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OF

SPANISH AND MEXICAN LAW,

IN RELATION TO

MINES, AND TITLES TO REAL ESTATE,

IN FOROE IN

CALIFORNIA, TEXAS AND NEW MEXICO;

AND IN THE TERRITORIES ACQUIRED UNDER THE LOUISIANA AND FLORIDA

TREATIES, WHEN ANNEXED TO THE UNITED STATES.

VOLUME I.

CONTAINING A TRANSLATION OF THE MINING ORDINANCES OF NEW SPAIN-GAMBOA'S MIN.
ING ORDINANCE8--THE LAWS IN RELATION TO MINES OF GOLD, SILVER AND

QUICKSILVER, OONTAINED IN THE

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

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

ERS TO HOLD REAL ESTATE.

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

NIA, IN RELATION TO MINES AND MINERAL LANDS:

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

MINES AND MINING.

BY JOHN A. ROCKWELL,

COUNSELLOR AT LAW.

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

1851.

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

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

( 205478

CONTENTS.

PREFACE..

Page 7
ROYAL ORDINANCES FOR THE DIRECTION, REGULATION AND GOVERNMENT

OF THE IMPORTANT BODY OF MINERS 02 NEW SPAIN, AND OF ITS ROY-
AL TRIBUNAL GENERAL.

I.

CHAPTER 1.

Of the Tribunal General of the Miners of New Spain.

Section

Page

1. Its Title.

27

2. Of the Persons to compose it

28

3. Of their qualifications

ib.

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

offices

ib.

5. Of their election

ib.

6. Of Mine towns having a vote at such election

29

7. Of cities and towns baving votes

ib.

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

and deputies general

ib.

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

10. Of re-election to such offices

ib.

11. Of the obligation to discharge such offices

ib.

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

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

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

31

15. Of the advisers (consultores) of the Tribunal

ib.

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

Tribunal

ib.

17. Of the permission of the viceroy

ib.

18. Of fiscal and promoter of the Miners

32

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

ib.

20. Of persons representing the Tribunal at Court

ib.

21. Of the minute book of the Tribunal

ib.

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

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

33

24. Of the secretary of the Tribunal

ib.

25. Of the chief and second official of the Tribunal

ib.

26. Of its messengers

ib.

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

the Mining Districts.

ib.

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

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Of Jurisdiction in Mining Causes.

1. Administrative jurisdiction of the Tribunal General

37

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

within twenty-five leagues of Mexico

38

3. Administrative jurisdiction of the territorial deputations

ib.
4. The territorial deputations to proceed in causes relating to Mines, indepen-
dently of the Tribunal General

ib.

5. When proceedings to be had verbally

39

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

ib.

7. Of appeals ; in what cases admissible

ib.

8. Of signing
decrees and judgments

40

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

in causes where they disagree

10. Of references to lawyers

ib.

11. Of reports of the proceedings in causes

ib.

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

tions

41

13. Of appeals

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

14. Of proceedings therein

42

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

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

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

tried

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

43

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

20. Of causes relating to possession and property

ib.

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

to be suspended

ib.

22. Of executive demands

23. Of executions in Mines or reducing establishments

ib

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

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