The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1916-11-16

& and Scientific Pre5s1
/ ilarity Is accounted for when we learn
that in framing the mining ordinances
of Spain recourse was had to the laws
of Germany.
Article of the Spanish mining or
chances OF 1859, mentioned by Gam
boa, as the old ordinances, provides
that,
whereas, by not designating the
init and space which the mines that
thall thus be discovered are to have,
there may result great confusion, diff
1erences and lawsuits; and the first
.iscoverer may pretend that his mine
nd the right which by discovery may
belong to him, cover and include the
whole extent and continuation of the
metallic vein, and that in the whole
Of such extent and continuation no
person can interfere to prospect,
search or work, from which may re-
suit great embarrassment and imped-
iment to the discovery, and working
and development OF said mines
therefore, the article provides, the
rhine or perteneneia to which a dis
ooverer is entitled shall have definite
eurface boundaries, namely, 100 varas
long and so varas wide.
This provision would seem to have
eliminated the exercise of any extra
ateral right and this is further borne
out by Article 20, which provided that
II mines are staked out on the sides
Of another mine whose boundaries are
,.feady defined, because it appears
nat the vein inclines from the latter
and may enter these side claims, the
court shall protect these side claim
ants and shall not permit the person
who owns the mine from which the
Gre inclines to follow the vein into
hese adjoining claims
However, Article 80 also provided
hat If the boundaries of the mine
rom which the ore inclines are not
already defined by the official survey
and stalking or If the ground into
which the ore dips is not already
,,aimed, then in either case the own
or of the mine shall be at liberty to
continue to FOLLOW the said ore al
though he may go outside his perten-
,ncia." This latter provision clearly
recognizes a limited exercise of the
Extra lateral pursuit.
Ordinance xxx of the Spanish min
Ing code of 1884, referred to by Gam
liza as the new ordinances, provided
that If the ore in any mine shall be
continuous with the ore of any other
mine "and the two mines shall be-
come one, in the depth; the miner
who shall first have sunk and made
his way into the other mine" shall be
entitled to the ore until the owner of
the adjoining claim compels him to
establish boundaries. If it is found
that he is outside his true boundaries
he must withdraw, but he is still en-
titled to the ore he has mined from
the others pertenencia, 'inasmuch as
care and diligence used in working
with more activity than his neighbor."
The ordinance also provided that If a
PERSON took pertenencia contiguous
vcin' disclosed therein or If there is
one and it contains no ore, but the
claimant works merely with the in
tention of profiting by the ore of his
neighbor when he shall get within his
boundaries" he acquires no rights
"oven though his neighbours ore should
take its course within his pertenen-
c'a; and our mining judges and JUS
tees shall determine 1t so, and shall
not allow or permit such mines, not
being upon a vein or ore, to be work.
ed" 1t is quite evident that the FORE
going provisions create and protect a
modified form of extra lateral pur-
suit.
Gamboa comments that "of all the
ordinances contained in the new code
or the old law there are none more
difficult or which have been more fire.
quently the subject of litigation in the
courts than this" He states that
when the vein extends outside the
pertenencias of adjoining owners in
to unclaimed ground, each owner is
entitled to work freely through the
virgin ground upon the dip of the vein
beyond his own limits and whenever
the workings of rival claimants in
this common ground meet a guarda-
raya or boundary monument should
be established beyond which neither
could pass. Cases of this character
gave rise to extensive litigation and
famous contest arose. in the mining
district of Guanajuato where Count
dc San Pedro del Alamo insisted that
the dip OF the vein that apexed in his
Santa Anita mine
was infinite in extent" that the vein
WAS his property, as far as it extended
upon the underlay as being one and
the same vein; and that as, when the
vein, being what is called deep vein,
proceeds perpendicularly downward,
the miner may work on to the anti
podes, or to the internal regions, as
Amaya says; so, If the vein be in
clined, its whole extent upon the I'M