The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-06

that in the oacso Of his prefecture book in which
Mr.. BrADLsr. First ask him if there are any
mines in the department Of the State of San Luis
Potosi, of which be was secretary
The CouRr. The prosecution have right 70
show what the law il. and probably that WOULD p
better shown BY showing what the autbofny .. "'
project was. The fact itself may be ~, mhoh
The court here took . recess; afsr wncn
Mr.. MAY said: We are going 20 - ~ nv the
signatures Of Governor Reyes anu 49,. VI.
man and Francisco Fernande.. that tney may
look At them gro the AK the witness if he is ac
ona;ntsJ With the contents of that bookf Ask him
n Iook at the title and the edition, and say whe
ther he il acquainted with III
au, Il ia an edition Of the mining ordinances,
now existing in Mexico. Of the year l846
Mr. BRADIrr. Tell him to look at the previous
oage and say where it 10 printed?
-Ans. 1t 10 printed IN Paris.
Mr. MAY. AK him if that ia q collection of the
mining laws of Mexico, Acknowledged and acted
upon in Mexico such?
Ans II 10 collection Of the mining ordinances
now existing in Mexico, the variour laws which
have modified these same ordinances, and which
have been issued up to the year 1876. This edition,
such az 1t Ia, serves textbook to decide mining
business which comes before the tribunals having
jurisdiction therein.
MIR. MAY We now offer the book as evidence
OF the mining laws of Mexico.
MIR. BRADLEY. Ask him if there ia any law
regula zion To be found in this book which has been
adopted since 1910!
fms He believes not, but il not certain. 1t would
be nothing strange that there may be nothing in
the collection since 1874 because it purports to be
collection of laws up 1886. The last ordinance
or law is dated the 3Oth of April, 1874.
The CouRr AK MIN BY what authority these
laws were passed-whether by the General Gov
eminent or by the State governments?
Ana. He says it 10 we'll known that the mining
laws date from 1888, issued by the King OF Spain,
when Mexico was Spanish colony. and the min
ing laws, therefore, ought to be looked upon an
emanahon from the sovereign of the country.
Mr.. MAY, Ask him by what authority they are
Issued, by the General Congress by the Presi
dent of the republic?
Zas. They were issued at the time when by the
form Of the government they had the faculty to
issue them.
CUES. Then that book contains all the laws
down to 1886, although they dated in 1874?
Ans. Evidently it ought to contain the laws up
to ls46, as it says in the preface which is at the
head Of every ordinance.
CUES. Ask him if, sitting judge, he would
take that book as evidence OF all the mining laws
down to lS46?
Ans. He would.
CUES. Without being sure that every law issued
up TO 1876 may be found in that collections?
1ns. Yes.
Mr.. BnADLEY Ask him whether the several
States do not make la ws in relation to mines within
their territory?
Ans. The mines were anciently the patrimony
Of the crown of Spain-i.e., they reputed to be
nation, and not in particular az belonging to the
State of Mexico, or of San Luis Potosi, of Pue
ba; from which it results that the supreme autho-
rites Of the law are those which generally issue
provisions for the regulation of mining business
CUES. To whom ia paid the tax rent Of the
mine; to the State or the general government?
4ans. In the working of the mines, cording as
remember, there are two kinds of duties imposed;
the assay, which is paid when the miner
takes his silver and presents it in the respective
othces, 20 that these may mark the chemical va
paid, in the States severally where the mines lie
under the name Of "assay duty" There are other
duties called sscoining duties'-that 10, l2i cents
upon every eight ounces. Duties are therefore
paid both to the States and to the general govern
ment.
CUES. Ia there not mint in San Luis Potosi
which stamps coinage!
Ans. There is.
Ques. What duty is paid there?
Ans. He will say what 10 the custom in this Gaze.
The miner takes the silver from his mine. The
existing laws require that it should be taken to the
assay Office. In that Office il ia examined, and a
paper or certificate ia sent to the interior custom
house In this paper ID stated the name OF the
owner of the silver the number of pieces of bars,
With the respective mark on each piece, the chemi-
cal quantity of each one of these pieces, and its
value in dollars, shillings, and grains
Mr.. BRADLEY / want to know what the duty ia.
II this book does not contain all the uations in
regard to mines, the duties may have been chang
ed want TO know what duties are paid to the
Ans The duties 20 co ns State Z.
Luis Potosi are the assay duties, which are three
per cent; and the same tax il collected by all the
OtNer states WDere there are mines.
Cues. Now, what duty goes to the general gov
eminent?
Ans. The tax collected by the general govern
ment is that coming, which, az said before is
l23 cents on every eight ounces.
MIR. MAY. Ask him what tribunal by the laws
Of Mexico, had jurisdiction of mines in 1874!
Mr. BRADLEY First ask him whether the law
granting titles to mines is a written law!
Ans. Evidently il is.
Mr.. MAY. Ask him if it ia contained in that
book?
gus Ask him to turn to the page Of that book
where il il to be found?
Ans. On the 10th page. the fourth article, and
sixth title, there will be found the law which
establishes the form of announcement and the
tribunal before which it must be made in case that
i. be a new mine In the I'D page, eighth article
of the second title, will be found the law which
provides what ought TO be done when a mine ia
denounced abandoned or deserted; and the
modern law which declares the existence of the
mining ordinances is registered in page 239, in
which it il seen that the oath and following arti
cles declare existing the mining ordinances in the
part of the book to which he has referred.
CUES. Ask him if it runs down to the 239th
page?
Ans. He says it does.
Mr. MAY. Ask him if that volume of laws de-
signates the character of the tribunal by whC
these announcements must be made?
Ans. Ii does.
CUES. Let him point it out3
dns He says examine page 10, article 4, and 1t
ID evident.
- CUES. What is the name of these tribunals9
dns. The mining ordinances names them min
ing populations.
Mr.. BRADLEY. there ID mining deputation
where there 10 mine, ia there prov sion how it
should be done in such case?
Ans. When a mine exists in any place where there
is mining deputaton, then the ordinance provides
with all clearness that il be made by the mimi g
tribunal nearest to that point. 1t 10 therefore
questionable that only the mining tribunals have
TO do with mining affairs.
Mr.. MAY. Now, he says that the mining depu
taions or tribunals are the only tribunals that
have jurisdiction, and that if there 10 no such tri
bunal where mine exists the pa ties must go to
the next nearest tribunal. Ask him if he knows
where the mining populations in San Luis Potosi
were located in 1850?
Ams. The mining tribunals which existed in San
Luis PotCs from before the year 1874. and in the
year 1874, and alter the year 1874, are fve-one in
San Luis Potosi, another in GuadalcaIar. another
in Cartorsi, another in Ojococate, and another in
Darasno. These are the only mining tribunals
that exist in San Luis Potos-the only ones that
can know any thing respecting mining affairs :
cording to these laws.
Q~ss. According to these laws, can the ale alde
have any thing to do with mines?
duS Absolutely nothing