Full text of "The mining laws of Mexico : containing a translation of the mining law and regulations and of the mining tax law and regulations, with an introduction, commentary, cross references and alphabetical index"

UNIVERSITY OF CALIFORNIA
LOS ANGELES

GIFT OF

Ann V. Adams

THE

Mining Laws of Mexico

CONTAINING A TRANSLATION OF THE MINING

LAW AND REGULATIONS AND OF THE MINING

TAX LAW AND REGULATIONS; WITH AN

INTRODUCTION, COMMENTARY, CROSS

REFERENCES AND ALPHABETICAL

INDEX.

Lie. Rodolfo Reyes

Member of the Mexico City Bar and of the Academy of Legislation
and Jurisprudence of Mexico; Associate Professor of Cons-
titutional Law in the National School of Juris-
prudence; and a member of the first
Committee appointed to draft
the New Mining Law.

AND

Frederick F. Barker

Attorney of Mexico City; Bachelor of Laws of Cambridge University,
England, and member of the Washington (D. C.) Bar.

PUBLISHED BY

THE AMERICAN BOOK AND PRINTING COMPANY..

AVE. SAN FRANCISCO, 25.

MEXICO CITY.

COPVKIGHT, 1O1O.

BY TUBS
A MERICAN BOOK AND FBINTIMG Co.

ASEGCKAOA I^A PROP1EDAD L1TEBAKIA COXFOKME A r.A

Ulrary

PREFACE.

This handbook on the Mining Laws of Mexico has
been prepared in the hope that it may prove of practical
value to all those interested in the mining business in
Mexico. The aim has been to furnish a translation,
idiomatically and technically correct, of the different
Mining Laws and Regulations, with such ample com-
mentary in the form of an introduction, foot-notes and
references, all alphabetically indexed, as will enable the
reader to interpret the law intelligently. The authors will
be glad to receive communications pointing out passages
which may seem to require elucidation or correction,
whether in the text of the Laws and Regulations or in
the commentary and references.

Acknowledgments are due to Mr. Leon Dominian,
mining engineer of this city, for valuable assistance
rendered in the translation of mining terms and phrases.

January 1, 1910.

Lie. Rodolfo Reyes,

San Jose el Real 16, Mexico City.

Frederick F. Barker,

Cinco de Mayo 32, Mexico City.

523042

TABLE OF CONTENTS.

PART ONE.

INTRODUCTION.

CHAPTEE I.

General Principles.

Federal Ownership of Mineral Deposits 3

Mineral Deposits Subject to the Law. 4

The Mineral Grant 5

The Pertenencia 7

Easements and Expropriations... 8

Administrative and Judicial Jurisdiction 11

Foreigners 13

Mining Companies and Partnerships 14

The Laws Relative to Mining Matters 18

CHAPTER II.

How to Obtain a Mineral Grant.

Prospecting 20

Denouncement 21

Registration 29

CHAPTER III.

Innovations 30

PART TWO.

THE MINING LAW.

Chapter 1. Mining Property and its Attributes 36

Chapter 2. Acquisition and Forfeiture of Mining Pro-
perty 44

Chapter 3. Reduction of Pertenencias under Title.
Correction of Location of Pertenencias.
Correction of Title-deeds. Division of

Mining Properties 64

Chapter 4. Legal Easements 67

Chapter 5. Mining Contracts. Registration 76

III

Page.
Chapter 6. Expropriation ............................................................... 82

Chapter 7. Penal Provisions ............................................................... 88

Chapter 8. Suits ................................................................................... 94

Chapter 9 Miscellaneous Provisions .......................................... 100

Chapter 10. Transitory Articles ........................................................ 112

PART THREE.

THE GENERAL REGULATIONS.

Chapter 1. Mining Agents 116

Chapter 2. Denouncements of Mining Lands 119

Chapter 3. Opposing Claims 125

Chapter 4. Applications Relative to the Reduction of
Denouncements, Rectification, Reduc-
tion and Division of Mining Properties,
Establishment of Easements, Autho-
rization of Means of Transportation,
Explorations, Expropriations and

Permits to Foreigners 126

Schedule of Fees Payable to Mining Agents 130

PART FOUR.

THE MINING TAX LAW OF 1892

THE REGULATIONS OF THE MINING TAX

LAW

133
139

INDEX 143

PART ONE.

INTRODUCTION.

CHAPTER I.
GENERAL PRINCIPLES.

FEDERAL OWNERSHIP OF MINERAL DEPOSITS.

lii Mexico, deposits of most of the mineral
substances are owned originally by the Federal
Government, representing the Nation (1). This is
true of minerals existing in private ground, as
well as of those found in the public domain. All
such deposits, wherever they lie, arc the property
of the Nation until granted under a Federal pat-
ent or title( 2). Accordingly, the fee-simple owner
of the soil may not extract ores therefrom except
under a mineral grant from the central govern-
ment; and conversely, a stranger may denounce,
secure the title to, and mine the ore deposits exist-
ing in private ground, regardless of the owner of
the latter. The law does not accord the owner
even a preferred right in the denouncement of
mines in his own property, the freehold in the
mines being, for all purposes, distinct and perma-
nently separated from the freehold in the soil (3).
The old maxim of the English Common Law, "Cu-
jus est solum, hujus est usque ad caelmii et usque

1. Art. 1 of the Mining T,aw.

2. Art. 11.

3. Arts. 7, 10 and 102.

INTRODUCTION

ad infernos." finds no place in the mining laws of
Mexico (4).

Once the mineral patent or title is issued, the
grantee acquires what is known to the CommoD
Law as a base, qualified, or determinable fee in
the deposits. In plain language he is. the absolute
owner of the mining grant so long as the mining
tax is paid punctually. The Nation, on the other
hand, is the direct owner of all mineral deposits
until actually granted; and upon grant, retains
therein a contingent reversionary interest, condi-
tioned upon a failure at any time to pay the min-
ing t.x (5).

The Mexican Government does not operate
any mines; but leaves their development entirely
to private enterprise, subject only to a reasonable
police supervision. In a word, ungranted mineral
deposits are in the hands of the Federal Power,
but subject to acquisition by private parties.

MINERAL DEPOSITS SUBJECT TO THE LAW.

The law determines explicitly which classes
of mineral substances belong to the Nation,
and which to the owner of the soil. The division
is of importance, since the deposits belonging to
the Nation may be worked only by virtue of a Fed-
eral grant; whereas the deposits belonging to the
owner of the soil may be worked freely without
need of any government grant (6).

The substances which lie ia the grant of the
Federal Power are all deposits of inorganic sub-
stances found in veins or masses the formation
of which is separate and distinct from that of the

4. "The proprietor of the soil owns It upward to the sky
nd downward to the lowest depths."
5. Art. 61.
6. Arts 1 and 2.

GENERAL PRINCIPLES.

country rock. Such substances include the metals,
such as gold, silver, lead, copper, etc; the precious
stones; sulphur, arsenic and tellurium; and rock
salt. To these deposits must be added placers of
gold and platinum (7).

The substances which belong to the owner of
the soil embrace deposits of the mineral combus-
tibles, such as coal and oil, of bituminous sub-
stances, and of surface salts; the country rock
and substances of the soil, such as slate, lime-
stone, etc.; bog iron and loose surface deposits of
iron and tin; and the ochres (8).

The Mining Law does not apply to the sub-
stances enumerated in the second division. Ex-
cept in the case of coal mines (9), their exploita-
tion is not subject even to the police provisions
of the Mining Law or its Regulations, but only to
the prescriptions of the local State Laws or muni-
cipal ordinances.

THE MINERAL GRANT.

The mineral grant, or mining property, as it
is called in the Law (10), is procured from the Fed-
eral Government by means of a denouncement
and the subsequent issue of title (11). Any per-
son, except as stated hereinafter (12), may apply
for and secure a mineral grant. The title is issued
to the first applicant. The Law gives no prefer-
ence to the discoverer of the mine, nor to the first
occupant, nor to the owner of the soil. Priority of

7. Art. 1.

8. Art. 2.

9. Art 133.
10. Art. 5.
11. Art. 11.
12. See under "Foreigners" of this introduction.

INTRODUCTION.

application, with issue of title and duo registra-
tion thereof, alone gives priority of right (13).

It should be noted, however, that the Gov-
ernment does not guarantee that the title issued
will be effective and incontestable. The grant is
made always without prejudice to the existing
rights of third parties. Unfortunately, it some-
times happens that the true boundaries of tw T o dif-
ferent grants overlap. In such an event, the title-
deed bearing the prior date vests the ownership
of the minerals in the ground in dispute, provided
that such title-deed has been registered in accord-
ance with the Law 7 (14).

There is no limit set by the Law- to the possi-
ble si7,e of a mining grant. The applicant may de-
nounce as large a tract as he desires. The initial
tax, however, on every hectare (2.471 acres) is five
pesos (15); and the annual tax thereafter is six
pesos a hectare on the first twenty-five, and three
pesos a hectare on the excess, provided that,
where the number of hectares exceeds twenty-
five, the property is in one piece (16).

A mineral grant vests the ownership of the
ores contained therein; but no title whatsoever to
the ground as such (17). The freehold in the min-
eral deposits is severed absolutely and permanent-
ly from the freehold in the soil. Even when the
two estates are united in the same person, no
legal fusion takes place, but each is held under
and by virtue of a distinct title. The Law pro-
vides for the creation of the easements, and the

13. Arts 11, 12, 21, 27, 82, 83 and 86.
14. Arts. 49 and 86.

15. A peso is the equivalent of fifty cents in United States
currency or two shillings in English currency.

16. See Mining Tax Law, Part Four of this Book.
17. Art. 7.

GENERAL PRINCIPLES.

expropriation of the property, needed to enable
the miner to exploit the mineral deposits to the
best advantage (18). The use and enjoyment of
the waters existing in mineral ground belong to
the owner of the mining property (19).

Under the Mexican law, a miner may not
cross the vertical planes of his grant. His mining
operations must be confined strictly within his
boundary lines drawn downwards perpendicular-
ly, the Law recognizing no sub-surface extralat-
eral rights. The u apex rule" of United States
mining practice is unknown here, and accordingly,
under no circumstances may a miner follow a lode
outside the vertical planes of his property (20).

A mining property is subject to forfeiture
only for non-payment of the mining tax. No an-
nual assessment, or representation work, is re-
quired. Subject to the Police Regulations govern-
ing mines, a miner may work his mineral deposits
as he sees fit; or he may defer all work indefinite-
ly. Punctual payment of the mining tax is his
sole condition of tenure (21).

THE PERTENENCIA.

Under the Mexican laws, the pertenencia is
the unit both of mining location and of measure-
ment (22). All denouncements must be reduced to
pertenencia s, and the pertenencia itself is for all
legal and fiscal purposes an indivisible unit (23).
A mining property, as it is called by the Law, may

IS. See under "Easements and Expropriations" of this Intro-
duction.

19. Art. 9.

20. Arts 4 and 8.

21. Art. 51.

22. Art. 4.

23. Art. 7.

INTRODUCTION

consist of one or of any number of contiguous
pertenencias (24.)

The surface of a pertenencia is a horizontal
square, and measures one hectare, that is 10,000
square meters or 2.471 acres. The vertical planes
of the pertenencia are drawn perpendicularly to
the horizon and run downward indefinitely. To
cross those vertical planes and enter either the
grant of a stranger or free ground, is a trespass.
As already indicated, there is no "apex rule" in
Mexican law (25).

Where it is physically impossible to reduce
the grant to square pertenencias, i. e., to horizon-
tal squares measuring one hundred meters to the
side, the irreducible residue is called a demasia,
and is deemed to consist of as many pertenencias
as there are hectares contained in its surface
(26).

EASEMENTS AND EXPROPRIATIONS.

The mining industry in Mexico is one of the
mainstays of the Federal Treasury and of the peo-
ple at large. For this, among other reasons, the
law regards mining enterprises of the minerals
embraced by the Law as public utilities, and sub-
ordinates the rights of the landowner to the needs
of the miner (27). While it is true, as already
indicated, that a mineral grant embraces only the
deposits of ore, and not the ground itself, the Law
provides that the miner shall be afforded every
facility for the development or operation of his
mines. This is accomplished by the creation of
easements and the expropriation of ground.

24. Arts. 5 and 19.
26. Art. 8.
26. Art. 6.
27. Art. 10.

GENERAL PRINCIPLES.

In general it may be said that the miner may se-
cure the creation of whatever easements, and the
condemnation of whatever ground are needed for
the full enjoyment and development of his mining
property. Indeed, certain easements and expro-
priations are indispensable to the operation of the
mine, unless the miner is able to lease or purchase
the surface ground. Without an easement of
passage, for instance, a miner would have no law-
ful means of access to his property; and without
the expropriation in his favor of a certain portion
of the surface ground, the extraction of ore would
be a physical impossibility.

In its practical effect, the creation of an
easement is a form of expropriation * but, strictly
speaking, the easement gives only a certain use
of a stranger's ground, whereas expropriation
transfers the title in the ground itself. The Min-
ing Law permits of the creation of mining ease-
ments either in the surface ground of the mineral
grant in whose interest they are created, or in
adjoining properties, whether mineral or non-min-
eral. On the other hand, expropriation is permit-
ted only within the surface boundaries of the
grant, except in the case of railroad construction.
In one form or another, however, the miner can
secure the use or occupation of all the ground he
needs, both surface and subsurface, either as
above indicated or by the denouncement of adja-
cent mineral ground (28).

Before a legal or compulsory right of ease-
ment can be enjoyed, or ground subject to expro-
priation can be occupied, two conditions must be
fulfilled: first, there must be a decision, either

28. Arts 61 to 78 and 87 to 96.
9

INTRODUCTION.

provisional or filial, of some competent authority,
declaring such easement or expropriation neces-
sary; and secondly, compensation must be made to
the owner of the property subjected to the ease-
ment or the expropriation, as the case may be, or
the estimated indemnity placed in deposit, where
the creation of the easement or expropriation is
provisional. Until these prerequisites are complied
with, the right of easement or expropriation is
dormant and cannot lawfully be exercised. Min-
ing easements cannot be created by user or by
prescription (29).

Legal, that is, obligatory mining easements
are of two kinds: those imposed upon non-min-
ing properties, and those imposed upon one min-
ing property in favor of another. Obligatory
easements in non-mining property are of passage,
drainage, aqueduct, ventilation, or transmission
of electric power. Those created in one mining
property in favor of another are either of drain-
age or of ventilation. The foregoing enumeration
exhausts the different classes of easements the
formal creation of which may be compelled by the
miner; but by agreement, of course, any form of
voluntary easement may be created (30).

The miner can secure the expropriation of
whatever surface ground, lying within the bound-
aries of his grant, he may need for the effective
appropriation of the mineral deposits, whether
surface or subsurface, as also for the machinery,
railroad tracks, buildings and other accessories of
the mining operations ; likewise of the ground re-
quired for the installation of reduction works of
whatsoever character, provided that the ore to be

29. Arts. 71 to 78 and 88 to So.
30. Art. 61.

GENERAL PRINCIPLES.

treated therein is extracted from the grant on
which such works are erected, or from other
grants owned by the same person arid operated
by the same concern (31). Ground expropriated
ostensibly for certain uses is subject to recovery
by its former owner if devoted to other uses; and,
on the same principle, if a grant is forfeited, the
ground expropriated is in like manner subject to
recovery (32).

ADMINISTRATIVE AND JUDICIAL JURISDICTION.

Jurisdiction in mining matters is vested in
the Department of Fomento and in the courts.

Administrative cognizance of mining matters
is placed with Fomento. This Department exists
for the purpose of promoting and encouraging the
development of mining, agriculture, and other
industries. The general principle of the Law is
that the decisions of the Department in mining
matters shall be provisional only, being finally
determinable by the courts if either party so de-
sires. By the consent of both parties in the con-
troversy, however, the Department may be given
exclusive jurisdiction and its decision is then
definitive.. In the granting of mining titles, the
creation of compulsory mining easements, and the
expropriation of ground for mining uses, the De-
partment has exclusive initial jurisdiction; and
its decisions regarding these matters are opera-
tive and effective unless arid until reversed by the
courts (33).

The Department is vested with authority to
inspect all mines subject to the Mining Law; and

31. Art. 87.
32. Art. 96.
33. Arts 11, 72 to 78 and 88 to 95.

INTRODUCTION,

may, if it finds that a failure to comply with the
Regulations is endangering the lives of the min-
ers, suspend the operations (34).

All the administrative departments in Mex-
ico are vested with a quasi-judicial cognizance of
minor offenses (35). The Department of Fomento
may punish certain breaches of the Mining Law
or Regulations with detention up to one
month or fine up to five hundred pesos (36). Its
decisions in such cases are virtually final, al-
though subject to inquiry at the instance of
party under the "amparo" procedings referred to
below. The courts, however, are indisposed to
impugn any sentence of an Administrative De-
partment of the Federation.

As between the Federal and the State courts,
judicial competency is determined by the follow-
ing rule: If the case arises under a Federal law,
the Federal courts have exclusive jurisdiction,
except where private interests only are involved.
In other words, unless the Nation has an interest
in the suit, it is tried in the State courts. It will
be noted that, under the Mexican practice, neither
the origin of the law applicable nor the diverse
citizenship of the parties, determines the question
of jurisdiction (37). But if a State judge fails to
apply the law correctly, whether such law be
State or Federal, the courts of the Federation
may be appealed to for Constitutional protection,
under the proceeding termed an "amparo.'' The
Constitution of the Republic guarantees to all
persons the exact application of the laws, both

34. Arts 126 to 132.

35. Art. 21 of the Mexican Constitution.
36. Art. 101.

37. Art. 107 of the Law and Art. 97 of the Mexican Con-
stitution.

GENERAL PRINCIPLES.

State and Federal (38). Under the provisions of
the new Law, most mining causes are triable ex-
clusively in the Federal courts (39).

FOREIGNERS.

The mining laws of Mexico do not discrimin-
ate against the foreigner, except as indicated be-
low. A foreign company, partnership or individ-
ual may conduct explorations, denounce mines
and obtain mineral grants, under the same terms
and conditions as a Mexican citizen. To enjoy
these privileges, not even residence in the republic
is necessary, since both the denouncement may be
made and the title secured through a properly
accredited representative (40).

Within a zone of eighty kilometers, approx-
imately fifty miles, along the frontier, however,
the new Law materially restricts the rights of
the foreigner (41). If an individual, he may in-
deed denounce mines in the zone, but in order to
obtain a title under which to work them, or to
acquire permanent property rights in mines so
located, or mortgages thereon, he must first se-
cure a permit from the President of the Republic
(42). In the case of foreign companies, these can-
not either denounce or permanently acquire, by
any means whatsoever, mining lands or mortga-
ges thereon within the zone indicated (43). For
all legal purposes, in the cases above indicated,
a lease to a foreigner for a period exceeding ten
years will no doubt be regarded as a transfer of

38. Art. 14 of the Mexican Constitution as amended.

39. Arts. 107 and 123.

40. Arts. 20 and 49.

41. Arts. 136 to 144.

42. Arts. 136 to 138.

43. Art. 139.

INTRODUCTION.

ownership (44). Where mining property in the
zone is acquired by a foreigner by inheritance or
will, or by virtue of judgment for debt, such
property must be disposed of within one year,
anless, in the case of an individual, the permit
above referred to is obtained (45). These provi-
sions relative to the frontier zone do not affect
vested interests, that is, existing titles, leases or
mortgages to or on mines. They do, however,
govern applications for mineral grants which
have not been finally approved by the Depart-
ment before January 1, 1910 (46). There is noth-
ing in the Law to prevent foreigners, even though
residing outside the Republic, from incorporating
under the laws of Mexico for the purpose of own-
Ing, developing or operating mines in the frontier
.zone (47).

In conclusion it may be noted that documents
executed abroad and relating to such mining
transactions as require registration under the
Mexican laws, are not effective as against third
jparties until so registered (48).

MINING COMPANIES AND PARTNERSHIPS.

Individuals may combine in any form of part-
nership or company for the operation of mining
properties (49). In practice such combinations here
usually take one of two forms: either that of a
loosely organized partnership or company, termed
a Provisional Association ("associacion momenta-

44. Art. 31 of the Law Relating to Foreigners. ("Ly da
Extranjeria.")

45. 141 to 143.

46. Art. 3 of the Transitory Articles of the Law.

47. See also below.

48. Art. 86.

49. Art. 79.

GENERAL PRINCIPLES.

nea"); or that of the formally constituted Corpor-
ation ("sociedad anonima").

THE PROVISIONAL ASSOCIATION.

The Association requires for its formation no
formalities of any kind and no expenditure of money
The terms of the agreement to combine need not
even be reduced to writing, although this precaution
should be taken if for no other reason than to se-
cure certainty and permanency of understanding.
The chief disadvantage of operating under this
form of combination, however, is that the agree-
ment of Association is effective only as between
the parties thereto, and not as regards third par-
ties. For instance, such nn agreement will not
operate to vest in the Association the title to
mines to be worked under its terms. An Associ-
ation has no legal existence apart from that of
the associates. It is not a legal entity. The liabil-
ity of the associates for debts incurred is not lim-
ited, as it is in the case of stockholders in corpor-
ations. The Provisional Association, as its name
implies, is an appropriate form of combination
as a temporary expedient, or where the interests
involved do not, for the moment at least, war-
rant the trouble and expense of incorporation
(50).

THE DOMESTIC CORPORATION.

Corporations to engage in mining enterprises
may be formed in Mexico under much the same con-
ditions as in the United States and England. The sa-
lient features of the Mexican incorporation laws are
as follows: Companies organized thereunder are

BO. Arts. 92, 98, 99 and 268 to 271, all of the Commercial
Code.

INTRODUCTION.

Federal and have legal standing throughout the
Republic; the articles of incorporation are drawn
up in the form of a notarial deed and regis-
tered, without need of any further formalities;
stockholders are liable, unless otherwise provid-
ed, only to the extent of their unpaid subscrip-
tions; the stock may be common, preferred or
bonded; free stock may be issued in exchange for
services rendered or for property; all the stock
must be subscribed at the time of incorporation;
but only ten per centum of the cash capital need
be paid in at that time; provision may be made
in the articles of incorporation or the statutes for
the purchase by a company of its own stock, or of
stock in other companies, as also for the sale of
all the corporate assets; consolidation with other
companies is allowed; the incorporators of min-
ing enterprises may set any value on the company
assets, without danger of liability (51); there are
no residential or citizenship requirements of in-
corporators, stockholders or directors; the meet-
ings of directors and of stockholders must be held
at the domicile of the company, but advisory com-
mittees may be appointed outside the corporation
domicile and vested with executive and adminis-
trative powers; the stockholders have no extra-
judicial right to inspect the books of the compa-
ny, except through an officer of the same, the
Commissary, who acts as their representative;
but by judicial process the production of books
may be compelled at any time; certain annual re-
ports of a formal character are required, but
there exists no government supervision of mining
corporations as such; the commercial and other

61. Art. 80 of the Mining Law.
Ifi

GENERAL PRINCIPLES.

books of the company must be kept here and in
the Spanish language, but a separate set of books
in the English language may be kept elsewhere;
any amendment of the articles of incorporation
is a simple formality, given the voting majority
stipulated in the said articles (52).

The principal incidental expense of incorpora-
tion consists in the initial stamp tax on the notar-
ial deed. This is based on a sliding scale, and
may be estimated approximately from the follow-
ing examples: on ten thousand pesos the tax is
ten pesos; on one hundred thousand pesos, one
hundred pesos; on a million pesos, seven hundred
and fifty pesos; on five million pesos, eleven hun-
dred and fifty pesos (53). There is also a stamp
tax of one per mill, approximately, on the stock
certificates (54). Aside from attorney's fees the
other expenses consist of notarial dues, which
run from about one hundred to three hundred
pesos, depending chiefly upon the amount of the
capitalization. A peso is the equivalent of fifty
cents in United States currency and of two shil-
lings in English currency. There is no annual tax
on corporations as such; they pay like individuals
a tax on property and operation.

THE FOREIGN CORPORATION.

Companies incorporated under the laws of a
foreign country are on the same footing as domestic
corporations regarding the acquisition and opera-

52. Arts. 89 to 97, 163 to 225, and 260 to 264, all of tthe
Commercial Code.

53. Federal Stamp-Revenue Law, Sec. 96 of the Tariff.
54. Federal Stamp-Revenue Law, Sec. 1 of the Tariff.

INTRODUCTION.

tion of mines in the Republic, except within a zone
of eighty kilometers along the frontier (55); but to
do business with safety, they must be protocolized
and registered here (56). The taxes and incidental
expenses of protocolization and registration are
somewhat less than for original incorporation
under the Mexican law (57).

THE LAWS RELATIVE TO MINING MATTERS.

Under the Mexican Constitution the Congress
is empowered to issue mining codes operative
throughout the Republic (58). All mining legisla-
tion is therefore of Federal origin. The new code
(59), enacted in November of 1909, and effective
after January 1, 1910 (60), expressly provides for
the repeal, as from the last date named, of the
code of 1892, and of all other laws, decrees and
rulings in regard to mining in force at the time
the new Law and Regulations go into effect, ex-
cept those of a fiscal character (61).

It should be noted that, in addition to the
Mining Law proper, there exist also the Mining
Tax Law, Regulations and Circulars (62), treating
of the Federal taxation of mining properties,
which have been left substantially unmodified by
the new law (63). Furthermore the new General

65. See above.

56. Arts. 15, 24 and 265 to 267, all of the Commercial Code.
57. Federal Stamp-Revenue Law, Sec. 89 of the Tariff.
58. Art. 72, Sec. X, of the Mexican Constitution.
59. Mining Law of the United States of Mexico of 1909.
60. Art. 1 of the Transitory Articles of the Law.
61. Art. 9 of the Transittory Articles of the Law.
62. Mining Tax Law and Regulations of 1892: Part Four
hereof.

63. Art 9 of the Transitory Articles of the Law.

GENERAL PRINCIPLES.

Mining Regulations (64) and Police Mining Regu-
lations, (65) which are based on and are supplemen-
tary to the new code, all have the force of law,
and contain a great deal of what, in some coun-
tries, would be deemed legislation. From time to
time the Departments issue Circulars, interpret-
ing the Laws and Regulations (66).

Where the Mining Law is silent, the Civil
Code of the Federal District and the Commercial
Code are applicable; and where these are silent,
the general principles of the Civil Jurisprudence,
as developed in the writings of jurists and the
decisions of the Supreme Court, must be consulted
(67). In certain mining cases, also, recourse must
be had to the provisions of the Penal Code of the
Federal District and the Federal Code ot Criminal
Procedure (68), of the Code of Civil Procedure of
the Federal District (69), the Federal Code of Civil
Procedure (70), the Code relating to Foreigners
(71), the Federal Stamp Law and Circulars (72),
the Federal legislation in force regarding Lands,
Waters, and allied subjects, and the Codes and
Laws of the different States and Territories (73).

S4. See Part III of this Book.

65. To be issued early in 1910.

66. All past circulars relating to the Mining Law proper
have been withdrawn. Future editions of this book win contain
such fresh Regulations and Circulars as have been issued at date
of publication.

67. Arts. 3, 77 and 79 of the Law.

68. The Penal Code of the Federal District of 1872 and the
Federal Code of Criminal Procedure of 1909. Art. 97 of the Law.

69. Code of 1884.

70. Code of 1909.

71. Code of 1886.

72. Law of 1906.

73. Art. 123 of the Law.

CHAPTER II.
HOW TO OBTAIN A MINERAL GRANT.

If the reader is familiar with the general principles
underlying the mining laws of Mexico, as set forth above,
he will have but little difficulty in comprehending the
procedure to be followed in acquiring original title to a
mineral grant. It will be understood, of course, that what
follows refers only to the acquisition of the classes of
mineral deposits which lie in the grant of the Govern-
ment, and not to those belonging to the owner of the soil.
The subject may conveniently be considered under three
heads: Prospecting, Denouncement, and Registration of
Title.

PROSPECTING. The Federal Government is direct-
ly interested in the discovery of the hidden treasures it
owns. Accordingly, the law provides that fhe prospector
shall be afforded every reasonable facilty in his search
for ore, the foreigner being granted the same rights and
privileges in this respect as the Mexican. With certain
restrictions, which will be indicated later, the prospector
may explore botih in the public domain and in private
ground; but, to avoid trouble, he must comply strictly
with the law in securing the permission required, as ex-
plained hereafter.

Under the new law the area of exploration is li-
mited. Its maximum size is determined by taking a cen-
tral point and running a circle around it with a radius of
500 meters. The maximum breath of the exploration tract
will be, therefore, one thousand meters. (1)

If the ground which it is desired to explore is public
land, the prospector will file an application in duplicate
with the local representative of the Mining Bureau, called
the Mining Agent, designating clearly the zone to be ex-
plored. To the application must be attached a certificate
signed by a graduate surveyor, to the effect that no min-
ing operations have previously been undertaken in the

1. Art. 124 I of the Mining Law.

HOW TO OBTAIN A MINERAL GRANT.

ground and that it lies at least two hundred meters from
the nearest mining property under title. (2)

If the ground to be prospected is private land, appli-
cation is first made to the owner; and if the permit is
secured, the Mining Agent must be so informed by the
prospector. (3)

Where the owner of the ground refuses to grant the
permission required, application is made to the Mining
Agent. In such cas % es the applicant, must give bond to
cover any lo&s or damage which might result to the prop-
erty as a result of the prospecting. (4)

The term of the exploration permit is limited in all
cases to sixty days. The law does not allow any exten-
sion of this term; and upon its expiration, no second
permit covering the same ground or part thereof is pro-
curable until after the lapse of six months. This provi-
sion of the law is designed to prevent the tying-up inde-
finitely of valuable zones of property by means of suc-
cessive exploration permits. (5)

Exploration permits will not be issued in ground
where mining, as distinguished from prospecting, opera-
tions have already been conducted; nor in ground lying
within two hundred meters of a mining property under
title; nor within the precincts of inhabited places. Pros-
pecting near public or private 'buildings and railroads is
expressly prohibited. (6)

It should be noted especially that a prospector who
complies with the provisions of the Law and Regulations
in regard to exploration permits has the exclusive right,
during the life of the permit, to denounce (that is, apply
for a mining title to) ground lying within the zone of
exploration. (7) The advisability of complying with the
law is, therefore, obvious. The fees to be paid amount
to only a few pesos. (8)

DENOUNCEMENT. By the phrase "denouncement
of a mine" is meant the filing of an application for a min-
ing grant. In a general way it may be said that "de-
nouncement" in Mexico is the equivalent of "locating a

2. Art. 124 (Sees. Ill and VIII) of the Law and Art. 53 or the
General Regulations.

3. Art. 124 II of the Law and Art. 54 of the Regulations.

4. Art. 124 of the Law and Art. 55 of the Regulations.

5. Art. 124, Sees. IV and VI of the Law and Art. 56 of the Reg-
ulations.

6. Art. 124, Sees. VIII and IX of the Law.

7. Art. 124, V, of the Law.

8. Art. 1 of the Tariff of Charges appended to the General Reg-
ulations.

INTRODUCTION.

claim" in the United States, except that the legal requi-
sites and procedure are entirely different in the two
countries. As already indicated (9), unallotted mineral
deposits in Mexico belong to the Federal Government and
are granted to the first applicant to hold in fee simple,
conditionally upon the regular payment of the annual min-
ing tax. (10) The reader is reminded that the proce-
dure outlined here does not apply to deposits of marble,
stone, and other like substances, nor to coal-beds or oil-
wells. (11)

The first step in the proceeding of denouncement is
to deposit with the Local Stamp Revenue Office five pe-
sos (two and a half dollars in United States currency or
ten shillings in English currency) for each pertenencia to
be denounced. (12) This deposit will be returned if. f<?"
any reason, the title is not finally issued. A duly stamped
application (fifty cents a folio) is then filed with the Min-
ing Agent, in duplicate and in Spanish, by the denouncer
personally or through a lawful representative, together
with the certificate of the stamp office showing the de-
posit of the amount of the tax above referred to. (13)
Below will be found a form of application in Spanish,
with translation into English and references to the Law
and Regulations. There are no restrictions in regard to
the number of pertenencias for which application may
be made. As a general rule, the pertenencias applied for
in a denouncement must be contiguous; but the law pla-
ces no limit to the number of denouncements which may
be filed by the same person. (14)

If the applicant is a foreigner and, in addition, the
mine is situated within eighty kilometers (about fifty
miles) of the border, the denouncement is subject to spe-
cial provisions of the law. (15)

The Mining Agent has no right to refuse to receive
and record any application filed, provided it is accompa-
nied by the certificate of tax deposit referred to above.
(16)

The day and hour of filing is recorded In the Register
of the Agency, and noted on the original and duplicate
of the application. The applicant may demand that all

9. The Mineral Grant, page 6.

10. The Mineral Grant, page 6.

11. Art. 2 of the Law.

12. Arts. 16 and 18 of the Law.

13. Arts. 15, 16 and 20 of the Law.

14. Arts. 17 and 19 of the Law.

15. Arts. 136 to 144 of the Law.

16. Art. 21 of the Law.

HOW TO OBTAIN A MINERAL GRANT.

these notations be made in his presence. If, at the time
of acceptance of the application, the Mining Agent finds
it lacking in clearness or precision, the law requires him
to give the applicant an opportunity to make the neces-
sary explanations, which latter are also entered in the
Register and noted upon the original and duplicate of the
application. A failure on the part of the applicant to
give the explanations asked for does not warrant a re-
fusal on the part of the Agent to accept and record the
application. (17)

Within three days after the acceptance and recording
of the application, the Mininig Agent determines whether
it is to be admitted or rejected. The greastet care should
be exercised by the applicant in following out all the legal
requirements relative to the denouncement, since a fail-
ure to comply with the law in this respect will cause his
application to be denied admission or to suffer rejection
by the Department upon review. (18)

The Regulations direct the Agent to appoint, for the
survey of the ground denounced, the surveyor proposed by
the applicant, provided he is eligible under the terms of
the Regulations. (19) The provisions of the latter in
regard to the appointment of the surveyor are detailed and
exhaustive. (20) It will sometimes save time and trou-
ble to consult the Agent in regard to the elegibility of the
surveyor desired before his formal designation is made
by tlhe applicant. The surveyor 'has no right to depart
from the description of the property denounced as it ap-
pears in the application. (21) If it is materially impos-
sible for him to survey the tract as described, the appli-
cation will be rejected. Sixty days are allowed the sur-
veyor within which to file his report. (22) The Regula-
tions are explicit in regard to the manner in which the
survey and plans are to be made. (23) The surveyor's
fees are matter of private arrangement with the party
making the denouncement.

The law allows adverse claimants a term of four
months, from the date of the admission of the applica-
tion, within which to file adverse (proceedings. The Re-
gulations must be consulted for details in regard to the

17. Arts. 21 and 22 of the Law.

18. Arts. 23, 24 and 28 to 36 of the Law.

19. Art. 7, VIII and 18 of the Regulations.

20. Art. 25 of the Law and references thereunder to the Reg-
ulations.

21. Art. 59 of the Law and Art. 28 of the Regulations.

22. Art. 21 of the Regulations.

23. Arts. 24 to 29 of the Regulations.

INTRODUCTION.

procedure applicable in such cases. (24) la general it
may be said that the Mining Agent is required to do eve-
rything in his power to bring the contending parties to-
gether and so prevent judicial proceedings. (25) If he
fails to procure an agreement, recourse must be had to
the Department for a decision of the points at issue, or to
the courts if both parties are not willing to submit the
matter to the Department for determination (26)

After the lapse of the term of four months allowed
for the filing of adverse claims, or upon the determination
of the judicial proceedings last referred to, the record is
transmitted to the Department of Fomento for review;
and if found satisfactory, the applicant is notified that
the title will be issued to him as soon as the boundary
monuments required by the law are constructed. (27)
It takes the Department one or two months, or longer, to
revise the application and related papers; so that the total
time occupied in securing a mining title is, in ordinary
cases, about six months from the date of filing the appli-
cation.

Aside from the surveyor's charges and the cost of the
stamps to be fixed to the title-deed, the expenses involved
in obtaining a mineral grant are usually small (28).

FORM OF APPLICATION FOR A MINERAL GRANT.

SefLor Agente de Fomento en el Ramo de
Mineria:

(a) ,de

N ombre del solicitante

afios de edad (b) , con ocupaci6n de rc) ,

ciudadano (d) , con domicilio en

(e) , y con habitaci6n en

domicilio legal

(e) , ante Ud. con el debido

respeto comparezco y digo:

24. Arts. 37 to 44 of the Regulations.

26. Arts. 39 of the Law and same number of the Regulations.

26. Arts. 37 to 45 of the Law and references thereunder ;hc
Regulations.

27. Art. 27 of the Law.

28. See Tariff of Charges appended to the Regulations, and es-
pecially Arts. 2 and 8 of the same Tariff.

HOW TO OBTAIN A MINERAL GRANT.

Que deseo adquirir (f) pertenencias

numero

en el lugar conocido con el nombre de

, en terreno libre, de la jurisdicci6n de

la Municipalidad de , Distrito de

, Estado de (fir)

que denomino ; que la localiza.

nombre que se d& al predio minero

ci6n en el terreno de las pertenencias que aqui se
denuncian, con las indicaciones que sirven para
identificarlas, son como sigue:

(h).

que el punto fijo de donde ban de partir las medi-

das es (i) ; q ue las co-

lindancias mineras son las siguientes

lj>.

que como puntos bien conocidos existentes en las
cercanias de las pertenencias que aqui se denun-
cian, hago mencion de los siguientes:

(k).
>

que me propongo explotar principalmente meta-
les de a) ;

sus ncmbres

que acompafio el certificado del dep6sito constitui-

do en la Administraci6n del Timbre en

por valor de

lugar de la Administraci6n

las estampillas que deben adherirse al titulo (m) ; y
que propongo al perito

su nombre

, residente en ,

para practicar las medidas y levantar el piano co-
rrespondiente.

INTRODUCTION.

Por lo tanto a Ud. suplico se sirva registrar
esta mi solicitud, la cual presento por duplicado (o)
y debidamente timbrada (p) , y se sirva Ud. tramitar
la misma en los te'rminos que prescribe la Ley.

fecha.

flrma del denunciante

Translation of form of application for a
mineral grant.

To the Agent of Fomento, Bureau of Mines:

T (a)

l > )

name of applicant

years of age (b) ,

occupation

nationality

ciled at (e) , and residing at

home, address or city

... (e) , before you with

actual place of abode

due respect do appear and state:

HOW TO OBTAIN A MINERAL GRANT.

That I desire to acquire

number

, (f) pertenencias at the place known as

, being in free ground, in the

jurisdiction of the Municipality of

, District of ,

State of , (g) which tract I

hereby name ; that the loca-

name given to the mineral tract denounced

tion on the ground of the pertenencias herein ap-
plied for, with the indications which serve to

identify the same, are as follows:

rh) ; that the fixed point from which

the measurements are to depart is

(l) ; that the adjoining mining pro-
perties are as follows:

(j) ; that the following well known

points lying in the neighborhood of the pertenen-
cias hereby denounced may be mentioned :

(k) ; that I purpose to

mine principally ores of (1) ,

names of ores

that I file herewith the certificate of the deposit
made in the office of the Administrator of Stamp
Revenues at

place where office is located

of the value of the stamps to be attached to the title-
deed (m) ; and that I propose the name of

, residing at ,

to act. as expert surveyor in the making of the
proper survey and related plan (n) .

Wherefore, I pray that you will see fit to record
this my application, which I herewith present in

INTRODUCTION.

duplicate (o) , and properly stamped (p) , and to
proceed with the same in accordance with the
provisions of the Law.

Place and date.

Signature of denouncer

(a) Art. 15 of the Mining Law and Art. 17 of the General Regula-
tions.

(b) Art. 15 of the Law.

(d.> Art. 15 and 1'6 to 144 of the Law.

(e) Art. 15 of the Law. The home of the applicant may, of

course, be also his actual place of residence.

(f) Arts. 15, 17 and 19 of tne Law.

(g) Art. 15 of the LJVW .
(h) Art, 15 of the Law.

(i) Art 16 of the Regulations.

(j) Art. 15 of the Law.

(k) Art. 16 of the Regulations.

(D Arts. 7 and 15 of the Law.

(m) Arts. 16 and 18 of the Law.

(n1 Art. 25 of the Law and references thereunder to the Regu

lations,

(o) Art. 16 of the Law.
(p) A properly cancelled fifty-cent revenue stamp must be

affixed to each sheet of the application
Cq > Art. 2o of the Law and Art. 17 of the Regulations.

HOW TO OBTAIN A MINERAL GRANT.

REGISTRATION OF TITLE Upon receipt of the
title deed, it is of the utmost importance to have the same
properly recorded in the Register of the Municipality
where the mining property is situated. (29) If this is
done within thirty days of the date of issue of the title,
the registration will be retroactively effective as from
such date; otherwise it will be effective only from the
actual date of the recording (30). It should be noted
that although title is issuable to the first applicant, and
that, accordingly, as between applicants, the first de-
nouncement filed, if duly admitted, 'has priority; still,
as between parties each holding a properly issued grant
to the same ground, the first deed registered has prior-
ity, and is, consequently, the only one vesting good title.
It sometimes happens, through fraud or error, that title-
deeds are issued to different parties covering the same
ground, either in whole or in part. It is to guard against
this contingency that the grantee should record his deed
within the thirty days allowed by the law (31).

29. Arts. 82 and 83 of the Law.

30. Art. 86 of the Law.

31. Art. 49 of the Law.

CHAPTER III.

. INNOVATIONS.

In general, the new Law follows the fundamental
principles underlying the Law of 1892. The following is
a synopsis of the more important reforms introduced. The
references are all to articles of the Law.

CHAPTER I.-
MININQ PROPERTY AND ITS ATTRIBUTES.

Complete Federalization of the Law Relative to
M'nes. Where the Mining Law is silent, the provisions
the Civil Code of the Federal District and of the Com-
mercial Code are applicable, to the exclusion, in general,
of the local State laws. Arts. 3, 79 and 123.

Water Rights. The miner is allowed only the use
and enjoyment of waters springing in the mines. Arts.
9 and 70.

CHAPTER II.

ACQUISITION AND FORFEITURE OF MINING
PROPERTY.

Defaulting Applicants. An applicant declared gnilty
'ol a default in the course of the denouncemen/t pro-
ceedings is debarred, but only for one year thereafter,
from again denouncing the same property or any part
thereof. Only the commission of a. serious breach of
the Law of Regulations is regarded as a default. Art.
15 and -succeeding articles.

Non-Contiguous Pertenencias. Under certain circum-
stances a denouncement may comprise pertenencias
which are not contiguous. Art. 19.

Reinstatement of Defective Proceedings. The Depart-
ment of Fomento must direct the amendment and rein-
statement of defective denouncements where no positive
breach of the Law or Regulations has been committed.
The Law here merely sanctions an existing practice of
the Department. Arts. 29 and 30.

Mining Agents Must Receive all Denouncements. A
Mining Agent may not, under any circumstances, refuse

INNOVATIONS.

to receive a denouncement presented to him. Arts. 21
to 24.

Erection of Monuments. The monuments showing
the true boundary of a. mining grant must be properly
erected before the mining title will be issued. Art. 27.

Increased Power Vested in the Department to Deter-
mine Adverse Claims. Opposing claims set up in the course
of denouncement proceedings may, if the parties so
agree, be submitted to the Department for final decision.
In the absence of such an agreement, these claims are
decided by the courts except as stated below. Arts 37
to 43.

Only adverse claims based 001 an alleged subsisting
title or a prior denouncement cause the suspension of the
denouncement procedings. Art. 43 of the Law.

Where the adverse claim is not based on an alleged
subsisting title or a prior denouncement, the title may
be issued by the Department without awaiting the result
of any judicial proceedings, and the decision of the De-
partment in such a case is virtually final. Art. 43.

In certain cases the Department may, at the time of
the revision of the proceedings, take under consideration
adverse claims of whatsoever character not set up before
the Mining Agent. Art. 44 of the Law.

Mining Grants May be Denied on Grounds of Public
Utility. The Department may decline to issue a mining
title on legal grounds of public utility. Art. 50.

CHAP III. CORRECTIONS AND DIVISION OF
MINING PROPERTIES.

Correction of Locations. The Department may, at
the request of an adjoining proprietor or upon its own
initiative, direct that the location] of a mining grant be
corrected, without prejudice to vested rights or interests.
Art. 56.

The Denouncement is the Basis of All Corrections.
The data contained in the denouncement is the basis for
all corrections made, whether ia the location of the
grant or in the title-deed. Art. 59.

Division of Mining Properties. The division of a
mining property to produce legal effects requires the
issue of new title deeds. Art. 60.

CHAP. IV. LEGAL EASEMENTS.

Civil Code of Federal District Made Applicable to
Miiring Easements. The Civil Code of the Federal Dis-
trict, and not the local State law, is made applicable in

INTRODUCTION.

all matters relative to mining easements not expressly
covered by the Mining Law and Regulations. Arts 62
and 78.

Cable Lines. The creation of easements for the
installation of cable lines and other authorized means of
transportation, is sanctioned. Art. 63.

Width of Right of Way. The right of way created
under a compulsory easement may not exceed ten meters,
Art. 63.

The Department May Create Easements. The De-
partment of Fomento may authorize the provisional cre-
ation or enlargement of an easement, provided that com-
pensation for all the loss or damage suffered in conse-
quence is guaranteed. Arts. 72 to 78.

CHAP. V. MINING CONTRACTS. REGISTRATION.

The Commercial Code Governs Mining Organizations

and Contracts. Any form of company, partnership or
association, known to the Commercial Code, may be or-
ganized to own, operate or exploit mines, the former
prohibitions against the associations known, respectively,
as "asociaciones" and "avios" being removed. All min-
ing organizations and contracts for the sale or operation
of a mine or its products are governed by the provisions
of the Commercial Code. Art. 79.

No mining contract is subject to rescission for ine-
quality of consideration.. Art. 81.

The value placed on mines by the organizers of a
mining company is deemed proved for legal purposes.
Art. 80.

All Documents Affecting Property Rights in Mines
or their operation require registration. Such docu-
ments must be recorded within thirty days of the date of
their execution. (Arts. 82 to 86.) Documents requiring
registration under the new Law and not already regist-
ered, must 'be recorded to be effective. Art. 6 of the
Transitory Articles of the Law.

Mining Options. Mining options may be recorded
and are then absolutely binding and effective against the
world for a term of two years from the date of registra-
tion. Arts. 82, III and 85.

CHAP. VI EXPROPRIATION.

Condemnation of Ground For Mining Uses. The
condemnation of surface ground, if lying within tha
boundaries of the mining grant, may be procured not
only for uses connected with the mining operations prop :

INNOVATIONS.

er, but also for the treatment, and the reduction of the
ores. Art. 87.

Condemnat'on for Railroads. Mine owners may se-
cure the condemnation of ground, both inside and outside
their properties for 'the construction of railroads. Art. 87.

The Provisional Condemnation of Land may be
Directed by the Department. The Departme-nt is au-
thorized to declare the provisional expropriation of
ground, provided that the value of the condemned prop-
erty, as determined by the Department, be first depos-
ited with the Treasury Department. Arts. 88 to 96.

Recovery of Expropriated Ground. Under certain cir-
cumstances, the expropriated party may recover the
ground condemned. Art. 96.

CHAP. VII. PENAL PROVISIONS.

Federalization of the Criminal Law Relative to Min-
ing. The Penal Code of the Federal District is made to
govern criminal offenses which involve a breach of the
mining laws. Art. 97.

Frauds of Mining Agents and Surveyo r s. Provision
is made for the punishment of such frauds as criminal
offenses. Arts. 98 to 101.

Clandestine Mining. The carrying on of mining op-
erations without right or title is made a specific criminal
offense. Arts 102 and 103.

Robbery of Ores. The stealing of ores by employees
of a mining enterprise is constituted a penal offense tri-
able in the Federal Courts. Art. 104.

Destruction or Removal of Monuments. The wrongful
destruction or removal of mining monuments is explicitly
brought within the terms of the Penal Code. Art. 105.

CHAP. VIII. SUITS.

Jurisdiction of the Federal Courts. Matters involving
the application of' a Federal law are tried by the Federal
courts, except where only private interests are concerned.
Where the interests of the Federation are not concerned
the State courts have jurisdiction. Arts. 107 and 123.

The Denouncer is the Party Plaintiff in all Adverse
Proceedings. In all cases where the denouncement is
opposed, the party denouncing acts as plaintiff. He has
in his favor, however, the presumption that the ground
denounce:! is free. The adverse claimant, on the other
hand, may rebut this presumption by the production of
his titles or otherwise. Arts 112 and 115.

INTRODUCTION.

Nullity cf Title. Titles are incontestable by the
Department after the lapse of three years from date of
issue. Art. 116.

The Public Ministry. The representative of the Pub-
lic Ministry is made an ex-officio party to all Federal
mining suits. Art. 121.

CHAPTER IX. MISCELLANEOUS PROVISIONS.

Explorations. All exploration' zones under the Law
are limited to the area of a circle the diameter of which
does not exceed one thousand meters: a circle having a
radius of fi\-e 'hundred meters. Permits are procurable
for exploration either in private or in public ground. The
term of the exploration permit is limited to sixty days,
and is not renewable except after a lapse of six months.
The permit gives a preferential right of denouncement.
No exploration permits are procurable in ground where
mining operations have been conducted, nor within two
hundred meters of a mining property, nor in populated
places. Art. 124.

Departmental Inspection of Mines. The Department
of Fomento is authorized to direct, at any time, the in-
spection of a mining property, the purpose being to see
that the Law and Regulations regarding the invasion of
strangers' properties and other matters, are not contra-
vened, and to secure scientific and statistical data. If the
lives of the miners are endangered by the mining opera-
tions, the suspension of the latter may be directed by the
Department. Arts. 126 to 132.

Coal Mines. These are made subject to Federal Po-
lice supervision. Art. 133.

Ore-Dumps. These are deemed accessory to the mine
of their origin. If their origin is indeterminable, they
are subject exclusively to the general or local law. Art.
134.

Ore-Deposits in Federal Waters. The Department of
Fomento is authorized to enter into contracts for the pri-
vate exploitation of metallic substances to be found in wat-
ers under Federal jurisdiction. Art. 135.

Foreigners. Within a zone of eighty kilometers along
the frontier, foreign individuals cannot acquire mines
without a special permit from the President of the Repub-
lic. Within the same zone, foreign companies cannot ac-
quire mines at all. Where such property is inherited or
received under a judgment for debt, it must be sold with-
in one year, unless, in the case of an individual creditor,
the special permit is secured. Arts. 136 to 144.

INNOVATIONS.

Payment of the Mining Tax by a Stranger. A strang-
er having a legitimate interest in saving a mining prop-
erty from forfeiture may pay the mining taxes due there-
on, and recover the money so paid from the owner of the
mine or out of the property itself. His claim is made
a first charge on the mine, taking precedence even of re-
gistered mortgages. Art. 145.

TRANSITORY ARTICLES.

The New Law is Effective from January 1, 1910.

Transitory Article 1.

Pending Denouncements. Denouncements in progress
on January 1, 1910, are governed by the new Law. Tran-
sitory Article 3.

Stamps on Old Titles. A term of six months is al-
lowed for the validation of titles issued prior to 1892.
Transitory Article 5.

Registration of Existing Documents. Documents al-
ready in existence which require registration under the
new Law must be recorded to be effective as against
teihird parts after Jan. 1, 1910. Transitory Article 6.

Erection of Monuments. Monuments not yet erected
must be set up within one year from January 1, 1910.
Transitory Article 7.

Preferential Denouncement Rights. All laws estab-
lishing preferential rights in the denouncement of mines
are repealed. Transitory Article 8.

Repeal of Old Laws and Regulations. All existing
mining laws and Regulations, except those of a. fiscal
character, are repealed. Transitory Article 9.

PART TWO.

THE MINING LAW.

CHAPTER I
MINING PROPERTY AND ITS ATTRIBUTES.

ARTICLE 1.

The following property is owned directly by
the Nation and is subject to the provisions of
this law:

I. Ore bodies of all inorganic substances
which in veins, in blankets, or in masses of what-
soever form, constitute deposits the composition
of which is distinct from that of the country
rock, such as deposits of gold, platinum, silver,
copper, iron, cobalt, nickel, manganese, lead, mer-
cury, tin, chromium, antimony, zinc and bismuth;
of sulphur, arsenic and tellurium; of rock-salt;
and of precious stones.

II. Placers of gold and platinum.

COMMENTARY. The statement that deposits of the
substances named above are "owned directly" by the Na-
tion is applicable strictly only to such deposits be-
fore they are granted under a mining title or patent. The
grantee under such a title becomes the true and imme-
diate owner of the deposits, and the State reserves in the
same only a contingent reversionary interest, conditioned
upon the failure at any time to pay the mining tax. See
page 4 of the Introduction, and Art. 51 of the Law.

THE MINING LAW.
ARTICLE 2.

The following are the exclusive property of
the owner of the soil:

I. Ore bodies or deposits of mineral combus-
tibles, of whatsoever form or variety-

II. Ore bodies or deposits of bituminous sub-
stances.

III. Ore bodies or deposits of salts which
outcrop at the surface.

IV. Springs of surface and subterranean
waters, subject to the prescriptions of the general
law am 1 of the special laws on waters, without
prejudice to the provisions of Article 9.

V. The country rock and substances of the
soil, such as slate, porphyry, basalt and limestone,
and the earths, sands and clays.

VI. Bog and residual iron, alluvial tin, and
the ochres.

COMMENTARY. See Introduction, page 4.

Jt will be noted that deposits of coal and oil belong
to the owner of the soil and may be exploited without
need of a Government grant. Where such deposits exist
on the national domain, special contracts may be made
with the Department of Fomento for their exploitation.
The terms of such contracts are governed by the practice
of the Department. It. frequently 'happens that the Na-
tion, in making grants of public land, reserves the right
to deposits of coal and oil existing in such land.

Coal mines are subject to Federal police supervision.
See Art. 133 of the Law.

ARTICLE 3.

The prescriptions of the Civil Code of the
Federal District relative to common property and
its dismemberments are applicable to the system
of mining property, in all matters not expressly
covered in this law.

THE MINING LAW.

COMMENTARY. In the civil law the phrase "prop-
erty and its dismemberments" includes possession, usu-
fruct, use, habitation, mortgages and the easements. By
"common property" is here meant non-mining property.

It should be noted that the provisions of the Civil
Code of the Federal District are applicable only in so far
as they relate to "property and its dismemberments."
Mining contracts are governed by the provisions of the
Commercial Code; and questions of personal status, as
distinguished from commercial capacity, and of succession
either under a will or upon intestacy, are governed by the
local law. It will be necessary, therefore, to make a tri-
ple classification. In the first class fall all questions of
property and possession. These must be determined in
accordance with the second book of the Civil Code of the
Federal District, except where covered by the provisions
of the Mining Law. In the second class fall commercial
acts and contracts, including bankruptcy proceedings in-
volving mines. These are governed by the provisions of
the Commercial Code, in the absence of any express pro-
vision to the contrary in,- the Mining Law. In the third
class fall questions of personal status and capacity, except
commercial capacity, and all questions relative to suc-
cession upon death, whether intestate or under a will.
These are determined according to the provisions of the
local law.

Under the old mining law, the local State or Territo-
rial law was applicable in mining matters where the pro-
visions of the mining law did not expressly cover the
case or point involved. In consequence, the law in the
case often depended upon the locality of the mine. The
purpose of this Article is not only to preclude any pos-
sible diversity of jurisprudence in mining cases, but also
to federalize the law. The Civil Code referred to is that
Of 1884. See Arst. 79, 107, and 123 of the law and notes
thereunder.

ARTICLE 4.

The unit of mining property is termed a perte-
nencia and is a solid of unlimited depth enclosed
in the ground by the four vertical planes corres-
ponding to the projection of a horizontal square
each side of which measures one hundred meters.

The mining pertenencia is indivisible in respect
of all acts and contracts affecting its ownership.

THE MINING LAW.

COMMENTARY. See Introduction, page 7: also Art.
8 of the Law and note thereunder.

A pertenencia covers 2.471 acres.

The verticality referred to in the Article is in rela-
tion to the earth's 'horizon.

For the use of the term "pertenencia," see Transla-
tor's Note under the following article.

, In the interpretation of the second paragraph of this
Article t>he legal property or ownership of a pertenencia
must be carefully distinguished from the pertenencia it-
self. The pertenencia as such as indivisible, but the legal
property therein is capable of division. For instance, two
or more persons may own jointly one pertenencia; and
each joint owner may, subject to the right of preemption
vested -by the law in the other co-owners, sell 'his share.
In such an event the vendee becomes a joint co-owner
wit'h the others, and 'has no right to demand a division
or distribution of the pertenemcia itself. As 1 to the right
of preemption referred to above, see Arts. 2843 and 2844
of the Civil Code of the Federal District. In regard to
the division of a mining property, see Art. 60 of the Law.

ARTICLE 5.

Bv a "milling property" is understood a perte-
nencia or an aggregation of contiguous perte-
nencias held under a primordial title or under a
title transferring ownership, derived from the
former.

COMMENTARY. See the Introduction, pages 5 to 8;
also Art. 19 of the Law.

TRANSLATOR'S NOTE. There exists no satisfacto-
ry English equivalent for the term "pertenencia." Its
translation as "location" would be misleading, by reason
of the many fundamental differences existing between a
pertenenoia under the Mexican law and a location under
the American law. In the first place, a perten-encia is the
minimum unit of mineral grant; whereas a location is the
maximum unit. For other essential differences, see page
6 of the Introduction. The use of the term "location"
as a translation of "pertenencia" would tend also to con-
fuse the latter with "fundo minero," meaning an aggrega-
tion of pertenencias. These objections apply with equal
force to the use of "claim" as an interpretation of "per-
tenencia." Furthermore "pertenencia" is a term in com-

THE MINING LAW.

mon use among English-speaking mining men in. Mexico,
and its translation by "location" or "claim" would, there-
fore, be superfluous as well as misleading.

The Spanish word "demasia" is also in common use
among English-speaking miners here. The technical term
"fraction" is not an equivalent, because "fraction" signi-
fies a part only of a location, whereas demasia may sig-
nify a part of a pertenencia or several pertenencias of ir-
regular shape. The term "gore" would be available if it
did not necessarily connote triangularity of shape. See
following Article for a definition of "demasia."

"Titulo" and "titulado" are translated herein "title"
and "under title," respectively. The corresponding terms
used in American Mining Law are "patent" and "patent-
ed," but for various practical reasons the employment of
these equivalents is here avodded.

ARTICLE 6.

When in the location of a mining tract it
is not possible, by reason of the adjoining mining
properties, to reduce the former to complete per-
tenencias, the irreducible portion shall be domin-
ated a demasia, and shall be regarded for all legal
purposes as composed of as many pertenencias as
there are hectares comprised in its horizontal pro-
jection; and any resulting fraction of a hectare
shall be regarded as one pertenencia more.

When the irreducible portion is less, in hori-
zontal projection, than a hectare, it shall likewise
he called a demasia, and shall be regarded for all
legal purposes as a pertenencia.

The Regulations shall prescribe the terms
and conditions under which pertenencias and
demasias shall be located.

COMMENTARY. A hectare covers 2.471 acres, that is,
10,000 square meters, a 'meter measuring 39.37 inches.
The principles underlying Arts. 4 and 6 in respect of the
shape of the pertenencias constituting a mining property
are these: where possible the ground located must con-
sist entirely of true pertenencias; where this is impossi-

THE MINING LAW.

ble, then the irreducible excess is termed a demasia, and
is deemed to be composed of as many pertenencias as
there are hectares contained in its area. It will be noted
that a demasia may comprise less, or may comprise more,
than one pertenencia. A demasia is simply a grant, or
a part of a grant, which does not contain a -square hec-
tare. It may embrace only one or part of one irregularly-
shaped pertenencia, or several such pertenencias..

For the conditions under which pertenencias may be
located, see pages 21 to 28 of the Introduction and the
General Regulations in Part Three of this book.

ARTICLE 7.

The owner of a mining property has the right
to extract and make use of every substance
enumerated in Article 1, whether found on the
surface or in the subsoil of the mining property.

COMMENTARY. The intent of the Article can be
made clear by an illustration. If a property is denounced
as a copper mine, for instance, and it should afterwards
be found to -contain Jead deposits, no fresh mining title
will be required to mine the lead ore. But the same mine
could not be worked under the grant as a marble quarry,
because marble is not one of the substances subject tn
Federal gift, and is therefore not embraced in the mining
title issued by the Federal Government.

For a statement of the general principles of the Mex-
ican mining law by virtue of which a mineral grant gives
a right to the minerals only, and not to the possession of
the surface ground, see page 6 of the Introduction. In
regard to the conditions under which a, miner may secure
the use or ownership of the surface ground, see Chapters
IV and VI of this Law, entitled LEGAL EASEMENTS
and EXPROPRIATION, respectively, Arts. 61 to 78 and 87
to 96.

ARTICLE 8.

Mining operations may not be extended be-
yond the boundaries corresponding to each prop-
erty, according to the title-deed, even though the
adjoining land be free ground.

THE MINING LAW.

COMMENTARY. The owner of a mining grant may
not, except by virtue of an easement, cross the vertical
planes of his property, either above or below the surface.
His operations must be confined within his boundary
lines drawn downward indefinitely and perpendicularly to
the horizon. The Mexican law recognizes no subsurface
extralateral rights. In other words, under no circumstan-
ces may a miner follow a lode outside the vertical planes
of 'his grant, the "apex rule" of American mining being
unknown to the Mexican law. Obviously, in the case of
adjoiniing mining properties, the rule stated in the Article
is subject to modification by private agreement.

See Art. 12 of the Law for the meaning of the terms
"free ground."

For the criminal liability involved in a breach of the
rule contained in the Article, see Art. 102 of the Law.

ARTICLE 9.

The use and enjoyment of the waters spring-
ing in the interior of the workings of a mining
property belong to the owner of the latter; con-
sequently he may draw such waters and dispose of
the same, with all the substances contained there-
in, whether in a state of suspension or of solu-
tion. He shall have no right, however, to claim
any indemnity when the said waters are exhausted
or diminished as the result of the unwatering of
other mining properties-

Whenever the appearance of water in the in-
terior of the workings produces the drying-up or
the diminution of springs belonging to other par-
ties, the latter may recover the waters belonging
to them, but without depriving the owner of the
mining property of the water needed by him for
the conduct of his enterprise and without right to
exact from him any indemnity.

The transfer or the loss of ownership of a
mining property involves, respectively, that of the
use and enjoyment of the water existing or
in the interior of the workings.

THE MINING LAW.

COMMENTARY. It will he noted that the owner of a
mining property is also the own,er of the waters spring-
ing from the mine; but this ownership is subject to the
following limitaitions. Only the water springing from the
workings of the mine belongs to the owner; springs exist-
ing on the mining property belong .to the owner of the
surface ground. If the draining or unwatering of a
neighboring mine results in the drying-up or diminution
in volume of waters owned by a miner unsder this Article,
the latter can claim neither the recovery of the water nor
compensation. When, however, the appearance of water
in the mine results in the drying-up or diminution in flow
of springs belonging to another party, the latter may de-
mand the restitution of the water so lost, except that the
mine-owner has the right to retain such an amount of wa-
ter as he may need for the operation of his enterprise, and
for this he is not required to make any compensation to
the owner of the springs.

The limited character of the ownership referred to is
shown by the provision contained in the last paragraph
of the Article. If the mine is transferred to another par-
ty by sale or otherwise, the right to the use and enjoy-
ment of the water in question passes, in the absence of
any stipulation to the contrary, with the property; and on
the same principle, if the mines are lost through failure
to pay the mining tax the waters are also lost. However,
so long as 'the title to the mines is not forfeited, the
owner may make use of the waters for agricultural or in-
dustrial purposes, or may even sell them; 'but he cannot
give a good property title, since the vendee would, in the
event of a forfeiture of the mining property, lose all his
rights in the waters bought.

ARTICLE 10.

Tlie mining industry is of public utility. Conse-
quently, owners of mining properties have the
right of expropriation in the cases and under the
conditions prescribed in this law.

COMMENTARY. See Chap. VI of the Law, entitled
EXPROPRIATION, Arts. 87 to 96.

CHAPTER II.

ACQUISITION AND FORFEITURE OF MIN-
ING PROPERTY.

ARTICLE 11.

Alining property is acquired originally from
the Nation, by means of a title issued by the Ex-
ecutive Power through the Departmento of Fo-
mento, after denouncement and the other requisites
established by this law.

COMMENTARY. To denounce a mine means to ap-
ply to the Government for a patent or title thereto. See,
further, Chapter II of the Introduction.

The Mining Agent is the local representative of the
Department of Fomento, in regard to which latter, see
note to Art. 13 of the Law.

To mine without a title is a criminal offence. See
Art. 102 of the Law.

ARTICLE 12.

Only denouncements of mining pertenencias
in free ground shall be permitted. Pertenencias
under title and those in respect of which a de-
nouncement is pending shall not be regarded as
free ground.

COMMENTARY. By "free ground" is meant ground
not already covered by a mineral grant or a denounce-

THE MINING LAW.

menlt. It may be public land or private land. See also
the following article.

In regard to the use of the phrase "under title," see
translator's note under Art. 5 of the Law.

As to the exact effect of the admission of a denounce-
ment, as distinguished from its reception, see mote to Art
21 of the Law.

ARTICLE 13.

Until the expiration of the term of thirty
days from the date on which the proper notice
shall have been posted on the Bulletin board of
the Agency, the following shall likewise be regard-
ed as not free ground:

I- Pertenencias the title to which has been
declared forfeited.

II. Pertenencias in regard to which the de-
nouncement proceedings have been definitively
disapproved.

II. Pertenencias which are declared free by
the Department of Fomento, in accordance with
this Law.

COMMENTARY. The purpose of the Article is to

give all persons an equal opportunity to denounce forfeit-
ed mining grants and mineral ground which 'has been,
the su'bject of rejected applications, and to prevent the
improper use of information secured through private
channels. As to the method of computation of the term,
of thirty days, see Art. 36 of the General Regulations.

The Department of Fomento exists for the purpose
of promoting and encouraging the development of the
mining interests, agriculture, and the industries generally.

The only cause of forfeiture of mining grants is non-
payment of the miming tax. See Art. 51 of Law.

The Agency referred to is the local Mining Agency.
See Introduction, page 22; also Arts. 1 to 13 of the Gen-
eral Regulations, Part Three of this book.

THE MINING LAW.

ARTICLE 14.

A denouncement shall not be admitted if the
denouncer has been guilty of default in respect
of a former denouncement covering all or part of
the same property- This disqualification shall en-
dure for one year from the date of the declara-
. tion of default.

COMMENTARY. It will be noted, from the above
and succeeding articles of the chapter, that some breach-
es of the law cause an applicant to be declared in default
("moroso") ; while others, less serious in character, cause
only the declaration that he has withdrawn his denounce-
ment ("desistido"). The latter declaration will not bar
or prejudice a fresh denouncement of the property by the
same party, provided, of course, that no other application
has been filed in the meanwhile.

ARTICLE 15.

The denouncement shall be made in writing
and in duplicate, and shall set forth the name
age, ocupation, nationality, domicile and resi-
'dence of the denouncer, the substances which it
us proposed to mine principally, the number of
pertenencias, their location on the ground, with
the indications which serve to identify them, the
designation of the adjacent mining properties, if
any, and the situation of the pertenencias.

COMMENTARY. See Chapter II of the Introduction
for a form of denouncement im Spanish, with English
translation and explanatory foot-notes; and Arts. 16 and
17 of the General Regulations, Part Three of this book.

ARTICLE 16.

The denouncer shall file with his application
the certificate of deposit of the value of the

THE MINING LAW.

stamps which the law requires to be affixed to
the title-deed.

COMMENTARY. See initial articles of the Mining
Tax Law, Part IV of this 'book; also Arts. 34 and 36 of
the Law.

ARTICLE 17.

The denouncer may designate approximately
the number of pertenencias in the following
cases :

I. When in the denouncement itself the boun-
daries of the property are quite clearly defined, in
terms which may be easily identified on the ground.

II. When the pertenencias denounced are en-
tirely surrounded by properties already under
title or by pertenencias denounced .and surveyed.

COMMENTARY. Briefly: Where the boundaries of
the ground denounced are unmistakable, the number of
the pertenencias may be stated approximately.

ARTICLE 18.

in the cases referred to in tLe preceding ar-
ticle, if the deposit made under Article 10 should
be for a larger amount than that due, the excess
shall be returned to the denouncer.

If the deposit should be for a less amount,
the denouncer shall pay in the difference, and if
he fails to comply with this obligation he shall be
deemed to have withdrawn his denouncement.

COMMENTARY. As to the effect of such assump-
tion of withdrawal, see note to Art. 14 above.

THE MINING LAW.

ARTICLE 19.

Each denouncement shall comprise a single
pertenencia or an aggregation of contiguous per-
tenencias. A denouncement may also comprise
pertenencias which are not contiguous, provided
the following conditions concur:

I. That within the perimeter of the ground
denounced, there exists properties under title or
pertenencias prevously denounced.

II. That all the pertenencias denounced are
located on the same vein and lie within the dis-
trict of the same Mining Agency

COMMENTARY. The case contemplated in the Ar-
ticle is that of a denouncement of a piece of ground hav-
ing within its 'boundaries some land not open to de-
nouncement. In such a case it is not necessary for all
the pertenencias to be contiguous, provided They lie along
the same vein and within the jurisdiction of the same
Mining Agency,, and that the lack of continuity in the
pertenencias denounced is due to the presence of unde-
nounceable ground and is therefore unavoidable.

ARTICLE 20.

The denouncement shall be presented person-
ally by the denouncer, or by a lawful representa-
tive, or by an attorney-in-fact with power under
a public deed or under letters of attorney. In this
last case it shall be necessary for the principal to
ratify the leters of attorney by means of a public
deed or by an appearance in person, within the
sixty days following the presentation of the de-
nouncement.

COMMENTARY. A public deed is one signed before
a notary and inscribed in his notarial protocol. Certified
copies are issued to the parties thereto, the original re-
maining permanently in the archives of the notary. A
public deed differs from a private instrument chiefly in

THE MINING LAW.

the fact that the execution of the latter requires no nota-
rial intervention and is less formal and solemn. Letters
of attorney ("carta poder") may consist of a simple letter
addressed to the attorney (not to the Mining Agent), and
stating the power conferred. It should be in the Spanish
language and must bear the signature of two witnesses.
If signed in the Republic, there must be affixed a five-
cent revenue stamp, cancelled by the writing or stamping
thereon of the name of the principal and the date and
place of signing. If the power of attorney, whether in
the form O'f a deed or of a letter, is executed abroad, it
must be "legalized" before it can be used here. See note
under Art. 86 of the Law.

By "lawful representative" is meant a person whom
the law vests with the right to represent another: as a
husband to represent his wife; or a tutor, his ward. The
general manager of a Mexican mining corporation' is vest-
ed by law with authority to denounce mines for his com-
pany. It is advisable, 'however, to cover this in the By-
Laws.

ARTICLE 21.

The Mining Agent shall receive the denounce-
ment, note the same in his register, and set down
in the latter and in the original and duplicate of
the denouncement the day and hour of filing. The
denouncer may demand that these annotations be
made in his presence. If, in the judgment of the
Agent, the denouncement is not sufficiently clear,
he shall request of the party presenting the same
the necessary explanations and shall set forth
these explanations in the original and in the dupli-
cate denouncement and in the register book. The
lack of explanation shall not be ground for failing to
register the denouncement-

COMMENTARY. It will be seen from this and the
three succeeding articles that a Mining Agent may not,
under any circumstances, refuse to receive and record a
denouncement filed with him. If, however, within three
days after the filing he finds that the denouncement em-
braces ground already covered by a mining title or pre-
49

THE MINING LAW.

viously denounced, or that such denouncement is other-
wise radically defective, the admission will be denied and
action thereon suspended. But all decisions of the Min-
ing Agent are subject to review by the Department; and
if the Agent denies the admisson, his decision will be
subject to immediate review by the Department at the
instance of the party in interest. After admission, the
denouncement, if it fulfils the requirements of the law,
and subsequent formalities have been complied with, will
be approved in due course by the Department and a
title issued. See the three succeeding Articles and Arti-
cles 30, 34 and 48 of the Law; also the provisions of the
Mining Tax Law, Part Pour hereof.

In regard to the criminal liability of a Mining Agent
who falsifies documents, see Arts. 98 to 101 of the Law.

In regard to the obligation of a disqualified Agent to
register a denouncement filed, see Art. 8 of the General
Regulations, Part Three of this book.

ARTICLE 22.

The requirements indicated in the preceding
article shall be observed even in the case of de-
nouncements presented, either simultaneously or
successively, in respect of the same pertenencias.
without prejudice to the provisions of Article 24.

COMMENTARY. It will be noted that several de-
nouncements covering the same piece of ground may be
received, by the Agent, but of these only the first one
filed meeting the requirements of the law, is admitted.
See, further, notes under Arts. 21 and 49 of the Law.

ARTICLE 23.

Within three days after the presentation of
the denouncement, the Agent shall determine
whether or not it shall be admitted. In the form-
er event he shall set in motion the procedure; in
the latter, he shall set down in writing the
grounds of his decision, which shall be reviewable
by the Department of Fomento, at the instance
of the denouncer.

THE MINING LAW.

COMMENTARY. See also the two preceding articles
and notes thereunder.

The central feature of any proceeding conducted un-
der the Mexican law, whether judicial or administrative,
is the "expediente." This consists of the originals of all
documents filed in the case, arranged as received or in
chronological order, and carefully stitched together. The
"expediente" is the complete and original record of the
case to date, and wherever the proceedings may happen
to be, whether in progress or in suspension, there also
will be found the "expediente," or a copy thereof.

ARTICLE 24.

When two or more denouncements presented
simultaneously and referring to the same perte-
nencias shall have been declared admissible, the
casting of lots shall determine which denounce-
ment shall be set in motion, unless the prefer-
ence be determined by agreement between the par-
ties in interest.

COMMENTARY. See Arts. 14 and 15 of the General
Regulations, Part Three of this 'book.

ARTICLE 25.

The procedure shall comprise the appoint-
ment of an expert to survey the property and to
make the plans, the publication of an abstract of
the denouncement, the publication of the notice
that the work of the expert has been filed with
the Agency, and the opposition proceedings, if
any.

COMMENTARY. "Oposicion" is herein translated
"opposition," "opposition proceedings," or "opposed
2laims," the technical terms "protest" and "adverse claim"
being avoided in the translation. Compare remarks un-
der Art. 5 of the Law. For like reasons, "opositor" is ren-
dered "opposing claimant," and not "adverse claimant."

THE MINING LAW.

The expert referred to in the Article performs an of-
fice similar <to that of the Deputy Mineral Surveyor under
the laws of the United States. As to the criminal liabil-
ity of a surveyor guilty of falsification, see Arts. 98 to 101
of the Law.

In regard to the appointment of the expert and his
duties, see Arts. 7, VII, 18, 19, 20, 21, 22, 23, 24, 25, 26. 27,
28 and 29 of the General Regulations, Part Three of this
book.

In regard to the publication of the notices referred
to in the article, see Arts. 21, 22, 23, 27, 30, 34 and 35 of
the General Regulations.

ARTICLE 26.

If no oppostion of a nature to cause the sus-
pension of the administrative proceedings shall
have been filed before the expiration of the term
set for their completion, the Agent shall transmit
to the Department of Fomento a copy of the record
as it stands.

COMMENTARY. Compare Art. 43 of the Law.
See Arts. 11 and 20 of the General Regulations, Part
Three of this book.

ARTICLE 27.

The Department of Fomento shall examine
the record, and if approval of the same is proper,
shall grant the denouncer a term within which to
construct the monuments and to prove that he has
constructed them. Upon compliance with this
requisite by the denouncer, there shall be issued
to him the title-deed, which shall vest the lawful
possesion of the proprety without need of further
formality. If the denouncer fails to erect the
monuments within the term granted him, he shall
be declared in default.

THE MINING LAW.

COMMENTARY. The Article does not authorize the
holder of a valid mining title to use force to secure actual
possession of hits grant. His entry must be effected
peaceably, the assistance of the local judicial authorities
being invoked where necessary.

A declaration of default will cause the applicant to
lose all his rights under the denouncement, and the ground
denounced will be declared free. See also Art. 14 of the
Law.

Ini the matter of monuments, see Arts. 27, 32, 33, and
34 of the General Regulations, Part Three of this book,
and Transitory Article 8 of the Law.

ARTICLE 28.

The Department of Fomento shall disapprove
the record when the denouncement or the proced-
ings are defective by reason of an infraction of
the law or the Regulations, if such infraction is
attributable to the denouncer. In this case, the
disapproval of the record places the denouncer in
default.

COMMENTARY. What constitutes an "infraction" of
the Law or Regulations within the meaning of the Arti-
cle, is a matter left largely to the discretionary judgment
of the Department. Reading this Article with Art. 30, it
is clear that not every defect in the denouncement, even
though attributable to the denouncer, will cause the ap-
plication to be disapproved. On the one hand, if the
property denounced is not clearly identified, or if pro-
ceedings prescribed to safeguard the interests of third
parties have not been complied with, or if the fiscal laws
or regulations of the Federation ihave been infringed, then,
in any of these cases, the record will in all probability be
disapproved. On the other hamd, errors of form merely,
as distinguished from errors of substance, will be regarded
leniently, and an opportunity be given for their amend-
ment under the provisions of Art. 30. Needless to add,
that the greatest care should be exercised to avoid all er-
rors and defects in the proceedings or in the papers filed,
since they always cause trouble and delay.

In reference to default, see Art. 14 of the Law and
note thereon.

THE MINING LAW.

ARTICLE 29.

If the infraction of the law or Regula-
tions is not attributable to the denouncer, the
Department of Fomento, in view of the evidence
presented, which it shall pass upon according to
its judicial discretion, shall decree the validation
of the proceedings wherein defective.

ARTICLE 30.

The Department of Fomento may direct the
amendment, by the proper party,, of defects in the
denouncements or the proceedings when such de-
fects do not involve infractions of this law or of
the Regulations. A denouncer who, in su h a case
shall not comply with the instructions of the De-
partment of Fomento shall be declared to have
withdrawn-

COMMENTARY. As to what is regarded as an in-
fraction of the Law or Regulations, see note under Art.
28 above.

A declaration of withdrawal does not prejudice a fresh
denouncement of the same ground by the same party.

ARTICLE 31.

In cases of infraction of the law or Regula-
tions, or defects in the proceedings, attributable
to the Agent or to the surveyor, the Department
of Fomento shall exact the penalty from the one
or the other, without prejudice to the right of
the denouncer to demand from the proper party
indemnification for the loss and damage suffered.

COMMENTARY. For the criminal liability involved
in cases arising under this Article, see Arts. 98 to 101 of
the Law.

THE MINING LAW.
ARTICLE 32.

A denouncer who fails to attend meetings or
other proceedings described by this law or the
Regulations shall be declared to have withdrawn.
The Department of Fomento may, however, ex-
cuse such absence when the denouncer shows that
it was due to causes not attributable to him. In
such a case the proceedings shall be ordered re-
instated, in so far as may be necessary, but no ex-
cuse whatever shall be admitted from the denoun-
cer if he fails to attend the new meeting or pro-
ceeding called.

COMMENTARY. Compare Arts. 39 and 45 of the
Law.

ARTICLE 33.

A denouncer who has not been guilty of a de-
fault may withdraw his denouncement before the
Department of Fomento issues its final decision
on the record.

COMMENTARY. See note under Art. 14 of the Law
regarding the advantages of -withdrawal as compared
with defaulting.

ARTICLE 34.

A failure to furnish revenue stamps shall not
suspend the procedings- In the interim the folios
of the record shall be legalized wth the seal of
the Agency; but the Department of Fomento shall
require the stamps to be affixed before rendering-
its final decision on the record. If the denouncer
fails to furnish the stamps within the term allow-
ed him for that purpose, he shall be declared to have
withdrawn.

THE MINING LAW.

COMMENTARY. See Mining Tax i^aw and Regula-
tions, Part Four of this 'book; also Art. 16 of the Law.

ARTICLE 35.

A failure to pay fees to the Mining Agent, as
provided in the Regulations, shall be ground for
the declaration that the denouncer has withdrawn.

COMMENTARY. See Schedule of charges appended
to the Genera] Regulations.

ARTICLE 36.

In every case of withdrawal, whether volun-
tary or by operation of the law, and when a de-
nouncer is guilty of a default, the deposit made
upon filing the denouncement shall be applied, in
the first place, to the payment of the stamps
omitted from the record, and in the second place,
to the payment of the fees of the Mining Agent;
but if the amount of the deposit is not adequate,
the denouncer shall be liable for the payment of
the difference.

ARTICLE 37.

The following are grounds for opposition to
a denouncement:

I. A partial or a total invasion of the perte-
nencias covered by a title which has not been de-
clared lapsed.

II. A denouncement lawfully filed previously
in respect of a part or of all of the same perte-
nencias.

COMMENTARY. The property tax referred to is the
Federal Mining Tax. See Part Four thereof.

THE MINING LAW.

See Art. 8 of the Law and motes thereunder in regard
to what constitutes an invasion or overlapping.

It will be noted from the terms of Article 43 of the
Law that the above classification of the grounds of oppo-
sition is not exhaustive. If the ground of t'he opposition
falls within the terms of the above article, the proceed-
ings before the Mining Agent are suspended; otherwise,
they are not.

See Art. 37 of the General Regulations, Part Three
of this book.

ARTICLE 38.

Any opposition based on one of the grounds
established in the preceding article shall be filed
with the Mining Agent, within the terms fixed by
the Regulations.

COMMENTARY. But see also Art. 44 of the Law.

For a summary of the general principles underlying
this and the succeeding five articles, see the notes under
Article 43 below.

See Arts. 31 and 37 of the General Regulations. Part
Three of this book.

ARTICLE 39.

When the opposition shall have been filed, a
meeting shall be called for the purpose of procur-
ing an agreement between the parties, following
the procedure laid down by the Regulations. Upon
failure to reach an agreement, the parties shall be
informed forthwith that they may elect either the
administrative or the judicial form of trial for
the adjudicaton of the claims of the opposition.

COMMENTARY. See Arts. 32 and 45 of the Law re-
garding the effect of a failure to attend the meeting here
referred to.

See Arts. 39 of the General Regulations, Part Three
of this book, and page of the Introduction.

THE MINING LAW.

ARTICLE 40.

If the parties do not elect at once the ad-
ministrative form of trial, the further progress
of the record shall be suspended, and the said rec-
ord shall be transmitted, within twenty-four
hours, to the judicial authorities for the trial of
the case, in accordance with the provisions of
Chapter VIII of this Law.

COMMENTARY. It will be noted that either party
may compel a trial by the courts. The denouncer, or
second denouncer, as the case may be, is the party-plain-
tiff in such cases, but he has in his favor the rebuttable
presumption that the ground denounced is free. See
Arts. 112 to 115 and 122 of the Law.

ARTICLE 41.

In the event that the parties elect the admin-
istrative form of trial, the progress of the record
shall continue, in order that, at the proper time,
the Department of Fomento, after hearing the de-
nouncer and the opposing claimant, in accordance
with the provisions of the regulations, shall defin-
itively adjudicate the claims of the opposition.

COMMENTARY. See Art. 44 of the General Regu-
lations, Part Three of this book.

ARTICLE 42.

If the parties shall have elected the adminis-
trative form of trial, they shall have no right to
apply for a judicial trial; but if they shall have
elected the latter, they may, so long as the final
judgment has not ben rendered, submit the claims
of the opposition to the Department of Fomento
for determination.

THE MINING LAW.
ARTICLE 43.

Any ground of opposition distinct from those
specified in Article 37 shall be alleged before the
Agency, but shall not cause the suspension or the
progress of the record. The Department of Fo-
mento, when the record comes before it for review
shall examine the ground alleged and shall deter-
mine whether or not it should be given considera-
tion. In the affirmative event, the claims of the
opposition shall be tried and adjudicated,
following, in so far as applicable, the provisions
of Articles 39 to 42. If the Department of Fo-
iiiento rejects the c^ims of the opposition, the
said Department shall proceed as if these claims
had not been presented, without prejudice to the
rights of the opposing claimant.

COMMENTARY. In regard to the failure to present
an opposing claim to the Mining Agent, see also succeed-
ing Article.

The following principles underlie the determination
of claims set up against the granting of a mining title.
In all cases the parties may agree to submit their claims
to the Department of Fomento for final decision. Failing
such agreement, the courts have jurisdiction, with the ex-
ception next stated.

If the adverse claim is not based upon some alleged
subsisting title or prior denouncement, but on some other
ground, as, for instance, that the land denounced contains
no minerals or is excluded from denouncement on grounds
of public utility, then the Department has sole initial jur-
isdiction and a declaration by the latter against such
claim is virtually final. If, however, the Department ad-
mits the conisideiration of such adverse claim, it is then
tried and finally determined by the Department or by the
Courts, as the parties may elect under the rule first above
given.

A party deeming his constitutional rights infringed by
a decision of the Department may appeal to the Federal
Courts for protection, under what is termed an "amparo"
proceeding. Such appeals are very rare in the circum-
stances indicated.

THE MINING LAW.

See Art. 31 of the General Regulations, Part Three
of this book.

ARTICLE 44.

The Department of Fomento may take under
consideration during the revision of the record,
any opposing claims presented to it, provided that
the opposing claimant shows that he failed to
present his case to the Mining Agency owing to
causes not attributable to him.

COMMENTARY. See also note under Art. 122 of the
Law.

ARTICLE 45.

An opposing claimant who fails to attend the
reconciliatory meeting shall be deemed to have
withdrawn. The Department of Fomento may,
however, excuse such abscence when the op-
posing claimant shows that it was due to causes
not attributable to him. In such a case, the pro-
ceedings shall be ordered reinstated in so far as
may be necessary; but in respect of the new meet-
ing called, no excuse whatever shall be admitted
from the opposing claimant-

COMMENTARY. Compare Arts. 32 and 39 of the
Law.

A withdrawal under the circumstances indicated in
the Article is final and conclusive as between the appli-
cant for the grant and the adverse claimant, but not as
between the applicant and the Federal Government. The
latter, representing the Nation, is itself interested in
granting a title only where such a course is proper, en-
tirely irrespective of the claims of private parties. A title
will be issued only where the Law and Regulations so
warrant. See, further, Arts. 44 and 122 of the Law and
notes thereunder.

THE MINING LAW.

ARTICLE 46.

Applications the object of which is the reduc-
tion of the number of pertenencias comprised in
a denouncement shall be admissible only within
the first forty days of the proceedings. In no case
shall such application produce the effect of modi-
fying the term for the presentation -of the plans,

COMMENTARY. In regard to t!he reduction of the
number of pertenencias in general, see Chap. Ill of the
Law, Art. 52.

ARTICLE 47.

Applications the object of which is to modify
a denouncement so as to augment the number of
pertenencias comprised therein, shall not be ad-
mitted. Such augmentation shall require an in-
dependent denouncement.

ARTICLE 48.

The decisions of Mining Agents rendered
during the progress of the record are reviewable
by the Department of Fomento upon petition of
the party in interest.

COMMENTARY. See Art. 11 of the General Regula-
tions, Part Three of this book.

ARTICLE 49.

The title shall be issued without prejudice to-
the rights of third parties, in favor of the de-
nouncer. For the title to be issuable in favor of
some other party, the right of the latter must be
proved by means of a public instrument.

THE MINING LAW.

COMMENTARY. The law prohibits the use of force
to secure actual possession of a mining grant. In case
physical resistance is offered to a person holding a valid
title, the aid of the local judicial authorities should be
invoked. It will be noted that the Government in no
wise guarantees that the title it issues will be effective.
The title-deed itself always states clearly that the grant
is made without prejudice to any existing rights of third
parties. It sometimes happens that mining titles appar-
ently valid and effective overlap. They will cover, in
part at least, the same ground. In such an event the grant
bearing the earlier date is preferred in law and vests
the true title, subject to the provisions of Art. 86 of the
law in regard to registration. But consult also Arts. 52
to 60 of the Law, and especially 58 and 59.

A party 'holding a prior title who has failed to op-
pose in due course the issue of a second title by the De-
partment to the same property, is not thereby debarred
from subsequently bringing action in the courts to deter-
mine the question of true ownership. It saves expense
and trouble, however, to file and prosecute the opposi-
tion at the proper time with tne Mining Agent or before
the Department, in accordance with the provisions of
Art. 38 and subsequent articles.

To mine without a title is a criminal offence. See Art.
102 of the Law.

Set Art. 116 of the Law regarding the annulment of a
title by the Government on the ground of fraud.

See Art. 151 of the Law in the matter of replacing lost
title-deeds.

As to what is a public instrument, see note under Art.
20 of the Law.

ARTICLE 50.

The Department of Fomento may refuse to
issue a mining title, even though the record of
the proceedings be regular if there exists a ground
of public utility established by law warranting
such refusal, and provided that the denouncer be
reimbursed the lawful expenses incurred by him
in the denouncement. If the reason of such a de-
cision should disappear, the Department of
Fomento shall so declare, and a notice to that

THE MINING LAW.

effect shall be published pursuant to the terms
of the Eegulations, in order that the denouncer
to whom the issue of the title was denied may
make application for the same within ninety days.
If the denouncer fails to avail himself of this
right before the expiration of the said term, the
pertenencias shall be deemed free ground.

COMMENTARY. The mineral grant or title issued by
the Federal Government is not a matter of grace, but of
"ight. The Department may not ueny the application for
a grant except by virtue of some provision of the Law or
Regulations. It will be noted that this Article permits the
'denial of a title on the ground of public utility only when
such public utility is of the kind established by law.

See Arts 35 and 36 of the General Regulations, Part
Three of this book.

ARTICLE 51.

Mining property shall be forfeited for the
non-payment of the Mining Tax, pursuant to the
provisions of the law relating thereto.

COMMENTARY. Mining property held under a Gov-
ernment grant is not subject to forfeiture except for non-
payment of the Federal tax. See the Mining Tax Law,
Part Four of this book; also Art. 145 of the Mining Law in
regard to the right of a stranger to pay the tax; and Art.
o4 of the General Regulations, Part Three of this book.

CHAPTER III.

REDUCTION OF PERTENENCIAS. UNDER
TITLE. CORRECTION OF LOCATION OF
PERTENENCIAS CORRECTION OF TI-
TLE DEEDS. DIVISION OF MINING-
PROPERTIES.

ARTICLE 52.

When it is desired to reduce the number of
pertenencias constituting a mining property, the
application for the reduction, together with the
corresponding title-deed, shall be filed with the
proper Mining Agency. The procedure in such a
case shall comprise the making of new plans and
the issuing of a new title-deed, the original be-
ing cancelled.

When the issue of the new title-deed shall
have been ordered, the surplus of the ground
comprised in the original title shall be declared
free, and the party in interest shall be allowed a
term for the erection of new monuments, follow-
ing the provisions of Art. '11-

COMMENTARY. See Arts. 45, 46 and 50 of the Gene-
ral Regulations, Part Three of this book.

In regard to the augmentation of a mining denounce-
ment, see Art. 47 of the Law.

THE MINING LAW.
ARTICLE 53.

The correction of the location on the ground
of pertenencias covered by title, for the pur-
pose of adjusting such location to that indicated
in the denouncement and in the title-deed, shall
be lawful. The correction referred to in this ar-
ticle shall not require the issue of a new title.

COMMENTARY. See Arts. 47 and 50 of the General
Regulations, Part Three of this book.

ARTICLE 54.

When the location of the pertenencias, as in-
dicated in the title-deed, does not correspond with
the location as described ^n the denouncement,
the correction of the title and the issue of a new
title-deed shall be proper, even when the loca-
tion on the ground accords with that described in
the denouncement.

COMMENTARY. It will 'be noted from this and the
succeeding articles of the chapter that the data contained
in, the denouncement, and not in the title-deed, is made
the basis and standard of all corrections. See Art. 59 of
the Law.

See Arts. 48 and 50 of the General Regulations, Part
Three of this book.

ARTICLE 55.

When neither the location of the pertenencias
on the ground, nor that designated by the corres-
ponding title-deed, accords with the location as de-
scribed in the denouncement, the correction of the
location and the issue of a new title shall be
proper.

COMMENTARY. See Arts. 48 and 50 of the General
Regulations, Part Three of this book.

THE MINING LAW.

ARTICLE 56.

The corrections referred to in the three pre-
ceding articles may be made upon petition of the
owner of the property or of the adjacent proprie-
tors interested, or by the direction of the Depart-
ment of Fomento acting upon its own initiative.
In the latter case the final decision of the Depart-
ment of Fomento shall be without prejudice to
the rights of the mine-owner and pf the adjacent
proprietors believing their rights to be in-
fringed.

ARTICLE 57.

In every case where the location of the per-
tenecias on the ground undergoes modification,
the Department of Fomento shall set a term for
the erection of proper monuments, under the
sanction provided in Article 101. The said De-
partment shall suspend the issuance of a new
title, where it is proper that this should be issued,
pending the erection of the monuments.

COMMENTARY. See Art. 27 of the Law and notes
thereunder.

ARTICLE 58.

The Department of Fomento at the request
of the owner of the property, may direct the
amendment, administratively and without pre-
judice to the rights of the third parties, of any
errors existing in the title-deed, provided that the
amendment does not affect the location of tLe
property. In this case a new title-deed may be
issued and the preceding one cancelled.

THE MINING LAW.

COMMENTARY. See Arts. 47 and 50 of the General
Regulations, Part Three of this book.

ARTICLE 59.

All corrections shall be based on the data
contained in the denouncement.

COMMENTARY. It will be noted throughout the
chapter that the denouncement, and not the title-deed, is
made the basis of til corrections.

See Arts. 26 and 28 of the General Regulations, Part
Three of this book.

ARTICLE 60.

In order that the division of a mining prop-
erty into two or more properties, shall produce
legal effects, the presentation of new plans in
accordance with the provisions of the Regulations
and the issue of new title-deeds, with the cancella-
tion of the prior title-deed, shall be necessary re-
quisites.

Before the new title-deeds are issued, the pro-
visions of Art. 57 shall be observed.

COMMENTARY. See Art. 4 and notes thereunder in
regard to the indivisibility of the pertenencias.

See Arts. 49 and 50 of the General Regulations, Part
Three of this book.

CHAPTER IV.

LEGAL EASEMENTS

ARTICLE 61.

Common properties shall suffer in favor of
mining properties the legal servitudes of passage.

THE MINING LAW.

drainage, aqueduct, ventilation, and transmis-
sion of electric power.

Mining properties shall not be subject to any
legal servitude but those of drainage and ventila-
tion in favor of other mining properties.

COMMENTARY. By the phrase "common properties"
is meant non-mining properties, and it -will be found so
translated hereinafter.

Servitudes or easements are either legal or voluntary.
Legal easements are those which the law recognizes as a
natural and necessary consequence of the relative situa-
tions of the dominant and servient estates. Upon the-
making of a money payment to cover the loss and 'damage
suffered, the creation of a legal easement may be compelled
by the owner of the dominant estate. Until such easement
is formally constituted, however, the right to its enjoy-
ment lies dormant and cannot be exercised. (Art. 71 of
the Law). A voluntary easement requires the consent of
the owners of both estates for its creation. It may impose
any sort of servitude on the servient estate in favor of the
dominant estate, and creates, as do all easements, a true
property right, and not merely a personal right. In other
words, an easement follows the servient estate into the
hands of a third party and cannot be repudiated by the
latter. The deed or document creating the easement must
be registered, however, in order to afford full protection.

The right conferred by an easement inheres and' runs
with the dominant estate, in the same manner that the
corresponding obligation runs with the servient estate.
Consequently, a person losing a mining grant by forfeit-
ure, loses also his right to exercise the easements attached
to the property. Such easements are not extinguished,
however, by such forfeiture, but inure to the benefit of a
subsequent grantee of the mining property, without need
of a fresh creation, provided they have not been lost by
prescription.

This Chapter treats only of legal or obligatory ease-
ments in favor of mining properties. These are of two
kinds: First: where the burden is imposed on non-mining
property; and secondly, where the burden is imposed on
another mining property. Legal mining easements im-
posed on non-mining property are of passage, drainage,
aqueduct, ventilation, or transmission of electric power.
Those imposed on mining property are either of drainage
or of ventilation. These constitute all the obligatory ease-
ments relative to mines; the creation of other forms of

THE MINING LAW.

easement is entirely voluntary and optional with the par-
ties. It must be carefully borne in mind, however, that
under the Mexican, law a mining property, as such, embra-
ces only the mineral deposits in or on the soil, and never
the surface ground generally. Where a miner owns not on-
ly the subsurface, but the surface also, he does so by vir-
tue of two permanently distinct and separate titles, name-
ly: the freehold of the. minerals and the freehold O'f the
soil. The first is a mining estate, and the second a non-
mining estate. His mining estate may be burdened only
with the legal easements of drainage and ventilation ;
whereas his non-mining estate may be 'burdened with the
legal easements of passage, drainage, aqueduct, ventila-
tion, and transmission of electric power.

Where the 'miner has no lease or freehold of the sur-
face ground, it will be impossible for him to work his mines
without the creation of certain easements. For instance,
he cannot lawfully have even a permanent right of access
to his mine without first formally creating an easement of
passage. To avoid trouble and complications, the miner
usually leases or purchases the freehold of the ground in
which his mineral grant is located.

For many practical purposes, the creation of an ease-
ment is a 'form o<f condemnation of property. Strictly
speaking, however, an easement gives only a certain i:se
of a stranger's property; whereas expropriation gives the
property itself. Other essential differences between the
creation of an easement and the expropriation of property
will appear from a reading of this Chapter and Chap. VI
of the Law. See especially Art. 87 and /totes thereunder,
and page 8 of the Introduction.

ARTICLE 62.

The servitudes of passage, drainage and aque-
tluet suffered by non-mining properties in favor
of mining properties shall be governed by the pro-
visions of the Civil Code of the Federal District,
in respect of the rights and obligations of the do-
minant and servient estates; subject to the pro-
visions of the succeeding article in regard to the
easement of passage.

COMMENTARY. See Arts. 942 to 1058 of the Civil
Code of fhe Federal District for the rules , governing the
servitudes referred to.

THE MINING LAW.

ARTICLE 63.

The easement of passage may consist not only
in the right of transit across non-mining proper-
ties, but in the right to install permanently, across
the said properties, transmission cable lines or any
other means of transportation authorized by the
Regulations, if devoted exclusively to the needs of
the exploitation of the mining property and es-
tablishing a means of communication between the
latter and the highway, railroad lines, or reduc-
tion works.

The width of the strip over which the ease-
ment referred to in this article is to be exercised,
shall not exceed ten meters, except by agreement
to the contrary-

COMMENTARY. Compare Art. 87 of the Law.
See Art. 52 of the General Regulations, Part Three of
this book.

ARTICLE 64.

Th easement of ventilation imposed on non-
mining properties consists in the right to comuni-
cate the interior workings of mining properties
with the surface, for the sole purpose of furnish-
ing, to the latter properties, the necessary ventila-
tion.

COMMENTARY. The word "necessary 1 user! here
must be interpreted liberally. The law is solicitous for the
well-being of the operatives working in mines.

The terms "easement" and "servitude" are synonym-
ous, easement denoting rather the right enjoyed by the
dominant estate and servitude the corresponding burden
imposed on the servient estate.

ARTICLE 65.

The easement of transmission of electric pow-
er imposed on non-mining properties consists in

THE MINING LAW.

the right to instal aerial or underground lines
from the point of generation of the electric power
to the mining property where it is to be utilized,
crossing the intermediate properties. It includes,
furthermore, the right of passage, not only for the
construction and preservation of the installations,
but for the patrolling of the same.

The principles relative to the easement of
passage are applicable to the easement of trans-
mision of electric power, in so far as such prin-
ciples are compatible with the nature of the lat-
ter.

ARTICLE 66.

The easement of drainage 'imposed on mining
properties consists in the right to drive tunnels
or openings through the same for the purpose of
draining the workings of other mining properties.
This easement consists also in the right to utilize,
for the drainage of the dominant estate, tunnels
or openings used by the servient estates for a like
purpose.

ARTICLE 67.

The exercise of the easement referred to in
the preceding article does not authorize the tra-
versing of a shaft by drainage tunnels or openings
or the driving thereunder of the latter.

ARTICLE 68.

The servieiit estate may utilize for its drain-
age the same tunnels or openings which, in the
exercise of the easement, have been opened for the
drainage of the dominant estate.

THE MINING LAW.

ARTICLE 69.

The casement of ventilation imposed on min-
ing properties consists in the right to establish
comunications across the same for the purpose
of ventilating other mining properties. This ease-
ment also consists in the right to utilize, for ven-
tilation, the workings of the servient estate, pro-
vided that this is not incompatible with the use
to which such workings are devoted.

ARTICLE 70.

In the exercise of the easement of drainage
and ventilation referred to in Articles 66 and 09
the following ruleg shall be observed:

I. While the work is in progress the owner of
the servient estate shall have the right to employ
an inspector for the protection of his interests. He
shall also have the right to require the construc-
tion of doors at points where the workings of the
servient estate are cut, in accordance with the
terms of the Regulations.

II. When in the course of the work, any of
the substances comprised in Art. 1, and the work-
ings of which pays cost, are found, the owner of
the dominant estate shall hoist these to the sur-
face, notifying the Department of Fomento and
the owner of the servieiu estate If! the latter
fails to dispose of the said substances within the
term of sixty days from the date on which he re-
ceives the notice, they shall remain on the sar-
face at the risk of the owner of the servient es-
tate.

III. If, in the execution of the work in free
ground, any of the substances referred to in the
preceding section are found, the owner of the

THE MINING LAW.

dominant estate, after notifying the Department
of Fomento, may dispose of such as it may be
necessary to extract in the execution of the work,
but he shall have no right to exploit the deposit,
except in the event that he obtain a proper title.
For this purpose he shall have a preferred right
to present his denouncement within a term of
thirty days from the date of the discovery of the
deposit and within a zone of one hundred meters
on each side of the center line of the tunnel-

IV. The right accorded to the owner of the
servient estate- by the provisions contained in the
last part of the first section shall subsist so long
as the easement endures. He shall have a like
right whenever, with his own workings, he cuts
those by means of which the easement in his es-
tate is exercised.

COMMENTARY. Section I of 'the Article. The ins-
pector has a right only to watch and report; 'he may not
personally interfere with the progress of the work.

Sections II and III. For the criminal liability in the
case of a breach of the provisions of these section's, see
Arts. 102 and 103 of the Law.

The Regulations referred to in Sec. I are the Special
Police Regulations, to be issued early in 1910.

Compare Art. 9 of the Law.

ARTICLE 71.

The easements referred to in this chapter
shall be constituted in one of the following ways:

I. By the consent of the owner of the serv-
ient estate, expressed in a public instrument.

II. By a decision of the Department of Fo-
mento.

III. By a judicial decree.

COMMENTARY. All mining easements must ibe con-
stituted in one of the three ways enumerated in the Ar-

THE MINING LAW.

tide. Until so constituted the right to the easement is
dormant and cannot lawfully be enjoyed. See the Intro-
duction, page 9.

ARTICLE 72.

Failing the consent of the owner of the serv-
ient estate, the owner of the dominant estate shall
apply to the Department of Pomento, which, after
hearing the first-named, shall resolve whether or
not the easement should be constituted. In the af-
firmative event, the said Department shall deter-
mine the use and extent of the easement, the
material conditions of its constitution, and the
indemnity to be paid to the owner of the serv-
ient estate.

COMMENTARY. See Art. 51 of the General Regula-
tions, Part Three of this book.

ARTICLE 73.

The decision of the Department of Fomento
authorizing the constitution of the easement shall
be deemed definitive if not excepted to within the
term of thirty days.

ARTICLE 74.

If within the term set in the preceding arti-
cle, the owner of the servient estate shall signify
his dissent, the Department of Fomento may au-
thorize the execution of the work by means of
which the easement is to be enjoyed, the owner
of the dominant estate first executing a guar-
anty to cover any loss or damage that might be
caused.

THE MINING LAW.

COMMENTARY. The effect of the Article is to allow
the necessary construction or excavation work to proceed,
and the right of easement to be exercised, pending final
determination by the courts of the question in dispute.
Compare Art. 89 of the Law.

ARTICLE 75.

The decision referred to in the preceding ar-
ticle shall be comunicated to the owner of the
servient estate, who shall file his suit in court
within the term of thirty days ; but if he fail to do
this, the easement shall be definitively constitut-
ed, and the guaranty shall be ordered cancelled.

ARTICLE 76..

If the Department of Fomento decides that
the easement should not be constituted, or that it
should be constituted under conditions diverse
from those of the petition, the party applying for
the creation of the easement may file his suit in
court within the term of thirty days, after
the lapse of which term he shall forfeit this right.

ARTICLE 77.

In authorizing the constitution of easements,
the Department of Fomento shall be governed by
the provisions of the Civil Code of the Federal
District in matters not expressly covered by this
law. In the constitution of the easements of
drainage and ventilation, the Department of Fo-
mento shall take into consideration the advant-
ages and the inexpediences of the system proposed
as compared with those offered by other known
systems.

THE MINING LAW.

COMMENTARY. The provisions of the Civil Code re-
ferred to are contained in Arts. 942 to 1058.

ARTICLE 78.

The enlargement of easements already consti-
tuted shall be governed by the rules prescribed
for their creation.

CHAPTER A'.

MINING CONTRACTS. REGISTRATION.

ARTICLE 79.

The following shall be deemed mercantile acts
subject to the provisions of the Commercial Code,
in matters not especially provided for in this law:

I. Mining organizations.

II. Contracts having for their purpose the
transfer or operation of mines.

III. Contracts executed in relation to the
products of mines.

COMMENTARY. The purpose underlying the Article
is the unification and Federalizatkm of the laws relating
to the mining industry throughout the Republic. See,
further, note under Art. 3 of the Law. Consult, also, Arts.
107 and 123 of the Law and notes thereunder.,

In the determination of any of the matters named in
the Article, recourse must be had first to the nrovisions of
this Law. If it fails to cover the point in question, the
Commercial Code must be consulted. If the latter also is
silent, the prescriptions of the Civil Code of the Federal
District are applicable if the question is one of property;
but if the question is not one of property, but of personal
status for instance, the local State laws apply. See notes
under Art. 3 of the Law.

THE MINING LAW.

It will be noted that the provisions contained in Art.
24 of the old Mining Law, prohibiting the formation, for
the working o<f mines, of "asociaciones,-' namely, informal-
ly organized companies, are omitted from the new Law.
Consequently, any form of company, partnership or asso-
ciation, known to the Commercial Code, may be organized
to operate or exploit mines. Under Art. 271 of the Com-
mercial Code, which by the terms of the above Article is
implicitly, but clearly, made applicable to mining organiza-
tions, a company or partnership may be formed without
the need of any formalities whatever. For purposes of
proof, however, it is well to reduce the terms of such in-
formal organizations to writing. It s'hould be noted also,
that under Art. 82 below, a public deed and registration
thereof are required for the terms of such an agreement
to be effective as against third parties. Furthermore, such
informally constituted companies or partnerships are not
true corporations. They are net legal entities. The lia-
bility of the associates is not limited to the amount of their
several interests in the association; but each is liable for
all debts contracted by the association to the full extent of
all his belongings. See, further, page 14 of the Introduc-
tion.

The Commercial Code, enacted in 1887 and in force
since 1890, is more liberal in its provisions than the Civil
Codes of the different States and Federal Districts. It re-
gards less the form and more the substance. It is opera-
tive throughout the Republic, not only in mining but in
commercial matters.

ARTICLE 80.

The value attributed to the mining properties
or rights, in the deed of incorporation of a min-
ing company or partnership, by the founders there-
of, shall be regarded as proved for legal purposes.

COMMENTARY. Art. 175 of the Commercial Code-re-
quires taat the value of the property or rights which form
part or all of the capital stock of a company at the time of
organization, shall be proved. In practice this is done by
means of a certificate signed by some professed expert, and;
is little more than an empty formality. Since, at the time-
of organizing a mining company, the value of the mines
to be operated is often unknown or speculative, the new
Law, by the provisions of the above Article, dispenses al-
together with the need or proof of value in such cases.

THE MINING LAW.

ARTICLE 81.

No mining contracts shall be rescindable on
the ground of lesion.

COMMENTARY. The term lesion denotes the injury
suffered by one of the parties to a contract who does not
receive an adequate consideration or equivalent from the
other. The existence of such an inequality of considera-
tioni gives a right to rescind the transaction in certain ca-
ses. As provided in this Article, there exists no right of
rescission on the ground of lesion in mining contracts.

ARTICLE 82.

The offices of the Commercial Register in the
States, Federal District, and Territories shall
keep a special book in which shall be recorded:

I. Title-deeds to mining property.

II. Public deeds and judicial or administra-
ive decisions which transfer or affect the owner-
ship of mining properties or by virtue of which
property rights in the same are created or are
affected.

III. Public deeds containing a promise of
transfer of mining properties or of mining perte-
nencias.

IV. Public deeds and judicial decisions which
affect the operation of mining properties

COMMENTARY. Where the law requires a docu-
ment to be recorded, a failure to record (except in the
case of mortgages) -does not affect the force and validity
of the document as between the parties thereto, but only
as against third parties. See, further, Arts. 85 and 86 be-
low and notes thereunder. The registration of a mortgage
is necessary to its validity even as between the parties.
Art. 1889 of the Civil Code of the Federal District.

Property or real rights C'derechos reales") embrace
all rights in or against the thing itself, whether the prop-
erty be real or personal, and are distinguished from per-
sonal rights, which are inforceable only as against the per-

THE MINING LAW.

soni. The definitions given in the Civil Code of the Federal
District are as follows:

Art. 1326. A personal obligation is one which binds
only the person contracting the same and his heirs.

Art. 1327. A real obligation is one which affects the
thing itself and is operative against any holder of the
same.

It will be noted that, under the Article, all deeds or do-
cuments which affect property rights ("derechos reales")
in mines require registration. This includes all titles,
whether primitive or derivative, deeds, and judicial or ad-
ministrative decisions, touching the ownership of mining
properties, or creating easements in, or in favor of, such
properties, or mortgages thereon. For purposes of mort-
gage and registration, a mining property embraces not only
the mime proper, but all its accessories, such as buildings,
machinery, tools, and live stock. Under the Mexican law,
these are all regarded as real estate ("inmuebles") when
and so long as devoted to the operation of the mine.
Rights of "use," "usufruct," and "possession," annuuities
when secured on the property, and leases when exceeding
six years, also require registration. It will be noted, lastly,
that, under Section IV of the Article, contracts affecting
the operation of the mine must likewise be recorded.

Under the Civil Law, which prevails in Mexico, a mar-
ried woman has community rights (a sort of dower) in
mines acquired by ner husband during the existence of the
marriage, as also in certain other cases. Her signature
should be secured, therefore, to all transfers of mining
property or rights, made by her husband, including options.
A married woman cannot transfer real property without
the 'Consent of her husband expressed in the deed of
transfer.

Regarding the options referred to in Sec. Ill of the
Article, see Art. 86 and notes thereunder.

As to the application of this article to existing unre-
corded documents, see Transitory Article 6 of the Law.

ARTICLE 83.

The registration referred to in the preceding
article shall take place in the office belonging to
the municipality where the mining property is
situated.

THE MINING LAW.

ARTICLE 84.

Title-deeds creating mining easements in lion-
mining properties shall be recorded in the Regis-
tration offices to which the servient estate be-
longs under the law.

ARTICLE 85.

The registration referred to in Sec. Ill of Ar-
ticle 82 shall be effective as against third parties
for the period fixed in the contract, but not to
exceed two years reckoned from the date of regis-
tration, even though a longer term should be set
for the subsistence of the promise.

COMMENTARY. This article contains an important
innovation. Under the old Mining Law, as well as under
the Commercial Code, and the civil codes of most, if not
all, of the States of the Republic, an option to purchase
property binds only the person granting the option. In
other words, it is not a charge on the property and does
not follow it into the hands of third parties, even though
cognizant of the existence of such option. Consequently,
under the old Law, the owner of a mine might give an
option thereon to one party and then afterwards sell it to
another. The only remedy available to the holder of the
option in such a case was a civil or criminal suit, or both,
against the vendor, who, in the meanwhile, might have be-
come insolvent or at least inaccessible. Under the present
Law, the option is a charge on the property, and is effective
against the world. In a word, the option is made a prop-
erty right ("derecho real".) (See notes under Art. 82 of
the Law.) It will be noted, however, that to be so effect-
ive, the option must be registered. Also, that mining prop-
erty cannot 'be effectually tied up under an option for a
longer period than two years. An option given for a longer
period will hold as against the grantor for the full term
agreed upon, but only for the two years as against third
parties.

It will be noted from the wording of Sec. Ill of Art
82 of the Law that only public deeds containing a promise
of transfer will be recorded. Accordingly, a private ins-
trument giving a mining option cannot be registered, and

THE MINING LAW.

cannot, therefore, be made effective as against the world.
Options given in the United States or the United Kingdom
should be acknowledged before a notary there and after-
wards protocolized and registered here. See note under
Art. 86 below.

As a married woman/ has community rights in mines
owned by her husband in most cases, her signature should
be secured to an option given by him. See notes 1 under
Article 82, above.

ARTICLE 86.

When the document requiring registration is
presented to the Office within thirty days from
the date of the signing of the deed or the render-
ing of the decision in the case, the registration
shall be effective as from the date of the docu-
ment. If the document is filed subsequently to
the said thirty days, the registration shall be ef-
fective only as from the date of the filing.

The registration of public documents coming
from abroad shall be effective as from the date
on which a certified copy of their "protocoliza-
tion" is presented to the proper office-

COMMENTARY. Compare the four preceding articles
and notes thereunder.

It will be noted that ifae Article allows a term of thirty
days within which to register a deed, and that deeds re-
gistered within such term are effective as from their date
of signature. In other words, a registration has a retroac-
tive effect. Consequently, a search in the records is not
conclusive as to title, as there 'may exist some unregistered
document affecting the title to the property in question
and bearing date within the thirty days before the search
is made, and this document may be made retroactively
effective by registration. Even a recorded deed is not
conclusive as to title, since there may still exist some
outstanding valid deed whose term of 30 days for registra-
tion has not yet expired. For instance, a deed transferring
a mine is dated April first. On April fifteenth the same
vendor offers the same mine to another party, who, find-
ing no previous sale recorded, purchases. On April twen-
tieth the second purchaser registers his deed of sale. On

THE MINING LAW.

April twenty-fifth the first purchaser offers his deed for
registration. In such case** the mine belongs to the first
purchaser, and purchaser number two, although he has
taken all reasonable precautions, has no right to the prop-
erty, but only a personal action against the fraudulent and
criminal vendor. The only absolutely safe course is not
to pay over the purchase money unless the deed stands
unimpugned on the records of the Registration Office upon
the expiration of thirty days after its signature.

The "protocolization" of a document is its inscription
in the protocol of a notary public. (See note under Art.
20 of the Law.) Documents coming from abroad, to be of
any legal value here, must be "legalized," that is, officially
authenticated by the Mexican Minister or Consul resident
in the territory where the document is executed, whose
signature must in turn be authenticated by the Department
of Foreign Relations in Mexico City. (Art. 455 of the Code
of Civil Procedure of the Federal District.)

CHAPTER VI.

EXPROPRIATION.

ARTICLE 87

The owner of a mining property shall have
the right to occupy, within the boundaries of his
pertenencias, the portion of the surface ground
strictly needed by him for the enjoyment and ex-
ploitation of the surface deposits, for the build-
ings appurtenances and necessities of the mining
operations, and for the installations required for
the treatment of ores extracted from the property
and from the properties annexed thereto if bo-
longing to the same owner.

He shall also have the right to occupy within
or without the perimeter of his pertenencias and
subject to the provisions of the Regulations, the

THE MINING LAW.

necessary ground for the establishment of econ-
omic railroads of a permanent character, devoted
to the service of the enterprise.

COMMENTARY. Economic railroads are those devot-
ed to the needs of the mines and their accessories. The
surface ground of a mineral grant is net embraced in the
grant, but remains the property of the owner of the laud.
To avoid complications, miners usually lease or purchase
the land, either before or after acquiring title *co the mine.
Where this is impossible or undesirable, however, the con-
demnation of a part or of all of the ground can be secured,
where needed to conduct the mining operations. It will be
noted that under the new Law, ground for the installation
of any building, machinery or plant, needed for the ex-
traction of the metal from the ore, whatever the process,
may also be condemned. It is a condition, however, that
the ore to be treated shall be produced by the mineral
grant where the plant is to be installed or by mines oper-
ated by the same organization and belonging to the same
party.

The right to condemn land for railroad tracks is also
an innovation. It will be observed that the terms "devoted
to the service of the enterprise" are broad and comprehen-
sive; also that the land expropriated for a railroad may
lie inside the mining property or outside.

It should not be overlooked that two requisites mus't
be fulfilled before the "right to occupy" referred to in the
Article can' be made effective. First, there must be a de-
cision, either provisional or final, of some competent auth-
ority declaring the expropriation legally necessary; and
secondly, compensation must be made to the owner of the
ground expropriated, or the estimated indemnity placed
in deposit, where the expropriation is provisional. Until
these requisites are complied with, the right to occupy is
dormant and cannot be actively exercised. See Art. 89
below regarding provisional expropriations.

Metallurgical establishments do not fall under the
general provisions of this Law, but are subject to certain
special Federal legislation; and the local State laws.

See page 8 of the Introduction in regard to the mi-
ner's rights in general in the development of his grant;
also Chap. IV of the Law, Easements, and particularly
Arts. 61 to 78.

See Art. 51 of the General Regulations, Part Three of
this book, for tn procedure to be followed.

THE MINING LAW.

ARTICLE 88.

In the absence of any agreement with the
owner of the surface ground, the owner of the
mining property shall apply to the Department of
Fomento requesting the expropriation. The De-
partment, after hearing the first-named, shall
decide whether or not the petition is well-founded,
determining, in the affirmative event, the extent
of the property to be expropriated and the indem-
nity to be paid by the owner of the mining prop-
erty.

COMMENTARY. See Article 94 below and note there-
under.

ARTICLE 89.

The owner of the mining property shall have
the right to occupy provisionally the portion of
ground designated by the Department of Fomento
after placing the amount of the indemnity at the
disposition of the expropriated party. The de-
posit shall be made in the office of the Treasury
named by the Secretary of Fomento.

COMMENTARY. The Article introduces an import-
ant modification of the old Law. It will be noted that
pending the final judgment of the courts, the party secur-
ing a provisional condemnation by the Department has a
right to enter into actual possession of the ground. In
practice, the courts are slow to reverse the decision of the
Department, even though provisional. Consult carefully,
however, succeeding articles of the Chapter. Compare
also Art. 74 of the Law.

ARTICLE 90.

If the owner of the soil offers resistance to
the occupation, the owner of the mining property

THE MINING LAW.

may apply to the competent judge, to be placed
in immediate possession of the ground designated
in the decision of the Department of Fomento.

COM MEN TAR Y. See Art. 118 of the Law t The miner
has no right to use private force to overcome the resist-
ance.

ARTICLE 91.

The administrative decision decreeing the ex-
propriation may be assailed by the owner of the
surface ground in a judicial proceeding, provided
that he communicate his dissent to the Depart-
ment of Fomento and file his action within the
term of thirty days. If the requirements laid
down in this article shall not have been observed
within the said term, the decision of the Depart
ment of Fomento shall be deemed definitively ac-
cepted.

ARTICLE 92.

If the owner of the surface ground declares
his acquiescence in the administrative decision or
fails to assail the same in the manner provided in
the preceding article, or if the said decision is
confirmed by a judicial sentence, the owner of the
mining estate may apply to the competent judge
for the execution of the deed of adjudication in
the premises, which deed shall be signed by the
judge in default of the party expropriated, if the
latter fails to appear to sign the same, within the
time set by the court in its judicial discretion.

COMMENTARY. In the Mexican legal practice it is
not an uncommon procedure for the court to sign for dila-
tory or recalcitrant litigants.

THE MINING LAW.

ARTICLE 93.

If the judicial sentence modifies the terms of
the expropriation as authorized by the Depart-
ment of Fomento, the owner of the mining prop-
erty may exercise the right conferred upon him
by the preceding article, immediately the said
sentence becomes final

COMMENTARY. The right here referred to is that of
securing the execution of the deed of adjudication in, the
premises.

ARTICLE 94.

A decision of the Department of Fomento de-
claring that expropriation is not warranted may
be assailed judicially within the term of thirty
days.

COMMENTARY. This Article, taken in connection
with the foregoing provisions of the Chapter and especial-
ly of Art. 88, makes it quite clear that in, order to secure
the condemnation of land, the miner must first obtain a
favorable decision from the Department of Fomento, and
then, in the event of continued opposition, a confirmation
or a modification of this decision by the Courts. The miner
cannot apply to the courts in the first instance.

See Art. 119 of the Law in regard to the procedure ap-
plicable in cases arising under the Article.

ARTICLE 95.

When the owner of the surface ground is un-
known or uncertain, the application for expropri-
ation shall be published for the term of thirty
days in the manner provided by the Regulations.
If, before the expiration of this term, a party shall
appear proving himself to be the owner of the
ground the expropriation of which is sought, the
procedure laid down in the preceding articles

THE MINING LAW.

shall be followed; but if no one proves himself
owner of the ground within the term indicated,
the Department of Fomento may authorize its ex-
propriation, after deposit of the indemnity fixed,
and the owner of the mining property may apply
to the competent judge, for the execution by the
latter of the deed of adjudication in the premises.
Any person proving thereafter that he had pro-
prietary title to the ground expropriated, shall
have the right to receive the deposit, but not to
assail the administrative decision decreeing the
expropriation.

COMMENTARY. Se e Art. 58 of the General Regula-
tions, Part Three of this book.

ARTICLE 96.

The expropriated party or his successor in
title shall have the right, within the term of one
year, to regain possession of the condemned
ground or a portion thereof, in the following
cases :

I. When the condemnation has been author-
ized for the execution of a certain work and the
expropriating party fails to commence the same
within the term of one year, or suspends the exe-
cution for the same term, except in case of vis
major.

II- When all or part of the ground expropri-
ted is devoted to some use distinct from that for
which the condemnation was authorized.

III. \Vhen the title to the mining property for
the benefit of which the expropriation was decreed
is declared forfeited.

In none of these cases shall the expropriated
party or his successor in title be under obligation

THE MINING LAW.

to return any sum other than that paid by the ex-
propriating party by way of indemnity, or the
proportional part thereof, as the case may be.

Recovery proceedings shall not lie if the cause
which gave rise thereto has ceased to exist.

COMMENTARY. The term of one year referred to
in the opening paragraph of the Article is of prescription.
If the expropriated party fails to bring his suit for the
recovery of the ground within one year of the date on
which such suit might have been brought, he loses 'his
right of action. By vis major is meant superior force, ine-
vitable accident, the act of God.

The last paragraph but one of the Article makes it
clear that, in the cases contemplated, the expropriating
party cannot recover any compensation for the work com-
pleted or for the increased value given to the land by im-
provements made by him during the occupation.

An example will show the application of the closing
paragraph of the Article. If the expropriating party allows
a year to elapse before commencing operations, but still
gets them started before the expropriated party brings his
suit, then the right of action of the latter is lost. In other
words, the expropriated party must show that his cause
of action for the recovery of the ground was in actual sub-
sistence at the time of filing his complaint.

CHAPTER VII.

PENAL PROVISIONS.

ARTICLE 97.

Criminal offenses committed in breach of this
law, and the civil liability to which such of-
fenses give rise, shall be governed by the Penal
Code of the Federal District, with the modifica-
tions established in the following articles.

THE MINING LAW.

COMMENTARY. Taking this article with Art. 107,
Sec. VI, of the Law, it will be noted that the criminal of-
fences specified in this Chapter are tried under Federal law
and in the Federal courts.

Under the Mexican law, the criminal and the civil
liability arising from the same act may be tried and deter-
mined in the same suit, or proceeding.

ARTICLE 98.

Any Mining Agent or expert guilty of falsifi-
cation in the discharge of his office shall suffer
a penalty of from five months of arrest to one
year of imprisonment and fine of the second class,
without prejudice to the suspension and official
disqualification provided in Article 748 of the Pe-
nal Code.

COMMENTARY. The expert referred to in this and
the following articles is the official surveyor appointed in
each case by the Mining Agent.

In regard to the offense of falsification, see Arts. 710
to 750 of the Penal Code of the Federal District.

The criminal law of Mexico provides for three grades
of punitive personal restraint: "Arresto menor," which is
arrest or detention for a term of from three to thirty days ;
"arresto may or, "detention lor a term of from one to eleven
months; and "prision," imprisonment for any term exceed-
ing eleven months.

Fines are divided into three classes, as follows:

Class I. From one to fifteen! pesos.

Class II. From sixteen to six thousand pesos.

Class III. As specified by the law for each offense.

ARTICLE 99.

When the Mining Agent or the expert is guil-
ty of falsification in collusion with the denouncer
or the opposing claimant, the agent or the expert
shall suffer the penalties designated in Article 98,
and the denouncer or the opposing claimant, ar-
rest for a minor term and fine of the first class.

THE MINING LAW.

If there has been bribery also, the rules relative
to the accumulation of penalties shall be applied.

COMMENTARY. The act of offering a gratuity to a
public officer, even to procure the performance by him of
a legal duty, is a penal offense, and punishable by fine not
to exceed twice the amount of the gratuity offered. Where
the bribe is offered or paid in order to secure the commis-
sion of an un-lawf ul act, or the omission of a legal duty, the
briber is Ifable to imprisonment. Arts. 1014 to 1025 of the
Penal Code of the Federal District.

ARTICLE 100.

Any expert fraudulently omitting to file, with-
in the legal term, the plans and reports relative
to a mining denouncement, shall suffer the pen-
alty of arrest for a major term and disqualifica-
tion, for a period of from one to five years, to dis-
charge the office of expert.

COMMENTARY. See notes under Art. 98 above, for
explanation of the terms "expert" and "arrest for a major
term. "

ARTICLE 101.

Except in cases where this law establishes a
different sanction, the Department of Fomento
may impose a correctional penalty of not to exceed
one month of arrest or up to five hundred pesos
fine, according to the gravity of the offense, on the
following persons:

I. Any expert who fails, through negligence
or carelessness, to file within the legal term the
plans and reports relative to a mining denounce-
ment.

II. Any Mining Agent who, in the progress of
a denouncement, of an opposition, or of any other

THE MINING LAW.

mining proceeding 1 , commits a breach of the pro-
visions of this law or the Regulations.

III. Any Mining Agent, expert, or other
person taking part in a mining proceeding, who
disobeys an order, issued by the Department of
Fomento by virtue of the provisions of this law
or the Regulations-

IV. Any person commintting a breach of the
Regulations, or other provisions relative to the
policing and safety of mining operations.

COMMENTARY. Under the Mexican Law the admin-
istrative authorities have power to try minor offenses of
a quasi-criminal character, and may inflict the penalty of
imprisonment not to exceed one month, or of fine not to
exceed five hundred pesos. (Art. 21 of the Constitution.)
The punishment when inflicted administratively is called
a correctional penalty ("correccion"), to distinguish it
from the punishment imposed by a judicial authority, which
is termed a penalty simply ("pena"). The law gives no
right of appeal against the administrative sentence in these
cases. If, however, a flagrant injustice is committed, re-
course may be had to the Federal judicial proceeding of
"amparo." (See note under Art. 43 of the Law and page
12 of the Introduction.) The fact that a person has
been tried and sentenced "by an administrative authority
is no bar to his trial thereafter for the same offense by a
judicial authority, provided the offense committed consti-
tutes a crime ("delito"), as well as a minor offense ("lal-
ta"). Furthermore., where the defendant is found guilty
by the court, the infliction! of the judicial penalty gives no
right to the remission of the administrative penalty.
Where, however, the defendant is found to be innocent by
the courts, he has a right to the remission of the adminis-
trative penalty imposed, whenever the judicial trial estab-
lishes the fact that the act charged in the administrative
proceeding was not committed, or that the act itself was
lawful, or that the defendant was not legally responsible.

It should be noted that private parties are liable to ad-
ministrative trial and punishment, not only for disobedience
to the orders of the Department and breach of the police
regulations relative to mining, as provided in the above
Article, but also for gross disrespect shown towards the
officers of the Government, whether orally or in writing.

The Police Regulations will be issued early in 1910.

THE MINING LAW.

ARTICLE 102.

Any person exploiting without right any of
the metalliferous minerals mentioned in Art. 1 of
this Law, unless he is able to show that he acted
in grounded error, shall suffer the following pen-
alties :

I. If the exploitation takes place in free
ground or in pertenencias denounced or under
title, the penalty shall be from one to two years
of imprisonment, and from one thousand to two
thousand pesos fine.

II. If a denouncer exploits the property be-
fore securing proper title to the same, he shall
suffer the penalty of arrest for a major term and
fine of the second class.

COMMENTARY. To exploit a mine is to extract the
ores therefrom for profit, that is, with a view to disposing
of such ores. Exploitation is to be distinguished from
mere prospecting or exploration work. See also second
paragraph of Art. 24 of the General Regulations, Part Three
of this book.

A grounded error is one which is justifiable or excus-
able.

For the explanation of the terms "arrest for a major
term" and "fine of the second class," see notes under Art.
98 above.

ARTICLE 103.

In the case referred to in Section II of Article
70, if the person executing the work disposes of
the minerals, he shall suffer the penalty provided
in Section I of the preceding article.

COMMENTARY. In regard to the penalties referred
to, see notes under Art. 98 above.

THE MINING LAW.
ARTICLE 104.

The robbery of minerals by operatives or em-
ployees of a mining enterprise shall be regarded
as comprised in Section V of Article 384 of the
Penal Code.

COMMENTARY. It will be noted that the terms used
"minerals," "operatives or employees," and "mining enter-
prise" are broad and comprehensive. The penalty fixed by
the Penal Code is two years imprisonment, in all cases,
leaving no discretion to the court. The employees of a
metallurgical establishments, even if operated in connec-
tion with a mining grant, would probably not be regarded
as coming within the terms of this Article. Robbery com-
mitted by such employees would fall under the jurisdiction
of the State law and courts.

ARTICLE 105.

The penalties established in Article 497 of the
Penal Code shall be applicable to any person de-
stroying or changing the location of monuments
or marks indicating the boundaries of a mining
property, whether on the surface of the ground or
in the interior of the workings.

COMMENTARY. The penalty fixed In Art. 497 of the
Penal Code is arrest for from eight days to six months and
fine of 'from ten to two hundred pesos, for ordinary cases;
but if i^e purpose of the offender is to usurp adjacent
ground, or to confuse boundaries in judicial dispute, or to
rob the materials of which the landmarks are made, the
penalty is arrest for from three to twelve months and fine
of the second class. In regard to the nature of these pen-
alties, see notes under Art. 98 above.

ARTICLE 106.

Disobedience or resistance on the part of pri-
vate persons interfering with operations entrust-
ed to experts shall be punished in accordance with.
Chap. IX, Title 8, Book 3 of the Penal Code

THE MINING LAW.

COMMENTARY. The articles of the Penal Code re-
ferred to are 904 to 908. In general, disobedience in the
circumstances indicated render the guilty party liable to
imprisonment as well as fine,

See Arts. 22 and 29 of the General Regulations, Part
Three of this book.

CHAPTER VIII.

SUITS.

ARTICLE 107.

The Federal Courts are competent to try suits
arising out of the following matters:

I. Opposition to denouncements or to the
issue of mining titles.

II. Opposition to the correction of titles or
to the correction of the location of pertenencias
under title.

Ill- Nullity of mining titles.

IV. Expropriation by reason of mining opera-
tions.

V. Legal mining easements.

VI. Criminal offenses committed in breach
of the provisions of this law, as set forth in Chap-
ter VII.

VII. Criminal offenses endangering the sta-
bility of the workings of a mine or the lives of
operatives in the interior of the workings.

COMMENTARY. The competency of the Federal
Courts referred to in the Article is exclusive. The State
courts have no jurisdiction in the cases specified.

It will be noted that in all the cases enumerated the
Federal Government, representing the Nation, has an in-

THE MINING LAW.

terest in the outcome of the proceedings, either directly
because the title to mining property or the full enjoyment
thereof is involved, or because a Federal criminal offense
is charged. For this reason the Federal Courts have ex-
clusive jurisdiction. See Introduction, page 12 Com-
pare Arts. 79 and 123 of the Law and notes thereunder,
and Art. 120.

ARTICLE 108.

In c ases falling under sections I, II, III and
IV of the preceding article, the judicial compe-
tency shall be determined by the situation of the
mining property involved. In cases under section
III of the said article, if the nullity of the title
is interposed as a defense before a Federal judge,
the same judge before whom the defense is made
shall be competent.

COMMENTARY. This and the three following ar-
ticles determine the competency of the Federal Courts
as among themselves. The competency stated is always
exclusive .

ARTICLE 109.

In suits relating to legal servitudes the ju-
dicial competency shall be determined by the si-
tuation of the dominant estate.

ARTICLE 110.

In cases falling under the two preceding ar-
ticles, if the mining property is subject, by rea-
son of its situation, to more than one jurisdic-
tion, the judge selected by the plaintiff shall be
t-ompetent.

THE MINING LAW.

ARTICLE 111

In the criminal suits referred to in sections
VI and VII of article 107, the Judge exercising
jurisdiction in the place of the commission of the
offense shall try the case, and if more than one
Judge is competent, the one first taking cogni-
zance shall try the case.

ARTICLE 112.

In the opposition proceedings referred to in
sections I and II of article 107, the denouncer or
the party applying for the correction shall al-
ways be the party plaintiff. The term for the
filing of the complaint shall be thirty days.

ARTICLE 113.

If the complaint is not filed within the term
designated in the preceding article, the Judge,
on motion of the opposing claimant, shall declare
the opposition justified, and the administrative
record shall be returned to the proper person.

ARTICLE 114.

The opposing claimant shall base his excep-
tions only on the grounds expressly alleged by
bim at the proper time in the administrative
proceedings.

ARTICLE 115.

In cases of opposition on the grounds desig-
nated in article 37, the denouncer has in his fa-
vor the presumption that the ground is free, if
the opposition is based on the first of the afore-

THE MINING LAW.

said grounds. If it is based on the second, the
presumption shall be in favor of the second de-
nouncer.

ARTICLE 116.

Within the term of three years, reckoned
from the issuance of a title-deed, the Depart-
ment of Fomento may bring suit to annul the
same if obtained through deceit or fraud. The
provisions of this article do not prejudice the
right of a third party to bring suit to annul the
title.

ARTICLE 117.

The suits referred to in sections I, II, III and
V of article 107 shall be conducted as summary
proceedings in accordance with the provisions of
the Federal Code of Civil Procedure; but the or-
fVinary term of proof may be extended up to forty
days.

ARTICLE 118.

In cases of expropriation Judges shall make
use of the processes of Judicial compulsion pro-
vided in the Federal Code of Civil Procedure to
tender effective the rights granted to the owner
of a mining property under Chapter VI of this
law.

ARTICLE 119.

Questions raised by the owner of the ground
f-f which expropriation is desired, in an attempt
to assail a decision of the Department. of Fomen-
to and the questions referred to in Art. 94, shall

THE MINING LAW.

be tried in a summary proceeding, subject to the
provisions of article 117 in regard to the term
of proof.

ARTICLE 120.

In the punishment of the offences referred
to in Sections VI and VII of Article 107. the laws
of procedure in force in Federal matters shall be
followed.

ARTICLE 121.

In all suits referred to in the preceding ar-
ticles of this Chapter the representative of the
Public Ministry shall be heard. He shall see
that the proceedings suffer no unwarranted (in-
lays, and to this end shall have the right to move
for judgment by default against either party,
and to make such other motions as are proper
under the law. In these suits the representative
of the Public Ministry shall follow the instruc-
tions communicated to him by the Department
of Fomento.

COMMENTARY. The Federal Public Ministry, as
defined in Art. 1 of the Law relating thereto, which went
into effect on February 5th, 1909, is an institution charged
with the duty of assisting in the administration of justice
by the Federal Courts, of prosecuting Federal criminal
offences, and of protecting- the interests of the Federation
in its courts.

The main purpose of Art. 121 is to safeguard the in-
terests of the Federation, which, as already explained in
the Introduction, is the immediate owner of all mineral
deposits until granted by it and retains a contingent re-
versionary interest in the same thereafter. The Article
serves another purpose. It renders difficult the tying-up
indefinitely of valuable mining zones by collusive proceed-
ings between the private parties in a suit, to the prejudice
of other persons interested.

THE MINING LAW.
ARTICLE 122.

Final judgments rendered in the suits re-
ferred to in article 107 shall be communicated to
the Department of Fomento by the court ren
(iering the same.

COMMENTARY. A verdict rendered by the courts
in favor of the denouncer is not, however, necessarily fol-
fowed by the Issuing of title by the Department. The
judicial decision binds the Department only in respect of
the points raised or involved in the suit and determined
therein. For instance, the opposing claimant may be
vanquished in the courts on the ground set up by him, or
he may suffer judgment by default; but this, obviously,
is not conclusive on the general question of issuing a title
to the denouncer. The Department may deny the appli-
cation on some ground not alleged in the judicial proceed-
ings. The Federal Government, representing the Nation,
is itself interested in issuing mineral grants only where
such a course is proper, irrespective of the claims of pri-
vate parties. Compare Arts. 44 and 50 of the Daw.

ARTICLE 123.

Suits arising out of the contracts referred to
in article 79 shall be tried before the competent
non-Federal judges, in accordance with the pro-
visions of the Commercial Code.

Suits relative to mining properties in mat-
ters not comprised in article 107 shall be tried
by the competent non-Federal courts in accord-
ance with the corresponding local laws, the Com-
mercial Code, or the Civil Code of the Federal
District, as the case may be.

COMMENTARY. The fact that a case arises under
a Federal law does not of itself give the Federal Courts
jurisdiction: it must also involve the interests of the
Nation. (Art. 97 of the Constitution.) See Introduc-
tion, page 12.

The provisions of Arts. 79, 107 and 123, as regards
the law and jurisdiction applicable in each case, may be
summarized as follows:

THE MINING LAW.

A. All causes arising under Art. 107 are tried ac-
cording to the Federal laws and by the Federal Courts .

B. All causes arising under Art. 79 are tried ac-
cording to the Federal laws, except as indicated under
the notes under that Article, but by the local State
courts; unless some matter specified in Art. 107 is in-
volved, in which event the Federal courts have exclusive
jurisdiction .

C. All mining causes not comprised either by Art.
79 or by Art. 107 are tried according to the local State law
and by the local State courts.

CHAPTER IX.

MISCELLANEOUS PROVISIONS.

ARTICLE 124.

Mining explorations shall be subject to
provisions of the Regulations of this law and
of the special mining police Regulations, in ac-
cordance with the following bases:

I. To determine the zone of exploration, a
fixed point easily identifiable shall be taken,
which point shall serve as the center of a cir-
cumference whose radius shall not exceed live
hundred meters.

II. To conduct explorations in private
ground, the permission of the ow r ner shall be re-
quired. If the latter refuses the permission, the
applicant may have recourse to the Mining
Agent, who, after hearing the ow r ner and sub-
ject to the procedure laid down in the Regula-
tions, shall grant the permission, provided there
exists no lawful cause of impediment and after
bond has been given by the explorer to satisfy
any loss or damage that maj* be caused to the
ow r ner.

100

THE MINING LAW.

III. Mining explorations in National lands
may be conducted only with the permission of
the proper Mining Agent, who may not deny such
permission without lawful cause.

IV. The duration of the term of exploration
shall be sixty days, which term shall not be ex-
tended and shall run from the date of the sign-
ing of the permit when this is issued by the
Mining Agent, and from the date on which the
uermit is registered in the Agency when granted
by the owner.

V. During the term of exploration only the
explorer shall have the right to file denounce-
ments of mining pertenencias within the zone.

VI. New exploration permits covering all
or part of an exploration zone shall not be grant-
ed until after the lapse of six months from the
tiate of expiration of the prior permit.

VII. In the event of a controversy between
the explorer and the owner of the ground re-
garding the boundaries of the exploration zone,
the burden of proof shall lie with the explorer.

VIII. Exploration zones shall not be grant-
ed in ground where mining operations have been
executed, even though the pertenencias covered
tre abandoned. Nor shall exploration zones be
granted at a distance of less than two hundred
meters from the boundaries of a mining proper-
ty, nor within the limits of populated places.

IX. The mining police regulations shall de-
termine at what distance from buildings, rail-
roads, and other constructions of public or pri-
vate ownership, the carrying on of exploration
work shall be permissible.

COMMENTARY. See Chapter II of the Introduction;
also Arts. 53, 54, 55 and 56 of the General Regulations,
Part Three of this book. The special mining Police Re-
gulations are to be issued early in 1910.

101

THE MINING LAW.

ARTICLE 125.

The mining police Regulations .shall deter-
mine in what cases and under what conditions
the carrying on of mining operations shall be
permissible in the subsurface belonging to build-
ings or any other constructions of public or pri-
vate ownership.

COMMENTARY. The Police Regulations are to be
issued early in 1910.

ARTICLE 126.

The Department of Fomento may direct the
inspection, by its own inspectors, of mining
properties and of the installations annexed
thereto when devoted directly to the mining
operations. The object of these inspections
shall be:

I. To determine whether the Regulations
and police provisions relative to mines are be-
ing duly observed.

II. To obtain scientific and statistical data
concerning the mining industry.

COMMENTARY. It will be noted that the purpose
of the Departmental inspections is restricted as stated in
the Article, except as provided in 'the two following arti-
cles.

The Police Regulations are to be issued early in 1910.

ARTICLE 127.

The inspection of a mining property may al-
so be directed, upon petition of a lawful party,
to determine whether or not another property
is being invaded.

COMMENTARY. Regarding the criminal liability in
such cases, see Art. 102 of the Law.

102

THE MINING LAW.
ARTICLE 128.

When the Department of Fomento has
grounds for believing that the workings of a
property invade free ground, it may, upon its
own initiative, direct the inspection of the prop-
erty to determine whether or not such invasion
exists.

ARTICLE 129.

In no case shall the inspectors making the
examination investigate the commercial condi-
tion of the enterprise.

ARTICLE 130.

The Department of Fomento may direct the
suspension of such mining operations as fail to
conform to the prescriptions of the Regulations
or police provisions, if the lives of the persons
working in the mines are endangered thereby.

The order of suspension shall be restricted
to the dangerous section or zone and shall be
based upon the report of the inspector visiting
the property or upon the investigation made by
the local authority. The order of suspension
shall remain in force so long as the cause which
gave rise thereto subsists.

COMMENTARY. In regard to the criminal liability
in such cases, see Art. 101, Sees. Ill and IV, of the Law.

It will be noted that the suspension of operations may
be ordered by the Department, only where a breach of the
Regulations endangers the lives of the operatives in the
mines, and then only in respect of the dangerous zone.

The Police Regulations are to be issued early in 1910 .

ARTICLE 131.

In grave and urgent cases the suspension
may be directed upon petition of the Governor

103

THE MINING LAW.

cf the State or Chief Political Officer of the Ter-
ritory, without the necessity of a compliance
v-ith the requisites prescribed in the preceding
j rticle.

COMMENTARY. The requisites referred to are the
inspector's report or investigation by the local authority.
But see next article .

ARTICLE 132.

In every case of the suspension of operations
not based on the report of some official inspector
of the Department of Fomento, the latter shall
direct that an inspection be made at the earliest
possible moment.

ARTICLE 133.

Such coal-mining operations as might endan-
ger the lives of the operatives, the safety of the
workings, or the stability of the soil, shall be
subject to the police regulations and ordinances
relative to mines.

COMMENTARY. It will be noted that only deposits
of ore and of the other substances named in Art. 1 of the
Law and coal-mines are subject to Federal police under
this Law. Oil-wells and quarries of marble, building-
rock, gravel, etc., do not come under the new Mining Law
or its Regulations for any purpose whatsoever. See also
notes under Art. 2 of the Law. In regard to the criminal
liability in the cases falling under the Law. see Art. 101,
IV, of the Law. The Police Regulations are to be issued
early in 1910.

ARTICLE 134.

Ore-dumps constitute an accession of the
mining property from which they originate. If
it is impossible to determine their origin, the

104

THE MINING LAW.

property in the same shall be governed exclu-
sively by the general law.

COMMENTARY. Under the terms of the first part
of this Article, ore-dumps are regarded as accessory to
the mines from which they originate, provided that their
source can de determined. Consequently, when a mine
is transferred, unless the title to the ore-dump is retained,
or transferred to some third party, it will follow the mine;
and, on the same principle, if the mine is forfeited for the
non-payment of mining taxes, the abandoned ore-dumps
will also revert to the Nation. For the same reason, an
ore-dump the origin of which is known, cannot be de-
nounced under the Mining Law as mining property. The
mine of origin must be denounced, and the title issued to
the mine will carry with it the abandoned ore-dump. Jt
should be noted, also, that ore-dumps may be lost by
other acts which give rise to a 'presumption of abandon-
ment of such dumps by their owner; for ins'ance. the
dumping of rock, whether containing minerals or not, on
a stranger's property gives rise to the presumption of
such abandonment. In this connection it should be re-
called that the owner of a mining pertenencia, as such,
does not own the surface ground even within the limits of
his property. Accordingly, if he needs such surface
ground on which to dump his ores, he should acquire tihe
same by expropriation, purchase, or otherwise.

Where the origin of a dump cannot be determined, oil
questions of right to the same are governed by the gen-
eral or local law, and especially by the legal principles
relative 'to Abandonment, Accession and Prescription
(Statutes of Limitation) . The questions arising in such
cases are too varied and intricate to admit of treatment
in a handbook.

Slag piles do not fall under the provisions of the Min-
ing Code, but are subject to the local or general law, ex-
cept as provided in Art. 87 for the expropriation of land
needed for reduction works in certain cases. As in the
case of ore-dumps the origin of which is indeterminable,
the property in slag piles will depend largely upon the
prescriptions of the Law relative to Accession, Abandon-
ment and Prescription.

ARTICLE 135.

The Department of Fomento may execute
contracts, under such terms as it shall deem

105

THE MINING LAW.

proper in each case, for the exploitation of me-
tallic substances existing in the bed of waters
under Federal jurisdiction, so long as the spe-
cial laws respecting waters shall not provide
otherwise.

COMMENTARY. This Article at once authorizes
the Department to execute contracts with private persons
looking 'to the exploitation of the substances existing as
indicated, and also makes it quite plain that such exploit-
ation is not subject to the other provisions of this Law.
Compare Art. 133 above and notes thereunder.

ARTICLE 136.

No title to mining property shall be issued in
favor of foreigners denouncing pertenencias
within a zone of eighty kilometers along the
border line of foreign countries, unless they pre-
viously obtain special permission from the Exe-
cutive of the Union. This requisite shall be ne-
cessary even though the denouncement be made
jointly by foreigners and Mexicans.

If the permission is denied, the ground de-
nounced shall be declared free, and the provi-
sions of article 36 shall be applicable.

COMMENTARY. There is nothing in this or any
other article of the Law prohibiting a foreign individual
from denouncing a mine in the frontier zone in his own
name. The prohibition Is against the issue O'f the title
to him without the permission of the President of the
Republic. A foreigner may, therefore, denounce a mine
and afterwards transfer his rights to a Mexican individual
or to a company organized under the laws oi Mexico for
that purpose. He could make himself the holder of prac-
tically all the stock in such a company. Of course, the
transfer contemplated must be made before the proceed-
ings on the denouncement have been passed upon by the
Department of Fomento. The course here suggested does
not contravene either the letter or the spirit of the law.
In regard to the question of incorporation under the laws
of Mexico, see page H of the Introduction.

106

THE MINING LAW.

For a summary of the situation of foreigners under
this Law, and especially under this and the following
eight articles, see the Introduction, page 12.

ARTICLE 137.

The permission referred to in the preceding
article shall be necessary in order that foreign-
ers may acquire, by any other title, mining prop-
t-rties or property rights therein within the afore-
said zone of eighty kilometers.

COMMENTARY. Art. 136 refers to acquisition under
a direct grant from the Government; Art. 137, to acquisi-
tion from a private person, that is, under a derivative
and not a primitive title.

As to what is embraced by the terms "property
rights," see notes under Art. 82 of the Law.

ARTICLE 138.

The Regulations shall designate the terms
within which application shall be made for the
permits referred to in the two preceding articles
and the conditions under which such permits
may be granted.

COMMENTARY. See Art. 59 of the General Regul-
ations, Part Three of this book.

ARTICLE 139.

Foreign companies are not qualified to de-
nounce, or to acquire by any other title, mining
properties or property rights therein within the
zone designated in article 136.

COMMENTARY. It will be noted that foreign cor-
porate partnerships and companies are prohibited from
even denouncing a mine within the zone; whereas a for-
eign individual is under no such prohibition in regard to
denouncement. See Art. 136 above and notes thereunder.

JOT

THE MINING LAW.

A company or partnership incorporated under the laws
of Mexico is not a foreign, person even though all its
members be foreigners and reside abroad. See Introduc-
tion, page 16.

The term "companies" as used in this and the suc-
ceeding articles embraces corporate partnerships as well
as corporations proper.

ARTICLE 140.

Acquisitions made in contravention of arti-
cles 136 to 139 of this law are null. The action
of nullity may be brought by a party in interest
or by the Federal Public Ministry acting under
instructions from the Department of Fomento.

COMMENTARY. Regarding the Public Ministry, see
note under Art. 121 of the Law.

By "null" here is meant absolutely without legal ef-
fect. Consequently, innocent third parties are in no bet-
ter position than the original unlawful purchaser or gran-
tee. But see Art. 116 of the Law.

ARTICLE 141.

Whenever a foreigner acquires, by inherit-
ance or by the adjudication of a court in pay-
ment of a debt, mining properties or real rights
in the same within the zone fixed in Art. 136, he
shall be allowed the term of one year within
which to transfer the said properties, unless he
obtains the permit referred to in article 137
before the expiration of the said term.

COMMENTARY. The term inheritance is here used
in its broader acceptation, as including succession both
under a will and upon intestacy. Note that the Article
refers to foreign individuals only. See following article
in regard to companies.

ARTICLE 142.

When the inheritance or the adjudication of
a court in payment, is in favor of a foreign com-

108

THE MINING LAW.

pany, the transfer shall be made, in every case,
within the term of one year.

ARTICLE 143.

The judicial authorities having cognizance of
the probate or the adjudication proceedings re-
fprred to in the preceding articles shall give op-
portune notice to the Department of Fomento of
the existence of such proceedings.

ARTICLE 144.

The Executive of tthe Union shall apply,
through the Public Ministry, for the attachment
of the mining properties and rights acquired or
held in contravention of the provisions of arti-
cles 136, 137, 139, 141 and 142.

The properties so attached shall be sold at
public auction, in accordance with the provisions
of the Federal Code of Civil Procedure, and the
proceeds, after deduction of the expenses and
taxes, shall be placed at the disposition of the
parties in interest.

COMMENTARY. For a summary of the provisions
of the preceding nine articles, relating to foreigners, see
Introduction, page 13.

ARTICLE 145.

Any person may pay the property tax on a
mining property, but only a person able to show
that he has a legitimate interest in avoiding the
forfeiture of the title shall have the right to de-
mand from the owner of the property the reim-
bursement of the amounts so paid.

In the latter event, the credit arising out of
the payment of the mining tax shall be regarded

109

THE MINING LAW.

as having preference over all other debts to be
paid out of the value of the property, including
mortgage debts.

COMMENTARY. Compare Art. 51 of the Law. The
second paragraph of the Article marks an important in-
novation in the existing law. See Arts. 23 to 25 of the
Regulations appended to the Mining Tax Law, Part Four
of this book.

ARTICLE 146.

In the absence of any express provision of
this law to the contrary, the terms designated in
the same or fixed by the Regulations shall begin
to run from the day following that on which the
corresponding notice was given or the proceed-
ing conducted, the day of maturity being count-
ed.

Sundays and national feast-days and days of
mourning shall not be included in the computa-
tion of terms.

COMMENTARY. The national feast-days and days
of mourning referred to in the last paragraph of the Ar-
ticle are as follows: All Sundays; February 5th; May
5th; July 18th; July 30th; September 16th; and December
12th.

See Art. 7, II, of the General Regulations, Part Three
of this book, in regard to the office hcurs of Mining Agen-

ARTICLE 147.

The rules established in the preceding article
&hall not be applied to the terms of prescription
or to judicial terms, which shall be computed as
provided in the respective laws.

COMMENTARY. Arts. 1125 to 1129 of the Civil Code
of the Federal District and Arts. 146 to 155 of the Federal
Code of Civil Procedure may be consulted.

110

THE MINING LAW.
ARTICLE 148.

Eights to open and exploit tunnels, the oper-
ators of which have failed to comply with the
provisions of the laws or concessions by virtue
of which such rights were acquired, are declared
lapsed.

ARTICLE 149.

The Department of Fomento shall determine
the number of Mining Agents to be appointed
and the district in which each shall exercise his
office, having in view the necessities of the busi-
ness to be despatched by the Bureau. The said
Department shall resolve the doubts and ques-
tions arising in regard to the competency of Min-
ing Agents.

COMMENTARY. See Chapter I of the General Re-
gulations, Part Three of this "book, and especially Arts. 2,
3, 4, 10, 14 and 15.

ARTICLE 150.

The services of Mining Agents shall be com-
pensated in accordance with the tariff issued by
the Department of Fomento.

COMMENTARY. See schedule of fees appended to
the General Regulations.

ARTICLE 151.

When the owner of a mining property proves
satisfactorily to the Department of Fomento the
loss or disappearance of his original title-deed,
;i duplicate may be issued to him at his expense,
in which duplicate shall be stated the reason of
Us issue.

Ill

THE MINING LAW.

ARTICLE 152.

Mining title-deeds issued by the Department
of Fomento shall be authenticated by the signa-
ture of the Secretary of the Department only.

ARTICLE 153.

The Department of Fomento shall issue the
General Regulations to this law, the special min-
ing police Regulations and the other reglamenta-
ry dispositions designed to render effective the
prescriptions of the said law.

COMMENTARY. For the General Regulations, see
Part Three of this book. The Police Regulations are to
be issued early in 1910.

TRANSITORY ARTICLES.

ARTICLE 1.

This law shall go into effect on the first day
of January, 1910.

ARTICLE 2.

Contracts for the exploration of mining
zones shall continue in force in accordance with
the stipulations contained in the same.

COMMENTARY. The Article refers to public con-
tracts signed with the Mexican Government. Contracts
entered into between private parties are, of course, also
unaffected.

ARTICLE 3.

The proceedings on mining applications in
progress on the first day of January of 1910 shall

112

THE MINING LAW.

be continued and determined in accordance with
the provisions of this law.

COMMENTARY. The principle underlying this and
the following articles is that, until the Government title
is issued, no vested rights are acquired in the mining
property as such, and that, consequently, the new law
may be and is made applicable to existing denounce-
ments, without thereby infringing the principle that laws
shall not be retroactive in their effects. Practically, how-
ever, rights may be lost; as, for instance, where foreign-
ers 'have denounced mines in the eighty-kilometer fron-
tier zone, without securing title thereto before January
1, 1910.

ARTICLE 4.

Suits arising out of any of the matters enu-
merated in article 107 of this law and in process
of trial by a non-Federal Tribunal shall be trans-
ferred in their actual state and condition to
the cognizance of the Federal Tribunals. The
non-Federal Tribunals, without need of any mo-
tion or party, shall transmit the records to the
proper Federal Judge or Tribunal within the
term of thirty days reckoned from the first day
of January, 1910.

Cassation appeals pending at the time this
law goes into effect shall be heard and deter-
mined by the courts having cognizance of the
same, and in accordance with the general laws
applicable in the case.

ARTICLE 5.

A term of six months is hereby granted to
the owners of mines, who have failed to comply
with the provisions of the first part of article 2
of the Law of June 6th, 1892, within which to
prove to the Department of Foiuento that they
have fulfilled the requirements which the laws

113

THE MINING LAW.

on which their titles are based prescribe for the
preservation of their property. If they fail to
furnish the proof required before the expiration
of the said term, the titles shall be deemed to
have lapsed without need of any special declara-
tion to that effect, and the properties involved
be freel denounceable.

COMMENTARY. The term of six months is reckoned,
of course, from January 1, 1910.

ARTICLE 6.

Mining title-deeds, acts, and contracts, re-
corded before the first day of January, 1910, in
accordance with the provisions of the Mining
Law of June 4th, 1892, and its Regulations, shall
ixOt require a second registration for the subsis-
tence of their legal effects. Title-deeds, acts
und contracts, which under this law are subject
to registration and which have not been record-
ed, shall be recorded, and shall produce their le-
gal effects in respect of third parties as from the
date of registration.

COMMENTARY. The second part of the Article is
in effect retroactive, and the provisions of Chapter V of
the Law, Arts. 82 to 86, should be carefully examined.

ARTICLE 7.

Owners of mines who have failed to set land-
marks to the boundaries of their properties are
granted a term of one year within which to do
this. Any person failing to comply with this
prescription shall be liable for tte loss or dam-
age thereby caused to any third party, and fur-
thermore, shall be subject to a fine of from one
hundred to five hundred pesos, which the Depart-

114

THE MINING LAW.

raent of Fomento shall impose upon proof of the
offence.

If the party liable persists in the omission
for the term of thirty days after the imposition
of the fine, he shall be committed to the judicial
authority for infliction of the penalty provided
for disobedience of the lawful order of an auth-
ority, without prejudice to the construction of
the monuments under the direction of the IV-
partment of Fomento, and at the expense of the
party in interest.

COMMENTARY. The term of one year referred to
in the first part of the Article is reckoned, of course, from
January 1, 1910. See Article 27 of the L/aw and referen-
ces thereunder.

The minimum penalty for disobedience of. the lawful
order of an authority is arrest for from one to eleven
months and fine of from ten to one hundred pesos.

ARTICLE 8.

From the date on which this Jaw goes into
effect, all prsecriptions in force which establish
preferential rights in respect of the acquisition
or denouncement of mining properties, eA r en
though contained in special laws, shall stand re-
pealed.

ARTICLE 9.

From the date on which this law becomes
operative, all laws and prescriptions on mining
phall stand repealed, except those of a fiscal
character, which shall continue in force in so far
as not modified by this law.

COMMENTARY. See Part Four of this Book.
115

PART THREE.

GENERAL REGULATIONS OF THE MINING LAW
OF THE UNITED STATES OF MEXICO.

CHAPTER I.

Mining Agents.

Art. 1. To hold office as Agent of the Department
of Fomento, in the Mining Bureau, it is necessary to be
a Mexican citizen in the enjoyment of his rights.

Art. 2. Mining Agents appointed by the Depart-
ment of Fomento, under Art. 149 of the Law, shall re-
ceive and conduct the proceedings upon denouncements
of mining lands filed with them, and perform the duties
assigned to them under the Law, its Regulations, and the
other provisions issued by the same Department.

In case of doubt regarding the application of the law,
its regulations, or other related provisions, Mining Agents
shall consult the Department of Fomento.

Art. 3. When a Mining Agency shall be established
in accordance with the provisions of Art. 149 of the Law,
the boundaries of the District in which such agency shall
have jurisdiction shall be determined by the Department
of Fomento, and notice of this determination as well as of
any subsequent modifications thereof shall be published
both in the Official Journal of the Federation and in the
Official Journal of the corresponding State, as also for
thirty days on the Bulletin Board of the newly-established
Agency .

Art. 4. To each Mining Agency there shall be ap-
pointed one Chief Agent and such Deputy Agents as the
volume of the mining business of the Agency may re-
quire.

The said Deputy Agents shall have the same qualifi-
cations as the Chief Agents, and shall substitute the lat-
ter in all cases of absencee which may occur, whether

116

THE GENERAL REGULATIONS.

temporary or absolute, as also in cases of failure to act
caused by legal disqualification arising in any given case,
upon call made by the Agent then acting.

Art. 5. When Agents exercising their duties shall
need to absent themselves from the Agency for a period
of fifteen days or less, they may do so, calling in first the
proper deputy Agent, and giving due notice to the De-
partment of Fomento by mail and by telegraph, if the
latter exists.

When the period of absence is to exceed the said
term, Agents shall apply for leave to the Department
of Fomento, stating the reason for the absence as well
as its duration, in order that the Department may decide
whatever is expedient.

Art. 6. In case of death, or of a serious illness pre-
venting the Agent from calling in the deputy, the latter
shall communicate by the most rapid means with the
Department of Fomento, informing the latter of the facts
so that the said Department may authorize the aforesaid
deputy to take charge immediately of the Agency, which
shall 'be accomplished with the intervention O'f the Jefe
de Hacienda (Chief of the Treasury) and in thr presence
of two witnesses. In the failure of the Jefe de Ha-
cienda, the Agente del Timbre (Revenue Stamp Agent)
shall act, and in case of failure of the latter the Post-
master, a minute of *he proceedinp- being drawn up and
signed by all parties thereto and a copy of the same for-
warded to the Department of Fomento.

Art. 7. Mining Agents shall comply with the fol-
lowing provisions:

I. They shall post outside the Agency and in a
place easily visible to the puhlic, a sign inscribed: "Min-
ing Agency of the Department of Fomento."

II. The office hours shall be permanently posted
outside the Agency, which stall not be closed except on
Sundays and days of national rejoicing or mourning.

III. Outside of the Agency, or if this be impossible,
at the entrance and in a place visible and easily acces-
sible to the public, there shall be placed a Bulletin Board
on which shall be advertised all announcements pres-
cribed by the Law, these Regulations, and other related
dispositions .

IV. In some place visible and easily accessible from
the Agency, there shall be a clock indicating local time.

V. They shall make and maintain up to date an
inventory of the archives of the Agency.

VI. They shall keep a register of denouncements,
wherein they shall enter the denouncements strictly in

117

THE GENERAL REGULATIONS.

the order of the dates thereof, numbered consecutively
and without leaving blank lines between the several en-
tries .

VII. They shall keep a register of mining explora-
tions, in which they shall enter the various permits strict-
ly in the order of the dates thereof, numbered conseca-
tively and without leaving blank lines between the sev-
eral entries.

VIII. They shall also keep a register of graduated
experts, this designation applying to those who have been
graduated from some official establishment of the Re-
public as qualified to exercise the profession of engineer,
or whose diplomas have been accepted or recognized by
the Government.

IX. They shall forward to the Department of Fo-
mento, within the first ten days of each month, a detailed
statement of the denouncements which have been ad-
mitted, of the notices of and applications for exploration
permits, and of the applications for correction, reduction,
or sub-division of mining lands under title, filed with them
during the previous month.

Art. 8. In case of legal disqualification, the Mining
Agent shall record such fact and immediately call in the
proper deputy; but in the case of the filing of denounce-
ments or of adverse proceedings, the Agent shall first
record the date and hour of filing of the same.

Art. 9. Mining Agents shall abstain from acting
in cases of legal disqualification, being as follows:

I. In business in which they have an interest, either
direct or indirect:

II. In business in which their blood relations, in a
direct line in whatsoever degree, collateral relations with-
in the fourth degree inclusive, or relations by marriage
within the second degree, also inclusive, have an interest.

III. Whenever the Agent is the agent, partner, em-
ployee or manager, of one of the parties.

IV. Whenever the Agent has acted as counsel, at-
torney, or expert in the business involved.

Art. 10. In those parts of the Republic not included
within a district assigned to a Mining Agency, denounce-
ments of mining lands, and notices and certificates of ex-
ploration permits, shall be filed with the Agente de Co-
rreos (Postmaster), who shall record the denouncement
or notice or certificate of exploration permit, noting the
day and hour of filing, and shall immediately advise the
Department of Fomerito by telegraph, where the latter
exists, and by mail.

Art. 11. The review of decisions of Mining Agents,
referred to in Art. 48 of the Law, shall not suspend the

118

THE GENERAL REGULATIONS.

process of the record, except in those cases where the
said Law, i'ts related Regulations, or other provisions,
duly issued shall expressly determine otherwise.

Art. 12. Mining Agents shall collect their fees ac-
cording to the terms provided in the schedule issued by
the Department of Fomento.

CHAPTER II.

Denouncements of Mining Lands.

Art. 13. Denouncements shall be filed before the
Mining- Agency within whose district the denounced tract
lies.

Art. 14. If the mining tract is to be found in the
boundary of the districts belonging to two or more Agen-
cies, the denouncement can be filed before any one of
these .

Art. 15. If various denouncements of the same Min-
ing Tract are filed before different Agencies which
might be competent to record same, only that denounce-
ment which has been presented first shall be valid; con-
sequently, it shall be acted upon by the same Agency before
which it was presented.

Art. 16. The denouncements shall state, in addition
to the data given in Art. 15 of the Law, the fixed point
from which measurement shall depart, and in order to
identify easily the ground where the pertenencia shall be
measured, mention shall be made where possible of well
known points existing in the neighborhood.

Art. 17. No denouncement shall be admitted where
the names of the denouncers are not designated specifi-
cally and individually therein, nor where such denounce-
ment is not signed Tby the persons named therein, or by
their attorneys or legal representatives.

Art. 18. Within the three days following the ac-
ceptance of a denouncement, the Mining Agent shall ap-
point an expert to survey the pertenencias and demasias
denounced and to draw the corresponding plan, indicat-
ing on the same with absolute clearness both the bases
on which are to be erected the monuments of the peri-
meter of the said tract, and the monuments found within
a zone of one hundred meters around the same belonging
to adjoining or neighboring properties .

119

THE GENERAL REGULATIONS.

The Agent shall appoint the expert proposed by the
applicant in his denouncement provided that such expert
has a diploma.

If the party in interest fails to propose an expert in
his denouncement, or if the expert proposed has no di-
ploma, the Agent shall make the appointment freely, pre-
ferring, in every case the graduate experts of the local-
ity, and only failing the latter, shall he appoint practical
experts of the place, providing that in his judgment they
possess sufficient qualifications to discharge their duties
satisfactorily .

Art. 19. When an Agent rejects the proposed ex-
pert, he shall state the grounds of his ruling. The party
in interest may file a complaint with the Department of
Pomento through the Agency, within the three days fol-
lowing the date of the notification of the said decision;
which latter, after the lapse of the said term, shall be
deemed final and irrevocable. The Agent shall forward
the complaint to the Department of Fomento within the
three days following the day on which it was filed. From
the date of the filing of the complaint to that of the re-
ceipt 'by the Agency of the decision rendered in the mat-
ter by the Department of Fomento, the proceedings shall
be suspended. The Agent shall note the cause of the
suspension in the record.

Art. 20. When the expert has been notified of his
appointment, he shall inform the Agent within a term
of eight days whether he accepts the appointment. If
the appointee should not accept, or should fail to answer,
the Agent shall so notify the denouncer, in order that the
latter may designate some other j/raduate expert, if he
shall have availed himself of such right upon the filing;
of the denouncement; and the appointment of the new
expert shall be made in accordance with the provisions
contained in the two preceding articles, for which a
peremptory term of fifteen days shall be allowed, upon
the lapse of which term, if the acceptance of the expert
is not obtained, a copy of the record shall be sent to the
Department of Fomento in order that the latter may
declare the lapse of the denouncement, which declaration
shall be published during eight days on the Bulletin Board
of the Agency. Upon the termination of the said period,
any person may denounce the tract.

The Agent shall record the proceeding in the file.

Art. 21. Upon the acceptance of the appointment
by the expert and the making of the related notation, the
Ajyent sihall allow him a peremptory term of sixty days

120

THE GENERAL REGULATIONS.

for the presentation, in quadruplicate, of the drawings
mentioned in Art 18, accompanied by an explanatory re-
port.

The Agent shall draw up in duplicate an abstract,
wfhich shall contain:

I. The abstract of the denouncement, with a clear
and precise specification of the name and domicile of the
applicant and the file number of the record.

II. The name, domicile and acceptance of the expert
appointed .

III. Notice of the running of a peremptory term of
one hundred and twenty days, reckoned from the date of
the abstract, for the conduct of* the proceedings before
the Agency.

A copy of this abstract shall be posted on the Bulle-
tin Board of the Agency, where it shall remain during
thirty days.

The other copy of this abstract shall be given to the
denouncer in order that, at his own expense and risk, and
within the forty days following the date of the abstract,
it may be published in three successive issues* of the offi-
cial journal of the corresponding State, Territory or Fed-
eral District. The denouncer shall deliver to the Agen-
cy, before the expiration of the 120 days of the process
mentioned in section III, the proper copies of the said
newspaper in which publication has been made, for in-
corporation in the record.

Of all of which due note shall be made in the record .

Art. 22. The Agent shall deliver to the expert a
certified copy of his appointment, which shall conclude
with the warning that any person resisting the execu-
tion of the field work to be done by the expert, shall be
liable to the penalties established in Art 106 of the Law.

Art. 23. The publication of the abstract in accord-
ance with the terms of Art. 21, shall serve as a formal
citation to all persons claiming a right to oppose the de-
nouncement of the mining property.

Art. 24. The operations to be conducted on the
field by the expert appointed, under Art. 18, shall be
made in such manner that, by the necessary scientific
methods, the longitudes of the horizontal projections of
the sides of the perimeter of the mining tract shall be
obtained as also the angles which the same sides form
with the astronomical meridian. An endeavor shall be
made to refer one or more of the vertices of the peri-
meter, each of them, to at least two fixed points on the
ground, or to one fixed point only, provided the distance
to the same is also determined, and the data necessary
to furnish vouchers for the work s*hall be collected.

121

THE GENERAL REGULATIONS.

The description and survey of the property on the
ground does not imply a right to occupy the same, out
serves merely to mark the boundaries of the said mining
tract.

Art. 25. The drawings of the mining properties shall
be made neatly and correctly on cloth paper, so that the
document may be preserved, copies being made on trac-
ing cloth. These drawings shall contain the following
data .

I. The name of the mine, the site of its location;
the municipality, district, "partido," "canton" or depart-
ment; the corresponding State, Territory or Federal Dis-
trict, and the other signs serving to identify the mining
tract.

II. The longitudes of the horizontal projections of
the sides of the perimeter of the mining tract, and
the azimuth of the same sides, or their direction with
reference to the astronomical meridian.

III. The area in hectares included within the hori-
zontal projection of the mining tract.

IV. The scale, which shall be an entire decimal.

V. Even though a compass be used, the astronomic
meridian alone shall be given and shall be represented
by a line, parallel to the right edge of the drawing and
oriented in such a manner that its superior extremity
indicates the astronomic north.

VI. Sights of reference to fixed and conspicuous
points on the ground.

VII. The adjoining mining properties.

VIII. The corresponding date and the signature of
the expert.

Art. 26. The explanatory reports referring to the
survey of mining lands shall necessarily contain, in addi-
tion to a description of the technical operations executed,
all the data indicated on the drawings, so that, in case
of need, a drawing can be made solely with the data in
the report. There shall be given further, in the latter,
the data on the location of the tract and on the rela-
tive position of the pertenencias composing such tract
as they appear in the denouncement, with proper ex-
planatory annotations in the event that such data differ
from those secured on the ground.

Art. 27. The expert shall cause to be built on the
ground, at the points where the monuments are to be
erected under the provisions of Art. 18, solid founda-
tions of masonry, of a height of not less than 50 centi-
meters, of horizontal surface and of square section, the
sides of which shall measure at least 50 centimeters.
There shall be marked on these foundations signs insur-

122

THE GENERAL REGULATIONS.

ing an easy recognition and identification of each of the
monuments according to its designation oa the corres-
ponding 1 drawing.

Art. 28. Experts shall be governed by the terms of
the denouncement in making the corresponding location
and survey, and shall indicate on the plans not only the
monuments of the adjacent mining tracts standing outside
the denounced pertenencias, but also the monuments
standing within the latter, and shall set forth in their
reports all observations made to them by the denouncer,
the owners of the adjacent properties, or any person deem-
ing Ms interests prejudiced by the expert's operations.

Art. 29. If, in the execution of the work referred
to in Art. 18, experts encounter physical resistance, they
shall call upon the local authorities for assistance.

Art. 30. Upon the presentation of the reports to the
Agency, the latter shall publish the fact of such presenta-
tion by means of a notice which shall be posted for a
term of fifteen days on the Bulletin Board of the said
Agency .

Art. 31. After the lapse of the one hundred and
twenty days referred to in Article 21 without the filing
of any opposing claim, or where such claim has been filed
but is based upon one of the grounds mentioned in Art.
43 of the Law, or where the record has been returned
by the courts with a final judgment in favor of the de-
nouncer, Agencies shall, on their strictest responsibility,
and within the following fifteen days, make a copy of the
record and transmit the same with the three copies of
the plan, under registered cover, to the Department of Fo-
mento. With the said documents there shall be includ-
ed a copy in full of the abstract of the denouncement.

Art. 32. Pursuant to the provisions of Art. 27 of the
Law, the party in interest shall be informed that he is
allowed the term of thirty days within which to erect
his monuments, and to certify to the erection of
same. For this purpose a copy of the plant shall be sent
to him which he shall return certified and indicating
exactly on the same the spots where monuments have been
located and the distinctive marks placed on the same.
The said certificate shall attest the fact that the monu-
mens have been located at the points on the ground in-
dicated in the aforesaid plan, and shall be certified, if
possible, by the expert who made such plan, and if this
is Impossible, by some other graduate expert, and failing
the latter by any practical expert of recognized capacity.
Art. 33. In the location of monuments the follow-
ing requirements shall be fulfilled:

123

THE GENERAL REGULATIONS.

,1. Their location shall not be changed so long as the
mining properties which they bound are not modified.
They shall be solidly constructed and kept always in good
repair.

II. They shall be located in suitable places and in
such number as may be necessary so that it shall be pos-
sible to see from any one of the monuments the preced-
ing and the succeeding monument; and by their dimen-
sions, shape, color, or any other characteristics they shall
be distinguishable from the monuments of the adjoining
mining property.

Art. 34. Upon the issue of a title-deed to a mining
property, it shall be delivered to the party in interest or for-
warded to him 'through the Mining Agent, with a copy of
the plan stamped by the Department of Fomento. The
latter shall give to the Department of the Treasury no-
tice that the title has been sent.

As soon as the Agent receives the aforesaid title-
deed, for delivery to the party in interest, he shall post
a notice on the Bulletin Board for the term of thirty days,
notifying such party to come and receive same. If the
party in interest shall not have recovered the title-deed
before the expiration of the said term, the Agent shall at-
tach the deed to the record, together with the notice of
the notification.

The title-deed shall remain in the possession of the
party in interest until the former shall receive the no-
tice of the declaration of forfeiture of the property. If
the document in question shall not have been reclaimed
when this occurs, it shall be returned to the Department
of Fomento.

Art. 35. The publication referred to in Art. 50 of
the Law shall be made for a term of thirty days on the
Bulletin Board, and ten times successively in the Official
Journal of the corresponding State, Territory or Federal
District .

Art. 36. The notice declaring that a mining tract
is free, shall be published for a term of twenty days on
the Bulletin Board of the Agency, the time being reckoned
from the day and hour when the publication is posted on
the said Board to the same hour of the corresponding
closing day, without counting Sundays nor days of na
tional rejoicing or mourningi

NOTE ..See Commentary under Art. 146 of the Law
for an enumeration of the national feast-days and days of
mourning .

124

CHAPTER III.

Opposing Claims.

Art. 37. Only during the term of ninety days reck-
oned from the date of the publication of the abstract shall
any opposition based on one of the grounds indicated in
sections I and II of Art. 37 of the Law, be admissible.

Art. 38 The Agent, upon receipt of an opposing
claim, shall notify the denouncer by means of a notice
posted during ten consecutive days 011 the Bulletin Board
in which notice the names of the opposing claimant and
the applicant and the file number of the record shall ap-
pear. The fact that this publication has been made shall
be noted on the said record, to which a copy of the ori-
ginal text of the notice posted up shall be added.

Art. 39. On the same day on which the Agent re-
ceives the report and plans of the expert he shall cite
the parties in interest to a meeting to be held within
the succeeding fifteen days. The said citation shall be
made by means of a communication sent by mail under
registered cover and shall furthermore be published on
the Bulletin Board for three consecutive days. The re-
gistration receipt and the original of the notice shall be
attached to the record.

At the meeting the Agent shall endeavor to bring
the parties to an agreement in order to avoid judicial
proceedings. These proceedings shall be all noted in
the record.

Art. 40. If when the meeting takes place the parties
should not be reconciled nor decide to adopt administra-
tive channels, the Agent shall forward to the tribunals
the record within the time fixed in Art. 40 of the Law.

Art. 41. In those cases where the record has already
been remitted to the courts before the lapse of the ninety
days referred to in Art. 37, a new opposing claim is filed
based upon one of the grounds specified in Art. 37 of the
Law, the Agent shall not admit such new claim, and shall
inform the opposing claimant that lie must have re-

125

THE GENERAL REGULATIONS.

course to the courts for the vindication of his rights. If
the opposing claim is based upon grounds distinct from
those set forth in the aforesaid Art. 37, the Agent shall
reserve such claim for addition to the proper record when
the latter is received by him from, the courts.

Art. 42. If at the meeting the interested parties
should decide to adopt administrative channels the cor-
responding document will be drawn up and signed by
them and the process snail be continued until completion
of the legal period indicated in Art. 21.

Art. 43. When the Department of Fomento declares
that the opposing claim grounded on any of the causes
referred to in Art. 43 of the Law is taken into consider-
ation, it shall order that it be filed in the Agency just as
in the case of opposing claims covered by Art. 37 of the
same Law. ,

Art. 44. In the determination of an opposing claim,
in the event that the parties should select the adminis-
trative form of trial, in accordance with Art. 41 of the
Law, the Department of Fomento shall be absolutely free
to direct the conduct of whatever proceedings it may
deem expedient to guide its judgment; and after hearing
both parties, who shah be at liberty to submit whatever
may suit their interests, shall deteermine what it may
deem just.

IV.

-Applications relative to the reduction of denouncements,

rectification, reduction and divis'on of mining prop-

', erties, establishments of easements, authorization of

i imeans of transport, explorations, expropriations and

permits to foreigners.

Art. 45. Application for the reduction of a denounce-
ment in progress shall be published during twenty days
on the Bulletin Board of the Agency, and once only within
that same period in the Official Journal of the proper
State, Territory or Federal District, and the interested
party shall file, before the expiration of the one hundred
and twenty days of the process of the record in the Agen-
cy, one copy of the newspaper in which the publication
has been made at his expense.

126

THE GENERAL REGULATIONS.

If, at the time of the application for the reduction,
the expert shall not have presented the drawings, the
Agent shall notify him to make the new surveys and file
his reports and drawings within the time still available
of the term of sixty days referred to in Art. 21.

In case the drawings have been presented at the
time of the application for the reduction, the Agent shall
commission the same expert, if this be possible, and if
not, he shall appoint some other expert to make the new
surveys and to submit his report ami drawings within the
time still available of the said term of sixty days.

At the expiration of the twenty days of publication
on the Bulletin Board, the Agent shall admit denounce-
ments of the excess free ground.

Art. 46. In the case of the reduction of pertenen-
cias of a mining tract under title, referred 'to in Art. 52
of the Law, the appointment of the expert and the deli-
very by the latter of the report and related plans shall
be made in accordance with the provisions of Arts. 18,
19, 20 and 21. Upon receipt of the expert's documents
by the Agent, the latter shall forward a copy of the record
to the Department of Fomento, within a term of fifteen
days, attaching to the said copy the title-deed and related
plan, as also the other records referred to in Art. 45 of
the Law.

Art. 47. In the case of the correction of a mining
tract under title, referred to in Art. 53 of the Law, the
proceedings sha'll be the same as for a new denounce-
ment, and the monuments shall be located in accordance
with the provisions of Art. 32.

Upon the termination of the proceedings, the Agent
shall 'forward a copy of the record to the Department of
Fomento, and when approved, the latter shall direct the
Agent to deliver to the party in interest the certified co-
py of the proceedings, to be attached to his title-deed.

Art. 48. Applications relative to the cases of cor-
rection of mining tracts under title, referred to in
Arts. 54 and 55 of the Law, shall undergo the same pro-
cess as for a new denouncement.

Art. 49. Applications relative to the division of a
mining property into two or more properties shall be ad-
dressed to the Department of Fomento, eithei* directly
or through the proper Mining Agent, with as many plans
in quadruplicate as may be necessitated by the division.
The latter shall be accompanied by a report rendered by
a graduate expert, or failing such by a practical expert of
recognized capacity. The drawings shall be certified by
the expert. The party in interest shall forward at the
same time both the documents and other records men-

127

THE GENERAL REGULATIONS.

tioned in Art. 50 and the stamps needed for the issue of
the new title-deeds. Upon the approval of the plans by
the aforesaid Department, the latter shall set, in accord-
ance with Art. 32, a reasonable term for the erection of
the monuments destined to mark on the ground thf peri-
meters of the new properties, subject to the condition
that if the party in interest fails to comply with this re-
quirement, he shall be held to have withdraw;! his appli-
cation .

Art. 50. The following documents shall br> attached
to petitions for the reduction, correction or division of a
mining tract under title.

I. The title-deed, together with the related plan of
the said property.

II. The certificate to the effect that payment cf the
Federal tax on mining property has been made up to date
on the mine.

III. The documents furnishing proof that the appli-
cant is the owner of the property, or that he is lawfully
authorized by the said owner to make the application .

IV. In the case of reduction, it shall be necessary.
furthermore, to exhibit the certificate showing- that the
property is unencumbered, or to file a legal document
proving the consent of the mortgage creditors to the
making of the reduction.

Art. 51. Applications for the creation of easements
to be made to the Department of Fomento, in accordance
with the provisions of Art. 72 of the Law, shall be ac-
companied by a report rendered by a graduate expert, and
failing the latter by a practical expert of recognized ca-
pacity. The purpose of this report shall be to justify the
necessity and the extent of the easements.

Upon the presentation of the application, the owner
of the property to be burdened shall be cited by an offi-
cial communication and shall be warned that in case he
fails to appear on the day of the citation, the proper rul-
ing will be made in the matter.

When the owner of the servient estate shall have
been heard, or the day set for the hearing shall have
passed by without his appearance at the same, the De-
partment of Fomento, after such proceedings shall 'have
been 'had as the latter may deem expedient, shall render
its decision in the matter.

Art. 52. The Department of Fomento shall auth-
orize, in every instance, the means of transportation 'that
it may deem expedient in cases where the application is
made for the creation of the easement of passage referred
to in Art. 63 of the Law. The parties in interest shall
attach to the application such expert reports and plans

THE GENERAL REGULATIONS.

as they may deem appropriate, and shall forward to the
aforesaid Department suc'h data as the latter may deem
necessary.

Art. 53. Applications relative to exploration per-
mits shall be filed in duplicate with a certificate issued
by a graduate expert to the effect that no mining opera-
tions have 'been conducted within the zone of exploration,
and that the boundaries of the said zone lie at least at
two hundred meters from the boundaries of the nearest
mining property.

The Agent shall return to the party in interest the
duplicate of his application after recording on it the day
and hour of its presentation.

Art. 54. If an exploration is to be conducted on
ground of private ownership, the explorer shall apply for
the proper permission from the owner or his representa-
tive. In the event of its being granted by one of the
latter, there shall be furnished to the explorer the proper
certificate, which shall be filed by the latter with the
Mining Agent that he may 'take due note of and return
the same to the explorer. The explorer shall prove that
the person granting him the permit is the owner of the
land.

Art. 55. If the explorer shall fail to obtain the per-
mit from the owner or his representative, he shall make
application for the same to the Mining Agent, stating
in his application the domicile of the owner and the name
of the surety proposed for the loss and damage which
may be caused by the exploration operations. The Agent
shall post the application on the Bulletin Board for the
term of fifteen days, and shall inform the owner of such
application by means of an official communication warn-
ing him that if he fails to take any action he will be held
to concur. Upon the expiration of the term set for
the publication, the Mining Agent shall set another term
of thirty days for the execution and the acceptance or
rejection of the 'bond, which he shall do under his own
responsibility. Upon the execution of the bond, the
Agent shall issue to the explorer the proper permit, in
which he shall set forth the location of the zone and the
fixed point serving as center of the same.

Art. 56. The Agent shall publish on the Bulletin
Board for the term of thirty days an abstract of the per-
mit, containing the name of the explorer, the fixed point
of easy identification serving as center of the zone of ex-
ploration, the location of the latter and the day of com-
mencement and of termination of the term referred to in
section IV of Art. 124 of the Law.

In all cases of exploration the Agent shall set forth

129

THE GENERAL REGULATIONS.

in the permit or in the record of the notice, that the
exploration operations shall be conducted subject strictly
to the provisions relating thereto of the Mining Police
Regulations .

Art. 57. The application for expropriation, referred
to in Art. 87 of the Law, may be filed with the Depart-
ment of Fomento either directly or through the proper
Mining Agent, and shall be accompanied by a report ren-
dered by a graduate expert, or failing such in the local-
ity, by a practical expert of recognized capacity, and by
the necessary related plans certified by the aforesaid ex-
pert, in order that the Department of Fomento, in the
presence of all the data in the case and after hearing the
owner of the ground, shall issue the corresponding deci-
sion.

Art. 58. The publication referred to in Art. 95 of
the Law shall be made for a term of thirty days on the
Bulletin Board of the Agency and in the official journal
of the Federation ("Diario Oficial.")

Art. 59. The applications relative to permits grant-
ed to foreigners, referred to in Art. 138 of the Law, shall
be addressed to the Department of Fomento, either di-
rectly or through the proper Mining Agent, at the time of
filing the denouncement or within the sixty days follow-
ing the admission of the same.

The said permits shall be granted under the condi-
tion, which condition shall be set forth in the same, that
the mining properties are subject in everything to the
Mexican laws, and it shall not be permissible to plead in
respect of the same any right of foreign status; the
courts of the Republic alone being competent to deter-
mine any question which may arise in respect of such
properties, to the exclusion of all foreign intervention.

SCHEDULE FOR THE PAYMENT OF FEES OF AGENTS
OF THE DEPARTMENT OF FOMENTO IN THE
MINING BUREAU.

Art. 1. Upon the filing of a notice of exploration
of lands of private ownership accompanied by the permit
of the owner of the said land, or upon making applica-
tion for a permit for the exploration of national lands,
four pesos shall be paid for all the related proceedings;
but if application is made at the Agency for the necessary
permission in the event that the owner of the ground
refuses to grant the same, eight pesos shall be paid for
the related proceedings.

Art. 2. For the entire proceedings on a denounce-
ment, including the copy of the record, up to the delivery

130

THE GENERAL REGULATIONS.

of the related title-deed, provided that during the pro-
ceedings there arises no incident of reduction of perte-
nencias or of opposition, the fees indicated below shall
be paid in the following order:

I. Two pesos at the time of the filing of the de-
nouncement, when the latter is recorded.

II. Ten pesos for the acceptance (sic) of the de-
nouncement 'by the Agent.

III. Eighteen pesos upon the receipt by the de-
nouncer of the copy of the abstract of the application for
publication .

Art. 3. For the proceedings caused by an applica-
tion for reduction of pertenencias of a denouncement in
progress, eight pesos upon the filing of the said applica-
tion.

Art. 4. For the entire proceedings on an applica-
tion for correction of a mining property under title, in
any of the cases mentioned in Arts. 53, 54 and 55 of the
Law, provided that during the said proceedings no inci-
dent of opposition arises, and up to the delivery of the
new title-deed or the copy of the record to be attached to
the related title-deed, the fees indicated below shall be
paid in the following order:

I. Ten pesos at the time of the filing of the appli-
cation .

II. Eighteen pesos upon 'the receipt by the applicant
of the copy of the abstract of the application for publi-
cation .

Art. 5. For the proceedings on an application for
division of a mining property, up to the delivery of the
title-deeds of the new properties, five pesos shall be paid
upon the presentation of the application .

Art. 6. For afl the proceedings relative to a reduc-
tion of pertenencias of a mining property under title, ten
pesos, which shall be paid upon the filing of the applica-
tion.

Art. 7. For all the proceedings relative to applica-
tions for expropriation or easement, where the Agent in-
tervenes in the same, there shall be paid in each case five
pesos upon the presentation of the application.

Art. 8. In case of opposition to a denouncement, the
denouncer shall pay for the proceedings before the Agen-
cy ten pesos at the time of holding the conciliatory meet-
ing, without prejudice to his right to make claim for pay-
ment of the said amount by the opposing party in the re-
lated suit.

Art. 9. For the copy of final judgments rendered in
suits adversing denouncements of mining properties,
which copy shall be included in that of the related record

131

THE GENERAL REGULATIONS.

which the Agent forwards to the Department of Fomento,
at the rate of two pesos for each folio or fraction thereof.

Art. 10. For the collation and certification of plans,
two pesos.

For a certified copy of the expert's report, as also of
all manner of documents issued by Mining Agents at the
request of the parties in interest, at the rate of two pesos
per folio or fraction thereof.

For taking note of any document, one peso.

Art. 11. For a search of records or other documents
in the archives, one peso.

When the party in interest fails to furnish sufficient
data and search has to he made through documents cor-
responding to more than one year, one peso for each year
searched .

Art. 12. Agents snail be entitled to receive only the
fees fixed in this schedule, and shall consult the Depart-
ment of Fomento in regard to the amount of the fees to
be charged in cases not provided for in the schedule.

Art. 13. When the proceedings in a case are inter-
rupted for any reason not chargeable to the Agent, fees
which the latter shall have received shall not be returned
by him.

Art. 14. If it should be necessary, owing to irregul-
arities committed by Mining Agents, to reinstate the pro-
ceedings in a case, such reinstatement shall be carried
into effect at the cost of the said Agents, who, in conse-
quence, shall have no right to collect fresh fees for same.

PART FOUR.

MINING TAX LAW OF 1892.

Art. 1. Pursuant to the provisions con-
tained in the related articles of the new Mining
Law (Law of 1892), there is hereby established a
Federal tax on mining property, consisting of two
parts: the one payable once only, in stamps to be
affixed to each mining title, and the other payable
annually on each pertenencia embraced in a con-
cession. For the purposes of the tax, the mining
pertenencia or unit of concession shall be that
established in Art. 14 of the new Mining Law.
(Law of 1892). Accordingly, both old and new
pertenencias of all mines existing in the Republic
wliatever be their extent, shall be appraised in
the units indicated.

For fractions of pertenencias amounting to or
exceeding one half of one pertenencia, the tax
shall be paid as for an entire pertenencia, and
nothing shall be paid for any fraction of a per-
tenencia not amounting to one half.

REFERENCES. The Article fourteen referred to
corresponds to Art. 4 of the New Mining Law of 1909.

In regard to the last clause of the above Article, see
the closing words of the first paragraph of Art. 6 of the
Mining Law.

This Mining Tax Law and its Regulations are still in
force. See Transitory Article 9 of the new Mining Law.

133

THE MINING TAX LAW.

Arts. 2 and 3, and the first two paragraphs
of Art. 4. (The provisions of these Articles are
omitted here because either transitory in charac-
ter or repealed by the provisions of Articles 9 and
10 of the Law on Mining Taxes and Franchises of
March L'5. 1905. as given below.)

Law of March 25, 1905.

Art. 9. The value of the special stamps
which, pursuant to the laws in force, are affixed
to the title-deeds of mines, shall be five pesos for
each pertenencia covered by the said title-deeds,
whatever may be the mineral substances to be
mined.

REFERENCES. Mining Agents are prohibited, un-
der circulars of the Department of Fomento of April 12,
1893, and September 1, 1897, from accepting deposits of
money or stamps to cover mining taxes not yet due.

A ruling of the Department of Fomento of June 5,
1905, directs Agents to give preference to an application
which is accompanied by the certificate of deposit of the
value of the stamps which the law requires to be affixed
to the title-deed, as against another application for the
same mine, filed previously or simultaneously, but unac-
companied by such certificate. Compare Arts. 16 and 34
of the Mining Law.

Law of March 25, 1905.

Art. 10. The annual tax on mining properties
shall be payable as follows:

A. The amount of the tax shall be six pesos
per annum on each mining pertenencia, that is,
two pesos for each period of four months, what
ever may be the substances mined.

B. If the number of pertenencias of the
same mining enterprise is in excess of twenty
five and all such pertenencias are contiguous, the
rate of six pesos shall be paid on the first twen-
ty-five pertenencias, and such rate shall be r<>-

134

THE MINING TAX LAW.

duced to three pesos on each one of the pertenen-
cias in excess of twenty-five.

REFERENCES. In the application of the above Ar-
ticle, the circulars issued hy the Department of the Treas-
ury on April 26, 1905, and October 4, 1907, respectively,
are of interest. They are given in full below.

Circular of the Department of the Treasury of April
26, 1905. In the application of the amendments intro-
duced in the law on mining taxes by Art. 10 of the De-
cree of March 25 last, the President of the Republic has
seen fit to direct that when the pertenencias of the same
mining enterprise are covered by a single title-deed, the
tax shall 'be collected at the rate of six pesos on the first
twenty-five pertenencias and at the rate of three pesos on
the rest; and that when the property of an enterprise
consists of several mines, each covered "by a separate
title-deed, the tax shall be collected at the rate of six
pesos for eclch mining property if the area of the prop-
erty does not exceed twenty-five pertenencias, or in the
manner aforesaid if the area is greater, but always rating-
each property separately; without prejudice to the right
of the parties in interest to have recourse to this Depart-
ment to prove, for the purposes of the tax, that the per-
tenencias covered by different title-deeds are neverthe-
less contiguous; and in such cases, you will be advised
in due course of the rulings issued.

Circular of the Treasury Department of October 4,
1907. Art. 7 of the Law of June 6, 1892, provides that,
when the owner of a mine transfers the sa'me he shall
give the proper notice for the notation in the Register
of Mining Property; and as the tax created by the said
law was uniform, irrespective of the number of pertenen-
cias, Art. 26 of the Regulations of June 30 of the same
Law did not require that notice of the transfer of a mine
be accompanied by the evidence of such transfer, for the
reason that the Treasury was not interested in the ques-
tion of whether the transfer was real and effective, since
the mining tax can, under the Law of June 4 of 1892, be
paid by a person other than the owner of the mine.

But, as Art. 10, section B, of the Law of March 25 of
1905, grants mining enterprises the right to pay at only
(half the ordinary rate of six pesos established in section
A of the aforesaid article on their mining' pertenencias in
excess of twenty-five, provided that all such pertenencias
are contiguous, it is evident that it becomes necessary
to ascertain whether the transfer of any mine, of which
notice is given for the purposes of Art. 7 of the afore-

THE MINING TAX LAW.

said Law of June 6 of 1892, is real and effective, since
otherwise it would be easy to elude payment of the tax
on mining property, by means of a false statement made
by the owner of a mine to the effect that he 'had trans-
ferred his ownership therein to another party, to the end
that, as the latter would appear in the Register of Mining
Property as owner of a number of contiguous pertenen-
cias in excess of twenty-five, there should be paid taxes
on such, excess at the rate established in section B of
Art. 10 of the aforesaid Law of March 25, 1905.

In view of the considerations above detailed, the
President of the Republic has seen fit to issue the follow-
ing provisions respecting the operation of Art. 7 of the
Law of June 6, 1892.

I. The notices of transfer given by the owner of
a mine shall be accompanied by the original instrument
evidencing the same transfer duly recorded in the public
register of the district in which the real estate is situat-
ed; or by a certificate of registration issued. by the per-
son in charge of the public Register.

II. When the party transferring the mine is unable
to present with his statement the documents referred to
in the preceding paragraph, no notation shall be made of
The transfer in the Register of Mining Property, until the
party acquiring the mine presents the aforesaid docum-
ents.

III. The notices referred to in the preceding provi-
sions may be presented to the Principal Stamp Office
directly or through the branch offices or Agencies; or to
the Department of the Treasury. In those cases wftere
the notices are filed with the Principal Stamp Offices, the
latter shall not at once make the notation of the transfer,
but shall transmit the documents to the Department of
the Treasury, so that the latter may examine them and
make the proper ruling in the case.

Law of March 25, 1905.

Art. 11. Applications for the concession of
mining pertenencias or of demasias shall not pro-
duce legal effects, nor be set in motion, unless ac-
companied by the certificate issued by the lo-
<-nl Revenue office, acrediting the deposit in the
said office of the amount of the title tax, accor-
ding to the number of mining pertenencias
embraced in the applications. The said certificate

136

THE MINING TAX LAW.

of deposit shall be returned to the parties in in-
terest as soon as the corresponding stamps have
been cancelled on the title-deeds of the mine
under consideration or the denouncement has
been definitively rejected.

REFERENCES. Compare Arts. 16 and 34 of the
Mining Law.

Art. 4, Paragraph 3. The Federal tax estab-
lished in Art. 1, consisting of the annual payment
on pertenencias and the stamps to be affixed to
the title-deed, shall be paid on all mining proper-
ties except such as are expressly exempt frm
such taxes under a contract made with the exe-
cutive by virtue of authority conferred by the
legislative power, or approved by the latter, and
such exemption shall last only for the period sti-
pulated in the contract and shall not be reneved.

Art. 5. The annual tax on mining property
.shall be paid in advance, in three equal instal-
ments, each fiscal year, payment being made dur-
ing the first month of each period of four months,
in such Offices of the Treasury as mny be desig-
nated in the Regulations of this Law, and the
parties in interest shall present themselves punc-
tually in the said Offices to make the aforesaid
payment, without need of notice or other requisite
whatsoever on which a delay or excuse for non-
payment might be grounded.

Art. 6, Paragraphs 1 and 2. (The provisions
contained in these paragraphs are omitted here
because transitory in character.)

137

THE MINING TAX LAW.

Art. ('}, Paragraph 3. Any owner of a mine
who fails to pay the annual property tax during
the first month of each quadrimester shall suffer
a fine equal to fifty per centum of the amount of
the tax, provided payment be made during the
second month; if payment be made during the
third month, the fine shall be equal to the amount
of the tax. Upon the expiration of the last
named term without payment of the tax and sur-
charges, the property shall be forfeited without
any recourse whatsoever, and it shall be so de-
clared by the Department of the Treasury and pub-
lished in the Diario Oficial, to the end that
any other person may make application for the
said property.

Art. 7. When the owner of a mine transfers the
same, he shall give proper notice of such transfer
for notation in the Register, and the stamps re-
quired by the Stamp Law shall be affixed to the
deed of sale.

REFERENCES. See circular of the Department of
the Treasury of October 4, 1907, above, and Art. 26 of
the Regulations appended to this Law.

Art. 8. In the event that any person or compa-
ny does not desire to continue the operation of
any mines owned by such person or company, the
latter shall give notice in writing to the proper
Treasury Office, so that the tax may be liquidated
up to the date of the notice and the proper no-
tation made in the Register.

REFERENCES. See Art. 27 of the Regulations be-
low.

138

THE REGULATIONS OF THE MINING TAX LAW.

Tax on Title-Deeds.

(The first sixteen Articles of the Regulations are omit-
ted here because their provisions are either transitory in
character or superseded by later legislation, as set forth
in the preceding pages.)

Annual Tax.

Art. 17. The annual tax referred to in Art. 4 of the
Law shall be collected by the Offices of Stamp Reve-
nues pursuant to the Laws of March 31, 1887, December
9, 1891, and other laws in force, and shall be paid in in-
ternal revenue stamps, which shall bear the legend "Im-
puesto Minero" (Mining Tax) printed diagonally across
the same.

Art. 18. The Collectors in Chief of stamp revenues
shall receive, as sole compensation, two per centum of
the gross receipts from the sale of stamps for the an-
nual mining tax.

Art. 19. The Collectors in Chief of stamp revenues
shall keep a register of the mines situated in their res-
pective jurisdictions, containing the data furnished to
them by the Department of the Treasury.

Art. 20. The owners or possessors oi mines shall
make payment of the tax in the proper Principal or
Branch Stamp Office; but the Department of the Treas-
ury is empowered to modify this rule where it deems a
modification is equitable and expedient, notifying the Gen-
eral Office so that it may in turn notify the Principal
Revenue Office in whose district the mine lies.

Art. 21. The Collectors in 'Chief of Stamp Revenues
shall see that the Branch Office or Agency transmits to
them, in due course, the stubs of the stamps sold for each
mine, the same being affixed to sheets of paper on which
shall be stated, respectively, for which mine the stamps
were sold and whether the sale corresponds to the area
set forth in the title-deeds and indicated in the duplicate
of the same.

139

THE MINING TAX REGULATIONS.

Immediately the Collectors in Chief receive the said
sheet, they shall transmit the same to the Department
of the Treasury, to which latter they shall forward at the
end of each fiscal year the records of such sheets, corres-
ponding 'to each mining enterprise.

Art. 22. The three quadrimestral payments referred
to in Art. 5 of the Law shall be made before July 31,
November 30 and March 31, respectively, of each year.
To this end the proper Principal or Branch Stamp Office
shall deliver to each party in interest a manifest contain-
ing the following:

I. The words "Impuesto Minero" (Mining Tax) as a
heading .

II. The name of ihe State and of the Municipality
in which the Office issuing said manifest belongs.

III. The name of the mine, the number of mining
pertenencias upon which the tax is to be paid, the Muni-
cipality in which the mine is situated, the name of the
party, company or organization in possession of the same,
and the ordinal number of the register of the title-deed.

IV. The amount of the tax to be paid every four
months .

V. Three columns in blank, in which shall be af-
fixed the stamps corresponding to each period of four
months, the said stamps to be properly cancelled. The
parties in interest shall see that the manifest referred to
in this Article, with the stamps evidencing the payment
of the tax affixed thereto, is posted in some conspicuous
place in the Office of the mining concern.

Art. 23. Immediately any quadrimestral payment
falls due under the provisions of the preceding article,
and the Principal Stamp Revenue Office receives notice
of the failure to make such payment, said office shall
communicate the fact to the Agent of Fomento. so that
the latter may post, for the period cf one month, a no-
tice on the Bulletin Board referred to in Art. 21 of the
Regulations of June 25, 1892. which notice shall have,
respecting the creditors of mines, the effects of citation
indicated in Art. 25 of the Law of the fourth instant.
The said creditors shall not be empowered to make the
payment of the tax until the aforesaid notice is posted
on the Bulletin Board of the Agency of Fomento.

References. See Art. 145 of the new Mining Law of 1909.

Art. 24. If there exists within the district of the
Principal Stamp Office no Agency of Fomento, to which
the notice referred to in the preceding Article can be

140

THE MINING TAX REGULATIONS.

given, the said Principal Office shall notify the creditors
of mines through the proper District Court, ascertaining
first from the proper Commercial Register who the cred-
itors are.

Art. 25. Upon the expiration of the term set forth
in the last paragraph of Art. 6 of the Law without pay-
ment of the tax, the Principal Offices of Stamp Revenues
shall immediately notify the Department of the Treas-
ury, so that the latter may declare forthwith the forfeit-
ure of the property, and that the Department of Fomento
may dispose of the mine. The declaration referred to
shall be published in the "Diario Oficial."

Art. 26. The notice referred to in Art. 7 of the Law
shall be given in writing by the party in interest to the
Principal Office of Stamp Revenues through the proper
Branch Office or Agency. The Principal Office shall no-
tifiy thft Department of the Treasury in order that the proper
notation may be made in the Register.

Art. 27. The notices referred to in Art. 8 of the
Law shall also be given in the manner provided in the
preceding article. The Principal Office shall communi-
cate the said notices to the Department of the Treasury,
in order that the latter may make the notation in the Re-
gister and the proper publications of notices in the "Dia-
rio Oficial," as also the proper liquidation, which last the
aforesaid Department shall communicate to the proper
Principal Office, to the end that the latter may return to
the applicant whatever may be due him.

Art. 28. (The provisions of this Article are omitted
here because of temporary application only.)

14!

INDEX.

(Figures refer to pages unless otherwise indicated.)

ABANDONMENT,

suspension of operations does not imply, 7 (Introd.)

of denouncement, 46 (art. 14).

of adA r erse claim, 60 (art 45).

non-payment of taxes is equivalent to, 63 (art. 51).

of ore-dump, 105 (notes).

liquidation of taxes in cases of, 138 (art. 8).

ABSENCE,

of mining agent, 116 (arts. 4, 6).

ACQUISITION OF MINES. See also Denouncement; Title,
in general, 44 (art. 11).

ACTIONS, 94 See Suits.

ADVERSE CLAIMS. See Opposition.

AGENT,

power of attorney in denouncements, 48 (art. 20).

AGENTS, MINING. See Mining Agents.
ALIENS, 106. See Foreigners.

ALLOTMENT OF MINING GROUND. See Denouncement;

Title.
AMENDMENTS. See Correction; Reduction; Increase.

AMPARO,

nature of proceeding, 12 (Introd.)

ANNUAL LABOR,

not required, 7 (Introd.)

ANNUAL MINING TAX. See also Taxes Federal Mining,
amount of, 134 (art. 10).
when payable, 140 (art. 22).

ANTIMONY,

deposits of, 36 (art. 1).

APEX RULE,

not recognized, 41 (art. 8).

APPLICATION. See also Denouncement; Title.

form of, in denouncement proceedings, 24 (Introd.)

143

INDEX.
(Figures refer to pages unless otherwise indicated.)

AQUEDUCT EASEMENT OF. See also Drainage Ease-
ment Of.
in general, 67.

in non-mining property, 67 (art. 61).
governed by Civil Code of Federal District, 69 (art. 62).

ARCHIVES,

of mining agency, 117 (art. 7).

ARRESTO MAYOR,

meaning of, 89 (art. 98, notes).

ARRESTO MENOR,

meaning of, 89 (art. 98, notes).

ARSENIC,

deposits of, 36 (art. 1).

ASOCIACIONES,

permitted under the new law, 77 (art. 79. notes).

ASPHALT BEDS,

belong to owner of soil, 37 (art. 2).

ASSESSMENT WORK,

not required, 7 (Introd.)

ASSIGNEE,

title issuable in favor of, 61 (art. 49).

ASSOCIATIONS MINING, 76. See Companies Mining.

ATTACHMENT,

of mining property wrongfully acquired by foreigners,
109 (art. 144).

BASALT DEPOSITS,

ownership of, 37 (art. 2).

BISMUTH,

deposits of, 36 (art. 1).

BITUMINOUS SUBSTANCES,

ownership of, 37 (art. 2).

BLANK FORM,

of application in denouncement, 24 (Introd.)

BONDHOLDERS,

of mining companies may pay tax, 109 (art. 145 1.
notice to, when tax not paid, 140 (arts. 23-25).

144

INDEX.
(Figures refer to pages unless otherwise indicated.)

BORDER ZONE. See also Foreigners.

denouncements by foreigners in, 106 (art. 136).

BOUNDARIES. See also Monuments.

operations may not be extended beyond, 41 (art. 8).

BOUNDARY ZONE. See also Foreigners.

denouncements by foreigners in, 106 (art. 136).

BRIBERY,

of public officer, 89 (art. 99).

BULLETIN BOARD,

location of, in Mining Agency, 117 (art. 7).

BURDEN OF PROOF,

in opposition proceedings, 96 (art. 115).

CABLE LINES,

easement of passage for, 70 (art. 63).

CANCELLATION OF TITLE,

when title obtained through fraud, 97 (art. 116).
where property acquired by a foreigner is in border
zone, 108 (art. 140).

CARTA PO.DER,

meaning of term, 49 (art. 20, notes).

used in denouncement proceedings, 48 (art. 20).

CASSATION PRpCEEDINGS,

in mining suits, 113 (art 4).

CHANGES,

introduced by new mining law, 30 (Introd.)

CHARGES. See Fees.

CHROMIUM,

deposits of, 36 (art. 1).

CITIZENSHIP. See Foreigners.

CIVIL CODE OF FEDERAL DISTRICT,

governs mining property, 37 (art. 3).

governs easements of passage, drainage and aqueduct,

69 (art. 62.)
aplicable in the creation of easements, 75 (art. 77).

CLAIMS. See Pertenencia; Mining Property; Opposition;
Suits.

145

INDEX.
(Figures refer to pages unless otherwise indicated.)

CLAYS,

deposits of, 37 (art. 2).

CLOCK,

in Mining Agency. 117 (art. 7).

COAL,

deposits of, 37 (art. 2).

COAL MINES,

subject to mining police regulations, 104 (art. 133).

COBALT,

deposits of, 36 (art. 1).

CODE THE MINING,
text of, 36.

COLLECTORS OF TAXES,

duties of, 139 (arts. 21-27).

COLLUSjVE PROCEEDINGS,

in mining suits, 98 (art. 121).

COMBUSTIBLES MINERAL,

deposits of, 37 (art. 2>.

COMMERCIAL CODE,

operative in mining matters. 76 (art. 79).

COMMON PROPERTY,

meaning of term, 38 (art. 3, notes).

COMMUNITY RIGHTS,

of married women in mines, 79 (art. 82, notes).

COMPANIES MINING,

in general, 76.

general statement of law regarding, 14 (Introd.)

subject to Commercial Code, 76 (art. 79).

value placed on corporate property by, 77 (art. 80)

if foreign, may not denounce or acquire property in

border zone, 107 (art. 139).

meaning of term under the law, 108 (art. 139, notes),
adjudication of property in border zone to foreign,

under judgment for debt, 108 (art. 142).
inheritance of property in border zone by foreign. 108

(art. 142).

COMPROMISE. See Conciliatory Meetings.

COMPUTATION OF JUDICIAL TERMS,

rules for making, 110 (arts. 146-147).

146

INDEX.
(Figures refer to pages unless otherwise indicated.)

CONCESSIONS MINING. See also Mining Property;

Title ; Title-Deed ; Denouncement ; Pertenencia.
how to obtain, 20 (Introd.)
rights to drive tunnels under, 111 (art. 148).
giving exploration rights, 112 (art. 2).
laws establishing preferential rights are repealed, 115

(art, 8).

CONCILIATORY MEETINGS,

failure to attend, by denouncer, 55 (art. 32).
calling of, 57 (art. 39).

failure to attend, by opposing claimant, 60 (art. 45).
procedure relative to, 125, (arts. 39-40).

CONDEMNATION OF GROUND, 82. See Expropriation.
CONFLICTS. See Opposition; Suits; Subsurface Rights.

CONSIDERATION,

lack of, does not affect mining contracts, 78 (art. 81).

CONTIGUITY,

of pertenencias, 48 (art. 19).

CONTRACTS MINING,

considered as mercantile acts, 76 (art. 79).
not rescindable for lesion, 78 (art. 81).

CONVEYANCES MINING,

considered as mercantile acts, 76 (art. 79).

value attributed to, when company incorporates, 77.

(art. 80).
not rescindable on ground of lesion, 78 (art. 81).

CO-OWNERS,

rights of, in mines, 38 (art. 4, notes).

should all sign denouncements, 61 (art. 49), 119 (art. 17).

COPIES OF DOCUMENTS,

fees payable to Mining Agent for, 131 (arts. 9-10).

COPPER,

deposits of, 36 (art. 1).

CORPORATIONS MINING,

in general, 76.

general statement of law regarding, 14 (Introd.)
subject to Commercial Code, 76 (art. 79).
value placed on corporate .property by, 77. (art. 80).
if foreign, may not denounce or acquire property ip
border zone, 107 (art. 139).

INDEX.
(Figures refer to pages unless otherwise indicated.)

CORPORATIONS MINING continued.

meaning of term under the law, 108 (art. 139, notes),
adjudication of property in border zone to foreign,

under judgment for debt, 108 (art. 142).
inheritance of property in border zone bv foreign, 108

(art. 142).

CORRECCION,

meaning of term, 91 (art. 101).

CORRECTION. See also Denouncement.

of location to accord with title-deed, 65 (art. 53).

of title-deed, 65 (art. 54).

of location to accord with denouncement, 65 (art. 55).

filing of petition for, 66 (art. 56).

made by direction of Department, 66 (art. 56).

erection of monuments in cases of, 66 (art. 57).

must be based on denouncement, 67 (art. 59).

competency of Federal courts to try cases involving,

94 (art. 107).
detailed procedure in cases of, 127 (arts. 47-48), 128

(art. 50).
fees payable in proceedings involving, 131 (art. 4).

COURTS. See Suits; Jurisdiction.

CREDITORS,

of mining organizations may pay mining tax, 109

(art. 145).
notice to, when mining tax not paid, 140 (arts. 23-25).

CRIMINAL OFFENSES. See also Mining Agent; Expert

Surveyor.

governed by Penal Code of Federal District, 88 (art. 97).
committed by Mining Agent or expert surveyor, 89

(arts. 98-101).

falsification of document by private party, 89 (art. 99).
fraudulent omission of expert surveyor to file reports,

90 (art. 100).

jurisdiction of Department over, 90 (art. 101).
negligent failure of expert surveyor to file reports,

90 (art. 101).

breach of the law by Mining Agent, 90 (art. 101).
disobedience of orders of Department, 91 (art. 101).
breach of regulations by private party, 91 (art. 101).
exploitation without title, 92 (arts. 102-103).
robbery of minerals by employees, 93 (art. 104).
destruction or removal of monuments, 93 (art. 105).
resistance to expert surveyor's work, 93 (art. 106).

148

INDEX.
(Figures refer to pages unless otherwise indicated.)

CRIMINAL OFFENSES continued.

competency of Federal courts to try, 94 (art. 107).
jurisdiction in cases of, 96 (art. 111),
procedure applicable in cases of, 98 (art. 120).

DECISIONS,

must be recorded, 78 (art. 82).

DEFAULT. See Denouncement; Title-Deed.

DEFECTS IN DENOUNCEMENT PROCEEDINGS. See

Denouncement.

DELINQUENT TAXPAYERS,

fines imposed upon, 138 (art. 6).
loss of property by, 138 (art. 6).

DELITO,

meaning of term, 91 (art. 101, notes).

DEMASIA,

use of term, 40 (art. 5, notes),
denouncement of, 40 (art. 6).

DENOUNCEMENT. See also Mining Property; Mining
Agent; Opposition; Registration; Title.

in general, 5 (Introd.)

meaning of term, 21 (Introd.), 44 (art. 11, notes).

summary of law relating to, 21 (Introd.)

form of application in, 24 (Introd.)

acquisition of title by, 44 (art. 11).

permitted only in free ground, 44 (art. 12).

by persons guilty of default, 46 (art. 14).

distinction between default and withdrawal in proceed-
ings of, 46 (art. 14, notes).

data required in application of, 46 (art. 15), 119 (arts.
16-17).

deposit of taxes when making, 46 (art. 16), 136 (art. 11).

contiguity of pertenencias in, 48 (art. 19).

presentation of, in person or by agent, 48 (art. 20).

registration of, by Mining Agent, 49 (art. 21).

rejection of, by Mining Agent, 49 (art. 21).

when not sufficiently clear, 49 (art. 21).

reception, admission, and approval of, distinguished,
49 (art. 21, notes).

procedure when applications of, filed simultaneously, 50
(art. 22), 51 (art, 24).

149

INDEX.
(Figures refer to pages unless otherwise indicated.)

DENOUNCEMENT continued.

aclmissiton of, by Mining Agent, 50 (art. 23).

refusal to admit, reviewable by Department, 50 (art. 23).

procedure after admission of, 51 (art. 25).

disapproval of records of, by Department, 53 (art. 28).

defects in proceedings of, 53 (art. 28).

reinstatement of proceedings in. 54 (art. 29).

amendment of proceedings in, 54 (art. 30).

defects in proceedings attributable to Mining Agent or

surveyor, 54 (art. 31).
failure to attend conciliatory meeting.-; by denouncer,

55 (art. 32).

withdrawal of, 55 (art. 33).

failure to furnish revenue stamps in, 55 (art. 34).
failure to pay fees in proceedings of, 56 (art. 35).
disposition of tax deposited when denouncement is with-
drawn, 56 (art, 36).
failure to attend conciliatory meetings by adverse

claimant, 60 (art. 45).

reduction of number of pertenencias in, 61 (art. 46).
increase of number of pertenencias is not permissible,

61 (art, 47).

is made basis of all corrections, 67 (art. 59).
in border zone by foreigners, 106 (art. 136).
when proceedings in. are pending Jan. 1, 1910, 112

(art. 3).
laws giving preferential rights of, are repealed. 115

(art. 8).

disqualified Mining Agents must register, 118 (art. 8).
of ground not within district of a Mining Agency, 118

(art. 10).

must be filed with proper Mining Agency, 119 (art. 13).
details of procedure in, 119 (arts. 13-36).
of ground Iving within two or more mining districts,

119 (arts. 14-15).
details of procedure in appointment of expert surveyor,

119 (arts. 18-22).

term allowed for filing of report by expert survevor,

120 (art. 21).

duration of proceedings of, 24 (Introd.), 123 (art. 31).
delivery of abstract of proceedings of, to denotmcer,

121 (art, 21).

abstract of, to be published on bulletin board. 12J

(art, 21).
publication of, in periodicals. 121 (art. 21 >.

INDEX.
(Figures refer to pages unless otherwiss indicated.)

DENOUNCEMENT continued.

publication of, is notice to adverse claimants, 121

(art. 23).

method prescribed for making plans of, 121 (arts. 24-28).
data contained in, govern survey, 123 (art. 28).
publication of filing of surveyor's report, 123 (art. 30).
publication of notice regarding free ground, 124 (arts.

35-36).

fees payable in proceedings on, 130 (art. 2).
is given preference when accompanied by certificate of

deposit of tax, 134 (art. 9, note).

DEPARTMENT OF FOMENTO,

general functions of, 45 (art. 13, notes).

decisions of Mining Agents renewable by, 61 (art. 48).

criminal jurisdiction of, 90 (art. 101).

inspection of mines by, 102 (arts. 126-129).

suspension of mining operations by, 103 (arts. 130-132).

DEPOSIT,

of taxes when making denouncement, 46 (art. 16), 136
(art. 11).

disposition of tax, when denouncement is withdrawn,
56 (art. 36).

of tax when number of perffeaeneiaa denounced is ap-
proximate, 47 (art. 18).

denouncement accompanied by certificate of, is given
preference, 134 (art. 9, notes).

of revenue stamps may not be accepted by Mining
Agents, 134 (art. 9, notes).

DEPOSITS OF ORE,

federal ownership of, 3 (Introd.), 36 (art. 1).
private ownership of, 4 (Introd.), 37 (art. 2).

DEPUTY MINING AGENT,

appointment and duties of, 116 (arts. 4-6).

DEPUTY MINERAL SURVEYOR. See Expert Surveyor.

DERECHOS REALES,

meaning of term, 78 (art. 82, notes).

DESCRIPTION,

of tract denounced, 46 (art. 15), 119 (art. 16).

as contained in denouncement prevails, 67 (art. 59).

of tract surveyed by expert surveyor, 121 (arts. 24-28).

DEVELOPMENT,

of mines without title, 92 (arts. 102-103).

151

INDEX.
(Figures refer to pages unless otherwise indicated.)

DISCOVERY,

gives no preferential rights, 5 (Introcl.)

DISMEMBERMENTS OF PROPERTY,

meaning of term, 38 (art. 3, notes).

DISOBEDIENCE,

of orders issued by Department, 90 (art. 101).
interference with survey, 93 (art. 106).

DISQUALIFICATION. See also Denouncement,
of fraudulent surveyor, 90 (art. 100).
of Mining Agent, procedure in cases of, 118 (art. 8).
of Mining Agent, grounds of, 118 (art. 9).

DIVISION,

of pertenencias is not permissible, 38 (art. 4).
of a mining property, 67 (art. 60).
detailed procedure in cases of, 127 (arts. 49-50).
fees payable in proceedings for, 131 (art. 5).

DOCUMENT STAMPS,

deposit of value of, when denouncing, 46 (art. 16), 136

(art, 11).
deposit of value of, when number of pertenencias

denounced is approximate, 47 (art. 18).
failure to furnish, 5ef (art. 34).
value of, to be affixed to title-deed, 134 (art. 9).
when value of, is not deposited denouncement loses

preference, 134 (art. 9, notes).
may not be deposited with Mining Agent, 134 (art. 9,

notes).

DOMESTIC CORPORATION. See also Companies Mining,
general statement of law regarding, 15 (Introd.)

DOWER RIGHTS,

in mining proerty, 79 (art. 82, notes).

DRAINAGE EASEMENT OF. See also Easements;
Aqueduct.

in non-mining property, 67 (art. 61).

in mining property, 67 (art. 61).

governed by Civil Code of Federal District, 69 (art. 62).

nature of, 71 (art. 66).

limitations of, 71 (art. 67).

right of servient estate to use tunnels, 71 (art. 68).

rules to be observed in exercise of, V'2 (art. 70).
DRAWINGS,

method prescribed for preparations of, 121 (arts. 24-28).

to be based on terms of denouncement, 123 (art. 28).

152

INDEX.
(Figures refer to pages unless otherwise indicated.)

DUMPS,

law regarding, 104 (art. 134).

EARTHS MINERAL,

ownership of, 37 (art. 2).

EASEMENTS. See also Passage; Ventilation; Aqueduct;
Drainage ; Transmission of Electric Power ; Ex-
propriation.

general statement of law regarding, 8 (Introd.)

text of law regarding, 67.

legal nature of, 68 (art. 1, notes).

obligatory and voluntary, distinguished, 68, notes.

distinguished from expropriation, 69 (art. 61, notes).

synonym of servitudes, 70 (art. 64, notes).

method of creating, 73 (art. 71).

procedure in creating, 74 (arts. 72-77).

provisional creation of, 74 (art. 74).

Civil Code of Federal District applicable in creation of,
75 (art. 77).

enlargement of, 76 (art. 78).

place of registration of, 80 (art. 84).

competency of Federal courts, 94 (art. 107).

jurisdiction in suits involving, is determined by
situation of dominant estate, 95 (art. 109).

detailed procedure in creation of, 128 (arts. 51-52).

fees payable in proceedings creating, 131 (art. 7).

EFFECTIVE,

date when Mining Law becomes, 112 (art. 1).

EJECTMENT,

use of private force is not permissible to secure, 62
(art. 49, notes).

ELECTRIC POWER EASEMENT OF TRANSMISSION

OF, See also Easements.
in non-mining property, 67 (art. 61).
nature of, 70 (art. 65).

EMINENT DOMAIN. See Expropriation.

EMPLOYEES,

robbery of ores by, 93 (art. 104).

END LINES,

operations may not extend beyond, 41 (art. 8).

153

INDEX.
(Figures refer to pages unless otherwise indicated.)

ENTRIES. See Denouncement.

EXCUSES,

for non-payment of mining tax are not accepted, 137
(art. 5).

EXPEDIENTS,

meaning of term, 51 (art. 23. notes).

EXPERT SURVEYOR,

appointment of, 51 (art. 25).

defects in denouncement proceedings attributable to,

54 (art. 31).

guilty of falsification of documents, 89 (arts. 98-99).
fraudulent omission to file reports, 90 (art. 100).
negligent failure to file reports, 90 (art. 101).
disobedience of departmental orders by, 91 (art. 101).
resistance offered to work of, 93 (art. 106) ; 123 (art.

29).

register of, in Mining Agency, 118 (art. 7, VIII).
qualifications of, 118 (art. 7, VIII).
detailed procedure in appointment of, 119 (arts. 18-22).
data to be contained in report of, 119 (art. 18), 121

(arts. 24-28).

term allowed for making of report by, 120 (art. 21).
method prescribed for making plans of, 121 (arts. 24-28).
publication ot filing report by, 123 (art. 30).

EXPLOITATION,

of minerals without title, 92 (arts. 102-103).

EXPLORATION,

summary of law relating to, 20 (In trod),
distinguished from exploitation, 92 (art. 102, notes),
method of determining zone of, 100 (art. 124 I).
permission to conduct, in private ground, 100 (art. 124

II).
permission to conduct, in public ground. 101, (art.

124 III).

duration of term of, 101 (art. 124 IV).
permits not renewable, 101 (art. 124 IV).
explorer has preferential right to denounce, 101 (art.

124 V).
lapse of six months required between periods of, 101

(art. 124 VI).

controversies regarding permits of, 101 (art. 124 VII).
permits of, are not procurable in ground previously

worked, 101 (art. 124 VIII).

154

INDEX.
(Figures refer to pages unless otherwise indicated.)

EXPLORATION continued.

permits of, are not procurable within two hundred
meters of mineral grant, 101 (art. 124 VIII).

permits of, are not procurable within precincts of

inhabited places, 101 (art. 124 VIII).

near buildings or railroads, 101 (art. 124 IX).

existing concessions of, 112 (art. 2).

details of procedure in securing permits of, 129 (arts.
53-56).

fees payable for permits of, 130 (art. 1).

EXPROPRIATION. See also Easements.

general statement of law regarding, 8 (Introd.)

text of law regarding, 82.

grounds of, 82 (art. 87).

prerequisites of, 83, notes.

procedure in cases of, 84 (arts. 88-95).

provisional occupation of ground, 84 (art. 89).

entry into possession of ground, 84 (art. 90).

decisions of Department regarding, are subject to

judicial review, 85 (arts. 91-94).
when owner of ground is unknown, 86 (art. 95).
recovery of ground lost by, 87 (art. 96).
competency of Federal courts in cases of, 94 (art. 107).
judicial compulsion in cases of, 97 (art. 118).
summary proceedings in cases of, 97 (art. 119).
detailed procedure relative to, 130 (arts. 57-58).
fees payable upon application for, 131 (art. 7).

EXTRALATERAL RIGHTS,

not recognized, 41 (art. 8).

FALSIFICATION OF DOCUMENTS,

by Mining Agent or expert surveyor, 89, (arts. 98-99).
by private party, 89 (art. 99).

FALTA,

meaning of term, 91, notes.

FEAST-DAYS,

enumeration of, 110 (art. 146, notes).

FEDERAL COURTS,

competency to try suite, 94 (arts. 107-108).

FEDERAL OWNERSHIP,

of mineral deposits, 3 (Introd.), 36 (art. 1).

155

INDEX.
(Figures refer to pages unless otherwise indicated.)

FEDERALIZATION OF MINING LAW,

mining code is operative throughout the Republic, 18
(Introd.)

mining property is subject to Civil Code of Federal
District, 37 (art. 3).

Commercial Code is applicable to mining contracts, 76
(art. 79).

criminal offenses relative to mining are subject to Pe-
nal Code of Federal District, 88 (art. 97).

FEES,

failure to pay, 56 (art. 35).

schedule of, 130.

in exploration proceedings, 130 (art. 1).

in denouncement proceedings, 130 (art. 2).

in reduction proceedings, 131 (arts. 3, 6).

in correction proceedings, 131 (art. 4).

in division proceedings, 131 (art. 5).

in expropriation proceedings, 131 (art. 7).

in proceedings for creation of easements, 131 (art. 7).

in opposition proceedings, 131 (art. 8).

payable for copies of documents, 131 (arts. 9-10).

payable for collation and certification of plans. 132

(art. 10).

payable for search of records, 132 (art. 11).
in cases of doubt regarding, Mining Agent must consult

Department, 132 (art. 12).
returnable to party when proceedings interrupted, 132

(art. 13).
not payable when Mining Agent is at fault, 132 (art. 14).

FINES,

classification of, under law, 89 (art. 98, notes),
imposed upon delinquent taxpayers, 138 (art. 6).

FISCAL LAWS,

relative to mining are not repealed, 115 (art. 9).

FOMENTO DEPARTMENT OF,

general functions of, 45 (art. 13, notes).

decisions of Mining Agents are reviewable by, 61 (art.

48).

criminal jurisdiction of, 90 (art. 101).
inspection of mines by, 102 (arts. 126-129).
suspension of mining operations by, 103 (arts. 130-132).

FOREIGNERS,

summary of law regarding, 13 (Introd.)

156

INDEX.
(Figures refer to pages unless otherwise indicated.)

FOREIGNERS -continued .

denouncement of mines by, in border zone, 106 (art. 136).
when denouncing jointly with Mexicans in border zone,

106 (art. 136).
if individuals, may not acquire mining property in

border zone without permission, 107 (art. 137).
if companies, are not qualified to denounce or acquire

mining property in border zone, 107 (art. 139).
acquisitions made by, when in contravention of the

law, are null, 108 (art. 140).
inheritance of mining property by, in border zone, 108

(art. 141).
adjudication of mining property in border zone to,

under judgment, 108 (art. 141).
inheritance of mining property by foreign companies in

border zone, 108 (art. 142).
adjudication of mining property in border zone to

foreign companies under judgment, 108 (art. 142).
courts must report to Department proceedings regarding

acquisition by, in order zone, 109 (art. 143).
attachment and sale of property in border zone wrong-
fully acquired by, 109 (art. 144).
denouncement made by, in border zone pending on

January 1, 1910, 113, notes,
procedure relative to permits granted to, 130 (art. 59).

FOREIGN COMPANIES. See also Foreigners.

general statement of law regarding, 17 (Introd.)

FOREIGN DOCUMENTS,

effective from date of registration, 81 (art. 86).
protocolization of, 81 (art. 86).

FORFEITURE OF MINES,

failure to pay tax is sole ground of, 7 (Introd.)
for non-payment of mining tax, 63 (art. 51).
acquired under Law of June 6, 1892, 113 (art. 5).

FORGERY,

by Mining Agent or expert surveyor, 89 (arts. 98-99)..
by private party, 89 (art. 99).

FORM OF APPLICATION,

in denouncement proceedings, 24 (Introd).

FRACTION. See Demasfa.

157

INDEX.
(Figures refer to pages unless otherwise indicated.)

FRAUD. See also Criminal Offenses.

suit for annulment of title when obtained by, 97
(art. 116).

FREE GROUND,

meaning of term, 44 (art. 12).

denouncements are admissible only in, 44 (art. 12).

what is not, 45 (art. 13).

publication of notice in regard to. 45 (art. 13), 124

(arts. 35-36).
mining in, 92 (art. 102).

FRONTIER ZONE. See also Foreigners,
in general, 106.

FUNDO Ml NERO. See Mining Property,
meaning of torm, 39 (art. 5).

GAS,

belongs to owner of soil, 37 (art. 2).

GENERAL PRINCIPLES,

of the Mining Law, 3 (Introd.)

GENERAL REGULATIONS,

text of, 116.

GOLD,

deposits of, 36 (art. 1).

GORE. See Demasia.

GOVERNMENT OWNERSHIP,

of mines, 3 (Introd.), 36 (art. 1).

GRADUATE EXPERT SURVEYORS,

who are, 118 (art. 7 VIII).

GRANT MINERAL. See also Denouncement; Mining

Property; Title; Title-deed.

general statement of law regarding, 5 (Introd.)
how to obtain a, 20 (Introd.)
form of application for, 24 (Introd.)

HECTARE,

equivalent of, in acres, 40 (art. 6).

158

INDEX.
(Figures refer to pages unless otherwise indicated.)

HOLIDAYS LEGAL,

enumeration of, 110 (art. 146, notes).

IMPROVEMENT,

of mining property is not required, 7 (Introd.)

INCREASE,

of number of pertenencias in denouncement, 61 (art. 47).

INFRACTIONS OF THE LAW. See Criminal Offenses;
Denouncement ; Mining Agent.

INHERITANCE,

of mining property by foreigners in border zone, 108
(art. 141-142).

INNOVATIONS,

introduced by the new Mining Law, 30 (Introd.)

INSPECTION,

of work done in the exercise of rights of easement, 72

(art. 70).
of mines by direction of Department, 102 (art. 126).

object of, 102 (art. 126), 103 (art. 128).

at instance of private party, 102 (art. 127).

in cases of invasion, 102 (art. 127), 103 (art. 128).

inspectors are prohibited from investigating com-
mercial conditions, 103 (art. 129).

INTERFERENCE,

with surveyor's work, 93 (art. 106), 123 (art. 29).

INTERIOR DEPARTMENT. See Fomento Department Of.

INTERPRETATION OF THE LAW,

Mining Agents must consult Department in doubtful
cases, 116 (art. 2).

decisions of Mining Agents are reviewable by Depart-
ment, 61 (art. 48).

INVASION OF MINING PROPERTY,

is ground for opposition to denouncement, 56 (art. 37).
caused by overlapping of claims, 62 (art. 49, notes),
departmental inspection in cases of, 102 (art. 127).

IRON,

deposits of, 36 (art. 1), 37 (art. 2).

159

INDEX.
(Figures refer to pages unless otherwise indicated.)

JOINT DENOUNCERS. See also Power Of Attorney,
title issuable to, 61 (art. 49).
must all sign denouncement, 119 (art. 17).
when foreign and Mexican, of mines in border zone,
106 (art. 136).

JUDGMENT,

not necessarily followed by issue of title, 99 (art. 122,
notes).

JUDICIAL PROCEEDINGS, 94. See Suits.

JUDICIAL TERMS,

method of computing, 110 (arts. 146-147).

JURISDICTION. See also Denouncement; Opposition;

Criminal Offenses ; Suits.

general statement of law regarding, 11 (Introd.)
of Federal courts, 94 (art. 107).
of non-Federal courts, 99 (art. 123).
of Mining Agents is determined by Department, 116

(art. 3).

L
LABOR ANNUAL,

not required, 7 (Introd.)

LAND OFFICE. See Fomento Department Of.

LAW APPLICABLE,

in mining matters, 18 (Introd.)

decisions of Mining Agents are reviewable by Depart-
ment, 61 (art. 48).

in mining suits, 99 (art. 123, notes).

Mining Agents must consult Department in doubtful

cases, 116 (art. 2).
LAW THE MINING,

text of, 36.
LAWFUL REPRESENTATIVE,

meaning of term, 49 (art. 20, notes).
LEAD,

deposits of, 36 (art. 1).

LEASES,

of mines in border zone to foreigners, 13 (Introd.)
contracts of, are mercantile acts, 76 (art. 79).
recording of, 78 (art. 82).

100

INDEX.
(Figures refer to pages unless otherwise indicated.)

LEGAL EASEMENTS, 67. See Easements.

LESION,

meaning of term, 78 (art. 81, notes).

miuing contracts not rescindable for, 78 (art. 81).

LETTERS OF ATTORNEY,

in denouncement proceedings, 48 (art. 20).

LIMESTONE,

beds of, 37 (art. 2).

LOCATION. See Pertenencia; Mining Property.

LOSS,

of mining property for non-payment of tax, 63 (art. 51).
of title-deed, 111 (art. 151).

of rights acquired under Law of June 6, 1892, 113
(art. 5).

MANGANESE,

deposits of, 36 (art. 1).

MAPS,

method prescribed for preparation of, by surveyor, 121

(arts. 24-28).

must accord with terms of denouncement, 123 (art. 28).
fees payable for collation and certification of, 132

(art. 10).

MARRIED WOMEN,

rights of, in mining property, 79 (art. 82, notes),
signature of, required on option given by, husband, 79,
notes.

MEETINGS. See Conciliatory Meetings.

MERCANTILE ACTS,

what constitute, in mining, 76 (art. 79).

MERCANTILE CODE,

operative in mining matters, 76 (art. 79).

MERCURY,

deposits of, 36 (art. 1).

METALLURGICAL ESTABLISHMENTS,

expropriation of site for installation of, 82 (art. 87).

MEXICAN CORPORATIONS,

general statement of law regarding, 15 (Introd.)

161

INDEX.

(Figures refer to pages unless otherwise indicated.)

MILL-SITE,

expropriation of ground for, 82 (art. 87).

MINE PRODUCTS,

contracts relating to, 76 (art. 79).

MINERALS,

Federal ownership of, 3 (Introd).

which are subject to the law, 4 (Introd.), 36 (arts. 1, 2).

found in the exercise of easements, 72 (art. 70).

exploitation of, without title, 92 (arts. 102-103).

robbery of, by employees, 93 (art. 104).

existing in Federal water beds, 105 (art. 135).

which are covered by mining title, 41 (art. 7).

MINERAL GRANT. See also Mining Property; Denounce-
ment; Title; Title-Deed,
nature of, 5 (Introd).

MINERAL SURVEYOR. See Expert Surveyor.

MINING AGENT. See also Denouncement; Opposition.

rejection of denouncement by, is reviewable by De-
partment, 50 (art. 23).

when defects in denouncement proceedings attributable
to, 54 (art. 31).

failure to pay fees to, 56 (art. 35).

all decisions of, are reviewable by Department. 61
(art. 48).

guilty of falsification of documents, 89 (art. 98-99 ) ,

breach of law or Regulations by, 90 (art. 101).

disobedience to orders of Department by, 91 (art. 101).

Department determines number and jurisdiction of. Ill
(art. 149).

cjmpensated in accordance with tariff of fees. 111
(art, 150), 132 (art. 12).

must be Mexican citizen, 116 (art. 1).

conducts denouncement proceedings, 116 (art. 2).

must consult Department in cases of doubtful applica-
tion of law or regulations, 116 (art. 2).

jurisdiction determined by Department, 116 (art. 3).

deputy, appointment and duties of, 116 (arts. 4-6).

absence, sickness or death of, 116 (arts. 4-6).

duties of, 117 (art. 7).

office hours of, 117 (art. 7).

records to be kept by, 117 (art. 7).

must forward monthly reports to Department. 118
(art. 7 IX).

162

INDEX.
(Figures refer to pages unless otherwise indicated.)

MINING AGENT continued.

procedure in cases of disqualification of, 118 (art. 8).
although disqualified, must register denouncements, 118

(art. 8).

grounds of disqualification of, 118 (art. 9).
denouncements outside jurisdiction of, 118 (art. 10).
when review of decisions of, suspends denouncement

proceeding, 118 (art. 11).
transmission of proceedings to Department by, 123

(art. 31).

schedule of fees payable to, 130.
may retain fees when interruption of proceedings is not

chargeable to, 132 (art. 13).
may not collect fees when reinstatement of proceedings

is chargeable to, 132 (art. 14).
prohibited from accepting deposits of revenue stamps,

134 (art. 9, notes).

MINING ASSOCIATIONS, 76. See Companies Mining.

MINING CONTRACTS,

considered as mercantile acts, 76 (art. 79).
not rescindable for lesion, 78 (art. 81).

MINING CLAIM. See Pertenencia ; Mining Property;
Opposition ; Suits.

MINING CORPORATIONS. See Corporations Mining.
MINING COMPANIES. See Companies Mining.
MINING DISTRICT. See Mining Agent,

MINING LAW THE,

general principles of, 3 (Introd.)

translation of text of, 36.

goes into effect January 1, 1910, 112 (art. 1).

MINING LEASES,

in border zone to foreigners, 13 (Introd.)
are mercantile acts, 76 (art. 79).
recording of, 78 (art. 82).

MINING PARTNERSHIPS. See Companies Mining.

MINING PROPERTY. See also Pertenencia; Reduction;

Correction ; Division ; Easements ; Expropriation,
attributes of, 36 (art. 1.)

Civil Code of Federal District is applicable to, 37 (art. 3).
definition of, 39 (art. 5).

163

INDEX.
(Figures refer to pages unless otherwise indicated.)

MINING PROPERTY continued.

use of term, 39 (art. 5, notes).

when constituted by a demasia, 40 (art. 6).

rights of owner in, 41 (art. 7).

extralateral rights are not recognized, 41 (art. 8).

value attributed to, upon incorporation of company, 77

(art. 80).
acquisition of, by foreigners in border zone, 106

(art. 136).
laws giving preferential rights to denouncement of, are

repealed, 115 (art. 8).

MINING TAX LAW,

text of, 133.

MISDEMEANORS. See Criminal Offenses.

MONUMENTS,

erection of, before title-deed is issuable, 52 (art. 27).
erection of, in cases of corrections, 66 (art. 57).
destruction or removal of, 93 (art. 105).
erection of, on properties acquired before January 1,

1910, 114 (art. 7).
to be shown on surveyor's plans, 119 (art. 18), 122

(arts. 27-28).

method of erection of, by surveyor, 122 (art. 27).
term allowed for erection of, 123 (art. 32).
proof of erection of, 123 (art. 32).
requirements in construction of, by grantee, 123

(art. 33).

MORTGAGES,

must be recorded, 78 (art. 82, notes),
what are included in, 79, notes,
holders of, may pay mining tax, 109 (art. 145)
notice to holders of, when mining tax not paid, 140
(arts. 23-25).

MOURNING,

enumeration of days of national, 110 (art. 146, notea).

NATIONAL FEAST-DAYS,

enumeration of, 110 (art. 146, notes).

NATURAL GAS,

belongs to owner of soil, 37 (art. 2).

164

INDEX.
(Figures refer to pages unless otherwise indicated.)

NATIONAL OWNERSHIP,

of mines, 3 (Introd.), 36 (art. 1).

NICKEL,

deposits of, 36 (art. 1).

NOTICES. See also Denouncement,
regarding free ground, 45 (art. 13).
form part of procedure in denouncement, 51 (art. 25).

NOTICE BOARD,

location of, in Mining Agency, 117 (art. 7).

NULLITY OF TITLE,

competency of Federal courts to determine, 94 (art. 107).
suit brought to procure declaration of, 97 (art. 116).

OBLIGATORY EASEMENTS, 68. See Easements.

OCCUPATION OF GROUND,

use of force to secure, 62 (art. 49, notes),
title-deed vests right to, 52 (art. 27).
survey does not give right to, 122 (art. 24).

OCHRES,

deposits of, 37 (art. 2).

OFFENSES. See Criminal Offenses.

OFFICE HOURS,

of Mining Agencies, 117 (art. 7).

OIL DEPOSITS,

belong to owner of soil, 37 (art. 2).

OPERATION,

of mines without title, 92 (arts. 102-103).

OPERATIVE,

date when Mining Law becomes, 112 (art. 1).

OPPOSITION,

use of term, 51 (art. 25, notes).

when proceedings of denouncement are not suspended

by, 52 (art. 26).
when made to entry into possession under legal title, 52

(art. 27), 61 (art. 49, notes),
failure to attend conciliatory meeting by denouncer, 55

(art. 32).

165

INDEX.
(Figures refer to pages unless otherwise indicated.)

OPPOSITION continued.

grounds of, in general, 56 (art. 37).

filing of, with Mining Agent, 57 (art. 38).

calling of conciliatory meeting, 57 (art. 39).

trial of claims of, 57 (arts. 39-45).

suspension of denouncement proceedings on account of,

58 (art. 40).

groxinds of, which do not suspend denouncement pro-
ceedings, 59 (art. 43).

review of proceedings of, by Department, 59 (art. 43).
jurisdiction of Department and of courts in cases of,

59 (art. 43).

failure to attend conciliatory meeting by opposing

claimant, 60 (art. 45).
withdrawal of, 60 (art. 45).
competency of Federal courts to determine cases of,

94 (art. 107), 96 (art. 112).

judicial procedure in cases of, 96 (arts. 112-115).
grounds of. allegeable in judicial proceedings, 96

(art. 114).

presumptions in judicial proceedings of, 96 (art. 115).
publication of abstract of denouncement is notice to

adverse claimants, 121 (art. 23).
to work of surveyor, 93 (art. 106), 123 (art. 29).
detailed procedure in cases of, 125 (arts. 37-44).
term allowed for filing, 125 (art. 37).
publication of notice of, 125 (art. 38).
procedure relative to conciliatory meetings, 125 (arts.

39-40).
presentation of adverse claims after records have been

remitted to courts, 125 (art. 41).
fees payable in proceedings of, 131 (art. 8).

OPTIONS,

should be recorded, 78 (art. 82).
effect of recording, 80 (art. 85).

ORE DEPOSITS,

Federal ownership of, 3 (Introd.), 36 (art. 1).
private ownership of, 37 (art. 2).

ORE DUMPS,

law regarding, 104 (art. 134).

OVERLAPPING OF CLAIMS,

is ground for opposition to denouncement, 56 (art. 37).
effective title in cases of, 62 (art. 49, notes),
departmental inspection in cases of, 102 (art. 127).

166

INDEX.
(Figures refer to pages unless otherwise indicated.)

OWNERSHIP OF MINES,

defined, 3 (Introd), 36 (art. 1-2).

PARTITION,

of pertenencia is not permissible, 38 (art. 4).
of a mining property, 67 (art. 60).
detailed procedure in cases of, 127 (arts. 49-50).
fees payable in proceedings for, 131 (art. 5).

PATNERSHIPS. See Companies Mining.

general statement of law regarding, 14 (Introd.)

PASSAGE EASEMENT OF. See also Easements; Expro-
priation.

in non-mining property, 67 (art. 61).
governed by Civil Code of Federal District, 69 (art. 62).
installation of transmission lines, 70 (art. 63).
width of passage not to exceed ten meters, 70 (art. 63).
details of procedure in creation of, 128 (art. 52).

PATENT. See Title; Title-Deed.

PEAT,

deposits of, 37 (art. *).

PENA,

meaning of term, 91 (art. 101).

PENAL PROVISIONS, 97. See Criminal Offenses.

PENDING PROCEEDINGS,

in denouncements, January 1, 1910, 112 (art. 3).
in suits, January 1, 1910, 113 (art. 4).

PERIODS JUDICIAL,

method of computing, 110 (arts. 146-147). .

PERSONAL RIGHTS,

distinguished from real rights, 78 (art. 82, notes).

PERTENENCIA. See also Mining Property; Denounce-
ment ; Opposition ; Invasion ; Reduction ; Correc-
tion ; Division ; Taxes Federal Mining.

nature of, 7 (Introd.)

definition of, 38 (art. 4).

area of, 38 (art. 4).

indivisibility of, 38 (art. 4).

use of term, 39 (art. 5, notes).

extralateral rights of, are not recognized, 41 (art. 8).

167

INDEX.
(Figures refer to pages unless otherwise indicated.)

PERTENENCI A continued.

approximate designation of number of pertenencias

denounced, 47 (art. 17).
increase of number of, 61 (art. 47).

PLACERS,

of gold and platinum, 36 (art. 1).

PLANS,

method prescribed for preparation of, by surveyor, 121

(arts. 24-28).

must be based on terms of denouncement, 123 (art. 28).
fees payable for collation and certification of 132

(art. 10).

PLATINUM,

deposits of, 36 (art. 1).

POLICE REGULATIONS MINING,

affecting mining operations, 102 (art. 125).

when to be issued, 102 (art. 125, notes).

to be issued by Department, 112 (art. 153).

PORPHYRY,

quarries of, 37 (art. 2).

POSSESSION,

title vests right to, 52 (art. 27).

use of force to secure, 61 (art. 49, notes).

survey does not give right to, 122 (art. 34).

POSTS. See Monuments.

POWER . See Transmission of Electric Power.

POWER OF ATTORNEY,

in making denouncements, 48 (art. 20).
in the issue of title, 61 (art. 49).

PREFERENCE,

discovery of mine does not give, 5 (Introd.)

in cases of simultaneous denouncements, 51 (art. 24).

permit of exploration gives preferential rights of de-
nouncement, 101 (art. 124 V).

laws giving rights of, are repealed, 115 (art. 8).

given to application accompanied by certificate of
deposit of tax, 134 (art. 9).

PRISION,

meaning of term, 89 (art. 98, notes).

168

INDEX.
(Figures refer to pages unless otherwise indicated.)

PROMISE OF SALE,

should be recorded, 78 (art. 82).
effect of recording, 80 (art. 85).

PROOF BURDEN OF,

in opposition proceedings, 96 (art. 115).

PROPERTY. See Mining Property.

PROPERTY RIGHTS,

definition of, 78 (art. 82, notes).

PROSPECTING, 100. See Exploration.
PROTEST. See Opposition.

PROTOCOLIZATION,

explanation of term, ol (art. 87, notes).
of foreign documents, 81 (art. 86).

PROVISIONAL ARTICLES,

of Mining Law, 112.

PUBLIC MINISTRY,

is a party to suits when Nation is interested,

(art. 121).
nature of institution, 98 (art. 121, notes).

PUBLIC OWNERSHIP,

of mining property, 3 (Introd.), 36 (arts. 1, 2).

PUBLIC UTILITY,

of the mining industry, 43 (art. 10).

issue of title is deniable on grounds of, 62 (art. 50).

QUALIFICATIONS,

of Mining Agents, 116 (art. 1).

of expert surveyors, 118 (art. 7 VIII).

QUARRIES,

ownership of, 37 (art. 2).

RAILROADS,

expropriation for, 82 (art. 87).

RATIFICATION,

by principal of denouncement made by agent, 48
(art. 20).

169

INDEX.
(Figures refer to pages unless otherwise indicated.)

REAL RIGHTS,

meaning of term, 78 (art. 82, notes).

RECORDING, 78. See Registration.

RECORDS,

of Mining Agency, 117 (art. 7).

RECTIFICATION. See Correction.

REDUCTION,

of number of pertenencias, 61 (art. 46).

procedure in cases of, 64 (art. 52), 126 (arts 45-46),

128 (art. 50).

fees payable in proceedings of, 131 (arts. 3, 6).
REDUCTION WORKS,

expropriation for installation of, 82 (art. 87).

REFORMS,

introduced by the new Mining Law, 30 (Iiitrod.)

public register of mining property, 78 (art. 82).

of Mining Agency, 117 (art. 7).

of collectors of mining taxes, 139 (art. 19).

REGISTRATION,

of title, summary of law, 29 (Introd.)
of denouncement with Mining Agent. 49 (art. 21).
offices of, 78 (art. 82).
deeds subject to, 78 (art. 82).
options are subject to, 78 (art. 82).
mortgages require, 78 (art. 82, notes),
effect of, in general, 78 (art. 82, notes),
place of, 79 (art. 83).

effect of recording options, 80 (art. 85).
place of recording easements, 80 (art. 84).
deeds must be recorded within thirty days, 81 (art. 86).
effect of failure to record, 81 (art. 86).
of foreign documents, 81 (art. 86).

of title-deeds and contracts executed before January 1,
1910, 114 (art. 6).

REGULATIONS THE GENERAL,

text of, 116.

issued by Department, 112 (art. 153).

REGULATIONS THE MINING POLICE,

affecting mining operations, 102 (art. 125).
when to be issued, 102 (art. 125, notes).

170

INDEX.
(Figures refer to pages unless otherwise indicated.)

REGULATIONS OF THE MINING TAX LAW,

text of, 139.

REPEAL,

of laws giving preferential rights of denouncement, 115

(art. 8).

of former mining laws and prescriptions, 115 (art. 9).
of former mining laws does not include those of a fiscal

character, 115 (art. 9).

RESIDUAL IRON,

deposits of, 37 (art. 2).

RETROCTIVITY OF LAW,

vested rights not affected, 113, notes.

REVENUE STAMPS. See Document Stamps.
RIGHT OF WAY. See Passage Easement of.

ROBBERY,

of minerals by employees, 93 (art. 104).

ROCK-SALT,

deposits of, 36 (art. 1).

SALE OF MINES. See also Contracts Mining; Registra-
tion ; Title ; Title-Deeds ; Options,
subject to Commercial Code, 76 (art. 79).

SALT DEPOSITS,

when rock, are owned by the Nation, 36 (art. 1).
when surface, belong to the owner of the soil, 37
(art. 2).

SANDS,

deposits of, 37 (art. 2).

SCHEDULE OF FEES,

payable to Mining Agents, 130.

SCIENTIFIC DATA,

securing of, by the Department, 102 (art. 126).

SEARCH OF RECORDS,

fees payable to Mining Agents for, 132 (art. 11).

SERVITUDES, 67. See Easements.

171

INDEX.
(Figures refer to pages unless otherwise indicated.)

SIDE L5NES,

operations may not extend beyond, 41 (art. 8).
SIZE,

of a mining property, 6 (Introd.), 39 (art. 5).
of a pertenencia, 38 (art. 4).
SILVER,

deposits of, 36 (art. 1).

SLAG PILES,

law governing, 105, notes.

SLATE,

deposits of, 37 (art. 2).

SMELTER SITE,

expropriation of ground for, 82 (art. 87),

SPRINGS. See Waters.
STAMPS,

deposit of value of, when denouncing, 46 (art. 16), 136
(art. 11).

deposit of value of, when number of pertenencias de-
nounced is approximate, 47 (art. 18}

failure to furnish, 55 (art. 34).

value of, to be affixed to title-deed, 134 (art. 9;

when value of, is not deposited denouncement loses
preference, 134 (art. 9, notes).

may not be deposited with Mining Agent, 134 (art. 9.

notes).
STATE OWNERSHIP,

of mines, 3 (Introd.), 36 (arts. 1-2).

STATE COURTS,

jurisdiction of, 99 (art. 123).

STATISTICAL DATA,

securing of, by the Department, 102 (art. 126).

STEALING,

of ores by employees, 93 (art. 104).

STONES- -PRECIOUS,

deposits of, 26 (art. 1).
SUBSURFACE RIGHTS,

extent of, in mining properties. 41 farts. 7-8^
SUITS. See also Denouncement; Easements; Expropriation;

Criminal Offenses; Opposition,
general statement of law regarding, 11 (Introd.)

INDEX.
(Figures refer to pages unless otherwise indicated.)

S U I TS continued .

competency of Federal courts in, 94 (arts. 107-108).

competency in, when relating to easements, 95 (art. 109).

when property lies within two jurisdictions, 95 (art. 110).

jurisdiction in criminal, 96 (art. 111).

jurisdiction in adverse, 96 (art. 112).

judicial procedure in adverse, 96 (arts. 112-115).

legal presumptions in adverse, 96 (art. 115).

to annul title when obtained by fraud, 97 (art. 116).

summary proceedings in, 97 (arts. 117, 119).

judicial compulsion in expropriation, 97 (art. 118).

procedure applicable in criminal, 98 (art. 120).

when Public Ministry a party to, 98 (art. 121).

collusive proceedings in, 98 (art. 121).

final judgment in, to be communicated to Department,

99 (art. 122).
final judgment in, is not necessarily followed by issue of

title, 99 (art. 122, notes).

competency of non-Federal courts in, 99 (art. 123).
pending on January 1, 1910, 113 (art. 4).
cassation proceedings in, 113 (art. 4).

SULPHUR,

deposits of, 36 (art. 1).

SUMMARY PROCEEDINGS,

in suits, 97 (arts. 117, 119).

SURVEY,

interference with, 93 (art. 106).

method prescribed for making of, 121 (arts. 24-28).
does not give right to occupy ground, 122 (art. 34).
must follow terms of denouncement, 123 (art. 28).

SURVEYOR EXPERT,

apnointment of, 51 (art. 25).

defects in denouncement proceedings attributable to, 54

(art, 31).

guilty of falsification of documents, 89 (ars. 98-99).
fraudulent omission by, to file reports, 90 (art. 100).
negligent failure of, to file reports, 90 (art. 101).
disobedience of departmental orders by, 91 (art. 101).
resistance offered to work of, 93 (art. 106), 123 (art. 129).
register of, in Mining Agency, 118 (art. 7 VIII).
qualifications of, 118 (art. 7 VIII).

detailed procedure in appointment of, 119 (arts. 18-22).
data to be contained in report of, 119 (art. 18), 121

(arts. 24-28).

173

INDEX.
(Figures refer to pages unless otherwise indicated.)

SURVEYOR EXPERT continued.

term allowed for making of report by, 120 (art. 21).
method prescribed for making plans of. 121 (art. 24-28).
publication of filing of report by, 123 (art. 30).

SUSPENSION. See also Denouncement; Opposition.

of denouncement proceedings in cases of appeal to the

Department, 118 (art. 11).

qf mining operations, grounds for, 103 (art. 130).
of mining operations upon petition of State governor,

103 (arts. 131-132).

T
TARIFF OF FEES,

payable to Mining Agents, 130.

TAX LAW MINING,

is not repealed, 115 (art. 9).

text of, 133.

text of Regulations, 139.

TAXES. See also Tax Mining Annual ; Tax Mining Stamp ;

Document Stamps ; Fees.
in general, 6, 22, 130.
payable upon incorporation of a domestic company, 17

(Introd.)
payable upon registration of a foreign corporation, 17,

18 (Introd.)

TAXMINING ANNUAL. See also Tax Mining Stamp;

Document Stamps ; Fees,
may be paid by third party, 109 (art. 145).
recovery of, when paid by third party, 109 (art. 145).
laws relating to, are not repealed, 115 (art. 9), 133 (art.

1, notes).
Mining Agents are prohibited from accepting deposits of,

134 (art. 9, notes).
amount of, 134 (art. 10).
on properties containing more than twenty five perte-

nencias, 134 (art. 10).
notice of transfer of mine must be accompanied by proof

of same for purposes- of, 135, notes,
payable on all mining properties unless expressly

exempted, 137 (art. 4).
payable every four months, 137 (art. 5).
no excuse allegeable for failure to pay, 137 (art. 5).
siircharge imposed upon delinquent tax-payers, 138

(art. 6).

174

INDEX.
(Figures refer to pages unless otherwise indicated.)

TAX MINING ANNUAL conthim-d.

notice of transfer of mines to be given for collection of,
138 (art. 7).

notice of discontinuance of mining operations as affecting
payment of, 138 (art. 8).

procedure in payment of, 139.

compensation of collectors of, 139 (art. 18).

dates of payment of, 140 (art. '22).

i.otice to creditors of mine of failure to pay, 140
(arts. 23-25).

where payable, 139, (art. 20).

duties of collectors of, 139 (arts. 21-27).

(art. 19).

TAX MINING STAMP. See also Tax Mining Annual;
Document Stamps ; Fees.

certificate of deposit of, must accompany denouncement,
46 (art. 16), 134 (art. 9, notes), 136 (art. 11).

deposit of, where number of pertenencias is approxi-
mate, 47 (art. 18).

laws relating to, are not repealed, 115 (art. 9). 133 (art. 1,
notes).

amount of, in revenue stamps, to be affixed to title-
deed, 134 (art. 9).

payable upon all mining properties unless expressly
exempted, 137 (art. 4).

TELLURIUM,

deposits of, 36 (art. 1).
TEMPORARY PROVISIONS,

of Mining Law, 112.
TERMS LEGAL,

method of computing, 110 (art. 146-147).

TIN,

deposits of, 36 (art. 1), 37 (art. 2).

THEFT,

of minerals by employees, 93 (art. 104)

TITLE. See also Title-Deed ; Denouncement; Registration;

Mining Property ; Suits,
general nature of, 5 (Introd.)
how to obtain, 20 (Introd.)

summary of law of registration of, 29 (Introd.)
use of term, 40 (art. 5, notes),
issued without prejudice to rights of third parties, 61

(art. 49).

175

INDEX.
(Figures refer to pages unless otherwise indicated.)

TITLE continued.

issuable in favor of assignee, 61 (art. 49).
deniable on grounds of public utility, 62 (art. 50).
forfeiture of, for failure to pay taxes, 63 (art. 51).
exploitation of minerals without, 92 (arts. 102-103).
Federal courts to determine nullity of, 94 (art. 107).
suit to annul, when obtained through fraud, 97 (art.116).
final judgment is not necessarily followed by issue of,

99 (art. 122, notes),
issuance of, to mines in border zone denounced by

foreigners, 106 (art. 136).
acquired under Law of June 6, 1892, 113 (art. 5).

TITLE-DEED. See also Title.

issue of, vests lawful possession, 52 (art. 27).

failure to erect monuments after issue of, 52 (art. 27).

correction of, to accord with denouncement, 65 (art. 54).

administrative amendment of, 66 (art. 58).

registration of, 78 (art. 82).

exploitation of minerals without, 92 (arts. 102-103).

final judgment not necessarily followed by issue of, 99

(art. 122, notes),
loss of, 111 (art. 151).
authentication of, 112 (art. 152).
delivery of, to grantee, 124 (art. 34).
revenue stamps to be affixed to, 134 (art. 9).

TRANSFER OF MINES. See also Registration,
considered as mercantile act, 76 (art. 79).
value attributed to, when company incorporates, 77

(art. 80).

not rescindable on ground of lesion, 78 (art. 81).
notice of, to collector of taxes must be accompanied by

proof, 135.
notice of, must be given for purpose of taxation, 138

(art. 7).

TRANSITORY ARTICLES,

of Mining Law, 112.

TRANSMISSION OF ELECTRIC POWER,

easement of, 67 (art. 61), 70 (art. 65). See also Easements.

TRANSMISSION LINES,

easement of passage for, 70 (art. 63).

TRESPASS. See Invasion.
TRIAL. See Suits.

176

INDEX.

(Figures refer to pages unless otherwise indicated.)

TUNNELS. See Drainage; Aqueduct; Ventilation.

right to exploit, xinder old concessions, 111 (art. 148).

UNIT,

of mining property, 38 (art. 4).

UNWATERING. See Drainage; Waters.

VALUE,

placed on mining property upon incorporation, 77 (art.
80).

VENTILATION EASEMENT OF. See also Easements,
in non-mining property, 67 (art. 61).
in mining property, 67 (art. 61).
nature of, when imposed on non-mining property, 70

(art. 64).
rules to be observed in exercise of, 72 (art. 70).

VIS MAJOR,

meaning of term, 88, notes.

VOLUNTARY EASEMENTS, 68. See Easements.

WATERS. See also Drainage; Aqueduct,
ownership of, 37 (art. 2).
use and enjoyment of, 42 (art. 9).
drying-up of, 42 (art. 9).
transfer and loss of, 42 (art. 9).

exploitation of metallic substances in Federal, 106
(art. 135).

WITHDRAWAL. See Denouncement; Opposition.

WOMEN MARRIED,

rights of, in mines, 79 (art. 82, notes).

ZINC,

deposits of, 36 (art. 1).

ZONE BORDER. See also Foreigners,
denouncements in, 106 (art. 136).

177

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