YALE UNIVERSITY
[TRANSACTIONS OF THE AMERICAN INSTITUTE OP MINING ENGINEERS.]
DEC 8 1931
[Copyright, 1902.] LIBRARY

A Synopsis of the Mining Laws of Mexico.
BY RICHARD E. CHISM, M. E. , PH.D., MEXICAN ATTORNEY- AT-LAW,
MEXICO CITY.
(Mexican Meeting, November, 1901.)
v CONTENTS. PAGE
Introduction,  2
I. Mineral Substances, . . . . . . . . . .5
II. The Exploitation of Mineral Substances,- ..... .6
III. Mining Property and Mining Claims, ...... 7
IV. Prospecting for Minerals, .  . 9
V. The Ministries of Fomento and Hacienda, . . . . .12
VI. Mining Agents,  13
VII. Mining Surveys and Mining Surveyors, ...... 18
VIII. Acquirement of a Mining Concession, . . . . . 22
IX. Amplification, Reduction and Kemeasurement of Concessions : With
drawal of Applications, .  .29
X." Proceedings in Opposition : Mining Litigation : Penal Jurisdiction, . 33
XI. Metallurgical Works,  36
XII. Expropriations for Mining Purposes,  .38
XIII. Easements and Tunnel- Eights,  . 40
XIV. Mining Contracts and Companies, ....... 44
XV. Foreigners and Foreign Companies, .  45
XVI. Registry of Mining Transactions, ....... 47
XVII. Taxes on Mines,  50
Note. — The following abbreviations are used in reference to the laws, etc.,
cited in this Synopsis :
C. Fom., Circular of the Ministry of Fomento (Mining).
C. Hda., Circular of the Treasury Department.
C. Adm. del Timbre, Circular of the General Administration of the Stamp
Tax. L. min., Mining Law of June 4, 1892.
L. imp., Mining Tax Law of June 6, 1892.
R. L. min. , Regulations of the Mining Law, June 25, 1892.
E. L. imp., Regulations of the Mining Tax Law, June 30, 1892.
L. met. prec, Law as to Taxes and Duties on Precious Metals of March 27,
1897. B. L. met. prec, Regulations of said Law of March 27, 1897.
Tar., Tariff of said Law.
Uv\Vd 1^ \

2 a synopsis of the mining laws of mexico.
Introduction.
In 1885 I presented at the Chattanooga meeting of the In
stitute a Digest of the Mining Code of Mexico,* in force at that
time. Since that time the law has been radically altered, and
I have thought that it would be; of interest to the Institute to
have in its Transactions a synopsis of it as it now stands.
In order to reduce the volume of this synopsis, which is at
best very extended, I am compelled to omit many details, for
which I must refer the reader to my Encyclopedia of the Mining
Law of Mexico ; but all the fundamental part of the law has
been carefully, retained.
The pursuit of mining in Mexico under the Spanish do
minion was governed by disconnected decrees and ordinances
until the year 1584, when were formed what are called the
Ordenanzas del Nuevo Ouaderno, under the Government of
Philip n.
These laws governed until January 15, 1784, when the
famous " Ordinances of Mining," which had been enacted by
the King of Spain in May of 1783, came into force in New
Spain. After the accomplishment of the independence of Mexico,
the Spanish Ordinances remained in force, with very few
changes. In 1857 a new Constitution was'adopted in Mexico, which did
not delegate the power of mining legislation to the General
Government, and hence left the several States ' free to enact
their own laws.
However, nearly all of the States continued to use the
Spanish mining legislation. Only two States, Durango and
Hidalgo, adopted mining codes of their own.
, The changes of governmental methods, and of mining and
metallurgical systems, made the old legislation so difficult in -
its applications to the modern form of mining industry that it
was resolved to adopt another organization, which should be
general in its character and uniform for the whole Republic.
In 1883 a Constitutional amendment was adopted conferring
upon the General Government of Mexico the power to legislate
upon mining matters, and in November, 1884, a new Mining
* Trans., xiv., 35.

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 3
Code, with accessory legislation, was adopted, and put in force
from January 1, 1885. By this new Code the Spanish Ordi
nances of 1783, the succeeding colonial legislation, and subse
quent Federal and State laws upon mining, were utterly abol
ished, even in those parts not contrary to the provisions of the
new Code. (Code, Art. 218.)
This new code was the one of which I made the Digest
which appears in our Transactions, as quoted above. Its prin
ciples were, in many respects, a great improvement upon the
vague legislation of the old Ordenanzas, and were especially
beneficial because they did away with the conflicting legislation
of the several States.
However, when the monetary crisis arising from the fall of
silver began to be severely felt in this Republic, the necessity
of still more liberal mining laws became apparent, and resulted
in the promulgation, June 6, 1892, of the present law, with its
accompanying and subsidiary laws and regulations.
The old Spanish laws and the Mining Code of 1884 were
based upon a working tenure of mining property, under con
ditions hard to fulfill and fruitful of litigation.
The law of 1892, based on principles entirely modern and
liberal, gives the miner the property of his mines in an irrevo
cable, perpetual and secure form through the payment of a yearly
tax, with full liberty as to methods of work and amount of work
to be done. This law. is one of the most illustrious monuments
to the executive ability of General Diaz and his cabinet that
could possibly be desired. Its results were immediate and con
spicuous. Immense mining and smelting establishments have
sprung up, the cost of the production of silver has been greatly
reduced, and the gold-product of the Republic has increased
very largely. Foreign capital has been liberally invested, and
is still flowing in an increasing stream into the Republic, which,
in a few years, will undoubtedly be the largest producing
mining country in the world. The wise and liberal law of
1892 saved Mexico from • national bankruptcy, and started it
upon a career of prosperity which is entirely without precedent,
except, perhaps, in the development of the South African gold-
fields. The following table, taken from a government publication,
is a convincing demonstration of the influence of wise legisla-

4 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
tion upon the progress and growth of the mining industry. It
refers to the silver-product of Mexico only ; but the figures for
gold would show an even more flattering increase :

Quinquennial of
Fiscal Years.

Silver.
Exportation of
Ores, Bullion,
Mexican Coin.

Annual
Average.

Annual Aver
age Increase.

Legislation of the

From 1880-81 to 1884-85
From 1885-86 to 1889-90
From 1893-94 to 1897-98

1126,771,390 167,993,780
267,417,591

$25,354,278 33,598,75653,483,518

Unification of the
Legislation in
the Republic.
Mining Code of
1884 

$ 8,244,478
19,884,762

Law of 1892— In

The fundamental part of the Mining Law of Mexico is con
tained in a little pamphlet of one hundred and nine pages,
which can be obtained at the Fomento Department free of charge.
The contents of this pamphlet comprise the Mining Law of
June 4, 1892, with its Regulations, and the Mining Tax Law of
the same date (also with its Regulations), and a few Circulars
and subsidiary Laws.
These Laws are, in effect, the fundamental portion of the
Mexican Mining Code at present in force ; but the whole body
of legislation which affects the rights of miners, and especially
foreign miners, in this country is very much greater.
We have :
The Mining Law of June 4, 1892.
The Regulations thereto.
Thirty-four Explanatory Circulars, with Rulings of the Fo
mento Department.
Law of October 31, 1892.
Decree of December 31, 1892.
Law of June 4, 1894.
Law of December 13, 1897.
Law of June 3, 1898.
The Mining Tax Law of June 6, 1892.
The Regulations thereto.
Thirty-nine Circulars, with Rulings of the Treasury and
Revenue Stamp Department.

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 5
Law of Taxes and Duties upon Precious Metals of March
27, 1897.
Regulations of said Law.
Tariff of said Law.
Besides which, many references are made to :
The Civil Code of the Federal District of Mexico.
The Code of Civil Proceedings of the same.
The Code of Commerce of the Mexican Republic.
The Foreign Law of 1856.
The Foreign Law of 1886, and
The Federal Constitution of Mexico.
In the present synopsis, the more important of the above laws
have been carefully digested, and their provisions have been
arranged in as orderly a manner as possible under the seven
teen different heads, or sections, into which I have divided
the subject as shown in the table of contents prefixed to this
paper. I. Mineral Substances.
The Mining Law of Mexico divides all mineral substances
into two classes.
The first class contains such substances as may not be worked
without a previous concession, and the second class such sub
stances as belong to the owner of the soil and may be worked
without a concession.
The substances for whose exploitation it is indispensable, in
every case, to obtain a proper mining concession are the fol
lowing :
A. Gold, platinum, silver, mercury, iron (except bog-ore,
alluvial ore and ochres mined for coloring material), lead, cop
per, tin (except placer tin), zinc, antimony, nickel, cobalt, man
ganese, bismuth and arsenic, whether all these substances are
found in the native state or mineralized.
B. Precious stones, rock salt and sulphur. (L. min., Art. 3.)
The substances whieh the owner of the soil where they are
found in place may exploit freely, and without the necessity of
a special concession in any case, are the following :
A. Mineral oils and mineral waters ; the country-rock, which
is to be used either for itself directly or as raw material for
ornamentation and construction; the materials of the soil, as
earth, sand and clays of all kinds.

6 a synopsis of the MINING LAWS OF MEXICO.
B. In general, all 'other substances not before excepted.
(L. min., Art. 4.)
H. The Exploitation of Mineral Substances.
The exploitation of mineral substances, whether those that
are subject to concession or whether those that belong to the
owner of the soil where they may be found, is subject to all
the regulations that may be established for police and security.*
After said regulations have been complied with, the miners
shall enjoy the most complete liberty of industrial action, to
work in the manner which may suit them best, — with activity,
more slowly, or suspending their labors for a greater or less
time. They may employ in their workings any number of
workmen they may choose and at the point which they may
believe to be most appropriate, and they may follow the systems
which they may find most convenient for their private interest
for removal, extraction, drainage and ventilation.
Notwithstanding, the mine-owners stand responsible for any
accidents that may occur in the mines through bad working,
and must pay the damages and losses that may be occasioned
to other proprietors for lack of drainage or for any other cir
cumstance that may injure the interests of other parties. (L.
min., Art. 23.)
The exploitation of mine products shall be strictly confined
within the respective boundaries, and these boundaries can only
be passed when the ground is free, and a previous concession
of amplification must be obtained.
In order to enter any other person's claims it is absolutely
necessary to have the consent of the owner, except in the case
of a legally established servitude. (L. min., Art. 8.)
No exploitation of the substances which are subject to con
cessions shall be permitted in mines or placers, whether by
open cut or subterranean workings, unless protected by a duly
registered legal title. (R. L. rain., Art. 43.)
Whenever it becomes necessary to open any drainage-tunnel
in a given locality, the execution thereof shall be carried into
effect according to a private contract between the interested
parties. See Sect. XHL, of this Synopsis.
* No such regulations have as yet been established (October, 1901).

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 7
III. Mining Property and Mining Claims.-
Mining property legally acquired is irrevocable and per
petual as long as the Federal tax upon property is paid. (L.
min., Art. 5.)
The primordial title-deed of all mining property acquired
according to the laws now in force is that which is made out
by the Ministry of Fomento by virtue of the powers conferred
by said laws. (L. min., Art. 6.)
Mining property, except in case of placers or superficial de
posits, is understood to be only with respect to the subsoil, and
not to the surface.
The owner of the mine must come to an agreement with the
surface owners for such part of the surface as the mine-owner
may need to acquire for mining purposes, as below.
The surface continues under the ownership of its proprietor,
except in -such part thereof as the miner needs to occupy in
certain cases and conditions. (L. min., Art. 7.)
The water which is raised to the surface by virtue of the
subterranean workings of mines belongs to the owner of the
latter. The provisions of the common laws must be observed
as far as relates to the rights of the owners of the lands over
which said waters take their course. (L. min., Art. 9.)
Whenever the owner of any mine shall transfer the same, he
must give notice thereof, in writing, to the Principal Local
Administration of the Revenue Stamp Tax, through the cor
responding subordinate office or agency.
Said Principal Administration shall give account thereof to
the Secretary of the Treasury, to be duly noted in the register.
(L. imp., Art. 8, and R. L. imp., Art. 27.)
The same notice must be given in the case that any person
or company does not desire to continue with the property of
any mine or mines which may have been acquired. (L. imp.,
Art. 8, and R. L. imp., Art. 27.)
The default of payment of the Federal tax constitutes at
present the only cause of the loss of mining property, without
any recourse.
In this case the mining property remains free from all en
cumbrance, and may be conceded to the first applicant. (L.
min., Art. 29, and L. imp., Art. 6.)

8 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
Mining property is classed as real estate,* but' mining stock
is personal property.
The unit of a concession, which is a mining claim (perte-
nencia), is a solid of indefinite profundity. It is limited on the
exterior by that part of the surface of the ground which serves
as the projection of a horizontal square of one hundred meters
on each side, and on the interior by the corresponding four ver
tical planes.
The pertenencia is indivisible in all contracts made as to mining
concessions, and which affect the ownership of the same. (L.
min., Art. 14.)
A fractional part of a claim cannot be the subject of a mining
concession, unless it is found between other claims already con
ceded. (L. min., Art. 15.)
Those mines which may have been at work or legally pro
tected from the necessity of being worked at the time when
the Mining Law of June 4, 1892, commenced to be in force,
shall preserve their claims with such measurements as they
may .have, if the owners so desire it, even though said measure
ments should be different from the new measurements now
established. (L. min., Art. 4, transitory.)
Mining concessions may take in, whenever there is sufficient
free ground, whatever number of claims may be applied for,
without taking into consideration whether the applicants are
one only or several — whether these constitute a company or
not; and as many claims may be acquired as may be desired.
(L. min., Art. 15, and C. Fom., July 1, 1892.)
The marking off and measurement of the claims on the
ground does not imply any right to the occupation of the lat-
ter, and only serves to show the boundaries of the mining con
cession. The applicant should thoroughly understand that he must
agree with the owner of the land for the acquisition, whenever
he may so wish, of such a part of the surface as he may need
to occupy for the dependencies of his mining works, or of the
whole of the surface marked oft into claims (in the case of
placers or superficial deposits).
This acquisition may be through mutual agreement and in
* By inference and precedent only ; the law does not say so expressly.

A SYNOPSIS ' OF THE MINING LAWS OF MEXICO. 9
accord with the owner, or by expropriation, by promoting the
corresponding judicial decision. (R. L. min., Art. 40.) See
Expropriation ; Sect. XII. of this Synopsis.
Applications for mining concessions in which interrupted
(separated) claims are asked for shall be admitted whenever
said claims are all in the same municipality and on the same
mineral deposit; but in the case of being in different munici
palities or on different mineral deposits, separate applications
must be presented with reference to each claim or group of
claims in each separate mineral deposit or municipality. (C.
Fom., October 31, 1899.)
IV. Prospecting for Minerals.
Any inhabitant of the Republic may undertake exploration
work on public lands by giving notice thereof, in duplicate, to
the local Mining Agent, in which notice shall be accurately laid
down the boundaries of the zone of exploration.
The Agent shall return one duplicate notice to the explorer,
after endorsing thereon the day and the hour of the presenta
tion thereof, and shall notify the explorer that in case of making
excavations there they shall not exceed ten meters of extension,
neither in length nor in width. (L. min., Art. 13, and R. L.
min., Art. 10.)
In those localities of the Republic which are not compre
hended within the district assigned to any Mining Agent, the
notices and vouchers for prospecting permits shall be presented
to the local postmaster, who, in this case only, may receive said
documents, and shall note on them the day and hour of pre
sentation ; and, besides,' he shall give immediate notice to the
Ministry of Fomento by mail and by telegraph, if there is one.
(R. L. min., Arts. 48 and 49.)
Upon lands belonging to private owners, prospecting can only
be done by the permission of the owner or of his representa
tive.* These persons, if they consent, must give to the pros
pector a proper voucher, with an indication of the boundaries
of the lands where the prospecting is to be done. This voucher
is to be presented to the Mining Agent, so that he may take
* Prospecting on private lands can only be done by permission of the owner,
but soliciting a mining concession (denouncing a mine) on such lands does not
seem to need any permission.

10 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
note thereof and return it to the prospector, after having noted
thereon the day and hour of the presentation. (L. min., Art.
13, and R. L. min., Art. 11.)
If the necessary .permission cannot be obtained from the
owner or his representative, the prospector may apply for it to
the local Mining Agent, offering a bond for the damages and
losses that may be caused.
The application shall be on view for the owner of the land
for the term of fifteen days, and he shall be notified that unless
he puts in an objection he will be held to be a consenting party
thereto. When the above.term has expired the Mining Agent shall
give the proper decision, and, if necessary in any case, shall fix
the amount of the bond after a careful estimate of the damages
which truly and positively may be caused to the owner of the
land, so that the bond may not be excessive.
When the bond has been drawn up the Mining Agent shall
give to the prospector a proper voucher, with a description of
the boundaries of the zone of exploration. (L. min., Art. 13 ;
R. L. min., Art. 12; and C. Fom. of July 1, 1892.)
During the peremptory term of three months, counted from
the date of the notice, of the permit, or of the administrative
decision just referred to, the Mining Agent shall admit for the
prospecting zone, and within the limits thereof, only such appli
cations for a concession as may be presented by the prospector
himself. (L. min., Art. 13, and R. L. min., Art. 13.)
In those cases where the Mining Agent may receive an expert
report, under the responsibility of its author, in which the
existence of subterranean gold-placers is indicated, the term of
exploration maybe lengthened up to one year. The rest of the
proceedings shall be the same as for other prospecting permits,
except that the shafts to be opened for prospecting may be
as deep as may be necessary. (Law of November 13, 1899,
Art. 1.)
The lengthening of the term of exploration for subterranean'
gold-placers is not to prevent the admission of applications for
mining concessions, according to the laws in force, within the
limits of the zone of exploration, to exploit deposits of any
other minerals. (Law of November 13, 1899, Art. 2.)
The Mining Agent will be careful to publish, on his Bulletin

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 11
Board, a copy of the prospecting permit, notice or administra
tive decision, and must indicate, at the end of the respective
copy, the exact -dates on which the exploration should com
mence and terminate. (Law of December 14, 1897, Art. 2.)
When the peremptory term above noted has expired, no new
prospecting permits shall be admitted to registry for the land
explored, nor shall any prospecting notice be admitted with
respect to the same ground, until after the expiration of six
months, during which time the ground in question shall re
main entirely free for applications for mining claims situated
therein. Within mining camps, where there are properties in posses
sion, prospecting shall only be done on ground which is at least
200 meters from the boundaries of the claims or in abandoned
mines. In every case the prospector must clearly and precisely desig
nate the situation and boundaries of his ground. (Law of
December 14, 1897, Art. 1.)
Inside of private edifices and their dependencies, prospecting
can only be done by permission of the owner.
Prospecting is not permitted near the nucleus of any town,
but only at the distance of fifty meters from the exterior lines
of public and private residences and their dependencies. The
same distance shall be observed with respect to any other
public work or construction, but may be reduced to thirty
meters from the exterior lines of common roads, railroads and
canals. As far as relates to fortified, points, the minimum distance at
which mining exploration can be carried on shall be one kilo
meter, starting from the exterior line of the works. (L. min.,
Art. 13, and R. L. min., Art. 14.)
According' to the General Custom House Ordinances, Art.
452, such persons as may arrive fromf oreign parts to prospect
for lands or mines, and who bring with them wagons, carriages,
tools or instruments for prospecting, and who may solicit per
mission to enter the country therewith, may obtain the same
from the Secretary of the Treasury, at his discretion. Such
parties must give a bond, to the satisfaction of the local Custom
House Administrator, to cover the amount of duties that may
be determined at the time of arrival, and which must be paid

12 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
if the re-exportation of the goods is not made within the time
fixed by the Treasury Department.
V. The Ministries of Fomento and Hacienda.
This first is generally called, in Spanish, " Secretaria de Fo
mento." Fomento means " encouragement " in English, as
nearly as it can be translated. Some later translatots call it
the " Department of Public Promotion," but there is no justi
fication for using the word " Public," although the word " Pro
motion " is a passably fair translation of Fomento.
The Ministry of Hacienda corresponds to the Treasury De
partment in the United States. Hacienda, in this connection,
means everything relating to public revenue and expendi
ture ; in a more restricted way, it means the wealth of any in
dividual; specifically, a plantation or farm.
The mining industry in Mexico is by law dependent upon
the Ministry of Fomento. Said Ministry, as a branch of the
powers vested in the Executive of the Union, may decree such
measures as it may judge proper for increasing the prosperity
of the mining industry, and shall watch over the fulfillment of
the laws relative thereto, by means of the engineer inspectors
of mines. (L. min., Art. 30.)
The said Ministry must pronounce on every docket of a
mining concession the final decision corresponding thereto, and
must issue the primordial title-deeds of mining property.
The said Ministry should publish every six months, in the
Diario Oficial of the Federation, a list of the title-deeds which
have been issued during said period. (L. min., Art. 6, and
R. L. min., Arts. 16 and 50.)
Every time that the Ministry of Fomento issues a title-
deed, a detailed account must be sent to the Secretary of the
Treasury of the concession to which said title refers. (R. L.
min., Art. 37.)
The immediate control of mining affairs in the Ministry of
Fomento is committed to Section Third, which is, in fact, a
Central Mining Office.
The Secretary of the Treasury, in its mining branch, has
charge of the collection of the revenue stamp tax, of the an
nual mining tax, the coinage tax and the assay fees, etc., and
of the exportation of the precious metals.

a synopsis of the mining LAWS OF MEXICO. 13
The Treasury Department may, whenever it shall consider
it equitable and convenient to do so, modify the rule by which
the annual mining tax is to be paid. in the local Principal or
Subordinate Administration of the Revenue Stamp Tax.
Note. — Mining taxes are frequently allowed to be paid in Mexico City, or in
some other central locality, when not convenient to pay them in the district where '
the mine is located.
In such a case the Treasury will give notice thereof to the General Administra
tion of the Revenue Stamp Tax, so that this office Juay communicate the same to
the principal local stamp tax office where- the mine is situated. (E. L. imp.,
Art. 20.)
The Treasury Department may grant a special concession
to metallurgical companies to have their products assayed, and
the taxes thereon liquidated, in their own establishments. (R.
L. met. prec, Art. 1.)
The Treasury shall determine the compensation of public
officers who sell stamps. (R. L. met. prec, Art. 1.)
The Treasury shall designate certain government offices,
banks or commercial houses on which drafts may be drawn
to pay for bullion purchased by the Treasury for coinage pur
poses. Also, the Treasury shall fix the term in which said drafts
shall be payable. (R. L. met. prec, Art. 20.)
The Treasury may fix the minimum value per ton which is
to serve as the basis for drawing up bonds for the exportation
of precious metals and substances containing them. (R. L.
met. prec, Art. 35.)
The Treasury may make special regulations for the transpor
tation of metals and minerals within the zones of twenty kilo
meters along the coast and the frontiers.
The Treasury may modify or condone any administrative
penalties. (R. L. met. prec, Art. 34.)
VI. Mining Agents.
The primary authority of the Executive, represented by the
Ministry of Fomento, is delegated to certain officials called
Agentes de Minerid, or Mining Agents.
The Mining Law prescribes that the Secretary of Fomento
shall appoint in such mining districts where, in his judgment,
it may be necessary, special Agents dependent on his Depart-

14 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
ment. These Agents shall receive and put through the proper
course all applications for mining property and surplus ground
that may be presented to. them, and shall exercise such other
functions as may be designated for them in the law and regu
lations. (L. min., Art. 16, and R. L. min., Art. 1.)
An Agent of the Ministry of Fomento must be a Mexican
citizen in full possession of his rights, and he must not be
exercising any office of authority in the State or Territory
where he belongs, nor in the Federal District. (R. L. min.,
Art. 3.)
For the legal impediments of the Mining Agent, see below.
At the time of appointing each Agent, the circumscription
or the limits within which he is to exercise his office are to be
designated, and the first boundaries, as well as any subsequent
modifications of the same, shall be published in the Diario
Oficial (official daily newspaper) of the Federation. (R. L. min.,
Art. 7.)
For each Agent who may be appointed in any mining dis
trict, there shall also be appointed such substitutes as may
be required according to the amount of business in the district
in question. Said substitutes must have the same qualifica
tions as the Agents, and shall be the substitutes for the Agents
in all temporary or permanent absences that may occur, as well
as when, through legal impediment, th*e Agent is unable to
act in any particular case, for any of which cases they shall
be previously summoned by the proper Agent. (R. L. min.,
Art. .4.)
The Agents, to exercise their office, should have a patent
(despacho), with a stamp of ten dollars. When they forward
this amount they must also remit "three dollars and twenty
cents for the signatures and formalities of the patent. (C.
Fom. of August 29, 1892; but this has been abolished by
a recent enactment.)
Whenever any Agent wishes to absent himself from his
place of residence for less than eight days, he may do so by
previously notifying his substitute to act.
The substitutes do not need a patent ; forvthe discharge of
their office, simply the appointment conferred upon them shall
be sufficient. (C. Fom., November 28, 1892.)
If the time of absence is to be longer than eight days, per-

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 15
mission should be previously obtained from the Ministry of
Fomento, by notifying the cause of the absence and its
duration, so that the ministry may resolve upon the proper
course. (C. Fom. of November 20, 1892.)
In case of death, or of serious illness which prevents the
proprietary agent from summoning his substitute, the latter
may proceed to exercise the functions of the Agent, of which
he shall immediately advise the Department of Fomento by
mail, and also by telegraph, if the latter exists. (R. L. min.,
Art. 6.)
The functions of the Agents are administrative only, and
are perfectly defined by the existing regulations as to mining.
(C. Fom. of July 1, 1892.)
In case of doubt about the application of the law or its
regulations, the Agents must consult with the Ministry of
Fomento. (R. L. min., Art. 1.)
Agents have no right to accept more than the fee fixed by
the proper Fee Bill, and they must consult the Ministry of
Fomento with respect to the amount of their fees in any case
not provided for in the Fee Bill. (R. L. min., Art. 8.) See
Honorarios. The books kept by the Agents do not need other authori
zation than that of the Ministry of Fomento. (C. Fom., Au
gust 1, 1892.)
The duties or obligations of the Mining Agents are :
I. To make known to the public the place in which they
attend to mining business and the hours they devote daily to
said business, which business must not be interrupted except
on Sundays and national holidays. (R. L. min., Art. 7.)
II. To. give course to applications for mining concessions
in the manner to be described under the head of Acquirement
of a Mining Concession, Sect. VIII. of this Synopsis.
III. To give course in the same way to the prospecting
permits as is laid down under Prospecting, Sect. IV.
IV. To proceed in case of withdrawal (desistimiento), am
plification (ampliacion), reduction (reduccion), or correction (rec-
tificacion) of claims, according to the rules laid down under
Sect. IX. of this Synopsis.
V. To remit to the Ministry of Fomento any information
required.

16 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
It is expressly prohibited for the Agents to receive and
keep on hand moneys intended for the payment of the annual
mining tax. (C. Fom., April 12, 1892.)
The Agents are responsible for the errors or omissions in
the dockets (expedientes), if said errors or omissions are im
putable to them. (L. min., Art. 19, and R. L. min., Art. 31.)
Impediments. — A Mining Agent shall be deemed necessa
rily impeded from acting officially in the following cases :
I. In matters where he has an interest, direct or indirect.
II. In cases in which are interested any of his blood relatives
in direct line, without limitation of degrees, his collateral rela
tives within the fourth degree, or his relatives by marriage up
to the second degree, inclusive, in every case.
III. When the Mining Agent or his relatives, as set forth,
have a lawsuit pending of a like nature to the one in question.
IV. Whenever there exist between the Mining Agent and
any of the parties in interest intimate relations proceeding
from some civil or religious function, sanctioned and respected
by custom.
V. Whenever the Mining Agent may be an actual partner,
tenant or employee of some one of the parties in interest.
VI. Whenever the Mining Agent has been tutor or guar
dian of one of the interested parties, or is actually administra
tor of the property of such person.
VII. When the Mining Agent is heir, legatee or beneficiary
of one of the parties in interest.
VHI. When the Mining Agent or his wife or his children
may be debtors or bondsmen of any of the interested parties.
IX. When the Mining Agent may have been lawyer, attor
ney, expert or witness in the matter in question.
X. If he should be related by blood or marriage to the
lawyer or attorney of any one of the interested parties in the
degrees expressed in Sect. II. (R. L. Min., Art. 5, and Code
of Commerce, Art. 1132, Sects. I. to IX., and XII.*)
In case of death, or of serious illness which may prevent the
proprietary Mining Agent from summoning his substitute,
the latter may enter into the exercise of his functions and

* These are the articles of the Code of Commerce relating to the impediments
(disqualifications) of Judges of First Instance.

A SYNOPSIS OF THE MINING LAWS OF MEXICO. l7
must give immediate notice to the Minister of Fomento by
post, and by telegraph, if there should be one. (R. L. Min.,
Art. 6).
Honorarios [Fees] . — The Mining Agents of the Ministry of
Fomento are authorized to charge fees according to the regu
lar Fee Bill. (L. min., Art. 16.)
This Fee Bill is as follows :
I. For_ endorsing proprietors' prospecting permits or notices
and registry of the same, one dollar (peso).
II. For the procedure and issuing of the prospecting permit
issued by the Mining Agent when the proprietor refuses con
sent, two dollars.
IH. For the registry of each application for a mining con
cession or amplification and rectification of mining claims and
for the registry of the same, one dollar.
IV. For the notices, summons and summary of dockets, at
the rate of twenty cents for every ten lines or fraction thereof,
and, besides, ten cents for the examination of each one of the
leaves which are contained in the dockets and other documents
to be included in the summary.
V. For the writing, comparison and countersigning of the
certified copies, and for other copies, at the rate of one dollar
for each 100 lines or fraction thereof.
VI. For the search for dockets or for any other documents
in the archives, one dollar.
When the parties in interest do not furnish sufficient data
and the search must be made among documents corresponding
to more than one year, one dollar for each year of the search.
VII. For each kilometer of going and for each kilometer of
return, when traveled for the performance of any official duty,
twenty-five cents.
•VIIL For ocular examinations or exterior inspections, and
making a report thereof, five dollars.
IX. For inspections, official visits or examinations, in work
ings underneath the surface, five dollars for every 100 meters
¦ of depth, or fraction thereof, to which said workings extend,
and five dollars for the report thereon.
X. For presence at meetings which do not exceed one hour
of duration, three dollars ; and for every hour or part of an
hour over that time, one dollar. (R. L. min., Arancel.)
2

18 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
By a Circular of Fomento of September 1, 1892, the Mining
Agents are authorized to charge one dollar for the comparison
and countersigning of the plans presented by the expert sur
veyor, and the same for the comparison and countersigning of
the copies of plans which may be copied from the archives of
the Mining Agency by the parties in interest.
The Mining Agents only have a right to charge the above-
named fees, and should consult with the Ministry of Fomento
as to what should be the amount of their fees corresponding
to cases not provided for by the Ministry. (R. L. min., Art. 8.)
The default in the payment of fees, if attributable to either
applicants or opposers, implies for the first that they have de
sisted from their application for a concession, and for the second
that they are to be considered as having desisted from their
opposition and as consenting to all the claims which have been
brought forward by the applicant. (R. L. min., Art. 36.)
VH. Mining Surveys and Mining Surveyors.
The measurement and laying out of mining concessions is to
be done by graduate experts, or by practical experts if gradu
ate experts are not at hand.
The Mining Law requires that within the three, days next
following the presentation and registry of an application for a
mining concession, the Mining Agent must appoint a gradu
ated surveyor expert, or, if none such is to be found in the
place, a practical expert, who shall measure the claims and
gores applied for and draw up the corresponding plan, marking
clearly thereon the monuments (landmarks) of the claims or
gores aforesaid, as well as the contiguous claims within a zone
of at least 100 meters all around.
The Mining Agent may appoint the expert indicated by the
applicant whenever said experthas the necessary qualifications.
(R. L. min., Art. 19.)
The expert, within eight days after his appointment, must
notify the Agent whether he accepts or declines the appoint
ment ; and, in the former case, that he has already made an -
agreement with the applicant with respect to the payment of
the fees. The Mining Agent shall make the corresponding
note thereof on the docket.
By desire of the applicant, the above term of eight days may

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 19
be prolonged by the Mining Agent, one single time only, for
the same number of days more. (R. L. min., Art. 20.)
At the time of making the note of the acceptance of the ex
pert, the Mining Agent shall fix for the expert a peremptory
term of sixty days to present, in triplicate, the corresponding
plan, accompanied by a detailed report; and he shall deliver to
the expert a certified copy of his appointment, canceling there
upon a revenue stamp of ten cents for each leaf. The said
copy shall conclude with the admonition that whoever may re
sist the performance of the field work which the said surveyor
has to carry on will be in danger of the penalties laid down in
the law.
If the surveyors, in the performance of their work, actually
meet with resistance, they shall demand the assistance of the
public forces.
It has been expressly declared that surveyors, during the
discharge of their duty, have the character of executors of a
legitimate order of a public authority. (R. L. min., Art. 24,
and C. Fom., July 6, 1892.)
The surveyor experts must pay attention to whatever ob
servations may be made to them by the applicant (for the con
cession they are measuring), and by those who have opposed
the application for the concession, or who propose to oppose it.
But they are not to express any opinion upon the observa
tions, except in the explanatory report which they must present
to the Mining Agency.
The presentation of said report within the peremptory term
fixed by law is a personal responsibility of the experts, who
shall be . charged with all the loss and damages that may be
caused by any default in the presentation of said document.
(R. L. min., Art. 25.)
The operations on the field to be practiced by the duly ap
pointed surveyor expert shall be executed in such a manner
that, by means of the necessary scientific processes, there shall
be determined the horizontal lengths of the sides of the claims,
and the angles formed by the aforesaid sides with the true
meridian. For this purpose the surveyor experts shall determine the
magnetic declination of the compass, if that instrument is used
to measure the courses of the sides.

20 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
Effort shall be made to refer some one of the vertices of
the perimeter to fixed points found on the ground, and all
the necessary data shall be collected for the verification of the
work. Landmarks. — The marking of mining claims upon the sur
face of the ground shall be made by means of monuments or
landmarks, which must fulfill the following requisites :
I. They must never be changed from their position, since
they are intended to mark points that are essentially invariable
as long as the claims or concessions which they define continue
unchanged. They are to be solidly constructed, and must always be
preserved in good condition, making such repairs as may be
necessary. II. They must be situated in such convenient number and
place so that, in every case, from any one of them can be
seen the former and the following one. By their form, color,
or in some other way, they must be distinguished from neigbor-
ing landmarks.
Bearing in mind the foregoing instructions, the mining sur
veyor appointed by the Mining Agency shall mark upon the
ground the points where the landmarks are to be placed. The
surveyor shall also mark these points on the corresponding plan
which he may draw up. (R. L. min., Arts. 3, 8 and 19.)
In case that an increase of the number of claims in any
mining concession shall be applied for, the landmarks must be
placed upon the boundary-lines of the new property in accord
ance with the directions already given.
The same shall be done whenever there is a remeasurement
(rectification) or a reduction of the number of claims. (C.
Fom., September 3, 1892.)
Plans. — The plans of the claims shall be neatly and accu
rately drawn, on strong paper, for the preservation of the docu
ment, but the copies may be taken on tracing-cloth.
The scales must always be decimal and proportionate to the
object of the plans.
The plans must show the length of the sides in meters, the
directions of the same with reference to the true meridian
the declination of the compass used, with the date on which
this was determined, and the area in hectares. (R. L. min.
Art. 39.)

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 21
The surveyor appointed to measure any concession must pre
sent his plans to the Mining Agency within the peremptory
period of sixty days, under his own strictest responsibility.
The plan must be in triplicate, showing the claims or gores
that have been applied for, as well as the neighboring claims
within a distance up to 100 meters.
One of the three plans (on strong paper) is to be placed in
the docket, and the other two are regarded as copies thereof.
All three must be compared and countersigned by the Mining
Agent before the first plan is remitted to the Ministry of
Fomento with the docket. (C. Fom., September 1, 1892.)
The plans and reports relative to mining concessions do not
need revenue stamps. (C. Fom., October 19, 1892.)
In case the parties in interest should solicit copies of any
plans existing in the archives of the Mining Agencies, the
parties or persons designated by them for that purpose shall be
permitted to make such copies on the premises of the Agency.
(C. Fom., September 1, 1892.)
The responsibility which is incurred by the bad execution on
the ground of the work of marking out and measuring the
claims extends to the graduated surveyor expert, as weU as to
the simply practical experts. (C. Fom., July 1, 1892.)
The law does not exact the presence of the Mining Agent,
nor that of any other authority, at the act of marking off and
measurement of the claims. Hence, the applicants will not
have to pay the costs which were formerly to be paid for said
presence. The want of said presence does not take away the neces
sary legality of the act, which is fundamentally a technical
operation, and does not imply the occupation of property nor
the infringement of any rights, which latter are guarded by
the provisions of the law and its regulations. (C. Fom., July
1, 1892.)
The present mining law does not contain any fee bill for the
payment of mining surveyors or experts, but there are in sev
eral States enactments covering these points; and for cases
where they are not covered, the judges frequently use the
scale of fees contained in the general fee bill of February 12,
1840.

22 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
VIII. Acquirement of a Mining Concession (Denounce
ments).
The words " denounce " and " denouncement," as applied to
mining affairs in Mexico, came into the. English language
about 1827. H. G. Ward, in his book upon Mexico, published
in 1827 or 1828, was the first or one of the first to use the
term, and he defines it as follows: "To 'denounce,' in the
Mining Code of Mexico, implies that process by which a legal
right of possession is obtained to a particular portion of any
vein, worked or unworked, known or unknown, which a miner
chooses to select for his operations."
The word is almost equivalent to " announce " in English,
and has no opprobrious significance whatever.
According to the anterior mining legislation of Mexico, the
applications for mining concessions were called denuncios (de
nouncements) ; but the term is no longer in legal use under the
present law, although it is still commonly employed in collo
quial language when discussing mining matters.
With respect to denouncements, the Transitory Article 1 of
the Mining Law of June 4, 1892, says : " All denouncements
of mines or of demasias (gores) which are in course of* proced
ure when this law commences to take effect shall continue to
be in procedure, and the necessary decisions thereon shall be
made according to the present law."
Any inhabitant of the Republic may apply for a mining con
cession. See Foreigners and Foreign Companies, Sect. XV. of
this Synopsis.
The law concedes complete liberty with respect to the num
ber of claims* that may be applied for in any case where there
is sufficient free ground, without taking into account whether
the applicants are one or several ; neither if they constitute a
partnership or company, or not. (L. min., Art. 15, and C.
Fom., July 1, 1892.)
With exception of the case in which the claims applied for
are situated in ground subject to exploration, mining conces-

* This clause has been woefully abused in practice, as there are many persons
in the Eepublic who have made and are making immense denouncements solely
for the purpose of keeping mining ground tied up, and up to the present time
the efforts of the Government to prevent this have had no decisive result.

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 23
sions are always to be conceded to the first applicant. (L. min.,
Art. 15.) \
See Mineral Substances, Sect. I. of this Synopsis, for a list of
the substances for whose exploitation a concession is necessary.
Every application for a concession to mine any of the sub
stances which the owner of the soil is free to exploit shall be
quashed at once. (R. L. min., Art. 44.)
Applications for the concession of mining claims or gores
must be presented in duplicate to the proper Mining Agent.
Applications must express with entire clearness the number
of claims that are asked for, the situation that these occupy on
the ground, the location of the ground in the municipality to
which it belongs, with the most notable natural signs by which
the claim can be identified, and the designation of the mineral
substance which it is proposed to mine.
H, in the opinion of the Agent, there should not be sufficient
clearness, he shall try to secure the same by questioning the
applicant himself, and entering all his answers upon the appli
cation on the duplicate thereof, and in the registry book of the
Mining Agency, in presence of the interested party.
But inability on the part of the applicant, or his refusal to
give explanations, shall not be a motive for not making the
registry, nor for the suspension of the rest of the procedure.
(R. L. min., Art. 15.)
Any applications for mining concessions that are made in the
name of a third party may be admitted, always provided that
the applicant who presents himself in that manner will give a
bond, and will promise to produce a legal power of attorney in
proper form, at latest within the period of sixty days, which is
to be allowed to the expert to present his plans and report. If
said period is allowed to pass without the production of the
power of attorney, it will be at the prejudice of the interested
party. (C. Fom,, October 15, 1892.)
Attorneys should be appointed by a power of attorney in
legal form, if it is desired that the Ministry of Fomento shall
deliver the titles to a property to the attorney.*
Notwithstanding, and to avoid complications, the interested
* A power of attorney in' due form is required, for the purpose of obtaining
prompt action upon a mining title before the Fomento Department.

24 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
parties may, in their original application, or in a separate appli
cation to the Minister of Fomento, designate a person to whom
the titles are to be delivered. (Especial ruling of Minister of
Fomento.) It is not indispensable that in every case the applicant for
a mining property must have an attorney or representative in
the City of Mexico to receive the titles of a property. As soon
as the papers are approved and the necessary stamps provided,
the titles will be sent to each interested party, without any
expense to him. (C. Fom., July 1, 1892.)
On October 31, 1899, a circular (No. 32) of the Ministry of
Fomento was issued, which states that cases have been very
frequent where applications for mining concessions have been
presented with the deliberate object of preventing other per
sons from taking up the same ground ; and for the furtherance
of this object a large number of pertenencias (claims) are asked
for, or the number is not designated, as the documents simply
claim the whole of a municipality, of a district, or of the juris
diction of a Mining Agent, etc.
The circular then proceeds to explain the provisions of Ar
ticle 15 of the Mining Law Regulations, and enjoins that the
applications for mining concessions must carefully and exactly
comply with Article 3 of the Mining Law of June 4, 1892, and
of Article 15 of the Regulations.
According to this circular, the applications must contain :
1. The number of claims (pertenencias) to be included in the
concession, clearly and precisely stated.
2. The situation which these claims have on the ground.
3. The location of the ground in the municipality.
4. The most notable natural marks by which the ground
applied for can be identified.
5. The designation of the mineral substance which is pro
posed to be mined.
6. The nature and situation of the deposit in which the min
eral is found, for which purpose it must be stated whether the
mineral deposit is a vein, a blanket deposit, a placer or has
some other form.
7. Mention of the place or places, within the boundaries of
the local Mining Agency, where the mineral deposit may be
examined; designating the most notable landmarks by which
the mineral deposit may be identified.

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 25
In case the application does not duly satisfy all these requi
sites, it cannot be admitted nor registered.
If the above requisites are fulfilled, the Mining Agent, if still
in doubt, may interrogate the applicant, and shall note his
answers on the application, on the duplicate, and in the Registry
Book of the Mining Agency, in presence of the interested
party ; but the proceedings must go on, if the above requisites are
fulfilled, even if the party cannot give explanations, or even if
he refuses to do so.
The Mining Agent shall call the attention of the Ministry of
Fomento, when the docket* is sent on, to the questions that were
asked and the replies thereto.
Applications for mining concessions in which interrupted
claims — i.e., claims not consecutive — are asked for shall be ad
mitted whenever all the claims are in the same municipality
and upon the same mineral deposit.
In case of being in different municipalities, or upon different
mineral deposits, separate applications must be presented with
reference to the claim or claims which are situated in each
separate mineral deposit or municipality.
In every case the applications must contain all the requisites
above referred to, so as to be admitted. (C. Fom., October 31,
1899.) A fifty-cent revenue stamp is required on every leaf of the
application. At such points of the Republic as may not be comprehended
within the district assigned to any Mining Agent of the Min
istry of Fomento, applications for mining concessions may be
presented to the local postmaster, who, in such a case, shall
receive them and take note thereof, designating the day and
the hour of presentation.
The postmaster must also give immediate notice to the Min
istry of Fomento by mail, and also by telegraph, where there
is one. (R. L. min., Arts. 48 and 49.)
As soon as any application for a mining concession is pre
sented to a Mining Agent, he shall proceed immediately to
register the same, in the presence of the applicant, with an entry

* "Docket" is the best English equivalent lean find for the Spanish word
Expediente.

26 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
of the day and the hour of presentation, as well as the ordinal
number of the docket relative thereto, in the special registry
book for applications for mining concessions, and also at the
end of the application itself, and upon the duplicate thereof.
Said registry book is to be paged and countersigned by the
Ministry of Fomento.
The applications shall be registered in the exact order of the
date and hour in which they may be successively presented,
without leaving any blank spaces in the book between the
different registrations. (R. L. min., Art. -17.)
When an application has been admitted, no other can be re
ceived for the same site until after the Ministry of Fomento
has entered a final ruling on the docket belonging to said con
cession, whether for full mining claims or gores. (R. L. min.,
Art. 16.)
In case of the simultaneous presentation of two or more
applications for concessions of mining claims or gores for the
same site, lots shall be drawn in the presence of the interested
parties, to decide which of the applications is to be admitted
and registered. (R. L. min., Art. 18.)
Within the three days following the presentation and registry
of any application for a mining concession, the Mining Agent
shall appoint a graduated mining expert, or, if there are none
in that locality, a practical expert, to measure the claims or
gores, and draw up the corresponding plan thereof. (R. L.
min., Art. 19.) See Sect. VII. of this Synopsis.
Within the eight days following the appointment of the sur
veyor expert, he must communicate to the Mining Agent his
acceptance or rejection of the appointment, and, in the first
case, that he is already in accord with the applicant for pay
ment of his fees. The Mining Agent shall enter the proper
note thereof upon the docket.
Said term of eight days may be prolonged by the Mining
Agent once, for eight days more, if desired by the applicant
(R. L. min., Art. 20.)
When the Mining Agent enters the note of the acceptance
of his appointment by the surveyor expert,' he shall designate
for said expert a peremptory term of sixty days to conclude and
present his documents.
At the same time the Mining Agent must give the expert a
certified copy of his appointment.

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 27
The Mining Agent shall then proceed to make out in dupli
cate a summary.
One copy of the summary shall be posted upon the Bulletin
Board of the Agency, and the revenue stamps for this announce
ment shall be demanded from the applicant.
Said copy of the summary shall remain affixed on the Bulle
tin Board for one month, of which note shall be made on the
docket. The publication of the summary has the effect of a summons
to any one who may believe he has a right to oppose the
application for the mining concession of which the summary
treats. Opposition is only admissible during four months from the
date of the summary, as posted on the Bulletin Board of the
Agency. When the four months above noted have passed without op
position being made, or if the opposition is not one of those
which interrupt the procedure of the applications for mining
concessions, or if the docket has been returned by the tribunals
with a final sentence, favorable to the applicant:
Within fifteen days next following any of the above, the
Mining Agents, under their strictest responsibility, must make
a copy of the docket, and send the same, with the copies of the
plan, in a registered letter, to the Ministry of Fomento.
If the applicant wishes to take charge of the delivery of
said documents, the Mining Agent may deliver them to him,
and shall notify the Ministry of Fomento. (R. L. min., Art.
34.) The Mining Agents cannot suspend the procedure of any
mining concession for any motive whatever, unless in cases of
opposition. (L. min., Art. 19).
Stamps. — Applications for mining concessions must have a
fifty-cent revenue stamp on each leaf.
The reports made of mining surveys, with the plans, do not
require revenue stamps, since stamps are not required on the
plans themselves. Neither should stamps be used on the copies
of the docket, because the original docket must contain the
stamps provided for by law, and also because said copies are
and should be regarded as official memoranda. (C. Fom. of
October 19, 1892.)

28 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
The copies to be given to the mining expert surveyors of
their respective appointments must have a ten-cent revenue
stamp. (C. Hda. of October 29, 1892, and C. Fom. of Novem
ber 12, 1892.)
Applications for a reduction in the number of claims must
have a revenue stamp of fifty cents on each leaf. (C. Fom. of
November 13, 1892.)
The prospecting permits made out unconditionally by private
parties on their own lands do not cause any stamp tax ; but if
they contain any conditions, of whatever nature, the permits
shall be considered as contracts, and must have a revenue stamp
of fifty cents per leaf.
But the notice that must be given to the local Mining Agent
before commencing prospecting work in public lands does not
require, in any case, the use of revenue stamps. (C. Hda. of
August 20, 1892, and C. Fom. of October 17, 1892.)
However, such copies of the prospecting permits as may be
published on the Bulletin Board of the Mining Agency must
have, on each leaf, a fifty-cent revenue stamp. (C. Hda. of
April 5, 1898.)
Any default in the presentation of documents, affixing reve
nue stamps, publications, payment of fees, attendance at con
ciliatory meetings (juntas), and, in general, in any of the pro
ceedings referred to above, which can be attributed to the
applicants, will cause them to be held to have desisted from
their application.
The docket formed by reason of any application for a
mining concession is forwarded, after having passed through
the preliminary stages, as above, to the Ministry of Fomento.
The docket is examined in the Ministry of Fomento, and, if
approved, the making out of the title-deed will be proceeded
with. The deed will be remitted to the Mining Agent for delivery
to the interested party, together with one copy of the plan,
sealed by the Ministry of Fomento.
The Ministry of Fomento will send to the Treasury Depart
ment a detailed notice of the concession as made.
If the docket is not in form for approval, the proper obser
vations thereon shall be made to the Mining Agent, so that the
deficiencies as noted may be corrected within the term to be

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 29
fixed by the Ministry of Fomento, and whenever said de
ficiencies are not to be attributed to the applicant or to the
Mining Agent.
^ In the first case the applicant shall be declared as having de
sisted through dilatoriness.
The applicant declared dilatory cannot repeat the same appli
cation. In the second case the responsibility of the Mining Agent
shall be made effective if he has caused the delay in the pro
cedure. (L. min., Art. 19, and R. L. min., Art. 37.)
Applicants are not under the necessity of appointing a rep
resentative (attorney in fact) in the Capital of the Republic to
attend to the proceedings about the docket or to receive the
title-deed.* The title-deed will be sent to the Agent for delivery to the
applicant, if he has not already designated, in the application
itself or in another special writing sent to the Ministry of Fo
mento, some 'person in the Capital of the Republic who may
receive the title-deed. (C. Fom., July 1, 1892, and a special
ruling of the Ministry of Fomento.)
When the title-deed has been made out in favor of the con
cessionary, he enters at once in possession of his claim or
claims without other formality. The title-deed produces all
the legal effects of a transfer. (L. min., Art, 18, and C. Fom.,
July 1, 1892.)
IX. Amplification, Reduction and Remeasurement of Con
cessions : Withdrawal of Applications.
Amplification. — The owners of any mining property may ask
for an increase of the number of their claims, and for this
purpose must subject themselves to the proceedings laid down
for applications for a concession.
The plan, which is to be drawn up by an expert in case of
an increase of claims, shall include only the new claims which
it is desired to acquire, showing the position of these with ref
erence to the first property; the landmarks shall be placed
upon the boundaries of the new concession. (R. L. min., Art.
42, and C. Fom., September 3, 1892.)
* As to this, see note, p. 24.

30

A SYNOPSIS OF THE MINING LAWS OF MEXICO.

The applicants for a mining concession may ask for an in
crease of the number of claims therein before the publication
of their application upon the Bulletin Board.
The Mining Agents shall note this application for increase
on the first application, on the duplicate thereof, in the Regis
try Book of the Agency, and shall also publish the summary
of the application with the proper correction.
If the increase is desired after the publication of the sum
mary, it will be necessary to withdraw the former application
so that a new application may be at once presented. (C. Fom.,
August 1, 1892.)
Reduction.— The reduction of the number of claims, applied
for or in actual possession, must be solicited in writing, with a
fifty-cent revenue stamp on the application.
If the reduction is applied for before the publication of the
summary, it will be sufficient to have the petition endorsed
upon the original application, upon the duplicate, and in the
Registry Book.
The summary should be published as corrected, and there
will be no necessity of making a new application.
If the reduction is asked for after the publication of the sum
mary, the original application must be desisted from and a new
application presented. (C. Fom., August 1, 1892.)
A reduction of the number of claims acquired under the
new law does not require a new title-deed to the property
The Mining Agent before whom the new application is pre
sented, accompanied with the corresponding title-deed shall
appoint an expert, who, at the expense of the applicant, and
within a convenient term which the Mining Agency shall allow
for the purpose, shall make a plan of the reduced property
lTtiort l0°ate th6 neCeS8ary monuments according to Regu-
A reduction of the number of claims can only be applied for
during the four months time allowed as above, and counted
from the date of the posting of the summary on the Bulletin
Board (page 27), or after the issuing of the title-deed. (G Fom
January 17, 1901.) *¦ •*om->
The Mining Agent shall also make a note of the reduction
as asked for and as practiced, on the register of applications foi
concession and on the title-deed of the property, which shall

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 31
be delivered to the interested party, together with a certified
copy of the proceedings.
The docket shall be terminated with the notice of the reduc
tion, which should be immediately given to the local office of
the Revenue Stamp Tax.
In the case of a reduction of the number of claims acquired
before the mining law of June 4, 1892, the procedure will be
the same ; but ih this case the Mining Agent must conform to
the provisions of the circular sent out by the Ministry of Fo
mento on August 30, 1892.
The Mining Agent must make due mention of all cases of
reduction of the number of claims in the monthly report which
he has to forward to the Ministry of Fomento. (C. Fom., Sep
tember 3, 1892.)
If the reduction of the number of claims should be made
before the expiration of the term of four months, which the
law allows for the completion of the docket relative to any con
cession, it will not be necessary that the interested party should
desist from his original application.
In such cases the following procedure shall be observed :
First. — If the application for a reduction should be pre
sented before the surveyor expert has made the survey, the
Mining Agent shall give notice to the surveyor, so that the sur
vey shall be made in accordance with the desires of the party
in interest.
Second. — H the expert shall have already presented his re
port, the Mining Agent shall make a new appointment, so that
the reduction may be made at the expense of the applicant,
and within a term which shall not exceed the time remain
ing for the expiration of the four months allowed by law for
the surveys.
In either case the Mining Agent shall make a note of the re
duction in the docket, and shall bring it to public notice by
means of the official newspaper of the State, and by a notice
on the Bulletin Board of the Agency.
It is understood that the publication made in the newspaper
shall be at the expense of the interested party. (C. Fom., No
vember 20, 1893.)
The time for the publication of the notice shajl be fifteen
days.

32

A SYNOPSIS OF THE MINING LAWS OF MEXICO.

New applications for the concession of ground now left free
shall only be admitted and registered after the expiration of
said term.
The party interested in the reduction shall be obliged to pre
sent to the Mining Agent, before the termination of the pro
ceedings relative to his application, one copy of the official
newspaper in which the proper publication has been made.
If the reduction shall be applied for, and if" any requisite of
the law or regulations has been uncomplied with in "the ante
rior procedure, the Mining Agents shall note the circumstance
in the docket relative thereto. The reduction shall not be pro
ceeded with ; and, when the proper term has expired, the docket
shall be forwarded to the Ministry of Fomento for the corres
ponding decision relative thereto. (C. Fom., March 1, 1897.)
Remeasurement.— Whenever a remeasuremeiit is applied for,
it shall be subject to the same procedure and requisites as are
determined for mining concessions. (R. L. min., Art. 42.)
For the purpose of explaining the anterior provision of the
law, the Ministry of Fomento, by circular of September 3,
1892, prescribed the following: In cases of rectifications, when
it is only sought to repeat the measurement of the claims on
the ground, in order to place them exactly in agreement with
the title-deed, the procedure will be the same as for a new con
cession, and the monuments, or landmarks, should be placed
according to Regulations; but as the making out of anew title-
deed is not required, the docket must terminate with the de
livery, which the Mining Agent will make to the interested
party, of a certified copy of the operations as practiced.
But if the purpose of the rectification is to correct any errors
that may exist in the title-deed, the law demands the drawing
up of a new title-deed, and hence the entire proceeding is the
same as for new concessions.
Withdrawalof Application.— An application for a mining con
cession may be withdrawn, after or before the publications by
appearing in person or in writing.
If the withdrawal is made before the publications, and bv
appearance, it will be sufficient for the appearance to be spread-
upon the docket, and the minute to be signed by the applicant '
for the docket to be placed in the archives.
If the withdrawal should be made in writing, the document

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 33
shall be added to the docket, which shall then be placed in the
archives. If the withdrawal should be made during the publication of
the advertisements, these shall be taken down from the Bulletin
Board of the Agency where they are being published, and the
same procedure shall be followed as in cases of withdrawal by
appearance or in writing, before publication.
In the case of a voluntary withdrawal, when all the legal
requisites have been complied with in the proceedings upon
the docket, the Mining Agents shall proceed to make a proper
publication thereof on the Bulletin Board for a period of fifteen
days, and until this period is concluded no applications for a
concession which may be presented, covering the same ground,
shall be received or registered.
H the application for a withdrawal shall have been presented
in any case in which the requirements of the Law and of the
regulations shall not have been fully complied with in the an
terior procedure, the Mining Agents shall note the non-com
pliance in the respective docket, the application for withdrawal
shall not be acted upon, and when the time laid down in the
regulations has expired the docket shall be remitted to the Sec
retary of Fomento for an appropriate disposition of the same.
(C. Fom., March 1, 1897, Sees. 3 and 4.)
It should be noted that any omission in the presentation of
applications, the supplying of stamps, publications or advertise
ments, payment of fees, attendance upon hearings, and, in gen
eral, the omission of any one of the proceedings prescribed for
the obtaining of a mining concession or for making opposition
thereto, whenever such an omission is imputable to the appli
cant or to the opposers, will be the cause, for the applicants, of
considering them as having desisted from their application for
a concession, and for the opposers of considering them as hav
ing desisted from their opposition and as being in conformity
with the claims brought forward by the applicants. (R. L.
min., Art. 36.)
X. Proceedings in Opposition : Mining Litigation : Penal
Jurisdiction.
The publication of the summary in each case of application
for a mining concession has the effect of a summons to all those

34 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
who may believe that they have a right to oppose the applica
tion in question. (R. L. min., Art. 22.)
Any opposition that is commenced against an application for
a mining concession must be presented within the four months
ensuing from the date of the summary, which is published in
every case on the Bulletin Board.
Apart from this, any opposition, to ' be admissible, must be
founded upon one of the following motives :
I. Nonconformity of the owner of the ground.
H. Invasion of contiguous claims or gores.
III. An anterior property in or application for the claims or
gores now applied for, or some part thereof. (R. L. min., Art.
26.) If the opposition should be founded upon some other motive,
different from the three just mentioned, the Mining Agent shall
confine himself to aggregating the document to the docket,
without suspending the course of the latter. (R. L. min., Art.
32.) When an opposition is presented by the owner of the ground,
alleging that the mineral deposit in question does not exist, and
if from the report of the surveyor expert it shall appear that
there are indications of the mineral on the surface of the ground,
or a prospect hole, or prospect work of any kind in the deposit
itself, the Mining Agent shall decline to hear the opposition,
and shall continue the proceedings on the administrative docket
until their termination, so that the Ministry of Fomento may
award to the applicant the property in question, which is under
stood to be only that of the subsoil ; and, in any case, the area
and price of that part of the surface to be occupied by the
miner are always subject to a judicial decision. (L. min., Art.
20, and R. L. min., Art. 30.)
In the case that theje are no indications of a mineral de
posit on the surface of the ground, nor any prospect hole, or
exploration of any kind, for the course to be followed, see
under Expropriation, Sect. XII. of this Synopsis. The court
will decide whether a mining concession is to be granted or
not, and the decision may be appealed from.
Except in the two anterior cases,, the Mining Agents shall
suspend the proceedings upon applications for concessions
whenever an opposition is presented thereto. (L. min., Art. 19.)

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 35
Whenever an opposition is presented, the Mining Agent shall
advise the applicant thereof by means of a notice, during three
consecutive days, on the Bulletin Board (of the Agency), giv
ing the name of the opposer and of the applicant, and the
ordinal number of the docket corresponding thereto. In this
docket shall be made a note of said notice being published
(R. L. min., Art. 27.)
Except in the case that the applicant may present himself in
the Agency to manifest that he withdraws his application, the
Mining Agent shall order the document of opposition to be
reserved until he shall receive the report and plan of the sur
veying expert. (R. L. min., Art. 28.)
On the same day in which the latter documents are received,
the Mining Agent shall summon the interested parties (appli
cants and opposers) to a meeting within the next fifteen days,
by means of a notice on the Bulletin Board during three con
secutive days, in which notice shall simply appear the number
of the docket, the names of the interested parties, and the day
and hour of the meeting.
At the meeting the Mining Agent shall endeavor, above
everything, to reconcile the dissentients and to avoid judicial
questions. A note of all these points shall be made on the
docket. (R. L. min., Art. 29.)
If the Mining Agent does not cause an agreement between
the interested parties, he shall suspend all proceedings and
deliver the docket to the applicant, so that under his responsi
bility, and within a prudent term to be fixed by the Mining
Agent, said applicant shall present the docket to the local
Judge of First Instance, to whom it may belong. (E. L. min.,
Art 31.) See below, in this Section.
When the opposition has been presented after the plan and
report of the surveying expert have been received, but before
the expiration of the four months' term fixed by law, the above
proceedings for an agreement shall be followed as far as appli
cable, this being the only case, except that in which the docket
is to be sent to the courts, in which the Mining Agencies may
postpone the proceedings up to thirty-five days beyond the four
months prescribed for the procedure in the docket, provided
that the opposition shall be presented less than twenty days
before the day on which the term of four months is to expire.
(R. L. min., Art. 33.)

36 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
When the aforesaid four months shall have expired without
any opposition appearing, or if the opposition is not one of
those that interrupt the procedure, or if the docket has been
returned from the Tribunals with a final sentence favorable to
the applicant, the Mining Agency, under the strictest respon
sibility and within the next fifteen days, shall make a copy of
the docket, and shall remit the same, together with the copies
of the plan, in a registered package, to the Ministry of Fo
mento, unless the applicant prefers to take charge of the for
warding of said documents, in which case the Mining Agency
shall so inform the Ministry of Fomento. (R. L. min., Art.
34). Mining Litigation. — Any lawsuits about mining matters shall
be carried on in the Federal District, or in the Federal Terri
tories, or in any State, by the judges and tribunals which may
there be competent, according to the provisions of the Code
of Commerce, observing the rules laid down in Book IV., Title
I., Chapter IX., of the said Code, with the condition that the
preferential working expense, indicated in Article 1030 of
said Code, Sec. II. , is the payment of the mining tax. (L.
min., Art. 27.)
Penal Jurisdiction. — The crimes and misdemeanors committed
officially by the Mining Agents shall be tried before the Dis
trict Judges (Federal Judges) acccording to the proper laws.
Common crimes and misdemeanors committed in the mines
shall be subject to the jurisdiction of the local judges, without
prejudice to the power of the Federal authorities to impose
a ministerial punishment. (L. min., Art. 31.)
XL Metallurgical Works.
The term hacienda de beneficio is applied most usually to mills
where gold- and silver-ores are treated by amalgamation.
The establishment and working of amalgamation-mills, as
well as that of all classes of metallurgical-works, is governed
by the provisions of the ordinary laws ; that is to say, by the
same laws as apply to the establishment of any other kind of
industrial or manufacturing business, and as relates to taxes
thereon by the Law of June 6, 1887, Arts. 7 and 8.
Said law provides that amalgamating-mills and metallurgical-
works, when in operation, shall pay to the State where located

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 37
or to the General Government, if in the Federal District or
in the Territories, as the only tax, which cannot be increased,
up to six dollars per thousand upon the value of the buildings,
with their machinery, and that every other tax, except the
Stamp. Tax, is strictly prohibited.
The products of metallurgical smelters, in the form of ar
gentiferous lead, are exempt from exportation duties up to a
content of 7 thousandths of silver, whenever it shall have been
so specified in special contracts.
The excess of silver over the above content shall be subject
to the payment of duties. (C. Hda. of February 25, 1892.)
Metallurgical establishments, working under prior contracts
with the Government, in force on March 27, 1897, are excepted
from the payment of the Coinage Tax upon the silver they
may export directly, as long as the silver content of the
argentiferous lead does not exceed 7 thousandths and the
silver content of the argentiferous copper is not over 20 thou
sandths. If these limits are exceeded, the said establishments must
pay the Coinage Tax, upon the excess.
This exemption only applies to the products originating in
the establishments that have a franchise, but not to the products
which these may acquire from other establishments. (L. met.
prec, Art. 9.)
Metallurgical companies may obtain a special concession
from the Secretary of the Treasury to effect, in their own es
tablishments, the presentation of the products intended for
export, so that the local Federal officers may thereupon perform
the assays and form the account of the taxes and duties to be
paid. The establishments exempted, under contract, from the pay
ment of Coinage Tax upon argentiferous lead and copper of a
less amount than 7 and 20 thousandths of silver, respectively,
must, when they employ the products of other metallurgical
establishments, pay the 2 per cent. Coinage Tax upon the total
value of the silver contained therein before such products are
employed for subsequent operations.
The origin of their products must be proven by metallurgi
cal establishments at the Custom House or in the Government
assay offices, in the manner laid down by law. (R. L. met.
prec, Art. 2.)

38 A synopsis' of THE MINING LAWS OF MEXICO.
Concessionaries under the law for the exploration and work
ing of gold-mines and placers, published June 6, 1894, should
have installed, within the minimum term of two years from the
date of their contract, a metallurgical establishment with suf
ficient capacity to treat 400 tons of ore weekly, or, in place
of said establishment, some other works equivalent in value
to said establishments, at the discretion of the Secretary of
Fomento. Note.— "Water- rights for mining or metallurgical purposes, if upon navigable
or flotable streams, would have to be acquired from the Federal authorities,
under the provisions of a special law to that effect.
Upon other streams the water-rights would have to be acquired by concession
from the Government of the State where located.
XII. Expropriations for Mining Purposes.
The marking out and measurement of the mining concession
does not imply any right to the occupation of the surface prop
erty. The owner of the mining concession should understand
that he must arrange with the owner of the land, whenever he
may find it convenient to do so, for the acquirement of such a
part of the surface as he may need to occupy for the dependen
cies of his mining business, or of the totality of the surface
marked out for his mining claims, in the case of placers or of
superficial deposits.
This arrangement may be amicable, through a contract with
the owner, or by expropriation, through initiation of the proper
legal proceeding. (R. L. min., Art. 40.)
The workings required for the exploitation and utilization of
mines and placers are considered to be of public utility, where
fore, in case of disagreement, there may be a forcible expropri
ation of the ground necessary for such purpose. (L. min., Art.
10.) If, for any reason, the owners of a mining concession cannot
agree, either upon the area of the land which it may be neces
sary to occupy for the exploitation of mines and placers, or upon
the price thereof, with the owners of the surface ground, the
expropriation shall be decreed by the Judge of First Instance,
observing the following procedure :
I. Both parties shall appoint their own expert appraisers,
who shall present their estimates to the judges within the eight

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 39
days following, counted from the day on which they were ap
pointed. J F
If the estimates should be discordant, the judge shall appoint
a third expert as umpire, who must present his opinion within
an equal period.
The judge, taking into account the opinion of the experts
and the proofs which may have been rendered, by the parties
while the experts were forming their report, shall determine
within the following eight days the superficial extension that is
to be occupied and the amount of the indemnity.
The decision of the judge shall be carried out without further
recourse than that of responsibility (of the judge).
H. If the owner of the ground to be occupied should not
appoint his expert within the term of eight days after being
notified by the judge, the latter shall appoint judicially an
appraiser who will represent the interests of the land-owner.
IH. If the^possessor or owner of the property should be un
known or- doubtful, the judge shall determine, as the amount of
the indemnity, the sum which may be the result of the exami
nation by the appraiser appointed by the concessionary of the
mine and the appraiser appointed by the judge to represent the
legitimate owner. Said sum shall be placed on deposit, to be
delivered to whomsoever it may belong.
If, for any reason, the owners of a mining concession cannot
agree, either upqn the area of the land which it may be neces
sary to occupy for the exploitation of mines and placers, or
upon the price thereof, with the owners of the surface-ground,
the expropriation shall be decreed by the Judge of First In
stance, observing the following procedure :
I. Both parties shall appoint their own expert appraisers,
who shall present their estimates to the judges within the eight
days following, counted from the day on which they were ap
pointed. If the estimates should be discordant, the judge shall appoint
a third expert as umpire, who must present his opinion within
an equal period.
The judge, taking into account the opinion of the experts
and the proofs which may have been rendered by the parties
while the experts were forming their report, shall determine
within the following eight days the superficial extension that
is to be occupied and the amount of the indemnity.

40 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
The decision of the judge shall be carried out without fur
ther recourse than that of responsibility (of the judge).
H. If the owner of the, ground to be occupied should not
appoint his expert within the term of eight days after being
notified by the judge, the latter shall appoint judicially an ap
praiser who will represent the interests of the land-owner.
ni. If the possessor or owner of the property should be
unknown or doubtful, the judge shall determine, as the amount
of the indemnity, the sum which may be the result of the ex
amination by the appraiser appointed by the concessionary of
the mine and the appraiser appointed by the judge to represent
the legitimate owner. Said sum shall be placed on deposit, to
be delivered to whomsoever it may belong.
Note. — The mining laws make no provision for the expropriation of water or
of wood.
The right of way to mines and to open roads would have to be obtained under
the ordinary provisions of the Civil Code in force where the mines might be
located. •
XIII. Easements and Tunnel-Rights.
Mining properties and common properties — i.e., real estate
not used for mining purposes which adjoins mining properties
— shall possess and enjoy (or suffer, as the case may be) the
legal servitudes of right of way, right of aqueduct, right of
drainage, and right of ventilation.
For the imposition of said servitudes, and for the assessment
of damages corresponding thereto, the judges shall subject
themselves to the laws of each State, and to those of the Fed
eral District, and of the Territories, when said laws are not
modified by the following rules (L. min., Art. 12) :
1. The legal servitude of drainage consists of the obligation
which the owner of one claim incurs to indemnify the proprie
tor of another claim for loss and damages which may be occa
sioned by not maintaining the said drainage of the subter
ranean workings, or by not maintaining the said drainage as
much as may be necessary, whereby the water flows from the
first to the second claim.
Also, in the obligation which all claim-owners have to permit,
through their claims, the passage of tunnels or counter-mines
whose exclusive object is the drainage of one or more work
ings.

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 41
II. Drainage-tunnels, when not made by mutual agreement
may only be undertaken by the owner or owners of certain
claims, for which the said tunnel is an absolute necessity.
m. For the case provided for in the. foregoing rule, all the
owners of claims that are improved by the drainage secured
by means of the tunnel are bound to pay an indemnity in pro
portion to the benefits received, taking into account the nature
of each mine, and according to the state thereof.
IV. The opening of mining-tunnels shall not be commenced
without previous license, conceded by the Ministry of Fomento,
after hearing the opinion of the local Mining Agent, and after
examination and approbation of the plans upon which are de
tailed the course and cross-section of the proposed tunnel. See
Rule XXII.
V. Any pay-ore which may be found while opening the
mining-tunnels, if it is found within claims that have been
legally conceded, is the property of the owner of such claims';
and if it is found within free ground, it shall be divided between
the owners of all the claims improved by the mining-tunnel,
according to the proportions laid down in the foregoing Rule
IH. VI. If, where a mining-tunnel has been undertaken, one or
more veins in free ground are discovered thereby, and if appli
cation is made for the concession of the respective claims or
gores, the rules as to applications for concessions shall be
applied. The tunnel-owners shall be considered as explorers, in this
instance ; so that, during three months subsequent to the notifi
cation, only from them can be admitted applications for the
concession of the claims in question.
VII. Whenever the Ministry of Fomento has authorized the
license referred to in the foregoing Rule IV., only by express
contract can any other persons, apart from those that are men
tioned in the license as benefited by the mining-tunnel, be con
sidered as undertakers of the tunnel.
VIIL The owners of claims traversed by the drainage-tunnel
may place an interventor of their confidence within their re
spective claims while the tunnel is being opened, The func
tions of the interventor are limited to watching the work, and
to reporting to the Mining Agent or to the corresponding judge,
in the proper case, such abuses as he may observe.

42 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
IX. At those points of drainage-tunnels where they commu
nicate, for any reason, with mine-workings, gratings shall be
fixed as soon as the communication is opened, to prevent transit
or passage.
X. Only in case of unanimous consent, expressed in. a public
deed made by all the interested parties in a general drainage-
tunnel, according to the foregoing Rule III., may said tunnel
be destined to other uses than to those of drainage.
In this case there shall be stipulated in the contract, under
penalty of nullity, all the particulars referring to passage or
transit, such as are indicated in the foregoing Rule IX.
XI. Mines which may be newly opened, at a point where
they may be benefited by a general drainage-tunnel already in
existence, shall be subject to the foregoing Rules III.. VII.,
VIH., IX. and X.
XII. The legal servitude of ventilation consists of the obli
gation, which every owner of mining-claims assumes, to permit
that the proprietors of contiguous claims may open communi
cation with his interior workings, whenever such communica
tion will produce, as a necessary result, a ventilation which
could not be obtained in any other manner, except at great
expense. XIII. Unless there is an express contract to the contrary,
drawn up in the form of a public deed, between the owner of
the dominating property and the owners of the serving prop
erty, gratings to prevent passage or transit shall always be
placed upon the boundary-line of the respective properties.
XIV. Whenever a communicating working, not among those
mentioned in the foregoing Rule XII., shall, in fact, ventilate
two or more workings, this service of ventilation shall not con
fer on the mine-owner who opened the communication any
right to demand compensation from the owners of the other
workings so ventilated, nor shall the said owners, in their turn
acquire any legal servitude as an incumbrance upon the mining
property which causes the ventilation.
XV. If pay-ore should be met with during the progress of a
working opened for the purposes indicated in the foregoing
Rule XII., the provisions of Rules V., VI. and VIH. shall be
observed wherever applicable.
XVI. Also, whatever is applicable of Rule IV. shall be ob
served.

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 43
XVH. All the expenses that may be incurred by the work
ings which are to be opened to secure ventilation, and those
of the posterior ventilation of the same, shall be at the exclu
sive charge of whomsoever solicited the constitution of a servi
tude. XVIII. In the future, for the imposition of a legal servitude,
as an easement of any mining property, or as an encumbrance
to another, there shall be required, either the consent of the
owner of the serving property, expressed in a public deed, or
by a declaration signed and ratified before a judicial authority,
or before the Ministry of Fomento; an administrative de
cision, consented to by the interested parties, or a judicial
decision. XIX. The owner of claims in whose favor it is supposed that
a legal servitude is to be established, but who does not succeed
in securing the consent of the party whom it is presumed
should grant the servitude, must present himself before the
Ministry of Fomento.
The Ministry, with the formalities and within the term pre
scribed by the Regulations, shall decide whatever it may deem
proper, but always after a hearing of the dissident.
H" the latter party or the applicant should not be conform
able to the administrative resolution, the right shall be reserved
to appeal to the proper local tribunals, within the term fixed by
the Regulations.
The final decision shall be communicated by the tribunal
which pronounces it to the Ministry of Fomento.
(See Rules XXIII. and XXIV.)
XX. If the administrative decision should be favorable to
the applicant, and adverse to the opposer, said decision can
only be immediately put into effect after the filing of a proper
bond by the applicant to compensate losses and damages, in
case the opposer should obtain a final decision in his favor
before the courts.
XXI. The three preceding rules are applicable to all the
cases in which the provisions of any of the other rules shall or
might give rise to a judicial question. (L. min., Art. 12.)
XXII. For the imposition of the servitude of a mining
tunnel, as referred to in the foregoing Rule IV., there shall be
presented the application made to the local Mining Agent for

44 ; A SYNOPSIS OF THE MINING LAWS OF MEXICO.
a permit, which shall be accompanied by the horizontal pro
jection (plan) and section of the tunnel, both to an appropriate
decimal scale, as well as the sections and other details which
are believed to be proper to illustrate the nature and circum
stances of the projected works.
The Mining Agent shall forward to the Ministry of Fomento,
together with the application and the corresponding plans, a
report upon the subject, which shall contain his own opinion,
founded on the data.
The said Ministry, in view of said documents, and of any
other data which it may think proper to ask for, shall decide
upon the proper course. (R. L. min., Art. 45.)
XXIII. The owner of any mining claims, in whose favor it
is supposed that an easement ought to be established, and who
does not obtain the consent of the person whom it is supposed
should bear the servitude, may present to the Ministry of Fo
mento, in accordance with the provisions of the foregoing Rule
XIX., the corresponding application, accompanied by all the
necessary data.
The Ministry, in view of the report of the local Mining
Agent, and previously hearing the dissident, or his representa
tive, shall determine whatever it may think proper within the
terms which it may fix, in attention to the circumstances of
each case. (R. L. min., Art. 46.)
XXIV. If the applicant for the easement referred to in the
same foregoing Rule XIX., or the party who should bear the
servitude, should not be conformable with the corresponding
decision of the Ministry of Fomento, he may go before the
proper judge, provided he shall do so within a term of not to
exceed two months from the date of said decision. (R. L. min.,
Art. 47.)
That part of the tunnels situated outside of boundary lines is
exempt from the mining tax, when the said tunnels are exclu
sively designed for ventilation, drainage, and for the extraction
of minerals which do not come from the tunnel itself. (L.
min., Art. 33.)
XIV. Mining Contracts and Companies.
A contract in virtue of which money or goods are furnished
to the owner of a mine for the working thereof was called avio

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 45
(for which the nearest English equivalent is hahilitaiion) in the
older mining laws of Mexico.
Such a contract is at present either a partnership or a mort
gage. (L. min., Art. 25.)
The mining law of June 4, 1892, provided expressly in the
Article 5, transitory, the following :
The contract of avio, and all contracts relative to mining
affairs which may be in existence when this law commences to
be in force, shall be construed by their own stipulations and on
omitted points according to the mining legislation in force at
the time when the contracts were made.
But it shall be indispensable for the validity of future acts
depending upon said contracts that said contracts should be
registered according to the provisions of Articles 24 and 25 of
this law within the term of one year from the time of the law
coming in force.
In consequence, if in any case a mining business is trans
ferred by any title to a third party, said third party shall be
bound by all obligations proceeding from the contracts referred
to, since these produce realty rights of action in law.
Stock companies or partnerships that may be formed for the
exploitation of mines shall be governed by the provisions of the
Code of Commerce, except in the part relative to momentary
associations, which are not admissible in mining business. (L.
min., Art. 24.)
Note. — The part of the Code of Commerce above referred to comprises Arti
cles 268 to 271, inclusive, which are not applicable to mining affairs.
Every mining company or partnership is obliged to register
itself at the county seat of the county or judicial district where
the mining claims that form the object of the business are situ
ated, as well as at the domicile or domiciles which the said
partnership or company may have in the Republic. (R. L.
min., Art. 54.)
XV. Foreigners and Foreign Companies.
Foreigners enjoy in the Mexican Republic the same civil
rights as the citizens thereof and the guarantees of the Federal
Political Constitution, Sec. 1, Title J.
Foreigners may therefore apply for prospecting permits

46 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
and mining concessions, and have the same awarded to them,
provided they are not located within the twenty-league limit.
It is to be noted that any foreigner who may acquire real
estate (including mines) in the Mexican Republic, and who
does not manifest, at the time of said acquisition, his intention
to preserve his nationality, is reputed to be a Mexican citizen.
(Federal Political Constitution, Art. 30, Sec. III.)
According to the law of February 1, 1856, still in force, no
foreigner can acquire, without, previous permission, real estate
in the frontier States or Territories, unless at twenty leagues
distance from the frontier line. •
Whenever a foreigner shall present an application for a con
cession to acquire any mining property located within the above-
named limit, he must send, at the same time, his application for
permission, through the local Governor, to the Ministry of Fo
mento, so that the said permission may be passed upon, in one
or the other sense, whenever the period may arrive for the
granting of the title to the mining concession as applied for.
(C. Fom. of September 5, 1892.)
As to the registry of foreign corporations that may desire to
establish themselves or to found branch houses in this Repub
lic, Bee Sect. XVI. of this Synopsis.
Foreigners who have applied for mining concessions within
the twenty-league zone above referred to must present the
authorization of the Government to hold mining propeirty
within the zone within the period of four months, which is
fixed according to law, for the completion of the docket rela
tive to the concession. (Page 27 of this Synopsis.)
Foreigners who may acquire mining property are subject,
in everything that relates thereto, to all the laws in existence
or that may be formed hereafter relative to the transfer, use and
preservation thereof, as well as to the payment of the respective
taxes. Said foreigners cannot at any time plead any rights as for
eigners with respect to the above matters. (Law of February 1,
1856, Art. 5.)
Consequently, all questions with respect to mining prop
erty owned by foreigners in this Republic must be tried be
fore the Tribunals of this Republic and according to its laws
to the exclusion of any foreign intervention whatever. (Law
cited, Art. 6.) v

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 47
Any contract for the rental of mines made with a foreigner
for a longer term than ten years is to be reputed as a transfer
of the property. (Law of May 28, 1886, Art. 31.)
Foreign corporations in Mexico enjoy the same rights as are
conceded to them by the laws of their own country, provided
that these rights are not contrary to the laws of the nation.
Law of May 28, 1886, Art. 5.)
XVI. Registry of Mining Transactions.
The offices which have charge of the public register of prop
erty; in default of these, the mortgage offices; and in default
of both, the Judges of First Instance of the common (State)
law, shall keep an especial book for the registry of mining
transactions. (L. min., Art. 25 ; R. L. min., Art. 51 ; and
Code of Commerce, Art. 18.)
Registration is obligatory with respect to contracts of part
nership or of companies, and is optional with respect to title-
deeds of mining concessions or property.
. The Register Book is to be filled up according to the chrono
logical order of the presentation of documents, and the follow
ing items must be inserted therein, as nearly as may be :
I. The name, title or social designation of the concern.
II. The class of operations to which the concern is de
voted. HI. The date on which it will commence or has commenced
its transactions.
IV. Its domicile, specifying the branch houses it may have
established, although these branches must also be registered
where situated.
V. The contracts of association ofevery partnership or com
pany, whatever may be its object or denomination, as well as
the contracts of the modification, recision or dissolution of the
same. VI. The minutes of the first general meeting and the docu
ments annexed thereto, in the case of stock companies which
were organized by public subscription.
VH. General powers of attorney, appointments, and the rev
ocation of the same, if such were conferred upon managers,
agents, employees or other representatives.
VIII. The record of the increase or decrease of the money
capital of stock companies or partnerships.

48 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
IX. Title-deeds of mining property.
X. Issues of stock-loan certificates and bonds, giving the
series and numbers of the certificates of each issue, their inter
est and payment terms, the total quantity of the issue, and the
effects, works, franchises or mortgages (when there are such)
which are responsible for the amounts.
Stock or obligations emitted by private parties should also
be registered in the same way. (Code of Commerce, Art. 21.)
If the said title-deed and other papers are not registered,
they cannot affect unfavorably the rights of third parties,
but said third parties may profit thereby on any favorable
points. Notwithstanding the omission of the mining registry, any
documents referring to real estate and to real property rights
shall be valid against third parties whenever they may have
been registered according to the common law. (R. L. min.,
Arts. 52 and 53, and Code of Commerce, Art. 26.)
The mining registry shall be made at the seat of government
of the county or judicial district where the mine is located,
and, if a mining company is in question, also at the domicile
thereof. If, from the extension of the claims (pertenencias), or for
any other motive, there should be a doubt as to where the
registry is to be effected, the Ministry of Fomento shall de
cide, and must communicate its decision to the Treasury De
partment. (R. L. min., Art. 55.)
The inscription shall be made with the certified copy of
the respective deed in hand, or from the document itself, or
from the written declaration which the interested party may
present, whenever the deed to be registered may not be a
" public document." (Code of Commerce, Art. 25.)
Note. — A "public document" is one drawn up before a notary public, or
some official of equal authority, or by some public officer, administrative or
judicial. Documents proceeding from foreign countries, and subject
to registration, shall be previously protocolized in the Republic.
(Code of Commerce, Art. 25.)
Note. — When a document from abroad is to be protocolized in Mexico it
must be certified to by an Ambassador, Minister or Consul of Mexico. This cer-

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 49
tificate is certified to by the Foreign Office here. The document is then ready
to be protocolized — that is, spread upon the record of a Notary Public— if it is
in Spanish.
If not in Spanish, it must be presented, with a translation, to some Court of
First Instance in this Eepublic.
The Court appoints an interpreter to ascertain and certify the correctness of
the translation, and the order is then given for the document to be put on record
by the Notary Public. In any case the Notary retains the original document
among his records, and issues a certified copy thereof, in Spanish, for use, which
has the legal effect of the original document.
The Registers cannot in any case, or for any motive, refuse
the entry of the documents that may be presented to them.
(R. L. min., Art. 51, and Code of Commerce, Art. 31.)
Documents duly registered produce their legal effects from
the date of the entry, and cannot be invalidated by anterior or
posterior documents not registered. (R. L. min., Art. 51, and
Code of Commerce, Art. 29.)
Foreign companies or houses which may desire to establish
themselves or to establish branch houses in the Republic must
present and have entered in the Register a certified copy of
their statutes, contracts and other documents referring to their
organization ; also, their inventory or last balance-sheet, if they
had one ; also, a certificate of being constituted and authorized
according to the laws of their respective country.
This certificate must be made out by the Minister accredited
by this Republic to that country, or, in default thereof, by the
Mexican Consul. (R. L. min., Art. 51, and Code of Com
merce, Art. 24.)
Any change of ownership of a mining property must be
notified to the Mining Agent or other officer in charge of the
Register, so that the proper note can be made thereon. (L.
imp., Art. 7.)
The Mining Agents of the Ministry of Fomento shall also
keep a registry-book, paged and countersigned by the Min
istry of Fomento, in which must be registered all applications
for the concession of mining claims or gores that may be pre
sented. This registration shall be made immediately, in the presence
of the applicant, entering the day and hour of presentation, as
well as the number of the respective docket.
Blank spaces are not to be left in the book between the sev-

50 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
eral entries, and these must, in every case, be exactly subject
to the order of their dates and of the hours in which they were
presented. (R. L. min., Arts. 15 and 17.)
If two or more applications for a concession of mining claims
or gores, covering the same site, should be presented simul
taneously, lots shall be drawn, in the presence of the interested
parties, to decide which of the applications is to be admitted
and registered. (R. L. min., Art. 18.)
In the same registry-book the Mining Agents shall enter
such reductions of the number of mining claims as are applied
for and conceded. (C. Fom., September 3, 1892.)
XVII. Taxes on Mines.
¦ Caducidad (Loss of Mining Property). — The default of pay
ment of the tax constitutes the only cause of the loss of mining
properties, which in this case become free of all liabilities and
may be adjudicated to the first applicant who shall fulfill the
legal requisites. (L. min., Art. 29.)
The tax upon mining properties is a Federal tax, and is
composed of two portions — one portion to be paid but once in
revenue stamps, which are to be affixed to every title-deed to
mining property, and the other to be paid annually. (L. min.,
Art. 28, and L. imp., Art. 1.)
The Tax Upon Mining Title-Deeds.
The revenue-stamps for the title-deeds to ' mines of gold,
silver and platinum shall be of the value of ten dollars, and
shall be placed upon the said title-deeds at the rate of one
revenue stamp for each claim (pertenencia) of ten thousand
square meters, or fraction of a claim which is equal to, or more
than, the half thereof. (L. imp., Arts. 1 and 3, and L. de 3d
of June, 1898, Art. 1.)
When the fraction shall be less than half a claim (whether
this fraction is the whole property or whether it constitutes an
excess over several claims), a revenue stamp for five dollars
should be placed upon the first leaf and another revenue stamp
of fifty cents upon the second leaf of the title-deed.
The title-deeds to mines which are not of gold, silver or
platinum, and which require a legalized concession for their
working, need only carry revenue-stamps to the value of two
dollars and fifty cents for each claim.

A SYNOPSIS OF THE MINING LAWS* OF MEXICO. 51
But these same mines shall cause the same stamp-tax (and
other taxes) as those of gold, silver and platinum when the
minerals found in said mine contain gold, silver or platinum in
any proportion. (Law of June 5, 1898, Arts. 1 and 2.)
According to the law of October 31, 1892, the value of the
revenue stamps which should be affixed to the title-deeds of
mines or deposits of iron and mercury should be one dollar per
claim (pertenencia) ; but the article referred to was repealed by
the decree of June 3, 1898, according to which the revenue
stamps on the title-deeds to such mines are to be of the value
above stated.
The revenue-stamps to be placed upon the title-deeds to
mining property shall be canceled by the Ministry of Fomento,
which Ministry will call upon the interested parties for the
revenue stamps, either directly or through the local Agency,
as soon as the docket has been approved and the title-deeds
authorized to be made out. (L. imp., Art. 3, and C. Fom.,
Sept. 1, 1897.)
By the Mining Tax law of June 6, 1892, every mine-owner
or possessor, at that time and by any title, was obliged to pre
sent his- documents in the local Sub-Treasury office within a
fixed time, to have the proper revenue stamps affixed to his
title, and also that a note might be made in the Register of
the number of pertenencias in the property for the payment of
the annual contribution. The time for the above finally ex
pired October 31, 1892. Annual Mining Taxes.
Every owner or possessor of mines not of gold, silver or pla
tinum, and for whose working a legal concession is required,
is obliged to pay annually the sum of two dollars and fifty
cents for each pertenencia. (L. of June 3, 1898, Arts. 1 and 4.)
For mines of gold, silver or platinum the owners shall pay
ten dollars per year for each pertenencia (claim of 10,000 square
meters). (L. imp., Art. 4.)
The mines at first referred to shall pay an annual tax equal
to that of the mines of gold, silver and platinum when the
ores encountered therein contain gold, silver or platinum in
any proportion. (L. of June 3, 1898, Art. 2.)
Iron-mines or deposits, in whose favor an exception was

52 A SYNOPSIS OF THE MINING LAWS OF MEXICO.
established with respect to the annual impost of the law of
October 31, 1892, have now become subject to the general law,
according to Article 4 of the law or decree of June 3, 1898.
Fractional parts of a pertenencia, less than one-half of a claim
(less than 5000 square meters) are exempt from the annual tax.
(C. Fom. of February 16, 1898.)
Fractional parts of a pertenencia equal to or more than one-
half a pertenencia (equal to or more than 5000 square meters)
pay the same annual tax as an entire pertenencia. (L. imp.,
Art. 1.)
The annual tax is collected by thirds of a year, in advance,
through the offices of the Revenue Stamp Tax, to which the
taxpayers must peremptorily present themselves without the
necessity of a notice or of any other requisite on which might
be founded a delay or excuse. (L. imp., Art. 5, and R. L. imp.,
Art. 17.)
The offices just referred to are the. principal or subordinate
Administrations of the Stamp Tax, but the Secretary of the
Treasury may assign other offices to receive the tax in such
cases as he may consider it just or convenient to do so, by giv
ing notice to the General Administration of the Stamp Tax, so
that that office may communicate the fact to the Principal Ad
ministration of the Stamp Tax, within whose jurisdiction the
mine may be comprehended. (R. L. imp., Art. 30.)
Permission is frequently obtained to pay mining taxes in
Mexico City when it is not convenient to do so in the district
in which the mine is located.
Every third-of-a-year's tax must be paid before the 31st of
July, 30th of November and 31st of March of each year.
For said purpose the proper Administration, Principal or
Subordinate, of the Stamp-Tax shall deliver to each interested
party a schedule (boleto), which contains :
I. The name, "Impuesto Minero " (Mining Tax), at its head.
H. The name of the State and Municipality to which belongs
the office that distributes the schedule.
IH. The name of the mine, number of pertenencias on which
the tax is to be paid, municipality in which the mine is located,
name of the owner, company or enterprise which is in posses
sion thereof, and the ordinal number of the register of the
title-deed.

A SYNOPSIS OF THE MINING LAWS OF MEXICO. 53
IV. The amount of tax to be paid each third of a year.
V. Three blank columns destined to receive the revenue
stamps corresponding to the thirds of a year, duly stamped.
The interested parties must be careful to fix the schedule
referred to in a visible portion of the office of the concern.
(R. L. imp., Art. 23.)
Duplicate schedules may be given out for the mining tax in
case of loss of those which were given to the taxpayer at the
time of the first payment. (Circ. Adm. Gen. Renta Timbre,
November 30, 1897.)
Any mine owner may pay his annual tax in advance, if it
suits his convenience so to do. (C. Hda., November 10, 1892,
Sec. 7.)
All kinds of metallurgical-works, including amalgamation
mills and smelters, are taxed as under Sect. XI. of this Sy
nopsis. Note by the Secretary. — Comments or criticisms upon all
papers, whether private corrections of typographical or other
errors or communications for publication as " Discussions," or
independent papers on the same or a related subject, are earn
estly invited.

YALE UNIVERSITY L

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