the field-work which the expert has to do shall be held accountable under the penalties established in Article 904 of the penal code of the federal district, or in the corresponding provisions of the laws of the states.

Art. 24. If the experts, in the execution of the work of which the preceding article speaks, encounter resistance, they should request the aid of the local authority.

Art. 25. The experts must heed such observations as the applicant may make to them, and those also which have been or may be made in opposition to the application for a concession, but they shall not express judgment upon the observations, except in the written information of which Article 21 treats, the presentation of which, within the period there fixed, is on the personal responsibility of said experts, to whom shall be charged all the damages and injuries which may originate in default of presentation of that document or of the plan.

Art. 26. During the four months fixed in Section iii, of Article 21, any opposition shall be admissible which may be presented for either of the following reasons: i. Dissent of the owner of the soil. ii. Invasion of appurtenances or extensions adjoining. iii. Ownership of or prior application for the appurtenances cr extensions solicited, or for a part of them.

Art. 27. The agent, after receiving protest against any application, will give notice of the same to the applicant by publication, during three consecutive days, on the bulletin-board, of the names of the opponent and applicant, and of the serial number of the proceeding, in which due entry shall be made that such publication has been made.

Art. 28. Unless the applicant repair to the agency and declare that he withdraws the application, the agent will order the filing of the opponent's protest until the receipt of the report and plan of the expert.

Art. 29. On the day of receiving these documents the agent shall summon the interested parties to a meeting, within fifteen days following, by a notice posted for three consecutive days on the bulletin-board, which shall plainly express the number of the proceeding, the names of the interested parties and the day and hour of the meeting. At that meeting the agent shall try to reconcile the differences and avoid legal complications. Of all these particulars due entry shall be made in the proceeding.

Art. 30. If the opponent is the owner of the soil, and in the expert's information it should appear that there are indications of a mineral deposit in the surface, or any work of exploration in the said deposit, the agent shall continue the proceeding until its termination, in order that the Department of Public Works may issue to the applicant the respective title, providing that the said title, in conformity with Articles 7 and 11, Title I, of the law, either is understood solely with respect to the subsoil, or finally leaves subject to judicial decision the extent and the price of the surface which the miner is to Occupy. The agent, at the end of the respective proceedings which arise in these cases, shall advise the interested parties that they have perfect liberty to appeal to the tribunals in conformity with Article 20, Title III, of the law.

Art. 31. In any of the cases of opposition enumerated in Article 26, the agent, if he should not obtain the reconciliation provided for by Article 29, shall suspend all proceedings and shall deliver the proceeding to the applicant, so that, upon his own responsibility and within the time which the agency fixes, he may present it to the corresponding local judge of the first instance.

Art. 32. If any opposition be presented founded upon a cause different from those enumerated in Article 26, the agency shall be limited to include the matter in the proceeding without suspending the continuation of the

same.

Art. 33. If the opposition should be presented after the receipt of the plan and the information of the expert, but before the expiration of the four months fixed in Section ii of Article 21, the proceedings provided for in Articles 29 and 32 shall be continued in the conduct of the case, this being the only case (besides that of remission to the tribunals) in which the agencies can delay the termination of the proceedings for thirty-five days beyond the four months, providing the opposition be presented less than twenty days before that on which the said four months would expire.

Art. 34. The four months of which Article 26 speaks, having passed without opposition, or in the event referred to in Articles 30 and 32, or the proceeding having devolved upon the tribunals, with execution in favor of the applicant, the agencies under their strictest responsibility and within the fifteen days following shall take out a copy of the proceeding and remit it, with copies of the plan, under registered cover, to the Department of Public Works, unless the applicant wishes to be intrusted with the delivery of these documents, in which case the agency shall advise the department.

Art. 35. The applicant shall take care to furnish the agent the stamps which the title requires, in order that he may remit them to the Department of Public Works, in the registered letter in which he sends the copies of the proceeding and the plan, which shall be returned to the interested party, through the agent, in the event that the department, not approving the proceeding, does not grant

3

the title. If the applicant should prefer, he may designate a person to present to the Department of Public Works the stamps referred to.

Art. 36. Any omission in the presentation of petitions, the furnishment of stamps, publication, payment of fees, or attendance at meetings, and in general in all of the proceedings which this chapter designates, as they may be imputable to the applicants or to the opponents, shall signify for the former, that they have withdrawn their application for a concession; and for the latter that they have withdrawn their opposition, and acknowledged the application valid.

Art. 37. The proceedings having been examined in the Department of Public Works and approved by that department, said department shall proceed to issue the title and send it to the agent of public works, so that he may deliver it to the interested party, with a copy of the plan, stamped by the said department. The department shall give to the Treasury Department a detailed report of the concession granted. If the proceeding should not be approved, the corresponding observations thereon shall be given to the agent, to the end that the faults observed may be rectified within the time that the department may signify, provided these faults cannot be imputed to the applicant or the agent, for in that case the proceeding must be in conformity to the provisions of Article 19, Title III, of the law.

IV.

GENERAL DISPOSITIONS:

Article 38. The duties which the expert appointed in conformity with Article 19 has to perform shall be executed so that, by the necessary scientific proceedings, the horizontal length of the sides of the appurtenances and the angles which the same form with the true meridian may be obtained. For this purpose the expert shall determine the magnetic deviation of the compass, in case this instrument is used to measure the directions of the sides. The boundary lines and corners shall be marked by fixed monuments, and the necessary data obtained to make verifications of the work. The expert shall designate upon the ground where the respective land marks should be constructed in accordance with the prescriptions of Article 41.

Art. 39. For their preservation the plans of the appurtenances shall be drawn correctly, with neatness and upon strong paper. Copies may be taken therefrom on tracing cloth. The scales shall always be decimal and proportioned to the object of the plans, containing also the lengths of the sides in meters, their direction with relation to the true meridian, the dip of the compass used, with the date upon which it was determined, and the area of the surface in hectares.

Art. 40. The survey and measurement of appurtenances in land do not imply the right to its occupation, and only serve to mark out the limits of the mining concession; and the applicant should understand that he must treat with the owner of the land to acquire by purchase, within convenient time, that part of the surface which he needs for his mining operations; or the total area of the same surveyed for the appurtenances, in the case of placers or superficial deposits; or otherwise procure the same by appropriation, procuring the corresponding judgment of the tribunal, according to the prescriptions of Article 2, Title I, of the law.

Art. 41. The land marks must fill the following requirements: i. They must be permanent, for, being destined to designate points not to be changed, as long as the limits of the appurtenances or concessions which they mark are not modified, they shall be built solidly and shall always be preserved in good condition, making such repairs as shall be necessary. ii. They shall be located so that in every case each can be seen from each, and in form, color or some other character be distinguishable from those of adjacent erections.

Art. 42. The owners of mining concessions cannot go out of the boundaries of the same (according to the provisions of Article 8, Title I, of the law), except when there is free land and previous application for extension before the agent of public works, who shall conduct the proceedings on the same terms and with the same requisites as for mining concessions. The same proceedings shall be pursued in the furtherance of applications for rectification of appurtenances.

Art. 43. The mineral substances enumerated in Article 3. Title I, of the law cannot be worked without a concession, and, therefore, no labor will be permitted in mines and placers of said substances, which are not found protected by a legal title, duly registered. Consequently no labor will be permitted, either open to the air or subterraneous, which has for its object the future exploitation of any of the substances mentioned.

Art. 44. Every application for a concession to exploit any substances not specified in Article 3 aforesaid, and which according to Article 4 of the same title number, are for the free exploitation of the owner of the soil, shall be rejected.

Art. 45. In order to obtain the legal right referred to in Section iv of Article 12, of the law, the application for the license shall be presented to the local agent of public works, accompanied by as much of the horizontal projection and profile of the tunnel, both in one decimal

scale, and also as much of the cuts and details as are believed necessary to illustrate the nature and circumstances of the projected work. The agent shall remit to the Department of Public Works, together with the application and corresponding plans, a report upon the matter, also giving his opinion. The proper minister, in view of the said documents and of other data which he may require, shall render his decision.

Art. 46. The owner who would be benefited by a legal right of use, not obtaining the consent of the owner whose property would be burdened, should apply to the Department of Public Works, in conformity with the provisions of Section xix of Article 12, of the law, accompanying the application with all necessary data. The department, in view of the report of the agent of public works, and previous hearing granted to the dissenting party, or representative, shall render his decision within the time which he shall designate, according to the circumstances of the case.

Art. 47. If the solicitor or he who ought to grant the right referred to in Section xix of Article 12, of the law, does not agree with the decision of the Department of Public Works, he may appeal to the respective judge, provided he does so within two months from the date of the administrative decision.

Art. 48. In those parts of the Republic not included in the jurisdiction of an agent of public works in the branch of mining, the applications for mining concessions, as also the notices and instruments granting permission of exploration, shall be presented to the postmaster, who shall note upon the application, or the notice, or the instrument of permission of exploration, the day and hour of the presentation, and shall give immediate notice to Department of Public Works by mail, and by telegraph, if there be one.

the

Art. 49. The postmaster can only receive and note applications for concession, and the notices and instruments granting permission of exploration, to which the preceding article refers, when the place of his residence is outside of the jurisdiction of any agent of the Department of Public Works in the branch of mining.

Art. 50. The said department shall publish every six months in the Diario Oficial, the federal official paper, notice of the titles of mining property issued during the said period.

Art. 51. The special book mentioned in Article 25 shall be kept by persons prescribed in Article 18 of the commercial code, in the manner prescribed by that code in Chapter II, Title 2, Book 1.

Art. 52. It is the right of individuals to register titles of future concession, or existing ownership, in the commercial record, as permitted by Article 26 of the mercantile code, wherever the proper registry book is not kept. Art. 53. Registration is obligatory upon mining corporations and upon creditors of mines, in conformity with Article 25 of the law and Article 39 of the transitory laws given in Title V.

Art. 54. Mining corporations are obliged to register in the capital of the province or judicial district, both the location of the mining concession and the office or offices which the company has in the Republic.

Art. 55. If, through the extension of mining concessions, or any other cause, there should be any doubt about the place in which the registry should be made according to the preceding article, the Department of Public Works will determine, communicating its decision to the Minister of the Treasury.

Article 55. (The fees herein noted are payable to the agent of the Mines Division of the Department of Public Works.)

i. For the notes in the notice or in the permission of exploration, to which Articles 10 and 11 of the administrative regulations, and the corresponding

entry

.$ 1.00 ii. For proceedings and issuance of permission of exploration mentioned in Article 12.

iii. For registering each application for a mining con-
cession, or extension or rectification of same, and
making record..

iv. For advices, memorials and abstracts of proceed-
ings, each ten lines or fraction thereof..
In addition, for each title page which covers the pro-
ceedings and other documents to be abstracted........
v. For the transcription, marking and authorization
of the evidence and certificates, and other copies,
each 100 lines or fraction thereof....
vi. For search proceedings or any other documents
from the record...

When the interested party does not furnish suf-
ficient data, and he has to register corresponding
documents for more than one year, for each year
which is registered...

vii. For each kilometer each way traversed, in the
transaction of any business.
viii. For any interior view or exterior examination,
and rendering the corresponding information.......
ix. For inspections, visits or examinations in works
below the surface, for each one hundred meters
of depth or fraction thereof.....

2.00

1.00

.20

.10

1.00 1.00

1.00

.25

5.00

5.00

Article 56. The annual tax mentioned in Article 37 ("VII. Mining Tax") of the law will be collected by the stamp offices in accordance with the laws of March 31. 1887, and December 9, 1891, and such others bearing thereon now in force, and is payable in interior rent stamps, the face thereof to bear an imprint, diagonally placed thereon, reading "Mining Tax."

Art. 57. The stamp officers will receive, as sole fee, two per cent of the gross amount received from the sale of stamps for the payment of the annual mining tax.

Art. 58. The stamp officers will keep a mine register situated in their respective districts, by aid of the data which the Treasury Department will furnish for that purpose.

Art. 59. The owners or holders of the mines will make their payments in the principal cr sub-tax office corresponding to that district in which such mines are located. The Treasury Department, however, may modify this rule in instances where it may be deemed equitable and convenient to do so, advising the general office, that the latter may transmit information thereof to the proper tax office of the district within which the mine is located.

Art. 60. The principal stamp officers will require the suboffices or agencies to forward them in time the stubs of the stamps sold for each mine, affixed to pages on which they will state for which mines, respectively, the stamps have been sold, and whether the sale corresponds to the extension of the property detailed on the titles and indicated on the duplicate thereof returned in accordance with the provision of the law relating to extensions. On receipt of these pages or sheets by the principal stamp officers they will communicate the fact to the Treasury Department, to which they will also send, at the end of each fiscal year, all such stamped pages or sheets received, corresponding to each mining enterprise.

Art. 61. Each one of the three advance payments referred to in Article 38 ("VI. Annual Tax") of the law must be made previous to July 31st, November 30th and March 31st of each year. For this purpose the respective principal or sub-stamp office will deliver to interested parties a printed ticket or placard containing: i. The title or heading, "Mining Tax." ii. The name of the state and municipality of the office issuing the ticket or placard. iii. The name of the mine, number of appurtenances for which the tax is paid; municipality in which the same is located; name of owner or company which may be in possession thereof, and the registry number of titles. iv. The amount payable for each third part of the year. v. Three blank columns intended to receive the stamps corresponding to each third part of the year, which stamps are to be duly canceled. The interested parties must place the ticket or placard referred to in this article in a visible part of the office of the management or owner of the mining properties, with the stamps accrediting the payment affixed thereto.

a

Art. 62. Upon any tax payment becoming due, as provided for in the previous article, and upon the stamp office being notified that such payment has not been made, it will communicate the fact to the agent of public works, in order that the latter may, during one month, fix a notice thereof on the bulletin-board mentioned in Article 21 of the administrative regulations, which notice, as regards the creditors of the mines, will operate as summons to avail themselves of the privileges indicated in Article 25 ("IV. General Dispositions") of the mining laws. The payment of the tax by these creditors cannot be effected until the notice referred to has been placed upon the bulletin-board of the agency of public works. Art. 63. If within the district of any principal stamp office there should happen to be no agency of public works to which the notice mentioned in the preceding article can be given, the said principal stamp office will notify the creditors of the mines through the respective District Court, ascertaining previously in the proper commercial registry office the names of such creditors.

Art. 64. Upon the expiration of the terms mentioned in the final part of Article 39 ("VII. Mining Tax") of the law, and the tax still remaining unpaid, the principal stamp offices will immediately advise the Treasury Department so that the latter may at once declare the loss of the property, and the Department of Public Works dispose of the mine. This ruling shall be published in the Diario Oficial.

Art. 65. The notice prescribed in Article 40 ("VII. Mining Tax") of the law will be made in writing, by the party interested, to the principal stamp office through the proper local sub-office or agency. The main stamp office will advise the Treasury Department thereof for entry in the register.

Art. 66. The notifications referred to in Article 41 ("VII. Mining Tax') of the law will be made as prescribed in the last preceding article. The principal stamp office will transmit them to the Treasury Department, that the latter may make entry thereof in the register and order their

publication in the Diario Oficial, and effect the necessary liquidation, which it will communicate to the proper main stamp office, that the latter may return, in such instances, the amount due the petitioner.

Art. 67. The grantees of zones referred to in Articles 14 and 16 (II. Explorations, etc.," and "III. Acquisition of Concessions") of the mining law are required, within the first ten days of the fiscal year, to communicate with the Treasury Department, that the latter, while in the possession of the papers mentioned in said articles, may issue the voucher exempting them from payment of the annual mining tax during the current fiscal year. VII. SPECIAL PROVISION:

With the object of obviating any difficulties that might arise in different localities of the national territory in complying with the provisions of Articles 35 and 38 of the mining tax law ("VII. Mining Tax"), owing to the distance at which mining properties may be situated from their respective federal tax offices and to the difficult means of communication, the President of the United States of Mexico has seen fit to determine that in such cases the nearest agent of public works-subject to the fees which for the performance of this duty will be designated by the proper ministry and will be payable by the parties

interested-is authorized to receive the manifestations prescribed for in the above referred to Article 35, and a copy of the original and last transfer title papers, which he will duly compare and legalize; the latter, together with the manifestation, constituting the proceedings in the matter, which shall be forwarded, accompanied by the report which he must render bearing on the accuracy and limits of the dependencies, to the proper agent of the Treasury, in order that the latter, after making the necessary entries, may, without further procedure, carry out the provisions of Article 37 of the said law. The agents of public works will be careful to affix and cancel the stamps, which the law prescribes, on the original titles, retaining the latter in their possession until a final decision is made, when they shall be returned to their owners with the respective number and day of entry on the register of federal mining taxes noted thereon, and duly transmitted by the proper agent of the Treasury. VIII. FOREIGNERS:

Foreigners acquiring mining property are still subject to the laws of 1856 regarding foreigners. The new law permits any number of concessions to be taken out by one person or company.

is not sufficient. (34 Ala., 611.) If such claim is filed by an executor, administrator, guardian or other trustee, it may be verified by affidavit that he believes the claim to be just, due and unpaid. All claims, whatever their dignity, must be filed and verified. (32 Ala., 502; Ib., 611; 13 Ala., 524; 11 Ala., 730.) Infants and persons of unsound mind are allowed nine months after the removal of their disabilities to file their claims. When the claim is filed, verified by the oath of a person out of this State, but within the United States, the oath may be made before a notary public, justice of the peace, or any judge of a court of record, or a commissioner of this State. If made before a justice of the peace, it must be certified that such officer was a justice of the peace and that his attestation is genuine, by some judge of a court of record, or a commissioner of this State. When such oath is taken out of the United States, it may be taken before any judge of a court of record, mayor or chief magistrate of any county, city, borough or town, notary public, or diplomatic, consular or commercial agent of the United States. (Code, Secs. 2238, 2241.)

Executors or administrators of insolvent estates must make settlement of their accounts at such times as the court may appoint; not less than nine nor more than fifteen months from the time the estate is declared insolvent. (Code, Sec. 2247; 73 Ala., 456.) No suit must be commenced against an executor or administrator, as such, until six months, and no judgment rendered against him, as such, until eighteen months after the grant of letters testamentary or of administration. (Code, Sec. 2263.)

V. COURTS:

The Supreme Court has only appellate jurisdiction, except in matters of remedial writs.

Circuit Courts have unlimited common-law jurisdiction and exclusive jurisdiction of libel, slander, assault and battery, and ejectment. There are thirteen circuits in the State.

Regular terms of both Circuit and Chancery Courts twice a year in nearly every county. Chancery Courts have full equity powers. City Courts have concurrent jurisdiction with the Circuit and Chancery Courts, with the exception of Mobile and Jackson counties, which have concurrent jurisdiction with the Circuit Court only. Probate Courts hold term second Monday of each month, but court is always open, except on Sundays.

County Court is held once a month in each county, and has jurisdiction of all misdemeanors. The judge of Probate is ex-officio judge of this court.

Justices of the peace have original jurisdiction in their respective counties of all actions founded on any contract when the sum claimed does not exceed one hundred dollars; of all actions founded on any wrong or injury where the damages claimed do not exceed fifty dollars, except in cases of libel, slander, assault and battery, and ejectment; of all actions of forcible entry and unlawful detainer, and of actions brought to recover specific property not exceeding one hundred dollars in value.

or

All persons of the age of twenty-one years may aliene land or any interest therein by instrument in writing, or by their last will. Conveyances must be written printed, signed at the foot by the contracting party or his agent having written authority, and, unless acknowledged, witnessed by one witness; two where contracting party cannot write. Conveyance must be recorded in the office of the Probate judge of the county where situated, but to be recorded must be proved or acknowledged. Record operates as notice from time of delivery to Probate judge. A seal is not necessary to convey the legal title to land, or to enable the grantee to sue at law. Neither the wife individually, nor her separate estate, is bound by a covenant of warranty contained in any deed conveying land belonging to the husband, executed by such husband and wife, but such deed shall have the effect only of a relin

quishment of dower, unless there be contained therein a special covenant of the wife expressing her intention to bind her separate estate. (Code, Sec. 1899.)

Conveyances of personal property to secure debts must be recorded in the county in which the grantor resides; also in the county where the property is at the time of the conveyance. If removed to another county before the lien is satisfied, the conveyance must be again recorded within six months in the county to which removed. Acknowledgments and proofs of conveyances may be taken by judges of the Supreme and Circuit Courts, and their clerks; chancellors and registers in Chancery, judges of the Probate Court, justices of the peace, and notaries. In other_states, they may be taken by judges and clerks of any Federal court, judges of any court of record; mayor or chief magistrate of any city, town, borough, or county; notaries public, or any diplomatic, consular or commercial agent of the United States.

VIII. DEPOSITIONS:

The evidence of witnesses may be taken, in civil cases, by either party, where the witness is a woman, or from age, infirmity or sickness is unable to attend court, or resides more than one hundred miles from the place of trial, or resides out of or is absent from the State, or is about to leave the State and will probably not return until after the trial; or where the claim or defense or a material part thereof depends exclusively on the evidence of the witness; or where the witness is Governor of the State, treasurer, auditor, chancellor, judge, or clerk of any court of record, register in chancery, sheriff, president, director or other officer of a bank incorporated in this State, postmaster or any other officer of the United States, or practicing physician, or lawyer, or person constantly employed on any steamboat or other water craft, or about the engine or other machinery of any railroad, plank road or manufactory, or is a superintendent, secretary treasurer, master of road repairs, or conductor of any railroad, or a telegraph operator, or a teacher in a school actually engaged in teaching; or is a minister of the gospel in charge of a diocese, parish, church, district or circuit. The party desiring to take such depositions, or his agent or attorney, must make affidavit, setting forth one or more of the above causes, and that the witness is material, which must be filed in the cause. Interrogatories to be propounded to the witness are filed with the clerk, notice of which is given to the opposite party or his attorney, in writing. who has ten days to file cross-interrogatories, to which the party filing the interrogatories may file rebutting interrogatories; but if the party to whom notice is to be given resides out of, or is absent from, and has no attorney of record within the county, notice may be given by filing the interrogatories in the office of the clerk for ten days. After the expiration of the ten days the clerk issues a commission, accompanied by a copy of the interrogatories, to one or more persons, to take the deposition, prescribing the notice to be given to the opposite party or his attorney, of the time and place of taking it, if such notice is required. It is the duty of the commissioner to reduce the answers of the witness to writing, or cause it to be done by the witness himself, or some impartial person, as near as may be in the language of the witness, having first sworn him to speak the truth, the whole truth and nothing but the truth. The deposition must be read over to and subscribed by the witness, and when complete must be by the commissioner enveloped, together with the commission and any document which may have been deposed to, sealed and directed to the clerk of the court where the cause is pending, with the title of the cause endorsed thereon. (Code, Secs. 2801 to 2807.)

IX. DESCENT:

The real estate of persons dying intestate as to such estate descends, subject to the payment of debts, charges against the estate, and the widow's dower, as follows: (1) To the children of the intestate or their descendants in equal parts. (2) If there be no husband, or widow, or children, or descendants of children, then to the parents in equal portions, and in case but one parent is surviving then he or she shall be entitled to one-half of such estate, and the other half to the brothers and sisters of the deceased, or their descendants; and if there be no brothers and sisters, then the whole estate shall go to the surviving parent. (3) If there are no children or their descendants, and no parents, then to the brothers and sisters of the intestate, or their descendants, in equal parts. (4) If none of these be living, then to the next of kin to the intestate, in equal parts, or if none, then (5) to the husband or wife, if capable of taking; and if no relations, no husband or wife, it escheats to the State. Lineal descendants in equal degree represent the ancestor. There is no representation among collaterals other than the descendants of the brothers and sisters of the intestate. There is no distinction between the whole and the half blood in the same degree, unless the inheritance came to the intestate by descent, devise or gift from one of his ancestors, in which case all those who are not of the blood of the ancestor are excluded from the inheritance as against those of the same degree. Posthumous children of the intestate inherit as if born in his lifetime. Illegitimate children inherit of the mother, and the mother from them. Degrees of kindred are computed according to the rules of the civil law.