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

Thu Law vas translated - f0llows:
ssAarlclI {. The contents Of the foregoing arti.
cles have to be presented with petition before
the mining deputation Of that territory oe the
nearest one if there should b none there e1pesss-
ing in it their names and tha names of their
company partners, il they shouad have asys the
place of their birth, their residepGe, and PRECISION
or occupation, and the particular sign: Of - Sit
uation. mountain, or vein; at whose adiudtpotion
they claim all of which circusnstances, aAd the
time at which the dscoverer presents himsol1, are
registered in book Of registry possessed by the
mining dePutation and mining notary, If there
be one and, this done, there shall DO returned to
the discoverer his writing Furnished with all pro-
visos for his security and bills shall be posted
the doors Of the churches. the public buildings,
aud in the towns for due notice. And further,
that within ninety days an examination must be
made in the vein or veins, and a shaft of a vara
aud half wide and ten deep must be
made opened" &C., &c.
Mr.. MAY. Ask him whether registers Of mining
transactions kept in prefects' Offices?
Ans. There are none. All that there ia in rela
ton that subject in the offices Of the prefects ia
simply statistical account, 80 that when the
government asks project how many mines there
in his department. the project states that there
are 30 many, without having to do with any thing
else.
Quss. Then all that is in projects Office is a
mere list OF mines, without having any thing fur
Their to do with mining transactions
Ans mere hat.
Cues. What ia the character of that Iistl
MIR. CARLISLE. l understand tho witness to say
that there were no mines in the department o.
which he was secretary. Ask him. therefore, il
he knows any thing about any other mines in any
| other department
| Ans. He has not said that in the prefecture in
which ne served as secretary there were no mines
! Mr.. CARLISLE. Well ask him now whether there
were any mines in the department of which he was
| secretary?
Ans. There evidently ia in the department of
| the centre. You have the mines of the mountain
OF ST. Peter, those of Guadalcazar, and also those
| Of DurasnO in the centre. There 10 other
notice of mines in the projects office than the sim
pie one Of their existence, well in the department
of the centre of all tn rest, because they are
all denounced by the same law.
Quss State whether that is kind of register
! that is kept in the centre department.
| MIR. BRADLEY. object to that question.
| MIR. MAY commended that the question was ad
missible; that the records OF mines were governed
| by general law. and the question in accord
ance with that general law. He offered to show thai
there was neither a mining title a paper that
| could come from q projects office In Mexico as
! being in the lists which are made out and lodged
| in the projects office.
MIR. BRADLEY. We have not yet learned whether
there is any printed law upon the subject
The CoURr. II it is regulated by a public law
the law must be produced. If it is matter OF
custom, the witness may speak Of it.
Mr.. BRADLEY. But he 10 not asked as to Ric
Verde, but in regard to other places with which we
have nothing to do. He has not said that he knows
any thing about the practice of Rio Verde
The CoURr. Well, ask him. AJAX him if he ID
acquainted with the practice in the projects office
Does it reet upon any general law or not?
Ans. The foundation of the practice 10 to recon
mend the collection of statistics in the department
under their command, with the object Of furnish
ing them to the government.
Quss. Ask him if he has any personal know ledge
of the practice of any prefecture except that of the
centre?
Ans. He has not served in any other prefecture
h.,tk 49, Il FL
out the prefecture OF the centre governed by the
same laws as other prefectures.
The CoURr. Ia this practice by virtue of law
| or what?
Ans According to the system which governs
central government, belonging purely to the
States Ii he remembers rightly, the attributes
OF the projects are especially laid down in one pa
OF the constitution of the State of San Luis Potosi
and besides In law No. 81 of the first Legislature
OF the State. Consequently, among the attributes
confded BY these laws, is the furnishing statistical
accounts of mines Personally be has no know
ledge Of practice; but he infers that in other
States the practice conforms to these rules.
The CouRr. If it be regulated by public laws,
and they can be got, they the best evidence II
they cannot be got, we must take the next beat
evidence; that is, the evidence of those who IN
| derstand them.
Mr.. CARLISLE. If the law had been there it Ger
| talnly could have been got; the commission had
every means furnished them for making out their
| case, and If they neglected any of them, that ia
/ their look out, and not ours. 1t ia written law
as we have seen it ia part of the organic law OF
the State, and they certainly could have got it.
long argument ensued on this question; in the
| copIse Of which
| Mr.. FgNDALL contrastcd the rules formerly pre-
yaling with those now existing in regard to the
proof of foreign laws He referred to the of the
Baron de Bode vs Reginam, in a note to S4s7 of |
Greenleaf on Evidence, in an edition of that work
subsequent to MIR. Bradley's edition. In that note
this cited for 10 Juris, 277, to the effect
| that ut is now settled in England, upon great
| consideration, that foreign written law may be
proved by parole evidence Of a witness learned in
the law of that country without first attempting to
obtain q copy of the law itself" He cited also the
Sussex Peerage case in the House of Lords, IL
Clarke & Finnells, ll6; United States vs certain
casks of Glassware, Law Reporter 80; Farmers
and Mechanics Banks vs Ward. Id. 81; Linds
Belizario. Hazards Cons. Rep, 249; Hubert vs
Hubert, 2 Haz, I'll; Middleton ps. Janviun, 2
HaE AL, and the recent decision of the Supreme
Court in the Kosciusko case.
Mr.. BRADLEY cited Coweu & Hills notes to
Phillips on Evidence, part 2, p. 500, and the
| there collected.
The Court expressed a wish to see the report of
De Bodies case, and the opinion of the Supreme
Court in the Kosciusko case
The court adjourned.