420 Ready-made clothing, not specially
mentioned, and separate parts
thereof, when sewn, of linen
fabrics of all kinds and textures,
when trimmed with ribbon or
any fabric containing silk, or
skirts or over-skirts of cotton or
linen lace or point Kilo, legal 4.30
133 421 Insertions of linen, open-worked or
embroidered with cotton, wool, or
linen Kilo, legal 2.75
133 422 Insertions of linen, open-worked or
embroidered with cotton, wool, oi-
lmen, when trimmed with beads
of glass, common metal or paste . Kilo, legal 1.70
SCHEDULES OF IMPOST DUTIES. 837
oj 5G Unit of Kate of
-g 'Ed CLASSIFICATION. quantity. duty.
ft H Pesos.
WOOL. (Note 137.)
Yarn.
423 Cord of wool not exceeding 10 mil-
limetres in diameter Kilo, legal 2.75
424 Cord of wool exceeding 10 millime-
tres in diameter Kilo, legal 1.10
425 Cord of cotton or hemp, covered
with wool, not exceeding 10 mil-
limetres in diameter Kilo, legal 1.70
426 Cord of cotton or hemp, covered
with wool, exceeding 10 millime-
tres in diameter Kilo, legal 55
138 427 Worsted or woollen thread, even
with admixture of metal thread
and woollen yarn Kilo, legal 2.00
Fabrics.
428 W r oollen lace or point of all kinds,
and manufacture thereof 1 Kilo, legal 9.00
A on ii 1
124 /
TOO -I
1 430 Woollen fabrics of all textures, evenKilo, net 3.00
embroidered with wool, cotton, or
linen, or interwoven with silk or
metal thread, weighing up to 150
grammes per square metre Kilo, net 3.00
> 431 Woollen fabrics of all textures, even
embroidered with wool, cotton, or
linen, or interwoven with silk or
metal thread, weighing more than
150 and xip to 450 grammes per
square metre Kilo, net 4.75
123 432 Woollen fabrics of all textures, even
embroidered with wool, cotton, or
linen, or interwoven with silk or
metal thread, weighing more than
450 grammes per square metre . .Kilo, net 3.20
Manufactured articles.
126 433 Carpets of coarse frieze, plain or
twilled, or of fulled wool Square metre 85
126 434 Carpets and rugs of wool, with un-
cut pile (rizo) with warp of
hemp or any other material . . . .Square metre .... 1.00
126 435 Carpets and rugs of wool, with cut
pile (tripe), with warp of hemp
or any other material Square metre .... 1.70
M Repealed 11 Dec., '08.)
838 COMPENDIUM OF MEXICAN LAW.
uj 5c Unit of Rate of
-2 'Co CLASSIFICATION. quantity. duty.
fc H ^ Pesos.
126 436 Carpets of corded wool, with warp
of hemp or any other material . . Square metre .... 1.00
129 437 Hosiery or knitted goods of wool or
worsted, not specially mentioned,
even when trimmed with other
material than precious metal or
silk Kilo, legal 3.00
127 438 Tassels of wool, even with core of
other material Kilo, legal 1.10
128 439 Tassels of wool, with cords of the
same material Kilo, legal 2.20
129 440 Undershirts or shirts and drawers
of woollen fabric, even with small
trimmings of silk Kilo, legal 3.25
440A Woollen cravattes Kilo, legal 2.50
441 \Yoollen corsets, even with ribbons
and small trimmings other than
of precious metal Kilo, legal 3.00
130 442 Dress patterns of wool of all kinds,
even embroidered with cotton,
linen, or wool, or even with trim-
mings of cotton, linen, wool, silk
ribbons, or beads of glass, metal,
or paste, for ladies and girls .... Kilo, legal 3.50
130 443 Dress patterns of woollen stuffs.
mixed with silk in the texture or
in the embroidery, even with trim-
mings of silk or bends of glass,
common metal, or paste, for ladies
and girls Kilo, legal 5.00
444 Woollen curtains ready for use. or
with cotton, linen, or woollen lin-
ing, even containing embroidery,
trimmings, or fittings of other
material than precious metal or
silk Kilo, legal 3.50
445 Kuflling of woollen stuffs, even with'
woollen lace and small ornaments
of silk or of metal thread and
fringes, galloons, lace, trimmings,
edging, ribbons, and woollen net-
tings Kilo, legal 3.30
140 44G Woollen fell, weighing up to 350
grammes per square metre Kilo, legal 1.10
SCHEDULES OF IMPORT DUTIES. 839
x se \ Unit of Rate of
-M 'Co CLASSIFICATION'. quantity. duty.
ft ^^ 1'csos.
140 447 Woollen felt, weighing more than
350 grammes per square metre . . Kilo, legal ...... .30
448 Woollen felt, in endless bands, for
machinery, whether imported
with the corresponding machinery
or not Kilo, gross 00
449 Fringes, galloons, lace trimmings,
edgings, ribbons, and woollen net-
tings, with beads of glass, com-
mon metal, or paste Kilo, legal 2.00
450 Woollen gloves, neither knitted nor
lined Kilo, legal 3.30
451 Woollen gloves, not knitted and
lined Kilo, legal 1.70
141 452 Chenille-j woollen, even when com-
bined with tinsel Kilo, legal 2.75
453 Carters and braces of wool, of all
kinds, with or without fittings . .Kilo, legal 2.00
454 Woollen umbrellas, parasols and
sunshades Each 1.10
455 Woollen shawls up to 2G threads in
warp and woof, in a square of 5
millimetres, side Square metre .... 1.70
45G Woollen shawls exceeding 20
threads in warp and woof, in a
square of 5 millimetres, side . . . Square metre .... 2.75
457 Elastic webbings of wool and rub-
ber exceeding 4 centimetres in
width Kilo, legal 90
458 Elastic webbings of wool and rub-
ber not exceeding 4 centimetres in
width Kilo, legal 1.60
132 459 Heady-made clothing, not specially
mentioned, and separate parts
thereof, sewn, of woollen fabrics
of all kinds of texture, even
trimmed with materials other
than precious metal or silk Kilo, legal 6.50
132 460 Ready-made clothing, not specially
mentioned, and separate parts
thereof, when sewn, of woollen
fabrics mixed with silk in the
texture, in embroidery or trim-
mings, even with other trimmings
than precious metal Kilo. le<jfal 7.50
840 COMPENDIUM OF MEXICAN LAW.
* fe Unit of Rate of
' CLASSIFICATION. quantity. duty.
; H Pesos.
401 Woollen shawls for men (sarapes),
imitating those of Saltillo, fig-
ured or printed Square metre .... 8.00
1315 4(52 Insertions of woollen fabric, open-
worked or embroidered, with cot-
ton, wool, or linen Kilo, legal 3.30
133 463 Insertions of woollen fabric, when
trimmed with beads of glass,
common metal, or paste Kilo, legal 2.20
IV. SILK.
Yarns.
464 Silk cord Kilo, net 17.50
465 Spun silk, twisted or not, of all
kinds, in skeins, balls, or spools .Kilo, net 6.60
Silk fabrics.
466 Blondes, lace and point, of silk ..Kilo, net 17.50
407 Silk fabrics of all kinds of texture .Kilo, net 17.50
237 468 Silk bolting cloth Kilo, net 5.00
Manufactured articles.
469 Articles and manufactures not spe-
cially mentioned, of knitted or
other silk fabric Kilo, net 17.50
130 470 Dress patterns of silk fabric, even-
trimmed with beads of glass, com-
mon metal, or paste Kilo, net 17.50
471 Silk umbrellas, parasols, and sun-
shades Each 2.50
472 Shawls of silk up to 26 threads in
warp and woof, in a square of 5
millimetres, side Kilo, net 18.00
473 Shawls of silk exceeding 20 and up
to 38 threads in warp and woof,
in a square of 5 millimetres,
side Kilo, net 25.00
474 Shawls of silk, exceeding 38 threads
in warp and woof, in a square of
5 millimetres, side Kilo, net 34.00
132 475 Silk ready-made clothing, and sep-
arate parts thereof, even trimmed
with beads of glass, common
metal, or paste Kilo, net 17.50
SCHEDULES OF IMPORT DUTIES. 841
; {j- Unit of Rate of
-M "So CLASSIFICATION. quantity. duty.
V. SILK WITH ADMIXTURE OF
OTHER MATERIALS.
Yarn,
470 Yarn of silk and wool, even com-
bined with tinsel Kilo, net 3.30
Fabrics.
477 Blondes, lace and point, of silk,
trimmed with beads of glass, com-
mon metal or paste Kilo, net 13.20
478 Ribbons and insertions of cotton,
wool, or linen, embroidered with
silk Kilo, net 4.00
479 Ribbons and insertions of cotton,
wool, .or linen, embroidered with
silk, trimmed with beads of glass,
common metal, or paste Kilo, net 2.75
142 480 Fabrics with warp and woof of cot-
ton, linen, or wool, when having
an admixture of silk only in the
warp or woof Kilo, net 4.75
142 481 Fabrics with warp of silk and woof
of cotton, linen, or wool, or vice-
versa Kilo, net 8.25
142 482 Fabrics with warp of silk and
woof of cotton, wool, or linen,
with admixture of silk, or vice-
versa Kilo, net 5.50
483 Fabrics of cotton, linen, or wool,
with admixture of silk, both in
the warp and \voot', when the silk
does not predominate on the sur-
face of the fabric Kilo, net 5.50
484 Fabrics of cotton, linen, or wool,
with admixture of silk both in the
warp and woof, when the silk
predominates on the surface of
the fabric Kilo, net 8.25
124 485 Silk fabrics combined with cotton,
wool, or linen and admixture of
tinsel Kilo, net 6.00
124 486 Silk fabrics with admixture of tin-
sel Kilo, net 7.20
125 487 Silk fabrics combined with cotton,
842 COMPENDIUM OF MEXICAN LAW.
j j.. Unit of Rate of
-S "Ed CLASSIFICATION. quantity. duty.
j| g & Pesos.
wool, or linen and admixture of
tinsel Kilo, net 11.00
125 488 Silk fabrics with admixture of pre-
cious metal Kilo, net 17.50
Manufactured articles.
489 Articles of silk with admixture of
cotton, linen, or wool, not spe-
cially mentioned, even embroid-
ered or trimmed with other than
precious metal or beads Kilo, net 10.00
490 Articles of silk with admixture of
cotton, linen, or wool, not spe-
cially mentioned, when trimmed
with beads of glass, common
metal, or paste Kilo, net 9.00
491 Articles of silk, of all textures, not
specially mentioned, trimmed with
beads of glass, common metal, or
paste Kilo, net 13.20
139 492 Manufactured articles of cotton,
knitted, with trimmings of silk.
not specially mentioned Kilo, legal 3.50
139 493 Manufactured articles of linen,
wool, or worsted, knitted, with
trimmings of silk, not specially
mentioned Kilo, legal 4.00
139 494 Manufactured articles of cotton,
linen, or wool, knitted, with ad-
mixture of silk in the texture, not
specially mentioned, provided the
first-mentioned fibres predominate
on the surface of the fabric . . . .Kilo, net 4.50
139 405 Manufactured articles of silk,
knitted, with admixture of cot-
ton, linen, or wool in the texture,
not specially mentioned, provided
the last-mentioned fibres do not
predominate on the surface of
the fabric Kilo, net S.OO
127 49G Silk tassels, even with core of other
materials Kilo, net 4.50
128 497 Silk tassels, with cords of the same
material . . Kilo, net G.GO
SCHEDULES OF IMPOKT DUTIES. 843
A ta Unit of Kate of
CLASSIFICATION. quantity. duty.
g * Pesos.
498 Silk tassels, with admixture of cot-
ton, linen, or wool, even with core
of any other material and with
cords of the same mixed mate-
rials Kilo, net 3.10
499 Hemp cord, covered with silk Kilo, net 4.50
500 Hemp cord, covered with silk, mixed
with cotton, linen, or wool Kilo, net 3.10
501 Corsets of silk with an admixture
of cotton, linen, or wool Kilo, net 5.00
130 502 Dress patterns of silk fabrics,
mixed with cotton, linen, or wool,
even with embroidery or trim-
mings other than precious metal,
or bettds of glass, common metal,
or paste Kilo, net 10.00
503 Sacerdotal ornaments in silk fabrics,
in patterns or made up, mixed
ivith cotton, linen, or wool, even
embroidered or with galloons of
tinsel or admixture of tinsel in
the texture Kilo, legal 10.00
504 Sacerdotal ornaments in silk fabrics,
in patterns or made up, mixed
with cotton, linen, or wool, with
embroidery or galloons of silver,
gilt silver, or an admixture of
silver or gilt silver in the tex-
ture Kilo, legal 15.00
505 Sacerdotal ornaments in silk fabrics,
in patterns or made up, even with
embroidery or galloons of silver
or gilt silver, or an admixture of
silver or gilt silver in the tex-
ture Kilo, legal 25.00
500 Umbrellas, parasols, and sunshades
of silk, mixed with cotton, linen,
or wool Each 2.00
507 Shawls of silk with admixture of
cotton, linen, or wool, up to 20
threads in warp and woof, in a
square of 5 millimetres to the
side Kilo, net 10.00
508 Shawls of silk mixed with cotton.
linen, or wool, exceeding 20 and
S-M COMPENDIUM OF MEXICAN LAW.
v $j- Unit of Rate of
-2 ' d CLASSIFICATION, quantity. duty.
^ yvsos.
up to 38 threads in warp and
woof, in a square of 5 millimetres
to the side Kilo, net 15.00
509 Shawls of silk mixed with cotton,
linen, or wool, exceeding 38
threads in warp and woof, in a
square of 5 millimetres to the
side Kilo, net 25.00
510 Elastic webbings of rubber and pure
silk or mixed with cotton, linen,
or wool, exceeding 4 centimetres
in width Kilo, legal 1.50
511 Elastic webbings of rubber and pure
silk or mixed with cotton, linen,
or wool, not exceeding 4 centi-
metres in width Kilo, legal 3.50
132 512 Ready-made clothing, not specially
mentioned, and parts thereof, of
silk, with admixture of cotton,
linen, or wool, in the texture or
in embroideries even when
trimmed with beads of glass.
common metal or paste Kilo, net 10.00
513 Shawls for men (sarapes), imitat-
ing those of Saltillo. figured or
printed, of silk with admixture
of cotton, wool, or linen Kilo, net 15.00
Artificial or vegetable silk.
149 514 Yarns, fabrics, and manufactured
articles exclusively of vegetable
silk or mixed with other vege-
table fibres (c)
Art. 1141. CHEMICAL AND PHARMACEU-
TICAL PRODUCTS.
143 515 Aniline oil. ali/arine. natural or ar-
tificial, and anthracene Kilo, gross 08
144 516 Acetates of alumina, ammonia, lime.
copper, chrome, iron, lead, and
soda Kilo, legal 00
145 517 Arsenious acid Kilo, legal 02
(p) Duty on similar yarns, fabrics, and manufactured articles of
linen, plus a surtax of 20 per cent.
SCHEDULES OF IMPORT DUTIES. 845
y 5= Unit of Rate of
'C,5> CLASSIFICATION. quantity. duty.
X EH ^ Pesos.
146 518 Sulphuric acid Free.
140 519 Hydrochloric and sulphurous acids . 100 kilos, gross . . 1.50
147 520 Acetic, boric, citric, chromic, nitric,
oxalic, pyroligneous, and tartaric
acids Kilo, legal 04
148 521 Liquid acids, not specially men-
tioned Kilo, legal 10
522 Acids in crystals or in powder, not
specially mentioned Kilo, legal 20
150 523 Size for fabrics, liquid soaps, alka-
line sulpho-oleates, and sulpho-
ricinates Kilo, gross 04
151 524 Aromatic waters, distilled, not con-
taining alcohol Kilo, legal 55
152 525 Alcohol or spirits of wine Kilo, net 80
153 526 Amylic, methylic, and methylated
alcohol Kilo, legal 10
154 527 Aseptic and antiseptic cotton and
gauze Kilo, legal 25
155 528 Ammonia Kilo, gross 01
15G 529 Milk sugar Kilo, legal 25
157 530 Varnishes, white and coloured, and
blacking and polish, in paste or
liquid Kilo, legal 22
Bicarbonate of potash and of soda. . Kilo, legal 09
Medicine chests Kilo, legal 1.00
Cases with chemical reagents Free.
Carbonate of potash or of soda . . .Kilo, gross 02
Carbide of calcium Kilo, gross 04
Alkaline cyanides Free.
( 'hloral Kilo, legal 1.00
Chlorate of potash or of soda Kilo, legal 07
Chloroform Kilo, legal 1.00
540 Chloride or hypochlorite of calcium.
soda, or potash, chloride of zinc.
and protochloride of tin Kilo, gross 01
541 Chlorides of gold and platinum . . . .Kilo, legal 4.00
102 542 Collodion Kilo, legal :>0
1(53 543 Colours, in powder or crystals ....Kilo, gross OS
103 544 Prepared colours Kilo, gross 15
10S 545 Cream of Tartar Kilo, legal 11
10!) 546 Creoline. and all kinds of disinfec-
tants, not specially mentioned . .Kilo, legal 03
170 547 Medicinal drugs and chemical and
846 COMPENDIUM OF MEXICAN LAW.
a-: fe Unit of Rate of
CLASSIFICATION. quantity. duty.
H I'csos.
pharmaceutical products, not
specially mentioned Kilo, legal 1.00
171 548 Drugs and preparations of all kinds
for veterinary uses Kilo, legal 05
172 549 Ether of all kinds Kilo, legal 40
173 550 Extracts of dyewoods Kilo, gross 08
174 551 Phosphorus, white or red Kilo, legal 35
175 552 Wood and wax matches of all
kinds Kilo, legal 1.70
17G 553 Hyposulphite of soda Free.
177 554 Medicinal soaps Kilo, legal 1.00
178 555 Yeast of all kinds Kilo, legal 09
180 556 Photographic dry plates Kilo, legal 40
557 Salt, common or table Kilo, gross 02
181 558 Salts and oxides of all substances,
not specially mentioned Kilo, legal 18
182 559 Saltpetre or nitrate of potash or
soda Free.
183 5GO Silicates of alumina, potash, or
soda Kilo, gross 03
184 501 Caustic soda and potash Kilo, gross 01
185 502 Sulphate of copper Free.
185 503 Sulphate of iron and ammonia . . . .Kilo, gross 01
180 504 Sulphate of alumina, magnesia, pot-
ash, and of soda 100 kilos, gross . . 4.50
187 5G5 Sulphite, bisulphite, and trisul-
phito of lime, of potash, and of
soda 100 kilos, gross . . 1.50
188 5GG Sulphide, bisulphide and tetrachlo-
ride of carbon Free.
5GGA Sulphide of calcium Kilo, legal 10
507 Writing ink Kilo, gross 12
189 5G8 Medicinal wines and elixirs Kilo, net 45
Art. 1142. SPIRITUOUS. FERMEXTED. AND
NATCH AL BEVERAGES.
f>G9 Spirits in earthen or glass vessels .Litre 75
570 Spirits in wooden vessels Litre 55
571 Mineral waters, natural or artifi-
cial Kilo, legal 02
191 572 Tloc-r. cider, and refreshing bever-
ages in bottles Kilo, net 25
191 573 P>eer and cider in barrels Kilo, gross 10
192 571 I'.ittcr- of all kind- . ..Kilo, net . .45
SCHEDULES OF IMPORT DUTIES. 847
A sc Unit of Rate of
-g 'Zo CLASSIFICATION. quantity. duty,
jz; ^ Pesos.
193 575 Liqueurs Kilo, net 45
576 Vinegar in wooden vessels 100 kilos, gross . . 5.50
577 Vinegar in glass vessels Kilo, net 11
194 578 Wines in wooden vessels Kilo, gross 13
194 579 Wine in glass vessels Kilo, net 25
580 Sparkling wines Kilo, net 65
Art. 1143. PAPER AND PAPER PRODUCTS.
I. WASTES AND PULP FOR THE
MANUFACTURE OF PAPER.
195 581 Refuse and waste of paper and pulp
of vegetable fibre in sheets for the
manufacture of paper, not dyed,
perforated at spaces not exceed-
ing 10 centimetres Free.
II. PAPER AND CARDBOARD.
196 582 Paper of all kinds weighing up to
50 grammes per square metre ..Kilo, legal 16
196 583 White paper containing more than
40 per cent, of mechanical wood
pulp and weighing more than 50
and not more than 150 grammes
per square metre 100 kilos, legal . . 7.50
196 584 White paper containing up to 40
per cent, of mechanical wood pulp
and weighing more than 50 and
not more than 150 grammes per
square metre Kilo, legal ...... .20
196 585 Paper of dyed pulp, and all paper
not specially mentioned, weigh-
ing more than 50 and not, more
than 150 grammes per square
metre Kilo, legal 20
196 586 Paper of the natural colour of the
pulp, weighing more than 50 and
not more than 150 grammes per
square metre Kilo, legal 09
196 587 Paper and cardboard of the natural
colour of the pulp, weighing more
than 150 grammes per square
metre Kilo, letral .06
848 COMPENDIUM OF MEXICAN LAW.
,j t- Unit of Rate of
-i ' c CLASSIFICATION. quantity. duty.
g * Pesos.
196 588 White paper and cardboard weigh-
ing more than 150 grammes pel-
square metre Kilo, legal 15
190 589 Paper and cardboard of dyed pulp,
weighing more than 150 grammes
per square metre Kilo, legal 12
III. MANUFACTURED PAPERS.
197 590 Advertisements, printed, engraved,
or lithographed on paper or card-
board, unframed Kilo, legal 22
198 591 Paper cut in strips not exceeding
5 centimetres in width Kilo, legal 22
199 592 Paper cut in sheets, of less than 45
centimetres on any of its sides,
ruled paper, and water-marked
paper Kilo, legal 33
200 593 Paper with monogram, letter heads
printed, engraved. or litho-
graphed Kilo, legal 1.10
201 594 Paper, mottled, coloured, embossed,
and glazed, not bronzed, gilt, or
silvered Kilo, legal 15
201 595 Paper, mottled, coloured, embossed
and glazed, when bronzed, gilt,
or silvered in whole or in part . . Kilo, legal 30
201 59G Paper, mottled, coloured, embossed,
and glazed, combined with cloth
of silk, or any other material not
specially mentioned Kilo, legal 55
IV. MANUFACTURED ARTICLES.
202 597 Manufactured articles of paper, not
specially mentioned Kilo, legal 45
203 598 Geographical, topographical, and
nautical charts, wall pictures, not
framed, for schools, drawing and
copying books, with samples, for
primary schools, books, period-
icals of all kinds, and printed
music, unbound Free.
204 599 Pictures. printed, engraved. or
lithographed, oleographs, and
SCHEDULES OF IMPORT DUTIES. 849
f fc Unit of Kate of
'Co' CLASSIFICATION. quantity. duty.
H Pesos.
paintings, on paper or card-
board Kilo, legal 90
600 Blank or ruled books, with card-
board, leather, or cloth binding,
even with metal corners and
clasps other than of gold, silver,
and platinum Kilo, legal 1.40
G01 Books, printed or blank, bound in
velvet, shell, ivory, tortoise shell,
gutta-percha wood, celluloid, or
other than precious metal Kilo, legal 2.00
602 Books and music, printed or manu-
script, bound in cardboard,
leather, or cloth Kilo, gross 05
603 , Playing cards Kilo, legal 3.00
238 604 Paper bags, for packing, even with
labels and names, not specially
mentioned Kilo, legal 25
604A Paper bags, imprinted Kilo, legal 45
605 Common envelopes not specified ..Kilo, legal 45
605A Paper envelopes, with monogram,
name-card, or other impression,
although an advertisement Kilo, legal 1.10
Return-notice if not delivered is
not considered as such printing.
Art. 1144. MACHINERY AND APPARATUS.
205 606 Fire-extinguishing apparatus, with
not more than six extra charges . Free.
206 607 Manifolding appliances Kilo, gross 06
608 Bulbs for the manufacture of
lamps for incandescent electric
lighting, switches, light extin-
guHiers, contacts and their pins,
fuses, circuit closers, rings, and
safety switches Kilo, gross
207 609 Scientific instruments and appara-
tus
208 610 Automatic toys operated by string,
steam, or electricity Kilo, legal 80
200 (ill Electric arc lamps Kilo, gross 06
61 1\ Incandescent electric lamps Kilo, gross 22
210 612 Machinery of all kinds for manu-
facturing industries, agriculture,
54
850 COMPENDIUM OF MEXICAN LAW.
te Unit of Rate of
-g 'Zo CLASSIFICATION. quantity. duty.
H ^ Pesos,
mining, and the arts, not spe-
cially mentioned, and separate
parts thereof, and extra pieces . . 100 kilos, gross . . 1.G5
(The several pieces which form one
installation of machinery, in
whole or part, may be imported
in separate lots, at the above
rate, where so permitted by the
Department of Hacienda in view
of the circumstances of each case,
upon complying with the requi-
sites established by the Depart
ment. )
613 Movements for clocks of all kinds .Kilo, legal 70
G14 Movements for repeating watches . Each G.OO
615 Movements for watches other than
repeating Each 1.23
616 Clocks for towers and public build-
ings Kilo, gross 02
G17 Table or wall clocks of all kinds . .Kilo, legal 1.00
211 618 Repeating watches of gold, or gold
filled, even containing precious
stones Each 16.00
211 619 Watches, other than repeating, of
gold or gold filled, even contain-
ing precious stones Each 8.00
620 Repeating watches of silver or other
material, except gold, when con-
taining incrustations or parts of
gold or gold filled Each G.50
212 621 Watches, not repeating, of silver or
other materials, except gold .... Each 1.25
622 Watches, not repeating, of silver,
common metal, or other material,
containing incrustations of gold
or parts of gold or gold filled . . Each 2.50
Art. 1145. VEHICLES.
213 623 Carts, cars, wagons, and all kinds
of vehicles, not specially men-
tioned, for commerce, agriculture,
and the transportation of mer-
chandise, when the weight of
each does not exceed 200 kilos . .Kilo, net . .22
SCHEDULES OF IMPORT DUTIES. 851
Unit of Rate of
CLASSIFICATION". quantity. duty.
213 624 Carts, cars, wagons, and all kinds
of vehicles, not specially men-
tioned, for commerce, agricul-
ture, and the transportation of
merchandise, when the weight of
each exceeds 200 kilos .......... 100 kilos, net .... 5.50
(The duty on the first 200 kilos of
each vehicle is $0.22 per kilo, and
each additional kilo pays its 'cor-
responding rate.)
214 625 Wheelbarrows of one or more
wheels, separate parts thereof,
and extra pieces, when not fit for
other purposes ................ 100 kilos, gross . . 1.65
215 626" Railroad cars and coaches of all
kinds, and extra pieces thereof,
when not fit for any other pur-
p^se. ........... Free.
216 627 Carriages and automobiles of all
kinds, not specially mentioned,
used for the exclusive transpor-
tation of persons, weighing not
more than 250 kilos .......... Kilo, net ......... 66
216 628 Carriages and automobiles of all
kinds, not specially mentioned,
used for the exclusive transporta-
tion of persons, weighing more
than 250 and not exceeding 750
kilos ......................... Kilo, net ......... 55
(The duty on the first 250 kilos of
each vehicle is $0.66 per kilo, and
each additional kilo, up to the
limit of the weight specified,
shall pay $0.55.)
210 629 Carriages and automobiles of all
kinds, not specially mentioned,
used for the exclusive transpor-
tation of persons, weighing more
than 750 kilos ................ Kilo, net ......... 45
(The duty on the first 250 kilos of
eacli vehicle is O.liii peso per kilo,
and each of the 500 kilos follow-
ing shall pay 0.55 peso, and each
additional kilo shall pay 0.45
peso. )
S52 COMPENDIUM OF MEXICAN LA\V.
f. fc Unit of Rate of
'Cj= CLASSIFICATION-. quantity. duty.
"A H A Pesos.
217 630 Carriages, skeleton, not upholstered
or painted, weighing up to 250
kilos Kilo, net 33
217 631 Carriages, skeleton, not uphol-
stered or painted, weighing more
than 250 kilos and not exceeding
750 kilos Kilo, net 22
(The duty on eacli of the first 250
each vehicle shall be 0.33 peso per
kilo, and each additional kilo, up
to the limit specified, shall pay
0.22 peso.)
217 632 Carriages, skeleton, not uphol-
stered or painted, weighing more
than 750 kilos Kilo, net 11
(The duty on each of the first 250
kilos of each vehicle shall be
0.33 peso per kilo, each of the
following 500 kilos shall pay
0.22 peso, and each additional
kilo shall pay 0.11 peso.)
033 Craft of all kinds Free.
G34 Shafts or front running gear, and
separate wheels for wagons or
carriages Kilo, net 30
634A Ruber tires for vehicles, although
some parts are of leather Kilo, net O.U6
635 Tricycles without rubber tires ....Kilo, net 30
(i36 Velocipedes of all kinds, not spe-
cially mentioned, and separate
and extra parts thereof Kilo, net 1.10
Art. 1146. ARMS AXD EXPLOSIVES.
037 Side arms of all kinds and detached
blades thereof Kilo, legal 90
038 Firearms, repeating or breech-load-
ing, of all kinds, and extra parts
thereof Kilo, legal 2.00
639 Firearms, other than repeating or
breech-loading, of all kinds, and
extra parts thereof Kilo, legal 60
640 Loaded and unloaded cartridges and
percussion caps for firearms . . . .Kiln, gross 60
041 Primers of all kind- for explosives . Kilo, gross 06
SCHEDULES OF IMPORT DUTIES. 853
r. fc Unit of Rate of
'C^o CLASSIFICATION. quantity. duty.
H Pesos.
218 042 Dynamite, blasting powder, pyroxy-
lin, or gun-cotton, and other ex-
plosives, not specially mentioned . 100 kilos, gross . . 3.30
043 Fireworks Kilo, gross 40
044 Slow matches and quick matches
for mines 100 kilos, gross . . 3.30
21S 645 Powder, other than blasting Kilo, gross GO
Art. 1147. MISCELLANEOUS ARTICLES.
646 Fans with ribs of wood Kilo, legal 1.40
219 647 Lubricating oils Kilo, gross 06
648 Hat frames of all kinds Each 30
649 Articles .of tortoise shell, ivory, or
mother-of-pearl, with ornaments
of skins or cloth containing silk,
not specially mentioned Kilo, legal 2.50
650 Articles of all materials, not spe-
cially mentioned, ornamented
with skins or cloth containing
silk Kilo, legal 75
651 Articles of all kinds of materials,
not specially mentioned, with or-
naments or attachments of gold,
silver, or platinum Kilo, legal 6.00
220 652 Articles not specially mentioned, of
gutta-percha and of celluloid.
oiled and varnished cloths Kilo, legal 45
221 653 Articles, not specially mentioned.
for artificial flowers Kilo, legal 1.70
654 Rubber belts for machinery,
whether they are imported with
the corresponding machinery or
not Kilo, gross 11
655 Walking sticks and whips, not spe-
cially mentioned, without orna-
ments of precious metal Kilo, legal 1.40
656 Buttons covered or woven with silk
or with fabrics mixed with silk .Kilo, legal 1.50
657 Buttons covered with fabric not
mixed with silk Kilo, legal 50
658 Caps of all kinds and materials
with or without visors Each 55
659 Paint boxes of all kinds . ..Kilo, legal .30
854 COMPENDIUM OF MEXICAN LAW.
;. -j_ Unit of Rate of
-S ' d CLASSIFICATION, quantity. dutv.
* Pesos.
660 Travelling baskets with table ac-
cessories Kilo, legal 1.00
661 Rubber hose, even combined with
cloth Kilo, legal 12
662 flasks of all kinds Each 30
663 Sieves and strainers of silk, horse-
hair, leather, or wire Kilo, legal 30
66-4 Belts, not specially mentioned, not
containing precious metal Kilo, legal 75
665 Cushions, mattresses, and pillows,
tilled with feathers, when the lin-
ing does not contain silk Kilo, legal 1.25
666 Cushions, mattresses, and pillows,
filled with feathers, when the lin-
ing contains silk Kilo, net 4.50
667 Cushions, mattresses, and pillows,
tilled with any material, not spe-
cially mentioned, when the lining
docs not contain silk Kilo, leyal 80
668 Cushions, mattresses, and pillows,
tilled with any material, not spe-
cially mentioned, when the lining
contains silk Kilo, net 3.00
222 669 Collections of all kinds for educa-
tional purposes Free.
670 Xumismatical. geological, or zoolog-
ical collections for museums,
&c Free.
671 Patterns (uppers) of slippers,
shoes, gaiters, of cloth not con-
taining silk Kilo, legal 1.00
672 Patterns (uppers) of slippers.
shoes, gaiters, of cloth containing
silk Kilo, net 9.00
673 Transparent curtains of coloured
cloth Kilo, legal 55
223 674 Strings for musical instruments . . Kilo, legal 1.00
675 Artificial teeth of all substances ..Kilo, legal 4.00
676 Designs, moulds, patterns, or mod-
els for artistic and industrial
purposes Free.
677 Packing of all kinds and materials
for machinery Kilo, legal 04
G78 Frames for parasols and umbrellas.
SCHEDULES OF IMPORT DUTIES. 855
:/: fe Unit of Rate of
-g ' o' CLASSIFICATION. quantity. duty.
g* Pesos.
with handles other than of pre-
cious metal Kilo, legal 1.00
679 Artificial flowers of cloth not con-
taining silk Kilo, legal 4.00
C80 Artificial Mowers and feathers of
silk or cloth containing silk .... Kilo, legal 9.00
226 681 Linings of all kinds for hats Kilo, net 2.25
682 Hand bellows and feather dusters. .Kilo, legal 50
227 683 Sheaths of all kinds for umbrellas
and parasols, not containing
silk Kilo, legal 60
684 Mucilage for offices, rubber erasers,
sealing wax, and wafers Kilo, legal 50
G85 Tools of all kinds 100 kilos, legal . . 5.50
686 Ice ...-, Free.
(>87 Rubber footwear, even containing
cloth Kilo, legal l.OO
688 Rubber in sheets, combined with
cloth Kilo, legal 10
689 Caoutchouc prepared for dentists . Kilo, legal 3.00
224 690 Sanitary water-closets and urinals,
and separate and extra parts
thereof, when not fit for any
other purpose Kilo, gross 10
691 Musical instruments Kilo, legal 55
692 Soap, perfumed Kilo, legal 1.00
693 Soap, not perfumed Kilo, legal 0.25
228 694 Sheets of asbestos, cardboard, and
tarred tow, for roofing Kilo, gross 04
229 695 Miners' lamps Free.
696 Pencil-holders and penholders, not
specially mentioned, not contain-
ing precious metals Kilo, legal 50
2:10 697 Type, rulers, chases, dashes, rollers,
moulds, galleys, composing sticks,
and other appliances for print-
ing and lithographing 100 kilos, gross . . 1.50
698 Memorandum books of real or imi-
tation slate Kilo, legal 70
2.'51 fi99 Billiard tables of any material, not
including cloth and attachments .Kilo, gross 40
225 700 Toilet and sewing cases, of all
kinds, not specially mentioned.
with fittings . . . Kilo, legal , 2.00
856 COMPENDIUM or MEXICAN LAW.
& 5c Unit of Rate of
-2 ' 6 CLASSIFICATION. quantity. duty.
701 Tapestry, unfinished or finished, on
canvas, felt, or cloth, not con-
taining silk, not specially men-
tioned ........................ Kilo, legal ...... 1.00
232 702 Perfumery ...................... Kilo, legal ...... 1.25
233 703 Artificial plants ................ Kilo, legal ...... 1.25
234 704 Heady-made clothing, of oilcloth ..Kilo, legal ...... 2.50
705 Game bags ..................... Kilo, legal ....... 90
706 Felt hats, unfinished, without fit-
tings or trimmings ............ Each ............ 75
707 Hats of esparto, shavings, prepared
cotton texture, or paper pulp, un-
finished ...................... Each ........... 0.25
707A Hats of esparto, shavings, prepared
cotton texture or paper pulp, un-
finished or with fittings or trim-
mings other than feather, silk, or
articles containing silk ........ Each ............ 50
70S Hats of all kinds, not specially
mentioned, and hats known as
" jipijapa " or Panama hats, or
imitation thereof, with or with-
out fittings or trimmings ...... Each ........... 1.50
709 Hats, not specially mentioned, un-
finished, without fittings or trim-
mings ........................ Each ............ 50
710 Hats or caps for miners or firemen . Free.
235 711 Oilcloth of all kinds ............. Kilo, gross ....... 33
236 712 Tents of all kinds, not including
the poles for setting same ...... Kilo, gross ....... 22
713 Black ink for printing purposes .. Free.
CORPORATE BOND LAW.
BOOK XXIII.
CORPOEATE BOND LAW. 1
(Law of 29 November, 1897, as amended.)
CHAPTER 1.
THE TEXT OF THE LAW.
Art. 1147A. THE PRESIDENT OF THE REPUBLIC has been
pleased to address to me the following decree :
PORFIRIO DIAZ, Constitutional President of the United
States of Mexico, to the inhabitants thereof -- Know ye :
That the Congress of the Union has seen fit to address
to me the following decree : The Congress of the
L T nited States of Mexico decrees :
ARTICLE 1. Railroad, mining and public works com-
panies, as well as all other joint stock companies, will be al-
lowed to issue, subject to this law, obligations or bonds with
or without special guarantees.
These bonds or obligations will be considered for all legal
purposes as personal property, even when guaranteed by
mortgage; they will confer equal rights on their holders with-
out any preference whatever, and they will simply represent
the individual share of each bondholder in the debt consti-
tuted by the contract which gives rise to the issue, which will
nevertheless preserve the judicial character given to it by the
laws.
ARTICLE 2. The obligations may be issued either in a
specific name or to bearer, and they will be subject to all the
1 This Bond Law, borrowed from the "Mexican Year Book." of 1909,
is rendered in full, in the form in which it was enacted, with the
amendment to Art. IS. and the added Articles 19 and 20, translated bv
ihe author.
858 COMPENDIUM OF MEXICAN LAW.
provisions relating to the shares of joint stock companies
which are contained in the three first sections of Article 180
and in Articles 181 and 182 of the Commercial Code of the
15th of September, 1889. x
ARTICLE 3. Xo agreement will be allowed for the ob-
ligations to be redeemed by drawings at any price above that
of the issue at par, or with any premium or bonus, unless
they comply with the following requisites :
(1) That the interest payable to all the bondholders
shall not be less than 4 per cent, per annum.
(2) That the sum which according to the contract is to
be from time to time devoted to the redemption
of the obligations arid payment of interest, shall
be the same during the whole period stipulated
for such redemptions.
Any bondholder will have authority to de-
mand the cancellation of the whole issue that
may be made contrary to the provisions of this
article.
AETICLE 4. The obligations may be issued by public
subscription or in accordance with special contract?, which
must always be recorded in a public deed (escritura piiblica).
When the obligations are issued by public subscription it-
must be preceded by the publication in the official periodical,
and any other in the place of residence of the company,, of a
notice which will set forth :
(1) The name, object and residence of the company,
with date of the constitution thereof, citing the
deed of association or the records of the general
meeting by which it was organised.
(2) The date of the general meeting of shareholders in
which the issue was decided on. or else a refer-
ence to the deed of association that authorises
such issue without the necessity of a resolution
hv the general meeting.
i Soc Arts. fi:;i-0:!2.
CORPORATE BOND LAW. 859
(3) The amount of the obligations previously issued,
with an indication of their principal conditions
respecting guarantees, interest and dates of re-
demption.
(4) The conditions of the subscription, one of which
must be that the subscribers at once pay into
some bank or commercial house at least 10 per
cent, of the amount under subscription.
(5) The number and nominal value of the obligations,
the interest payable thereon and dates for such
payment, as well as the dates, conditions and
methods under which the redemption of the ob-
ligation is to be carried out.
(6) The purpose to which the proceeds of the issue are
to be devoted whenever it is intended to present
it as a guarantee or security for the debt.
(7) The special guarantees that are offered to the bond-
holders.
(8) A balance-sheet of the company specially prepared
in view of the issue of obligations.
(9) The amount that will annually be placed by the
company at the disposal of the representative of
the bondholders for the payment of his own re-
muneration and the expenses incurred in the
execution of his office.
This notice will be inserted in the subscription lists and
in the event of any of the above requisites being omitted
from said notice, the tribunal will have power to declare the
issue null and void on petition of any of the bondholders.
ARTICLE 5. ISTo issue of bonds shall be made for any
sum larger than the assets shown in the last approved bal-
ance-sheet ; but, nevertheless, companies will be allowed to
issue bonds even in excess of such assets when they repre-
sent the value or price of the property or securities whose
purchase is contracted for and is the cause ot the issue.
COMPENDIUM OF MKXICAX LAW.
AKTICLE 6. The debtor company will convene the bond-
holders to a general meeting within the thirty days fol-
lowing the date on which the subscription to the bonds is
closed.
The call for such meeting must be published in the offi-
cial periodical and in another one in the residence of the
company for at least eight days before the day on which the
meeting is to be held, and it will specify the day, hour and
place of the meeting.
The meeting will be held as legally opened with an at-
tendance of bondholders who represent more than the half of
the amount subscribed; but in the event of the non-attend-
ance of a sufficient number of subscribers to obtain this repre-
sentation, the call will be repeated under the same conditions
as the first, and the meeting will be held, whatever may be
the number of bondholders present or the amount repre-
sented.
The president or vice-president of the company which
makes the issue will preside over the meeting, and, with the
approval of the same, he will appoint a secretary and two
tellers from among the bondholders present.
Each bondholder will have a vote in the meeting for each
bond that he may have subscribed for and the resolutions will
be passed by a majority of the bonds represented.
AUTICJLI: 7. The objects of the meeting referred to in
the preceding article will be as follows:
(Ij To prove that the entire amount of the bonds has
been subscribed for, and at least 10 per cent, of
their value has been paid into sonic bank or
men-ant ile house.
('2) To decide by a unanimous vote of the subscribers,
and in I lie event of the whole of the bonds not
being subscribed for, whether the issue shall be
reduced to the amount already subscribed, al-
ways provided that the company making the is-
sue accenls such resolution.
CORPORATE BOND LAW. 8C1
(3) To elect a general representative for the bondhold-
ers, who may be one of themselves or an
outside person, or else to appoint a committee
who shall represent the whole of the bondholders.
(4) To approve the regulations to which the general
representative or committee are to be subject,
specifying the time that they are to continue in
office, the remuneration, in the case of its be-
ing allowed, the way in which the temporary ab-
sence of the general representative or member
of the committee is to be covered, and the regu-
lations for the calling and opening of the gen-
eral ijieeting as well as the functions that are
to be exercised by such meetings, and, generally,
everything that relates to the joint interests of
the bondholders.
The offices of general representative or member of the
committee, notwithstanding any stipulation to the contrary,
are revocable.
ARTICLE 8. The general representative or committee of
the bondholders will have the following powers :
(1) To execute in the name of the bondholders the con-
tract in which their rights are set forth, always
taking care that it is done by public instrument
and registered in accordance with law.
(2) To execute all other contracts and cancellations
that may be necessary in accordance with the
stipulations and condition of the issue, taking
care that they are registered whenever so re-
quired by law.
(3) The provisions of this article shall not deprive the
bondholders of the right of proceeding individ-
uallv and bv executive summary suit for obtain-
ing ihe pMvmenl of the coupons thai may be-
come due or of (lie principal due to each one by
8G2 COMPENDIUM OF MEXICAN LAW.
redemption, and the summary suit may be en-
tered after proving the authenticity of the re-
spective document by comparison with its orig-
inal; but this requisite will not be exacted if
on demanding payment from the proper person
such document is not impugned as being false.
(4) To call the general meetings in accordance with the
forms and conditions provided in the regulations.
(f>) To attend the general meeting of the shareholders
of the debtor company with the right to take
part in the discussion but not to vote, and like-
wise to inspect all the books and documents that
are placed at the disposal of said shareholders.
For this purpose he must be cited to the gen-
eral meeting in the same form as the sharehold-
ers.
(6) To represent the bondholders, judicially, either in
person or by attorney, in all matters that refer to
the exercise of their joint right.
The powers conferred by this Article on the general repre-
sentative or the committee of bondholders exclusively per-
tain to them and cannot be exercised directly by the bond-
holders, except in the cases foreseen uixler Articles 3 and 4
of this law.
AKTICLE 9. In the absence of any special provision in
the regulations referred to in Section 4 of Article 7, the bond-
holders representing at least a fourth part of the bonds sub-
scribed for, will have authority to take judicial proceedings
for the purpose of obliging the general representative or com-
mittee to comply with their duty and demand that a gen-
eral meeting be called. This having been solicited, notice of
the meeting and of the order of the day will be issued at
least three days after the petition, so that it can be held
within the thirty days following.
CORPORATE BOXD LAW. 863
ARTICLE 10. In the event of the permanent absence of
the general representative or of any member of the commit-
tee, his place will be filled in accordance with the provisions
of the regulation referred to in Section 4 of Article 7, and
if for any reason it should be found impossible to proceed in
that form, any one of the bondholders may apply to the ju-
dicial authority in order that it may appoint a temporary
representative, who shall without delay call a general meet-
ing of the bondholders, which will proceed to the election of
a new representative.
ABTICLE 11. The debtor company shall have no power
to dispose, either- wholly or in part, of the funds proceed-
ing from the issue of obligations until the general meeting
referred to in Article 6 has been held and the instrument
under which the rights of the bondholders are secured, has
been signed and registered by the general representative or
committee of the bondholders.
The bank or mercantile house with which the funds have
been deposited will satisfy itself of the fulfilment of this pro-
vision under its own responsibility, and in case of doubt, it
may, before delivering such funds, demand the explicit con-
sent of the general representative or committee of bondhold-
ers.
ARTICLE 12. Whenever the obligations have been is-
sued under special contracts, they will comply with the
requisites referred to in Sections 1, 2, 3, 5, 6, 7, 8 and 9 of
Article 4, and the regulation referred to in Section 4 of
Article 7 must be prepared and set forth in a public instru-
ment before the obligations are issued.
When the obligations are to be issued in favour of a com-
pany, both the aforesaid regulations as well as the appoint-
ments that are to be made, will be valid and binding on all
the shareholders, always provided that they are approved by
the majority of these, unless otherwise provided by the by-
laws of said company.
8G4 COMPENDIUM OK MEXICAN LAW.
ARTICLE 13. The wording of the bonds will succinctly
set forth the data that are required for the notices referred
to in Sections 1, 5 and 7 of Article 4, as well as the date and
place in which the contract is executed authorising the issue,
the date and place of registry of such contract and the min-
utes of the first general meeting of shareholders. The bonds
will be signed by the legal representative of the debtor com-
pany and countersigned by the representative of the bond-
holders.
ARTICLE 14. Every contract authorising the issue of ob-
ligations and the minutes of the first general meeting of the
holders thereof, if the issue be made by public subscription,
will be inscribed in the Commercial Registry of the place in
which the debtor company has its residence.
ARTICLE 15. Articles 173, 203, 204, 205, 210 and 211
of the Commercial Code of the 15th of September, 1889, will
apply to the general meetings of the bondholders as far as
they are not contrary to this law and to the regulations that
must be issued in accordance with Section 4, Article 7.
ARTICLE 1C. In the event of the bankruptcy of a com-
pany that has issued obligations of the class provided for in
Article 3, they shall only appear amongst the liabilities for
the amounts due and unpaid, and for the sum that they
may amount to, after deducting from their present value the
instalments not yet due. This deduction will bo made at the
nominal rate of interest stipulated with respect to such obli-
gations.
ARTICLE 17. -In the event of the bankruptcy of the
debtor company, the bondholders cannot be compelled to pay
instalments on the obligations that may be due at the date of
bankruptcy.
CORPORATE BOND LAW. 8G5
The holders of bonds already issued, or whose issue may
have been contracted for in the Republic before the date of
the present law, will enjoy the benefits thereof as far as
it is not contrary to the legally executed agreements with
the debtor companies, and always provided that they previ-
ously appoint their general representative or committee.
ARTICLE 18. Obligations issued in foreign countries by
corporations or companies (empresas) established in the Re-
public shall be given effect therein, if they possess the fol-
lowing requisites :
I. That the laws of the country in which they are exe-
cuted have been observed in regard to the external form or
solemnities of the contract which authorized their issuance ;
II. That their issuance was made in accordance with laws
of the country in which they were issued ;
III. That the two foregoing circumstances are proven by
a certificate that the contract was executed and the issue
was made in accordance with the laws of the respective
country, issued by the Mexican Minister in said country, or
in the absence of a diplomatic representative, by the Mexican
Consul ;
[V. That the contract which authorizes the issue shall be
protocolized in the Republic, and inscribed in the Public
Register of Commerce in accordance with the provisions of
paragraph 14 of Art. 21 of the Code of Commerce (see Art.
954);
V. That if said obligations are secured by a mortgage,
the latter shall be registered in accordance with the laws then
in force in the State, Federal District, or Territory in which
the property is located. (Amendment of 4 June, 1902.)
ARTICLE 19. The rights and obligations arising from
the contract shall be governed by the laws of the place where
it was executed, provided that the same are not contrary to
prohibitive Mexican laws or to the public order, although the
55
866 COMPENDIUM OF MEXICAN LAW.
contract is to be executed wholly or in part in the Mexican
Republic, unless it is expressly stipulated in the contract
that it shall be governed by the Mexican Law. Obligations
secured by the mortgage of real estate located in the Re-
public shall be governed by the Mexican laws in respect to
everything concerning the mortgage guarantee. (Amend-
ment of 4 June, 1002.)
ARTICLE 20. The Mexican tribunals shall in all cases
be competent and have jurisdiction over controversies which
may arise in respect to obligations contracted in accordance
with this law. (Amendment of 4 June, 1902.)
COMPENDIUM OF MEXICAN LAW. 867
BOOK XXIV.
BOOK OF DOCUMENTS AND FORMS.
CHAPTER 1.
LEGAL FORMS IN SPANISH AND ENGLISH.
Art. 1148. Remarks on Mexican Legal Forms.
114'J. Promissory Note, and Endorsement.
1150. Translatfon.
1151. Note, with Interest and Waiver.
1152. Translation.
1153. Note, payable in Installments, with Collateral.
1154. Translation.
1155. Bill of Exchange.
1156. Translation.
1157. Power of Attorney, by Corporation.
1158. Translation.
1159. Corporate Power of Attorney, ampler Form.
1100. Translation.
1101. Letter of Attorney.
1 1(>2. Translation.
1103. Letter of Attorney for Patent Cases.
1104. Translation.
1105. Petition for Copyright.
1106. Translation.
11G7. Petition for Patent of Invention.
1108. Translation.
I 100. Petition for Patent for Model or Drawing.
I 1 70. Translation.
1171. Petition for .Registry of Trademark.
] 17'2. Translation.
117.'!. Petition for Registry of Assigned Trademark.
1 1 74. Translation.
1175. Petition for Duplicate Certificate.
1170. Translation.
1177. Petition for Extension of Trademark.
1 178. Translation.
1170. Petition for Registry of Advertisement.
1180. Translation.
868 COMPENDIUM OF MEXICAN LAW.
Art. 1181. Petition for Extension of Advertisement.
1182. Translation.
1183. Deed of Sale, by Attorney, with Deferred Payments.
1184. Translation.
1185. Petition for Utilization of Water Power.
1186. Translation.
1187. Petition for Mining Denouncement.
1188. Translation.
1189. Deed of Sale, by Attorney in Fact.
1190. Translation.
1191. Articles of Incorporation.
1192. Translation.
1193. Mortgage securing Corporate Bonds.
1194. Translation.
Art. 1148. Remarks on Mexican Legal Forms. The legal
instruments reproduced in the following pages are those in
most general use in Mexico, and in all instances contain and
illustrate the requisites of such instruments under Mexican
law. Several forms of promissory notes, with their re-
spective endorsements, are shown, together with a draft and
a bill of exchange, and are in the form commonly in use in
civil and commercial transactions. The forms of petitions
for patents, trademarks, etc., are taken from the Regula-
tions of the respective laws ; naturally they are but out-
lines, and require in each instance of practical use to be com-
pleted by a competent expert. The same is true of the other
forms, such as powers of attorney, deed of conveyance, etc.,
which because of the manifold variety of clauses they may
contain under variant circumstances, cannot serve except as
models to be followed in general. But they all conform with
the requirements of the Mexican Law, in respect of all " ex-
ternal and internal solemnities,'* conformity with which is a
requisite of validity. Naturally it will require a lawyer
or some one quite familiar with the Spanish language and
with the legal formalities of Mexican documents, to adapt the
forms to particular instances and concrete cases, where spe-
cial clauses are required. Reference to the Index under
" Special Powers," will indicate all instances in the codes
and laws where special clauses are required for certain acts
LEGAL DOCUMENTS AND FORMS. 869
in Powers of Attorney ; and the Index will also give ready
reference to all places in the text where the legal requisites
of all kinds of instruments are defined. Where the lawyer
reader is yet unable to satisfy himself as to the proper lan-
guage to use in any case, recourse must be had to a specialist
in the matter. . But it is believed that a careful study of the
translations accompanying each instrument will enable the
intelligent reader to select his own form and adapt it to all
practical purposes. As stated in the Preface, the Author
will be pleased to be of any service to those using this Book
who may wish such assistance.
Art. 1149. No. i. PAGARE PROMISSORY NOTE,
AND ENDORSEMENT. 1
Pagare a la orden del Seiior Juan Tenorio en Mexico el
dia 1C de Septiembre de 1910, la cantidad de Mil Pesos,
en moneda fuerte del curio corriente, valor recibido (or en
cuenta, etc.).
Mexico, a 2 de Abril de 1910.
Manuel Perezoso.
ENDORSEMENT.
Paguese a la orden del Sr. Quien Sabe, valor recibido en
efectivo. Mexico, 5 de Mayo de 1910.
Juan Tenorio.
Art. 1150. No. 1. TRANSLATION.
I will pay to the order of Mr. Juan Tenorio, in Mexico
on the 16th day of September, 1910, the sum of One Thou-
sand Pesos, in current silver money, for value received (or
on account, etc.).
Mexico, April 2, 1910.
(Signed) Manuel Perezoso.
1 Both a note and its endorsements must recite the consideration
jiven, or transaction out of which it arose, unless executed by one
merchant in favor of another merchant: such recital may lie briefly:
"for value received." "on account." "value understood." or other
statement of the origin of the debt. Both must be dated.
870 COMPENDIUM OF MEXICAN LAW.
ENDOKSEMENT.
Pay to the order of Mr. Quien Sabe, for value received in
cash. Mexico, May 5th, 1910.
Art. 1151. No. 2. PAGARE NOTE, WITH IN-
TEREST FROM MATURITY, AND WAIVER OF
PRESCRIPTION.
Pagare a la order del Sr. Fulano de Tal, en esta Ciudad
y el dia 16 de Septiembre de 1010, la snma de Mil Pesos,
por valor recibido en efectivo a mi entera satisfaccion, en
calidad de prestamo mercantil.
Si no fuere pnntnalmente cubierta a sn vencimiento la
suma que este documento expresa, pagare ademas de ella el
interes qne corresponda desde la fecha del vencimiento hasta
que sea totalmente cubierta, a razon de seis por ciento anual,
haciendo formal renuncia de la prescripcion y de la fraccion
I del Art. 1044 del Oodigo de Comercio qne la establece.
Mexico, a 2 de Abril de 1910. Mengano de Otrosi.
Art. 1152. No. 2. TRANSLATION.
I will pay to the order of Mr. Fulano de Tal, in this City
on the 16th day of September, 1910, the sum of One Thou-
sand Pesos, for value received in cash to my entire satis-
faction, by way of mercantile loan. If the amount which
this instrument expresses shall not be punctually paid at its
maturity,, I will further pay interest accruing from the date
of maturity until it is fully paid, at the rate of six per cent,
per annum, and making formal waiver of prescription and of
clause I of Art. 1044 of the Commercial Code which estab-
lishes it.
Mexico, April 2, 1910. (Signature.)
Art. 1153. No. 3. NOTE, PAYABLE IN INSTALL-
MENTS, WITH COLLATERAL SECURITY.
LEGAL DOCUMENTS AND FOK.MS. 871
en moncda dc plata coi rientc, en ubonos de d
<fiic pondremos en casa del acrccdor, comcnzando
de la {echa: si fultdsemos d abonos, sc dura pur
vcncido todo cl plazo y haremos el pago en una sola partida dc lo
qiie rcsulteinos deber, cuusando desde la fccha en quc sc faltc al primer
dbono, el intcres mensual, hasta la coniplcta solution; si
falldsemos al payo en las tcrntinos cslipulados, payarcmos al Sr.
como perjuicios 6 pena conventional
d cuuo efecto renuntiamos los arliculos 1313, 1314, 131G y 1317 del
Codiyo Civil, consintiendo en ser requeridos por suerle principal y
pcna, conforme d lo dispuesto en el articulo 1022, fraction 2 a del
Codiyo de Procedimientos, del que renuntiamos cxprcsamente la frac-
tion 4a del mis-mo articulo del titado Codigo. Conscntimos en ser
compclidos por la via ejceutira, si asi convinicre al acrccdor, d cuyo
cfccto renuncianios el articulo 325 del titado Codiyo de Procedimientos.
I'ara garantia del pago, el 8r afecta al pago
his cjcistgncias, ut-iles y enscres de cuyo cornercio
ex de su absoluta propicdad, librc dc todo gravamen, y asi lo con-
scrrard hasta la solution dc cstc adeudo, sujctdndose d lo prcvcnido
en /o.v ai'tinulos 414 y 410 del Codigo Penal, si aparecicre no ser dueno
Icgitimo dc dicha propiedad, la negare 6 afcctare en rnanera alguna.
Haccinos prescnte que en caso de litigio no tcndremos otra excep-
tion que cxponcr que la de pago, justi/icdndola con los rccibos firmados
prccisamcnte por el 8r y dc no presentation al ser
requeridos de payo, no sc nos admitird ninguna otra prueba, d cuyo
fin reiuintiatnos los articulos 301, 302, 303, 1048 y 1049 del mcncionado
Codigo de Procedimientos.
Renuncianios la- exception dc dinero no cntregado, pucs dcolaramos
haberlo rccibido d micstra cnlera satisfaction.
) /xirn sits efcclos firmamos cl prescnte en d
dc dc 19..
Art. 1154. Xo. 3. TRANSLATION.
\Vc will pay, jointly and severally, to the order of Mr.
-, the sum of - - Pesos, which we have received
from him in cash to our entire satisfaction, and which we
will pay to him in current silver money in - - install-
ments of - - Pesos, which we will deliver in the house of
the creditor, beginning - after the date; if we should
fail to make - installments, the entire term will he
taken as matured, and we will pay the balance which may
he due in a single payment, together with interest at the
rate of - - per cent, a month from the date of default
872 COMPENDIUM OF MEXICAN LAW.
on the first installment until the entire payment is made ; if
we should fail to make payment within the stipulated terms,
we will pay to Mr. - , as damages or conventional pen-
alty - - Dollars, and to this effect we renounce Articles
1313, 1314, 131G and 1317 of the Civil Code, and agree
that we may be sued for the principal debt and penalty in
accordance with the provisions of Article 1022, fraction 2,
of the Code of Procedure, and we expressly waive fraction 4
of the said Article of said Code. We consent to be com-
pelled by executive suit, if the creditor so elects, for which
purpose we renounce Article 324 of the said Code of Pro-
cedure.
As a guaranty of the payment, Mr. - - subjects to
the payment all of the stock, tools and implements of - ,
which is his absolute property free from all encumbrance,
and he will so keep it until the payment of this debt, sub-
jecting himself to the provisions of Articles 414 and 41G
of the Penal Code, if it should appear that he is not the law-
ful owner of said property or should deny or encumber it in
any way. We declare that in the event of suit we will inter-
pose no other defense than that of payment, evidenced by
receipts signed by Mr. - , and if we should not pro-
duce the same upon being sued for payment, no other proof
can be offered by us, to which end we renounce Articles 301,
.'5152, 3fi3, 1048 and 1041) of the said Code of Procedure.
We renounce the defense of money not delivered, as we de-
clar.e that we have received it to our entire satisfaction.
For the foregoing purposes we sign these presents in -
on the - - day of - , 19 .
(Signatures.)
Art. 1155. No. 4. LETRA DE CAMBIO BILL OF
EXCHANGE.
$1000.00
Mexico, a 2 de Abril de 11)10.
A la vista (or a - - dias vista) sc stM-vira Yd. mandar
pagar pm- ('-la uuica (or segunda, tcrza, etc.) de Cambio,
LEGAL DOCUMENTS AND FORMS. 873
en la ciudad de Guadalajara, a la orden del Sr. Juan Tenorio,
la cantidad de Mil Pesos; valor recibido en efectivo (or en
cuenta, etc.), quo scntara Vd. en cuenta quo tenemos segun
aviso (or sin aviso) de
s. s. s.
(Signed) Quien Sabe.
Al Sr. Adalberto Calabazas.
Guadalajara, 5a Dcgollado 23.
ACCEPTANCE.
Guadalajara, 3 de Abril de 1010. Acepto.
(Signed) Adalberto Calabazas.
Art. 1156. -No. 4. TRANSLATION.
$1000.00
Mexico, 2 April, 1010.
At sight (or - days' sight) please pay on this first
(or second, third, etc.) of Exchange, in the City of Guadala-
jara, to the order of Mr. Juan Tenorio the sum of One Thou-
sand Pesos, value received in cash (or on account, etc.), which
you will please charge according to advice (or without ad-
vice) to the account of, the undersigned.
(Signed) Quien Sabe.
To Mr. Adalberto Calabazas,
Guadalajara, 5th Degollado St. 23.
ACCEPTANCE.
Guadalajara, 3 April, 1010. I accept.
(Signed) Adalberto Calabazas.
Art. 1157. No. 5. PODER POWER OF ATTOR-
NEY PA' CORPORATION.
En la ciudad de - Condado de - - Estado de
Estados Vnidos do America, cl dia del mes
de - - 10 , ante mi - - Notario Publico en dicho
Condado y Estado, y testigos que a contimiacion se expresan,
comparecieron personalrnente - - y - - en su carac-
874 COMPENDIUM OF MEXICAN LAW.
ter de representantes legales de - una sociedad anoniraa
debidamente organizada conforme a las leyes del Estado de
- siendo el priinero de - - anos de edad, con resi-
dencia en - - Estado dc - - y siendo el segundo de
anos de edad, con residencia en - Estado de
- v dijeron : que necesitando persona a quien confiar en
la Republica .Mexicana los negocios de la eompania, a fin
de que esa persona pueda representarla ante los tribimales y
autoridades, por el presente instruments y en ejercicio de las
facultades que tienen confi-ridas, en nuiabre de la compania,
otorgan: que confieren poder ainplio a los Senores - ,
para que ejercitandolo conjunta 6 separadamente, rep-
resenten a dicba compania en todos los asuntos adinin-
istrativos y judiciales, ya fueren civiles 6 criminales, que
tuviere pendientes 6 en lo sucesivo le ocurrieren en la Re-
publica _Mexicana, otorgando al efecto, a diclios abogados,
todas y cada una de las facultades que las leyes mexicanas
otorgan a los mandatarios, y especial niente las siguientes:
para que representen a la compaiiia en los denimcios de minas,
que actualmente tenga 6 en lo sucesivo tuviere, en las con-
cesiones de tierras, aguas, ferrocarriles, navegacion, pesque-
rias, industrial uuevas con los privilegios inherentes ; para
que soliciten patentes dc invencion, y registren marcas de
fabrica y avisos y nombres com erci ales, asi coiuo tambien,
para (]ue persigan ante las autoridades respectivas, las in-
fracciones y falsificaciones cometidas en contravencion de
esos privilegios; para (|ue soliciten del Ejecutivo el perniiso
necesario pai'a adtpiirir bicnes raices 6 minas dentro de la
zona ])roliil)ida a los extranjeros, ]>ara (jue cobren, demanden
judicialmente y reciban de (juien corresponda cualquiera can-
tidad de dinero, bienes o mercancias (|ue se adeudaren a
la compania, y otorguen los reoibos y cancelaciones corre-
spondicntes ; para que comparexcan en juicio demandando
efendiendo i-n nombre de la compaiiia, para lo cual se
iV.c'iilla ('.\|)r('sanicnte para articular v absolver posiciones,
.i rcfonnccr iii-inas, para df-sistirse, para transigir, judicial
o
LEGAL DOCUMENTS AND FORMS. 875
6 extra judicialmente, para comprometer en arbitros, otor-
gando al efecto en nombre de la compania los instrumentos
necesarios; para recnsar jneces, magistrados y otros fnncion-
arios que por la ley lo fueren ; para otorgar y firm a r todos
los instrumentos privados 6 piiblicos (pie el ejereicio del
presente maiidato requiera; para substituir este poder en su
totalidad 6 en parte, para revocar las substituciones que
hicieren y otorgar otras nuevas, y para que otorguen podcres
y cartas-poder. Otorgadp en presencia de los testigos Sefiores
- y - siendo el primero de - - afios de edad,
y el segundo de - afios de edad, ainbos vecinos de estc
lugar, a quienes doy fe conocer personalmente. Yo el no-
tario, certifieo: baber leido la escritura constitutiva de diclia
compania, debidamente autorizada i>or el Secretario de Es-
tado del Estado de - - los Estatutos y aetas de la misina
debidamente antorizados por el Secretario de dieba compania,
y por la presente, doy fe de (pie en el los se autori/a a los
comparecientes para otorgar poderes en nombre de la com-
pania; y de qne en los inismos eonsta (iue son representantes
legales de ella, debidamente elcetos y babilitados. llabiendo
leido cste instrumcnto a los comparecientes y enterados de su
valor y fuer/a legal, lo firmaron en union dc los testigos y
del subscrito Xotario que da fe.
Art. 1158. X . :>. TKAXSLAT1OX POWER OF
ATTOKXKY JJY COKPOliATIOX.
In tbe City of County of - State of
- United States of America, on the - - day of
19 , before me, a Xotarv Public in and
for said Conntv and State, and the witnesses, who will be
hereinafter named, personally appeared - - and -
as legal representatives of - - a corporation duly organ-
ized under the laws of the State of - - the first being
- years of age, residing in - - Slate of -
and the second - - years of age, residing in -
876 COMPENDIUM OF MEXICAN LAW.
State of - and said : that needing some one to whom the
business of the corporation may be confided in the Republic of
Mexico, in order that such person may represent the corpora-
tion before the Courts and Authorities, by these Presents, and
in exercise of the powers conferred upon them, in the name of
said corporation, they hereby constitute and appoint -
and to be the true and lawful attorneys for said corpo-
ration in the Republic of Mexico, exercising this power either
separately or together, giving and granting unto said attorneys
full power to represent said corporation in all matters, admin-
istrative and judicial, either civil or criminal, which the said
corporation may have now pending, or which, in the future,
may arise in the Republic of Mexico, giving and granting to
our said attorneys all and every faculty which the laws of
Mexico concede to mandataries, and especially the following:
to represent the corporation in the denouncement of mining
claims, which it may have pending, or which it may desire to
file ; in the concessions for lands, water rights, railways, navi-
gation rights, fishery privileges, ne\v industries with the privi-
leges attached ; to solicit patents, trademarks, arid the registry
of commercial names and advertisements, as well as to prose-
cute infringements and falsifications of the same before the
proper authorities; also to solicit from the executive the neces-
sary permit to acquire real estate or mines within the zone
forbidden to foreigners; to collect, sue for, and receive from
the parties who may be indebted to the corporation, monies,
goods or chattels, giving the proper receipts and cancellations
therefor ; to appear before the Courts either as plaintiff or
defendant, in the name of the corporation, for which purpose
they are especially empowered to recognize signatures, to
desist, to settle, either out of or in court ; to name arbitrators,
executing, in the name of the company, the necessary legal
instruments; to recuse judges, magistrates and other officials
who, by law, may be recnsed ; to execute and sign all private
or public documents which the exercise of this power may
require; to substitute this power of attorney in whole or in
LEGAL DOCUMENTS AXD FORMS.
part, to revoke such substitutions and make others; also to
grant powers and letters of attorney. Executed in presence
of the witnesses Messrs. - - and - - the first being
- years of age, and the second - - years of age,
both residents of this place, to me personally known. I, the
Notary, certify : to have read the Articles of Incorporation of
said company, duly authorized by the Secretary of State of
the State of - - the by-laws and minutes of the same
duly authenticated by the Secretary of said company, and I
hereby certify that the same authorize the persons executing
this instrument to give and grant powers of attorney in the
name of the corporation, and that they are duly elected and
qualified officers, of said corporation. Having read and
thoroughly understood the clauses and the force of this in-
strument, the grantors signed same, with the witnesses, and
the subscribed Notary.
Art. 1159. No. G. CORPORATE POWER OF AT-
TORNEYAMPLER FORM', TO GENERAL MAN-
AGER OF COMPANY.
En la Ciudad de St. Louis, Estado de Missouri, Estados
Unidos de America, a Yeintiocho de Julio de 1DO-,
ante mi JOSEPH WIIELESS, Xotario Publico de
dicho Estado, con residcncia en la Ciudad dc St. Louis, y
testigos (nie a! iin se expresaran, comparecieron personalmente
los Sres. Thomas Taggart y Samuel E. Morss, mayores de
edad, comcrciantcs y vecinos de la Ciudad de Indianapolis,
Condado de Marion, Estado de Indiana, Estados Unidos de
America, en su calidad dc Prcsidente y Secretario, respecti-
vamenre, de la Sociedad denominada I X Dl AX A-SOXORA
COPPER & MINING CO., Sociedad debidamente organ-
izada de acuerdo con las leyes del Kstado dc West Yirginia,
lino de los Estados Enidos de America, cuyo asiento de oper-
acioues estil en esta Ciudad, en la cual tiene establecidas
oficinas, con la capacidad legal necesaria, a quienes doy te
conocer v cuya personalidad quoda eomprobada con el acta
de la soinii celebrada \"<r cl Cnnseju d; Admiiiistraeiuii de
878 COMPENDIUM OF MKXIOAX LAW.
dicha Sociedad en la ciudad de Indianapolis, de la cual
aparece que los coinparecientes fueron elegidos respectiva-
niente Presidente y Secret a rio, de lo que doy fe por haber
tenido a la vista el libro de actas respectivo, y protestando los
coinparecientes estar en el ejercicio de su encargo, dijeron:
Que el Consejo de Administracion de dicha Compania por
resolucion aprobada en la sesion que tuvo verificativo el dia
veintidos de Julio de 1D02, que yo el Xotario doy fe haber
tenido a la vista en el libro de actas respectivo, acordu nom-
brar apoderado dc la Compania al Sr. F. A. Provot, de
Bisbee, Territorio de Arizona.
Que en cumplimiento de lo acordado los coinparecientes,
con la personaliclad que tienen acreditada, dan y confieren
poder amplio, bastante y cuanto en derecho se requiera a
dicbo Seiior F. A. Provot, para que en nonibre y represeuta-
cion de la IXDI AXA-SOXORA COPPER & MIXING
CO., rija y administre los bienes que la Compania posee en
la Republica Mexicana y los que en lo sucesivo eu ella ad-
quiera, scan de la clase y naturale/a que fuerau ; para que
investido con la ropresentacion de la Compania gestione y
defienda ya sea ante el Gobieruo Federal de la Republica
Mexicana o ya sea ante el del Fstado Fibre y Soberano dc
Sonera 6 eualesquiera otras autoridades de los Kstados 6
locales, los derech<>> de la Empresa que actualmente tuviere
en virtud de conlratos 6 concesiones celebrados con las men-
cionadas autoridades n los que en lo sucesivo adquiera u ob-
tenga por cual(]uier Titulo legal, y para que promueva cuanto
fu ere necesario n util para la existencia y desarrollo de los
i:.it,'Teses <lt> la ( 'omj)anfa : debala tndo g.'uero de ditVrencias y
celeltre nuevos contratos ya sea con el Ejecutivo Federal <">
cualesquiera otras autoridades adiuiuistrativas de la liepub-
lica Mexicana, ya sea que se relacionen con contratos y con-
cesiones actualmente existentes o <|iie tengan por objeto ad-
(juirir uuevas concrsiones, promoviendo cuanto fuere necesario
para su validex y eimiplimiento \- obtena'a las excncione-,
franquicias y pvivilegio? (pie fueren couducentes para aseii'u-
LEGAL DOCUMENTS AND FORMS.
rar el exito de las conccsioncs actuales 6 de las que en lo
sucesivo se obtuvieran, y modifique tanto los contratos exis-
tentes cuanto los que el mismo apoderado celebrare ; para
que celebre todos los contratos que crea oportuno, sean de la
clase y naturaleza que fneran, con particulares, corporaciones
6 Bancos, y que la Compaiiia puede celebrar con arreglo al
acta constitutiva y Estatutos de la misma ; para que pueda
exijir el cuinpliiniento de todos los compromises ' prometi-
dos 6 contraidos con la Compaiiia, consentir en las esperas 6
quitas que a su juicio fueren necesarias para asegurar alguna
parte de los creditos, y en general practical- 6 determinar que
se practiquen por los empleados de la Compaiiia todas las ges-
tiones que conduzcan a obtener la percepcioii de lo que se
adeudare 6 la ejecuciori de todas las obligaciones que a favor
de la Compaiiia liayan sido contraidas. Para que pida y
tome posesion de los bienes que ])or cualquier titulo pertenez-
can a la Compafna ; para que de y tome cnentas a todas per-
sonas a quienes la Compafiia deba darlas y tomarlas, liacien-
doles cargos, recibiendo sus descargos justos, compctentes y a
derecho conformes, nombrando contadores, partidores y per-
sonas inteligentes para su revision y examen y 1111 tercero para
el caso de discordia. Para que transija, componga y a juste
judicialmente 6 extrajudicialmente todos los pleitos, causas
y negocios que al presentc tenga o en lo sucesivo se le ofrez-
can a la Compafiia, en las cantidades y bajo los requisites y
condiciones que le parezcan couvenientes, pudiendocompro-
meterlos ;i la decision dc arbitros juris 6 arbitradores amiga-
bles coinponedores, con pena convencional 6 sin ella. Para
(jue fomalice 6 acej)te sobrc 1 todos y cada uno de los particu-
lares asentados y los que sc ofrezcan, las escrituras y docu-
mentos correspondientes, con las clausulas, remmcias de leyes
y recursos que crea convenientes 6 necesarios y con los demas
requisites que conduzcan a su estabilidad. Para que presente
para su registro ante el funcionario que corresponda las es-
crituras, contratos y documentos que deban ser registrados
conforme a las leyes de la Republic;) Mexicana. Para que
880 COMPENDIUM OF MEXICAN LA\V.
comparezca ante todas las oficinas administrates, j asi
mismo ante todos los Juzgados y Tribunales competentes de
la expresada Republica, como actor, demandado 6 tercer o-
positor, j ante ellas ponga demandas civiles y criminales, con-
teste las de contrario 6 las niegue, haga toda clase de pedi-
mentos, requerimientos, citaciones, alegaciones, protestas,
suplicas, desistimientos, embargo, desembargo de bienes, venta
y remate de ellos, de que pida y tome posesiones, adjudicacion
y amparo y lanzamiento, pida prnebas, permisos, su restitu-
cion 6 los rennncie, saque y haga compulsar toda clase de do-
cumentos de donde se hallen, con citacion contraria, 6 sin ella,
asista a juntas, audiencias, almonedas y otras diligencias, ar-
ticule y absuelva posiciones, recnse Jueces, Secretaries, Mag-
istrados y demas funcionarios con causa 6 con la simple pro-
testa de la ley, pida reconocimiento de firmas y reconozca las
de los legitimos rcpresentantes de la Compania, pida provi-
dencias precantorias, haga sumision expresa, decline jurisdic-
cion de los Jueces incompetentes, interponiendo la inhibitoria
6 declinatoria correspondientes, oiga autos y sentencias inter-
locutorias y definitivas, consienta lo favorable y de lo adverse
apele y supliquo, siga su grado 6 se desista, ojecute las sen-
tencias que recayeren, y en general para que haga y practique
todos cuantos actos, agencias y diligencias sean conducentes
al mejor desempeilo de este poder que se le confiere con fa-
cultad expresa de interponer toda clase de recursos ordinaries
y extraordinarios, inclusos los de amparo, casacion y respon-
sabilidad de funcionarios publicos y con la de substitu-
irlo en todo 6 en parte por poderes especiales, cartas-poder,
revocar substitutes y apoderados especiales, y nombrar otros
de nuevo, pues a todos los releva on forma la Compania.
Loido que les fuo este instmmento ii los senores comparecien-
tes lo ratificaron y firmaron on union de los testigos que lo
fuoron los Sres. Fulano do Tal y Mengano, vecinos de esta
Ciudad, con la capacidad legal necesaria. Doy Fe.
LEGAL. DOCUMENTS AND FORMS. 881
Art. 1160. Xo. 6. TRAXSLATIOX.
In the City of St. Louis, State of Missouri, United States
of America, on the 28th day of July, 1002, before me,
Joseph Wheless, a Notary Public of said State resident in
the City of St. Louis, and the witnesses hereinafter named,
personally appear Messrs. Thomas Taggert and Samuel E.
Morss, of lawful age, merchants, residents of the City of
Indianapolis, Marion County, State of Indiana, United
States of America, in their capacity as president and secre-
tary respectively of the corporation known as " Indiana-
Sonora Copper & Mining Company," a corporation duly or-
ganized in accordance with the laws of the State of West
Virginia, one of 'the United States of America, and having
its principal place of business in this City, where it has
established offices, and who have the necessary legal capac-
ity, and with whom I am personally acquainted, and whose
personality is proven by the minutes of the meeting held by
the board of directors of said corporation in the City of
Indianapolis, whereby it appears that said parties were
elected respectively President and Secretary, which I cer-
tify through having before me the said minute book, and
making oath that they are in the exercise of their offices, they
said:
That the Board of Directors of said Company by a resolu-
tion adopted at the meeting held on the 22nd day of July,
1902, and which I the Xotary certify from having seen the
said record in the minute book, resolved to appoint Mr. F.
A. Provot, of Bisbce, Territory of Arizona, as the attorney -
in-fact of the said Company.
That in compliance with said resolution, the above-named
parties, in their capacity proven as aforesaid, give and con-
fer ample and sufficient power as in law may be required,
upon said Mr. F. A. Provot, for the purposes that in the
name and as the representative of the Indiana-Sonera Cop-
per cV Mining Company, he may manage and administer
50
882 COMPENDIUM OF MEXICAN LAW.
the properties which the Company owns in the Mexican Re-
public, and such as it may hereafter acquire there of what-
ever kind and nature they may be ; that as the representa-
tive of the Company, he may promote and defend before
the Federal Government of the Mexican Republic, or be-
fore the government of the free and sovereign State of So-
nora, or any other authorities, State or local, the rights
which the Company at present has, or may hereafter acquire,
by virtue of contracts or concessions made with said author-
ities or which it may acquire by any lawful title ; and that he
may do everything which may be necessary or useful for the
existence and development of the interests of the Company ;
that he may settle all kinds of differences and make new
contracts with the Federal Government or any other admin-
istrative authorities of the Mexican Republic, whether in
regard to existing contracts or concessions, or having for
their object the acquisition of new concessions, doing every
thing which may be necessary for their validity and per-
formance; and may obtain such exemptions, franchises and
privileges as may tend to assure the success of the present
and any future concessions which may be obtained, and may
modify existing contracts, and any others which the said
attorney may make; that he may enter into such contracts as
he deems proper, of whatever kind or nature they may be,
with individuals, corporations or banks, which the company
is authorized to execute in conformity with its charter
and by-laws; that he may enforce performance of all the
obligations promised or contracted with the company, con-
sent to the delays or acquittances which in his judgment
may be necessary in order to secure some part of the debts,
and in general may take, or determine that the employes of
the company shall take all steps which may tend to obtain
the collection of all that may be duo or the performance of
all the obligations which may have boon contracted in favor
of the Company: that he may demand and take possession of
the property which by any title belongs to the company;
LEGAL DOCUMENTS AND FORMS. 883
that lie may render accounts to and demand accounting from
all persons to whom the Company should render them or
from whom it should receive them, making all just and law-
ful charges and credits and pointing accountants and in-
telligent persons to revise and examine the same, and a third
person in case of disagreement. That he may compromise,
compose, and adjust judicially or extra-judicially all law
suits, causes and affairs, which the Company has now or in
the future may have, for such amounts and upon such terms
and conditions as he may deem proper, being empowered to
submit the same to the decision of legal arbitrators or friendly
adjusters, with or without conventional penalty. That he
may execute or accept, in respect to the foregoing matters,
and others which may arise, such instruments and docu-
ments as may be proper, with such clauses, renouncements
of laws and recourses as he may deem proper or necessary,
and with such requisites as may tend to their efficiency.
That lie may present for registration before the proper offi-
cials such instruments, contracts and documents as require
to be registered according to the laws of the Mexican Re-
public. That he may appear before all the administrative
officers, as well as before all the competent courts of the said
Republic, as plaintiff, defendant or intervenor, and may
institute before them civil and criminal suits, answer or deny
those brought against him, make all kinds of petitions,
requisitions, citations, pleadings, protests, requests, with-
drawals, embargos and releases of embargos of property, sale
and auction of the same, of which he may demand and take
possession, adjudication, ainparo and levy. Demand
proofs, permits, and making restitution or renouncement of
the same; that he may make and have made copies of all
kind- of documents wherever they may be, with or without
eitati'Mi to the opposite party; that he may attend meetings,
hearings, auction sales and other proceedings, propound and
answer interrogatories, challenge judges, secretaries, magis-
trates, and other officials for cause or by simple legal pro-
884: COMPENDIUM OF MEXICAN LAW.
test ; demand the acknowledgment of signatures and ac-
knowledge those of the lawful representatives of the com-
pany ; demand precautionary measures, make express sub-
missions, and decline the jurisdiction of incompetent judges,
interposing the corresponding legal procedure ; hear inter-
locutory and definitive autos and judgments, consent to those
which are favorable and appeal from those which are adverse,
and prosecute or dismiss the same, execute the judgments
which may be rendered, and in general that he may do and
practice all such acts, agencies and proceedings as may tend
to the best performance of this power which is conferred
upon him, with the express authorization to interpose all
kinds of ordinary and extraordinary recourses, including
those of amparo, cassation and responsibility of public offi-
cials, and with the power of substitution in whole or in part
by special powers of attorney and letters of attorney, to re-
voke substitutes and special powers of attorney, and to ap-
point others anew, as the company formally relieves them
all. This instrument being read to the said appearing par-
ties they ratify and sign it, together with the witnesses,
who were Messrs. - - and - , residents of this
city, with the necessary legal capacity.
I attest.
(Signatures of President, Secretary, Notary and Wit-
nesses.)
Trt. 1161. Xo. 7. CARTA-PODER LETTEE OE
ATTORNEY.
Mexico, a de de 10 .
#r
Por la presence confiero a I'd. podcr dmplio, cumplido y
para (JHC me represent? e/i
LEGAL DOCUMENTS AND FORMS. 885
as'i como para contestar las demandas y reconvencioues que
a proposiio de esle ncgocio se entablen en mi contra; para que
en mi propia representation promueva e intervenga en las
tercerias y cualesquiera otros incidentes que, con molivo del
mismo asunto, se susciten; para oponer excepciones peren-
torias 6 dilatorias, reconocer firmas, presentar, reconocer y
pcdir que se reconozcan documcntos y redargmr de falsos
los que para su rcconodmicnto le fueren presentados; para
articular y absolver posiciones y rcndir las demds pruebas
autorizadas por la Ley, pudiendo, para ese objeto, pedir ter-
minos, ya sean ordinarios 6 extraordinarios y prorroga de los
mismos; para repreguntar y lacliar testigos, nombrar y re-
cusar peritos, asistir a loda clase de diligencias judiciales, in-
clusos los remates, embargos y almoncdas y representarme en
los que en mi contra se decreten; para constituir y rccibir
en mi nombre dcpositos judiciales 6 extra judiciales, pudiendo
Ud. otorgar y recabar los documentos con que todos estos
actos se acreditcn; para oir resolu.cioncs judiciales interlocu-
torias 6 dcfmitiuas, consentirlas 6 interponer contra ellas los
recursos que estime procedentes, incluso los de casacion y
amparo de garantias; para intentar y proseguir las accioncs
del orden penal que, con motivo de este negocio, proccdan ;
para recusar con 6 sin causa jueces superiores 6 inferiores;
para dcsistir del juicio; transigir judicial 6 extrajudicial-
mente y comprometer en drbilros; para substiluir el presents
mandato en favor de la persona 6 pcrsonas que crca conve-
nicntcs; para rcrocar dicJias subslituciones y Jiacer ofras nue-
vas, y en fin-, para todos los demas actos a que se refiere la Ley.
Tendre por firme y- raledero y ratifico desde hoy cuanto
Ud. liaga en- el negocio cuya procuration le encomicndo por
medio de la present e.
Soy de Ud. Afmo. S. S.
Art. 1162. Xo. 7. TRANSLATION.
Mexico, - - day of - , 19 .
886 COMPENDIUM OF MEXICAN LAW.
1 hereby confer upon you ample, complete and sufficient
power to represent me in
>
also to answer all demands and claims which may be pre-
sented against me in regard to the said business ; that as un-
representative you may institute and intervene in all inter-
ventions and other incidents which may arise in the course
of said business ; to interpose peremptory or dilatory excep-
tions, acknowledge and demand the acknowledgment of docu-
ments, and impeach as false those which may be presented
to you for acknowledgment ; to propound and answer inter-
rogatories and produce other proofs authorized by law, and
for such purpose, you may request ordinary and extraordi-
nary terms and extension of the same ; to cross-examine and
impeach witnesses, appoint and challenge experts, be present
at all kinds of judicial proceedings, including judicial sales,
embargos and auctions, and to represent me in those which
may be ordered against me: to make and receive in my name
judicial or extra-judicial deposits, executing and requiring
the execution of the documents evidencing all such acts; t<
hear interlocutory or definitive judicial decisions, and to
consent to them or to interpose against them such recourses
as you may deem proper, including those of cassation and
ainparo ; to institute and prosecute any penal actions which
may arise in regard to this business: to challenge superior
or inferior judges with or without cause: to dismiss the
suit: to compromise judicially or extra- judicially and to sub-
mit to arbitration : to substitute this power of attorney in
favor of such person or persons as you mav deem proper,
and to revoke such substitutions and make new ones, and
finally, for all other acts permitted by law.
I hereby ratify and will hold as valid and binding from
this day whatever you may do in the business which is here-
by intrusted to you in which to represent me.
Yours verv trulv.
LEGAL DOCUMENTS AND FOKMS. 887
Art. 1163. No. 8. CARTA-PODER LETTER OF
ATTORNEY BEFORE PATENT AND TRADEMARK
OFFICE.
- de 190
Sr.
Presente.
Muy Senor mio :
Por la preseiite doy a Ud. mi podcr amplio, cumplido y
bastante para quc a mi nombre y representacion solicite dc
la Oficina de Patentes y Marcas de la Republica
asi como para contestar ante los Tribimales las demandas en
mi contra, pedir revocacion de resoluciones administrativas,
rendir toda clase de pruebas, articular y absolver posiciones,
recusar lo realisable, oir autos y sentencias, consentir los
favorables, y pedir revocacion, apele, suplique 6 interponga
el recurso de casacion 6 amparo de los adversos, trance o de-
sista, perciba documentos y valores y otorgne recibos y cartas
de pago, presentar, cori-eg'ir, aclarar o retirar solicitudes,
dibujos, descripciones o reivindicaciones, pedir examenes 6
reposiciones de titnlos o documentos, o registro de trasj)asos
de derechos, abonar pagos, recibir notificaciones y avisos, sub-
stituir eu todo 6 en parte la presente, revocar snbstituciones
y nombrar de nnevo, ratificando desde boy todo lo qne Ud.
liaga en este particular.
De Ud. afmo. S. S.
Art. 1164. No. 8. TRANSLATION.
Mexico, day of , 19 .
M if Dear Sir:
I bereby confer upon you, ample, complete and sufficient
power, for me and in my name to solicit from the Patent,
and Trademark Office of the Republic (here insert, name
and character of the invention, trademark, etc., stating fully
COMPENDIUM OF MEXICAN LAW.
what the attorney is to do) ; also to answer before the
Tribunals any suits brought against me; to request the revo-
cation of administrative decisions ; to render all kinds of
proofs ; to propound and answer interrogatories, to make
challenges wherever proper; to hear autos and judgments,
and to consent to those which are favorable, and ask the rev-
ocation, and to appeal or interpose the recourse of cassation
or amparo against those which are adverse, and to settle or
dismiss the same; to receive documents and valuable secur-
ities and to execute receipts and acknowledgment of pay-
ments; to present, correct, explain or withdraw petitions,
drawings, descriptions or claims; to request examinations or
the replacing of titles or documents, or the registry of as-
signments of rights ; to make or accept payments on account ;
to receive notifications and notices ; to substitute this power
in whole or in part, and revoke substitutions and make new
appointments ; and I ratify from this day all that you may do
in the premises.
Yours very truly.
Art. 1165. Xo. 9. PETITION FOE COPYEIGHT.
(50ct. Stamp).
C. Secretario de Instruccion Publica y Bellas Artes :
El subscripto, Joseph Wheless,
con domicilio en el Hotel Iturbide en esta Capital, ante
listed con el clebido respeto expone :
Que con fundament o del Articulo 1234 del Codigo Civil,
se resorva los derechos de la propiedad literaria que le co-
rrosponde respecto de la obra intitulada " Compendium of
Mexican Law," do la cual es autor, y a Usted pide se
sirva hacer la declaracion de ley, a cuyo efccto acompano los
dos ejemplares de la mencionada obra, protestando a Usted
mi respeto.
JOSEPH WIFELESS.
W-xico, L>:> de Julio do 1010.
LEGAL DOCUMENTS AND FORMS. 889
Art. 1166. No. 9. TRANSLATION.
Hon. Secretary of Public Instruction and Fine Arts:
The undersigned, Joseph Wheless, domiciled in the Hotel
Iturbide in this capital, before you with due respect declare :
In accordance with Article 1234 of the Civil Code, I re-
serve the rights of literary property to which I am entitled
in respect of the work entitled " Compendium of Mexican
Law," of which I am the author, and I request that you
will please make the declaration required by law for which,
purpose I send herewith the two copies of the said work, as-
suring you of my respect.
(Signed) JOSEPH WHELESS.
Mexico, - day of - , 19 .
Art. 1167. No. 10. APPLICATION FOR PATENT
OF INVENTION.
Patente nuinero - .
(50ct. Stamp).
Expediente iiiimero .
Senor Director de la Oficina de Patentes y Marcas:
Deseando obtener ima
patente de invencion por lo que en seguida se refiere,
acompafio a esta solicitud, por triplicado, los docunientos que
previene la ley vigente en su Articulo 9, debidamente autori-
zados con mi firma.
Objeto de la invencion .
Nombre y profesion de - - inventor -
Domicilio de - inventor - .
Nombre del apoderado - .
Domicilio del apoderado - .
Lugar para recibir las notificaciones - .
Mexico, -de - - de 19 .
(Firma del Inventor)
NOTE. The foregoing should be entirely typewritten.
890 COMPENDIUM OF MEXICAN LAW.
Art. 1168. No. 10. TRANSLATION.
Patent number .
Application number - .
Director of the Office of Patents and Trademarks:
Desiring to obtain a patent of invention for the device
hereinafter referred to I send you herewith in triplicate the
documents required under Article 9 of the law now in force,
which are duly executed by me.
Object of the invention - .
Name and profession of the inventor .
Residence of the inventor .
Name of the attorney in fact - .
Residence of the attorney in fact - .
Place where notices may be sent .
Mexico, - - of - , 19 .
(Signature of Inventor).
Art. 1169. No. 11. APPLICATION TOR PATENT
FOR MODEL OR INDUSTRIAL DRAWING.
Same as No. 10, except: Descando obtener una patentc
por Modelo 6 Dibujo industrial, por lo que abajo so refiere,
acompafio a esta solicited por triplicado, una descripcion y
reivindicacion complete y demiis documentos que previene la
ley.
Art. 1170. No. 11. TRANSLATION.
Same as Xo. 10, except: Wishing to obtain a patent for
an industrial model or drawing for the object below men-
tioned, I remit with this petition, in triplicate, a complete
description and claim, and the other documents required
by law.
NOTE. It is idle to give examples of descriptions and
claims, as each must be in the technical language required
by the nature' of the invention, and must of course be the
work of an expert.
LEGAL. DOCUMENTS AND FORMS. 891
Art. 1171. No. 1-2. APPLICATION FOR REGIS-
TRY OF TRADEMARK.
Marco numero - .
(50ct. Stamp).
Expedience numero .
Sefior Director do la Oficina de Patcntcs y Marcas :
Deseando obtener
el registro do la marca cuyo facsimile va adjunto, acoinpafio
a esta solicitud los documentos y cliche a que se refiere el Art,
o de la Ley.
Nonibre del propietario de la marca - .
Domicilio del misino - .
Ubicacioh de la fabrica 6 establecimiento comcrcial .
Nombre de la misma - .
Articulos a que se aplica la nueva marca - .
Nombre del apoderado - .
Domicilio del misino .
Lugar para recibir notificaciones - .
Mexico, dc - - de 1!) .
(Signature of applicant or his attorney.)
Art. 1172. No. 1-2. TRANSLATION.
Mark No. - -.
Application number - .
Director of the Office of Patents and Trademarks:
Wishing
to obtain the registry of the Trademark, a facsimile of which
is hereto attached, I remit \vith this petition the documents
and cliche required by Article ;J of the Law.
Name of the owner of Trademark - .
Domicile of the same - .
Location of the factory or commercial establishment
Xame of the same - .
Articles to which the new trademark is to be applied
892 COMPENDIUM OF MEXICAN LAW.
Name of the attorney in fact - .
Domicile of the same - .
Place at which to receive notifications .
Mexico, - day of , 19 .
Art. 1173. No. 13. APPLICATION FOR REGIS-
TRY OF ASSIGNED TRADEMARK.
Marca numero .
Expediente numero .
(50ct, Stamp).
Sciior Director de la Oficina de Patentes y Marcas :
Estimare a Yd. que se
sirva registrar que la marca cuyo ejemplar acompano, ha
sido adquirida desde el - - de - - de 19 por
, a cuyo fin acompano el dooumento original y su copia.
Numero de registro de la marca - .
Titulo de la marca - .
Nombre del antiguo poseedor - .
Productos que ampara - .
Mexico, - - de - -de 19.
(Signature of applicant or his attorney.)
Art. 1174. No. 13. TRANSLATION.
Trademark Xo. - .
Application No. - .
Director of the Office of Patents and Trademarks:
You will
please register the trademark a copy of which is hereto at-
tached, which was acquired on the - - day of - ,
19 , by - , for which purpose I remit the original
document and a copy of the same.
Register number of the trademark .
Title of the trademark - .
LEGAL DOCUMENTS AND FORMS. 893
Xame of the former owner .
Articles protected by the trademark - .
Mexico, - day of , 19 .
Art. 1175. Xo. 14. APPLICATION FOR DUPLI-
CATE.
Marca numero - .
Aviso numero - .
(50ct. Stamp).
Expedicnte numero .
Seilor Director de la Oficina de Patentes y Marcas :
Deseando ohtener
el duplicado del certificado numero - - del registro de
la marca (6 aviso) de la (casa comercial, fabrica, etc.) quc
gira bajo la razon social - , he de merecer a Yd. se
sirva dictar sus superiores ordenes para que, de conformidad
con el Art. 13 del Ixeglamcnto respective, se me extienda el
duplicado de dicho titulo, por habersc extraviado el original
(6 la causa que motiva la solicitud).
Titulo de la marca - .
Xombre del propietario .
Domicilio del mismo .
Ubicacion de la fabrica, etc. - .
Articulos que ampara la marca - .
Mexico, - - de - - de ID.
(Xame and rubric of the applicant or his attorney.)
Art. 1176. Xo. 14. TKAXSLATIOX.
Trademark Xo. - .
Advertisement Xo. - .
Application Xo. - .
Director of the Office of Patents and Trademarks:
Wishing
to obtain the duplicate of the certificate Xu. - - of the
894- COMPENDIUM OF MEXICAN LAW.
registry of the trademark (or advertisement) of the (com-
mercial house, factory, etc.) known under the firm name
<>f - , will you please order a duplicate of said title to
be issued to me, in accordance with Art. 13 of the Regula-
tions, for the reason that the original of said document has
been lost (or other legal reason of the petition).
Title of the Trademark - .
Xame of the owner .
Domicile of the owner .
Location of the factory, etc., - .
Articles protected by the trademark - .
Mexico, - day of , 1 9 .
Art. 1177. Xo. 15. APPLICATION FOR EXTEX
SIOX OF TRADEMARK.
-\iarca numero -
Expediente numero - .
(HOct. Stamp.)
Senor Director de la Ofieina de Patentes y Marcas:
El clia - - de
de 19 se vence el plazo de viente afios dc la marca
numero - , y como se desea seguir usandola con arreglo
a la ley de la materia, suplico a Yd. quo se prorrogue el plazo
por otros veinte ahos, a cuyo efecto acompano un ejemplar
de la marca.
Xombre del propietario de la marca - .
Domioilio del mismo .
Titulo de la marca - .
rbicjicit'n de la fabrica o establecimiento comercial - .
Xombre de la misma - .
Artfculos a que se aplica la marca - .
Xombre del apoderado -
Domicilio <lel rnisino - .
J)ireccion para recibir notificacione? - .
Mexico, - de - - de 1 J)
LEGAL DOCUMENTS AXD FORMS.
Art. 1178. Xo. 15. TRANSLATION.
Trademark No. - .
Application No. - .
Director of the Office of Patents and Trademarks:
On the
- day of , 19; , the twenty-year term of the
trademark No. will expire, and as it is desired to
continue using the trademark, in accordance with the law on
the subject, 1 request you to extend the term for another
period of twenty years, for which purpose I herewith remit
the copy of the trademark.
Name of the owner of the trademark .
Domicile of the owner - .
Title of the trademark - .
Location of the factory or commercial establishment
Name of the same .
Articles to which the trademark is applied - .
Name of the attorney in fact - .
Domicile of the same .
Address for receiving notifications - .
Mexico, day of , 10 .
Art. 1179. No. 16. APPLICATION FOR REGIS-
TRY OF ADVERTISEMENT.
(5 Oct. Stamp.)
Aviso numero .
Expedience numero - .
Sennr Director de la Oficina de Patente? y Marcas :
Sirvase Yd. rnnndar
registrar el aviso comercial quo aeompailo, y que se drstina
ti ammciar - , a cuyo efccto remito el cliclu' y docu-
meutos a que se reficre el Articulo respect ivo del reglameulo
de h. lev.
89G COMPENDIUM OF MEXICAN LAW.
Xombre del propictario
Domicilio del mismo -
Xombre del apoderado
Domicilio del mismo
Direccion para recibir notificaciones .
Mexico, de de 10 .
(Signature of applicant or his attorney.)
Art. 1180. Xo. 1G. TRANSLATION.
Advertisement Xo. - .
Application Xo. - .
Director of the Office of Patents and Trademarks :
You will
please order the registration of the accompanying commer-
cial advertisement, which is intended to advertise (state the
article), for which purpose I remit the " cut " and docu-
ments required by the regulations of the law.
Xame of the owner - .
Domicile of the same - .
X'ame of the attorney in fact .
Domicile of the same .
Address for receiving notices - .
Mexico, - day of , 19 .
Art. 1181. Xo. 17. APPLICATION FOR EXTEN
SIOX OF ADVERTISEMENT.
Aviso numero .
Expediente numero .
(50ct. Stamp).
Sori or Director de la Oficina de Patentes y Marcas:
Debiendo vencerse el
-de - - do 19 el plazo por el que se registro el
uvi-^o coinercial, cuyo numero esta arriba, suplico a Vd. que se
LEGAL DOCUMENTS AXT) FORMS. 897
renueve el registro para quc pueda seguirse usando por otros
- aiios.
Objeto 6 negociacion quo anunciara cl aviso - .
Nombre del propietario .
Domicilio del mismo .
Nombre del apoderado .
Domicilio del mismo - .
Direccion para recibir notificaciones - .
Mexico, - -de - - de 19 .
(Signature of applicant or his attorney.)
Art. 1182. No. 17. TRANSLATION.
Advertisement NO. - .
Application No. - .
Director of the Office of Patents and Trademarks:
As the
term for which the commercial advertisement under the above
number was registered will expire on the - day of
, 19 , I request you to renew the registration in or-
der that the use of it may be continued for another period
of years.
Object or business advertised by the advertisement - .
Name of the owner .
Domicile of the same .
Name of the attorney in fact
Domicile of the same
Address for receiving notifications - .
Mexico, day of , 19 .
Art. 1183. No. 18. COMPRA-VENTA DEED OP
SALE, BY ATTORNEY, WITH DEFERRED PAY-
MENTS.
En la ciudad de San Louis, Mo., U. S. A., a los dioz y
seis dias del mes de febrero del ario de mil novecientos siote,
XOSOTROS: Carolina Bloke de Doe, representada por
su esposo don Juan Doe, por la primera parte, quien
898 COMPENDIUM OF MEXICAN LAW.
tambien concurre a este acto para prestarle su consenti-
miento, domiciliado en Autlan, Jalisco, Mexico, y por otra
parte el senor John Dill, de esta ciudad, con oficina en el
numero 411 Olive St., el primero minero, comerciante el
segundo y ambos con capacidad legal, hemos convenido en
celebrar un contrato de compraventa de ciertas propiedades
mineras, a cuyo efecto el senor Juan Doe expuso: que el
veinthmo de enero del presente ano y conforme al articulo
ochenta y cinco de la ley del Xotariado, la seiiora Carolina
Bloke de Doe, su legitima esposa, le otorgo ante el Xotario
licenciado Alejandro Yariez su poder general, sin limitacion
alguna facultandolo expresarnente para que celebre todo
genero de contratos, bien scan estos de venta, permuta, etc.,
y para que otorgue los documentos publicos 6 privados que
demande el ejercicio de sus facultades ; que este mandato,
cuyo testimonio exhibe en el presente acto, no ha sido revo-
cado, ni limitado por acto posterior de su citada poderdante
y por tanto, haciendo legitimo uso de sus facultades, vende,
cede y traspasa en noinbre de la senora Carolina Bloke de
Doe, y en favor de don Juan Dill, todo dominio, posesion
y usufructo que su poderdante dene en las siguientes pro-
piedades mineras: (Here follows description).
Las seis ultimas propiedades mineras arriba cxpecificadas,
es decir, exceptuando Yolcancillos, fueron tituladas por el
Ciudadano Presideutc de la Republica de Mexico, en las
fechas y bajo los niimeros indicados, en favor del senor
Juan Mann, quien las traspaso al senor David P. Richard-
son, sei>un consta de la escritura publica extendida. en la
ciudad dc Autlan, Estado de Jalisco, Mexico, bajo el numero
cincuenta y tres, el diez y ocho de noviembre de mil no-
vecieutos cinco, ]>or ante el senor Xotario don Zsferino
Reyes Ramirez. A su vez el senor David P. Richardson,
segun escritura publica pasada bajo la autoridad del Xotario
Alejandro Yaiicz, el dia once de septiembre de mil novecien-
tos seis, enajenu a favor del senor Juan P. Delaney, dichas
propiedades mineras, siendo este ultimo el cansa-habiente de
LEGAL DOCUMENTS AND FORMS. 899
los derechos de propiedad de la sefiora Carolina Bloke de
Doe, segun se comprueba con el testimonio de la escritura
publica otorgada bajo el numero ciento cuarenta y siete, en
la ciudad de Autlan, Estado de Jalisco, Mexico, el once de
septiembre de mil novecientos seis, ante el Xotario don
Alejandro Yanez, debidamente registrada bajo las inscrip-
ciones numeros ciento veintiuno a la ciento veintiseis inclu-
sive, cuyos respectivos documentos exbibio en este acto el
seuor Juan Doe. Continuo diciendo este mismo senor que
obrando de entera conformidad con las instrucciones que tiene
de su poderdante la senora Carolina Bloke de Deo, y dando
tambien en su propio nombre su expreso consentimiento,
como legitimo esposo de la contratante, vende las minas de-
scriptas al seiior Juan Dill bajo las condiciones siguientes :
Primera. El precio de la venta es la suma de doce mil
quinientos dollars moneda americana por la niina denom-
inada " Volcancillos " y el de ocho mil quinientos dollars,
tambien moneda americana, por el conjunto de las otras seis
minas restantes, denunciadas por Juan Mann. Segunda.
Dichas dos cantidades seran cubiertas separadamente dentro
del termino de tres afios contados desde boy, en la forma
siguiente: Con referenda al lote de veinticinco mil dol-
lars, con la suma de cien dollars mensuales durante los
tres afios dichos que se entregaran en esta ciudad al
Banco que elija la vendedora Dona Carolina Bloke de Doe
el dia preciso de su vencimiento y ademas al cumplirse el
primer ano el veinte por ciento de la cantidad restante ;
al fmalizar el segundo ano otro veinte por ciento de lo que
entonces se adeudc ; y al venccrse el ultimo plazo 6 sea el
tercer ano lo que falte para cornpletar los veinticinco, digo,
los doce mil quinientos dollars oro americano. Igual forma
de pago se observant con los ocbo mil quinientos dollars
que corresponden al precio de las otras minas, con la unica
cliferencia de que los pagos, tanto mensuales como auuales,
deberan bacerse en esta ciudad en el Banco que elija el
scfitir Juan Mann, a cuvo efecto la sefiora Carolina Hloke
900 COMPENDIUM OF MKXJCAX LAW.
de Doe renuncia en este acto dicha suma transfiriendo todos
sus derechos a dicho senor Juan Mann, cuyo actual domicilio
es el Estado de Jalisco, Mexico. Tercera. Si el com-
prador Mr. John Dill al veneer alguna de las anualidades,
no pudiere verificar el pago, lo hard sin responsabilidad
alguna al ano siguiente, pero sin que por ningun motivo deje
de pagar las mensualidades de dos cientos pesos, pues sobre
este punto han convenido en que si se dejan de pagar tres
mensualidades consecutivas, por este solo hecho se dara por
rescindido el presente contrato, perdiendo el sefior John Dill
las cantidades que hasta entonces tuviere entregadas.
Cuarta. En virtud de este contrato el sefior John Dill
entra desde luego en posesion de las minas y por lo mismo
puede explotarlas, vender los metales y hacer con ellas cuanto
estime conveniente, adviertiendo qne aun en el caso de que
el presente contrato no se llevare adelante, el sefior John
Dill dispondria de los metales extraidos hasta entonces, sin
obligacion de rendir cuentas. Quinta. En caso de que
el sefior don John Dill enajenare las minas antes de haber
consolidado la propiedad por pago total de los precios estipu-
lados, pasaran al comprador las mismas obligaciones y
derechos que contiene este contrato. Sexta. Los precios
aqui estipulados son los justos y legitimos de las minas ven-
didas, que no valen mas ; pero para el caso de que mas
valieren, la sefiora Bloke de Doe hace donacion del exceso
en favor del comprador y al efecto renuncia el derecho que
podria tener para rescindir este contrato por lesion li otro
motivo y lo dispuesto en los articulos mil seis cientos cin-
cuenta y ocho, mil seis cientos sesenta y dos y dos mil
ochocientos noventa del Codigo Civil Mexicano. Que las
relacionadas minas estan libres de todo gravamen y al
corriente en el pago de sus contribucioncs y que el vendedor
obliga sus bienes presentes y futuros a la eviccion y saneami-
ento del presente contrato. Ademas estti convenido que
cualquier defecto o nulidad en todos o cada uno de los titulos
dc dichas propiedades mineras, materia de este contrato,
LEGAL DOCUMENTS AND FORMS. 901
dara derecho al scnor John Dill 6 sus causa-haLicntes para
la rescision de todas las obligaciones contenidas en cste con-
trato, quedando completamente relevado el 6 sus represen-
tantes de todo pago por virtud de este convenio. En caso
de que el sefior John Dill, 6 sus representantes, den exacto
y fiel cumplimiento a este contrato, haciendo todos los pagos
en el prevenidos, la sefiora Carolina Bloke de Doe se ohliga
a extender en favor del sefior John Dill 6 sus representantes,
el mas cumplido finiquito, que sera considerado como el mas
absolute 6 irrevocable titulo de dichas propiedades mineras,
cumpliendo en este acto con todas y cada una de las con-
diciones exigidas por la ley de los Estados Unidos de Mex-
ico, sin gravamcnes 6 sobrecargos de ninguna clase. Tam-
bien es especialmente converddo entre los contratantes,
en el caso de perdida de los derechos de propiedad de estas
minas, por culpa, motive, omision 6 cualquiera otra causa
de la sefiora Carolina Bloke de Doe referidas en este con-
trato, la segunda parte 6 sea John Dill 6 quien su derecho
represente quedara completa y definitivamente relevado de
toda obligacion nacida en este convenio. En testimonio de
lo cual las partes contratantes firniaron de su pufio y letra
el presente contrato, siendo las once de la mafiana del dia,
mes y afio mencionados en la ciudad de San Louis, Mo. U.
S. A. Se hace constar que el Banco elegido por el apoderado
de la sefiora Carolina Bloke de Doe, es el " St. Louis L'nion
Trust Company, cuya oficina esta en Fourth and Locust
Streets de esta ciudad de San Louis Missouri. = El ven-
dedor.= John Doe.= El comprador, = John Dill. = Attor-
ney in fact for Carolina Bloke de Doe.= Testigos.= F.
Kobleda. T. P. de Montfort.
Art. 1184. Xo. 18. TRAXSLATIOX.
In the City of St. Louis, Mo., V. S. A., on the l(3th
day of the month of February of the year 1!M)7, \ve, Caro-
lina Bloke de Doe, represented by licr husband John Due, for
902 COMPENDIUM OF MEXICAN LAW.
the first party, who also concurs in this act in order to
grant her his consent, domiciled in Autlan, Jalisco, Mexico,
and for the other party Mr. John Dill, of this City, with
office at Xo. 411 Olive St., the first a miner, and the sec-
ond a merchant, and both with legal capacity, have agreed
to execute a contract of purchase and sale of certain mining
properties, to which effect Mr. John Doe declared : that on
the 21st of January of the present year, and according to
Article 85 of the Xotarial Law, Mrs. Carolina Bloke de
Doe, his legitimate wife, executed to him before the Xotary
Alejandro Yanez her general power of attorney without any
limitation, expressly empowering him to execute all kinds
of contracts, whether of sale, exchange, etc., and to execute
such public and private documents as the exercise of these
powers may require ; that this power of attorney, a certi-
fied copy of which he exhibits in the present act, has not
been revoked nor limited by any subsequent act of his
grantor aforesaid, and therefore, making legitimate use of
his powers, he sells, grants and conveys in the name of Mrs.
Carolina Bloke de Doe, and in favor of Mr. John Dill, all
dominion, possession and usufruct which his grantor has in
the following mining properties : (Here follows description).
The six properties last above specified, towit, excepting
" Volcancillos," were granted by the C. President of the
Republic of Mexico, on the dates and under the numbers in-
dicated, in favor of Mr. John Mann, who conveyed them to
Mr. David P. Richardson, as appears by the public deed
of writing executed in the city of Autlan, State of Jalisco,
Mexico, on the 18th day of November, 1905, before the
Xotary Zeferino Reyes Ramirez. Thereafter Mr. David P.
Richardson, by public deed executed before the Xotary Ale-
jandro Yafiez, on September llth, 190G, conveyed said min-
ing properties in favor of Mr. John P. Delaney, the latter
being the causa-lidbiente of the rights of property of said
Mr-. Carolina Bloke do Doe, as is proved by the certified
copy (if the public deed executed under the number 147, in
LEGAL DOCUMENTS AND FORMS. 903
the city of Autlan, State of Jalisco, Mexico, on the llth of
November, 190G, before the Notary Alejandro Yanez, duly
registered under the inscriptions numbers 121 to 120, inclu-
sive, which respective documents the said Mr. John Doe
exhibited in this act.
And said Mr. John Doe further declared : that proceeding
in full conformity with the instructions which he has from
his principal, said Mrs. Carolina Bloke de Doe, and giving
in his own name his express consent as the legitimate hus-
band of the contracting party, he sells the above-described
mines to Mr. John Dill under the following conditions:
First : The price of the sale is the sum of twelve thou-
sand five hundred dollars, American money, for the mine
known as " Yolcancillos," and that of eight thousand five
hundred dollars, also American money, for the group of
the other six mines remaining, denounced by John Mann.
Second : Said two amounts shall be paid separately with-
in the term of three years counted from to-day, in the
following manner : with reference to the sum of twenty-five
thousand dollars, by the sum of $100.00 monthly during
the said three years, which shall be delivered in this city
to the bank which the seller, Mrs. Carolina Bloke de Doe,
may select, on the exact day on which it becomes due, and
moreover at the expiration of the first year twenty per cent,
of the amount remaining due ; at the end of the second year
another twenty per cent, of what is then owing, and at the
end of the term of the third year, what yet remains to
complete the twenty-five thousand, that is, the twelve thou-
sand five hundred in American gold. A like method of
payment shall be observed with the eight thousand five hun-
dred dollars representing the price of the other mines, with
the only difference that the payments, both monthly and an-
nual, shall be made in this city to the bank which may be
selected by Mr. John Mann, to which effect Mrs. Carolina
Bloke de Doe renounces in this act the said sum. transferring
90-i COMPENDIUM OF MEXICAX LAW.
all her rights to s#id Mr. John Mann, whose present domicile
is the State of Jalisco, Mexico.
Third: If the purchaser, Mr. John Dill, cannot make
any of the annual payments as they become due, he may
make it without any responsibility the following year, but
under no circumstances shall he fail to pay the monthly pay-
ments of two hundred pesos, for upon this point they have
agreed that if three consecutive monthly payments shall not
bo made, by that fact alone the present contract shall be
rescinded, said Mr. John Dill losing the amounts which un-
til then he may have paid.
Fourth : By virtue of this contract Mr. John Dill enters at
once into possession of the mines and thereupon may ex-
ploit them, sell the ores and do with them whatever he
deems proper, it being provided that even in the event that
the present contract should not be carried out, the said John
Dill may dispose of the ores extracted up to that time, with-
out rendering accounts.
Fifth : In the event that said Mr. John Dill should trans-
fer the foregoing mines before having fully acquired the
property by the total payment of the stipulated prices, the
same obligations and rights which this contract contains shall
pass to the purchaser.
Sixth : The prices herein stipulated are the just and legiti-
mate prices of the mines sold, which are not worth more;
but in the event that they should be worth more, said Mrs.
Carolina Bloke de Doe makes a donation of the excess in
favor of the purchaser and to that effect she renounces the
right which she would have to rescind this contract on ac-
count of lesinn or other grounds and the provisions of arti-
cles lOns, 1002 and 2S<)() of the Mexican Civil Code.
That the aforesaid mines are free of all encumbrance and
all taxes up to date arc paid, and that the seller obligates
her present and future property to the warranty (eviccion
y saneamiento) of the present contract. Moreover it is
agreed that anv defect or nullitv of all or anv one of the
LEGAL DOCUMENTS AND FORMS. 005
titles of said mining properties, shall give the right to said
Mr. John Dill or liis privies of estate for the rescission of
all the obligations contained in this contract, he or his repre-
sentatives remaining completely relieved of all payment by
virtue of this agreement. In the event that said Mr. John
Dill or his representatives shall make exact and faithful
compliance with this contract, making all the payments in
it provided, the said Mrs. Carolina Bloke de Doe obligates
herself to execute in favor of said Mr. John Dill or his rep-
resentatives, the fullest receipt and acquittance, which shall
be considered as the most absolute and irrevocable title of
said mining properties, said act complying with all and
every the conditions required by the laws of the United States
of Mexico, without charges or expenses of any kind.
It is also especially agreed between the contracting par-
ties, in the case of loss of the rights of property of these mines,
by reason of the fault, motive, omission, or whatever other
cause of said Mrs. Carolina Bloke de Doe, the second party,
John Dill, or whoever represents his right, shall be completely
and definitely relieved of every obligation arising out of this
contract.
In testimony whereof, the contracting parties signed
with their proper hands this present contract, at 11 o'c
A. M. of the day, month and year mentioned, in the City of
St. Louis, Mo., IT. S. A.
It is indicated that the Bank chosen by the Attorney in
Fact of Mrs. Carolina Bloke de Doe, is the St. Louis Union
Trust Co., whose office is on Fourth and Locust Streets in
this City of St. Louis, Mo.
(Signed) JOHN DOE The Vendor,
Attorney in Fact for Carolina Bloke de Doe.
JOHN DILL The Purchaser.
Witnesses :
F. Eobleda,
T. P. Montfort.
906 COMPENDIUM OF MEXICAN LAW.
(Here follow: Notarial Certificates of the acknowledg-
ments of John Dill and John Doe, dated February 18/07,
before a Notary Public; and Consular Certificate of the
Mexican Consulate, of the same date.)
Art. 1185. No. 19. PETITION FOR UTILIZATION
OF WATER POWER.
(50ct. Stamp).
Sefior Secretario de Fomento,
Mexico, D. F.
Miguel Ahumada, Jr., soltero, agente de negocios, ciuda-
dano mexicano ; Fernando Castanos, abogado, casado, tambien
ciudadano mexicano, y Ricardo Ivey, ingles, industrial y sol-
tero, todos mayores de edad y residentes en esta ciudad de
Guadalajara, calle de Benito Juarez numero noventa y uno
y medio, ante usted con el debido respeto:
Deseamos utilizar para fuerza hidraulica las aguas del rio
de Santiago, que corren en este Estado de Jalisco, en una
extension de siete kilometres que mide aproximadamonte el
lindero Sur de los terrenes de la " Hacienda de la Soledad "
con aquel rio ; y en aquella extension se elegira el punto mas
a proposito para hacer la presa y boca-toma del canal que deba
construirse para producir la fuerza solicitada; y estando fa-
cultado el Ejecutivo de la Union, per la ley de 6 de junio de
1894, para otorgar concesiones a particulares 6 companias
para el aprovechamiento de las aguas de la Federacion, con
fundamento en el articulo I de dicha ley, pedimos a usted
quo, previos los tramites legales, se sirva:
Primero. Autorizarnos para aprovechar como fuerza hi-
draulica las aguas del mencionado rio, tomandolas en cual-
quier punto comprendido en la extension de siete kilometres
que al principio indicamos, y volviendolas al propio rio, bajo
el concepto de que la cantidad de agua de que necesitamos
disponer, sera hasta veinticinco mil litres per segundo ; y il
fin de precisar cen toda claridad los nombres do los lugaros
en que tomaremos y devolveremos las aauas solicitadas, tone-
LEGAL DOCUMENTS AND FORMS. 907
mos la honra de acompanarle un piano del lindero Sur de la
hacienda de La Soledad con el rio Grande de Santiago, mani-
festandole que ese lindero comienza en el punto llamado " Ar-
royo del Sabino Gordo " y concluye en el llamado " Arroyo
Verde " ; que tomaremos el agua en el punto " Piedras
Chinas," del lado de La Soledad, cerca de la Cueva del Hos-
tio, y la devolveremos en el punto Arroyo Verde, que esta
quinientos metros aproximadamente al Oeste del Arroyo del
Sabino Grande.
Segunda. Concedernos dos meses de plazo para la presen-
tacion de pianos, perfiles y memorias descriptivas.
Tercero. Eximir por cinco anos de todo irnpuesto federal,
con excepcion del Timbre, a los capitales empleados en el
trazo, construccion y reparacion de las obras que defiria la
concesion respectiva.
Cuarto. Perrnitirnos la introduccion libre de derechos de
importacion, por una sola vez, de las maquinas, instrumentos
cientificos y aparatos necesarios para el trazo, construccion
y explotacion de las mismas obras.
Quinto. Permitirnos ocupar gratuitamente los tcrrenos
baldios y nacioriales para el paso de canales, etc.
Sexto. Concedernos el derecho de expropiar a particulares
con arreglo a la ley.
" La Soledad " esta 40 kilometres al Xorte de aqui.
Hacemos esta solicitud para nosotros 6 para la Compania
que al efecto proyectamos organizar.
Queda ya indicado nuestro domicilio en esta ciudad.
Guadalajara, octubre diez y seis de mil novecientos nueve.
Art. 1186. Xo. 10. TRAXSLATIOX.
Hon. Secretary of Fomento,
Mexico, D. F.
Miguel Ahumada, Jr., unmarried, business agent, Mexican
citizen ; Fernando Castafios, lawyer, married, also Mexican
citizen, and Richard Ivey, Englishman, engaged in indus-
trial pursuits, all of lawful age, and residents in this city
908 COMPENDIUM OF MEXICAN LAW.
of Guadalajara, Benito Juarez street, Xo. Oli/o, before you
with due respect :
We wish to utilize for hydraulic power the waters of the
Santiago River, which flow in this State of Jalisco, for an
extension of seven kilometers approximately along the south-
ern border of the " Hacienda de La Soledad " upon said
river, and within which extension the most appropriate site
will be chosen for the construction of the dam and boca-toma
of the canal which will be constructed to produce the so-
licited power; and inasmuch as the Executive of the Union
is empowered, by the law of G June, 1894, to grant con-
cessions to individuals or companies for utilizing the waters
of the Federation, we request of you, in conformity with Art.
I of said law, and after the proper legal procedure :
First. To authorize us to make use of the waters of said
river for hydraulic power, taking the water from some point
within the aforesaid extension of seven kilometers and re-
turning them to the said river, it being declared that the
quantity of water which we will need will amount to 2.~>,000
liters per second ; and in order to specify with all accuracy
the names of the places where we will take and return the
said waters, we have the honor to remit herewith a plan
of the southern boundary of the Hacienda de La Soledad
with the Rio Grande de Santiago, explaining that the said
boundary begins at a point called " Arroyo del Sabino
Gordo " and ends at a point known as " Piedras Chinas '' ;
that we will take the water at the point " Piedras Chinas "
on the side of La Soledad near the Cave del Hostio, and
that we will return it at the point Arroyo Verde, which is
about 500 meters west of the Arroyo del Sabino Grande.
Second. To grant us two months' time in which to present
plans, profiles and descriptive reports.
Third. To exempt the capital employed in the laying out,
construction and repair of the works described in the con-
cession, for live years, from all federal taxes except the Stamp
Tax.
LEGAL DOCUMENTS AND FOEMS. 909
Fourth. To permit us to import for one time only free of
duty, the machinery, scientific instruments and apparatus
necessary for the survey, construction and exploitation of the
said works.
Fifth. To permit us to occupy gratuitously baldios and
national lands for the passage of canals, etc.
Sixth. To grant us the right to expropriate private lands
in accordance with the law.
" La Soledad " is 40 kilometers north of here.
We make this petition for ourselves or for the Company
which we intend to organize for the purpose.
Our domicile in this city is above stated.
Guadalajara, 1C October, 1909.
Art. 1187. Xo. 20. MIXIXG DEXOUXCEMEXT.
(50 ct. Stamp.)
C. Agente de Fomento, en el IJamo de Mineria :
Tirante al Blanco, vecino de ante Ud. con
el debido respeto digo : que en el Distrito de
y terrenes del pueblo de existe una veta de
(oro, plata 6 metal que alii se encuentre) que llamare (aqui
el nombre con que se le designe) cuya veta corre en un
lugar circunscripto dentro de los puntos 6 linderos siguiontes:
al Xorte al Sur al Oriente
al Poniente.
Sobre esta veta deseo adquirir pertenencias
mineras y para este efecto presento por duplicado esta mi
solicitud, con el objeto de que, tramitado en la forma legal
el expediente respective, se me adjudiquen diclias pertenen-
cias y se me expida el titulo respective.
Designo como ])erito que se encargara dc la medic-inn y
piano correspondiente al Sr. Ingeniero Don ,
residente en para que se sirva nombrarlo el
Ciudadano Agente y comuuicarle su nombramiento.
Diclias pertenencias se sitnaran y modiran a hilo do vein
(6 sobiv la lougitud dc la mi-nia"). For lo tanlo a Ud.
010 COMPENDIUM OF MEXICAN LAW.
suplico se sirva registrar esta solicitud para todos los efectos
de la ley de la materia y proveer a esta mi solicitud en los
terminos que prescribe la misma ley.
Mexico - de , de 1910.
Art. 1188. Xo. 20. TRANSLATION.
Agent of Fomento :
Tirante al Blanco, residing in , represents to
you with all due respect that in the District of
and on the lands of the town of there exists
a vein of (gold, silver or any metal which is found there)
which I will call (here insert the name which the mine is
to bear), which vein occurs in ground located within the fol-
lowing points or boundaries: on the north on
the south . . on the east . . on the west
I desire to acquire mining pertenencias
upon this vein and therefore present in duplicate this my
petition to the end that upon due legal investigation and
procedure said pertenencias may be adjudicated to me and
the legal title issued to me.
I designate as expert to take charge of the measurement
and preparation of the map, the Engineer , re-
siding at , in order that he may be duly ap-
pointed by the Agent and notification of such appointment
given him.
Said pertenencias will be located and measured along the
length of the vein. Therefore I pray you record this ap-
plication in compliance with the law on the subject and dis-
pose of this my petition in the manner provided by the same
law.
(Signature.)
Mexico, dav of , 1910.
LEGAL DOCUMENTS AND FORMS. 911
Art. 1189. Xo. 21. DEED OF SALE, BY ATTOR-
XEY-IX-FACT.
NUMERO CIENTO CUARENTA Y SIETE. En Au-
tlan, a los once dias del nies de septiembre de mil novecien-
tos seis, ante mi Alejandro Yanez, Xotario supernumerario
de este municipio y de los testigos que al fin mencionare,
comparecieroii de una parte, el senor Juan Doe, casado, como
apoderado del senor D. P. Richardson, segun consta del do-
cumento que exhibe, el cual doy fe toner a la vista y al fin se
insertara en lo conducente, y de la otra el sefior Juan P. De-
laney, soltero, siendo ambos mineros, mayores de edad, y de
esta vecindad, capaces para contratar y obligarse, a quienes
doy fe conocer, y 'el primero dijo: que segun consta de la
escritura que presenta extendida en esta ciudad bajo el
numero cincuenta y tres el diez y ocho de noviembre de
mil novecientos cinco por ante el sefior Xotario don Zeferino
Reyes Ramirez, y cuya escritura doy fe tener a la vista, su
representado es dueiio por compra que hizo a don Juan Mann
de las minas siguientcs, a saber : Continuo diciendo el senor
Doe que las seis minas antes expresadas se las vende al seiior
Juan P. Delaney, en cien pesos que tiene recibidos a su en-
tera satisfaceion, advirtiendo que dicha cantidad es el justo
y legitimo precio de las mismas : que no valen mas ; pero
para el caso de que mas valioren, del exceso le bace donacion
al seiior Delaney y al efecto renuncia el dereclio que podria
tener para rescindir este contrato por lesion 6 por cualquier
otro motivo y lo dispuesto en los articulos mil seis cientos
eincuenta y ocho, mil seis cientos sesenta, y dos mil ocho
cientos noventa del Codigo Civil ; que las relacionadas minas
estan libres de.todo gravamen y se obliga a la eviccioii y
saneamiento. En seguida el sefior Delaney manifesto que
acepta en todas sus partes lo expuesto por el seiior Doe. El
poder presentado por este seiior y que he dado fe tener a la
vista en lo conducente dice: " Xumero ciento cuatro. En
Autlan, a los veinticuatro dias del mes de junio de mil nove-
cientos cinco, ante mi Alejandro Yafiez, Xotario supernu-
912 COMPENDIUM OF MEXICAN T.AW.
merario de este municipio y de los testigos que al fin se
mencionaran, comparecio el senor D. P. Richardson, casado,
minero, mayor de edad, originario de los Estados Unidos
de America en la ciudad de San Luis Missouri, y acciden-
talmente en esta ciudad, capaz para contratar y obligarse, a
quien doy fe conocer y dijo: que para todos los asuntos ju-
dicialea y extrajudiciales que en la actualidad tiene pen-
dientes y para cuantos en lo sucesivo se le ofrezcan sean de la
naturaleza que fueren, le confiere poder general sin limita-
cion alguna, conforme al articulo ochenta y cinco de la ley del
Notariado al senor Juan Doe, vecino de esta ciudad, facul-
tandolo ademas . . . para que celebre todo genero de
contratos, bien sean estos de venta, permuta, hipoteca, 6 de
cualquiera otra naturaleza: para que otorgue los instrumen-
tos publicos 6 privados que demande el ejercicio de las fa-
cultades que anteceden." Concuerdan los anteriores inser-
tos con sus originales a que me refiero. Se dio lectura por
mi de la presente escritura a los senores contratantes y con-
formes con su contenido firman, asi como el Xotario y los
testigos que lo fueron los sefiores Candido Pelayo y Alejan-
dro Cortes, ambos casados, mayores do edad, conocidos inios
y de esta vecindad. Juan Doe. John Delaney. Candido
Pelayo. A. F. Cortes. Alejandro Yariez. El sello con
que autorizo.
Art. 1190. No. 21. TRANSLATION OF DEED OF
SALE.
NUMBER 147. In Autlan, on the llth day of the month
of September, 190G, before me Alejandro Yafiez, Notary
supernumerary of this Municipality, and the witnesses whom
at the end I will mention, appeared on the one part Mr.
John Doe, married, as the attorney in fact of Mr. D. P.
Richardson, as appears by the document which he exhibits,
which I certify I have before me, and which I will insert
in its material parts, and on the other part Mr. John P. De-
luney, unmarried, both being miners, of lawful age, and res-
ident here, capable of contracting and obligating themselves,
LEGAL DOCUMENTS AND FORMS. 913
whom I certify that I know, and the first said : that as ap-
pears from the instrument which he exhibits, executed in
this City under the number 53 on the 18th day of Novem-
ber, 1905, before the Notary Don Zeferino Reyes Ramirez,
and which instrument I certify to have before me, his prin-
cipal is the owner by purchase which he made from Mr.
John Mann of the following mines, to-wit : (Here are
named, with their descriptions as taken from the Alining
Titles, the mines " Ampliacion de Anexas de Buenavista,"
" Socabon," " Anexas de Buenavista," " Anexas de la Puris-
ima," " Anexas de la Purisima, No. 2," and " La Junta ").
Mr. L)oe continued saying: That the six mines above men-
tioned he sells to. Mr. John P. Delaney for one hundred
pesos which he has received to his entire satisfaction, de-
claring that said amount is the just and lawful price of the
same ; that they are not worth more ; but that in the event
that they should be worth more, he makes a donation of the
excess to Mr. Delaney, and to that end renounces the right
which he would have to rescind this contract on account of
u lesion " or for any other reason, and renounces the pro-
visions of Articles 1658, 1670 and 2890 of the Civil Code;
that the said mines are free from encumbrance and he binds,
himself to warrant them. Thereupon Mr. Delaney declared
that he accepts in all its parts what had boon declared by
Mr. Doe. The power of attorney presented by the latter and
which I have certified I have before me, in its material part
says: " No. 104. In Autlan on the 24th day of the month
of June, 1905, before me Alejandro Yariez, Notary super-
numerary of this municipality and the witnesses who at the
end will be mentioned, appeared Mr. D. P. Richardson, mar-
ried, a miner, of lawful ago, and resident of the United
States of America in the City of St. Louis, Missouri, and
temporarily in this City, capable of contracting and binding
himself, whom 1 certify that I know, and lie said: "That
for all matters judicial and extra judicial which he now has
pending and for all such as may hereafter be offered, of
58
914 COMPENDIUM OF MEXICAN LAW.
whatever nature they may be, he confers general power with-
out any limitation, according to Article 85 of the Notarial
Law, on Mr. John Doe, resident of this city, empowering
him moreover ... to execute all kinds of contracts,
whether of sale, exchange, mortgage, or of whatever other
nature; and to execute the public and private instruments
required in the exercise of the foregoing powers." The fore-
going extracts agree with their originals to which I refer.
The present writing was read by me to the contracting par-
ties, and agreeable to its contents they sign, as also the No-
tary and the witnesses, who were Candido Pelayo and Alejan-
dro Cortes, both married, of lawful age, my acquaintances,
and residents here.
(Signed.)
(Seal.)
Art. 1191. Xo. 22. ESCRITURA DE SOCIEDAD -
ARTICLES OF INCORPORATION.
NUMERO CATORCE. En la ciudad de Hermosillo, So-
nora, Mexico, a los diez y seis dias del mes de Diciembre del
ano de mil novecientos ocho, ante mi Alberto Elores, No
tario Publico Xumero dos y los testigos Senores Ignacio M.
Robles, casado y Benjamin Landgrave, soltero, ambos ma-
yores de edad, empleados, de este doinicilio y sin tacha legal,
comparecieron los Senores JOSEPH WIIELESS, casado,
abogado, vecino de San Louis, Missouri, E. IT. A. ; ROBERT
D. WOOD, casado, minero, del mismo domicilio que el an-
terior, y JAMES PENMAX, celibe, minero, con domicilio
en esta ciudadf todos habile^ para obligarse, mayores de edad,
conocidos del infrascrito Notario, y por no poseer el idioma
espanol el Seiior Wood, le sirve de interprete, bajo la pro-
testa de ley, que en este acto rinde ante mi, el Serior L. T.
Bristol, mayor de edad, soltero, empleado, de este domicilio
y de mi personal conocimiento. Exponen los comparecien-
tes que celebran el contrato de sociedad consignado en las
clausulas siguientes: PRIM ERA. La sociedad se deno-
LEGAL DOCUMENTS AND FORMS. 915
minara " Hermosillo Copper Company, S. A.," se constituye
en la forma privada a que se contrae la segunda parte del
articulo ciento sesenta y seis del Codigo de Comereio, y ten-
dra su domicilio en esta ciudad. SEGUNDA. El objeto
de la sociedad es adquirir toda clase de propiedades mineras
para explorarlas, explotarlas, venderlas, rentarlas 6 de cual-
quiera otra manera disfrutarlas, haciendo dichas adquisi-
ciones por denuncio, 6 por cualquier otro titulo legal. Ad-
quirir terrenos adyacentes, maderas, aguajes y establecer
casas de comercio, instalaciones de todos generos y cuales-
quiera industrias necesarias para el aprovechamiento de las
minas. TERCERA. La duracion de la sociedad sera de
veinticinc"o anos contados desde hoy, pero podra disolverse
anticipadamente por acuerdo de la Asamblea General de Ac-
cionistas, aprobado cuando menos por los votos que represen-
ten las tres cuartas partes de las acciones emitidas.
CUARTA. La sociedad se constituye con un capital de
VEINTICLNCO MIL PESOS, PLATA, representado por
veinticinco mil acciones libradas del valor de un peso cada una
y de las cuales acciones veinticuatro mil novecientos noventa y
ocho corresponden al Senor Joseph Wheless, y una a cada uno
de los otros socios. Dichas acciones son pagadas en la forma
siguiente: Los Senores Wood y Penman exhiben en efectivo
el valor que representan sus acciones, segun recibo que para
su resguardo les expide el Tesorero del Consejo de Admin-
istracion que en lo de adelante se mencionara, y el Senor
Wheless declara : que en el Juzgado segundo de primera In-
stancia de este Distrito, sigue un juicio ejecutivo mercantil
sobre pago de setenta y cinco mil ciento cincuenta y nueve
pesos noventa y dos centavos oro americano, con mas los in-
tereses al tipo pactado, contra la " Verde Grande Copper
Company, S. A." teniendo en la actualidad embargadas las
siguientes propiedades: Minas "La \ 7 erde," "La Co-
briza," " Verde Grande " y " San Luis," con la maquin-
aria, casas, herramienta, implementos, etcetera, espeeifica-
dos en el acta respectiva ; y que el dia de aver recayn una sen-
91 G COMPENDIUM OF MEXICAN LAW.
tencia cuya parte resolutiva literalmente dice : " Primero.
El actor probo plenamente su accion en el presente juicio;
en consecuencia ha lugar a hacer trance j remate de los
bicnes enibargados a la Compaiiia ' Verde Grande Copper
Company ' para hacer pago al acreedor de la cantidad de
cierito cincuenta mil trescientos diez y nueve pesos, ochenta
y cuatro ceutavos, mas los interses legales a razon de doce
porciento anual en moneda. del cufio mexicano a contar desde
la fecha del otorgamiento de las obligaciones hasta que se
verifique su pago. Segundo. Seran a cargo de la Com-
pafiia demandada las costas legales del presente juicio.
Tercero. Xotifiquese. Asi definitivamente juzgando lo sen-
tencio y firmo el Juez segundo de primera Instancia. Ri-
cardo Searcy. A. M. Gomez. A. Joaquin L. Perez."
Coricuerda con su original que obra en los autos de referen-
cia, los que se ban tenido a la vista en el precitado Juzgado,
de lo que doy fe. Agrega el Senor Wheless que en pago de
sus veinticuatro mil novecientas noventa y ocbo acciones, sin
reserva de ningun genero, traspasa a la Compaiiia incorpor-
ada en este instrumento, todo el credito, cuya accion deduce
en el juicio de referenda, con todos sus privilegios, inciden-
cias y prerrogativas, a fin de que la " Ilermosillo Copper
Company, S. A." pueda con el caracter de unica duefia lia-
cer ejecutar la sentencia de que se acaba de hacer merito y
adjudicarse los bienes rematados. QUINT A. Las acciones
seran nominativas e indivisibles, se expediran a favor de las
porsonas a quicnes pertenecen y sus duenos podran enajo-
narlas libremente en los terminos del articulo ciento ochenta
y iino del Codigo de Comercio, declarandolo y firmandolo en
el Rogistro de Acciones de la Compania. 8EXTA. Las ac-
ciones se extenderan en la forrna establecida por el Codigo
de Comercio y deberan sor firmadas por todo el personal del
Consejo de Administracion. SEPTIMA. El dueno de
una 6 mas acciones queda obligado do pleno derecho y de una
manera absoluta a las estipulacionos de esta escritura y a las
resoluciones de la Asamblea General, asi conio a todo lo prac-
LEGAL DOCUMENTS AND FORMS. 917
ticado en los negocios sociales. OCTAVA. Si por ex-
travio, robo 6 destruccion dc cualquier titulo de accion, se
solicitare un duplicado, el Consejo de Administracion pub-
licara la solicitud en los periodieos durante un mes, y si no se
presentare oposicion en ese tiempo, se expedira el duplicado
del titulo, a costa del interesado. NOVENA. Cada ac-
cion da derecho en la division del capital social, cuando ter-
niine la sociedad y en el reparto de las ganancias, a una suma
proporcional a la cantidad total dc las acciones emitidas.
DEC IMA. Los socios fundadores no tendran derecho a nin-
guna suma adicional en las utilidades por el solo hecho de
ser fundadores. UNDECIMA. El Consejo de Adminis-
tracion se compondra de un Presidente que hasta la primera
Asamblea General lo sera el Seiior Joseph Wheless, un \ 7 ice-
presidente que lo sera el Seiior Robert I). Wood, por el mismo
termino, y un Secretario y Tesorero que lo sera el Senor
James Penman por igual tiempo. DUODflCIMA. El
Consejo de Administracion se nombrara el quince de Diciem-
bre de cada ano, en Asamblea General y las personas que
fueren nombradas, y que pueden ser reelectas indefinidameute,
comenzaran a ejercer su encargo el primero de Enero sigui-
ente. Si por alguna circumstancia no se reuniere la asam-
blea, seguiran ejerciendo sus funciones los Consejeros cesan-
tes hasta que se hiciere la clecciun. DECHIA TEECEEA.
El Consejo de Administracion se reunira cuando los negocios
lo exijan y sera convocado por el Presidente para informarse
de la marcha de la negociacion y dictar las disposiciones
pertinentes. DEC IMA CUARTA. Las decisiones del
Consejo de Administracion se adoptaran por unanimidad 6
por mayoria absoluta de votos de los micmbros prcsentes y
en caso de empate, resolvera el voto del Presidente. DEC-
IMA QUINT A. Las asambleas geiierales se formaran de
todos los accionistas que concurran ])or si 6 por medio de sus
representantes, los cuales pueden ser acreditados 6 por poder
juridico 6 por carta-poder. - DEC IMA SEXTA. Solo se
consideraran accionistas las personas anotadas en el Registro
918 COMPENDIUM OF MEXICAN LAW.
de la Compania como duerias de una 6 mas acciones.
D^CIMA SEPTIMA. Las asambleas generales seran or-
dinarias 6 extraordinarias, debiendo celebrarse las primeras
el quince de Diciembre de cada aiio y las segimdas cuando las
convoque el Consejo de Administracion 6 lo pidan por escrito
por lo menos tres accionistas que en conjunto representen la
tercera part 6 mas de las acciones emitidas, expresando el
objeto para que lo solicitan. Las votaciones se computaran
por acciones y no por personas. DECIMA OCTAVA. El
Consejo de Administracion y sus miembros tendran las facul-
tades y ejerceran las funciones signientes: I. El Consejo
dispondra los trabajos generales que ban de emprenderse en
las niinas y resolvera sobre la compra, gravamen, venta 6
cualquiera otro contrato para realizar el objeto de la Com-
pania. II. El Presidente regira las sesiones del Consejo, lo
convocara a juntas y acuerdos, llevara la firma de la sociedad
en todas las escrituras y documentos que se otorguen, ordenes
que se expidan y en cuantos actos sean necesarios para la ad-
ministracion de los negocios, y cuidarii del cnmpliraiento do
esta escritura. III. El mismo Presidente tendra facultades
para contratar toda clase de obras acordadas por el Consejo,
nombrar empleados y factores de cualquiera categoria, seria-
landoles sus sueldos. Para cornprar maquinaria, herramienta,
materias fungibles y efectos de todos generos indispensables
para el laboreo y explotacion de las minas; y para ejercer
los demas actos administrativos que requiera el objeto de la
sociedad. IV. Igualmente tendra facultades para compa-
recer ante las autoridades federales, del Estado n Municipales
a fin de ejercer todos los derechos y cumplir las obligaciones de
la Compania ; promoviendo negocios civiles 6 criminales, de
jurisdiccion voluntaria 6 mixta, expedientes gubernativos y
demas en que tenga interes la sociedad, asi demandando como
defendiendo ; para presentar demandas, contestaciones, es-
critos, recusaciones, testigos, documentos y pruebas de todo
genero : para ]>edir requerimientos, secuestros, embargo?, ven-
tas de bienes, subastas y adjudicaciones ; para articular y
LEGAL DOCUMENTS AND FORMS. 919
absolver posiciones por personales que fucren ; para oir autos
y sentencias e interponer los recursos dc revocacion, apelacion
. y sus denegados, asi coino los de nulidad y arnparo y seguir
los plcitos hasta su conclusion, pndiendo nombrar apodera-
dos y delegarles las facultades que scan necesarias ; revocar
poderes y conferir a los mandataries autorifacion para revocar
y sustitiur. V. El mismo Presidente ordenara los gastos
que deban hacerse con motive de los trabajos de las minas y
de los demas asuntos sociales y expedira las ordenes de pago
a cargo del Tesorero ; debiendo presenter una cuenta general
informada en la pnmera asamblea que se verifique, rindiendo
al propio tiempo informe sobre el estado de todos los trabajos
y negocios de la. Compania. VI. El Secretario llevara el
libro de registro de acciones, asi como el de actas, acuerdos
y los demas que fueren neccsarios y cuidara de la correspon-
dencia y docmnentos de la Compania. VII. El Tesorero re-
cibira y cuidara los fondos de la Compania, otorgando re-
cibos ; pagara las ordenes que expida el Presidente y llevara
en debida forma la contabilidad. DfiCIMA NOVENA.
Por falta 6 ausencia del Director 6 Presidente, cualquiera
que sea la causa de que proceda, ejercera sus funciones el
Vice-Presidente con las mismas facultades que a aquel se le
ban concedido en esta cliiusula. VIGESIMA. La vigi-
lancia de la sociedad se confiara a un Comisario nombrado
anualmente en Asamblea General. ^lientras esta se reune,
se concede tal nombramiento al Senor James D. Fresh, con
todas las facultades que la ley le confiere, y para dar prin-
cipio a sus funciones tanto el como los demiis miembros del
Consejo depositaran, cuando menos, una accion en la Tesore-
ria de la Compania. VIGESIMA PRIM ERA. Cuando
los negocies de la sociedad produzcan utilidades, se separara
anualmente el cinco por ciento de su importe para formar el
fondo de reserva, hasta que este haya alcanzado el veinte por
ciento del capital social. VIGESIMA 8 E GUN DA. Sep-
arado el fondo de reserva, el resto de las utilidades que re-
sulten en el ano, se distribuira entre los accionistas en pro-
920 COMPENDIUM OF MEXICAN LAW.
porcion de las acciones que cada uno tenga. Para hacer esta
distribuciun, el Consejo citara a los accionistas a fin de que
presenten sns aeciones y reciban el dividendo que les toque.
- VIGESIMA TERCERA. Cuando haya de disolverse la
sociedad, la Asamblea General nombrara los liquidadores que
formen la liquidacion general, con la cual se dara cuenta a
11 n a nueva Asamblea para su aprobacion 6 para que se le
hagan las observaciones que procedan. VIGESIMA
CUARTA. El Consejo de Administracion cuidara de que
los liquidadores cumplan debidamente con su encargo hasta
que la liquidacion sea aprobada por la Asamblea General.
VIGESIMA QUIXTA. Aprobada la liquidacion, el capi-
tal social existente se dividira y distribuira entre los accion-
istas proporcionalmente a su representacion. Si entre el
capital social existen valores que no scan numerario y no
se pusieren de acuerdo los accionistas sobre la manera de dis-
tribuirlos, se remataran al mejor postor para repartir su
producto en dinero. VIGESIMA SEXTA. En la Asam-
blea General en que sc aprueben las cuentas y liquidacion, se
nombraran los socios a cuyo cargo quedara hacer la distribu-
tion tinal del capital. VIGESIMA SEPTUIA. En los
casos no previstos en esta escritura, se procedera conforme lo
acuerde la inayoria de votos en Asamblea General, calculada
por acciones y no por personas. LEI DO que fue este in-
strumento a los Senores otorgantes, con el que se manifestaron
conformes y advertidos de la obligation de registrarlo, lo rati-
ficaron y firman. Doy fe. Joseph Wheless. R. D. Wood.
-James Penman. L. T. Bristol. B. Landgrave. I. M.
Robles. A. Flores. Rubricas. Sello Oficial
NOTA.
Bajo el numero catorce se firm 6 hoy en la Xotaria de mi
carcfo una escritura de constitucion de la sociedad denomin-
ada " ITermosillo Co])per Company," S. A., con capital de
vienticiuco mil ])csri?. Otorgantes: Joseph Wheless, Kol>-
ert U. \Vnod y James Penman. En mi concepto causa la
LEGAL DOCUMENTS AXD FORMS. 021
cuota de vcinticinco pesos con arroglo al articulo 14, frac-
cion 9G, inciso I, letra A de la Ley del Timbre. Libertad y
Constitucion. Ilermosillo, Diciembre 1C de 1!)08. A.
Flores. Rubrica. Al. C. Admor. Pral. del Timbre.
Presente. Estampillas por valor de veinticinco pesos de-
bidamente canceladas y una certificacion que dice ; " El
Admiriistrador Principal del Timbre en este lugar, Certifiea :
qne boy pago el Lie. A. Flores la suma de veinticinco pesos en
estampillas qne se fijaron y cancelaron en esta nota, segun
liquidacion formada bajo la responsabilidad del Xotario que
la snscribe. Ilermosillo, Diciembre 16 de 1008. El A. P.
- J. R. Delabanty. Rubrica. " Testado Xueve Sep-
tima - no vale -Entre lineas Cuatro Sexta Yale,
-ES PRIMKR TESTTMOXIO SACADO PARA USO
DE LA " IIERMOSILLO COPPER COMPANY S. A." ;
YA EX TRES FOJAS COX LOS TIMBRES DE LEY
Y COXCUERDA COX SI T ORIGTXAL. DOY EE. HER-
MOSILLO. DICIEMBRE DIEZ Y SIETE DE MIL XO-
YECIEXTOS OC1IO.
TRANSLATION. 1
Art. 1192. Xo. 22. CORPORATE CHARTER.
Numero 14- In the City of Ilermosillo, Sonora, Mexico,
on the sixteenth day of the month of December, 1008, be-
fore me Alberto Flores, Public Xotary Xo. 2, and the wit-
nesses Mess. Ignacio M. Robles, married, and Benjamin
Landgrave, Bachelor, both of full age, public employe's, resi-
dents of this City and without legal disqualifications; ap-
peared Mess. Joseph Wheless, married, lawyer, resident of
Saint Louis, Missouri, U. S. A. ; Robert D. Wood, married,
miner, of the same residence as the former, and James Pen-
1 The following translation was made by the oflicial " /ici'itn.'' ami
is not at times i'ie choicest English, but is substantially correct after
being pruned in some respects.
922 COMPENDIUM OF MEXICAN LAW.
man, Bachelor, miner, residing in this City, all legally ca-
pable to enter into obligations and of full age, known to the
undersigned Notary, and because Mr. Wood does not under-
stand the Spanish language, he was assisted by Mr. L. T.
Bristol as interpreter, who in my presence made the neces-
sary legal protestations, of full age, bachelor, employe, resi-
dent of this City and personally known to me : The expon-
ents declare, that they have celebrated the contract of incor-
poration set forth in the following clauses :
FIRST : The Company will be called " Hermosillo Cop-
per Co. S. A.," and constituted ander the private form re-
ferred to in the second part of Article 166 of the Commercial
Code and will have its domicile in this City.
SECOXD: The object of the Company is to acquire
all classes of mining properties in order to work, develop, sell,
rent or in any other manner profit by them, making said ac-
quisitions by denouncement or in whatever other legal
method ; acquire adjoining lands, woods and waters of
all classes, and whatever industries may be necessary for the
service of the mine.
THIRD: The duration of the Company will be for
twenty-five years counted from to-day, but it may be dissolved
previously by agreement of the General Meeting of share-
holders, with the approval of not less than three-fourths of
the votes representing the shares issued.
FOURTH : The Company is constituted with a capital of
twenty-five thousand dollars silver, represented by twenty-five
thousand fully paid and non-assessable shares of the value of
one dollar each, and of which shares twenty-four thousand
nine hundred and ninety-eight belong to Mr. Wheless, and
one to each of the partners. Said shares are paid for in the
following manner: Mess. Wood and Penman pay in cash
the amount of value represented by their shares in accordance
with the receipt issued for their security by the Treasurer of
the Board of Administration which will be mentioned fur-
ther on, and Mr. Wheless declares: that in the Second Court
LEGAL DOCUMENTS AND FOKMS. 923
of the First Instance of this District, legal proceedings have
been instituted for the payment of seventy-five thousand, one
hundred and fifty-nine dollars, ninety-two cents American
Gold and in addition the interest agreed upon, against the
" Verde Grande Copper Co. S. A.," the following properties
having actually been attached: The mines "La Verde,"
" La Cobriza," " Verde Grande " and " San Luis," together
with the machinery, houses, tools, implements, etc., specified
in the respective suit, and that yesterday a sentence was
given, part of which rendered literally is as follows : " First.
The prosecutor fully proved his case in the present suit, in
consequence of which, cause has been shown for the sale by
auction of the' goods of the Verde Grande Copper Co. in
order to make payment to the creditor of the sum of one hun-
dred and fifty thousand, three hundred and nineteen pesos
and eighty-four cents and in addition the legal interest at the
rate of twelve per cent, annually, in Mexican Silver, to count
from the date of contracting the obligations until payment is
made. Second. The costs of the present legal proceedings
will be paid by the defendant Company. Third Notify:
That the second Judge of the first Instance definitely passes
the sentence and signs. Ricardo Searcy. Witnesses: M.
Gomez. Joaquin L. Perez." The copy agrees with its orig-
inal which will be found in the proceedings referred to, which
we have had before us in the afore-cited Court to which I
certify. Mr. Wheless adds that in payment of his twenty-
four thousand, nine hundred and ninety-eight shares, he trans-
fers to the Company incorporated in this deed, without re-
serve of any nature, all the credit (assets) derived from the
suit referred to, with all its privileges, appurtenances and pre-
rogatives with the object that the " Hermosillo Copper Co.
S. A." may with the character of sole owner carry into effect
the execution of the sentence which has been pronounced and
have adjudicated to it the property to be sold.
FIFTH: The shares will be nominative and indivisible,
and will be issued in favor of the person f<> whom they
924 COMPENDIUM OF MEXICAN LAW.
belong; and their owners mav freely transfer them in the
O */ d
terms of Article 181 of the Commercial Code, declaring and
signing in the Share Register of the Company.
SIXTH: The shares will be issued in the form estab-
lished by the Commercial Code and must be signed by all the
members of the Board of Administration.
SEVENTH: The owner of one or more shares is abso-
lutely bound by the stipulations of this deed and the resolu-
tions passed at the General Meetings, as also to all that is done
in the business of the Company.
EIGHTH: If any share certificate should be mislaid,
stolen or destroyed and a duplicate is solicited, the Board of
Administration will publish the applications in two News-
papers for a period of one month and if no opposition is pre-
sented during that time the duplicate of the certificates will
be issued at the expense of the applicant.
NINTH: Each share will have a right in the division
of the capital of the Company at its termination, and in the
partition of the profits, in an amount proportionate to the
total number of shares issued.
TENTH : The founders of the Company will have no
right to any additional profits for the mere fact of being
founders (incorporators).
ELEVENTH: The Board of Administration will be
composed of a President, who until the first General Meet-
ing will be Mr. Joseph Whcless, a Vice-President who will
be Mr. Robt. D. Wood, for the same term, and a Secretary
and Treasurer who will be Mr. James Penman for an equal
term.
TWELFTH : The Board of Administration 'will be nom-
inated on the 15th of December each year, at the general
meeting, and the persons who may be nominated, can be re-
elected indefinitely, and will begin to exercise their duties on
the first of the following January: If for any circumstance
the general meeting is not held, the officers then holding their
positions will continue to do so until such election is held.
LEGAL DOCUMENTS AND FORMS. 025
THIRTEENTH: The Board of Direction will meet
whenever the business of the Company requires it, and will
be called by the President in order to give information as to
the progress of the business, and to adopt all proper resolu-
tions.
FOURTEENTH: The decisions of the Board of Ad-
ministration will be adopted by an absolute majority of votes
of the members present and in case of tie the President will
have the casting vote.
FIFTEENTH: The general meetings will be formed of
all the shareholders who attend in person or by means of their
representatives, who may be accredited (authorized) by a
legal power of Attorney or by letter of proxy.
SIXTEENTH: Only those persons will be considered
shareholders, whose names appear on the share Register of
the Company as the owners of one or more shares.
SEVENTEENTH: The general meetings will be Ordi-
nary or Extraordinary and the first must be held on the 15th
of December each year, and the second when called by the
Board of Administration or when requested in writing by not
less than three shareholders who jointly represent the third
part or more of the shares issued, stating the object of their
call. The votes will be computed by the number of shares
and not by persons (shareholders).
EIGHTEENTH: The Board of Administration and its
members will have the faculties and exercise the following
duties :
I. The Hoard will direct the general works to be carried
on in the mine and decide upon the purchase, mortgaging,
sale or any other contract for carrying out the objects of the
Company.
II. The President will preside over the Hoard Meet-
ings, he will summon meetings and consultations, will use
the signature of the Company on all the documents and deeds
executed, orders issued, and in such acts as may be neccs-
sai-v for the administration of the Itiisincss, and will lake
926 COMPENDIUM OF MEXICAN LAW.
care that the conditions of this deed are complied with.
III. The said President will have the faculties to con-
tract for all class of work decided upon by the Board, engage
employes and workmen of whatever nature and determine
their salaries : Purchase machinery, tools, the necessary ma-
terials and effects of all classes necessary for the working
and development of the mines; and to carry out the rest of
the administrative acts required by the objects of the Com-
pany.
IV. He will also have the faculties to appear before the
Federal, State and Municipal Authorities, with the object of
exercising all the rights, and complying with the obligations of
the Company, promoting all the proceedings, civil, criminal
and of voluntary jurisdiction, administrative proceedings and
all the rest that the Company has interest in, as plaintiff,
also as defendant : To present claims, pleas, deeds, injunc-
tions, sequestrations, attachments, sales of goods, auctions
and adjudications: To interrogate witnesses and answer
interrogatories, and generally to prosecute all such proceed-
ings until their completion : lie can nominate Attorneys in
fact and delegate to them such powers as may be necessary ;
revoke such powers and confer upon said Attorneys author-
ity of revocation and substitution.
V. The said President will order the expenses that may
be necessary in the working and development of the mines
and in the rest of the business of the Company and issue the
corresponding orders for payment against the Treasurer :
He must present a general statement of accounts duly au-
dited, rendering at the same time a report upon all the work-
ings of the mines, and the rest of the business of the Company.
VI. The Secretary will keep the Share Register and the
Minute book of the meetings and assemblies and the rest of
the books which may be necessary and \vill take care of the
correspondence and other documents of the Company.
VII. The Treasurer will receive and take care of the
funds of the Company, executing the corresponding re-
LEGAL DOCUMENTS AND FORMS. 027
ceipts, paving the orders issued by the President and keep in
due form the books of accounts of the Company.
NINETEENTH: In the absence of the Director or
President from any cause whatever his duties will be ful-
filled by the Vice-President, who will have the same powers
to those conceded in this clause.
TWENTIETH : The supervision of the Company will
be exercised by a Comisario, nominated annually at the Gen-
eral Meeting, until this takes place this nomination will be
conferred upon Mr. James D. Fresh with all the faculties
conceded by the law, and in order to commence his duties,
he in common with the rest of the Board of Direction will
deposit at least one share in the Treasury of the Company.
TWENTY-FIEST : When the business of the Company
produces profits five per cent, of their import will be set aside
annually as a reserve fund until this amounts to a sum equal
to twenty per cent, of the share capital.
TWENTY-SECOND: When the reserve fund is set
aside, the rest of the profits made in the year will be dis-
tributed among the shareholders in proportion to the number
of shares held by each : In order to make this distribution
the Board of Direction will cite the shareholders, in order
to present their shares, that they may be paid the dividends
corresponding thereto.
TWENTY-THIRD : When it is necessary to dissolve the
Company the General Meeting will appoint the liquidators
who will make the general liquidation of the business, of
which they will render an account to a fresh general meeting
for approbation or that they may make such observations as
they deem necessary.
TWENTY-FOURTH : The Board of Direction will take
care that the liquidators duly comply with their duties until
the liquidation is approved of by the general meeting.
T\VENTY-FIFTII : The liquidation being approved of,
the capital of the Company (assets) existing will be divided
and distributed among the shareholders in proportion to their
CO.Ml'KM)Il^r OF Y EXICAX LAW.
representation. If among the assets there exist values, that
are not in cash and the shareholders cannot agree as to the
method of distribution, they will be sold by auction to the
highest bidder and the proceeds divided in money.
TWEX TV-SIXTH : At the general meeting at which the
accounts of the liquidation are approved of, the shareholders
will be nominated, in whose charge will be given the final dis-
tribution of the assets.
TWEXTY-SEYEXTH : In the cases not provided for
in this, proceedings will be adopted in conformity with the
deliberations of the majority of votes in a General Assembly,
counted by the number of shares and not by persons.
This deed was thus read to the executing parties who
manifested their conformity and being advised of the obli-
gation of registering, they ratified and signed same : To
which I attest.
Signed :
XOTA,
Under the number fourteen was signed to-day in the Xo-
tarial Office in my charge a deed of incorporation of the
Company called " Ilermosillo Copper Company S. A." with
a capital of twenty-five thousand dollars: Executing parties,
Joseph Wheless, Robert T). Wood, and James Penman : In
my opinion this called for the payment of twenty-five dollars,
in conformity with Article 14, fraction 00, clause I, letter A.
of the Stamp Law. Liberty and Constitution. Ilermosillo,
December 1C, 1!OS. Alberto Elorcs (Seal). To the Prin-
cipal Administrator of Revenue: Presenter Stamps for
value of twenty-five dollars, duly cancelled and a certificate
stating: The Principal Administrator of Revenue in this
place, Attests : That to-day Counsellor at Law A. Elores,
paid the sum of twenty-five dollars in stamps which are fixed
and cancelled on this note, in conformity with the liquida-
tion made under the responsibility of the attesting Xotary.
Ilermosillo, Deer. 10th, 1908. The Principal Adminis-
trator: J. R. Delahanty. (Seal.)
Thi^ is the first certified com- made for the use of the
LEGAL DOCUMENTS AND FORMS. 929
" Hermosillo Copper Company S. A." and carries upon its
pages the stamps required by law and agrees with its orig-
inal; To which I give faith: Hermosillo, Deer. 17th., 1908.
A Mores, Official Seal.
Hermosillo, December 17th, 1908.
CERTIFICATE OF REGISTRY.
To-day being at four in the evening and under the num-
ber 2G5 the present deed remains recorded in folios from
one hundred and eighty-one to one hundred and eighty-three
of the Book Number five, special section of Mineria. Which
I authorize and -sign in conjunction with my assistants. To
which I give faith.
" Art. 1193. No. 23. MORTGAGE SECURING ISSUE
OF CORPORATE BOXDS.
(COURTESY OF ROBERT J. KERR, ESQ., OF CHICAGO, AUTHOR
OF THE '" HANDBOOK OF MEXICAN LAW.")
No. 3603. En la Ciudad do Mexico, a las ocho de la
mailana del dia primero de Mayo dc mil novecientos diez,
ante mi, Rafael Carpio, Notario numero treinta y siete, asis-
tido de los testigos Don Elorencio Fernandez Villarreal, de
sesenta y un aiios y vive en la calle del Monton numero uno,
y Don Juan B. Xuiio, de veintisiete aiios y vive en el
Cuadrante de Santa Catarina numero once, solteros, em-
pleados, aptos legalmente y vecinos de esta Capital, los
Sefiores C y Licenciados 1), E y F, en representacion de la
" A B. Company," Sociedad Anonima, de una parte, y el
Senor R, coino Representante C<mmn de los tenedores do
bonos de la misma Compaiiia, otorgan el contrato que deta-
llan las siguientes clausulas y declaraciones previas:
DECLARACIOXES:
I. Para los efectos legalcs correspondientes, el su.crito
Xotario da fe de haber tenido a la vista el certificado del
930 COMPENDIUM OF MEXICAN LAW.
tenor siguiente, el cual queda protocolizado bajo la letra A. :
" Como Encargado del Regis tro Publico de la Propiedad del
Partido Judicial de Tequila, Certifico: Que he registrado
los libros del Kegistro que es a mi cargo, para averiguar los
gravamenes que reporten los bienes pertenecientes a la Socie-
dad denominada " A. B. Company, S. A." y no encontre
ningun gravamen ni limitacion de dominio constituido sobre
dichos bienes, habiendo becho el registro con vista de los
titulos y de las inscripciones de veintiseis de Abril de mil
ochocientos noventa a la fecha. Extiendo el presente certifi-
cado . . . a los veintiseis dias del mes de Abril de mil
novecientos diez. A. M. Topete." ... II. Por escri-
tura publica otorgada en esta Capital por ante el suscrito
^Totario, el vcinticuatro de Febrero de mil novecientos nueve,
fue constituida la sociedad anonima A. B. Company, Socie-
dad Anonima, con el objeto expresado en diclia escritura . . .
cuyo objeto es. III. Con el objeto, entre otros,
de determinar el modo de allegarse rccursos para explotar y
desarrollar los negocios de la Compariia, fueron reunidos en
una asamblea general extraordinaria conforme a los estatutos
de la Compaiiia, todos los accionistas de la misma, verifican-
dose esta asamblea el dia treinta de Alarzo de este aiio en
los terminos que cxpresa el acta respectiva que obra a fojas
veintiseis y siguientes del libro de actas de la sociedad y
que dov fe habcT tenido ii la vista v es como sigue: '' En
1 / i.
la Ciudad de Mexico, a treinta de Marzo de mil novecientos
diez, a las tres de la tarde, en la casa niimero ocho de la
Avenida 8an Francisco, se reunieron los Senores C, Licencia-
dos D, E y F, accionistas de la " A. B. Company," Sociedad
Anonima. Formada la lista de presencia, resultaron seguii
ella representadas diez mil acciones de las que los concur-
rentes representan el siguicnte niimero de acciones respectiva-
mente: C, cuatro mil novecientas cincuenta acciones: Licen-
ciado D, cuatro mil novecientas cincuenta acciones, Licen-
ciado F, noventa acciones y l>icenciado E diez acciones, total
diez mil acciones. Kesultando presentes la totalidad de las
LEGAL DOCUMENTS AND FORMS. 931
acciones de la Compania, represcntando todo el capital social
de la inisma, el Presidente declare constituida legalmente
la asamblea. Se dio lectura a la urden del dia como sigue:
I. Discusion y aprobacion de las actas de asambleas gener-
ales anteriores, cuyas actas no hay an sido aprobadas. II.
Enmendaciones y adiciones a los estatutos de la Compania.
III. Eleccion de los cinco Directores y del socio Cornisario
de la Compania para el aiio fiscal. IV. Determinacion del
modo de allegarsc recursos para explotar y desarrollar los
negocios de la Compania. So dio lectura al acta de la asam-
blea general de los accionistas de la Compania, veriiicada a
los veiutiocho dias del mes de Enero de mil novecientos diez,
cuya acta obra a fojas diez y seis a veinticinco, ambos in-
clusives, del libro de actas de la Compania y sin discusion
fue aprobada dicha acta. ... El Seiior C expreso que
para llevar a efecto los negocios de la Compania habra ne-
cesidad de emitir bonos de la Compania, en la snma de cien
mil dulares oro americano, y qne para conseguir la venta de
dichos bonos habra neccsidad de asegurar diclias emisiones
y garantizar el debido pago de dichos bonos con una hipoteca
en primer lugar sobre todos sus bienes, no solamente los que
ahora tiene sino tambien los que en lo future adquirira la
Compania y que este asurito se ha incluido en la convocatoria
de la presente asamblea general para que los accionistas re-
suelvan lo que estimen convcniente. La junta de accionistas,
teniendo en consideracion las razones expresadas por el Sefior
C, acordo lo siguientc : Se autoriza ampliamente al Consejo
de Administracion para negociar un prestamo 6 prestamos
de cicn mil dolares oro americano, en moneda de oro de los
Estados Unidos de America y que se autoriza al Consejo para
negociar dichos prestamos en las mejores condiciones que sea
posible, pactando el plazo, los reditos y demas condiciones
de los contratos respectivos con garantia de los bienes inmue-
bles y muebles de la Compania o bien con ciialquiera <>tra gar-
antia (pie estime oportuna, (>n nna o diversas oporaeionps, sin
mas limitacioii ([lie la del prestamo en su totalidad u< excedera
932 COMPENDIUM OF MEXICAN LAW.
la suma de cien mil dolares de moneda de oro de los Estados
Unidos de America ni el interes de las cantidades que se
reciban del diez por ciento anual. El Consejo de Adminis-
tracion podra, si lo estima oportuno, negociar el emprestito
por medio de la emision de bonos hipotecarios y podra otor-
gar todos los instrumentos publicos y privados que sean con-
secuencia de las facultades que se le conceden. Xo habiendo
mas asuntos de que tratar se suspendio la sesion levantandose
de ella la presente acta, que para constancia fue firmada por
todos los presentes. C. Presidente. D E F. Secretario."
IV. En ejercicio de las facultades concedidas por la asamblea
general de accionistas, el Consejo de Administracion de la
Compafiia resolvio emitir bonos hipotecarios de la Compaiiia,
como aparece del acta de una junta de dicbo Consejo que
se verifico el mismo dia treinta de Marzo de este ario, cuya
acta obra a fojas treinta y siguientes del libro de actas de
la Compafiia y que doy fe baber tenido a la vista y es como
sigue : "En la Ciudad de ^Mexico, a los treinta dias del
mes de Marzo de mil novecientos diez a las cinco de la tarde,
en la casa numero ocbo de la Avenida San Francisco de esta
Capital, que es el domicilio de la A. B. Company, S. A., se
reunio el Consejo de Administracion de dicha Compafiia,
presentes los Directores C, Lies. D, E y F, ausente Scfior
G. El Seiior Director C. presento la siguiente resolucion que
despues de una discusion fue adoptada por el voto unanime
de todos los Directores presentes : Se acuerda que la mayo-
ria del Consejo de Administracion de A. B. Company, So-
ciedad Anouima, es decir, tres de los cinco Directores, sean
y estan por esta resolucion autorizados a emitir bonos hipo-
tecarios de la Compafiia montando a la suma de cien mil
dolares en moneda de oro de los Estados Tnidos de America
cuyos bonos se emitiran en tales condiciones respecto al plazo,
a los reditos y demas estipulaciones quo dicha mayorfa estime
conveniente, y ademas a otorgar una escritura en que se de-
terminaran todas las condiciones de dichas emisiones y quo
garantizara dichas emisiones con hipoteca sobre los bieues
LEGAL DOCUMENTS AND FORMS. 933
muebles 6 inmuebles dc la Compariia, dandoles a los tres
Directores las mas amplias facultades para determinar todas
las clausulas y condiciones de dicha cscritura y de los otros
documentos que sean necesarios para dar efecto a esta resolu-
cion. Xo habiendo mas asuntos de que tratar se suspendio
la sesion del Consejo dc Administracion, levantandose de ella
la presente acta, quo para constancia fue firmada por todos
los Directores presentes. En virtud de la autoridad a ellos
conferida por las resoluciones de los accionistas y del Consejo
de Administracion que preceden, los comparecientes Senores
C y D, E y F, en representacion de A. B. Company, Sociedad
Anonima, y el Seiior K como representante comun de los tene-
dores-de los bohos referidos, otorgan las siguientes.
CLAUSULAS:
Primera. La A. B. Company Sociedad Anonima declara :
que con fecba primero de Mayo del ano mil novecientos diez
emitio cien bonos hipotecarios de a mil dolares oro amer-
icano, cada uno, liacicndo un total de cien mil dolares en
moneda de oro de los Estados L'nidos de America, cada bono
siendo del tenor siguiente : " A. B. Company, Sociedad Ano-
nima. ISTumero - . $1000.00 oro E. U. A. Bono de pri-
mera liipoteca de seis por ciento pagadero en oro de los Esta-
dos L'nidos de America. A. B. Company, Sociedad Ano-
nima, constituida conforrne a la escritura de veinticuatro de
Febrero del ano mil novecientos nueve, otorgada ante el Xo-
tario Publico liafael Carpio en la Ciudad de Mexico, Dis-
trito Federal, recoiiocc que debe, y por valor recibido promote
pagar al portador un mil dolares en moneda de oro de los
Estados Unidos de America, el dia primero de Mayo del
ano mil novecientos cincuenta y promote ademas pagar du-
rante el plazo del vencimiento y entretanto el capital del
bono no sea pagado, desde la expresada fecba y tambirn en
moneda de oro de los Estados Unidos de America, el redito
a razun de seis por ciento al ano, pagadero semi-anualmente
en primero de Xoviembre y primero de Mayo de cada ano,
1)34 COMPENDIUM OF MEXICAN LAW.
mcdiante la presentacioii j entrega de los cnpones anexos de
reditos a medida que cada uuo llegiie a su vencimiento.
Tanto la suma capital como los reditos de este bono seran
pagaderos en moneda de oro de los Estados Unidos de Amer-
ica del actual talon de peso y ley 6 su equivalente en pesos
del cuiio mexicano en el Banco Central Mexicano en esta
Ciudad de Mexico. Este bono es uno de la serie de cien
bonos de primera bipoteca, emitidos por dicba sociedad ano-
nima en la misma fecba que el presente con el mismo valor,
tenor y vencimiento baciendo en con junto una cantidad de
cien mil dolares en moneda de oro de los Estados Unidos de
America y teniendo los numeros de uno a cien, ambos inclu-
sive, quedando todos los referidos bonos igualmente garanti-
zados por dicba bipoteca, otorgada a favor del Representante
Comun de los tenedores de bonos el dia primero de
Mayo del ano de mil novecientos diez ante el Xotario Publico
Rafael Carpio en esta Ciudad de Mexico, en cuyo instru-
mento se bipotecan los bienes muebles e imnuebles de dicba
A. B. Company, Sociedad Anonima. Este bono podra ser
pagado y cancelado despues de cinco anos contados desde esta
fecba, bajo las condiciones prescritas en dicba bipoteca.
Este bono no sera obligatorio si no contiene en el reverse el
certificado de su autenticidad, firmado por el Representante
Comun 6 sus sucesores en la representaciou. En testimonio
de lo cual A. B. Company, Sociedad Anonima, ba acordado
que este bono sea firmado por su Presidente y Secretario y
que su sello oficial sea fijado y que los cupones de reditos
anexos scan firmados con la tirnia litografiada de su Tcsorero,
hoy primero de Mayo de mil novecientos diez. A. B. Com-
pany, Sociedad Anonima. . . . Presidente
Legalizado. . . . Secretario." Forma de cupon : " Xo.
Dls. 30.00. El dia primero de Xoviembre Mayo
de 19. . . . A. B. Company, Sociedad Anonima, promote
pagar al portador treinta dolares en moneda de oro de los
Estados Unidos dc America 6 su equivalente en pesos mexi-
canos en el Banco Central Mexicano, Mexico, D. F. por
LEGAL DOCUMENTS AXD FORMS. 035
redito semestral que se vence en aquclla fecha sobre su bono
numero de primera hipoteca al seis por ciento pa-
gadcro en oro de los Estados Unidos de America y fechado
en primero de Mayo de mil novecientos diez. II. Tesorero."
En su reverse los bonos tienen lo siguiente : " Certificado del
Eepresentante Comun. Este certifica que este bono es nno
de los de primera hipoteca emitidos conforme a la escritura
de primero de Mayo de mil novecientos diez otorgada por
A. B. Company, Sociedad Anoninia, en la Ciudad de Mexico,
Distrito Federal, ante el Xotario Publico Rafael Carpio.
Mexico, D. F. . . . de Mayo de 1910. . . . Rep-
resentante Comun." Xota del Registro de la hipoteca. " La
escrittfra de hipoteca referida en este bono fue debidamente
registrada en Tequila, Estado de Jalisco el dia . . .
de Mavo de 1910 y ademas fue debidamente registrada en
/ t/ o
el Registro de Coniercio de Mexico, D. F., el dia
de Mayo de 1910." Segunda. La misma Compania dandose
por recibida en prestamo de la suma de cien mil dolares en
moneda de oro de los Estados Unidos de America, valor de
los cien bonos referidos en la clausula anterior, declara que
es deudora de la mencionada suma en los terminos y bajo
las condiciones de esta escritura a favor de los tcnedores de
dichos bonos, en la inteligencia de que este prestamo tiene
el caracter de mercantil, supuesto que su objeto es el desar-
rollo, fomento y giro de los negocios de la misma Compania.
Tercera. El capital de cien mil dolares en moneda de oro de
los Estados Unidos de America 6 su equivalente en pesos
mexicanos del corriente cufio, sera pagado por la Compania
en el termino de cuarenta aiios contados desde el dia primero
de Mayo de mil novecientos diez y terminando el dia primero
de Mayo del aiio de mil novecientos cincuenta. Cuarta.
Durante este plazo de cuarenta afios y todo el mas que trans-
curra sin que el expresado capital este integramente cubierto,
la Compaiiia pagara el redito de seis por ciento anual por
semestres vencidos que se cnmpliran los dias primeros de los
lueses do Xovicmbre y Mayo de cada ano. Quint a. Trans-
936 COMPENDIUM OF MEXICAN LAW.
curridos cinco ailos despues de la fecha de los bonos la Com-
pania tendra el derecho de aplicar a la amortizacion parcial
de diclios bonos la suma de cinco mil dolares de moneda de
oro de los Estados Unidos de America 6 cualquier multiple
de dicba suma, aun pagando la totalidad de los cien bonos
emitidos, sujetandose a las siguientes condiciones: I. El
pago de la amortizacion parcial 6 total solo podra hacerse
en los dias de vencimiento de los intereses semestrales. II.
En caso de la amortizacion parcial de diclios bonos se pagaran
en el primer lugar los que tienen los numeros de orden mas
altos. III. En el caso que no esti'n presentados para su pago
todos los bonos que la Compaiiia propone pagar en cualquier
caso, a la fecha del pago advertida, la Compaiiia tendra que
depositar con Banco Central Mexicano una suma de dinero
suficiente para cubrir a la par con un premio de cinco por
ciento de la par y tambien con los intereses vencidos y no
pagados, los bonos no presentados. El duefio 6 los duenos
de diclios bonos pod ran presentarlos a diclio Banco Central
Mexicano dentro de cinco arios y recibir el pago de la suma
correspoudiente a sus bonos respectivos, pero si no reclaman
diclio dinero 6 cualquiera parte de ello dentro de cinco aiios
despues de la fecha de dicho deposito, el Banco Central Mexi-
cano pagara a la Compaiiia la parte de dicha suma no reclam-
ada. IV. Ademas del capital 6 intereses veucidos la Com-
paiiia tendra que pagar un premio de cinco por ciento de la
par de los bonos amortizados antes de su vencimiento. V. Una
vez pagados los bonos se inutilizaran y se cancelaran por el
Ixepresentante Comun 6 por la Compaiiia, levantandose una
acta en el libro de actas de la Compaiiia en la que se ex-
presani los numeros de orden de los bonos y el hecho de haber
sido cubiertos y cancelados y esta acta sera firmada por el
Kepresentante Comun y por el Presidente y Tesorero de la
Compaiiia. Sexta. Tanto el capital como los intereses de
los bonos se pagaran en esta Ciuclad de Mexico en el Banco
Central Mexicano, y el jingo sc hara al portador y ii la pre-
sentation de los bonos 6 de los cnpones respect ivamente. El
LEGAL DOCUMENTS AND FOKMS. 937
pago se hara en moneda de oro de los Estados TJnidos de
America 6 su equivalente en pesos mexicanos del curio cor-
riente con exclusion de otra moneda 6 de papel creada 6 por
crear, para cuyo efecto la Compania adopta las disposiciones
que contienen los articulos veinte, veintiuno, veintidos y
veintitres de la Ley de Reforma Monetaria del veinticinco
de Marzo de mil novecientos cinco. Septima. Este pago
tanto del capital como de los intereses se hara, por la Com-
pafiia libre para los tenedores dc bonos de toda clase de con-
tribuciones 6 impuestos creados 6 por crear, scan cuales fueren
su origen, naturaleza u objeto y la autoridad legitima 6 ilegi-
tima. que las decrete, obligandose la Compania en el caso de
que se imponga alguna coiitribucion 6 impuesto, a pagarlo por
su cuenta 6 a libertar a los tenedores dc los bonons de hacer
el pago ami cuando la lev disponga y prevenga que el im-
puesto 6 la contribucion deben ser cubiertos por los acreedores
6 los tenedores de bonos. Octava. La Compania, para gar-
antizar el fiel y exacto cumplimiento de todas las estipu-
laciones y pactos de este contrato y ademas de dejar obligados
todos sus bienes, presentes y futures, hipoteca especial y
expresamente on favor del Representante Comun de los tene-
dores de dichos bonos, todos sus bienes y propiedades, in-
muebles y muebles, ya poseidos 6 que fueren en el future
adquiridos por la Compania, con todas sus entradas y salidas,
usos y servidumbres y con todas las contrucciones y mejoras,
incluycndo y tambien todo y cada uno de los otros
bienes, accioncs, derechos, intereses, privilegios, concesiones,
franquicias, propiedades y cosas que la Compania ahora tiene,
posee 6 reclaina y que en lo future tuviere, poseyere 6 ad-
quiriere en cualquier lugar. Xovena. Mientras que la Com-
pania liace todos los pagos de la sunia principal y de los
reditos, de acuerdo con el tenor y el efocto de los bonos y
mientras que se cumplen todas las condiciones de esta escri-
tura, la Compaiiia quedara on la posesion de diclios bienes
hipotecados y de sus rendimientos y utilidades, y podra ven-
der todos los productos salvo las prescripcioncs a(|ui consigna-
938 COMPENDIUM OF MEXICAN LAW.
das; pero la Compania se compromete a cubrir todas las
contribuciones e impuestos que fueren legalmente causados
sobre los bienes aqui gravados, de manera que la prelacion
de los bonos quedara en todo tiempo debidamente conservada.
Y la Compania conviene en que conservara todos los derechos
que actualmente se le ban conferido por las leyes de la Ke-
publica Mexicana. Decima. Todos los bonos aqui garanti-
zados y montantes a la cantidad de cien mil dolares de
moneda de oro de los Estados Unidos de America, seran.
otorgados inmediatamente despues del otorgamiento de este
instrumento y seran entregados al Kepresentante Comun
Senor K y en seguida seran certificados por dicbo Kepre-
sentante Comun y por el entregados al Presidente de la Com-
pania 6 a la persona que el por escrito designare. Xingun
bono sera obligatorio basta que haya sido otorgado el certifi-
cado que sobre el se endose y suscrito por el mismo Kepre-
sentante Comun. Umlecima. LA Compania se compromete
a pagar y cancelar los cupones anexos a los bonos aqui gar-
antizados a medida que lleguen a su vencimiento respective y
ademas a cancelar todos los bonos cuando scan pagados re-
spectivamente. Duodecima. Esta bipoteca constituida a
favor del Senor K con el caracter de Kepreseutante Comun
de todos los tenedores de bonos por la cantidad de cien mil
dolares en moneda de oro de los Estados Unidos de America,
ocuparii el primer lugar en el registro de obligaciones de la
Compania, pues se hace constar muy expresamente que la
Compania no ba emitido anteriormente ningunas otras obli-
gaciones. Decima Tercera. Xinguno de los bonos 6 de los
tenedores de bonos tendran prioridad 6 preferencia con re-
specto a los demas 6 sobre ninguno de ellos, quedando por
el contrario expresamente constituida la bipoteca para la
utilidad, bcneficio y garantia de todas y de cada una de las
personas, sociedades 6 asociaciones que en cualquier tiempo
sean tenedoras de alguno 6 algunos de dicbos bonos, con en-
tera igualdad y ii prorrata entre todos los pendientes de pago.
Queda convenido quo ningun tcncdor 6 tenedores de cual-
LEGAL DOCUMENTS AXD FOBAIS. 939
quier de dichos bonos 6 cupones, tendra derecho de iniciar
diligencias judiciales de cualquiera clase para hacer efectiva
esta escritura 6 cualquiera de sus clausulas 6 condiciones, sin
previa notificacion por escrito al Representante Comun de la
comision de alguna falta j a menos que los tenedores de la
majoria de los bonos entonces en circulacion hayan notificado
j requerido por escrito a dicho Representante Comun como
antes se dice, y se le haya dado un plazo razonable clespuea
de la fecha de la notificacion y requisitoria para que inicie
diligencias y ejerza las facultades aqui contenidas en su nom-
bre, como Representante Comun y tambien sin haber ofrecido
al Representante Comun una garantia adecuada contra
las costas, gastds y responsabilidades que resultaren al Rep-
resentante Comun ; y tal notificacion, requisitoria y oferta
de indemnizacion pueden ser requeridas por el Representante
Comun como previa condicion a la ejecucion de las facultades
de esta escritura. Decima Cuarta. Xo se libertara a la
Compania de la obligacion de pagar el capital y los reditos
ni aun en el caso de que transcurra el termino fijado en la
ley para la prescripcion de uno y otro, y para este efecto, la
misma Compania renuncia las disposiciones que contienen
los articulos mil noventa y uno y mil ochocientos cuarenta
y ocho y sus correlatives del Codigo Civil del Distrito Fed-
eral, y tambien el articulo mil ochocientos cincuenta del
mismo Codigo. En cualquier caso los bienes hipotecados
quedaran afectados por el gravamen de esta hipoteca hasta
el pago del importe total del capital y de los reditos corre-
spondientes hasta la fecha en que se verifique dicho pago.
Decima Quinta. En caso de que se dejaren de pagar pim-
tualmente en toclo 6 en parte los intereses sobre los bonos y
que esta falta continuase durante los seis meses posteriores
al vencimiento el tenedor 6 los tenedores de los bonos pen-
dientes de pago, tendran el derecho de dar por vencido el capi-
tal representaclo por dichos bonos, y desdc entonces el ex-
presado capital debeni pagarse inmediatamente con el mismo
efecto y con igual obligacion que si hubiere transcurrido todo
940 COMPENDIUM OF MEXICAN LAW.
el termino de cuarenta aiios fijado en la clausula tercera.
Decima Sexta. En caso de quo este vencido y sea exigible
el pago del capital representado por los bonos ya sea porque
se haya cnmplido el plazo senalado para el pago, ya sea
porque se liubiere dejado de pagar los intereses y esta falta
continuase durante los seis meses posteriores al vencimiento,
declarandose vencido el capital en los terminos que expresa
la clausula decima quinta de esta escritura 6 sea en algun
otro de los casos establecidos por las leyes, el Representante
Comun, siempre que sea requerido por un tenedor 6 tenedores
que en la totalidad representen la niayoria de los bonos
pendientes de pago, procedera por cualquiera de los medios
siguientes con sujecion a los que el expresado tenedor 6 tene-
dores hubieren decidido : I. Xoinbrar uno 6 mas depositaries
que entren en posesion de los bienes hipotecados. 1 1. Xom-
brar uno 6 mas interventores que funcionen en respecto a
diclios bienes. 111. Tomar posesion de los bienes hipoteca-
dos. IV. Proceder a la venta de diclios bienes. El ejer-
cicio de una 6 mas de las facultades concedidas en esta
clausula, no impide que el Representante Comun pueda en
todo tiempo ejercer las demiis que le competan. Decima
Septima. Todo dcpositario nombrado por el Itepresentante
Comun en virtud de lo establecido en la clausula anterior,
debera exigir y recibir en nombre de la Compaiiia y del
Representante Comun el pago de todos los productos de los
bienes hipotecados y esta facultado para otorgar recibos por
diclios productos. Tcndra tambien facultad para examinar
los documentos, libros y papeles de la Compania y para
tomar conocimiento de todos los actos y operaciones de la
misma. Dicho dcpositario tendril tambien el derecho de ad-
ministrar los uegocios de la Compania, manejando sus pro-
piedades y plantas y haciendo todos los negocios de la misma
en todos sus ramos con todas las facultades de un adminis-
trador general de la Compania. Eu el caso de que el deposi-
tario tomare diclia posesion, se le entregaran los libros. docu-
mentos y papeles necesarios para d raanejo y administraciou
LEGAL DOCUMENTS AXD FORMS.
do los negocios de la Compariia. Decima Octava. Todo in-
terventor 6 interventores nombrados por el Representante
Comun, tendran las mismas facultades que el depositario y
ademas la Compania despues del nombramiento 110 bara niii-
gun nuevo contrato ni pago sin el consentimiento escrito del
interventor 6 interventores y este 6 estos pueden concurrir
a todas las sesiones de la Compafiia 6 del Consejo de Ad-
ministracion a cuyo fin se les dara el correspondiente aviso
de la hora en que las sesiones ban de tener lugar y por ultimo
tienen la facultad de que se les de conocimiento de todos los
actos y contratos que bicieren los empleados 6 agentes de la
Compania. Deeima Xovena. En caso de que el Repre-
sentante Comun tomare posesion de los bienes bipotecados de
la Compania, se le entregaran los libros, documeiitos y papeles
necesarios para el manejo y administracion de los negocios
de la Compafiia, quedando encargado de dichos negocios con
exclusion de cualquiera otra persona y con todas las facultades
de la Compafiia y en consecuencia dicbo Representante esta
autorizado para administrar los bienes bipotecados, bacer los
contratos que requiera la administracion, pero con la obliga-
cion de informar mensualmente a la Compafiia de todas las
operaciones, acompafiando en cada mes copia de las que 1m-
biere efectuado asi como de la cuenta de ingresos y egresos.
Vigesima. Si se decidiere ejecutar esta bipoteca vendiendo
los bienes hipotecados se procedera en los terminos siguientes :
1. Ambas partes convieneri en que la venta de los bienes
bipotecados se baga sin que preceda juicio ni sentencia, sino
solo en virtud de esta escritura y en almoneda publica judi-
cial. II. Durante el procedimiento para la venta el Rep-
rescntante Comun tendra el derecbo de tomar la posesion de
los bienes hipotecados, pero en todo tiempo podra suspender
el ejercicio de su derecbo y designar el depositario o inter-
ventor que se baga cargo de la posesion entretanto el Repre-
sentante Comiin tenga en suspense la facultad en cuanto a
la posesion. Quedan en consecuencia renunciadas las dispo-
siciones de los articulos mil tresciento^ noventa v dos del
COMPENDIUM OF MEXICAN LAW.
Codigo de Comercio y el novecientos noventa y seis del
Codigo de Procedimientos Civiles del Distrito Federal. III.
El Representante Comun tiene libertad para fijar a los bienes
hipotecados el precio que ha de servir de base para el remate,
pero de manera que no sea menor del valor a la par de todos
los bonos emitidos y pendientes de pago 6 su equivalente en
moneda mexicana. En el caso de que no hubiere postura
legal en el primer remate se prorrogara el remate como se
previene el articulo ochocientos cuarenta y siete del Codigo
de Procedimientos Civiles del Distrito Federal y el Kepre-
sentante Comun tendra el derecho de fijar otro precio que
servira de base para el segundo remate, pero de manera que
no sea menor de la mitad del valor a la par de todos los
bonos emitidos y pendientes de pago 6 su equivalente en
moneda mexicana. En el caso que habria necesidad de pro-
rrogar el segundo remate se observaran las disposiciones del
mismo articulo ochocientos cuarenta y siete respecto al precio
tomando el ultimo precio fijado por el Representante Comun
como base y las del articulo ochocientos cuarenta y ocho del
mismo Codigo se observaran respecto de los otros terminos y
condiciones, hasta que sea realizado legalmente el remate.
Las partes adoptan las disposiciones del articulo ochocientos
cincuenta y cinco del mismo Codigo para dar efecto a esta
clausula. IV. Para la vent a se publicaran edictos una vez
por semana durante dos consecutivas en dos periodicos de la
Ciudad de Mexico : la primera publicacion tiene que ser a
lo menos diez dias antes de la fecha del remate. En este
edicto se expresaran el lugar, dia y hora de la almoneda y
los bicncs que se han de vender. Quedan por lo mismo re-
nunciadas las disposiciones del articulo mil cuatrocientos once
del Codigo de Comercio y de los articulos setecientos cin-
cuenta y dos y setecientos cincuenta y cuatro del Codigo de
Procedimientos Civiles vigente en el Distrito Federal. V.
En toda venta se recibiran los bonos hipotecarios y sus cu-
pones e intereses vencidos en pago del procio do compra con
un valor quo no oxcoda de la par: pero se disminuira en la
LEGAL DOCUMENTS AND FORMS. 943
proporcion que corresponda si el precio de compra no bastare
para pagar todos los bonos pendientes de pago, los cupones
vencidos, los otros intereses y los gastos. En este caso, el
precio de la compra, deducidos los gastos, se distribuira pro-
porcionalmerite entre todos los bonos y cupones e intereses
vencidos, y tanto unos como otros serau admitidos en pago
de aquel precio en la parte que de este se le deba aplicar.
VI. El Representante Comun por si y en beneficio de los
tenedores de bonos hara postura a los bienes que se ban de
vender 6 pedira su adjudicacion conforme a los articulos
ochocientos cuarenta y nueve y ochocieutos treinta y uno del
citado Codigo <Je Procedimientos siempre que sea requerido
por el tenedor 6 tenedores de una mayoria de los bonos pen-
dientes de pago. En el caso de que el Representante Comun
compre en el remate, los tenedores de bonos deberan con-
tribuir al pago de los expresados gastos en proporcion de los
bonos que les pertenezcan. VII. El Representante Comun
esta autorizado para otorgar al comprador 6 compradores de
los bienes la escritura de enajenacion y esta escritura de ena-
jenacion tendra la misma fuerza y validez que si se bubiere
otorgado por la Compafiia, pero si dicho Representante no
usare de esta facultad, la misma escritura sera autorizada
por el juez. VIII. El Representante Comiin recibirii el
precio que se pague por el comprador de los bienes. Vige-
sima Primera. Para la mas facil ejecucion de la hipoteca se
conviene lo siguiente: I. Los depositarios 6 interventores
que nombre el Representante Comun no necesitan tenor
bienes raices ni otorgar fianza, renunciandose en conse-
cuencia, las disposiciones del articulo ocbocientos nueve del
citado Codigo de Procedimientos ; pero el Representante
Comun puede, si lo cree conveniente, exgirles una garantia
de su manejo. II. El mismo Representante tendra en todo
tiempo el derecho de remover libremente a los depositarios e
interventores que hubiere nombrado aunque su nombramiento
hay a sido confirraado judicialmente. III. Los depositarios
6 interventores, agentes 6 abogados nombrados por el Repre-
944: COMPENDIUM OF MEXICAN LAW.
sentante Comun seran nombrados bajo la responsabilidad sub-
sidiaria dc la Compania, quedando renunciada la disposicion
del articulo ochocientos doce del repetido Codigo de Pro-
ccdimientos. IV. En todos los casos en que los depositaries
6 interventores cesen en su encargo, el Representante Comun
tendra derecho de nombrar a nuevos depositaries 6 interven-
tores, quedando renunciadas las disposiciones del articulo
ochocientos once del citado Codigo de Procedimientos. V.
]STi el Representante Comun ni los tenedores de bonos ten-
dran la obligacion de acudir a los tribunales para ejercer al-
gunos de los derechos 6 de las facultades contenidas en esta
escritura excepto en cuanto a la venta que ha de hacerse en
almoneda judicial conforme al parrafo primero de la clausula
vigesima ; peror tanto uno como los otros puedan, si asi lo
desean, acudir a dichos tribunales para obtener su ayuda en
los expresados derechos y facultades salvo las excepciones
contenidas en la clausula decima tercera. VI. En caso de
seguirse el procedimiento judicial, las sentencias 6 resolu-
ciones que se pronuncien, cuando scan apelables, solo lo seran
en el efecto devolutivo, quedando renunciadas las disposi-
ciones del articnlo mil trescientos treinta y nueve del Codigo
de Comercio. Admitida la apelacion, si ella fuere favorable
a los tenedores de bonos, el Representante Comun no estara
obligado a otorgar la fianza que ordena el articulo seiscientos
cincuenta y seis del Codigo de Procedimientos antes citado,
y en consccuencia la resolucion 6 sentencia favorable a los
tenedores de bonos se ejecutara sin que sea necesario el otor-
gamieiito de la fianza, quedando por lo mismo renunicadas
las disposiciones del articulo ultimo citado. VII. Xi el
Representante Comun ni los postores que admita la Com-
pania 6 el Ivepresentante Comun ni la Compaiiia misma en
caso de hacer posturas estaran obligados a abonar sus posturas
y pnjas quedando de consiguiente renunciadas las disposi-
ciones del articulo ochocientos nuevo del citado Codigo de
Procedimientos Civiles. VIII. Siempre que el Represen-
tante Corniin 6 los tenedores <le bonos ocurran a los tribunales
LEG A I, DOCUMENTS AND FORMS. 945
con el fin de ejercitar algimo do los derechos 6 de las facul-
tades que respectivamente se les conceden en esta escritura,
no tendraii obligacion de presentar los bonos a que se refiere
la clausula primera, sieiido suficiente en todos los casos que
exliiban este instruments 6 los suplementarios 6 connrma-
torios si se otorgasen 6 una copia certificada de ellos ; los
tenedores de bonos ademas presentaran documentos otorgados
ante un Xotario Publico en el que se haga constar el numero
de orden y monto de los bonos, certiiicando el Xotario que
los bonos le fueron presentados originales por, quien y lo que
a cada uno pertenece. Vigesima Segunda. De todas las
sumas y productps que recibiere el Kepresentante Comun ya
sea en virtud de las clausulas decima novena ya con motivo
de la venta conforme a la clausula decima sexta, se deduciran
primeramente todos los gastos de administracion, de conserva-
cion, ejecucion de la hipoteca, los bonorarios del Represen-
tante Comun 6 Representantes Comunes, si estos fueren
varies, los depositarios 6 iiiterventores, apoderados y aboga-
dos, y el remaneute se aplicara primero al pago de los intere-
ses vencidos y despues al de los bonos a pi-orrata, es decir sin
preferencia de un bono respecto a otro y si resultara algun
sobrante se entregara a la A. V). Company, Socicdad An-
onima, debiendo ser el Representante Comun 61 que haga
estas distribuciones. Vigesima Tercera. Ademas de las fa-
cultades que en la clausula que precede se conceden al Repre-
sentante Comun tendra las siguientes : I. Tendra todas las
facultades de los apoderados inclusas las que mencionan el
articulo dos mil trescientos ochcnta y siete del Codigo Civil
del. Distrito federal y los articulos ciento cincuenta y siete,
cuatrocientos seis, cuatrocientos cuarenta y nueve, seiscientos
veinticuatro fraccion primera y mil doscientos sctenta y seis
del Codigo de Procedimientos Civilcs del Distrito Federal,
asi como cualquiera otra que conforme a las leyes requiera
clausula 6 poder especial, sin excepcion alguna. II. Podra
nombrar apoderado 6 apoderados, agente 6 ngentes generales
6 especiales para denlro de la Republica 6 i'ucM'a de ella, con
GO
946 COMPENDIUM OF MEXICAN LAW.
6 sin la facultad de substituir y revocar las substituciones,
revocar el nombramiento de estos apoderados 6 agentes j
conferir a estos todas y caulesquiera de las facultades que
el tiene derecho a ejercer. III. Xombrar abogados y em-
pleados. IV. Convenir, senalar y arreglar los sueldos, hon-
orarios y compensaciones que hayan de pagarse a los apode-
rados, agentes, abogados, depositaries, interventores, em-
pleados y en general a cualquiera persona que preste sus
servicios a la Compaiiia asi como fijar y arreglar todos los
demas gastos que requiera el ejercicio de sus facultades. V.
Cancelar la hipoteca y otorgar los instrumentos de cancela-
cion cuando la Compania pague el capital que recibe en pres-
tamo 6 cuando los bienes hipotecados hayan sido vendidos.
Vigesima Cuarta. El Representante Comun no responde per-
sonalmente de las deudas que contraiga en nombre de la
Sociedad ni tampoco es responsable de los actos de los de-
positaries, interventores, apoderados, agentes 6 abogados ex-
cepto cuando en el nombramiento haya procedido por negli-
gencia culpable, y por ultimo tampoco es responsable por
sus propios actos sino en el caso de dolo 6 mala fe, renuncian-
dose en consecuancia a la disposicion de los articulos mil cua-
trocientos noventa y dos, dos mil trescientos sesenta, dos mil
trescientos sesenta y dos mil trescientos setenta y tres del
Codigo Civil del Distrito Federal. Vigesima Quinta.
Queda expresamente convenido que cualquiera falta que
cometiere la Compafiia podra ser excusada por los tenedores
de la mayoria de los bonos emitidos y pendientes de pago y
que el Representante Comun hara tales cosas y seguira el
curso que dirigieren los tenedores de la mayoria de los bonos
emitidos y pendientes de pago de cuando en cuando.
Vigesima Sexta. La Compania tendra que depositar con el
Representante Comun la suma de quinientos pesos en cada
ano mientras que no esten pagados los bonos con los reditos
y gastos, cuya suma dcbe scr aplicada por dicho Kepresentante
en el pago de su remuneracion y los gastos hechos en el desern-
peno de su cargo. El Representante Comun tiene derecho
LEGAL DOCUMENTS AND FORMS. 94:7
a una remuneracion fijada de acuerdo con la Compafiia y
a falta de este acuerdo la sefialara un tribunal competente.
Dicho Representante entregara a la Compafiia al fin de cada
aiio la parte de la suma de quinientos pesos que no haya
empleado para los usos aqui expuestos. Vigesima Septima.
El Seiior R ejercera el cargo de Representante Comun de
los tenedores de bonos mientras dure insoluta cualquiera
parte de la deuda y se cumplan todas las estipulaciones de
este contrato ; pero dicho Seiior 6 quien le suceda en el mismo
cargo podra dejar de ejercer sus derechos como Representante
por cualquiera de las causas siguientes: I. Por renuncia
del mismo Senor 6 de su sucesor. II. Por la decision del
tenedor 6 de los tenedores de la mayoria de los bonos pendi-
entes de pago. Vigesima Octava. En el caso de la muerte,
renuncia 6 remocion del Eepresentante Comun, los tenedores
de la mayoria de los bonos emitidos y penidentes de pago
tendran el derecho de nombrar nuevo Eepresentante Comun,
otorgando un documento publico ante cualquier Xotario Pub-
lico en Mexico 6 en los Estados Unidos de America, cuyo doc-
umento una vez aceptado por el nuevo Eepresentante Comun
y protocolizado en Mexico y registrado en el Eegistro de
Comercio de la Ciudad de Mexico, Distrito Federal, tendra
el efecto de constituir la persona nombrada en ello el Eepre-
sentante Comun de todos los tenedores de bonos emitidos bajo
los terminos de esta escritura y despues dicho Eepresentante
Comun tendra todos los derechos y facultades indicados en
este instrumento 6 en el de su nombramiento. Vigesima
Novena. Las partes contratantes se entenderan domiciliadas
para todos los efectos legales de este contrato en esta Ciudad
de Mexico y en consecuencia, todas las cuestiones que se
puedan presentar y ofrccer acera de su interpretacion y
curnplimiento seran decididas conforme a los Codigos vigen-
tes en el Distrito Federal y los jueces y tribunales del mismo
son los unicos competentes para conocer de ellas y decidirlas.
Trigesima. Los gastos todos a que de lugar el presente con-
trato. timbres, renta del Timbre, testimonios y registro, serau
948 COMPENDIUM OF MEXICAN LAW.
cubiertos por la Compania, asi como todos los a que de lugar
cualquiera otro instrumento que extienda, confirme 6 ratifique
el presents contrato. Trigesima Primera. El Senor R.
acepta el cargo de Representante Comun que se le confiere
por medio de la presente escritura y se obliga a desempenarlo
leal y fielmente en los terminos que el mismo instrumento ex-
presa. Trigesima Segunda. Ambas partes contratantes
convienen en que los bonos emitidos por esta escritura van
a ser vendidos por el Presidente de la Compaiiia de tiempo
en tiempo cuando Lava necesidad y por esto renuncian las
disposiciones de los articulos seis y siete de la ley de veinti-
nueve de Xoviembre de mil ochocientos noventa y siete con re-
specto a la junta de los tenedores de bonos y ademas convienen
en que todas las cosas que deban ser decididas y beclias por
diclia junta estan fijadas e incluidas en esta escritura. Tri-
gesima Tercera. El balance de la Compaiiia a que se refiere
el articulo cuarto de dieha ley de veintinueve de Xoviembre
de mil ochocientos noventa y siete es como sigue:
(Aqui se inserta el balance.)
Bajo cuyos terminos los denomiuados comparccientes de-
claran dejar celebrado este contrato que se obligan a cumplir
conforme a derecho.
Art. 1194. Xo. 23. TRANSLATION. 1
The formal beginning is the same as that already given in
the form of Deed of Sale. If the mortgage is executed in
Mexico the notary is required to insert before any of the
other clauses of the document the certificate of the Recorder
showing what if any liens there are on the property, which
certificate must cover a period of twenty years prior to it?
date. Tf the mortgage is executed in a foreign country this
certificate is not required.
1 This is not an actual translation of the foregoing mortgage in
Spanish scouring corporate Bonds, but of a similar one, and serves the
purpose of exemplifying Ihe form and requisites. It is reproduced,
by the courtesy of It. -I. Kerr. Ksq.. from his " Handbook of Mexican
Law.''
LEGAI, DOCUMENTS AND FORMS.
Other preliminary recitals show the organization of the
corporation, the notary certifying that he has seen the au-
thentic record of incorporation, the resolutions of the Board
of Directors and the Stockholders authorizing the issue of
bonds and the giving of security therefor, the naming of
someone to act as Trustee, or as he is called under the Mexi-
can law, Representante Comun or Common Representative
of the bondholders, and are followed by the clauses of the
instrument itself as follows:
First: In accordance with the foregoing resolutions the
A. B. Company has issued its bonds to the amount of. ...
dollars, which bonds are in the words and
figures following, to-wit : (Here the bond is copied in full.)
Second: The A. B. Company acknowledges having re-
ceived as a loan the sum of dollars
represented by the above described bonds and acknowledges
itself indebted to the holders of said bonds in said amount,
recognizing the loan as a mercantile transaction under the
terms of the Commercial Code of the Republic of Mexico
and it hereby agrees to pay the principal of said bonds to-
gether with interest thereon at the rate of per cent per
annum in accordance with the tenor and effect of said bonds,
further agreeing to cancel all coupons and bonds as the several
installments of interest and principal are paid. The com-
pany shall not be relieved from the obligation of paying said
principal and interest by the lapse of time provided for the
prescription of said principal and interest respectively and
therefore the company hereby renounces the provisions of
Articles one thousand and ninety-one, one thousand eight hun-
dred and forty-eight and one thousand eight hundred and
fifty of the Civil Code of the Federal District of the Repub-
lic of Mexico to the end that in any event the property herein-
j'ler subjected to a mortgage lien shall remain subject to
tich lien until the full and complete payment of the prin-
cipal and interest of the obligation represented by said bonds.
Third: Both the principal and interest of said bonds shall
950 COMPENDIUM OF MEXICAN LAW.
be payable in the City of and the payment
shall be made to the bearer of said bonds or coupons, upon
presentation of the same, in gold money of the United States
of America or its equivalent in Mexican money of the cur-
rent coinage to the exclusion of any other money created or
to be created. To give effect to this clause the company
adopts the provisions contained in Articles twenty, twenty-
one, twenty-two and twenty-three of the law of monetary re-
form of the twenty-fifth of March, one thousand nine hun-
dred and five. 2
Fourth: In consideration of the premises and in order to
secure due and punctual pro rata payment of said several
bonds and interest thereon the company has given, granted,
bargained, sold, transferred, mortgaged, warranted and con-
veyed and by these presents does give, grant, bargain, sell,
transfer, mortgage, warrant and convey a to the trustee here-
inafter named all the following described property, to-wit :
(Here insert full description of the property, giving all the
facts as indicated in the Deed of Sale, page 911.
Fifth: The mortgage herein constituted is for the equal
pro rata benefit and security of the holders of the bonds above
described which may be issued hereunder, at whatever date
the same may be so issued, without any preference, priority
or distinction of one bond over another. The company
agrees to pay all taxes, assessments and levies that shall from
time to time be legally imposed, assessed or levied upon the
property and franchises hereby conveyed so that the priority
of this mortgage as a first lien upon the property hereby
conveyed shall at all times be duly maintained and preserved,
and the company further covenants and agrees to pay all
taxes, general or special, that may be levied or assessed
2 That part of this clause referring to the payment of the obliga-
tion in gold money of the United States is only to be used when the
bonds provide for payment in that way.
s If the deed is executed originally in Mexico a simple statement
that the company mortgages its property in favor of the Rcprcsentanic
C'omun is sufficient, in lieu of the form of conveyance given in the
text.
LEGAL DOCUMENTS AND FORMS. 951
against the mortgage interest or estate created by this docu-
ment, to the end that the said principal and the stipulated in-
terest shall be paid to the legal holders of said bonds and
coupons without any reduction or rebate whatever.
Sixth: 80 long as the company shall make all the payments
of principal and interest in accordance with the tenor and
effect of said bonds and shall fulfill all the conditions of this
instrument it shall remain in possession of said mortgaged
property and may sell the products thereof subject to the con-
ditions of this instrument.
Seventh: All the bonds guaranteed hereby shall be ex-
ecuted immediately upon the execution of this document and
shall -be delivered to the trustee, by whom they shall be duly
certified and thereafter delivered to the president of the com-
pany or to the person designated by him. Xo bond shall be
valid or binding until the certificate endorsed on the back
thereof shall have been duly signed by the trustee. All
parties to this instrument agree that the bonds issued here-
under are to be sold by the president of the company from
time to time as necessity arises and they therefore renounce
the provisions of articles six and seven of the law of the
twenty-ninth of November, one thousand eight hundred and
ninety-seven, with respect to the meeting of the holders of
bonds and further agree that all matters and things which
are provided in and by said law to be decided at such meet-
ing are fixed and determined by the terms of this instru-
ment.
Eighth: In the event of a default by the company in the
payment of the principal or interest of said bonds in strict
accordance with the terms and conditions thereof, or in the
event of the failure of the company to perform any of the
covenants and conditions of this instrument, and in the fur-
ther event that such default or failure shall continue for the
term of sixty days, the holders of a majority of the bonds
then outstanding and unpaid may thereupon declare due and
payable the entire principal of all said bonds.
952 COMPENDIUM OF MEXICAN LAW.
Ninth: In the event that the principal of said bonds be-
comes due either by the maturity thereof under their terms
or by determination of a majority of the holders thereof as
herein provided, the trustee, upon the request of the holder
or holders representing a majority of the bonds outstanding
and unpaid shall have the right to :
1. Xame one or more receivers who shall take possession
of the mortgaged property and operate the same.
2. Take possession of the mortgaged property in his own
name and operate the same.
3. Procure a public judicial sale of the mortgaged prop-
erty.
The trustee may exercise simultaneously any one or more
of the powers herein given him and the exercise of any such
powers shall not prevent the trustee from adopting any other
remedies provided by law for enforcing the payment of the
obligation secured by this mortgage.
Tenth: The trustee or any receiver or receivers appointed
by him hereuuder shall have power to take possession of the
mortgaged premises and of all the books, papers and docu-
ments of the company and may thereafter carry on the busi-
ness of the company as theretofore conducted upon said
mortgaged premises. After possession has been so taken by
the trustee or the receiver appointed by him as herein pro-
vided, the company shall not make any contract or any pay-
ment affecting the business theretofore conducted by it upon
the mortgaged premises. The receiver or receivers appointed
by the trustee under the terms of this instrument shall not
be required to give the bond provided for in article eight hun-
dred and nine of the Code of Civil Procedure of the Federal
District of the Republic of .Mexico and to that end the parties
hereto hereby renounce the provisions of said article. But
the trustee may exact from such receivers whatever bond or
other security he thinks proper. Xo bond shall be required
of the trustee in the event of his taking possession of the
mortgaged premises. The receivers, agents or attorneys
LEGAL DOCUMENTS AXD FORMS. 953
named by the trustee shall be named under the subsidiary
responsibility of the company, the provisions of Article eight
hundred and twelve of the Code of Civil Procedure aforesaid
being hereby renounced. In the event of the resignation or
removal by the trustee of a receiver or receivers theretofore
appointed, the trustee shall have the right to name a new
receiver or receivers, the provisions of article eight hundred
and eleven of said Code of Civil Procedure being hereby re-
nounced.
Eleventh: In the event of the foreclosure of this mortgage
by public judicial sale as herein provided, notice of the place,
day and hour of such sale and of the property to be sold
shall be published once each week for three consecutive weeks
in two newspapers published in the City of Mexico and no
other notice shall be required, the provisions of article one
thousand four hundred and eleven of the Commercial Code
of the Republic of Mexico and of articles seven hundred and
fifty-two to seven hundred fifty-four of the Code of Civil Pro-
cedure of the Federal District of the Republic of Mexico be-
ing hereby renounced. During the advertisement of such
sale the trustee, by himself or through the receiver appointed
by him, may retain possession of the mortgaged property, the
provisions of articles one thousand three hundred and ninety-
two of the Commercial Code and of article nine hundred and
ninety-six of the Code of Civil Procedure of the Federal Dis-
trict being hereby renounced. The trustee may fix the
amount to serve as a basis for such sale in accordance with
the provisions of article eight hundred and fifty-rive of the
Code of Civil Procedure of the Federal District of the Re-
public of Mexico.
Twelfth : In the event of a sale neither the trustee nor the
company nor any holder of bonds owning bonds to the amount
of five thousand dollars shall be required to guarantee any
bid he may make at such sale and therefore the parties hereto
hereby mutually renounce the provisions of article eight hun-
dred and twenty-nine <>f said Code of Civil Procedure re-
954 COMPENDIUM OF MEXICAN LAW.
quiring all bids at judicial sales of real estate to be guar-
anteed.
Thirteenth: The above-named
hereby accepts the nomination of trustee hereunder and
undertakes and agrees to discharge the duties of such trustee
as herein provided, but with the understanding that such ac-
ceptance imposes no liability or obligation whatsoever other
than as determined by the provisions of this instrument. In
the event of the death or resignation of the trustee, his suc-
cessor shall be chosen by a majority of the holders of out-
standing bonds.
Fourteenth: All parties to this contract adopt as their re-
spective domiciles for the purposes of this contract the Fed-
eral District of the Republic of Mexico in accordance with
article thirty-seven of the Civil Code of the Federal District
of the Republic of Mexico and they further agree that any
questions which may arise concerning the interpretation of
this contract and any actions which may be instituted to en-
force any provisions of this contract shall be determined by
the courts of the Federal District of Mexico in accordance
with the laws in force in said Federal District.
Fifteenth: All expenses of this instrument including its
protocolization and registration shall be paid by the company.
The company shall deposit with the trustee the sum of five
hundred dollars each year until the principal and interest of
the within described bonds shall be fully paid, which sum
shall be used by the trustee in the payment of his remunera-
tion and the expenses incurred in the discharge of his obli-
gations hereunder. The remuneration of the trustee shall be
agreed upon between him and the company and in default of
such agreement may be fixed by any competent tribunal.
The trustee shall deliver to the company at the end of each
year such part of the five hundred dollars as may not have
been used for the purposes herein expressed.
Sixteenth: The balance sheet of the company required to
be inserted herein in accordance with the provisions of article
LEGAL DOCUMENTS AND FORMS. 955
four of the law of November twenty-ninth, one thousand eight
hundred and ninety-seven is as follows: 1 (Here insert the
last balance sheet of the corporation.)
The foregoing clauses may be elaborated to fit any particu-
lar case and clauses covering the payment of insurance and
the making of repairs as usually incorporated by American
lawyers in trust deeds to be used in the United States may
also be included.
4 Unless the mortgage is executed in Mexico the balance sheet does
not need to be inserted.
956 COMPENDIUM OF MEXICAN LAW.
'
BOOK XXV.
APPENDIX.
.Chapter 1. Domestic Corporations in Mexico.
2. Foreign Corporations in Mexico.
3. Comparison of New and Former Mining Laws.
CHAPTER 1.
DOMESTIC CORPORATIONS IN MEXICO.
THEIR ORGANIZATION, RIGHTS AND DUTIES.
BY LIC. MANUEL CERVANTES RENDON
OF THE MEXICO CITY BAR.
INTRODUCTION.
The Mexican Law recognizes as " Moral Persons " : 1,
The Nation, the States and the Municipalities; 2, such asso-
ciations or corporations, whether temporary or perpetual,
as are founded for the purpose of public utility, or whose
motive is such, or public and private utility jointly; 3,
civil and mercantile companies, viz: partnerships and cor-
porations, formed according to law. The moral or legal
personality attributed by law to the above-mentioned associa-
tions, corporations or establishments produces two effects:
1, It invests them with a legal entity, that is, it gives them
a legal and separate existence, distinct and independent from
eacli one of the members composing same; 2, it confers upon
them legal capacity for the exercise of all the rights incident
to their object.
We may divide the. moral persons, above enumerated, into
two principal groups: 1, Public Corporations, which in-
clude the Nation, the States, Municipalities, and corpora-
tions which are founded with a view to public utility, such
as hospitals, &c. ; these are governed by the Constitution of
the Republic, and the respective organic laws emanating
DOMESTIC CORPORATIONS IN MEXICO. 957
thereform ; by the State Constitutions and organic laws, by
municipal ordinances, and, in general, by the body of laws
which constitute the Constitutional and Administrative Law
of the Republic; 2, Private Corporations, including: 1,
Foundations and associations established by private persons
for scientific, artistic, religious, humanitarian, literary or sim-
ilar purposes, and, in general, those not having in view the
gaining of profit ; 2, civil and mercantile associations in-
tended for profit.
Civil and Mercantile Partnerships and Corporations.
Mercantile partnerships and corporations are governed by the
provisions of the Code of Commerce, a general law enacted
by the Federal Congress, and in force throughout the Repub-
lic, the States not being permitted to legislate in commercial
matters. The companies referred to are those which engage
in business classed by law as " commercial transactions."
Commercial Transactions. The law considers as commer-
cial transactions: (1) All acquisitions, transfers and bail-
ments made with the object of commercial speculation, of
commodities, chattels, movables or merchandise of any kind,
whether in their natural state, or after being manufactured
or partly wrought. (2) The purchase and sale of real estate,
when made with the object of commercial speculation. (3)
The purchase and sale of an interest in and of the shares
and bonds of commercial companies. (4) Contracts relating
to the obligations of a State, or other securities customary
in trade. (5) Concerns having for their object the trading
in provisions and other supplies. (6) Concerns for contract-
ing public and private works. (7) Building and manufac-
turing concerns. (8) Transportation of persons or goods In-
land or water. (0) Establishments for the sale of books,
and editorial and printing houses. (10) Concerns for com-
mission and agency business, mercantile commission and
agency and establishments for conducting public sales. ( 11 )
"Enterprises for public amusements. (12) Banking operations.
(115) Contracts relating to maritime commerce and naviga-
958 COMPENDIUM OF MEXICAN LAW.
tion. (14) Insurance contracts of all kinds. (15) Commer-
cial deposits, warehouse deposits and the operations made with
their certificates. (1C) Contracts involving the issuing of
checks, letters of credit, bills of exchange, drafts, promis-
sory notes and other negotiable instruments. (IT) All obli-
gations of merchants and those between merchants and bank-
ers, unless they are shown to be of an essentially civil na-
ture. (18) Sales by farmers of their products. (19) Min-
ing enterprises. (-0) Other analogous acts. When the
nature of these is in doubt, it will be fixed by the courts.
Kinds of Commercial Companies. The law recognizes five
kinds of commercial companies: (1) Ordinary partner-
ships, viz : unlimited liability. (2) Partnerships having one
or more dormant partners. (3) Limited companies or Cor-
porations. (4) Joint Stock Companies. (5) Co-operative
Societies.
Mercantile Associations. These are according to the Com-
mercial Code associations for mercantile transactions, formed
without any special legal formality, either for a special trans-
action or for various ones for a limited time. These asso-
ciations are unusual.
Companies Under the Civil Lair. These companies or
partnerships are such as are formed under and subject to the
civil codes of the various states, for the purpose of gain and
which do not fall within the definition of Commercial Com-
panies.
There are three categories of them, viz: (1) General,
including all property of which the partners are possessed ;
(2) general partnerships limited to all profits derived; (3)
special, or, those referring to such property as may be men-
tioned as forming the object of the association, to its fruits
of production, or to the exercise of a stated industry or pro-
fession.
These companies may be organized under the provisions of
the commercial code, without losing their character as civil
societies.
DOMESTIC CORPORATIONS IN MEXICO. 059
In this chapter we shall only refer to corporations formed
with commercial ends in view.
DOMESTIC CORPORATIONS.
Who May Organize a Corporation. The organizers of a
corporation must be individuals of full age in possession of
all their civil rights. Persons under parental control, guard-
ianship or disability by marriage, cannot organize a corpora-
tion, with the following exceptions:
Minors under 21 but over 18 years of age, legally eman-
cipated or licensed by the Court, or legally authorized by
their parents or guardians. Married women, over 18, duly
authorized by their husbands, in a public document, (declara-
tion before a Xotary Public) ; this authorization may be
special or general and is subject to be revoked by the hus-
band at pleasure. This authorization is not required in case
of legal separation, declared absence, interdiction or priva-
tion of civil rights of the husband.
Form of Organization. The law recognizes two w^ays of
organizing a corporation :
First: Two or more parties may appear before a Notary,
either in person, or by a duly constituted attorney, and exe-
cute articles of incorporation, which must contain the fol-
lowing requisites :
1. The names and residences of the parties.
2. The name of the corporation.
3. The domicile of the same.
4. The object for which it is organized, its duration, and
how 7 same is to be computed.
5. The capital stock, specifying the kind, number and
value of the shares into which it is divided, and the value
and amount subscribed.
6. The manner in which the affairs of the company are to
be directed, specifying the powers of the directors or man-
agers.
7. The amount of the reserve fund.
900 COMPENDIUM OF MEXICAN LAW.
8. The manner and form of dividing profits or losses.
9. The part of the profits reserved as founders' shares and
how to be received.
10. In what cases the winding-lip of the corporation is to
take place before the time fixed for its expiration.
11. The basis for the liquidation and how the liquidators
shall be chosen, if they have not been previously appointed.
12. The proof of the value attributed to the securities,
goods or chattels, personal or real property, which may have
been contributed by one or more of the organizers.
SOME EXPLANATIONS RELATING TO THE FOREGOING
REQUISITES.
Name of tlie Corporation. After the name of the cor-
poration the words, " Sociedad Anomma" or the abbrevia-
tion, " S. A." (equivalent to " Ltd."), must always be added.
The name or names of the organizers must not figure in the
denomination of the corporation, else the organizer or organ-
izers whose name or names so figure, will be held personally
and severally liable for the obligations of the company. For
example: "Smith-Jones Hardware Co. S. A."; if Smith
and Jones are actively interested in the corporation thus
denominated, having included their names in the title they
arc personally and severally responsible for the liabilities
of the corporation.
The name of the corporation must be different from that
of any existing corporation.
Domicile of tJie Corporation. The founders may elect the
domicile they choose, always provided it be within the limits
of the Republic. The domicile may be changed by modify-
ing the articles of incorporation on this point.
Capi/til ft fork. The capital stock must be divided inlo
shares of equal value.
The capital stock must be subscribed in its entirety, when
the company is constituted, either by the founders or others.
DOMESTIC CORPORATIONS IN MEXICO.
961
At least ten per cent, of the cash capital must he paid in.
The founders may stipulate a time for the payment of said
ten per cent, or for the first assessment that may be agreed
upon by them. In case of organization by public subscrip-
tion, shares on which assessments are not paid at the periods
they fall due, will be considered as not having been sub-
scribed.
The whole or any part of the capital stock may consist of
goods, chattels, real or personal property, shares or services
contributed by one or more of the shareholders, the value of
which shall be represented by non-assessable or paid-up
shares.
The capital stock may be increased or decreased as may be
stipulated in the articles of incorporation or by-laws. If
they contain no stipulations in this respect, a general meet-
ing of which three-fourths of the capital stock is represented
may decree the increase or decrease by a unanimous vote of
shareholders representing one-half of the capital stock. Such
modifications as may be made must be reduced to a public
instrument, and then registered in the Register of Commerce.
Shares. The articles of incorporation must state the rights,
privileges and obligations of the different kinds of shares
issued. If no stipulation is expressed in this respect all
shares shall have equal standing. The shares or certifi-
cates for same must be signed by the number of directors
specified in the by-laws and must contain the following
requisites: (1) .Name and domicile of the company.
(2) Date of incorporation. (3) Capital stock, number of
shares in which same is divided and the assessments paid.
(4) The duration of the company. (5) The rights reserved
to shares by the articles of incorporation or by-laws.
For nominative shares a register must be kept which must
contain: (1), The names and residences of the shareholders
and the number of shares held: fiM, the calls paid: ('}}, the
transfers made, with their respective dates, or, when per-
mitted bv the bv-laws, the change of nominative shares to
962 COMPENDIUM OF MEXICAN LAW.
bearer, with the date the change is effected : the transfer of
nominative shares is made by means of a declaration to that
effect in said register, signed by both parties to the contract
or their respective agents, on the date the transfer is ef-
fected; (4), the number of shares deposited as guarantee by
the administrators, directors and examiners.
Classes of Shares. They are generally either to bearer or
nominative. In case of bankruptcy of a corporation, such
nominative shareholders as may not have paid all their assess-
ments may be required by the receiver to contribute to the
extent of their liability, if necessary ; but this is not the
case with shares to bearer. These are transferred by the
delivery of the certificate.
Shares are again divided into payable or assessable ; paid-
up or non-assessable, common and preferred.
Prohibition for Corporations to ttinj their own Shares.
Corporations are prohibited from purchasing their own
shares, except iu the following cases: (1) When fully paid-
up shares arc purchased with the authorization of a general
meeting and with profits not belonging to the reserve fund.
(2) When the purchase is made by virtue of an authoriza-
tion already provided in the by-laws. (;>) When the pur-
chase is made with the capital of the corporation, comply-
ing with all the formalities prescribed for the reduction of the
capital stock.
Shares purchased in the first mentioned case have no rep-
resentation at general meetings, and cannot be computed in
making up the majorities referred to in the by-laws. The
titles of shares purchased in the last two mentioned cases
shall be cancelled.
Purchases made in spite of above prohibition are not ipso
facto void, unless bad faith is shown on the part of the
vendor, but the directors or managers responsible for them
will be held liable for any loss or damage resulting to the
corporation thereby, and may also bo criminally accountable.
Corporations cannot make loans on their own shares.
DOMESTIC CORPORATIONS IN MEXICO. 963
Administration* The management of corporations is tem-
porary and revocable. Shareholders holding such trust
shall be considered as agents.
Managers. The management of corporations is entrusted
to a Board of Directors and one or more managers. Cor-
porations may appoint consulting committees outside of
their domicile.
Board of Directors. All members of the Board of Direct-
ors shall be elected by a general meeting of stockholders;
nevertheless, the first time they may be named in the arti-
cles of incorporation. They may be reflected unless other-
wise stipulated.
Vacancies in the Board of Directors shall be filled as
prescribed in the by-laws of the corporation.
The position of member of the Board of Directors is per-
sonal and cannot be delegated.
Deposit of Shares. The members of the Board of Direct-
ors must deposit with the corporation, during their term of
office, a certain number of shares as security for the per-
formance of their duties. The by-laws shall designate in all
cases the number of such shares.
Powers. These should be specified in the articles of
incorporation. The law gives the Board ample powers to
carry out any and all contracts according to the nature and
object of the corporation, unless restricted by the Articles
of Incorporation, or by-laws.
Responsibility of the Directors. They cannot be made
personally liable as to third parties with reference to any
contract made in the name of the company. To the cor-
poration they are responsible as its agents. For any
responsibility incurred, however, they can only be called to
account through a general meeting or by the person ap-
pointed for the purpose by such meeting.
Managers. The management of the affairs of the corpo-
ration as well as its representation in everything relative
thereto, shall be entrusted to one or more a-cnrra! managers.
904 COMPENDIUM OF MEXICAN LAW.
whose appointment, dismissal and duties shall be prescribed
in the by-laws. It is advisable to specially confer upon
them the right to represent the company before the courts.
The responsibility of said agents is regulated by the ordi-
nary principles of law.
Consulting Committees. These will have the powers con-
ferred on them by the articles or by-laws. The law does not
require their appointment.
SUPERVISION.
The supervision over the affairs of corporations shall be
entrusted to one or more shareholders, styled examiners
(comisarios}, and who, before entering upon the discharge of
their duties, must deposit the number of shares prescribed by
the by-laws.
The examiners shall be named in a general meeting;
nevertheless, the first time they may be designated in the
articles of incorporation. Notwithstanding any stipulation
to the contrary, the examiners shall always be eligible for
reelection and their trust revocable.
The vacancies in the office of examiners shall be filled in
the manner prescribed by the by-laws, but always by elec-
tion at a general meeting.
Powers and Duties of tJie Examiners. The examiners
have an unlimited right of supervision over the operation of
the corporation. Whenever they may desire, they shall be
permitted to examine the books, correspondence, minutes,
and, in general, all the documents and papers of the corpora-
tion ; in consequence, the shareholders cannot exercise these
powers independently. The directors shall deliver to them
every year the general balance sheet for verification, and the
examiners shall present to the meeting the result of their
labors with any proposals which they may deem fit, accom-
panied by the necessary explanations and demonstrations.
Their Responsibility. The responsibility of the exam-
DOMESTIC CORPORATIONS IN MEXICO.
incrs is regulated in the same manner as that of the Board
of Directors.
MEETINGS.
A general meeting of shareholders has the most ample
power to carry into effect and ratify all the acts of the cor-
poration. Such meeting, unless otherwise prescribed, has the
right to amend the by-laws of the corporation.
Meetings are ordinary or extraordinary :
Ordinary Shareholders' Meetings. Ordinary meetings
shall be held annually after the termination of the corpora-
tive year. The following matters shall be in order at the
general ordinary meeting: (1) To discuss, approve, or
modify the general balance sheet, after hearing the report
of the examiners. (2) To elect the members of the Board
of Directors that are to serve. (3) To elect examiners.
(4) To determine the remuneration to be paid to the mem-
bers of the Board of Directors and the examiners, if not
prescribed in the by-laws. (5) Any other business indi-
cated in the call for the meeting.
Calls. The call for meetings shall be made by the Board
of Directors or by the examiners, by publishing in the Offi-
cial Journal of the State, District or Territory in which the
company has its domicile, an advertisement to that effect.
This notice must contain the order of the day.
Special Meetings. The call for special meetings is made
as for the ordinary ones, by the Board with at least one
month's notice ; also on the petition of shareholders repre-
senting not less than one-third of the capital stock, said peti-
tion to contain the points to be discussed and voted upon.
Quorum. To constitute a quorum more than one-half
of the capital stock must be represented. If there should
be less, the call will be repeated, and the meeting held no
matter what number of shares may be represented. Unless
the articles of incorporation or the by-laws provide other-
wise, the representation of three-fourths of the capital stock.
966 COMPENDIUM OF MEXICAN LAW.
and the unanimous vote of shareholders representing half
of said capital stock, shall be necessary to pass the following
resolutions :
1. Dissolution of the corporation before the time pre-
scribed, except in case of the loss of the capital stock.
2. To extend its duration.
3. To consolidate with other corporations.
4. To reduce its capital stock.
5. To increase its capital stock.
6. To change the object of the corporation.
7. Anv other modification of the articles of incorporation
or of the by-laws.
Minutes. The minutes of the General Meetings shall be
recorded in duplicate and to one of the copies a list of share-
holders present with the number of shares and votes repre-
sented by each, shall be attached.
Minute Books. In the minute books, which each com-
pany shall keep, treating of general meetings, shall be ex-
pressed : the date, those present at them, the number of
shares which each one represents, the number of votes which
he may make use of, the resolutions which may be passed,
which must be recorded to the letter ; and when the voting
is not by ayes and nays, the number of votes cast, care being
taken to record everything which may conduce to a complete
knowledge of what was resolved. When the minutes refer to
directors' meeting, there shall be entered : the date, the
names of those present, and an account of the resolutions
passed. These shall be signed by the persons designated in
the by-laws.
Votes. The number of votes to which shareholders are
entitled, as well as the manner of computing them, shall be
determined by the by-laws.
The resolutions adopted at general meetings must be passed
by at least an absolute majority of the votes of the shares that
can be computed.
DOMESTIC CORPORATIONS IN MEXICO. 967
Members of the Board of Directors cannot vote : ( 1 ) To
approve the accounts., (2) On resolutions that affect their
personal responsibility.
Shareholders, General Eights of. The shareholders cannot
examine the books and papers of the company, that being re-
served to the examiners. At the general meetings they may
be represented by power of attorney (proxy), as the by-laws
may provide. The members of the board of directors cannot
hold such representation.
Dividends. Corporations cannot distribute to their
shareholders more profits than those appearing in the general
balance sheet as having been obtained for their benefit ; never-
theless it may be stipulated in the by-laws or articles of
incorporation that the shares, during a period not to exceed
five years, shall draw a rate of interest not exceeding six
per cent, per annum. In that case the amount of such inter-
est shall be considered as forming part of the expenses of
organization. Shareholders shall never be obliged to return
any dividends that they may have received.
Reserve Fund. From the net profits of the corporation
there must be set aside yearly a portion, which shall not be
less than five per cent, thereof, to constitute the reserve
fund, until it aggregates at least one-fifth of the capital
stock.
The reserve fund must be re-formed in the same manner
whenever it may, through whatever cause, be diminished.
Dissolution of Corporations. Corporations may be dis-
solved: (1) By the consent, of the shareholders, as before
explained. (2) By the expiration <>f the period for which
they were established. (13) By reason of the loss of one-
half of their capital stock, whenever the dissolution is ap-
proved at a general meeting, by a vote of at least a majority of
the shareholders representing one-half of said capital stock.
(4) By the bankruptcy of the corporation, legally declared.
Liquidation of Corporation*. When the dissolution of a
corporation is determined upon at a meeting, the appoint-
90S COMPENDIUM OF MEXICAN LAW.
merit of liquidators shall lie made, and if that is not done,
the judicial authority shall appoint them when requested to
do so.
The appointment of liquidators terminates the trust and
duties of the directors of the corporation. The latter shall,
nevertheless, lend their aid to the liquidators whenever they
are requested to do so.
The accounts of the directors, during the period comprised
from the date of the last balance sheet approved by a
meeting, and the opening of the liquidation, shall be pre-
sented to the liquidators for their approval.
When one or more directors are appointed liquidators,
the accounts referred to in the foregoing paragraph shall
be published in two or more newspapers of the domicile of
the corporation, with the final balance sheet of the liqui-
dation ; but if the latter comprises a period beyond the
corporation year, the accounts mentioned must be annexed
to the first balance sheet that the liquidators shall present
to a general meeting of shareholders.
If the liquidation lasts one year, the liquidators shall
make up the annual balance sheet, in conformity with the
prescriptions of the law and of the by-laws.
On the termination of the liquidation, the liquidators
must make out the iirst balance sheet, stating the portion
which corresponds to each share in the distribution of the
capital slock, and such balance sheet shall be published for
thirty consecutive days in one or more newspapers issued at
the domicile of the corporation. The shareholders within
fifteen days after the last publication thereof, must present
their claims to the liquidators which shall be passed upon
at a meeting to be called for that purpose, by a majority of
votes, each share to have one vote. After the expiration of
the time mentioned, whether there have been no claims
presented, or whether they have been acted on by the
meeting, the final balance sheet shall be considered as ap-
DOMESTIC COErOKATIOXS IN MEXICO. 9 09
proved, the responsibility of the liquidators to remain in
force, as to the distribution of the capital stock.
Distribution of Assets. The amounts belonging to the
shareholders that are not demanded within two months after
the day when the balance sheet is approved, shall be deposited
in any banking institution to the credit and in the name of
the shareholder, if the share is nominal, or to the number of
the share, if to bearer. Said amounts shall be paid by the
banking institution wherein the deposit may have been made,
to the person named, or to the bearer of the share.
Taxes. When the articles of incorporation are completed,
the Notary, for account of the organizers, pays the imposts,
which'are: (1) Stamp tax on the capital stock, and (2)
stamp tax on the protocol and certified copy of the articles of
association.
The tax on the capital stock is as follows :
Up to $500,000.00 Mex., on each $1,000.00 or
fraction thereof $1.00 Mex.
From $500,000.00 to $1,000,000.00, on each
$1,000 or fraction thereof 0.50
Over $1,000,000.00, on each $1,000.00 or frac-
tion thereof , . . 0.10
The Register in which the Articles of incorporation are
preserved is stamped at the rate of $1.00 Mex. per sheet,
as also the certified copy issued for registry.
The by-laws, when protocolized, are stamped at the rate of
$2.00 Mex. per sheet.
There is no annual tax on the capital stock.
Certified Copy. The imposts being paid, the Xotary
issues the certified copy above referred to showing that the
corporation has been legally constituted.
Registry. The aforesaid certified copy is presented to
the commercial section of the Public "Registry, at the place
where the incorporation was effected. The Registrar in-
scribes the articles of incorporation in the book designed for
970 COMPENDIUM OF MEXICAX LAW.
that purpose, and returns the certified copy with the proper
annotation.
The registry involves no expense. The office is public and
these inscriptions may, therefore, be consulted at all times,
for the purpose of obtaining data, regarding any corpora-
tion or partnership.
Any change in a company or dissolution must also be in-
scribed, as also the naming or removal of the managers of the
company.
Xeglect to register, produces the following effects :
First. The company has no legal standing, and cannot,
therefore, sue for the fulfillment of its contracts.
Second. In case of bankruptcy this will be presumed
fraudulent, and, unless the administrators are able to prove
the contrary they will be liable to imprisonment and de-
barred from exercising commerce.
With the certificate of the Registry Office the legal consti-
tution of the company is completed.
BY PUBLIC SUBSCRIPTION. Second Form of Organization.
The second manner of organizing a corporation is to formu-
late a program to be signed by the initiators. This pro-
gram must contain in full the projected by-laws of the pro-
posed corporation, with such explanations as may be deemed
expedient ; the amount of the capital to be paid in, which
in no case must be less than 10% ; besides if any portion
of the capital is represented by other values than cash,
this must be duly proven by certificates given by experts.
This program must be made public.
The next step is to obtain the subscription of the capital
'stock, which must be fully subscribed, and the aforementioned
10% of the portion to be contributed in cash, paid in, viz:
deposited in a banking or mercantile house. If all, or any
portion of the capital stock, is represented by other values
than cash, these shall be represented by fully paid up, i. e.
free shares.
The subscriptions of shares may bo taken on one or more
FOREIGN CORPORATIONS IX MEXICO. 971
copies of the prospectus, and subscribers must indicate their
name, surname, firm name and domicile, number of shares
subscribed, date of subscription, and an express declaration
on the part of the party subscribing that the contents of the
proposed by-laws are fully known to him and that he accepts
same. This declaration must be attested by two witnesses.
The funds deposited by subscribers shall be at the order of
the administrators of the company, who may be named by
the shareholders at the first general meeting.
At this meeting, to be held as soon as the entire capital
stock is subscribed, the following order of business will be
observed: (1) The computation of the amounts deposited
by the subscribers, as per call of the initiators, and the ap-
proval of such call. (I) Discussion of the values attributed
to the securities, goods or chattels or real property which
may have been contributed by one or more of the mem-
bers ; on this point the parties contributing are excluded
from voting. (3) Discussion and approbation of the by-
laws. (4) Agreement as to the participation the founders
may have reserved to themselves in the profits. (5) Xaming
of the administrators and examiners who are to hold office
for the term fixed in the by-laws.
The minutes of this meeting, signed by all the share-
holders present thereat, with a sheet annexed showing the
number of shares represented by each, also signed, are
then delivered to a Xotary for protocolization, together with
the respective by-laws.
These latter must contain the requisites already specified
in treating of the organization of companies under the first
form.
Books and Accounts. Besides the minute books, already
mentioned, the corporation, as all merchants, must keep a
set of books, consisting of inventory or balance book, Journal
and Ledger. Tn case sales are made a stamped sales book
must also be kept, as well as a stamped book for all bills
over twenty pesos, with a stub which must show that the
972 COMPENDIUM OF MEXICAN LAW.
proper stamps have been attached to the respective bills.
(Five cents for each $10.00 or fraction thereof.)
These books must be kept in Spanish and according to
the rules of scientific bookkeeping universally accepted.
The fact of the merchant being a foreigner does not relieve
him of the obligation of keeping his books in that language,
under penalty of $50 to $300 and expenses of translating said
books ; but as he need not keep them personally, that is, in
no way, a difficulty.
The aforementioned books must, before opening them, be
presented to the stamp office for authorization. This office
adheres and cancels the necessary stamps on the first page of
each book, the quota being five cents per leaf, except for the
sales-book, which pays one cent per leaf.
CHAPTER 2.
FOREIGN CORPORATIONS" IX MEXICO. 1
THEIR PROTOCOLIZATION AND REGISTRATION.
BY E. DEAX FULLER, ESQ.,
OF THE MEXICO CITY BAR.
Companies legally constituted in foreign countries, which
establish themselves in the Republic of Mexico, or have in it
an agency or branch, MAY ENGAGE IN COMMERCE, but in order
to do so they are subject to die general provisions of the Com-
mercial Code of Mexico (a General Code governing all mat-
ters of a commercial nature throughout the Republic), con-
i This chapter 2 is particularly instructive in that it contains, be-
sides important data in regard to foreign corporations establishing
themselves in Mexico, the full particulars of the " Protocolization "
of Charters, and all other public instruments, such as deeds, mortgages,
powers of attorney, and all documents coming from a foreign country
and requiring, before being given any legal effect, to be " protocolized "
before a Notary. The modus oftcrandi is carefully explained.
FOREIGN CORPORATIONS IX MEXICO. 973
cerning the promotion of their establishments within Mexico ;
their mercantile operations in Mexico ; and the jurisdiction of
the courts of Mexico in matters arising therefrom.
Just what is meant by the term " engaging in commerce,"
is clearly denned by the law. To determine whether or not
the foreign corporation is subject to the provisions of the
Commercial Code when it " establishes itself in Mexico and
has in it an agency or branch/' it is necessary to ascertain if
the corporation will engage, as its ordinary occupation, in any
of those branches of business classed as " Commercial Opera-
tions." If so, then it is subject to the laws as prescribed by
the above Code.
Having ascertained that the foreign corporation is to en-
gage in " Commercial operations " in Mexico as above de-
nned, it must proceed to comply with the requirements of
the law before entering and engaging in its intended business.
STEPS TO BE TAKEN : These requirements are as fol-
lows:
FIRST: That the company legally protocolize in Mexico,
its statutes, contracts, and other documents referring to its
constitution, in the manner hereinafter explained.
SECOND: That the corporations shall present in the of-
fice of the Commercial Register where operating the pro-
tocol ization above referred to, and the invoice or last balance
sheet, if the corporation has one.
THIRD : That it shall secure a certificate from the Mex-
ican Minister, Ambassador, or in his absence from a Mexican
Consul, to the effect that the corporation has been constituted
and authorized in accordance with the laws of the foreign
country.
FOURTH : That it shall publish annually a balance sheet
stating clearly its assets and liabilities, as well as the names
of the persons who have its management and control.
Failure to conform to these requirements renders those who
contract in the name of the company personally and jointly
liable for all the obligations incurred in Mexico.
9Y-t COMPENDIUM OF MEXICAN LAW.
PROTOCOLIZATION : This is tlie legal term for the act
of legalizing documents executed in a foreign country, or
issued by it, in order to prove their validity and give them
legal force in Mexico. This, as already stated, is required
of foreign corporations entering Mexico to engage in com-
merce. We shall therefore proceed to explain the require-
ments for this purpose.
As will clearly appear by what has preceded, all foreign
corporations entering Mexico are not required to be pro-
tocolized. For example : foreign corporations acquiring
lands in Mexico which are not for the purpose of commercial
speculation through an agency or branch located in Mexico
as recognized by the law, need not be protocolized.
However, even in those cases where the law does not re-
quire same to be done, it is generally advisable to protocolize
such foreign corporations for the purpose of facilitating its
operations in Mexico and to enable the company to establish
its legal existence when such proof is made necessary.
Whether such protocolization be of a " commercial com-
pany " or a " non-commercial company," the procedure in
making such protocolization will be identical, and as follows:
CERTIFIED COPY OF ARTICLES OF INCORPORATION : The
charter having been issued to the corporation in the United
States, or its Articles of Incorporation having been filed, the
State or Territorial authority before whom filed will issue a
copy of such Articles of Incorporation (and charter, if any),
and will certify to same in regular form.
CONSULAR, CERTIFICATE: 'Such certificate and copies
having been issued, in the event of there being a Mex-
ican Consular Officer in such State or Territory, the docu-
ments should be presented to him for the purpose of securing
from him t\vo certificates: One to the effect that the sig-
nature of such State or Territorial Officer is entitled to credit ;
and the other, that the company has been constituted and
authorized in accordance with the law of such State or Ter-
ritory.
FOKEIGX COUl'ORATlOXS LV MKX1CO. 975
ABSENCE OF MEXICAN CONSUL: In some American
States and Territories, however, there are no Mexican
Consular officers. In that event the above document as
received from the State or Territorial Officer must be for-
warded to Washington, D. C. where the Secretary of State
will first affix his certificate to the State authority, and the
Mexican Ambassador will then issue his certificate to that
of the Secretary of State, and will also issue certificate as
required by Mexican laws that the corporation has been le-
gally organized. For the purpose of obviating delays and
difficulties at Washington, it is ahvays best to entrust this
work to an attorney at that point for attention.
FURTHER DOCUMENTS: The statutes of the company
having been legalized to this extent they are ready for
transmission to Mexico City, to be further dealt with there.
But other documents are required before the corporation
can be given a legal existence in Mexico, as before set
forth : -
COPIES OF MINUTES OF COMPANY AND BY-LAWS: If
the officers are not named in the Articles of Incorporation,
or w r here others have later acquired the office of the original
officers, these facts must be made to appear in the
documents to be registered in Mexico, by copies of the min-
utes showing their election. Also copies of the By-Laws,
and if any, of the Amendments to same, and resolution of
their adoption. These will be made to appear by means of
copies of such acts and proceedings which the Secretary of
the Company must make and certify to.
FORWARD DOCUMENTS TO MEXICO CITY: When the
above documents have been completed in the manner above
set forth, they should all be forwarded to Mexico City,
to there be presented to the Department of Foreign Rela-
tions, which will legalize the certificates of the Mexican
Consul or Ambassador attached to same. Upon this being
completed the documents are ready for " Protocolization."
PLACE OF PROTOCOLIZATION :- The act of protocoliza-
9Y6 COMPENDIUM OF MEXICAN LAW.
tion may be performed in any part of the Republic of
Mexico, but American corporations as a rule prefer that
this work be performed in Mexico City, where the best legal
talent can be secured, and the work be despatched with the
least possible delay.
TBANSLATION OF DOCUMENTS INTO SPANISH : In order
to protocolize a document the law requires that it shall be
presented to the Court in the Language of the Republic,
Spanish, and that being in any other language when
presented to the Court, it shall be translated into Spanish
by a person appointed by the Court for such purpose.
This person having accepted his appointment as translator,
next presents his translation and certifies to the correct-
ness thereof. This translation may, however, be made
and certified to by a Mexican Consul or by the Mexican De-
partment of Foreign Relations, and when this is done, the
translation, together with the original documents, are pre-
sented to the- Court at the same time.
APPLICATION TO COURT FOR PROTOCOLIZATION : The
documents having been properly and legally presented to
the Court and the questions of Translations settled in one
of the ways above set forth, a judicial examination is
made to ascertain if the Company and the documents pre-
sented are in all respects in conformity with the laws of
Mexico, and being so, an order is made by the Court approv-
ing same and directing that the documents be delivered to a
designated Xotary Public.
O i/
RECORDING BY XOTARY PUBLIC; PAYMENT OF TAX:
Having received the documents from the Court, the Xo-
tary Public then proceeds to engross same in his book kept
for such purpose, together with all orders of court, cer-
tificates, etc., as the same may appear by the records re-
ceived by him from the Court. After engrossing such doc-
uments as before stated, a copy is made thereof, the original
documents being retained in the archive of the Xotary Pub-
lic. The copy made by him is then submitted to the Revenue
FOREIGN CORPORATIONS IN MEXICO. 977
Stamp Department, together with the Notary's statement
as to what, in his opinion, are the taxable costs in favor of the
Government by reason thereof, which amount he tenders in
payment to the Department. The Department then notes
its receipt of this tax upon the copy presented ; following
which the Xotary attaches the necessary adhesive Revenue
Stamp of $1.00, Mexican Peso per page, on the copy of the
documents. Upon payment to the Xotary of his fees and dis-
bursements, this certified copy of the protocolized documents,
with its attached receipts, is ready for delivery to its rightful
owner. These costs must be paid to the Department within
thirty (30) days from the date which the protocolization car-
ries ; otherwise the documents are valueless, and for this
purpose Xotaries require deposit from clients of such costs
and their fees, in order that they may make payment with the
client's money.
The certified copy as above referred to should be care-
fully preserved as it will be required upon many occasions
in evidencing the legal existence of the corporation, and its
protocolization in .Mexico."'
GOVERNOR'S CERTIFICATE TO XOTARY'S SIGNATURE:
Should it be necessary to use the above documents outside
of the State, District or Territory in which protocolized, then
it will be required that the certificate of the Governor of
such State, District or Territory be secured to that of the
Xotary Public.
TAX ON ORGANIZATION OP CORPORATION: In Mexico
this tax is much similar to the tax on new corporations in
the States of the United States of America, being based upon
the authorized capital stock of such corporation when
organized or registered under the laws of such States;
that is; The law exacts a tax from a corporation, of a fixed
sum per thousand dollars of its authorized stock up to a cer-
tain sum, and this tax is decreased as the capitalization in-
creases. In some American Slates this tax must also be paid
by corporations under certain conditions when entering an-
978 COMPENDIUM OF MEXICAN LAW.
other State, being payable to such other State when regis-
tered therein.
In Mexico this tax accrues to the Federal Government and
entitles the corporation to engage in business in any of the
States, Territories or Federal District of Mexico without the
payment of an additional tax for such privilege. To both
domestic Mexican, and foreign corporations this tax is alike.
The basis thereof is as follows :
One each $1,000, Mexican pesos, up to $500,000
Mexican pesos $1.00 peso.
On each additional $1,000 Mexican pesos or frac-
tion thereof up to $1,000,000 Mexican pesos .50 peso.
On each additional $1,000 Mexican pesos or
fraction thereof, in excess of said $1,000,000
Mexican pesos 10 peso.
In estimating this tax upon American corporations, the
American Dollar is considered equal to a fraction less than
two Mexican Pesos ($1.98 pesos).
This tax must be paid in order to complete the protocoliza-
tion of the corporation, and unless paid within a period of
thirty (30) days from the date of the entry of the protocol-
ization by the Notary Public in his records as heretofore
described, a new record will have to be made at a considera-
ble expense.
NOTARIES PUBLIC AND THEIR FEES: In Mexico this
is a profession to itself, although, as a rule, the person se-
lected holds the title of attorney, owing to the necessity
of a legal training. Only a limited number of licenses to
the office are granted in each locality, and the incumbents
are selected with a view to their fitness for the office.
The fees they charge are regulated by the law. In mat-
ters of protocolization of foreign corporations, this fee is
about $100.00 Mexican Pesos, equal to about $50.00, United
States Currencv.
PROTOCOLIZATIOX OF DOCUMENTS. !)T9
EXPENSES OF PROTOCOLIZATION.
The exact sum in connection with each item cannot be
given, but in a general way, expenses will arise from the
following sources :
Charges of the State or Territorial authority in the United
States of America for issuing certified copy of Articles of
Incorporation of the Company (and its charter, when
issued).
Consular or Ambassador's fees for certificates in which is
authenticated the signature of the State or Territorial au-
thority issuing the foregoing documents.
Costs of Certificates of Consul or Ambassador that the Cor-
poration has been constituted and authorized in accord-
ance with the laws of such State or Territory.
Charges of the United States Secretary of State for his Cer-
tificate, when required, as hereinbefore set forth under
the title of " Absence of Mexican Consul." Also charges
of Washington, I). C., attorney, when his services are re-
quiied for this purpose.
Revenue Stamps on each certificate of Mexico Consul or
Ambassador to be affixed by Department of Foreign Re-
lations in Mexico, when presented to that Department
for its certificates.
Costs of translation of documents to be protocolized. Rev-
enue stamps on each of the documents in presenting them
to the Court for order of protocolization, as also upon
pleadings connected therewith.
Mexican Government Stamp Tax on Corporations.
Charges of oSTotary Public for services in connection with
protocolization.
Stamps on Certified Copy of protocolized documents.
Fees of Mexican Governor when his certificate is required
as hereinbefore set forth.
Charges of attorney in Mexico in connection with protocoliza-
tion of corporation.
980 COMPENDIUM OF MEXICAN LAW.
WHEN PROTOCOLIZATION COMPLETED : Upon comple-
tion of the protocolization, the corporation becomes a
" merchant " as recognized by the law, in all its com-
mercial operations in Mexico, and as such must follow
the laws of the country in all such operations within it. It
is not required to do so in its foreign operations as before
stated, nor in corporate affairs with its stockholders or offi-
cers, the State of its creation retaining jurisdiction over the
latter, stockholders being required to assert their rights in
and under the laws of the country where organized.
REGISTRATION IN COMMERCIAL EEGISTER : Having com-
pleted the first and the third requisites of the law
as first set forth herein for the purpose of engaging in
commerce in Mexico, the commercial corporation becomes
subject to the requirements of the laws of Mexico in all
things relating to its commercial operations within the Re-
public.
This law, as before set forth, requires that the corpora-
tion shall present the documents evidencing its protocoliza-
tion ; its further documents regarding interests or commer-
cial operations in Mexico, and its last invoice, if there be one,
to the Commercial Register of the jurisdiction wherein it
has its branch or agency. It will be seen that the presenting
of an invoice is not obligatory.
In presenting these documents to the Commercial Regis-
ter of the locality where the corporation is to engage in busi-
ness, a petition is also presented, in the form required by the
law and furnished by such office, in which is set forth the
general information required to be kept by this Department,
such as the name of officers, agents, etc. This information is
exacted for the purpose of information and record, and is
open at all times to the public.
COMMERCIAL BOOK-KEEPING: One of the bases upon
which taxation is exacted in the Republic of Mexico be-
ing that of the commercial operation? of its merchants, the
law require? of them the adoption and strict adherence to a
THE NEW MINING LAW. 981
set system of book-keeping for the purpose of avoiding frauds
upon the Government in this regard.
The books required to be kept are a " book of invoices
and balances " ; the '* general day-book," and " the ledger."
It is further required that these books be " bound, lined,
paged and stamped with the proper stamps in the manner
provided by law." They must be kept in Spanish.
The forms to be observed as required by the law are many,
and as a statement of this law would be of little interest at
this time, we will refrain from going into it. However, the
law is very exacting, . and heavy penalties are attached to
those failing to -conform thereto. The books are " author-
ized " and stamped when presented to the Tax Office for
notice.
CHAPTEK 3.
COMPARISON OF THE NEW AND FORMER MINING LAWS OF
MEXICO.
BY FREDERIC R. KELLOGG, ESQ., OF THE NEW YORK BAR.
(By courtesy of The Corporation Trust Co.).
While the mining law of Mexico of the 25th of Xovember,
1909, is not a radical measure, it does, nevertheless, embody
a number of changes which are of much importance to law-
yers and investors interested in Mexican affairs.
It is my intention to briefly note such of these points as are
of principal importance.
I. The substances which belong to the public domain are
now defined as being:
" All inorganic substances which, in veins or masses of
whatever form, constitute deposits whose composition is dis-
tinct from that of the native rock, such as those of gold,
plantinum, silver, copper, iron, cobalt, nickel, manganese,
lead, mercury, tin, chromium, antimony, zinc and bismuth ;
982 COMPENDIUM OI-' MEXICAN LAW.
those of sulphur, arsenic and tellurium; those of rocksalt and
precious stones. Also placers of gold and platinum."
It will be observed that this clause is much more sweeping
and general than the provision of Article o of the old law
which simply defines certain specific substances without any
general words.
II. A most important modification is that which applies to
mining property wherever located, the provisions of the laws
of the Federal District, relative to ordinary property, except
as otherwise provided in the new law.
Formerly, except in a few particulars, mining property and
mining rights were governed by the laws of the respective
States in which the property was located, causing much con-
fusion in some instances and making it necessary for mining
men to become acquainted with several different systems
of jurisprudence in all matters relative to mortgages, etc.
This is now done away with, all such matters being governed
by one system of law. The policy adopted is the same wise
one which had previously dictated the adoption of the Code of
Commerce by which corporation and commercial matters are
considered as being of national and not of state concern.
III. Another very important point is found in the clauses
which bring under the operation of the national Code of Com-
merce all contracts which relate to mining properties and min-
ing rights. All such contracts may now be recorded in the
various commercial registries in the States and Territories
of the nation and when thus recorded they are made valid
against third persons during such time as such contracts fix,
not exceeding two years from the date of registration.
Formerly, in view of the fact that escrow deeds are not rec-
ognized in ^Mexican law, it was a matter of difficulty to obtain
a valid " bond and lease " upon Mexican mining properties
which would be valid against a trustee in bankruptcy of the
grantor or against his successors or assigns; and the new law
has certainly performed a great service to intending mining
investors by permitting notarial documents, containing op-
THE NEW MINING LAW. ( J8o
tions, to be recorded and to thus gain validity against the
whole world during the time above mentioned.
IV. Certain mining contracts are likewise made less dan-
gerous by the provision that they shall not be rescindable for
what is known as " lesion."
Under the former law of the Federal District and of cer-
tain other jurisdictions of Mexico a " lesion " was said to ex-
ist when a purchaser subsequently discovered that he had been
induced to give two times more than the just price or value of
the property or when the grantor found that he had received
two-thirds less than said just price or value.
This provision, a relic of ancient law wholly inappropriate
to modern conditions, and the source of great danger especially
in mining grants, has been wisely abrogated.
V. The Federal courts of the Republic are expressly given
jurisdiction over certain matters, and it is also expressly pro-
vided that in other matters which still remain in the control
of the state courts decisions must be rendered in conformity
with the provisions of the Code of Commerce of the nation,
thus abolishing the divergencies resulting from the applica-
tion of the varying laws of the different States.
This is likewise in the interest of harmony and simplicity.
VI. Under the old law exploration of national lands was
permitted at the free will of any resident of the Republic
without previous permission giveTi by any authority. This
has now been changed and permission of the local mineral
agent is required. lie cannot, however, refuse such permis-
sion without just reason.
VII. Xo foreigner, whether an individual or a corpora-
tion, may now explore national lands or denounce or
hold title to mining property within a zone of eighty
kilometres along any line of division between the Republic
and foreign countries without obtaining the special per-
mission of the executive of the nation. This embodies with
certain changes principles previously established by former
laws.
COMPENDIUM OF MEXICAN LAW.
It does not, however, apply to property located within
eighty kilometres of the ocean or the gulf of Mexico'.
VIII. Another important change is found in the creation
of a new easement in favor of mining property and over ad-
jacent property with reference to the transmission of electric
power.
This easement permits the installation of subterranean or
of overhead lines from the point where the electricity is pro-
duced to the mining property in which it is to be utilized,
crossing intermediate tracts. It permits passage, not merely
for construction and repair of such lines, but also for their
protection.
Xo such provision was found in the old law, which, how-
ever, recognized easements of passage, of transmission of
water, of drainage and of ventilation.
IX. The right of eminent domain which was formerly rec-
ognized by the old law is also amplified, permitting the con-
struction of private railroads for the facilitation of opera-
tions ; and the method of exercising the right of expropriation
in all cases is provided in detail.
X. A clear and full statement as to denouncements and
the method of obtaining titles to property denounced is in-
cluded in the law, which in this respect is a great improve-
ment on the former statute.
It is impossible to allude here to the less important modi-
fications which have been made. In general it may be said
that the mining law of Mexico, as the result of this revision,
is a well considered and carefully drawn statute which has
clarified and simplified the entire subject and opened the way
to a safer and wider development of the mineral wealth of
the Republic both by native and by foreign capital.
FINIS
GENERAL INDEX
[References are to Articles, unless l>(tyc is cited.]
A
Abandoned property, disposition of, 229-231.
Abandonment: of action, 753; of denouncement of public lands, 855;
of mining denouncement, 885; of work under contract, damages,
437.-
Abbreviations : use forbidden, in civil status records, 158; in notarial
acts, !J34 ; in judicial pleadings, 701.
Abridgement of work, copyright, 1000.
Abrogation of la\v, how effected, 143.
Absence: as affecting domicile, 149; as affecting citizenship, 822-823;
825.
Absentees and unknown persons. 215-222; administration of property,
218-220; citation to in suits, 758; declaration of absence, 217:
notifications to, 704; presumption of clealh, 221-222: provisional
measures, 215; representation of absentee, 217; 757-758.
Absolrcr de hi instancia, abolished, 24.
Absolver posicioncs, delined. rules, 777; special power required, 427.
Abstract: book, notarial. 933; of sales, to be kept, 1072; of mining
record: See Extract.
Abuse of authority, effect on contracts, 314.
Acceptance: of bills of exchange, G72 ; of contract, 311; of inheritance
or legacy, 524, 554; of inheritance, by creditors, 554; of mercantile
commissions, 59G; of partial deliveries, 437; of powers of attorney,
427.
Accession, right of: nature of right, 239; "fruits," 239; improve-
ments, 240: crops, 240; works oir own and other's land, 241;
rules of bad faith, 242; liability of owner, 243; riparian accretion,
244; islands, 245; confusion of goods, 2-4(1; indemni/.ation, 247;
in cases of inheritances, 552.
Accident: as excuse to performance of contract, 1542, 347: meaning of
in insurance contracts. 1042.
Acclaration of judgment : defined, when available. 790.
Accomplice, of bankrupt, when r-ubjei-1 to law. 704; who is. 709.
Accounting, prescription of. 288.
Account books: what book- must lie kept. 570; as evidence. 793; stamp
tax on. p. 721 : Art. 1080.
085
986 INDEX.
[References are to Articles, unless page is cited.]
Accounts, between principal and agent. 599; when prescribed, 295;
computation of prescription, 306; stated account, prescription, 298;
stamp tax, pp. 710-717.
Accretion. See Accession.
Accrual, of liability on contract, 339.
Accused, constitutional rights of, 20.
Accusation, wrongful, damages recoverable, 1021-1022.
Acknowledgment: illegitimate children, 163, 207-208; of debt, as affect-
ing prescription, 301, 305; of private correspondence and docu-
ments, 782; of signature, makes instrument executive, 813; refusal
to acknowledge, 774.
Acquisition of property or right by prescription, 285; public lands sub-
ject to, 849 ; those exempt from, 850.
Acquittal: person acquitted entitled to damages, when, 1021; as affect-
ing right to damages, 1015.
Actas : application of stamp tax on, 1062. See Minutes.
Actions: defined, kinds, 751; against whom brought, 751; joinder of,
752; principal and incidental, 753; abandonment of. 753; defenses
to, 754; parties plaintiff and defendant, 755; conventional pro-
cedure, 756 ; to avoid contracts. 383 ; for breach of warranty, 357-
358; concerning capacity to inherit. 513; by creditors of partner-
ship, 623; consolidation of. in bankruptcy, 710; for damages.
survival of, 1011; for damages, transmission of. 1023; to enforce
civil responsibility, extinction of, 1027; on bills of exchange, (J72,
673; in cases of insurance, 1044; joint, who may sue. how begun,
806; how named, 753; joint or several, for damages, 1024-1025;
on negotiable instruments, are executive, 683, 090; for nullity of
contract, when must be brought, 383; for nullity, where object
of contract is lost, 380; ordinary, general rules, 800-812: party
in interest must sue, except, 755 : when prescribed, 21)3-21)8 ; pre-
scription of commercial actions. 300; for rescission, against whom
lies, 391; for restitution, against whom lies, 1025.
Acts: of bankruptcy, defined, 705; of commerce, defined. 585: of com-
merce, actions on, 750; mining industry is commerce. 804.
Adjudication: of mortgaged property, 798; in executive suit. 814; of
pledges, 404; of property to creditor, 803; stamp tax on, p. 717.
Adjustment of insurance losses, 1055.
Administration of bankrupt estate, 748-750; of conjugal partnership.
180; under successions. See Successions.
Administrative penalties, authorized and restricted. 21 ; regulations,
must be observed, damages, 353.
Administrative proceedings: on mining oppositions, 917: on public
land denouncements. 856.
Administrators, insurance contracts by. 1042.
Admissions. See Confessions.
Advertisements: commercial. 9S7-989 : commercial, proceedings for rcg-
INDEX. 987
[References are to Articles, unless page is cited.]
istry, 992-993; of sale, in executive suits, 814; of sale under em-
bargo, 81G; of sale under execution, 789. See Announcements.
Affinity, definition and degrees, 1G9; impediment in marriage, 171.
Agents, mining. See Mining Agents. Land. See Land Agents.
Age: of consent for marriage. 171 ; dispensation of non-age, 171; defect
cured, when, 19G; of minority, 209; of majority, 214.
Air, easement of, 277.
Alienation, restraints on, by will, 527.
Aliens. See Foreigners.
Alimentos: action for, is personal, 1011; as damages, 1013; exempt
from embargo, 815; husband must provide, ISO; is reciprocal
obligation, 178; general rules concerning, 178; legacies of. 522;
prescription of right, 293; right to cannot be waived or compro-
mised, 514-515 > right to, effect of will on, 514-515.
Alteration in subject-matter of contract, 322; in objects insured, 1051;
in notarial acts, 934.
Alternatives: contracts, how performed, 327; loss of res, 328; election,
328-329; legacies, election, 523.
Allowance: of claims, against bankrupt estate, 739-743; presentation
of claims, 739; time and notice of, 739; form and manner of
presentation, 740; first meeting of creditors, 741; contesting action
of creditors. 742 ; claims presented out of time, 743.
Ambiguities, avoid contract, when, 319.
Amendment: of constitution, 127; of laws, procedure, 71 F; of land
laws, bases, 867 ; of mining denouncement, in agency, 884 ; in
Fomento, 885.
Amnesty, effect on civil responsibility, 1027.
Amount of contract, how estimated, 318; for application of stamp tax,
1062a, 1092.
Amparo: a constitutional remedy, 101-102; all days and hours lawful,
819; constitutional provisions, 101-102; proceeding, 818-820.
Animals: damages caused by, liability, 1020; hiring of, 500; unbranded
cattle, 235; rights of the chase. 236; destruction of animals and
birds, 237; fish, 237; for breeding, are realty. 224.
Annotation of records: when required. 159; birth and acknowledg-
ment, 163; guardianship records, 164; emancipation records. 165;
death records, 166.
Announcements, by merchants, 568-569.
Annual mining tax, 930d; payment, forfeiture, 930e; statement, of
corporation, 641.
Annuities: rules of prescription. 279: when prescribed, 296-297: lega-
cies of, 522; life, 459-460: contract, incidents, 459; performance
of contract. 460: stamp tax. p. 717; Censos. See Cciisos.
Anonymous Societies, defined. 627: rule* governing. 627-644; See Cor-
porations; works, copyright of, 1001, 1007.
988 INDEX.
[References are to Articles, unless page is cited.]
Answer: in mercantile suit, when due, 806; of defendant, when due,
800-811; requirements of, 811; to suit, effect of, 753-754.
Ante-nuptial gifts, 193.
Anticresis: defined, incidents, 405; right and obligations of parties,
406 ; general rules, 405-406 ; stamp tax, p. 739.
Aparejada ejecucion, defined, 813.
" Apelacion dencyada," when available, 796.
Appeals: by attorney, 796; in bankruptcy proceedings, 750; kinds and
effects, 796-797; general rules, 796; time for, 768, 796.
Appendix, of Notary, required, 933; of this book, pp. 956-984.
Application: for copyright, 1007; for patents, 963, 965; requisites of,
794 ; forms of, see Chapter Headings, p. 867.
Application : of payments, 345 ; of payments in case of mortgages, 408.
Appointments, etc., stamp tax, p. 717.
Appraisement : basis of bids, 802-804 ; of property seized under exe-
cution, 798; of property embargoed, 816; stamp tax, p. 718.
Apprenticeship, general rules, 438.
Apportionment of liability for tort, 1024-1025.
Approval of returns of sales, 1065.
Aqueducts: construction and costs of, 270; mining easements of, 891.
Arbitration, special powers required, 427, 759.
Architects, general rules governing, 434-437.
Architecture, copyright, 1004-1005.
Archive- General, of notaries, functions, 946; of notaries, 933; record
of wills, 943.
Arms, duty to bear, 5, 35; right to possess and carry, 10.
Army, powers of executive, 85-V, VI.
Arraiyo: against foreign or transient plaintiff, 810; of bankrupt, 710;
precautionary, 775.
Arrest: defined, 1029 n.; warrant required, when, 16; for civil debts,
forbidden, 17.
Articles of Association: general form and contents, 613; of anony-
mous corporation, 629-630; of joint-stock company, 645; of co-
operative company, 649; registration, obligatory, 612, 953; form
of registry, 954; of foreign company, 65;!; 956; p. 972; form of,
914, 921.
Ascendants: responsible for acts of descendants, 1016; rights of in-
heritance, 547; who arc, 1U9; rights of patria potcstad, 209-211.
Assay: duties, 930c; certificates, stamp tax on, 1063, p. 722.
Assembly, right of, 9, 35.
Assignee, as witness, 777.
Assignment: of contract, how made, 941; of copyright, 997; of life
insurance policy. 1056-1057; of fire insurance contract, 1054: of
mortgage. 411: of non-negotiable credits. 689: of patent rights, 970;
of trademarks. !)S4, 991; set-off of debts, 370: wliat is assignable.
375: di-charge of obligation. .">7<>: requisites of assignment, 377;
INDEX. 989
[References- are to Articlc?i. KH/C.S.S page i,s cited.}
notice of assignment. 378; effects of assignment, warranties, 379;
stamp tax, p. 718.
Assistant, to notary, 934.
Assumption of mortgage, by creditor, 803.
Attachment. See Sequestra; form of sequestra, 801; precautionary
measures, 775.
Attorneys: appearance in suit, 757; must file powers, 7CO; service of
summons and notices on, 7GO; as witness, 777, 786; death or resig-
nation, duties, 428 ; duties and liabilities of, 427 ; cannot represent
both parties, 427; fees and charges, 429; may take appeal, 79G ;
officious, 430.
Attorney-in-Fact. See Powers of Attorney.
Attorney General, appointment of, 96; chief of Ministerio Publico, 821.
Auctions, judicial, sale by, waived, 798; how conducted, 802-803; bids,
stamp tax, p. 7l8. See Judicial Sales.
Authentic instruments: defined, 778; faith and credit of, 779; how
legalized, 779-780, 942.
Authentication. See Legalization; of notarial acts, 942; of public docu-
ments, 779-780.
Auto, defined, 762.
Authorities, must answer petitions, 8.
Aval, defined, 674.
B
Bad faith: defined, 313; in betting, 458; in contracts, 313; avoids
contracts, when, 312; in regard to accretions, 242-243; in negative
prescription, 293; in sales, damages, 357-358; as affecting grantee,
391; as affecting prescription of real property, 291; of personal
property, 292; in respect to possession, 250.
Baggage: amount carried free, 1039; claim for loss, 1039; loss of
check, 1039; damages for loss of, 1036; limit of liability for loss,
1040; declaration of contents, and value, 1033; liability for loss
or injury, 1033; regulations, 1039-1040; storage charges, 1039;
unchecked, 1039; unchecked, loss of, 1032; what carried free, 1033;
when considered lost, 1033; loss of, at inn or hotel, 1018.
Bail, right to. 18.
Bailments: general rules, 440-443; commercial, G03-U04 ; nature and
incidents of contract, 440; rights and duties of bailor and bailee,
441-442; when commercial acts. 585.
Balances: statement in bond-mortgage, p, S59-(8); stamp tax. p. 719.
Bahlios: definition, 848; amendment of law regarding, 867 ; leases of.
869: surveyed and unsurveyed, S(i7-Ill. Sec Public Lands.
Bank Notes, stamp tn\. p. 719.
Bankruptcy. 704-750: ({encral Rules. 704-709: Who may be bankrupts.
704: \vlieii bankiuptcy declared, 705: kinds of bankmntcy. 706;
990 INDEX.
[References are to Articles, unless page is cited.]
culpable bankruptcy, 707 ; fraudulent bankruptcy, 708 ; accomplices
of bankrupt, 709. Effects of Bankruptcy, 710-716: effects of
bankruptcy, 710; exemptions of bankrupt, 711; property of hus-
band and wife, 712; property withdrawn from bankrupt estate,
713; time of bankruptcy, 714; foreign bankruptcy, effects, 715;
consolidation of suits, 716. Compositions with creditors, 717-721:
when and how made, 717; dissenting creditors, 718; effects of
composition, 719; rehabilitation of bankrupts, 720; payment of
debts, sections, 721. Classification of creditors, 722-729: ex-
emptions, 722; foreclosure of mortgage, 722; retaking property,
722; separate proceedings on certain property, 723; order of prefer-
ence, 724; first-class creditors, 725; second-class creditors, lienors,
726; third-class creditors, 727; fourth-class creditors, 728; other
creditors, 729. Bankruptcy of Commercial Companies: corporate
and individual liability, 730. Bankruptcy of Railroad and Public
Service Companies, 731-733: suspension of payments, effects, 731;
composition, procedure, 732; declaration of bankruptcy. 733. Spe-
cial Bankruptcy Procedure, 734-750: voluntary and involuntary
suits, 734; sindics, 734; interventor, 734. Duties of Sindic and
Interventor, fees, 735; securing property of bankrupt, 737-738;
inventory, 738. Allowance of Claims, 739-743: presentation of
claims, time and notice, 739; form and manner of presentation,
740; first meeting of creditors, 741; contesting action of creditors,
742; claims presented out of time, 743; judicial liquidation, 744;
surrender of assets, 745. Involuntary Proceedings, 746-747: when
proceeding may be brought, 740 ; defenses, revocation, 747 ; sale
of assets, 748; duties of sindic, 748. Classification of Creditors,
749-750: schedule of creditors, meetings, 749; judgment of classi-
fication, 750; appeals, 750; presumption of fraud from non-reg-
istry, 958.
Bases, for amendments of Land Laws, 867.
Bastards, and Foundlings: birth records of, 161; names of parents.
101; obligation to report, 161; means of identification, 161. See
Paternity and Filiation.
Bearer, instruments payable to, general rules, 690; forgery, theft or
loss of same, 691-694; bill of exchange cannot be drawn to. 607.
Bees, ownership of, 237.
Beginning business, announcement of, 569; stamp tax, 1069.
Beneficial possession, when begins, 290.
Beneficiary, in life insurance policy, 1056.
Benefits, of ordcn, cxcusion and division, defined, incidents, 395-397.
Betting, rules regarding, 458.
Bidding, at judicial sales, requisites, 802.
IficiiCN inmueblcs, defined, 224; mucliles, defined. 225-226.
Bilateral contract, defined, 307.
Bills of Exchange: form and contents. 666: requisites and incidents.
IXDEX. 991
[References are to Articles, unless page is cited.]
667 ; time and maturity, 668 ; funds for payment, 669 ; requisites
of endorsement, 670; presentation, 671; acceptance, 672; dishonor,
673; guaranty of bills, 674; payment, 675, 679; loss of bill, 676;
protest, 677; time and effects of protest, 678; notice of protest,
679; failure to protest, 690; intervention for honor, 681; remedies
of holder, 682; actions and defenses, 683; re-exchange and re-
drafts, 684 ; prescription, 306 ; void for omission of requisites, 667 ;
stamp tax, p. 719.
Bills of Lading: form and requisites, 696, 1031; change of shipping
directions, 1038; foreign shipments, 1035; rights and obligations
of shipper, 697; of carrier, 698-700; of consignee, 699; limiting
liability, 1031; stamp tax, p. 719, Art. 1074.
Bills of sale, stamp tax, p. 720.
Birth records: as proof of filiation, 204; recognition, 204; registry,
160-162; when 'and how registered, 160; contents of record, 160;
witnesses, 160; twins, 160; death of child, 160; what considered
birth, 203.
Blanks: in notarial acts, forbidden, 934.
Blotter, notarial, 939.
Board of Directors, of corporation, election and powers, 634.
Board and Lodging, contracts, 439; pi-escribed, 295.
Boasting title, action, 755.
Bolctas: for tax on retail sales, 1066; for mining taxes, 930e; loss of
boleta, 1068.
Bonds. See Corporate Bond Law. In precautionary action, 775;
issues of, registration, 954; judicial, requisites, 401; of
Keeper of Grand Register, 859 ; required for mining easement, 893 ;
to abide suit, 810; surety, extinction, 400; corporate bonds, stamp
tax, p. 720, 1085; surety bonds, stamp tax, p. 720.
])ono de prenda, defined, 605; incidents of, 605-608.
Books: mercantile, preservation of, 577, 644; of account, as evidence,
793; of account, stamp tax, p. 721; of deposit, stamp tax, p. 721;
of minutes, as evidence, 778; of sales, required to be kept, 1072;
private, as evidence. See Production of Documents.
Bookkeeping, Mercantile, 570-578: books required to be kept, 570;
must be kept in Spanish. 571; inventory book, 572; day book, 573;
ledger, 574; minute book. 575; inspection of books and papers,
576 ; preserving books, 577. 644 ; correspondence, 578.
Run-adoi; notarial, 939-940.
Bottomry contracts, prescription. 306.
Boundaries: required. 233: right to establish and define. 233.
Branches, of foreign establishments, 567 ; requisites of opening, 956.
Breach, of Contract: interest and costs as damages. 351; remedies. :<:!(>-
338; damages incurred, when. 347: of warranty, damages. 356-358.
Brokers: cannot be merchants. 56<i. 579-584: definition anil kinds. 57!:
qualifications. 580; minutes and register. 581: probative effect
992 INDEX.
[References are to Articles, unless page is cited.]
of, 582 ; duties of brokers, 583 ; prohibited acts, 584 ; brokers'
contracts, 589 ; prescription of actions against, 300; must observe
stamp law, 1071 ; broker's policy, stamp tax, p. 722.
Buildings: contractors, and contracts, 43-1-437; liability for defects of
material and construction, 350, 430; restrictions, 275-278; stamp
tax, p. 722.
Bulletin board, of mining agency, to be kept, 909.
Burial Expenses: as damages, 1013; preference of payment, 721.
Business, opening, close or transfer of: announcements, 509; stamp tax,
1069.
By-laws: as evidence, 778; of foreign company, protocolization, 956,
10S7, p. 972; registry, 956.
Calalleria, old land measure, defined. 1113; equivalence, 1122.
Canals, for water; construction and costs of, 270; easements for, 270;
when public waterways, 873.
Cancellation: of fire insurance policy, 1055; of mortgages, partial, 408;
of mortgages, rules, 41!); of inscriptions in register, 952; stamp
tax, p. 722; of stamps, how and by whom, 1068. 1095; failure to
cancel, 1096.
Capacity: juridical, acquired by birth, 143; governed by Mexican Law,
144; of corporations, to hold real estate, 27; to contract, 310;
to make wills and to inherit. 509-513.
Capital, Corporate: subscription and payment, 629-030; lien for un-
paid, 633; of companies, stamp tax, 1089, p. 725.
Capital punishment, when inllicted, 23; not covered by life insurance,
1056.
Capitulations. See Matrimonial Capitulations; Marriage, stamp tax,
p. 730.
Carpcta, of notary, required, 933.
Carriers and Transportation: 095-703; nature of contract, rescission,
695; bills of lading. 696; rights and obligations of shipper, G!)7 :
rights and obligations of carrier, 698; rights and obligations of
consignee, 699; further duties of carriers, 700; contracts of car-
riers, 701; liability of carriers, 702; hirers of livery, 703.
Carriers: liability for damages, 1017-1018; cannot limit liability, 1031;
delivery of freight to connecting line. 1074; foreign shipments,
liability, 1035; payment of stamp tax by, 1074. See Railroads.
Caso forluilo. See Accident.
Cassation, 790-797; general rules. 797; time for interposing, 707.
Cattle: nnbranded. ownership of. 235 ; for breeding, are realty. 224.
C<irc<tl cniptor, rules. 478-479.
CCHROK: definitions. -1(12; the consignativo, 463; the rnfitciiticn. 464 KiS:
incidents of contract. 464: riirht and obligations, 46.3; Sale,
INDEX. 993
[References are to Articles, unless page is cited.]
Derecho del Tanto, 466; prescriptions, 296-297, 4G2, 467; reduc-
tion, rescission, 468.
Censorship, forbidden, 7.
Certificates: by notary, contents, 942; application of stamp tax on,
1063; of nationality, 835; of deposit, stamp tax, p. 723; of encum-
brances, required in mortgages, 416; for judicial sales, 802; duty
to issue, 417; official, stamp tax, p. 722, 723-743; warehouse. See
Warehouses.
Certified Copies: See Copies; of civil status records, 159; of nationality,
835; of notarial acts, requisites, 941; of notarial acts from Archive
General, 946; are public instruments, 778; as evidence, 778;
stamp tax, p. 724.
Challenge : of experts, 785 ; of judges, 722 ; special power required for,
427.
Chamber of Deputies; exclusive powers of, 72A; as jury of accusation,
104-105.
Chance, games and contracts of, 458.
Change, of shipping directions, 1038. See Alteration.
Charitable and religious bequests, 512; trusts, under wills, 527; asso-
ciations, stamp tax, p. 725.
Charter, of foreign company, registry, 956. See Articles of Association.
Checking baggage: loss, 1033; requirements, 1039.
Checks: form and requisites, 686; presentation and payment, 687;
prescription, 306; stamp tax, p. 725.
Children: disposition of, upon divorce, 200; natural and spurious, reg-
istry of, 163; acknowledgment of, 163. See Paternity and Filiation.
C hoses in action, assignment, 375-379.
Circulation of money, law regulating, 1117.
Citatorio: office of, 763; in executive suits, 814.
Citation: service on attorney, 760; to absentees, 764; when and how
served, 763.
Citizens: protection of abroad, 825; how acquired, 822; who are, 34;
political rights of, 8-9, 35; political obligations of, 36; loss of
citizenship, 37-38, 823.
Civil Law: is equal for all, 141; applicable to mining properties, 879;
to mining easements, 891; as affecting commercial contracts, 594.
See Law.
Civil Partnerships. See Partnerships, Civil, 656-663. Definitions, 656;
civil and commercial partnerships, 656; form and incidents, 657;
universal partnerships, definitions, 658; particular partnerships,
659; rights and obligations of partners, 660: management of
partnership, 661 ; obligations of partners to third persons. 662 :
termination of partnership. 663.
Civil Responsibility: effect of amnesty and pardon, 1027; exceptions.
1017; extinction of, 1027: for defective construction. 350; for acts
63
994 INDEX.
[References are to Articles, unless page is cited.'}
of another, 350; for Torts and crimes, 1010-1040; in contracts,
includes, what, 347; prescription of actions for, 295; prescription,
352; when incurred in contract, 347; who may enforce, 349; crim-
inal basis of, 1028-1029. See Damages.
Civil Status: by what law governed, 144; effect on contracts, 144; laws
governing, 144; records, rectification, 168; registers and registry,
156-168; judges provided, 156; four registers must be kept, 156;
disposition of, 158; custody of, 156; lost or missing reg-
ister, 157; proof of civil status, 157; registers, how kept,
contents and requisites of, 158; certified copies issued, 159;
effect as proof, 159; registers as evidence, 159; records of
non-resident Mexicans, 159; annotation of records, 159; birth
records, 160-102; natural and spurious children, 163; guardian-
ship records, 164; emancipation records, 165; death records, 166-
.167; marriage records, 175.
Classification of creditors: of bankrupt, 748-750.
Claims for patents, requisites, 975; for patent, required, 965; allowance
against bankrupt. Sec Allowance of Claims.
Clerks, general rules of commercial relations, 602; civil responsibility
of employer, 1017.
Cliche, for trademarks, requisites, 989.
Close of business house: announcements, 569; stamp tax, 1069.
Coal Mines: subject to police regulations, 900.
Code of Commerce: is Federal Law applicable throughout Mexico, p.
461, X; application of, 563; to civil partnerships, 656; to mining
acts and contracts, 894.
Coercion, defined, c fleets on contracts, 314; on wills, 509, 511.
Coins: weight and fineness, 1116; when withdrawn from circulation,
1119.
Coinage, law regulating, 1117-1120.
Collateral Relationship, 169; rights of inheritance, 548.
Collateral security for loans, 456.
Collection of money, special power required for, 427.
Colonists: declaration of nationality, 8159; loss of rights, 839 ; naturaliza-
tion of, 830.
Colonization law, 830-847; survey and sale of lands, 836, 841; require-
ments of colonists, 837; certificates, 837; privileges and exemptions,
838; duties of colonists, 839; loss of rights, 839; grants and aids
to colonists, 840; sale of public lands to, 841: contracts for col-
onization. 842: private colonization. 843; colonization of islands.
844; free imports, 845; how secured. 846; colonization agents. 847:
public lands devoted to colonization, 870.
Comity, in respect to foreigners. 832.
Coniiswrios. of corporation, functions, 035.
Commencement of business: announcements. 569; stamp tax. 1069; of
prescription. 295-299- 300.
Commentaries, copyright. 1000.
INDEX. 995
[References are to Articles, unless page is cited.]
Commerce: department of, 138; acts of commerce, defined, 585; min-
ing industry is, 894.
Commercial : advertisements, 987-989 ; announcements, 568-569 ; pro-
cedure, 992-993; prescription, 305-306; contracts, 586-594; void
contracts, 586; formalities, intention, 587; contracts by cor-
respondence, 588 ; brokers' contracts, 589 ; time and place of enforce-
ment, 590; days of grace, computing time, 591; kind and quality
of goods demandable, 592; penalties election, 593; commercial con-
tracts, civil law, 594; what must be registered, 954; commercial
transactions, suits on, 756.
Commercial C'ode. See Code of Commerce.
Commercial Paper: is "executive instrument," 813; general rules,
666-694. See Bills of Exchange and various titles.
Commercial Register, 953-961: where and how kept, 953; what register
must contain, 954; double registry, 955; registry of foreign cor-
porations, 956 ; how registered, 957 ; failure to register, effects,
958; is public record, 960; correcting entries, 961; special mining
section, 894.
Commissions: commission merchants, 595-599; definitions, 595; ap-
pointments and revocation, 595; acceptance and refusal of busi-
ness, 596; rights and duties, 597-598; instructions, 598-599; ac-
counts, 599 ; compensation, 599 ; sales, defined, application of stamp
tax, 1073; stamp tax, p. 717; mercantile, revoked by bankruptcy,
710.
Commodatum, defined, incidents, 450-451.
Commons: division of, 866, 871; distribution of, 866.
Common Representative: when required, powers of, 759; under Bond
Law, p. 861.
Communications and Public Works, Department of, 137.
Companies: See Corporations and Companies: bankruptcy of, 730;
when involves partners, 704; must register, 953; dissolution,
stamp tax, p. 725; foreign. See Foreign Companies; registration
of, 954; responsibility of members, 1017; stamp tax, on capital,
1089 ; prescription of actions concerning, 308. See Corporations
and Partnerships.
Community Property: property rights, 179-192. See Husband and
Wife.
Comparison of Handwriting, in evidence, 784.
Compelling signature, of contract, 940.
Compendium of work, copyright, 1000.
Compensation: for personal services, 5: for taking private property,
27; upon warranty, 355. See Damages.
Competency of judges, general rules, 770-771.
Composition with creditors, 717-721; railroads and public- service
companies, 731-733; when and how made. 717: dissenting cml-
996 INDEX.
[References are to Articles, unless page is cited.]
itors, 718; effects of composition, 719; rehabilitation of bankrupts,
720; payment of debts, sections, 721.
Compositions: concerning public lands, 871.
Compound interest, 453.
Compromise, 501-503; special power required, 427, 759; right to ali-
mentos, 178; by whom and how made, 501; what subject to com-
promise, 502; effects of compromise, rescission, 503.
Compraventa: See Sales: application of stamp tax, 1064-1073.
Computation of time: under mining law, 903, 907; of time for pre-
scription, 304; in commercial contracts, 590-591; of degrees of
relationship, 169. See Time.
Concealment, of bankruptcy assets, 709.
Concessions: for water rights, 875-878; for colonies, 836-847; must
be registered, 950; stamp tax, p. 727. See Waters.
Concourse, of creditors. See Bankruptcy.
Conditions: impossible, avoid contract, 315; in contracts, 320; per-
formance of, 321-322; in wills, validity, 507; performance of, 508;
in mortgages, registry, 411.
Conditional Obligations: executive action on, 813; application of stamp
tax, 1092.
Confusion of goods: ownership, 246-247.
Confession, against interest, 777; effect, 790; kinds and general rules,
777; no further testimony, 787.
Congress: general powers of, 72; suspension of constitutional guaran-
ties, 29; how instituted, 51; how composed. 52; election of depu-
ties, 53; substitute deputy, 54; qualifications of deputies, 56;
right to hold other positions, 57-58; rule applies to Senators," 58;
Senate, how composed, 58a; election of Senators, 58a; qualifications
of Senators, 58c; members of Congress inviolable, 59; each House
judge of election and qualification of members, 60; quorums, 61;
sessions, when held, 62; President's opening address, and reply, 64;
form and style of laws, 64 ; initiation and passage of laws, general
rules, 65-71.
Conjunctive contract, performance, 327.
Connecting carriers, duties and liability, 1034, 1035; division of losses,
1036.
Consanguinity: definition and degrees, 169: impediment to marriage,
171; annuls marriage, unless dispensated, 196.
Consent: to contract, 309; how expressed. 311: to personal service, i> ;
required for marriage. 171; who must give, 171; how supplied,
171; revocation of, 171; marriage void without, 196; when must
be pleaded. 196: mutual consent, ground for divorce. 199.
Consideration, of contract, not required. 309.
Consolidation: of companies, 652: of suits in bankruptcy. 716.
Constitution. 1-130: Federal, is fundamental law, 40; determines sphere
of powers. 41: superior to State constitutions. 41: suspension of
INDEX. 997
[References are to Articles, unless page is cited.]
guaranties, 29; supremacy of, 126; state judges bound by, 126;
amendment of, 127; inviolability of, 128; promulgation of, 129;
additional articles, 130.
Construction of contracts, 319; of wills, 506, 516.
Consul: legalization of documents by, 780, pp. 974-975; may grant
consent and dispensation for marriage, when, 172.
Contracts: conditional, 320; different kinds of, 320; election of reme-
dies, 323 ; of compraventa, form and registry, 472 ; of minors
and persons under disabilities, 213; on time, 325; subject to stamp
tax, must be in writing, 1059, 1075; application of stamp tax,
1075 ; contrary to law are void, 143 ; when commercial, 585 ; ac-
ceptance, 311; ambiguous, void when, 319; assignability, 337;
authority to make for another, 310; capacity of parties, 310;
defined, kinds, _307; obligation of, 308; performance, not dis-
cretio'riary, 308 ; four requisites of validity, 309 ; oath not effective,
309 ; default in performance, rules, 342 ; delivery under, what is,
341; de minimis non curat lex, 315; dimensions of paper required
for, 935; effects of coercion, 314; effect of vague expressions, 314;
effects of duress and threats, 314; execution by judge where party
refuses, 940; external form, 318; extensions of, stamp tax, p.
729, Arts. 1085, 10.89; for work and building, 434-437; how exe-
, cuted by illiterate party, 318; in notarial instrument, form of,
934 ; in restraint of liberty, 5 ; of trade, 28 ; impossibility of
conditions, 315; joint and several, 330; Mexican law governs,
when, 144-145 ; formalities of, by what law governed, 145 ; foreign
contracts, formalities, 145; mistakes in, 312; foreign, produce ef-
fects, in Mexico, when, 1090; of foreign company, registry, 956;
of Marriage; See Marriages; of purchase, and sale, stamp tax,
726; original, how validated by notarial act, 935; rescission for
lesion, 382; registration effective when, 951; rescission for breach
of warranty, 858; restraining liberty, 5; obligation to perform, 342;
suits on, situs, 148; may establish domicile, 153; unspecified,
stamp tax, p. 728; when completed, 311; when enforceable before
maturity, 326; when joint and several, 330; when must be in
writing, 318; void. See Void Contracts.
Continuous possession, defined, 290.
Contribution: among joint tort feasors, 1024-1025; between connecting
carriers, 1036; between joint doctors, 334; between sureties, 399;
- in penal obligations, 317; between insurers, 1054.
Conveyances of real estate: formal requisites of, 934; when may be
by private document, 948 ; effective when, 958 ; must be registered,
when, 950.
Conventional procedure, when followed. 750.
Convicted persons cannot be merchants, 566.
Cooperative Companies, 648-051: defined, incidents. 048: articles of
998 INDEX.
[References are to Articles, unless page is cited.]
association, 649; register, 650; membership, 650; rights and lia-
bilities of members, 651.
Copies: "certified, stamp tax, p. 724; of pleadings, for defendant, 806;
of pleadings, required, 760; of private document, 783; of civil
status records, 159; effect as evidence, 159; of public documents,
right of parties to, 782; of documents, application of stamp tax,
1093-1094; of records, how secured, 761; of notarial acts, requisites,
941 ; of public documents, how obtained, 782. See Certified Copies.
Copyright Law, 994-1009: a constitutional right, 994; acquired how,
1007; anonymous works, 1001, 1007; announcement of right, 1007;
architecture, 1004-1005; assignment of, 997; contracts for publi-
cation, 1008; dramatic and artistic, 1003; duration of right, 996;
expropriation for public use, 1008; infringement of, 1004-1006;
international reciprocity, 1009; joint authorship, 998; newspapers,
1002; posthumous works, 1001; of translations, 996, 999; pre-
scription, 1008; penalties for infringement, 1006; what subject to,
995; permission for reproduction, 1000.
Corporations: right to hold land, 27; cannot acquire public lands, 866;
domicile of, 152; may establish domicile by by-laws, 152; are
"moral persons," 154; civil rights of, 155; are subject to contract
of association, 155; foreign, mining rights, 901; foreign, rights in
Mexico, 824; nationality of, 824; registration of, 954; acquisition
of property, 227; foreign. See Foreign Companies; right to ac-
quire or hold real estate, 27 ; acquisition of property by, 227 ;
foreign, may engage in commerce, when, 567 ; foreign, requisites of
admission in Mexico, 653; inscription in Commercial Register, 612,
954; penalties for violating laws and by-laws, 655; prescription
of actions concerning, 306; bankruptcy, liability of members, 730;
stamp tax, p. 725; stamp tax on capital, 1089; five kinds of, 610;
legal personality, 611; Formation of Companies: formalities, reg-
istry, 612; articles of association, contents, 613. Corporations:
Anonymous Societies : 627-644 : Defined, character, 627 ; how or-
ganized, 628 ; first form, by public subscription, 629 ; second form,
by escritura publica, 630; shares of stock, 631; stock register,
transfers, 632; rights of corporation as regards stock, 633; Board
of Directors, 634; Managers, Comisarios, 635; Stockholders' meet-
ings, 636; how called and constituted, 6u7 ; voting, numbers re-
quired, 638; proxies, 639; minutes, 639; dividends, 640; reserve
fund, 640; annual statements, 641; dissolution, liquidators, 642;
final balance, 643; distribution, 643; books, preservation, 644.
See Partnerships.
Corporate Bond Law. 1147A, p. 857 (references are to Articles of
Bond Law): who may issue bonds. 1; aro personal property. 1:
subject to commercial code. 2. 15: provision for redemption. 3:
rate <if interest. 3: cancelled for violation of law. 3; two manners
of issuance. 4: publication of notice, contents. 4; issue void for
INDEX. 999
[References are to Articles, unless page is cited.}
disregard, 4; limitation on amount of issue, 5; general meeting
of bondholders, proceedings, G; same, objects of meeting, 7; gen-
eral representative or committee, powers, 8; bondholders may re-
quire special meeting, i) ; temporary representative may be ap-
pointed when, 10; disposition of proceeds of bonds, 11; registra-
tion of mortgage securing bonds, 1 1 ; bonds issued under special
contract, requisites, 12; approval by shareholders, 12; form and
requisites of bonds, 13; registry in commercial register, 14; rights
in case of bankruptcy, 16-17; bonds of foreign companies, requisites
to validity, 18; foreign contract governed by what law, 19; Mexi-
can courts shall have jurisdiction, 20.
Correction of register entries, 417; of registration, 961; of statement
of sales, 10(i7.
Correspondence: as evidence, 782; how kept, 578; contracts made by,
588; Inviolable, 25; publication of, 995.
Corrcr Traslado, meaning, 761.
Costs: judicial, abolished, 17; judicial, as damages for breach of con-
tract, 351; judicial, as part of damages, 1010; judicial, general
rules 769; who liable for, 1019; on dismissal of suit, 763; of fire
insurance adjustment, 1055.
Council of Notaries, 931.
Counterclaim, pleading and practice, 811.
Court decisions on Civil Responsibility, 1010, note.
Courts: law shall establish and organize, 96; special, forbidden, 13;
must be expeditious, 17. See Jurisdiction.
Coupon stamps, rules for use of, 1094.
Creditors: classification of, in bankruptcy proceedings, 749-750; classi-
fication, 722-729; no exemptions for debt, 722; mortgage fore-
closure, 722; separate procedure in certain cases, 723; order of
preference, 724; first-class creditors, 725; second-class creditors,
726; lienors, 726; third-class creditors, 727; fourth-class creditors,
728; other creditors, 729; compositions with. See Composition
with Creditors; meeting of, in bankruptcy proceedings, 741-742;
of bankrupt, order of payment, 721 ; preferred and secured, in
bankruptcy proceedings, 717; adjudication of property to, 803;
attaching, rights to fund, 803; contracts in fraud of, 388-391;
may oppose waiver of prescription, 286; may enforce obligation,
how, 287: may resist renouncement of rights by debtor, 390; may
rescind fraudulent conveyance, 381 : may require mortgage, when.
413; rights under anticresis, 405-406; right to intervene in ju-
dicial sale, 802; have no claim to insurance proceeds, 1046. 1057.
Criadero: old land measure, defined, 1112: equivalents, 1122.
Crimes: definition, 1028; of press, 7; prevention of, as negligence, and
ground of civil responsibility. 1028; basis of civil responsibility,
102S-1029. See Damages.
Criminal: causes, rights of accused in. 20; instance*. 24: no second
1000
INDEX.
[References are to Articles, unless page is cited.]
trial, 24; domicile of, 151; extradition of, 15; rights of defense
and trial, 20.
Crops, ownership of, and rights regarding, 240-241; cropping partner-
ships, general rules, 664-665.
Culpa, defined, classes of, 1029.
Culpable bankruptcy, defined, 707.
Cultivation of public lands, 871.
Custom : cannot alter law, 143.
Customs house petitions, stamp tax, p. 729.
Customs Tariff. See Special Tariff Index, p. 1043.
D
Damages: Act, 1010-1040; alimentos as, 1013; amount of. See
Measure of Damages; caused by animals and things, 1020; caused
by avoiding injuries, 1019; enforcing satisfaction of, 1026; fund,
1026; essentials of liability, 1015; extinction of liability and
action, 1027; for breach of contract, 347; for breach of warranty,
356-358 ; for fraud, cannot be waived, 347 ; for libel, slander and
personal injuries, when prescribed, 295; for loss of freight, 1036;
for non-performance of contract, 336, 338, 344; for wrongful accusa-
tion of crime, 1021-1022; for wrongful death, 1013; for wrongful
denouncement of land, 865; joint liability, contribution, 1024-1025;
liability of public bodies, 1017; liquidated, agreement, 349; master
and servant, 1017; must be actual and direct, 348, 1010; nature and
extent of liability, 1010; persons liable, 1016-1023; property sub-
ject to satisfaction of, 1026; recovery as part of deceased's estate,
1011; suit for, 1011; transmission of liability, 1023. See Civil
Responsibility.
Dams, concessions for, 876.
Danos y Perjuicios: defined, 348; must be actual and direct, 348, 1010;
in reparation of injury, 1010. See Damages.
Day. denned, 591; how computed for prescription, 304; laborers, gen-
eral rules, 433; lawful, for judicial acts, 761.
Days of grace, in commercial contracts, 591.
Dar traslado, meaning, 761.
Deaf and dumb persons, execution of notarial acts, 934.
Death: records, required to be kept, 156; death before registry of
birth, 160; burial permits, 16 ; duties of judge, 166; form and
contents of record. 166; obligation to give notice of, 166; pro-
ceeding in absence of judge, 166; annotation other registers, 166;
deaths by violence. 167; deaths at sea, 167; deaths away from
home, 167; duties of judge, 167; deaths in prison and by execu-
tion, 167; cases of, not covered by life insurance. 1056; damages
for wrongful. 1013; notice of. when required, 535; penalty, 23;
presumption of, 221; of principal, or attorney, effects, 428.
INDEX. 1001
[References are to Articles, unless page is cited.]
Debts: legacies and forgiveness of, 521; of bankrupt, order of pay-
ment, 721; of husband and wife, 187; order of payment of de-
ceased, 559; prescription in general, 293-298; secured, effects of
bankruptcy, 710.
Deceit, effect on contracts, 314.
Decisions: judicial, kinds, 762; when to be rendered, 762; of suits,
private, 769; rules of, 147, 794; of Supreme Court, when followed
as authority, 820.
Declaration: of absence, 217; of accused, 20; of bankruptcy, when
made, 705 ; of railroad and public service companies, 723.
Dccreto, defined, 762.
Deeds. See Conveyances.
Default: against defendant summoned, 808; foreign judgment by, 800;
in mining claims, when declared, 885 ; in performance of contract,
324-, judgment when rendered, 811.
Defects, in property sold, warranty, 478-481; of construction, liability
for, 350, 436.
Defendant, absolved, when, 794 ; not to be twice tried, 24.
Defences. See Exceptions.
Degrees, of consanguinity and affinity, 169.
Delays: in administration of justice, 17; in shipment, damages, 1037.
Delicto, definition, 1028.
Delivery: expenses of, 362; of evidence of assigned rights, 377; of
freight or baggage, time, 1036 ; of money, prescription, 2!)4 ; of
pledge, required, 402-403; of property sold, incidents, 475; of
property sold, incidents of commercial sales, 490 ; of things, risks
of loss, 340; time and place, rules, 360-366; under contract of
sale, what constitutes, 341.
Demand: beginning of suit, 806; when necessary in contracts, how
made, 339.
" Demandable " debt, defined, 367.
Dcmasia, mining classification, defined, 880; class of public lands,
defined, 848; classification repealed, 867.
" Denied appeal," when allowed, 796.
De minimis non curat lex, 315.
Denial, proof under, 776.
Denouncements: abandonment, new denouncement, 882; amendment of,
in Agency, 884; in Fomento, 885; expert may be named in, 911;
gives no right of possession, 865; of baldios, suspended. 868; of
abandoned property, 230; of mining property, form and requisites,
883; of mining, reduction of pcrtcnrncias, 918-921: of mining
claims, certificate of Stamp Tax. 930 D: of mining, what subject
to. 882; of mining property, preferential right. 892: of mines, by
foreigners. flOl : of public lands, abandonment of. 8,")."); of public
lands, filing, 853; of public lands, opposition, to. 855: of public
lands, proceedings. S54: of public Isr.ds. suspension of. Slit); of
1002 INDEX.
[References are to Articles, unless page is cited.}
unsurveyed baldios, 867-XII1. Form of mining denouncement, p.
909; of water rights, p. 906.
Departments of Government: authorized, 86; qualifications of Secre-
taries, 87 ; countersigning decrees and orders, 88 ; must account
to Congress, 89; names and distribution of powers, 131-140.
Departments of same business, application of stamp tax, 1069.
Deposits: 440-443. See Bailments; of minerals, subject to Mining
Law, 879.
Deposit: books, stamp tax, p. 721; certificates of. stamp tax, p. 723;
of amount due or tendered, 366; of copies for copyright, 1007.
Depositions: how taken, 787; preparatory to suit, 774; stamp tax, p.
730.
Deputation, Permanent. See Permanent Deputation.
Deputies. See Congress.
Derecho del Tanto: definition, requisites, 474; between partners, 615;
by usufructuary, 258; in regard to public lands, 851; in respect
to cnfiteusis, 466 ; in respect to vacated roads, 228 ; time for, 7G8.
Descent and distribution : order of, 544. See Successions.
Descendants: right of inheritance, 546; who are, 169.
Description, of subject-matter of contract or of real estate in notarial
instrument, 934; for patents, requisites, 965, 975.
Designation: of children, 207-208; of goods sold, 469; of property for
levy, 815; rules of inheritance. 515.
Desistance, from law suit, special power required, 427; in mining
claims, when declared, 885.
Destruction : of object of contract, 322, 328 ; of mortgaged property,
409; of property subject to enfiteusis, 468.
Detention of party to suit. See Arraigo.
Devolutive Appeals, defined, 796.
Diets hdbilcs, what are, 761.
Diploma, when required, 3.
Diplomatic persons, nationality of, 824.
Directors: board of, election and powers, 634.
Disabilities: do not affect commercial prescription, 305; effect on
running of prescription, 299-300; from injuries, damages, 1014;
of married women. See Married Women ; persons under, responsi-
bility for torts, 1025. See Minors.
Discharge: from civil responsibility, 1027; of bankrupts, 719-720; of
joint obligations, 333; of servant, 431, 433.
Discoveries, what patentable, 962.
Dishonor of bills of exchange, 673.
Discrimination, in railroad rates, 1029a.
Disqualifications: of Notary, 932: of witnesses. 786; of judges. 772-773.
Dispensation, of impediments to marriage. 171-173.
Dissolution: of conjugal partnership. 188: of corporation. 642: of
INDEX. 1003
*
[References are to Articles, unless page is cited.]
joint-stock company, 647; of marriage, effects, 196, 197; of part-
nership, 621; of companies, stamp tax, p. 725.
Distribution: of assets of corporation, 643; of assets of estates, 559-
562; of community "property, 189, 190.
Disuse, does not affect law, 143.
Dividends, general rules, governing, 646.
Division: of mining pcrtenencias, 920-921; of mining property, 890;
of property held in common, 234 ; of powers, 50.
Division, defined, incidents, 395-397.
Divorce, 198-200; defined, 198; legal grounds, 198; proceedings for,
199; effects of. 200.
Documents: concerning civil status, to be filed, 158; as proof of status.
157; certified copies of, 159; filing with suit, 806; production
and inspection, 783; public and private, defined, 778; as evidence,
782, "791; account books, 7!).'}; subject to stamp tax. mu^t bo in
Avriting, 1059. See Foreign Documents; Authentication.
Dollars, American, equivalence, in Mexican Pesos, 1121.
Dolo: defined, 313. See Fraud.
Domestic service, general rules, 431-432.
Domicile : not lost by absence on public service, 56 ; defined, general
rules, 149; public employes, 150; military persons, 150; servants,
150; minors, 149; married women, 149; declaration of intention,
149; criminals, 151; wife and children of criminals, 151; cor-
porations and companies, 152; contractual domicile, 153; acquisi-
tion and loss of governed by Mexican Laws, 833.
Donations. See Gifts, 444-449; stamp tax, p. 730; application of
stamp tax, 1076.
Double registration, effects, 955.
Dowry: definition, incidents, 195; registry. 41 S; mortgage to secure,
when required, 413-414.
Drafts; definition, form and incidents, 685; prescription, 306; stamp
tax. p. 731.
Drainage, mining easement of. 891.
Dramatic productions, copyright. 995.
Drawings, for patents, required, 965; requisites, 976.
Drummers, sales by. application of stamp tax. 1073.
Drunkenness, as affecting civil responsibility. 1028.
Due-bills, stamp tax. 731.
Dump, mining, ownership, 881.
Duration: of mortgage lien, 411; of copyright, 996; of patents, 966.
Duress: defined. 314; effect on contract. 314; as affecting wills, 529;
by whom must be pleaded. 383 ; prescription of action. 383.
Duplicates: of lost instruments, 694; of lost mining titles, 905; of
stamped documents, 1093-1094,
1004 INDEX.
[References are to Articles, unless page is cited.]
E
Earnest money, 409.
Easements: are inseparable from estate and. pass with it, 267; are
indivisible, 207; in public waters, when respected, 874; mining,
petitions for, 922; mortgage of, 407; registration, 950; voluntary,
when prescribed, 292; mining, 891-893; See Mining Easements;
definition, 266; kinds of easements, 267; how created, 267; legal
easements of waters, 268-270; surface and collected waters, 268;
public and navigable waters, 269; conduction of water, 270; legal
easement of passage, 271; legal easement of party ownership, 272-
274; ownership, presumption, 272; rights and duties of party
owners, 273; party owned houses, 274; building easements, 275;
planting and trees, 276; nuisances, 275; legal easements of light.
air and view, 277; easement of drainage, 278; voluntary ease-
ments, general rules, 279; acquisition of voluntary easements.
280; rights and obligations of the parties. 281; extinction of
voluntary easements, 282; extinction of legal easements, 283.
Effects: devolutive and suspensive, in appeals, defined, 790.
Ejecutoria: defined, 798; when judgments cause, 790.
Kjidos. See Commons.
Election: between administrative and judicial procedure, in mining
denouncements, 886; in mining oppositions. 917: in alternative
contracts, 329 ; of alternative legacies, 523 ; of remedies, for breach
of contract, 323; right of. in performance of contract, 327-329.
Emancipation: legal incidents of. 214; records. 16.').
Embargo: in executive suits. 814; ho\v levied. 814; exemptions. 815;
designating property for levy, 815; notification of. 810; proceed-
ings subsequent to, 816.
Eminent Domain. See Expropriation.
Encumbrance: certificate of. at judicial sale of real estate, 802; must
be recited in deed, 358; in mortgage. 416: application of stamp
tax. 1073.
Endorsements: requisites of, 670; applies to all negotiable paper. 685:
stamp tax, 731.
Knfiteusis: definition. 462: incidents of contract. 464-468.
Equivalents of weights and measures. 1110.
Erasures, in notarial acts, forbidden, 934.
Error of law and fact in contract. 312.
Escheat of inheritance. 550.
E fieri t nni PubUca. See Notarial Acts; is executive instrument, 813:
is plenary proof. 791: authentication of. 779: required for power
of attorney, when, 422, 426; stamp tax, p. 732: Art. 1077.
Estate of deceased, damages recovered are part of. 1011.
h'l'ieritiii i/ Sancamiento : definition. 354-355; incidents. 475. 478-481:
in cases df compromise, 503: incidents of suit for. 357. 358. See
\\ arrant v.
INDEX. 1005
[References are to Articles, unless page is cited.]
Evidence: general rules, 776-793; civil registers as, 157-159; proof
of civil status, 157; certified copies of civil register, 159; documen-
tary, general reputation, 788; ho\v taken, 787; how weighed, 792;
judicial records, 791; kinds recognized by law, 706; See Proofs;
Merchants' account books, 793; private documents, 791; probative
value of, 790, 793; public instruments, 791; self-serving declara-
tions, 777; who must make proof, 776; unstamped documents,
1099.
Examinations: for patents, petition for, 980; of patent for novelty,
970; by patent office, 965; for trademarks, 989; of documents, of
books and papers, 783; of handwriting, 784; of witnesses, 787.
Excedcncia, defined, 848 ; repealed, 867.
Exceptions: dilatory and peremptory, 754; how and when pleaded,
754, 809; pleaded in answer, 809, 811; to general laws, effect of,
143. "
Exchange, defined, 469, 486; of property, stamp tax, p. 732, 1073.
Excessive defense, as basis of civil responsibility, 1028.
Excusion: defined, 395; proceedings to enforce, 396; in judicial bonds,
401.
Execution: amount must be certain, 813; of judgments, general rules,
798-800; of foreign judgments, 800; of instrument, by judge, 798;
of judgment of other state, 799; sales, how held, 802; suspension
of, on appeal, 796; what subject to, 801. See Exemptions.
Executive actions: general rules, 813-816; how prepared, 774: on
insurance adjuster's report, 1055; on life insurance policy, 1057;
on conditional obligations, 813.
Executive instrument: what is, 813; commercial paper, 683, 690; lire
adjuster's report, 1055; policy is, 1057.
Executive power, 75-89. See President.
Executors and administrators, under succession, 555-558. See Succes-
sions.
Exemptions: of bankrupt, 711; of debtors, 722; from embargo, 815:
from precious metals tax, 93015; from satisfaction of damages,
1026; cannot be waived, 711, 815; to concessionaires. 870; in
favor of colonists, 838; under water rights concession. 876; from
stamp tax on sales, 1068; from federal contribution. 1101.
Exhibition of object before suit, 774.
ftjchorto, for summons, 764.
Expatriation, right of, 825.
Expectancy of life, Table, 1013.
Expedicntc (mining record), amendment, 885.
Expenses, several kinds defined, 252.
Experts: as witnesses, 785; fees of. 785; evidence, weight. 791; min-
ing, appointment and duties. I'll. 914: mining, who are. 009 (8) :
challenge of. 785: qualifications, 785. Sec Mining K\pi-rts.
1006 INDEX.
[References are to Articles, unless page is cited.]
Exploration permits, filing in absence of Agents, 908; of mining lands,
rules, 899; mining permits, 923.
Exploitation of patents, rules, 967-9G8; wrongful, of mining property,
897.
Explosives, transportation of, 1032.
Expositions: effect of display on patent, 963.
Ex post Facto laws, forbidden, 14.
Exporters of ores, payment of stamp tax, 1073.
Expropriation: for public uses, 27; for mining purposes, 881; for
water and irrigation, 870; of patents, 971; mining petition for,
924; for mining purposes, procedure, 895-896.
Expulsion of foreigners, 832, 834.
Extending notarial acts, 934.
Extension: effect on bond, 400; of debt, and mortgage, 411; of judicial
terms, 706-768; of patent, 966; of patents, proceedings, 979; of
contracts, stamp tax, p. 729.
Extinction: of actions for civil responsibility, 1027; of actions, by non-
joinder, 753; of inscriptions in Public Register, 952; of mort-
gages, rules, 420 ; of surety bonds, 400 ; of easements, 282-283 ;
of disability, emancipation, 214; of debts by merger, 373.
Extortion, in prison, forbidden, 18-19.
Extract, book of to be kept, 912; of mining record to be issued, 912.
Extradition, when forbidden, 15.
Extra-territoriality, as affecting citizenship, 824.
Facts: must be proven, 776; failure of proof, 794; error of fact in
contract, 312.
Factors and Clerks, 000-002: definitions and incidents, 600; qualifica-
tions of factors, 601 ; of clerks, 002.
Failure of proof, defendant absolved, 794.
Faith and Credit: of public acts, 115; of authentic instruments, 779;
of foreign documents, 780; of notarial acts, when, !)42.
False entries of sales. 1073; falre returns of sales, 1067.
i'altn, definition. 1028.
Farming partnerships. 664-665.
Fault: in failure to make delivery, 343; denned, in insurance cases,
1044.
Fees: for issuance of patents. 960: for patents and trademarks. 078;
for professional services. 429, 434-435; of experts, 785; of mining
agents. 004. 020-030: of Notaries Public, 047; of trustee and
receiver in bankruptcy. 736; professional, prescription, 205.
Federal Contribution. 1100-1102: what subject to. 1100; rate of, 1100;
exemptions from. 1101; payment of. 1102.
Federal Constitution. See Constitution, Federal.
INDEX. 1007
[References are to Articles, unless page is cited.]
Federal District : may be erected into state, when, 46 ; Congress has
exclusive powers within, 72-VI.
Fictitious valuation, for payment of stamp tax, 1092.
Fiduciary and joint interests, prescription of, 287.
Filiation. See Paternity and Filiation.
Filing: instruments sued on, 752, 760; documents with suit, 806;
documents with Notary, 933-935.
Final judgments, legal effects, 795.
Final settlements of estates of deceased, 559-562.
Finders, of lost property, duties, 229.
Finance, department of, 138.
Fine Arts, department of, 135.
Fines, classes, defined, 1029n.
Fire Insurance: requisites of policy, 1050; assignment of contract,
1054; effect and extent of contract, 1053; exemptions from lia-
bility, 1053; of combustible and consumable goods, 1048; payment
of losses, 1055; payment of premiums, 1052; proof of loss, 1053;
re-insurance, 1054; substitution of property insured, 1051; who
may procure, 1048. See Insurance.
Fishing rights, 237.
Fomento: department of, 136; special proceedings for acquisition of
public lands. 856; action on mining denouncements, 885.
Foreclosure of mortgage: by judicial sale, 798; waiver of and adju-
dication, 798; when prescribed, 410; creditor cannot acquire un-
der, 410; in case of bankruptcy, 722.
Foreigners: who are, 33, 823; naturalixed by acquiring land or chil-
dren, 30, 849; no political rights, 8-9; Mexicans preferred to, 32;
entitled to constitutional guaranties, 33; expulsion of pernicious
aliens, 33, 832, 834; duty to pay taxes and respect laws, 33, 832-
834; bond to answer suit, 754; laws governing contracts of, 145;
suits against, situs, 148; marriage, law governing, 172, 182; min-
ing rights, 901; permits to acquire mining property, 925; rights
of copyright, 1009; subject to*Mexicau Laws, 925; acquisition
of real estate, 30, 849; civil and property rights, 832; legal duties
of, 833-834; residents, 833; subjection to law, 833; political disa-
bilities of, 834; matriculation of, 835; commercial rights of, 567;
law governing wills, 511: rights of inheritance in Mexico, 511.
Foreigners and Naturalization, 822-833.
Foreign bankruptcy, effects of. 715.
Foreign Contracts: formalities of, 145: by what law governed, 145;
and documents, stamp tax, 1059.
Foreign Companies and Corporations: requisites of admission in Mex-
ico, (553; are merchants when, 504; commercial rights of, 567;
cannot acquire mining property, when, 901 ; certificate of legal
organization, 956, 1087; requisites of registry, 956-957; pro-
1008 INDEX.
[References are to Articles, unless page is cited.]
tocolization of charter and by-laws, 950 ; explanation of pro-
tocolization, p. 972; stamp tax, p. 740.
Foreign Dojiiments: authentication, 780; protocol ization required, 957;
protocolization, by judicial order, 930; revalidation with stamps,
1000; translations must accompany, 936, 781; registration of, when
required, 949.
Foreign Judgments: authentication of, 780-781; registration of, 950;
requisites of, cll'ect and execution, 800.
Foreign Laws: proof of, 14(i, 770.
Foreign Litigants, reciprocal rights, 810.
Foreign Marriages, what law applicable, 182.
Foreign Money, payment in, 345; legal currency of, 1118; obligations
payable in, how discharged, 1118.
Foreign Mortgages, registry, 417.
Foreign Orders, for goods, application of stamp tax, 1073.
Foreign Patents, novelty, 9G3.
Foreign Plaintiff, arraiyo, 810.
Foreign Relations, Department of, functions, 132.
Foreign Securities, as object of contract. 340; under Bond Law, p.
865.
Foreign Shipments: liability of carriers, 1035; application of stamp
tax, 1074.
Foreign Wills, form and effect, 542.
Forests, regulations of use, 800.
Foresight, want of, as negligence, 1028.
Forfeiture: of mining property for non-payment of tax, 887, 930e; of
mining titles, under new law, 907 ; of public lands, 871.
Forgery of instruments to bearer, 691-094.
Forgiveness of debts by will, 521.
Form of contracts: of coinpracc/itd, 472; when required to be written,
318. See the several kinds of contract under their respective
titles.
Forms of contracts and documents. Sec Chapter Index, p. 867.
Formalities: of civil contracts. 31$: of commercial contracts, 587: of
foreign contracts, 144-145.
Fortuitous event, no excuse to performance, when, 342, 347.
Foundations, for mining monuments, !)14.
Foundlings, birth records of, 161.
Franchises, for water rights, 876; for mining taxes, 930c.
Fraud: defined. 313; in rendering professional services, 429; against
creditors, rescission of contract for, 388; presumed from failure
to register, 95S; through preference of creditors, 390; against
coloni/ation law, 847; against naturalization laws, 829; affects
all contracts, 347; avoids contracts, when, 312; as affecting wills,
529.
Fraudulent bankruptcy, defined, 70S.
Freedom: all born free, 2; from search. !(!: of press, 7.
INDEX. 1009
[References arc to Articles, unless page is cited.]
Free Importation : of machinery, for water works, 876 ; of articles for
colonists, 839, 845-840 ; under water rights concessions, 876.
Freight: delays in shipment, damage, 1037; duty of carrier to trans-
port, 1030; liability for loss or damage, 1032; liability of con-
necting carriers, 1034; insurance of, 1049, 1058; rates, rebates,
1029a; application of stamp tax, 1074.
Fruits: definition, kinds, 239; rules of receiving and restoring, 250-
252.
Fund, for payment of civil responsibility, 1026.
Fundo legal; old land measure, 1113, 1122. See Town Lands, fundo
minero, defined, 880.
Fusion of rights, 373.
G
Gaming ajid betting- contracts, 458.
Gananciales: what arc, 183-185; cannot be renounced, when, 185;
rights of creditors in, 181; administration of in conjugal part-
nership, 184-190.
Garnishment, form and requisites, 801.
General Reputation, as evidence, 788.
General Ways of Communication, power of Congress over, 72-XXII;
water ways are, 873.
(Jcstor Judicial, when allowed in suit, 758.
Clcstor oficioso, general rules, 430.
Gifts: ante-nuptial, 193; between husband and wife, 194; general rules,
444-449; when void, 440; definitions, kinds, 444; form, acceptance,
445; incidents of, 446; who may make and receive, 447; revocation
of gifts, 448; reduction of gifts, 449; stamp tax, p. 732.
(lobcrnacion: Department of, functions, 133.
Gold: exempt from tax, when, 930 B; fixed value of, 930 A; tax on,
930 A; standard adopted, 1115.
Good Faith: definition, incidents, 250; in respect to confusion of
goods, 240-247; as regards possession, 248, 250, 290; presumption
of, 250, 292; suspension of. 251; as affecting possession. 250-252;
as affecting prescription, 290; effect on prescription of real prop-
erty, 291; of personal property, .292; in negative prescription,
293; no defense to damages, when, 1019; no defense to restitution,
1010.
Government: form of, 40; powers derived from people, 39; form may
be altered, 39: prescription against, 288.
Governors of States: liability for crimes. 103-107; civil liability. 108;
must enforce Federal Laws, 114.
Grand Register of Property. H59-S63 : to be preserved. 807-XIF:
establishment of. 859; effects of registration. 800 ; registration,
how made, SOI; changes of ownership. S02 ; sub-division. S02 : tax
on registration, 803.
04
1010 INDEX.
[References are to Articles, unless page is cited.]
Gratuitous Contract, defined, 307.
Guaranty of bills of exchange, 674.
Guardian: acknowledgment of children, 163; appointment of, 164;
registry of, 164; marriage with ward, 171; responsible for acts of
wards, 1016; insurance contracts by, 1042.
Guardianship records, 164; foreign guardianship, 159; responsibility
of persons under, 1025.
H
Habeas corpus. See Amparo, 817-820.
Habitation. See Use and Occupancy.
Hacienda, Department of, functions, 138; old land measure, 1122.
Handwriting, expert comparison, 784.
Hazard, contracts of, kinds, 457.
Head of family, public grant to, 871.
Hearings, of suits, public and private, 769; of notifications, 765.
Hectare, 2.471 acres, p. 804, B.
Heirs. See Successions; liability for ancestor's debts, 755; liable for
ancestor's torts, when, 1023.
Heirs and legatees, may require mortgage when, 413.
Heirs and representatives, when having joint interests, 331.
Highest bidder, preferred, 803.
Hiring of personal property. 499-500; of animals, 500.
Holidays: in time for prescription. 304; legal, which are, 761.
Homicide, damages, for wrongful, 1012; cannot recover insurance, 1046.
Hotels, rules governing, 439; liability for losses and damages, 1017-
1018.
Hunting rights, 237.
Husband and Wife: See, Married Women; Divorce; reciprocal rights
and duties, 176; rights of alimentos, 176, 178; right to alimentos
under will, 514-515; disabilities of wife marital license. 177;
marital property rights the conjugal partnership. 179-190; kinds
of partnership, 179; how begun and terminated, 179; husband is
administrator, 179; when wife may administer, 179, 186; marriage
capitulations, govern legal partnership. 179; how constituted and
altered. 180; contract of voluntary partnership, contents. 181;
rights of creditors, 181; certain provisions void, 181; foreign
marriages subject to Mexican law. when. 182; the legal partner-
ship. 183-190; individual property of spouses, 183-185 ; ganancialcfi.
183-190; community property, 184-185: administration of legal
partnership: title in both spouses, 186; must join in sale or
encumbrance, when, 186; debts of husband and wife, 187; house-
hold debts, 187: disposition by will. 186; alienation in fraud of
wife, 186; debts and expenses, 187: liquidation of legal partner-
ship, 188-190; suspension and dissolution effects, 188: inventory
INDEX. 1011
[References are to Articles, unless page is cited.}
distribution, 189; final settlement, 190; separation of property,
191-192; how effected agreements, 191; judgment of separation
effects, 192; antenuptial and postnuptial gifts, 193-194; dowry,
195; cannot sell to each other, 471; property of, in bankruptcy,
712; as witnesses, 785; responsible for acts of wife, when, 10 1C;
prescription, 300; inheritance between, 544; share of inheritance,
549.
Ideas, expression of, 6-7.
Idiots: prescription, 299.
Ignorance of law, no excuse, 141; as element of negligence, 1028-1029.
Illegal contract, recovery under, 384; for impossibility, 315.
Illegitimate children; acknowledgment of, 163; civil status records, 161.
Immigrants, certificates required, 837. See Colonists.
Impeachment: of public officials, 103-107.
Impediments: to marriage, 171; dispensation of, 171; revocation of,
171; dispensation not obtainable, 172; denouncement of impedi-
ments, proceedings, 174; effect of impediments, 190.
Imports, free for colonists, 839, 845-846; of machinery for water and
irrigation, 876. See Tariff.
Impossibility, in contracts, defined, 315.
Imprisonment, for debt, forbidden, 17; for crime, when, 18; bail al-
lowed, when, 18; length of, 19.
Improvements: in case of eviction, 358; by persons in possession, 252;
ownership of, 240-241; patents for, 961.
Incidental actions, defined, 753.
Income, stamp tax, p. 732.
Incompetent judge, acts void, 770.
Indemnity, in fire insurance contracts, 1043.
Indemnization of damages, defined, 1010.
Index: of civil register, must be kept daily, 158; of Notarial acts,
933; of private conveyances, 951; of Public Register, contents, 951.
Individual liability of members of company. 730.
Infractions of stamp tax law, 1104-1108.
Infringement: of copyright, 1004-1006; what is, 1004; what is not,
1005; of patents, 964.
Inheritances, stamp tax, p. 732. See Successions; order of, 544.
Injury: intentional, measure of damages. 1012; to property, measure
of damages, 1012.
Innkeepers: general rules. 439; liability for damages. 1017-1018.
Insane persons, responsibility for torts, 1025.
Inscriptions: in Commercial Register, necessary, 953: in registers,
form and manner, 951 ; extinction of, 952.
1012 INDEX.
[References are to Articles, unless page is cited.]
Insolvency: defined, 389; joint debtor, 334; effect on life insurance,
1057; on fire insurance, 1054.
Insolvent debtor, rescission of conveyance, 381.
Inspection : of documents, 709 ; of mining, 900 ; of salesbooks, for
stamp tax, 10GG-10G7, 1072; of books and papers, 576; of corporate
records, 035 ; of goods bought, right of, 488.
Instances: number of, 24; absolving from, abolished, 24.
Instructions, to commission agents, 598-599.
Instructive, office of, 763.
Instruments. See Documents ; sued on, filing, 752.
Insurance. See Fire Insurance; Life Insurance; Law, 1041-1058: ad-
justment of losses, 1055; as commercial contract, 1050; contracts,
must be in writing, 1050; contracts, requisites of, 1050; of trans-
portation, 1049; mutual fire, liability, 1042; policy void when,
1044; prescription, 306; proofs of loss and of fault, 1044; settle-
ment of indemnity, 1043; what is insurable, 1051; who may insure
and be insured, 1042; contract must be in writing, 1041; defined,
1041; of freight in transit, 1058; policy, requisites of. 1045;
premium, defined, 1041; premiums, terms of payment, 1045; what
may be insured, 1041, 1047; premiums, stamp tax. p. 740.
Intent: as affecting crime, 1029; in commercial contracts. 5S7 ; am-
biguous, in contract, 319.
Interdiction, legal incidents of, 213.
Interest: disqualifies witness, 780; legal rate in contracts. 351; on
mortgages, limit, 410; when recoverable, 339; compound. 453; on
loans, rate. 453; on mercantile loans, rate, 455; stopped by bank-
ruptcy, 710; application of stamp tax, 1092.
Interior, Department of. 133.
Interlocutory judgments, defined, 794; appeal from, 796.
International Trademarks, 993A-993C.
Interpretation, of ambiguous contract, 319.
Interpreter: for foreign witness, 787: for notarial acts, 934.
Interrogatories: special power required. 427; form of, 777; of party to
suit, 774: to witnesses, 787.
Interruption: of prescription, causes, 301; joint obligations. 302; ef-
fects of, 303; of commercial prescription, 305.
Intervening suits, rules, 805.
Intervention for honor of bills, 681.
Interventors : in bankruptcy, appointment and duties. 735-736: in suc-
cession proceedings, 558.
Intestate Succession. 543-550. See Successions.
Intoxication, as basis of civil responsibility. 1028.
Inventions: several in same patent. 977: what patentable. 962.
Inventories: of community property, 1S9: of property of deceased
testator or intestate. 557-059; of property by usufructuary. 259;
of bankrupted estate. 738; stamp tax. p. 733; book of. 572.
INDEX. 1013
[References are to Articles, unless page is cited.]
Inventors, privileges to, 28.
Invoices: of sales by wholesale required, 1070-1071; of goods sold on
order, stamp tax, 1073; stamp tax, p. 733.
Irrigation, concessions, 875-870.
J elands: ownership of, 245; colonization of, 844; public lands on, 850.
Job and piece work, acceptance and delivery, 434, 437.
Joinder of actions, 752.
Joint: actions, who may maintain, 755; authorship, copyright, 998;
insurance contracts, 1042; creditors, 330-335; contract, perform-
ance, 330, 336 ; debts, set-off, rules, 369 ; debtors, release of one,
330, -335; defendants, answer, 808; liability, how discharged, 333;
obligations, prescription, 302; obligations, penalties, 317; action
for damages, 1024-1025; owners and debtors, prescription, as to,
287; representative, in law suits, 75!); tort feasors, liability, 349.
Joint-interest. See Mancomunidadj prescription of, 287.
Joint-stock Company. See Partnership with Silent Partners.
Judges: of Civil Status, 150; as witnesses, 786; challenges and dis-
qualification, 772; execution of instrument by, when party re-
fuses, 798; must decide all questions, 794; responsibility for wrong-
ful acts, 1022; when disqualified, 772.
Judgment: defined, 762; by default, when, 811; execution of, 798-800;
final, when executive, 813; foreign, legalization. 800: hearing,
notice of, 765; kinds, general rules, 794-795; legal effect, 794;
registration of, 950; registry of, 795; when to be rendered, 812.
Judicial liquidation, of bankrupt estate, 744-745.
Judicial mandates, must be by cscriturn pnblica. 422. 42(1.
Judicial orders: how signed, 702; for protocolization of foreign docu-
ments, 936.
Judicial papers, how written, 761.
Judicial power, 90, 108.
Judicial proceedings: lawful days, 761; on mining oppositions, 917;
stamp tax. p. 734. See Costs.
Judicial records, as evidence. 791.
Judicial sales: advertisement, 798; basis of bidding, bidders and bid-
ding, 802-803: how held. 802: of mortgaged property, extinguishes
mortgages, 420; of personalty, 804; proceeds, 803; incidents of,
473.
Judicial terms: extension of, 760-768; how computed, 766.
.Jurisdiction: general rules of. 770; of milling suit-. 80S; of Federal
courts, 97-102: of Supreme Court of Justice. 98-100; of Federal
Tribunals. 97, 101-102.
Jurisprudence: ratio dccidciKli, 147: when established, 820.
1014: INDEX.
[References are to Articles, unless page is cited.]
Just title: for possession, defined, 290; when presumed, 292; no defense
to restitution, 1010.
Justice, Department of, 134.
Justice, is free. 17.
Journeys: births during, 162; deaths during, 167.
K
Kilo (kilogram), 2.2 pounds, p. 806, B.
Kilometer, 0.62 mile, p. 803, B.
Knowledge: as element of good or bad faith, 250; of defects, as
affecting sales, 478; want of, as negligence, civil responsibility, 1028.
Labor: right to products of, 994; wages due for, preference, 721, 732.
Land: companies, 849; agents, appointment and duties, 853; marks.
See Monuments; marks, required, 233; laws, amendment of, 867;
laws, 848-872. See Public Lands; system of measures, 1111-1113;
table of old measures, 1122.
Lapse of insurance policy, 1046.
Lawful days and hours, defined, 761-762.
Laws: form and style, 64; right to initiate, 65, 141; procedure for
enactment, 60-71; rejected bills, 67; may be initiated in cither
chamber, except revenue bills, 70; vetoes, 71; abrogation or repeal
of, 143; not affected by private agreement, 143; renunciation or
waiver of, 143, 934- (8); promulgation and taking effect of, 142;
retroactive, forbidden, 14, 143; ex post facto, forbidden, 14; for-
eign, proof of, 776; must respect constitutional guaranties, 1;
permission to publish, 1002; protection of, to slaves, 2; to all
persons, 143; proof of, 776; special, forbidden, 13; equal for all,
141; spirit of, 147.
Lawyer, as witness, 777, 786. See Attorneys.
Learning, is free, 3.
Leases: 491-500; form and incidents of contract, 491; obligations of
lessor, 4!)2; obligations of lessee. 493; rent, 493; negligence and
fires, 494; sub-leases, 495; expiration of term, incidents, 49(5-497:
termination of lease, 497-498; rescission of contract, 498; lease
of personal property, 499; hiring of animals, 500; of public lands,
851, 869; to foreigners, effects of, 832; of public lands, 869; Reg-
ister of, 948 ; registration, 950 ; sale of leased premises, 498 ;
stamp tax, p. 733; Art. 1062 A.
Legacies. See Successions; stamp lax. p. 732.
Legal: tender, of money. 1118; proceedings, stamp tax. p. 734.
Legalization : of days and hours for judicial proceedings. 761 ; of docu-
ments, 779-780: of notary's seal and signature, 942; of signatures,
INDEX. 1015
[References are to Articles, unless page is cited.]
to judicial writs, 764; of signatures to foreign documents, 936;
when not required, 779; stamp tax, p. 735.
Legitimacy, actions concerning, 205; recognition of, 204; time and
manner of contesting, 202.
Legitimation, manner and effects, 20G.
Lenders: entitled to subrogation when, 372; may require mortgage
when, 413.
Lesion: defined, 382; in mining contracts, abolished, 894; as grounds
of rescission, 480; does not affect compromises, 503; in mercantile
contracts, 489.
Letter of attorney: in judicial matters, 426; for patents, 965; stamp
tax, p. 735 ; Forms, see p. 867.
Letters of credit, defined, incidents, 698; stamp tax, p. 735.
Letters of payment, stamp tax, p. 735.
Letters rogatory, for testimony of high oflicials, 787.
Levy of embargo, in executive suit, 814.
Liability: essential grounds of, 1015; for wrongful acts of another, 1015;
on contract, when accrues, 339 ; of Notaries, 944-945 ; of officer
for serving notifications, 765. See Civil Responsibility; Damages.
Libel, action for, 1011; prescription of action. 295.
Liberty: contracts restraining, 5; of writing and of the press, 7.
License: to exploit patent, rules, 967-968; stamp tax, p. 735.
Liens: for price of property sold, 490; in case of bankruptcy, 722-723.
726; lien for purchase price, 726; for payment of insurance pre-
miums, 1052; for unpaid stock subscriptions, 633; of mechanics
and artisans, 437 ; sundry liens for work and services, 726.
Life expectancy table, 101:'..
Light, easement of. 277.
Life annuities. See Annuities, Life.
Life insurance: as assets of estate, 1046, 1057; cases not covered by
policy, 1056; failure to pay premiums, 1057; nature and form of
contract, 1056; incidents of contract, 1046, 1057; notice of addi-
tional insurance, 1057; paid up policy, 1057; who may procure.
1046.
Limited Partnerships: 624-626: Xature and organization, 624; rights
of partners, 625 ; administration, 625, 626 ; distribution of profits.
626.
Limiting liability, by carrier. 1031.
" Liquid " amounts, defined, 367.
Liquidators: of corporation, 642-643; prescription of actions against,
306.
Liquidated damages: agreement, 349; in contract. 317.
Liquidation of Partnership. 619-622.
Litigious rights: defined. 375; may bo sold. 470; insurance of, 1047.
Litigious property, cannot be mortgaged. 407.
Liverv: hiring of animals, 500; rules of liability. 703.
1016 INDEX.
[References are to Articles, unless page is cited.]
Loans: 450-456; definition, incidents, 450; " Commodatum," incidents,
451; simple " Hutuum," incidents, 452; " Uu t uum " with interest,
453; mercantile loans, 454-456; defined, repayment, 454; interest,
455; loans on collateral, 456; of money, stamp tax, p. 735; re-
newal, stamp tax on, 1035.
Location: of mining property, how made, effects, 913; rectification of,
889.
Loss: of freight or baggage, damages, 1036; of baggage check, 1039; of
baggage, limit of liability, 1040; of freight, connecting carriers,
1034; of boleta for retail sales, 1068; of goods, measure of dam-
ages, 1036; of instruments to bearer, 691-694; of Mining Titles,
905; of object of contract, who liable, 340; of patent title papers,
980; of property, measure of damages, 1012; rules, 229-231; by
person in possession, 252; of possession, 253; of subject-matter
of contract, rules, 328-329, 342-343; of trademark certificate, 990.
Lost: bills of exchange, 675; records, replacing, 761; wills, how estab-
lished, 506.
Losses and Damages. See Danos y Perjuicios.
Losses and repairs, by usufructuary, 260.
Lotteries, stamp tax, p. 736.
M
Magistrates. See Supreme Court of Justice: responsibility for crimes,
103, 107; civil responsibility, 108, 1022; compensation of, 120.
Majority, legal age, 214.
Malpractice, professional, damages for, 429.
Managers of corporation, appointment and functions, 635.
Managing partner, of civil partnership, 661.
Mancommunity. See Alancoinunidad.
Mancomunidad (joint-interest): 330-335; defined, kinds, 330; between
heirs and representatives, 331; presumption of mancomunidad,
332; discharge of liability, 333; contribution between debtors, 334;
release of one debtor, 335; insurance contracts, 1042.
Matiduto, general rules, 421-428. See Powers of Attorney.
Manifests, stamp tax, p. 736.
Manufacture, when considered as sale, 1073.
Marital license: general rules as to requirements, 177; to engage in
commerce, 565.
Maritime actions, prescription, 300; zone, defined, 850.
Mark, upon patented articles, 9G9.
Marriage: contract, defined, 170; requisites, 170; impediments to, 171;
dispensation of, in what cases permitted. 171; age of marriage,
171; consent of parents or guardian, 171; revocation of. 171;
guardian and ward. 171; foreign and mixed marriages. 172; legal
effects of, 172; dispensation for, 172; marriages in imminence of
INDEX. 1017
[References are to Articles, unless page in cited.]
death, 172; marriage at sea, 172; registration of, 172; failure to
register, effect, 172; declaration of intention, how and where made,
173; requisites of declaration, 173; witnesses to declaration, 173;
posting copies of record, 173; place and time of posting, 173;
dispensation of posting, 173; oppositions to marriage, proceedings,
174; who may make, 174; penalties for false opposition, 174;
marriage suspended pending decision, 174; celebration of mar-
riage, when and where, 175; witnesses to marriage, 175; marriage
record, contents, 175; rights and obligations arising from mar-
riage, 170; alimentos, right to, 177-178; property rights: See
Husband and Wife; foreign marriages, law governing, 182; illegal
and void marriages: 190-198; presumed valid, 197; as affecting
citizenship, 822-823; settlements, registry, 418; stamp tax, p. 730.
Married Women. See Husband and Wife; domicile, 149; duties to
husband, 170; legal disabilities of, 177; marital license required,
when, 177, 505; invalidity of acts, how pleaded, 177; right to
make will, 177, 180; duty to support husband, 178; when admin-
istrator of community property, 179, 180; is joint owner of com-
munity property, 180; must join in conveyance, when, ISO; debts
of, 187; may require mortgage for dowry, when, 413-414; right
to amparo, 818; power of attorney to, 422. 420; prescription
against, 300; may be merchant, powers of, 505.
Master and servant: general rules, 431-433; responsibility for acts,
1017-1025.
Materialmen, liens, 437, 720.
Matriculation of foreigners, abolished, 835.
Matrimonial capitulations: govern voluntary conjugal partnership, 179;
how constituted and altered. ISO; contents of, provisions, 181;
may govern foreign marriage interests. 1S2; govern separation of
property, 179, 191; prescription, 300; registration of, 950; stamp
tax, p. 730.
Matrix, of notarial acts, 934.
Maturity of mortgages, 411.
Measure of damages: for loss or injury to property, 349, 1010, 1012;
for wrongful death, 1013; for personal injuries, 1014.
Measures: metric system adopted, 1109; equivalents of old system,
1110; old land measures delined, 1111-1113; old water measures
defined, 1114. See Index of Tables of Weights, Measures and
Equivalents, p. 799.
Mechanics: general rules governing, 434-437; liens and actions, 437.
Medical expenses: as damages, 1()13; preference in payment, 721, 727.
Meetings: in mining agency regarding oppositions, 917; judge may
order, 709; of creditors, in bankruptcy, 741, 749.
Memorials, stamp tax. p. 730.
Mercantile: actions delined, when lie, 750; appeals, 790; announce-
1018 INDEX.
[References are to Articles, unless page is cited.]
ments, 568-569; commissions, 595, 599; pledges, defined, incidents,
609; bookkeeping. See Bookkeeping.
Merchants, 564-569: defined, who are merchants, 504; who are com-
petent, 565; who are not competent, 566; foreigners, commercial
rights, 56"; obligations common to all merchants, 5(iS ; mercantile
announcements, 569; must furnish statements for stamp tax, 10ti4,
1073; must procure boletas for payment of stamp tax, 1068;
registration of, 954. Commission. See Commission Merchants.
Meridian, of mining property, how located, 913.
Merger: of rights, 373; of title and usufruct under mortgage, 407.
Metric system, of weights and measures, adopted, 1109.
Mexican law: governs persons and property, 144; governs contracts
and real property, 145; governs foreign marriages, 182.
Mexicans: who are, 30, 822; political rights of, 8-9, :>5 : political
obligations of, 31; preferences to, 32; quality as citizens, 34-37;
loss of citizenship, 37-38.
Military authority: exercise of, 122; jurisdiction, 122, 125; law, when
applied, 13.
Minerals : contracts for exploitation, 879 ; encountered in mining work,
892; subject to mining denouncement, 879.
Mines: acquisition by denouncement, 882-887; stamp tax on titles, p.
744. See Mining Law.
Mining agent: appointment and. qualifications, 908, 926-9:50; decisions
revicwable by Fomento, 884; duties, 909; filing denouncement, 884;
irregularities of, 930; liability for mistakes, 885; to forward record
to Fomento, 885.
Mining Concessions, registration, 950.
Mining Contracts: nature of, 894; registry of, 894; suits regarding,
898.
Mining Easements: 891-893; nature and extent of easements, 891; rules
for use of easements, 892; establishment of easements, 893; peti-
tions for, 922.
Mining Experts: interference with, 897; liability for mistakes, 885;
resisting, 912; rejection of, new appointment. 911: report on
survey, 914.
Mining Inspections, 900.
Mining Law: 879-907; scope of, 879; surface, occupation, of, 881;
administrative and judicial procedure, election. 88f> ; free land,
what is, 882; railways, right to construct, 881; right of expro-
priation, 881; suspension of proceedings on denouncements, 886;
suspension of works by Fomento, 900; water in workings, use of,
881; application of civil law, 879; claims defined, 880; mining
rights, extent of workings, 881 : meetings, failure to attend, 885-
886; explorations, rules for conducting. 899: denouncement of
land released by reduction. 918; dumps, ownership. 881: denounce-
ments, withdrawal of, 885; denouncements, requisites of, 910 j
INDEX. 1019
[References are to Articles, unless page is cited.]
denouncements, reduction of pertenencias, 888 ; procedure in
agency, 884 ; filing in absence of agent, 908 ; conflicting, 884 ; by
foreigners, void, when, 901; conflicting, which admitted, 910; filing
with agent, 884. See Denouncements.
Mining plans: location of monuments on, 914; requisites of, 911, 913.
Mining Property, defined, 880.
Mining Record, time allowed for completing, 912.
Mining taxes: payment of, by whom, 902; time for payment, 930e;
fixed and annual, 930D; laws not repealed, 907.
Mining Titles: loss of, 905; delivery of, 916; effect of issuance, 885;
effect of, as to third persons, 887 ; how signed, 905 ; issuance of
publication, 910; issuance refused, when, 887; registration, under
new law, 894, 907; tax on, 930D, p. 744.
Minister. See Consul.
Ministerto Pullico : established, 96; defined and functions, 821; party
in amparo, 818; representing absent defendants, 758.
Minors: legal disability of, 209-213; are subject to commercial pre-
scription, 305; domicile of, 149; habilitation of, 214; may be
merchants, when, 565; right to amparo, 818; power of attorney
to, 422, 426; prescription against, 299-300; responsibility for
torts, 1025; as witnesses, 786.
Minority: incidents of, 209; effects on property rights, 210.
Mints, assay and smelting services, 1117.
Minuta, of contracts, 939-940.
Minute Book, must be kept, 570; requisites of, 575.
Minutes: of companies, as evidence, 778; of contracts, requirements,
939-940; of brokers, 581; probative effect of. 582: of corporate
meetings, 639; stamp tax, pp. 722, 737; application of stamp
tax on, 1062.
Misdemeanor, definition, 1028; when punishable, 1029.
Mistakes: effect on contracts, 312; payment made by, recovery, 365;
prescription of action for, 383; by whom must be pleaded, 383.
Models, for patent, required, 965.
Mojoneras. See Monuments.
Momentary Associations for profit-sharing, 610-612, 654-655.
Monastic Orders, proscribed, 5.
Money: gold standard adopted, 1115; coins, weight and fineness, 1116;
coinage and circulation, 1117; legal currency of money. 11 IS;
withdrawal of coins, 1119; prohibition of tokens. 1119; regulatory
fund, 1120; value of old coinage, 1120; value of peso in foreign
moneys, 1121; Mexican and foreign, as medium of payment. 345.
Money Orders, stamp tax. p. 737.
Monopolies, forbidden, 28.
Month, defined, 501 ; year, defined. 591 ; how counted for prescriptions.
304.
Monuments, mining: destruction of. 807; failure to erect. 007: time
1020 INDEX.
[References are to Articles, unless page is cited.]
for erecting, 915, 907; required, 885; certificate of erection, 915;
how to be placed, 915; form and requisites, 915; location of, 914.
"Moral Persons:" defined, 154; civil rights of, 155; prescription ap-
plies to, 288.
Morosidad. See Default.
Mortgages: application of insurance money, 409; assignment or trans-
fer, 411; assumption of by creditor, 803; cancellation of, 419;
cancellation, stamp tax, p. 722; certificate of encumbrances re-
quired, 416; conditions, registry, 411; defined, 407; property sub-
ject to, 407; foreclosure in case of bankruptcy, 722; second mort-
gages, rules, 407 ; stamp tax, p. 737 ; subsistance and maturity,
411-412; voluntary, incidents, 411: who may make, 410; when
and where registered, 415; destruction of mortgaged property, 409;
duty to give new mortgage, when, 407; entirety and division, rules,
408; extension and precedence, 411; extinction of, 420; general
rules, 407-420; impairment of security, remedy, 409, 414; legal
incidents of mortgage, 410; mortgagee cannot acquire property
under, 410; must be registered, 410; necessary, when required,
412-413; necessary, failure to give, 414; never implied or general,
410; prescription of foreclosure, 410; property subject to, 410;
registry necessary, rules, 415, 418; register of, 948; requisites
for registry, 41G; security must be increased, when, 409, 414.
ilueliles, defined, 220.
Municipalities, civil responsibility for employes, 1017.
Murder, damages for, 1011.
Museum, of patent office, 973.
Music, copyright, 995, 1004.
Mutual consent, to contract, 309-311.
Mutual mistake, in contracts, 312.
Mutuum, defined, 450; simple mutuum, 452; mutuum with interest,
453.
National lands: denned, 848; classification repealed, 867.
Nationality, declaration of intention, 822-823.
Natural and spurious children: civil status records, 163; defined
legitimation, 206.
Naturalization: 822-831; by birth or marriage, 822-824; how affected
by absence, 825; who may be naturalized, 826; application for.
826; procedure for naturalization, 827; special naturalization,
828; effects and incidents. 829. 231; of colonists, 830; obtained
by fraud. 82!) : per-on* incapable of. 82!).
Navigable wafers, rules governing, 269. 873-874.
Navy. Department of. l-'i'.i,
Necessary mortgages, by whom and when required. 412-414.
INDEX. 1021
[References are to Articles, unless page is cited.]
Negative prescription: defined, 284; general rules, 293-298; when
begins to run, 305. See Prescription.
Negative, proof of, 770.
Negligence, classes of, 1029; crimes of, defined, 1028; in construction,
liability for, 350; in loss of object of contract, 343; in rendering
professional services, 429; rules for estimating, 1029.
Negotiable Instruments, 666-689. See Bills of Exchange, C66-684 ;
Drafts, Orders, Notes, Checks and Letters of Credit, 685-694;
prescription, 306; are acts of commerce, 585.
Newspapers, copyright, 1002; liberty of the press, 7.
\ollc proscqui, abolished, 24.
Non-performance of contract, liability, 336, 338.
Non-residents, citations to, 764; civil status of, 144; Mexican laws
govern, when, 145.
Notarial acts: authentication, 942; corrections, how made, 934; form
and manner of executing, 934-935 ; legal effects, 942 ; must recite
reading to parties, 934 ; must be protocolixed, 933 ; protocolization,
937 ; requisites to validity, 935 ; revocation or modification, how
made, 941; signing by persons under disabilities, 934; size of
paper required, 935, 941; when and how signed, 938; when void,
944. See Escritura Publica.
Notarial Fees, tariff, 947.
Notarial Instruments, how executed, 934-935.
Notarial Law, 931-947.
Notary Public: qualifications and appointment. 931-932; must require
registry of mortgages, 415; acts must be protocolized, 933; books
of powers of attorney, 933 ; certificates by, 942 ; disqualified, when,
932; legalization of seal and signature, 942; liability for mis-
prision, 944-945; must have seal, 931; must affix seal to acts,
934; to keep index, 933; schedule of fees, 947; fees paid by whom,
947; abstract book, 933; arc/tiro general of. 946; jurisdiction of,
931; must prepare instruments, manner, 934-935; must read in-
struments to parties, 934; void if omitted, 944: can only certify
to matters of record, 942; records, disposition of, 933.
Notes, Promissory: form and requisites, 685; forms of notes, pp. 869-
870; actions for recovery of, prescription. 294; evidencing whole-
sale sales, required, 1071; prescription, 300; stamp tax, p. 738.
See Negotiable Instruments.
Notices: of additional insurance. 1054, 1057; of assignment required,
378; of death, when required, 535; of opening, close or transfer
of business, 569; stamp tax. 1069; of suit for eviction. 357-359;
of taking proofs, 776: service on attorney. 700.
Notifications: first, how made. 763: subsequent nut ices. 76.") : when
void. 765; when and ho\v served. 763: designation of place for, 763.
Novelty: ex munition for. 970; in patents, defined. 963.
Novation of contracts, rules, 3 1 4.
1022 INDEX.
[References are to Articles, unless page is cited.]
Nullity: of contracts, actions, 383; effects, 387; of notarial acts, 944;
of patents, ( J72; of marriage, 196-197; of wills, 528-531.
Number: of witnesses heard, 787; of witnesses for proof, 792.
Numbers and dates: how written, in civil records, 158; in notarial
acts, 934.
Nuisances, 275-278.
O
Oath: religious, abolished, 130; note 49, to Art.' 74; in judicial pro-
ceedings, 701; to contract, 309.
Obligation of contract, defined, 308.
Obligations, kinds, defined, 320. See Contracts.
Occupancy, 264-265.
Offer of contract, acceptance, 311; death of party, 311.
Officials: liability for crimes, 103-107; no exemption from, 103; pro-
cedure, 104-105; no pardon, 106; responsibility for wrongful acts,
1022.
Officious agency, rules, 430.
Onerous contract, defined, 307.
Opening of business house, announcements, 569; stamp tax, 10G9.
Opinions: expression of, 6-7; of experts, 785.
Oppositions: to denouncement of public lands, 855; to mining expro-
priation, 896; to mining denouncements, proceedings on, 886, 917.
Options, mining. 894: stamp tax. p. 738.
Oiden, Excuftion and Division, denned, 395.
Order: to pay. effect. 814; of sale, when made. 814: of sale of property
embargoed. 816: for goods, application of stamp tax. p. 1073.
Ordinary suits, general practice. S06-812.
Ownership, denned, incidents, 232.
Paid up policy of life insurance, 1057.
Paper: for contracts, dimensions required, 935, 941; paper required
for legal documents, 761; must be stamped, 761; size of sheet for
stamp tax, 1093; for making wills, 533; for patent drawings, 97G.
Paraphernalia: mortgage to secure, 413; registry, 418.
Pardon: power to grant, 85, XV; effect on civil responsibility, 1027.
Parents, responsible for acts of children, 1016. See Patria Potestad.
Parochial archives, as evidence, 778, 791.
Partial: cancellation of mortgages, etc.. 952; delivery of job work,
437; deliveries of goods. 490; application of stamp tax, 1073;
payments. 362; application, 453; satisfaction of mortgages, 408;
performance of contract, 327.
Part of documents, copies, 782.
INDEX. 1023
[References are to Articles, unless page is cited.]
Party: to suit, proving personality, 7(50; in interest must sue, 753;
bound to testify, 777; personality, lio\v represented, 757; absent
and unknown parties, 757; to ainparo, 819; to preparatory action,
774.
Party ownership, legal easement of, 272-274.
Particular partnerships, defined, incidents, 659.
Partition, general rules, 234; of estates in successions, 559-500.
Partners: use of firm name, liability, 614, 617; rights and duties of,
615-616; managing partners, 616.
Partnership: bankruptcy of, involves that of partners, 704; conjugal,
legal and voluntary, 179-190. See Husband and Wife; stamp tax,
p. 738; judgment against binds partners, 611, 616; prescription
of actions concerning, 306; with silent partners, 645-047 ; denned,
incidents, 645; vigilance committee, 646: dissolution, 647.
Partnerships. See Corporations and Partnerships. See: Partnerships
with Collective Name, 614-623: Limited Partnerships, 624-626;
Partnerships with Silent Partners, or Joint-stock Company, 645-
647; Cooperative Companies, 648-651; Civil Partnerships, 656-663;
Rural Partnerships, 664-665.
Partnership with Collective Name, 614-623: defined, firm name, 614;
rights and duties of partners, 615-616; managing partners, 616;
rescission of partnership, 617; dissolution of partnership, 618;
duties of liquidators, 620; profits and losses, 621; distribution,
621-622; actions by creditors, 623; prescription, 62.'!.
Passage, easement of, right of passage, 271; mining easement of, 891.
Passing of title, when effective, 341.
Paternity and Filiation, 201-203; presumptions of legitimacy, 201.
Patria potcstad, general rules, 209-211; minority, incidents of, 209;
prescription, 300.
Patents: what is and is not patentable, 962; use and exploitation
of, 967; accounting for profits, 968; application for, when,
963; application for, requirements, 965; assignment of rights,
970; notice of assignment, 378; costs and fees, 987; duration
of grant, 966; expiration and nullity, 972; efTect of grant-
ing, 965; exploitation, licenses, 967; extension, proceedings, 979;
examinations, petition for, 980; expropriation for public use,
971; fees for grant, 966; how issued, requisites, 969; in-
fringement, what is, 964; issuance of title, 978; title papers,
what are, 969 ; joint or several inventions, 977; legal date of,
965; loss of title, 980; mark upon, requisites, 969; may be issued
to several, 964; official publications. 973; requisites of application,
974 ; rights of patentee, 964.
Pawn tickets, stamp tax, p. 738 ; regulation regarding pledges. 404.
Payment. See Performance of Contract : of family debts and expenses,
1$7: of debts of bankrupt, order of. 721. 732; application of. 345;
application of in case of mortgage*. 408; by insolvent debtor. 390;
1024: INDEX.
[References arc to Articles, unless page is cited.]
by mistake, 365; by whom made, rules, 363; in performance of
contract, rules, 360-300; in what money made, 345-346; on ac-
count of job work, 43"; partial, rules, 362; place of, 361; tender
and deposit, 300; to whom made, rules, 364; when and how made,
360; when presumed, 302; of stamp taxes, manner, 1068; of
legacies, 5'25; in foreign money, 454; of bills of exchange, 675;
of debts of deceased, 599; stamp tax, p. 738.
Pay-rolls, stamp tax, p. 739.
Peaceable possession, denned, 290.
Penal clauses in contracts, 317.
Penalties: for crimes, and correction, 21; certain kinds abolished, 22;
of death, 23; in contract, rules, 317; apportionment of, 1024-1025;
for violation of mining law, 897 ; for violation of stamp tax law,
1104-1108; for failure to pay mining tax, 930e.
Pensions. See Censos; Life Annuities; prescription, 296-297; stamp
tax, p. 732.
People: recognize rights of man, 1; source of all power, 39; establish
federation, 40; exercise sovereignty, 41.
Periodical payments, application of stamp tax, 1092.
Performance of contracts: general rules, 330-340. 360-366; of condi-
tional contracts, 321; of contract, remedies for failure, 342-343;
by whom rendered, 363; to whom rendered, 364; defined, 336; of
alternative contract, 327-329; damages for non-performance, 336-
338; of joint obligations, 334; obligations, 342; place of, 361;
when demandable before maturity, 326.
I'crjuicios, defined, 348; indemnization for, 1010.
Permanent Deputation : composition of, 73 ; powers of, 74 ; suspension
of constitutional guaranties, 29.
Permits: mining, to foreigners, 901, 925; to exploit public lands, 851;
exploration, filing in absence of agent, 908; for mining explora-
tions, 899, 923; stamp tax, p. 739.
Pcrmuta, defined, 469; incidents, 486.
Perpetual services, contract for, void, 431.
Pcrtcnencias, mining: defined. 880; must be contiguous, when, 883;
mining, reduction of, 918-921; annual tax on. 930D; fixed tax
on title, p. 744.
Persons: artificial or "moral," 154-155; persons under disability.
See Disabilities.
Personal property: defined, 225; copyright is, 1008; injuries, damages
for, 1014; actions for injuries to, prescribed, 295; possession, when
proscribed, 292; execution sale, 804; shares of stock are, 225;
corporate bonds are. p. 857.
Personal services: not required. 5; prescribed. 295.
Personality: of party 1o suit. 757-759: proof of, 760.
Pcfio : basis of Mexican money. 346; value in foreign moneys. 1121;
weight and fineness of, 1116.
INDEX. 1025
[References are to Articles, unless paye is cited.]
Petition: right of, 8, 35; custom house, stamp tax, p. 730; for ex-
ploration permits, 923; for mining expropriation, 924; for mining
easements, 922; for patent, requisites, 974; for reduction of
pertenencias, 918-921.
Photographs, for patents, requisites of, 976.
Place: for notifications, 763; for performance, 361.
Plans and estimates for building, 435; mining, See Mining Plans; of
mining property, to be sent to Fomento, 915; of mining per-
tenencias, to be made, 911; of public lands must be filed, 856.
Planting, restrictions on, 276.
Pleadings: answer, when due, 806-811; exceptions, 809; no answer,
default, 808; requisites of, 806; special paper for, 761; stamp tax
on, p. 734.
Pledges: general rules, 402-404; adjudication of, in executive suit,
814 ; .creditor liable for eviction, when, 404; right and obligation
indivisible, 404; debtor liable for unsatisfied balance, 404; delivery
of pledge, 407; disposition of, 404; fruits of, disposition of, 404;
must be in writing, when, 402; presumption from return of, 380;
requiring delivery, 403; rights and obligations of parties, 403;
stamp tax, p. 739; mercantile, defined, incidents, G09.
Plenary Proof: what constitutes, 790-792; broker's policy, 582; con-
fessions, 790; judicial proceedings, 791; public instruments, 791;
presumptions, 792.
Police Mining Regulations, 900.
Policy: of insurance, requisites of, 1050, 1056; of insurance, is executive
document, 1057; broker's, requisites, 581; probative effects, 582;
stamp tax, p. 722 ; insurance, stamp tax, p. 739.
Political affairs: citizens only can take part in, 9; offenders, extradi-
tion of, 15.
Poor persons, judicial costs, 769; stamp tax, p. 734.
Positive prescription: defined, 284; rules of, 290-292. See Prescription.
1'osicioncs, defined, rules, 777; special power required, 427, 777.
Possession: definitions, 248, 290; presumptions, 249; good and bad
faith, 250; suspension of good faith. 251: rights of possessors,
252; loss of possession, 253; maintenance in possession. 254; what
necessary for prescription. 290; for prescription of personal
property, 292; rules respecting right to, 254; tacking, for pre-
scription, 289; in name of another, change of, 287.
Posthumous works, copyright, 1001.
Power of Attorney: definitions and kinds, 421; form and incidents of
instrument. 422; not required for mercantile commissions. 595;
required to sign bill of exchange. 067: commercial, registra-
tion. 954: for mining denouncements. S84 : in patent cases,
965; must be eftcritnrn pi'illim. when. 422. 426; notary fees.
947; rights and duties of parties, 423-42."): in several par-
ties; joint or several, 423. 426; special Notary's book of. 933:
65
1026 INDEX.
[References are to Articles, unless page is cited.]
special power or clauses, when required, 427 ; substitution of
attorney, 423; substitutions, how made, 941; stamp tax, p. 739;
termination of power, ways of ending, 428; to make bids, 802; to
married women and minors, 422, 426; void for informality, 422;
any party may object, 426; when filed in court, 760; revoked by
bankruptcy, 710; special required for conveyances and acts of
ownership, 421. See Special Powers; Forms of Powers. See In-
dex of Forms, p. 867.
Powers of Congress, 72.
Powers of Government: division of, 50; legislative power, 51-74;
executive power, 75-89; judicial power, 90-108.
Power, water, concessions, 875-878.
Precautionary procedure, in civil suits, 775.
Precious Metals : exempt from tax when, 930B ; stamp tax on, 930A.
Preemption: of public lands, by occupants, 867-YI, 870; of public
lands under lease, 869; right of, definition and incidents, 474.
See Dcrccho del Tanto.
Preference: of mortgage debts, 411; of payment, order of payment,
724-729.
Pregnancy of widow, precautions, 551.
Premiums: of life insurance, failure to pay, 1057; on fire insurance,
policy, 1052; on insurance, terms of payment, 1045; stamp tax,
p. 740.
Preparatory procedure in civil suits, 774.
Prescription : definition and kinds, 284 ; who may acquire by, 285 ;
waiver of right, 280; fiduciary and joint interests, 287; pre-
scription against government, 288; tacking possessions, 289; rules
of positive prescription, 290-292; possession, definitions, 290; real
property, 291; personal property, 292 ; negative prescription, 293,
298; when effective, 293; two years' prescription, 294; three years'
prescription, 295; five years' prescription, 296; annuities, 297;
accounting, 298; suspension of prescription, 299, 300; as to minors
and idiots, 299; as to other disabilities, 300; interruption of pre-
scription, 301-304; causes of interruption, 301; joint obligations,
302; effect of interruption, 303; computation of time, 304; com-
mercial prescription, 305; periods of commercial prescription, 306;
under mining law, 903; of action for breach of warranty, 358;
of action for mistake, 383; for duress, 383; of actions to avoid
contracts, 383; of civil responsibility, 352, 1027; of copyright,
1008; of foreclosure under mortgage, 410; as to minors and per-
sons under disability, 213; of actions of legitimacy, 205; of crtmoa.
467; of partnership actions. 623; of patria pote.-tad, 300; where
no time is specified, 306; of offenses under stamp law, 1108; of
public lands. 858; for defective goods sold, 477; of inheritances,
553.
Presentation of bills of exchange, 671.
INDEX. 1027
[References are to Articles, unless page is cited.]
Preservation: of books of merchants, 577; of corporation, 644.
President: qualifications of, 77; term of office, 78; failure to qualify,
80, 81; resignation of, 82; protest for oath of office, 83; absence
from country, 84; approving and vetoing bills, 71; liability for
crimes, 103, 107; civil liability, 108; may suspend constitutional
guaranties, when, 29; opening speech to congress, 63; powers
and duties of, 75-89 ; election of, 76.
Presumptions: denned, kinds and effect, 789; in favor of carrier as to
loss of baggage, 1033; as evidence of fraud from non-registration,
958 ; of mancomunidad, 332 ; of release, from possession of evidence
of debt, 380; weight of, 792; of just title, 292; of good faith,
292 ; respecting good and bad faith, 250 ; in respect to possession,
249-254; of fraudulent bankruptcy, 708; of legitimacy, 201; of
death, 221; of ^validity of marriage, 197.
Price: must be fixed, 469; lien for purchase price, 490, 726; rules, in
respect to rescission, 476, 479; lesion in respect to, 382, 480; of
public lands, 872; what constitutes, for stamp tax, 1073.
Principal and Surety: joint action against, 396; rules of prescription,
287, 302. See Sureties.
Priority: of registered documents, 959; of purchasers' rights, 477.
I'rision, defined, 1029n.
Prisoners: extortion from, 18-19; entitled to bail, when, 18; illegal
detention of, 19; mistreatment of, 19; guarantied rights of, 20;
extradition of, required, 113.
Private documents: defined, 421, 778; as evidence, 782, 791; certified
copies of, how taken, 783 ; production in evidence, 783 ; index of
must be kept, 948, 951.
Private property, taking for public uses, 27 ; what minerals are, 879.
Privileges, special, prohibited, 13, 28.
Probative force of proofs, 790-793.
Procedure: code of, 751-820; defective, ground for cassation, 797.
Proceeds: of judicial sale, 803; of sale of public lands. 867, XIV.
Pro confesso, no evidence contra, 790.
I'rocurador. See Attorneys; appearance in suit, 757; dc Justicia,
functions, 821 ; who cannot act as, 426.
Production: of documents, ordered, 769; of object before suit, 774;
of books and papers, 576, 783.
Professional services, fees, 429. 434-436.
Professions: exercise of. 3; choice of, 4; regulation of, 4.
Promissory notes: definition and requisites, 685. See Negotiable In-
struments.
Promise of sale, of mining property. 894; stamp tax, p. 740.
Promulgation of laws, when effective, 142: no retroactive effect, 143.
Proofs: general rules, 776-703; account books. 793; kinds recognized
In- law. 776; notice of taking, 770; nullity of. 77U: of facts and
law, 776; of negative. 770; out of timo. void, 776: probative
1028
[References are to Articles, unless page is cited.]
force, 790-793; publication of, 812; taking of ordered, when, 812;
time for taking, 768; taking of, private, 769; testimonial, 792;
who must make, 776; of amount of sales, when required, 1065;
of loss of insured property, 1053. See Evidence.
Property: is inviolable, 27, 232; things subject to ownership, 223; real
property, what is, 224; personal property, what is, 225; use of
terms, 226; public and private property, 227; kinds of public
property, 228; unclaimed and abandoned property, 229-231; sub-
ject to executive embargo, 814; marine salvage, 231; withdrawn
from bankrupt estate, 713. See Grand Register of Property, 859-
863.
Protest (in lieu of oath): established, 130-(4); in judicial proceed-
ings, 761; litigants, must take, 777; of witnesses, 787.
Protest (of negotiable paper) : form and requisites, 677; time and
effects, 678 ; notice of protest, 679 ; payment after protest, 679 ;
failure to protest, effects, 671, 680; upon partial payment, 675;
stamp tax, p. 740.
Protocol: notary must keep, 933; size of sheet, 1093; stamp tax, p.
740, 1086.
Protocolization: of foreign documents, 936, 957; of notarial acts, 937;
notary fees, 947; stamp tax, p. 740, 1087; explanation of process
and costs, pp. 974-980.
Proxies, in corporate meetings, 639.
Public Attorney. See Ministerio Publico.
Public Credit, Department of, 138.
Public Employes, domicile, 150.
Public Fame, as evidence, 776-778.
Public Instruction, Department of, 135.
Public Instruments. See Notarial Acts; what are, 778; authentication
of, 779; are plenary proof, 791.
Public Lands: classification, 848, 867; lands subject to acquisition, 849;
lands exempt from acquisition, 850; leases and contracts, 851;
effects of grant, 852; manner of acquiring, 853-858; land agents,
853 ; denouncements, 853, 865 ; proceedings under denouncements,
854; oppositions, 855; judicial proceedings, 855; special proceed-
ings before Fomento, 856; rebates to possessors, 857; preemption,
857; prescription, 858; grand register of property, 859-863; prior
titles, validity, 864; surveyors. 865; corporations, 866; town
lands and commons. 866; amendment of land laws, 867; suspen-
sion of denouncements and sales. 868 ; contracts of lease, 869 ;
surveys and reservations. S67-TV, 870; provisions continued in
effect. 871: tariff of prices for lands. 872: for colonization pur-
poses. 836. 841; payment for. S54 : preemption, 857; sale prices,
840; settlement and cultivation. 849; terms of sale. 856; bordering
on water. 854: forfeiture. 871: form of tract denounced. 854;
\vlu-n pisosi(in allowed. 805.
INDEX. 1029
[References are to Articles, unless page is cited.}
Public Officials: liability for crimes, 103-107; civil responsibility,
108, 1022; compensation of, 120; cannot hold two offices, 118;
protest or oath of office, 121, 130; cannot act as attorneys, 420.
Public Possession: defined, 290.
Public Property: kinds of, 228; what is, 227; what minerals are, 879.
Public Records, as evidence, 778.
Public Register, 948-952: where and how kept, 948; requisites of
registry, 948; what only may be registered, 948; foreign instru-
ments, 949; instruments which must be registered, 950; form
and manner of making registry, 951; effects of registry and of
filing in Index, 951; cancellation and extinction of inscriptions,
952.
Public Service Companies: bankruptcy, 731-733.
Public Services, required, 5.
Public Utility, mining is, 881; taking private property for, 27; taking
patents for, 971.
Public Waters, 873-878; regulation of, 874.
Public Works, Department of, 137.
Publication: of citations and notices, in suits, 764-765; of issuance
of mining title, 916; of mining denouncement, when made, effects,
912; of mining exploration permits, 923; of mining property being
free, 916; of petitions for reduction of pertcnencias, 918; of
proofs, 812; of report of mining expert, 914; of railroad rates,
1029a; of sale under embargo, 816; of sale under execution, 798;
of mercantile announcements, 569.
Publicity, of patents, 963.
Punishments : excessive, forbidden, 23.
Pulgada: defined, 1111; equivalents, 1126.
Purchase and Sale, Contract of. See Sales; stamp tax on, p. 741.
Purchase Price: lien for, 490, 726; mortgage for unpaid part, 413.
Q
Qualifications: of experts, 785; of testimonial witnesses, 786, 792; of
instrumental witnesses, 934: of witnesses to wills, 534.
Quality of goods to be delivered under contract, 341; under legacy, 518.
Quotations, as infringement of copyright, 1005.
Railroads. Soe Carriers, companies, bankruptcy of, 731-733; civil
responsibility, 1017; connecting lines, duties and liability, 1035;
rates, regulation, 1029a ; payment of stamp tax. p. 741.
Rape, damages for, 1011.
Rates, railroad, regulation. 1029a.
1030 INDEX.
[References are to Articles, unless page is cited.]
Ratification: of contract, form, 310; of void contract, 385; of letter
of attorney, 426 ; of acts in excess of powers, 427.
Ratio dccidcndi, 147, 794.
Reading: notarial acts to parties, 934; void if omitted, 944.
Real property: defined, 224; governed by Mexican laws, 144; form
of contracts concerning, law governing, 145; ineffective unless
registered, 948, 958; where registered, 948; real rights and
actions, when prescribed, 291; acquisition of by foreigners, 30,
832 ; description in notarial acts, 934 ; form and registry
of contract respecting, 472; how delivered, 362; instruments
affecting registration, 950, 955; judicial sale of, 802; naturaliza-
tion by acquisition of, 30, 822 ; register of conveyances, 948 ; right
of corporation and religious orders to hold, 27 ; compensation for
expropriation, 27 ; sales of " more or less," 476.
Rebates: by railroads prohibited, penalty, 1029a; to possessors of
public lands, 857 ; to smelters when, 930a.
Receipts: must be issued, when, 1088; for retail sales, 1066; stamp
tax, p. 741.
Receiver ( interventor) , in bankruptcy, appointment and duties, 735-
73G; under sequestra, 801.
Reciprocal obligations, performance, 342.
Reciprocity: of copyright, 1009; international, concerning execution
of judgments, 800; rights of litigants, 810.
Recognition of legitimacy, 204.
Recompenses, for public services, 12-13.
Records: of civil status, required to be kept, 156; records as evidence,
157, 159; certified copies, to be issued, 159; lost or mutilated, 157;
of non-resident Mexicans, 159; of mining denouncement, contents,
884; judicial, as evidence, 791; public, as evidence, 778; Com-
mercial Register is public, 960; of birth, See Birth Records; of
Death, See Death Records; of Marriage, See Marriage Records.
Recourses, after judgment, what are, 796-797.
Recovery: of payments made by mistake, 365; of property wrongfully
taken, 1010; of property wrongfully transferred, 344.
Rectification, of civil status records, 168; of mining pertenencias, 889,
919, 921.
Recursos, what are, 796.
Recusaci6n, special power required for, 427.
Redemption, of property under rctroventa, 485.
Re-drafts, defined, rules, 684.
Reduction of mining denouncements and pertenencias, 888, 918-921.
Re-exchange, defined, rules, 684.
Refund: of fees by Mining Agent, 930; of stamp tax, 1092.
Refusal : of legacies, 524 ; to acknowledge signature, 774 ; to perform
judgment, 798; to sign contract, effects, 939-940.
INDEX. 1031
[References are to Articles, unless page is cited.]
Registers: the Public Register, 948-952; as evidence, 778; must con-
tain what, 951; of brokers, 581; probative effects of, 582; of
civil status: See Civil Status; of mining denouncements, to be
kept, 909; of explorations, !)0!) ; of stock, corporation must keep,
632; of valuables, by innkeepers, 1018; parochial, as evidence, 791.
See Commercial Register.
Register, Grand. See Grand Register of Property, 859-803.
Registration : what must be registered, 950, 954 ; manner of making,
951; correcting record, 9(51; effects of, 951, 959; effects of failure
to register, 948, 958; in Grand Register of Property, 800-861;
may be required by whom, 958; of foreign instruments, when
required, 949; of property, tax on, 803; priorities, 959; requisites
of, 948; when effective, 959; double registry, 955; how made in
Commercial Register, 1)57 ; of corporation in Commercial Register,
612; 953-954; 'of contracts of purchase and sale, 472; of foreign
companies, 950-957; of marriage settlements, 418; of mining
contracts, 894; of mortgages, duties of registrar, 417; of mortgage,
when and where registered, 415; of mortgages, requisites of reg-
istry, 416-417; of trademarks, 990; costs of, by whom paid. 409:
stamp tax, p. 742. See Public Register; Commercial Register:
Mortgages.
Regulation, of railroad rates, 1029a.
Regulatory fund, for circulation, 1120.
Rehabilitation of bankrupt, 720.
Re-incidence, in violation of stamp law, 1108.
Re-insurance, liability, 1054.
Relationship: lines and degrees of, 169; computation of impediment
to marriage, 171; disqualifies experts, 785; judges, 772; notaries.
932; witnesses, 780.
Release: of debtor, rules, 380; of joint debtor, effects. 3:55; of surety,
380, 396, 400; stamp tax, p. 742.
Religion: regulation of worship, 123.
Religious orders: proscribed, 5; right to hold real estate. 27.
Remainder, creation of by will, forbidden, 527.
Remission, of indebtedness, stamp tax, p. 742.
Renewal of debt, effect on commercial prescription, 305.
Renouncements: in notarial acts, 934; of allegiance and protection,
826: of damages for breach of warranty, 356; of ordcn, cxomion
and division, 395-396; of responsibility for fraud. 347; of rights,
to prejudice of creditors, 380; of laws, 143; of inheritances, 554:
of rights and actions, 755. See Waivers.
Rent: obligation of payment. 492-493; effect of fire or destruction of
leased premises. 494: when prescribed. 296.
Repairs: by usufructuary, 260: duty of lessor to make, 492, 494:
lien for, 726.
Reparation of injury, defined. 1010.
1032 INDEX.
[References are to Articles, unless page is cited.]
Repeal of law, how effected, 143.
Report of mining expert, 914; for easements, 922; proceedings, 915;
publication, 914.
Representation, in inheritance, 545.
Reproduction: of copyright matter, 1000; of works, when not in-
fringement, 1005.
Reputation, general, as evidence, 788.
Res adjudicata, what is, effects of, 795.
Resale: sale with right of, 484-485; of property at judicial sale, 803;
stamp tax, p. 743.
Rescission of contracts: general rules, 381-382; for breach of warranty,
358; in fraud of creditors, 388-391; for lesion, 480; of mining
contract for lesion, 894; of purchase and sale, 476; of sale, for
non-performance, 489; of compromises, 503; rights of third per-
sons, 324; of insurance contracts, when, 1051, 1054; of lease, when,
498; of partition of estate, 502; stamp tax, p. 743.
Reservation: of copyright, 1007; of public lands, 852, 870.
Reserve Fund of corporation, 040.
Residence: right of in Mexico, 11; defined, 449. See Domicile.
Respondcat superior, 1015-1017.
Restitution: denned, 1010; actions for against party in possession,
1025.
Restraints: of trade, forbidden, 28; on alienation in will, 527.
Retail sale, defined, 1004; stamp tax, p. 72G; application of stamp tax,
1004-1009.
Retroactive Laws, forbidden, 14, 143.
Retroventa, defined, incidents, 484-485; stamp tax, p. 743.
Returns of sales, for stamp tax, required, 1004; action upon, 1005-
1060; correction of, 1007.
Revocation: of judgment, when available, 790; of notarial acts, 941;
of power of attorney, 428; of wills, 531; of consent to marriage,
171.
Invalidation: of uncurrent stamps, 1100; of unstamped documents,
1059, N, 1097-1099; of foreign documents, 1090; of water con-
cessions, 877.
Revival of mortgages, when, 420.
Right of action: kinds and definitions, 751; joinder of, 752; duration
and extinction, 752-753.
Rights : of man, 1 ; of accused, 20 ; of petition, 8, 35 ; of assembly, 9,
35; residence and travel, free, 11; violence in asserting, 17.
Risks: of loss of object of contract, 340; covered by fire insurance,
1051 ; covered by lift- insurance, 1056.
Riparian accretion, 244.
Rules of decision, 147, 820.
Rural partnership, 004-005.
INDEX. 1033
[References are to Articles, unless page is cited.]
S
Safety, of mines, police regulations, 900.
Salary: preference in payment, 721, 727, 732; of employes, prescribed,
295, 306.
Sales: 469-490; contracts, incidents, 469; subject-matter, of contract,
470; who may buy and sell, 471; form of contract, 472; registry
of contract, 472; judicial sale, 473; Derccho del Tanto, 474; de-
livery, 475; rescission, 476; priority of purchasers, 477; warranty
of defects, 478-479, 489; sale of animals, 479; rescission for lesion,
480; warranty of title in possession, 481; obligations of purchaser,
482; payment, 482-483; interest, 483; sales with right of recon-
veyance, 484-485 ; definition, incidents, 484 ; joint interests, 485 ;
redemption, 485 ; exchanges, 486-487 ; incidents of cxcbange, 486 ;
sales by sample, 487 ; inspection of goods, 488 ; rescission for lesion,
489; delivery of goods, 490; See Judicial Sales; by number, weight
or measure, 476; when complete, 469; commercial, when complete.
490; priority of purchasers, 477; bad faith in, damages, 357-358:
by auction, waived, 798 ; acquisition of mining property by foreign-
ers, 901; special power required for, 427; under embargo, 816; by
traveling salesmen, 1073; of public lands, suspension of, 868; of
public lands, tariff of prices, 872; books, must be kept and
stamped, 1072; stamp tax, p. 743; when stamped receipt must be
issued, 1088; retail, application, of stamp tax on, 1064-1069; re-
tail, occasional, stamp tax. 1069; retail, when exempt from stamp
tax, 1068; stamp tax paid by whom, 1073; upon orders and by
traveling salesmen, application of stamp tax. 1023; what so con-
sidered, for stamp tax, 1073; bills of sale, stamp tax, p. 720;
wholesale, denned, invoices and notes, required, 1071.
Salvage: in cases of fire insurance, 1043; marine, 231.
Sample, sales made by, 487; right of inspection, 488.
Saneamicnto : definition, 354-355; waiver, 356; measure of damages,
357-358; incidents, 475, 478481.
Satisfaction of employer, work to be done to, 437.
Scale, of mining plans, 913.
Schedule: of creditors, in bankruptcy, 749; of import duties, p. 808.
Seals: of Notary, required, 931; must be allixed to acts, 934; must be
recorded. 94(i ; of freight cars to be inspected, 1032.
Search, freedom from, 16.
Secret heirs and legacies. 528.
Sections, of debts of bankrupt, 721.
Second instance, is final. 24, 79C.
Second mortgages, rules. 407.
Secretaries. See Departments of State; succession to Presidency, 81;
of court, filing pleadings, duty. 761.
1034 INDEX.
[References are to Articles, unless page is cited.]
Securities, corporate; stamp tax, 1085. See Corporate Bond Law.
Seduction, damages for, 1011.
Senate: composition of, 58; privileges of, 59-61; may initiate legisla-
tion, 65, 70; except revenue and military, 70; exclusive powers of,
72B; as jury of sentence, 105.
Sentencia, defined, 762. .
Separation, of conjugal property, 191-192.
Sequestra, judicial, general rules, 801; precautionary, 775; as form of
bailment, 443.
Servants: domicile of, 150; domestic, 431-432; responsibility for acts
under orders, 1025.
Service, of notices, etc., on attorney, 760; when and how made, 763;
on lawyer, 765 ; of summons, in ordinary suits, 807 ; by publica-
tion, 764-765; personal, in foreign country, 765.
Services : prescription of action for, 295, 306 ; and labor, general rules,
431-438.
Servitudes. See Easements.
Set-off, assigned debts, 370; general rules, 367-370; pleading and prac-
tice, 811; applies to civil responsibility, 1027; when available,
effect, 367; when not available, 368-369; as applicable to legacies,
521.
Settlement of estates, 559-562.
Shafts, in mining properties, 891.
Shares of stock, 631-633: kinds and requisites, 631; stock register,
transfers, 632 ; rights of corporations in respect to, 633 ; directors
and comisarios must deposit shares, 634-635. See Stock.
Sheds, duty of railroad to provide, 1030.
Sheet of paper, for contracts and documents, size and requisites, 935,
941, 1093; stamp tax per, 1061, 1093.
Shipping directions, change of, 1038.
Ships, must be registered, 953; births aboard, 162; deaths aboard, 107.
Signatures, to foreign documents, legalization, 936; how legalized, on
documents, 779-780; of notarial acts, requirements. 938-940; of
notarial acts, compelling, 940; refusal to execute conveyance, 802;
acknowledgment of, when required, 774; time allowed for, 768;
manner of acknowledging, 782; acknowledged documents are ex-
ecutive, 813; special power required for, 778; refusal to acknowledge
signature, 774; to notarial act, void if omitted, 944.
Signs, acceptance of contract by, 311; on mining monuments, required,
914; report on, 914-915.
Silver: exempt from tax, when, 930B; tax on, 930A; tax value of. 930A;
legal ratio for coinage, 1116.
Simulated contracts, definition, 388.
Sindics, in bankruptcy, appointment and duties, 735736.
iS'i<io dc Gunado Mai/or and Mcnor. defined, 1112-1113: equivalents, 1122.
Situs, of suits against foreigners, 148.
INDEX. 1035
[References are to Articles, unless page is cited.]
Skill, want of, as negligence, 429, 1027 ; element of responsibility, 1028.
Slander, action for, 1011; prescribed, 295.
Slavery, forbidden, 2.
Smelter: rebate on tax, 930A; tax franchises, 930C; payment of stamp
tax, 1073.
Kociedad Anonima, 617-G44. See Corporations.
Solemnities, of contracts, by what law governed, 145 ; external form of,
318.
Soldiers, quartering, etc., 26.
Solvency, warranty of, under assignment, 379.
Sovereignty: resides in people, 39; of federation, 40; how exercised, 41.
Special laws, tribunals and privileges, forbidden, 13.
Special powers or clauses: when required, 421, 427; for notarial act,
935; to acknowledge private document, 778; to answer interroga-
tories, 777; to execute mortgage, 411; to denounce mines, 884; to
pledge, 402; for compromises, 501.
Special kinds of stamp taxes, 1103.
Specific performance of contract, when, 336.
Speech : freedom of, 6-7 ; of members of congress, 59 ; subject to copy-
right, when, 995.
Spendthrift trusts, 460.
Splitting demand, effect on prescription, 302; when extinguishes action,
752.
Springs, affected by easements, 268; by mining works, rules, 881.
Spurious children, acknowledgment of, 163.
Stamps: on legal papers, 761; on mining documents, failure to provide,
885; several contracts in one document, 1092; legalization of docu-
ment in absence of stamps, 1098; notary must cause documents to
be properly stamped, 1077.
Stamp Tax Law, 1059-1108. See the Alphabetical Schedule or Stamp
Tariff, for the rates on specific acts or contracts, Art. 1061, pp.
716-744. General Provisions, 1059-1060: ^'hat subject to Stamp
Tax, 1059; Issuance of Stamps, kinds, 1060. Stamp Tariff: Al-
phabetical Schedule of Hates, three bases of taxation, 1061. Special
Rules for application of some Taxes, 1 002- 1089. See Index of these
rules, pp. 744-745. General rules, in regard to the com-
mon stamp tax, 1090-1092; foreign documents, invalidation,
1090; who must pay tax, 1091; methods of determining values,
1092. Use and Cancellation of Stamps, 1093-1096: tax per sheet,
size of paper, 1093; coupon and common stamps, 1094: cancellation
of stamps, how and by whom. 109.1; neglect to cancel, defective
cancellation, 1096. Invalidation of Unstamped Documents, 1097-
1099: when invalidated, double and triple rates, 1097: how re-
validated, 109S; effects of failure to stamp and of revalidation,
1099. Federal Contribution. 1100-1102: what subject to. rate, 1 100;
exempt from federal contribution. 1101: payment of federal con-
1036 INDEX.
[References are to Articles, unless page is cited.]
tribution, 1102. Special Taxes and Dues payable in Stamps, 1103.
Violations, Frauds and Punishments, 1104-1108: classification,
simple infractions, 1104; same, sections I and II, 1105; uncurrent
stamps, revalidation, 1106; infractions with criminal liability,
1107; repeated offences, prescription, 1108.
Stamp Tariff: Three Bases of Kates, 1. per sheet; 2. ad valorem; 3.
fixed or specific, 1001.
Standard, gold, adopted, 1115; of weights and measures, 1109-1110.
Stare decisis, rule, when applied, 820.
Statement of retail sales required, 10G4 ; requisites of, 1065.
State of bankruptcy, when presumed, 704 ; when declared, 704-705.
States: are free and sovereign, 40; compose Federation, 40; sphere of
powers, 41 ; constitutions must not contravene Federal Constitution,
41; names and boundaries, 43-49; Government and Powers, 109-
11G; form of government, 109; boundary agreements, 110; powers
prohibited to, 111; powers prohibited to without consent of Con-
gress, 112; extradition of criminals, 113; full faith and credit to
public acts, 115; protection against insurrection, 11G; reserved
powers of, 117; civil responsibility for damages, 1017.
Stock: corporate, is personalty, 225; corporate, registration, 954; in-
crease of, formalities, 638; shares, form and requisites, 631; reg-
ister, G32 ; transfers, 632 ; rights of corporation in respect to, 633 ;
certificates, stamp tax, p. 743. See Shares of Stock.
Stockholders' Meetings, 636-639: when held, 636: powers of, 636; how
called and constituteTl, 637; voting, number required, 638; minutes,
639; proxies, 639.
Stock-raising partnerships, 664-GG5.
Strays, disposition of, 229.
Stolen property, actions to recover, 1025.
Storage charges on baggage, 1039.
Submission to jurisdiction, 770-771.
Sub-division, of registered property, 862 ; of mortgaged property, 408.
Subrogation: general rules, 371-372; among insurers, 1042; between
principal and surety, 398; how made, 941; of insurer to recoup
losses, 1055, 1058; stamp tax, p. 743.
Subleases: general rules, 495; stamp tax. p. 733, 1062a.
Substitution : of heirs, 526-527; of powers of attorney, rules, 423; of
attorney, how made, 941.
Substitute, Deputies and Senators, election, 5-1-5SA ; cannot hold
other office, 57-58.
Succession, when takes effect, 553.
Successions, 504-562; Succession by Will, 504-542; Definitions and gen-
eral rules, 504: inheritance by will, 505; construction of will. 506;
Conditions which wills may contain, 507-508; valid and invalid
conditions. 5()7 : performance of conditions, 508; Capacity to make
will and to inherit, 509-513; capacity to make will, 509: capacity
INDEX. 1037
[References are to Articles, unless page is cited.]
to inherit, 510-511; charitable and religious bequests, 512; effects
of incapacity, actions, 513; Property subject to disposition by Will,
514-515; rights of disposition, and exceptions, 514; right to sup-
port, 515; Designation of heirs, rules of inheritance, 516; Legacies,
517-525: Rules and incidents, 517; validity and effect of legacies,
518-519; legacies subject to encumbrance, 520; legacies of debts,
521; some particular legacies, 522; alternative bequests, election,
523 ; acceptance or refusal of legacies, 524 ; payment of legacies,
525; Substitution of heirs, 526-527; definitions and rules, 526;
trusts and trustees, 527; Nullity and Revocation of Wills: 528-
531; secret heirs and legacies, 528; duress or fraud, 529; void
wills and provisions, 530; revocation, effects, 531; The Form of
Wills, 532-542: kinds of wills, definitions, 532; paper, stamps.
533; witnesses, identification, 534; notice of death, 535; open
public wills, 536*; closed public wills, 537; opening of wills, 538;
private wills, 539; military wills, 540; maritime wills, 541; for-
eign Avills, 542; Intestate Succession, 543-550: when necessary,
543 ; order of inheritance, 544 ; the right of representation, 545 ;
succession of descendants, 546; succession of ascendants, 547; col-
lateral succession, 548; surviving husband or wife, 549; succession
of Public Treasury, 550; Provisions common to testamentary and
intestate succession, 551-554: pregnancy of widow, 551; right of
accretion, 552; effects of succession, 553; acceptance and refusal
of inheritance, 554; Executors or Administrators of Wills, 555-
558: who may be, how chosen, 555; duties of executors, 556, 557;
inventory, 557, 558; interventors, 558; Final Settlement of Estate,
559-562: inventory, 559; payment of debts, 559; distribution,
partition, 5GO; effects of partition, 561; rescission of partition,
562.
Suicide, cannot be insured against, 1056 j effect on insurance policy,
1046.
Suits: beginning, as affecting prescription, 301-302; as affecting com-
mercial proscription, 305; to correct civil status records, 168;
suits, mining, jurisdiction of, 898; liability to and place of, 148.
See Actions.
Summons : effect of, 807 ; service on attorney, 760 ; when issued and
served, 807; publication of, 764-765; sending to foreign country,
764; judicial, stamp tax, p. 735.
Superior Tribunal, proceedings, 790.
Support. See Alimentos.
Supreme Court of Justice: how composed, 91; election of members,
92; qualifications of members, 93; oath of ofiice, 94; resignation
of members, 95; jurisdiction of, 9S-100; jurisprudence of. 820.
Sureties: contribution between, 396-397, 399; extent of liability. 397;
interruption of prescription. 302; on judicial bonds. 401; i|iialiii-
cations of. :>':)-!: rights of subrogation. 398; effort uf failure to
1038 INDEX.
[References are to Articles, unless page is cited.]
furnish, 394; defenses available to, 395; discharge of, 400; how-
affected by prescription, 287 ; right to setoff, rules, 369 ; when
released by release of principal, 380; bonds, stamp tax, p. 720.
Suretyship, general rules, 392-401; defined, 392; rights of surety, 395;
when liability accrues, 393.
Surface water, 208.
Surplusage, in civil status records, forbidden, 158; disregarded, 159;
penalty for inserting, 158.
Surveys: of public lands, 867-IV; of all public lands ordered, 865, 870;
of mining pcrtencncias, 880, 913; resistance to, 865; of public
lands for colonization, 836-841.
Survival of actions, for damages, 1011.
Suspension: of good faith, 251; of payments, act of bankruptcy, 704-
705, 714, 731; of prescription, as to minors and idiots, 299; as
to other disabilities, 300; of denouncement and sale of public
lands, 868; of conjugal partnership, 188; of execution, 796; of
mining works by Fomento, 900.
Suspensive: appeal, defined, 396; conditions in contracts, 320.
Suspending payments, act of bankruptcy, 704-705, 714, 731.
T
Table of life expectancy, 1013.
Tacking possessions, for prescription, 289.
Tantco. See Dcrecho del Tanto.
Tariff: of customs duties, p. 808; See Special Index, p. 1043; of min-
ing agents' fees, 926-930; of notarial fees, 947; of prices of public
lands, 872; of stamp tax, 1061, pp. 716-744.
Taxation: of imports and exports, 124; prohibited to States, 111.
Taxes: Federal, 1100-1102; mining, 930a-930e; payment of, 902; an-
nual, on mines, 930d; penalties for failure to pay, 930e; on
precious metals, 930a; special stamp taxes, 1103. See Stamp Tax
Law.
Telegrams, contracts made by, 588 ; stamp tax, p. 743.
Telegraph Companies, liability of, 1020.
Temporary associations for profit sharing, 610, 612, 654.
Tender: of payment, rules, 366; legal tender of money, 1118.
Terccrias, rules, 805.
Tcrcio, defined, 930d; mining tax per, 930d.
Terms, judicial, how computed, 766 ; for pi'escription. See Prescription.
Territories: names and boundaries, 43.
Testimonio: defined, 778. See Certified Copies.
Testimony: by party, effect, 790; how taken, 787.
Theft of ores, penalty, 897.
Third claimants, under judgment, 799; in case of lost instruments,
69 1-694.
Tickets, railroads, rebates, 1029a.
INDEX. 1039
[References are to Articles, unless page is cited.]
Timber lands, public exploitation of, 851, 869.
Time: for prescription, computation of, 304; for performance of com-
mercial contracts, 590; computation of, 591; and manner, of con-
testing legitimacy, 202; computation of, under mining law, 903;
for exercising certain judicial acts, 700-768; for judicial acts,
how computed, 766 ; in contracts, computation, 325.
Title papers: delivery of, on sale, 475; requiring exhibition of, in suit,
744.
Titles and diplomas, stamp tax on, p. 744.
Titles: of public lands, validity of, 864; of property, when passes,
341; professional, 3; of nobility, 12; what may be accepted, 37.
Titulo. See Mining Titles.
Token money, prohibited, 1119.
Torts: civil responsibility for. See Damages; judgment for, not sub-
ject to set-off, 368.
Town lands, distribution of, 866.
Trade, restraint of, forbidden, 28.
Trademarks, Names and Advertisements, 981-993c. Industrial and
Commercial Trademarks, 981-985: defined, what may be regis-
tered, 981; who may obtain, how registered, 982; issuance
of trademarks, effects, 983; assignment, effects, 984; nullity,
actions, 985. Trade Names and Advertisements, 986-988:
trade names, incidents, 986 ; commercial advertisements, 987 ;
revenue taxes, 988. Regulations of Trademark Law, 989-993;
applications, requisites, 989; registry, certificates, 990; transfer,
renewals, 991 ; advertisements, registry, 992 ; sundry provisions,
993. Regulations for International Trademarks, 993a-993c; re-
quirements for registration, 993a ; registry, notices, publications,
993b; changes, nullity, 993c.
Transfer : of property, special power required for, 427 ; of business,
application of stamp tax, 1069, 1073; of business, announcements,
569; of encumbered property, application of stamp tax. 1073; of
personal property, application of stamp tax, 1073.
Transient plaintiff, arraigo, 810.
Translator as author, 1009.
Translations: copyright, 999; of foreign documents, in evidence, 930:
of foreign documents, for protocol ization, 936.
Transmission, of actions for damages, 1023; of power, mining ease-
ment of, 891.
Transportation: duty of carrier, 1030; insurance of, 1049, 1058; con-
tracts for, prescription, 306.
Traslcidu, dar or corrcr, meaning, 761.
Travel and residence in Mexico, right of, 11.
Traveling salesmen: general rules, 002; sales by, application of etanip
tax. 1073.
Treasure Trove, rules regarding, 238.
1040 INDEX.
[References are to Articles, unless page is cited.]
Treaties, for extradition, 15; power to make, 72b.
Trees, restrictions on planting, 276; concessions to colonists for plant-
ing, 838.
Trials: in criminal cases, 20; number of instances, 24; no second trial,
241 ; to be public, 7G9.
Tribunals, special, forbidden, 13.
Trustees, in bankruptcy. See Sindics; See Corporate Bond Law.
Trusts and Trustees, under wills, 527.
Tunnels, in mining properties, 891.
U
Undue influence, effect on contracts, 314; on wills, 510-511.
Unilateral contract, defined, 307.
Use and occupancy, rules, 2G4-2G5.
User of patent, rules, 967-968.
Unknown parties, summons to, 764. See Absentees and Unknown
Persons.
Units: of weights and measures, 1109-1114; of coinage, 1116.
Universal partnerships, defined, incidents, 658.
Unstamped documents: revalidation, 1097-1099; as evidence, 1099.
Usufruct: definitions, 255; how created, 255; legal incidents of, 256;
rights of usufructuary, 257 ; exercise of rights, 258 ; obligations of,
259; losses and repairs, 260; taxes and charges, 261; extinction
of usufructs, 262 ; impediments to use, 263 ; mortgage of, 407 ; of
public lands, when, 871.
Validation of unstamped documents: general rules, 1097-1099. See
note to Art. 1059; of foreign documents, 1090. See Revalidation.
Validity of contracts: four requisites, 309; cannot be left to discretion
of party, 308; of notarial acts, 935, 944.
Valuables, register of by innkeeper, 1018.
Values: actual and estimative, as damages, 1012; of contract, how
estimated, 318; rules for assessing, 349; how determined for
stamp tax, 1062a, 1088, 1092.
Vara, defined, 1111; equivalents, 1126.
Vendor of real estate, may require mortgage for unpaid purchase
price, 413; obligations of delivery and warranty, 475-477.
Ventilation, mining easement of, 891.
Veto power, 71.
Viee-President : liability for crimes, 103-107; civil liability, 108; term
of office, 78 ; election of, 79 ; is president of senate. 79 ; succession
to presidency. 80; failure to qualify, 81; resignation, 82; oath
of ollice, 83; absence from country, 84.
INDEX. 1041
[References are to Articles, unless page is cited.}
View, easement of, 277.
Vigilance Committee, of partnership, 646.
Violation of rights, amparo, 817; of stamp law, penalties, 1104-1108.
Violence, as affecting possession, 290; acts of, covered by insurance
1046.
Visitation of business for inspection under stamp law, 1066-1067, 1072;
of mines, 900.
Vistas. See Trials.
Void acts: by minors and persons under disability, 213.
Void contracts: made without authority, 310; for mistake or fraud,
or bad faith, 312; for duress or threats, 314; for impossibility,
315; ratification, 385.
Void notarial acts, when, 944.
Void patents, 972.
Void wiHs, and provisions, 530.
Voluntary easements, 279-282.
Voluntary mortgages, incidents, 411.
Voluntary transfers, rescindable by creditors, 381.
Volunteer attorneys: when allowed, in suit, 758.
Volunteer services, rules, 430.
Voting in corporate meetings, 638; in creditors' meetings, 741.
Wages: how far exempt, 815; of domestic servants, 431-432; of day
laborers, 433; preference of payment, in bankruptcy, 721, 732;
prescription of, 295, 306.
Waivers. See Renouncements; of disqualification of judge, 770, 772;
in contracts, requisites of, 216; of exemptions, 815; of fraud or
duress, 314; of broach of warranty, 359; of rights and actions,
380, 755; of right to alimentos, 178, 515; of laws, 143, 934; of right
of prescription, 286; of right to make will, 520: of legal requisites
by foreign corporation, 653.
War. Department of, 139: power to declare, 72, fr. XIV. XV; 85,
fr. VIII.
Warehouses, general, 605-608; defined, 605; warehouse certificates, 605;
assignment of certificates, effects, 606 ; non-payment, sale, 607 ;
division of certificates, 608; loss of, 608.
Warrants required, 16, 19.
Warranty: of assigned rights, 379; of title and possession, 354-359,
481: of quality and title of property sold, 475, 489; of latent de-
tects. 478; caveat cmptor, 478-479; in sale of animals. 479; rescis-
sion of contract for lesion, 480; not subject of damages, when. 359.
Waste: in usufructs, 258. 263; limit of, in railroad transportation, 1032.
Waters: easements of, 268-270; surface and collected waters. 268;
public and navigable waters, 269, 873-874; conduction of water,
66
1042 INDEX.
[References arc to Articles, unless page is cited.]
270; non-navigable, acquisition of, 850; defensive works against,
268; springs, wells and dams, 268; prescription of, 268; decreasing
another's flow, 268; right of passage, 269; in mine workings, rules,
881; public, riparian owners, 874; public, regulation of, 874.
Water Concessions: for water rights, conditions, 875; franchises and
exemptions, 876; revalidation of, 877; from the States, 878; free
importation of machinery, 876.
Water Measures: defined, old system, 1114; tables, 1124-1125, 1131.
%'ater Rights: concessions, 875-878; conditions, 875; franchises and
exemptions, 876; State concessions, 877-878.
Weights and Measures: metric system adopted, 1109; tables of, 1122-
1135; old Mexican land measures, 1122-1123; measures of water,
1124-1125; old land and water measures defined, 1111-1114.
Weight of evidence, rules, 790-793.
Weighing freight, costs, 1037.
Wholesale Sales, defined, application of stamp tax, 1070-1071.
Widow: cannot inherit when, 510; share of inheritance, 549; pregnancy
of, precautions, 551.
Wife. See Husband and Wife; Married Woman.
Wills: capacity to make, 509; right to make, 514, 515; executed in
foreign countries, law governing. 145; notary fees for making,
947; recorded in Archive General, !)43; registration of, 950; kinds
of wills, definitions, 532 ; paper, stamps, 533 ; witnesses, identifica-
tion, 534; notice of death, 535; open public wills, 530; closed
public wills, 537; opening of will, 538; private wills, 539; military
wills, 540; maritime wills, 541; foreign wills, 542; form and
manner of making, 532-542; lost, how established, 506; production
of required, 774. See Successions.
Withdrawal: of milling denouncement, 885; of suit or defense, special
power, 427.
Witnesses: experts, 785; how examined, number called, 787; non-resi-
dent, 787; number required for proof, 792; parties as, 774, 777,
786; protest to speak truth, 787; testimonial qualifications, 786,
792; to civil status records; qualifications, 158; must sign record,
158; to birth records, 160; must not inquire into births, 101; to
birth on shipboard, 162; to will, qualifications, 534; to notarial
acts, qualifications, 934; necessity for, 934; who must and who
cannot testify, 786.
Work and labor, general rules, 431-438; claims for, preference of
payment, 721, 732.
Zones': in which foreigners cannot acquire mining rights. 901 ; of min-
ing explorations, 899; maritime and riparian, reserved in public
lands. 850.
INDEX OF THE PRINCIPAL ARTICLES
ENUMERATED IN THE TARIFF.
Tariff Xo.
Acetates 510
Acids 517-322
Agate, manufactures of 28(5
Agricultural implements .2:52,012
Alabaster, and manufactures
of .: '...272,282,283
Albumen 44
Alcohol 52.1, 520
Alizarine 515
Alloys 218,222
Almonds 92
Aluminium 2GO
Amber, manufactures of .... 107
Ammonia 528
Animals :
Live 1-3
Prepared for collections . 7
Animal products 4-58
Aniseed . . . 91
Anthracene ' 515
Antimony 201
Apparatus:
Fire-extinguishing 000
Manifolding 007
Arms and explosives ....037-045
Arsenic, metallic 2G1
Articles of gold, silver, &c. 182-194
Asbestos 264
Asphalt 278
Balsams 134
Barks, medicinal 117, 118
Barrels 157,233
Baskets, travelling GOO
Beer 572, 573
Bellows, hand GS2
Belting, machinery GO. 01. 054
10-
TaritY No.
Berries, medicinal 105, 100
Beverages 509-580
Billiard tables 099
Biscuits ". . . 1-21)
Bitters 574
Blacking 530
Blankets 35 1, 352, 405, 40(5
Blasting powder 042
Bolts 257
Bone, and manufactures of.. 15, 79
Books 000-002, G98
Boots and shoes, and parts
of 09-75, 087
Bottles 303, 304, 3 12.313
Brass, and manufactures of. . 195,
197, 19S. 199-210
Bricks 291
Bristles 1 1
Bron/.c. and manufactures of. 195.
197. 198, 199-210
Brooms 171
Brushes 171
Butter 38
Buttons 050, 057
Cables. 108. 174. 207, 208 and
Cadmium
Calcium carbide
Candles 82, S3,
Cane
Cantharides
Caoutchouc, and manufactures
of 054. 001. (587. OSS.
Caps
Caps, miners'
( 'aps, percussion
Carawav seed .
234
201
089
(558
710
040
01
lOi-i
INDEX.
Tariff No.
Carbonates and bicarbonates .
268, 270, 531, 534
Cardboard and manufactures
of 587-589,694
Cards, playing 603
Carpets and rugs 342,
392-394, 433-436
Carriages 627-632
Cartridges 640
Cases, work, &c 700
Cases:
Chemical 533
Packing 158
Casks 157
Castoreum 33
Cement 268
Chains, iron 256
Chalk 290
Charcoal 45, 142
Charts and maps 598
Cheese 40
Chemical and pharmaceutical
products 515-508
Chests, medicine 532
Chloral 537
Chlorates 538
Chlorides 540,541
Chloroform 539
Chocolate 127
Cider 572, 573
Cigarettes 179
Cigars ISO
Cinnamon 96
Clay 265
Clocks 616.617
Clothing ..347-350, 368, 369, 400-
404, 419-420, 440-443, 459,
460, 475, 512
Cloves 97
Coal 269
Coal tar 278
Cocoa 91
Cod-liver oil 56. 57
Coffee 95, 126
Coin . ..191,192
Tariff No.
Coke 279
Collections, numismatical, geo-
logical, &c 669, 670
Collodion 542
Colophony 141
Colours 534, 544
Copper, and manufactures
of 195-216
Coral 48,80
Cordage 168, 173, 174
Cords 325, 326, 372, 373,
423-426, 464, 499, 500
Cork 111-113
Corn 103
Corsets 353, 402, 441, 501
Cotton, and manufactures of.
84-87, 325-371
Cotton, antiseptic 527
(.'ream of tartar 545
Crcolino 546
Crucibles 187
Cultures, bacteriological 58
Curtains ...351, 352, 405, 406, 444
Cushions 665-6(58
Cyanides, alkaline 536
Demijohns 305
Designs for artistic purposes. 676
Diamonds 188
Dress patterns 354,
355, 403, 404, 442, 443, 502
Drugs, &c., medicinal ....547,548
Dusters, feather * 682
Dynamite 642
Dyewoods, and extracts of. 149, 550
Earthenware, manufactures of 2S4
Egg* 3.->
Elastics 366.
367, 417, 418, 457, 458, 510. 511
Emeralds 188
Emery, and emery on tissue of
paper 264,293
Erasers, India rubber 684
Ether of all kinds . , .549
INDEX.
1045
Eyeglasses
Tariff No.
. 314
Faience 315
Fans 76-78,646
Fata, animal 14
Feathers 29, 30, 680
Felts 446-448
Firearms 638,639
Fire-clay 265
Fish 5, 6
Flax, hemp, and similar vege-
table fibres, and manufac
tures of 88, 90, 372-422
Flour 130
Flowers :
Artificial, and articles
for 653, 679, 680
Medicinal 117, 118
Natural 108
Fodder 115
Frames, umbrella, &c 648, 678
Fruits and cereals 91-108
Fur, beaver 23
Furs, prepared <i6, 67
Furniture 159-163
Galloons 189, 190, 211. 212,
356, 357, 407, 408. 445, 449
Game bags 705
Garters and braces ..358,409,453
Gauze, metallic 211,212
Gelatine 53
Girdles 664
Glass and crystal, and manu-
factures of 302-324
Glasses, spectacle and watch. . 324
Gloves 63-65, 450. 451
Glue 47
Glycerine 52
Gold loaf, for gilding 193
Grains, alimentary 104
" Grenetina " 53
Guano 54
Gums 134. 144
Gunpowder 645
Tariff Xo.
Gutta-percha and celluloid, ar-
ticles of 652
Gypsum 264, 285
Hair, and manufactures of. .21,22,
24, 81, 114
Handkerchiefs 331, 332, 410
Hats 706-710
Hemp, and manufactures of.. 88,
90, 372-422
Herbs, medicinal 117, 118
Hides 28
Honey 39
Hops 116
Horn, and manufactures of. . 12, 79
Hose, rubber 661
Hosiery ..345, 34(1, 397, 398, 437
Hyposulphite of soda 553
Ice 686
Ink, writing 567
Instruments :
Musical 691
Scientific 609
Insulators 302
Iron, and manufactures of. 227-259
Ivory, and manufactures of.. 19,
80, 649
Jet, and manufactures of. .266,286
Jewellery 183-186, 213, 214
Lace, and articles of 330,
379, 407, 408, 428, 477
Lamps, miners' 695
Lard 37
Lava, and manufactures of.264, 284
Lead 218, 219, 220, 222-224
Leather, articles of 59-75
Leaves, medicinal 117, 118
Lime 268
Linings, hat 681
Liqueur?- 575
1046
INDEX.
Tariff No.
Machinery and apparatus . 606-622
Magnesium ................. 261
Maize ..................... 103
Malt ....................... 96A
Manganese, peroxide of ...... 270
Maps and charts ........... 598
Marble, and manufactures of. 272,
282, 283, 295, 296
Masks ..................... 662
Matches ................... 552
Matches, slow and quick, for
mines ................... 644
Mats ...................... 172
Matter, vaccinal ............ 58
Mattresses .............. 605-668
Meal, potato ............... 128
Meat ...................... 4, 5
Meerschaum, manufactures of. 286
Mercury ................... 262
Metals .................. 181-263
Milk ...................... 36
Millstones .................. 298
Mirrors ................. 306-31 1
Models or patterns for ar-
tistical purposes ......... 676
Moulds for artistical purposes 676
Mosaics ................... 297
Moss ...................... 108
Mother-of-pearl, and manufac-
tures of ............ 20. 80, 649
Movements, clock and watch . .
613-615
Mucilage .................. 684
Muak ...................... 31
Nickel ..................... 261
Nitrates ................... 559
Nuts, iron ................. 257
Oats ...................... 94
Oils ...... 41-43, 56, 57, 123, 124,
133, 136-140, 276, 277, 515. 647
Oilcloth ................. 704. 711
Opium ..................... 135
Ores . . .181. 196. 219. 227
Tariff No.
Paint boxes 659
Paintings 599
Paper, and manufactures of..
581-605
Pastes, alimentary 132
Pearls 25
Pencil-holders 696
Pencils 292
Penholders 696
Pepper 91
Perfumery 702
Phormium tenax 90
Phosphorus 551
Pictures 599
Pillows 605-668
Pipes 235-237
Pita 90
Plants:
Artificial 703
Live 108
Plates, photographic 556
Ploughs 232
Plumbago 274
Polish 530
Potash, caustic 561
Potato meal 128
Powder :
Blasting 642
Bronzing 210
Gun 645
Preserves 127
Primers 641
Pumice stone 264
Purl 182. 209, 210
Pyroxyline 642
Rails 248
Railway cars
Ramie
Resins
Rivets
Rope 173
Rubber, and manufactures of.
601. 6S7
Rubies
Hushes, articles of .
,249
620
88
134
257
. 174
054.
-689
188
166
INDEX.
Tariff No.
Sacerdotal ornaments ....503-505
Sacks 169
Saffron 109
Salt 557,558
Saltpetre 559
Sand 265
Sand on cloth or paper 293
Sandals 164, 165
Sanitary supplies 690
Sapphires 188
Screws 257
Scythes 232
Sealing wax 684
Seed, caraway 91
Seeds:
Alimentary 104
Oleaginous 107
Medicinal 105, 106
Shapes, hat 648
Shawls 363-365, 414-416.
4.35, 456, 472-474, 507-509, 513
Sheaths for umbrenas and
parasols 683
Sheets of asbestos, cardboard,
and tarred tow, for roofs.. 694
Shellfish 6
Side-arms 637
Sieves and riddles 663
Silicates 560
Silk, and manufactures of... 55,
464-475
Silk with admixture of other
materials, and manufac-
tures of 476-513
Silver leaf, for silvering 194
Si/ing for woven stuiTs 523
Skins, prepared 62, 67
Slate, and manufactures of.299-301
Slippers 69-71
Snuff 178
Soap 692.693
Soap, medicinal 554
Soda, caustic 561
Spades 232
Spar 271
Tariff No.
Spectacles 314
Spermaceti 13
Spirits 525, 526, 569, 570
Sponges 49, 50
Springs, steel, for carriages.. 246
Stearine 51
Steel, and manufactures of. .
228-259
Sticks, walking 655
Stones and earth 264-275
Stones, precious 188
Stoppers, cork 112, 113
Stoves, cooking 258
Straw, manufactures of . . . 166, 170
Strings, musical 674
Stucco or plaster, manufac-
tures of 264,285
Sugar 125
Sugar, milk 529
Sulphates 562-564
Sulphide of carbon 566
Sulphites 565
Sulpho-oleates 523
Sulphur 267
Sweetmeats 127
Switches . . . 608
Tacks 257
Talc 275
Tannin 145
Tapestry 701
Tar 141.278
Tartar, cream of 545
Tassels 343,
344. 395, 396. 438, 439. 496-498
Tea 122
Teeth, artificial 675
Tents 712
Tiles 287. 288, 291
Tin. and manufactures of. 217. 222
Tinsel 202. 209. 210. 215
Thread 328.
328A. 376-37S. 427. 465
Tobacco 120. 121. 176-17S
Toilet accessories . 690
1048
INDEX.
Tariff No.
Tools 685
Tortoise-shell, and manufac-
tures of 10, 77, 78, 80
Toys, automatic 610
Trimmings, &c 356,
357, 407, 408, 445, 449
Tubes, brass, &c 198
Turpentine 140
Umbrellas and parasols .... 360,
411, 454, 506
Vaccinal matter 58
Vanilla 96
Varnishes 530
Vaseline 280
Vehicles 623-636
Velocipedes 636
Vinegar 576, 577
Tariff No.
Weapons 637-639
Whalebone, and manufactures
of 8, 79
Whips 655
White metal, and manufac-
tures of 195, 197, 198-201
White, Spanish 268
Wicks 175, 329
Wines 578-580
Wines, medicinal 568
Wire 182,
199-202, 221, 229-231, 252
Wood, and manufactures of.
146-163
Wood pulp 581
Wool, and manufactures of . . 9,
16-18, 423-463
Wrappers, straw, for bottles. 170
Wafers, for letters 684 Yarns 327, 374, 375, 427, 476
Watches 618-622 Yeast 555
Waters:
Aromatic 524 Zinc, and manufactures of. . 219,
Mineral 571 221, 222. 225, 226
Wax 46,143
MYERS/A.
/ n'
* !%!
V
BRARY-Qr
Ji fJUlj
",
>v
> I
.. , UC . S ..^ RN REGIONAL LIBRARY FACILITY
A 001 425 570
