WEST OF THE ROCKY MOUNTAINS. 257
shall be required to work said claim shall commence from the day of sale, ex-
cept when the time is suspended as before provided. Every clerk of the probate
court, as soon as he records the said claim, shall send a copy of his record to
the treasurer of the Territory, and no fees shall be charged by any recording
officer in any matter relating to said claim. And the territorial treasurer may
at any time after six months from the day he receives such record as aforesaid,
and at such time and place as in his opinion will be most for the interest of the
Territory, cause such claim to be sold at auction to the highest bidder, but every
such sale shall be at least twice advertised in the territorial newspaper, and be
held at his office, or the office of the clerk of the probate court, or recorder of the
mining district of the county where the claim is situated. And the treasurer is
authorized to make a deed of the same to the purchaser in the name of the Ter-
ritory ; and the amount received by him shall be added by him to any fund now
or hereafter provided for the protection of the people of the Territory of Arizona
against hostile Indians, and be expended as provided by law. And after all
expenses as are incurred by the territorial authorities for the purpose of de-
stroying or bringing into subjection all hostile Indian tribes in this Territory
are liquidated, then all remaining or accruing funds, out of all or any sales of
territorial mining claims, shall be applied as a sinking fund for school purposes.
SEC. 52. The extraction of gold from alluvial and diluvial deposits, generally
termed placer mining, shall not be considered mining proper, and shall not en-
title persons occupied in it to the provisions of this chapter, nor shall any pre-
vious section of this chapter be so construed as to refer to the extraction of gold
from the above mentioned deposits.
SEC. 53. This chapter shall be in force and take effect from and after the 1st
day of January, A. I). 1865.
23. THE MINING LAWS OF MEXICO.
The following are extracts from the royal ordinance of the King of Spain,
published in 1783, and ever smce in force in Mexico. The translation is by
Rockwell.* Only those portions of the ordinance are copied relating to the
location, size, and tenure of claims. The sections not quoted are devoted
mainly to a statement of the manner in which the miners are to enforce their
legal rights :
CHAPTER IV.
SECTION 1. As it is most just and proper to reward with particularity and
distinction those persons who devote themselves to the discovery of new mineral
places and metallic veins found therein in proportion to the importance and
utility of such discovery, I order and command that the discoverers of one or
more mineral mountains, wherein no mine or shaft has been open before, acquire
in the principal vein as much as three portions, together or separate, where it
best pleases them, according to the measures hereafter signified ; and that, on
having discovered more veins, they shall acquire a portion in each vein, fixing
on and marking the said portions within the term of ten days.
SEC. 2. The discoverer of a new vein in a mountain known and worked iu
other parts may hold in it two portions, together or separated by other mines,
on condition that he specifies them within ten days, as mentioned in the pre-
ceding section.
SEC. 3. He who proposes for a new mine in a vein already known and
worked in part is not to be considered a discoverer.
* A compilation of Spanish and Mexican law in relation to mines and titles to real estate
in force in California, Texas, and New Mexico, and in the countries acquired under the
Louisiana and Florida treaties when annexed to the United States. By J. A. Rockwell.
New York, 1851.
H. Ex. Doc. 29 17
258 RESOURCES OF STATES AND TERRITORIES
SEC. 4. The person referred to in the preceding sections must present a
written statement to the deputation of miners in that district, or in case there
should not be one in that district, to the nearest thereunto, specifying in it his
name, those of his associates, (if he has any,) the place of his birth, his place
of habitation, profession, and employment, together with the most particular
and distinguishing features of the tract, mountain, or vein of which he claims
the discovery; all which circumstances, as well as the hour in which the dis-
coverer shall present himself, must be noted down in a register kept by the
deputation and clerk, (if they have one ;) and after this the said written state-
ment shall, for his due security, be restored to the discoverer, 1 and notices of its
object and contents shall be affixed to the doors of the church, the government
houses, and other public buildings of the town for the sake of general notoriety.
And I ordain that Within, the term of ninety days the discoverer shall cause
to be made in the vein or veins so registered a pit of a yard and a half in
diameter or breadth and ten yards (varas) in depth, and that immediately on
the existence of the vein being ascertained one of the deputies in person shall
visit it, accompanied by the clerk, (if there is one,) or if there be no clerk, by
two assisting witnesses and by the mining professor of that territory, in order
to inspect the course and direction of the vein, its size, its inclination on the
horizon, called its falling or declivity, its hardness or softness, the greater or
less firmness of its bed, and the principal marks and species of the mineral ;
taking exact account of all this in order to add the same to the entry in the
register, together with the act of possession, which must immediately be given
to the discoverer in my royal name, measuring him his portion, and making him
enclose it by poles at the limits as hereafter declared ; after which, an authentic
copy of the proceedings shall be delivered to him for the security of his title.
SEC. 5. If during the above-named ninety days any one should appear assert-
ing a right to the said discovery, a brief judicial hearing shall be granted, and
judgment given in favor of him who best proves his claim ; however, if this
should happen after the stated time, he (the new claimant) shall not be heard.
SEC. 6. The restorers of ancient mines which iiave been abandoned and left
to decay shall enjoy the same privileges as discoverers, of choosing and pos-
sessing three portions in the principal vein and one in each of the others, and
both revivers and discoverers shall,, as an especial reward, be on all occasions
preferred to other persons under parity of circumstances.
SEC. 7. If there arises any question as to who has been the first discoverer
of a vein, he shall be considered as such who first found metal therein, even
though others may have made an opening previously ; and in case of further
doubt, he who first gets it registered shall be considered as the discoverer.
SEC. 8. Whoever shall denounce in the terms hereafter expressed any mine
that has been deserted and abandoned shall have his denouncement received, if
he therein sets forth the circumstances already declared in section four of this
chapter, the actual existence of the mine in question, the name of its last pos-
sessor, if he is acquainted with the same, and those of the neighboring miners,
all of whom shall be lawfully summoned, and if within ten days they do not
appear, the denouncement shall be publicly declared on the three following Sun-
days ; this meeting with no opposition, it shall be signified to the denouncer
that within sixty days he must have cleared and reinstated some work of con-
siderable depth, or at least of ten yards perpendicular and within the bed of the
vein, in order that the mining professor may inspect its course and inclination
and all its peculiar circumstances as is declared in the above-named section four.
The said professor should, if it is possible, examine the pits and works of the
mine and see if they are decayed, destroyed, or inundated ; whether they contain
a draft pit or adit or are capable of such ; whether they have an outer court, a
whim, machines, rooms for habitation, and stables ; and an account and register
of all these circumstances must be entered in the corresponding book of de-
WEST OF THE ROCKY MOUNTAINS. 259
n~>uncements, which should be kept separately. And the said examination being
made, the portions being measured and bounded by stakes in the ground, as
shall hereafter be explained, possession of them shall be given to the denouncer,
without regard to any opposition, which cannot be attended to unless made
within the term before described; however, if during that time any opposition
is brought forward, the parties shall have a brief judicial hearing and the cause
be determined accordingly.
. SEC. 9. If the former mine owner should appear in order to oppose the
denouncement when the three public proclamations are over and when the de-
nouncer has commenced the sixty days allowed for reinstating the pit of ten
yards, he shall not be heard as to the ppssession, but only as to his right in the
property; .and if he succeeds in establishing this, he must make good the
expenses incurred by the denouncer, unless the latter is proved to have acted
fraudulently, in which case he must lose such expenses.
SEC. 10. If the denouncer does not make or complete the shaft as prescribed,
nor take possession within the sixty days, he loses his right, and any other person
has the power of denouncing the mine. If, however, from the ground being
entirely broken up or otherwise difficult and impracticable, or for any other real
and serious obstacle he has been unable to complete the same within the said
sixty days, he must have recourse to the respective territorial deputation, when,
his difficultif s being examined and proved, the period may be prolonged for as
long a time as the deputation may think necessary for the purpose, and no more;
no opposition to his claim being admitted after the ordinary term of sixty days.
SEC. 17. I prohibit any one (not being the discoverer) from denouncing two
contiguous mines upon one and the same vein ; but I permit any person to ac-
quire and possess one by denouncement, and another or more by purchase, gift,
inheritance, or other just title. And I further declare that if any one desires to
attempt the re-establishment of several inundated or decayed mines, or other
considerable enterprise of this kind, and for this purpose claims the grant of
several portions, although they be contiguous and upon the same vein, such
claim must be laid before the royal tribunal general of Mexico, in order that,
the circumstances and importance of the undertaking being ascertained, they
may acquaint the viceroy therewith, who, on finding therein nothing prejudicial
to the body of the miners, the public, or my royal treasury, shall grant him this
and other privileges, exemptions, and aids, on condition that my royal approba-
tion is previously obtained to all such favors, which cannot be granted by the
ordinary authority of the viceroy.
SEC. 18. Beds of ore and other depositories of gold and silver, on being dis-
covered, shall be registered and denounced in the same manner as mines or
veins, the same being understood of all species of metal.
CHAPTER VII.
SECTION 1. To all the subjects in my dominions, both in Spain and the In-
dies, of whatever rank and condition they may be, I grant the mines of every
species of metal under the conditions already stated, or that shall be expressed
hereafter, but I prohibit foreigners from acquiring or working mines as, their
own property, in these my dominions, unless they 'be naturalized or tolerated
therein by my express royal license. (See decree of President Comonfort.)
SEC. 2. I also prohibit regulars of religious orders, of both sexes, from de-
nouncing, or in any manner acquiring for themselves, their convents, or com-
munities, any mines whatever ; it being understood that the working of the
mines shall not devolve upon the secular ecclesiastics, as being contrary to
the laws, to the orders of the Mexican consul, and to the sanctity and exercise
of their profession ; and, therefore, in consequence of this prohibition, all such
secular ecclesiastics shall be expressly obliged to sell or place in the hands of
260 RESOURCES OF STATES AND TERRITORIES
lay subjects the mines or establishments for smelting ore, and reducing estab-
lishments which have devolved on them by inheritance or other cause, the same
being completed within the term of six months, or within such time as may be
considered necessary to insure a useful result, which is to be fixed by the vice-
roy, with a previous intimation to the royal tribunal general of the mines ;
provided, that if it is ascertained that by artifice or fraud the effects of this
article are attempted to be eluded, to the prejudice of fhe working of such mines
and establishments, in which the state is so much interested, they shall be de-
nounced and disposed of in the same manner as mines in general.
SEC. 3. Neither, shall mines be held by governors, inten dents, mayors, chief
judges, nor any other public officers whatever, of the mine towns and districts,
nor their clerks ; but I permit such persons to hold mi ties in any territory out
of their own jurisdiction.
SEC. 4. Neither shall administrators, stewards, overseers, keepers of tallies,
workers or watchers of mines, nor, in general, any person in the service of mine
owners, whether of superior or subordinate class, be permitted to register, denounce,
or in any other manner acquire mines within the space of a thousand yards round
those of their masters, but I allow them to denounce any mine for their said
masters, even though not authorized by them to do so, provided the aforesaid
masters make good the denouncement in the terms prescribed by section eight
of chapter six of these ordinances.
CHAPTER VIII.
SECTION 1. Experience having shown that the equality of the mine meas-
ures established on the surface cannot be maintained under ground, where in
fact the mines are chiefly valuable, it being certain that the greater or less in-
' clination of the vein upon the plane of the horizon must render the respective
properties in the mines greater or smaller, so that the true and effective impar-
tiality which it has been desired to show towards all subjects, of equal merit,
has not been preserved ; but, on the contrary, it has often happened that when
a miner, after much expense and labor, begins at last to reach an abundant and
rich ore, he is obliged to turn back, as having entered on the property of an-
other, which latter may have denounced the neighboring mine, and thus sta-
tioned himself with more art than industry. This being one of the greatest and
most frequent causes of litigation and dissension among the miners, and consid-
ering that the limits established in the mines of these kingdoms, and by which
those of New Spain have been hitherto regulated, are very confined in propor-
tion to the abundance, multitude, and richness of the metallic veins which it has
pleased the Creator of his great bounty to bestow on these regions, I order and
command that in the mines where new veins, or veins unconnected with each
other, shall be discovered, the following measures shall in future be observed.
SEC. 2. On the course and direction of the vein, whether gold, silver, or
other metal, I grant to every miner, without any distinction in favor of the
discoverer, whose reward has been specified, two hundred yards, (Spanish yards
or varas,) called measuring yards, taken on a level, as hitherto understood.
SEC. 3. To make it what they call a square, that is, making a right angle
with the preceding measure, supposing the descent or inclination. of the vein to
be sufficiently shown by the opening or shaft of ten yards, the portion shall be
measured by the following rule.
SEC. 4. Where the vein is perpendicular to the horizon, (a case which sel-
dom occurs,) a hundred level yards shall be measured on either side of the vein,
or divided on both sides, as the miner may prefer.
SEC. 5. But where the vein is in an inclined direction, which is the most
usual case, its greater or less degree of inclination shall be attended to in the
following manner.
SEC, 6. If to one yard perpendicular the inclination be from three fingers to
WEST OF THE ROCKY MOUNTAINS. 261
two palms, the same hundred yards shall be allowed for the square, (as in the
case of the vein being perpendicular.)
SEC. 7. If to the said perpendicular yard there be an inclination of
Two palms and three fingers, the square shall be of 112J yards.
Two palms and six fingers, the square shall be of 125 yards.
Two palms and nine fingers, the square shall be of 137| yards.
Three palms, the squaie shall be of 150 yards.
Three palms and three fingers, the square shall be of 162| yards.
Three palms and six fingers, the square shall be of 175 yards.
Three palms and nine fingers, the square shall be of 187J yards.
Four palms, the square shall be of 200 yards.
So that if to one perpendicular yard there correspond an inclination of four
palms, which are equal to a yard, the miner shall be allowe^ 1 two hundred yards
on the square on the declivity of the vein, and so on with the rest.
SEC. 8. And supposing that in the prescribed manner any miner should reach
the perpendicular depth of two hundred yards, without exceeding the limits of
his portion, by which he may commonly have much exhausted the vein, and
that those veins which have greater inclination than yard for yard, that is to
say, of forty-five degrees, are either barren or of little extent, it is my sovereign
will that although the declivity may be greater than the above-mentioned mea-
sures, no one shall exceed the square of two hundred level yards ; so that the
same shall be always the breadth of the said veins extended over the length of
the other two hundreds, as declared above.
SEC. 9. However, if any mine owner, suspecting a vein to run in a contrary
direction to his own, (which rarely happens,) should choose to have some part
of his square in a direction opposite to that of his principal vein, it may be
granted to him, provided there shall be no injury or prejudice to a third person
thereby.
SEC. 10. With regard to the banks, beds, or any other accidental depositories
of gold or silver, I ordain that the portions and measures shall be regulated by
the respective territorial deputations of miners, attention being paid to the extent
and richness of the place and to the number of applicants for the same, with
distinction and preference only to the discoverers ; but the said deputations must
render an exact account thereof to the royal tribunal general of Mexico, who
will resolve on the measures which they in their judgment may consider the
most efficacious, in order to avoid all unfair dealing in tjjese matters.
SEC. ll.'Tlie portions being regulated in the manner described above, the
denouncer shall have his share measured at the time of taking possession of the
mine, and he shall erect around his boundaries stakes or landmarks, such as
shall be secure and easy to be distinguished, and enter into an obligation to
keep and observe them forever without being able to change them ; though he
may allege that his vein varied in course or direction, (which is an unlikely cir-
cumstance ;) but he must content himself with the lot which Providence has
decreed him, and enjoy it without disturbing his neighbors ; if, however, he
should have no neighbors, or if he can, without injury to his neighbors, make
an improvement, by altering the stakes and boundaries, it may be permitted him
in such case, with previous intervention, cognizance, and authority of the depu-
tation of the district, who shall cite and hear the parties, and determine whether
the causes for such encroachment are legitimate.
CHAPTER IX.
SEC. 6. If any mine owner, in consequence of the great richness of the me-
tallic substance in his vein, is desirous of substituting for the pillars, beams, or
sufficient and necessary supports, made of the metallic substance itself, others -
262 RESOURCES OF STATES AND TERRITORIES
constructed of mason work of stone and mortar, lie may be permitted to do so,
under the inspection of one of the deputies of the district, assisted by his clerk,
and with the approbation of the mining professor.
SEC. 7. I strictly prohibit any one from taking away or in any degree weak-
ening and diminishing the pillars, beams, and necessary supports of the mines,
under pain of ten years' imprisonment, to be inflicted according to the form pre-
scribed by chapter three of these ordinances, by the* respective judge in each
case, upon any workman, searcher, or investigator who shall have committed
such offence, and the same upon the miner or mine watcher who has permitted
it ; and the master of the mine shall lose the same, together with half of his
property, and be forever excluded from all mining employments.
SEC. 8. I ordain and command that the mines shall be kept clean and unob-
structed, and that the works necessary or useful for the circulation of air, the
carriage and extraction of the metal or other purposes, although tljey may con-
tain no more metallic matter than such as may remain in the pillars and parti-
tions, shall not be encumbered with rubbish and clods of earth, but that all these
must be carried out and thrown by each person on the earth-mound of his own
property, but on no account upon that of another person without his express
leave and consent.
SEC. 9. In the mines there must be proper and safe steps or ladders, such and
as many as are considered necessary by the mining surveyor, for the purpose
of ascending and descending to the farthermost works, so that the lives of persons
employed in the mines may never be endangered by their being weak, insecure,
rotten, or much worn.
SEC. 10. In order to avoid the violation of the provisions of any of the sections
.contained in this chapter, it is my sovereign will that the deputies of the miners,
accompanied by the mining professor of the district, and by the clerk, if there
be one, or, in default of him, by two witnesses in aid, who shall once in every six
months, or once in every year, in places where the former is impracticable, visit
all the mines in their jurisdiction which are in a course of actual working; and
if they find any failure in the points referred to in the above-mentioned sections,
or in any others whatever, which regard the security, preservation, and better
working of the mines, shall provide immediately a remedy for such defect, and
take mtans to assure themselves that such remedy is carried into effect. And
if the remedy be not applied, or if the same failure shall occur again, the proper
penalties must be exacted, multiplying and aggravating them even to the extent
of dispossessing the person so offending of the mine, which shall thn belong to
the first person who may denounce it, provided the deputies proceed in the form
prescribed by chapter third of these ordinances.
SEC. 11. I most rigorously prohibit all persons from piercing through adits,
or cross levels, or other subterraneous passages, from works which are higher
and full of water, or from leaving between them and others such slight supports
as may allow the water to burst through ; on the contrary, persons owning such,
works must have them drained by engines before they shall attempt to commu-
nicate with new ones, unless the mining professor should judge that such piercing
through will not be attended with danger to the workmen engaged in it.
SEC. 12. Also I prohibit all persons from introducing workmen into any
works containing noxious vapors, until they have been properly ventilated, ac-
cording to the rules of art.
SEC. 13. Whereas the mines require incessant and continual working, in
order to procure the metals, certain operations being indispensable, which cannot
without much time be accomplished, and which, if interrupted, generally require
as great expenses in their re-establishment as they did in their original under-
taking ; wherefore, to remedy such inconvenience, arid also to prevent masters
^of mines, who either cannot or will not work them, from keeping them in a use-
ess state for a length of time, by pretending to work them, and thus depriving
WEST OF THE ROCKY MOUNTAINS. 263
them of the real and effective labor which others might bestow on them, I ordain
and command, that whosoever, during four successive months, shall fail to work