The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-07

consequently the Law genera law.
Mr.. MAY. Nov ask him 1.-The can state vhat the
terms OF that law arc With respset to using these
different kinds Of stamps seal The object e the
inquiry il TO ascertain whether that paper (the
paper used for Dr. Gardiner's naming titlel = the
legal paper used for such q purpose, according to
the classification required by law.
Ans This paper (the frat leaf Of one Of the doc
uments offered by Dr. Gardiner before the Senate
commttee) puFpofts to be q copy OF denounce-
ment OF a mine, and the act Of possession which
was received by him who is said to be the owner
Of it. He says also that this 10 copy, because It
10 required de6ntively by the final part Of tho 4th
article Of the 9th title Of the mining ordinances.
AT frst sight it ia seen that the higher Dosiness
treated upon, the amount of which exceeds s'VV'
One of the articles Of the law OF the 3Oth OF April.
le42 requires clearly and positively that copies
and testimonies Of proceedings IN respect 70 Dual
meas which exceeds $2,OOO In value must De or
on sht to be upon paper stamped with the hrst SEAL
of 86 in value, and the paper produced has upon
il the 4th seal-one real, or l24 cents; from which
it results on one hand that this IL not the paper
which corresponds to the business referred to in
it, and on the other hand, that another article of
the Law of February, l642, providing that all doc
uments that may be presented on paper different
from that which corresponds to the business to
which il belongs, shall be of no value or be of no
effect before the tribunals OF Mexico. 10 there.
fore evident that this paper, Notwithstanding all
its other vice. defects, involves within itself
capital nulity, subje citing it to the laws of Mexico.
Ques Then understand you to say that there
having certain stamps to be used in certain trans
actions, which stamps form part Of the revenue
of the general government?
Ans. That IL so.
CUES ! now present you with a copy of one oil
the laws of Mexico, and ask whether, from your
knowledge of the Mexican practice, the pubica
ton of that law in that paper 10 an official publ
cation?
44ns. (After examining the paper.) He says il
was published by authority Of the government
that from the mere fact OF its being published in
that paper Il kind of gezete] 1t has all the force
| OF law.
CUES. 1 understand, then, that this is an off
cal publication of one of the laws to which he
has referred. Ask him to point out the provision
of that law about which he has testified
Ans The first article establishes six classes oil
stamped paper. In the seventh part Of the came
article it says that the first zeal shall be used in
copies or testamentary documents when the bust
and it is unquestionable that the document pre-
scented to him refers to business that exceeds thai
sum. And the other article cited by him is thai
which denies all validity to the document present
ed This 10 the thirteenth article. ~
Mr.. BRADLEY. Let that provision be translated
The provision was translated, as follows:
every individual who may present any docu-
ment without its being extended upon the
alone three times the value of the paper which he
ought to have used" &C.
Mr.. MAY. Then unless the paper has that seal,
understand it has no validity?
".
Ques / understand the witness to say that the
first paper appears to be an imitation Of de
nouncement OF a mine?
| Ans. He said 30.
CUES. Ask him whether under the laws of Mex
| leo mine Ia denounced-
MIR. BRADLEY. His language was that this pa.
| per purports to be announcement Of mine; but
has he any personal knowledge Of the manner in
which mines are denounced?
Mr.. MAY. Ask him how mines are denounced?
Ans. Alter having read three four times the
fourth article OF the sixth title of the mining
dinances, it is unquestionahle that the only form
&C knowledged in Mexico for the announcement OF
mines is on \ written petition presented to the
mining tribunal with all the requisites that are
detailed in the cited articles.
CUES. And that ia provision of The mining or
dinances?
Ans. 1t ia.
CUES. What are the formalities in respect To
obtaining possession of mines?
Ans. Briefly, he will say how announcements
are made, and how the proceedings of the acts of
possession are. He who discovers a mine, or who
denounces an abandoned mine, presents a petition
to the mineral tribunal making the denounce
ment. Then the mining tribunal. or the secretary
of said tribunal, on the margin Of the same petit
ton puts note, which Gays ~ follows:
Presented on such day and such an hour, /"
describing the day and hour, and then signs it.
Then when the mining tribunal meet they put a
decree on the bottom of the petition, by which the
announcement 10 ordered to be admitted, 90 far az
there ia any place without prejudice to third per
sons He then orders bills notices to be printed
giving notice Of the announcement, and comedies
to the denouncer ninety days. in order that he may
comply with the require of the ordinances.
These ninety days being passed, if there should be
no claim made by third party, Who may be con-
sidered az having right to the mine denounced,
then one OF the members of the mining tribunal
goes, accompanied by the secretary, with the re-
spectige clerks or writers, and by the surveyor
export, to examine the mines, and then the pro-
ceedng is extended, giving account of the state
in which the mine ia found. with all the necessary
details, that ia to say, the depth of the shaft the
nature of the land or soi the mineral aspect of the
vein, &c.
Then the denouncer ia asked in what form he
desires the measurement to be made of the posses
sion that ia about to be given, and in accordance
with his desire the limits marked of the extent
That Is given to him. The surveyor, in the pre-
fence of the judge, then places the boundaries of
stone; and the whole matter being put in writing,
to this ia annexed plan of the mining engineer,
and the judge, taking the person denouncing the
mines by the hand, gives him the possession in
reality and effectively of the mine and the extent
that has been measured; and afterwards a literal
copy authe nti.ated by the mining tribunal, coun.
tersgned BY the secretary, under the private seal
OF the same tribunal, and, with copy of a plan
made Ut the mine, il is delivered to the person de-
nouncing the mine; and this ia the only possible
htle-the only one which gives Ownership to a
mine.
Mr.. FrNDALL. What is done with the original
petition?
44ns, The originals, which consist of the first
nhO, are piaCeO In the archives OF the
record of announcement for perpetual memorial,
and copy Of the proceedings ia delivered to the
person denouncing the mine
Mr.. MAY here asked two questions, both of
which, together with the answers, were inaudibie
to the reporter.
CUES Has he been in Guadalcazar:
-Ans He has.
sues, He spoke yesterday of the law appointing
five of these mining deputations, and only fives
CUES. Presenting witness a copy of a Mexican
law Ask him to examine that and say if it is
true publication of that law? r
Ans. This 10 an authentic decree of the Governor
OF San Luis Potos for the year l843, in the month
Of September, the 18th day, in which is established
I'VE mining tribunals in the places already desig-
pated by virtue of the faculty that was conceded in
the 2sth article of the law Of the I'd of December
1912.
4ues Read the fret part of that Law,
Ans "There shall be tribunals of the first in
stance for tho business of mining, which shaii per-
form the functions of detail in the decree of the
I'd of December, in this capital at'' -(Here fol.
iow the names Of five places designated by the
law1
MIR. MAY. Ask him If that was the law of the
State Of San Luis Potosi in the year 1874, and in
the month of July of that year?
Ans There 10 no doubt about il.
Cues Is he acquainted with the signatures which
are authenticated? ftt
Am He 10 particularly we'll. Governor Reyes
ia dead. Dario 10 living
The COURr. On examining thu paDer perceive