Mining. - Provisions On Procedure For The Award And Possession Of Property Mining And Collection Of Patents.

Original Language Title: MINERIA.— DISPOSICIONES SOBRE PROCEDIMIENTO PARA LA ADJUDICACIÓN Y POSESIÓN DE PERTENENCIAS MINERAS Y COBRO DE PATENTES.

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October 24 law

MINERA.â € " Provisions on procedure for the adjudication and possession of mining belongings and patent collection.

MARIANO BAPTISTA,

CONSTITUTIONAL PRESIDENT LA REPAsBLICA

For how much, the national congress has sanctioned the following law:

THE NATIONAL CONGRESS

DECCRETA:

ArtA-ass 1.A °â€ " Legal terms in the administrative procedure of The following areas of mining shall be subject to the following: rules.

1. Incoada the request, with the respective charge, the prefect will dictate in the dA-to the car of concession.

2. In the three days following the delivery of the order, the notary shall practice with the persons present, the citations and the notifications ordered by the article 12 of the rules of minerA-a and shall pass as authorized by him, of the order and the car of concession, to the editor of the departmental boletA-n of the expert designated by the prefecture, leaving constancy in the workers.

3. The publication of the order and the concession in three successive ones with Ten dA-as from one insert to another, will be carried out in the fatal term of 40 dA-as, computable from the date on which the notary of mines has delivered the code to the editor of the departmental bulletin of the expert designated by the prefecture.

4. The request for a message, line and post, will be presented, in the cases of the opposition, within the period of time of 60 dA-as long as the sentence has been executed.

5. The application for the same rules, in the case of not having been deducted legal opposition, will be presented within the unextendable 30 dA-ace.

6. The mensura, alinderment and possessition dilits, will be practiced in the fatal test of 40 dA-as, out of the distance of the distance, computer the dates, from the dA-to in which the prefect ordered to proceed

7. " 7. Once the enunciated dilijences have to be practiced in the grids of difficult communication with the capital of the department, the prefect will grant the prudential term out of the one agreed in the preceding paragraph.

Art. 2. ° The violation of the rules 2. and 3. of the previous article, will be disciplined by the prefect with the fine of 5 to 20 Bolivians respectively and dismissal of the notary in case of recidivism; and the infraction of any of the rules 4. ª, 5. and 6. th, producing the expiration of the concession, except the case of the term agreed in the rule 7. of the preceding article, A³ of opposition proposed according to the article 5.A °

Art. 3. ° †" In each capital of mining department, a bulletin will be published every ten dA-as, specially designed to rebar all requests and cars of concession of mining belongings. For each insert, two Bolivians will be paid.

In the capital of the other departments where the holding of an official bulletin is not possible, the prefect will appoint the expert to review the requests and Concession cars.

The building expenses will be charged to the national box, which will receive the performance of the amounts satisfied by the stakeholders.

Art. 4. ° †" In no case, the administrative and judicial authority, may order the suspension of the work of mines; only they will be allowed to appoint an interventor that takes documented reason of the products, expenses and profits that report the owner of the mine. This prohibition is absolute and for all cases where the job suspension is requested.

Art. 5. ° †" When the owner of a concession has not come to defend his rights through the appeal of opposition that passes the law, and the new concessionaire has obtained the actual possession, the right to go to the Ordinary courts in defense of their property, but only within the unextendable six-month term from the dA-to which the possession to which he must be sued was ministered.

Art. 6. ° †" During the procedure of the ordinary trial, the dealers and the opponents, will pay the patents corresponding to the areas represented by each one of them. Defined rights by past judgment in the authority of res judicata, the vanquished in the judgment will recover the patents paid conditionally.

To this end, the sentence that awards the hectares to those who have the right to order the return of the patents that conditionally were satisfied; it being the treasury's obligation to comply with the provisions of the judicial sentence.

Art. 7. ° †" When the miner turns out to be a patent debtor for two semesters, the treasurer shall immediately officiate the prefectural by the statement of office. The prefect of the tax, will have the owner of the debtor concession, will pay within 15 dA-as of its court the patents accrued, its criminal interests and the costs of the process, under the warning of the right to the debtor property. The order will be made to know the debtor personally, if it is found within the department, and otherwise the administrator A³ in charge of the mining group will be notified.

If the debtor were outside the department and not having In charge of the administration A³ of the care of the mining group, the city of the car will be reduced to its publication in the bulletin for three consecutive times. From the third publication, the 15 dA-as designated by paragraph 1.A of this article shall be taken into account.

Art. 8. ° †" If in the agreed term of 15 dA-as the debtor does not pay the whole of the charge, the prefect of the treasury representation and the writing of the prosecutor, will declare the eviction of the debtor concession, to the effect that as a land franc is awarded to third parties.

Art. 9. ° †" The eviction may be denounced by anyone who is weak, and his presentation with the respective office, seated by the notary of mines, will give priority to the new concession of the belongings.

Art. 10.†" If the mining group were subsequently evicted, it would be once again the property of the debtor, which would be renewed the obligation that he had in favor of the tax.

Art. 11.†"The provisions contrary to this law are repealed.

Communicate to the executive branch.

Session of the National Congress. â€" Sucre, October 19, 1894.

JOSA% V. ALDUNATE.

PINILLA.

Manuel O. JofrA©, hijo†"S. Secretary.

Abáll Iturraldeâ€" D. Secretary.

L. Trigo†" D. Secretary.

Therefore, I enact it, so that it is and will comply with the law of the republic.

Palace of government in Sucre, on October 24, 1894.

M. BAPTISTA.

E. Borda.