Page:Mexico, California and Arizona - 1900.djvu/255

 Rh field and settles the equity of the case at once, and never records but one title. Litigation about the original title of a Mexican mine is almost unknown, while that of an American mine of any value is invariably in litigation.

On the other hand, there are some drawbacks. While a foreigner may hold property in mines in Mexico without being subject to the obligation of residence, as in respect to other real estate, provided he have a resident partner, nobody in Mexico, foreigner or otherwise, can acquire a mine outright and in absolute ownership. He cannot own it in fee, no matter what sum he pays for it. The legal theory is that the title to a mine is only that of "conditional possession," and in the nature of usu fruct, which is "the right of using and enjoying a thing of which the owner is another." On violation of the conditions the title reverts to the sovereignty—formerly the King of Spain, now the Republic of Mexico. The body of the Ordinances as at present followed was promulgated by the King of Spain in the year 1783. To allow a mine to stand idle is assumed to be an injury to those who might otherwise work and extract profit from it. It is enacted, therefore, as follows:

"I (the King) order and command that any one who shall for four consecutive months fail to work a mine, with four operatives, regularly employed, and occupied in some interior or exterior work of real utility and advantage, shall thereby forfeit the right which he may have to the mine, and it shall belong to the denouncer who proves its desertion."

The method of acquiring title to a new and original mine is to go before the proper officer in the district in which it has been discovered and register a claim. Ninety days is then allowed to any other persons who may advance pretensions to it also, to appear, after which