The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1889-05-09
Continued from Eighth Page.


sec. s. At any time prior to the expira-
tion OF said lease, the lease holder, or any as
eigrce thereof, shall have the right to obtain
o.Ere contract. which shall bind the State
OF Minnesota, as the party OF the first part,
AMI HE person, persons or corporation to
whom said contract shall issue, as the party
Of the obligations and conditions as specified
therein.
SEC L. The contract provided for in Sec
lon three (3) shall be as follows:
This 1ndenture, made this. ....... day
Of ..... "A. u. one thousand eight hun.
drH'i and ............., by and between the
au.e of Minnesota, party of the first part,
pn That R eSe yafy 81 BE the 1st
pare. in consideration Of the sum of one hun
tirc'l dollars $500, to it in hand paid by
the party OF the second part, being the first
annual payment hereinafter provided for,
th'. receipt whereof is hereby acknowledged,
Had i'll further consideration Of the cove
nnntS and conditions herein contained to be
kept and performed by the part. Of the Sec
ond nart, does hereby contract lease and
a.. = term of fifty (55W years from and after
thr .;..:. day Of. ..............., one
thousand eight hundred and. :. ........., the
following described land, situated n III. the
Of Minnesota, viz: ..... .................,
which promises are leased to the part: OF
the second part for the purposes of explor-
ins tor, mining, taking out and removing
'h'rc'rom the merchantable shipping iron
ore. which is, or which hereafter may be
1olHd on, IN or under said land. together
With Tie right to construct all buildings, make
all excavations, openings, bitches. drains
railroads., wagonroads and other improve
1ncit> upon said premises. which are or may
trr"me necessary or suitable for the mining
or removal OF iron ore from said premises,
with the right, during the existence of this
lease, to cut and use the timber found upon
sad premises for fuel. other than for suelt-
Ing purposes, and so far also as may be nee
r>-ary for the construction OF buildings re-
'tHlrcd in the operation OF any mine, or
mines, Oh the premises hereby leased as also
t'I" timber necessary for drains, tramways
h:i!i supports for such mine or mines. Pro-
\"!ei: however, that the part of the second
li!ri shall have the right at any time to ter,
ll!n"tc this agreement IN so far as it requires
II" part. of the second par. to nine ore on
sai'! lands, or to pay royalty therefor, by
giving written notice to the party Of the first
pat. which shall be served by leaving the
kH!ne with the commissioner of the State
Lava Office, who shall officially, in writing
q, ~:;Gwledge the receipt of said notice, and
til foregoing lease shall terminate sixty (6O)
HuH thereafter, and all arrearages and sums
which may be due under the same up to the
tin, of its termination as set forth in such
1'"i."", shall be paid upon settlement and adj
1i> iilcIlt thereof.
The party Of the first part further agrees
that the part: of the second part shall have
s!' 'iSAt uAASI dSISctitHt " COu'
tract with others to work such mine or
n.inrs, or any part thereof, or to sub-contract
TIE - me, and the use of said land, or any
ya'' thereof, for the purposes of mining for
as ':e herein granted to the said part of the
second part The part. Of the sec
o'ld part, in consideration of the prem
1os,: and hereby ,H;,by &c covenants and agrees
before the twentieth (2Oth) day Of April,
d" d; of ,h r, ana January in each year.
during the period this contract continues In
force, pay to the treasurer Of the state of
Minnesota, for all the iron ore mined and
reH1r;ed from said land during the three (3)
M t'ths preceding the first day of the month
i'll which payment is to be made. as afore-
ha;d, at the rate Of IS cents per ton. for all
no" ore so taken out, mined and carried
away. each ton 10 be reckoned at twenty two
hNnlred and forty (224O) pounds.
! he part. OF the second part, at the time
OF >lch payment, shall transmit to the COM
PRISONER OF the state land Office an exact
amt ':uthful statement of the amount of iron
or +, moved during the three months for
"''lrii such payment shall be made. The iron
or" 50 taken BY the part of the second par:
fToi, said land shall be weighed by the rail
snn ; Company transporting the same from
quantity rs between the parties hereto. Said
pant. OF the second part shall furnish the
commissioner IF the land Office monthly
49, Ii'SllIo ouOWlHS lH0 dlOrcSdlu WClpulSs
'h'' right, however, is hereby conceded to the
i'af'N ~ the first part by its duly authorized
nSe't>, to inspect, review and test the cor
1ertiess OF said railroad company's scales
ana weights at any time and in such manner
US may seem proper to adopt, it being under
F"Nl that any errors in these respects. when
a>rrrtAined, shall be cognizable aud cor
''eh. The part. of the second part agrees
l'Hl so leased which may be assessed, either
against saiL land and the improvements
thereon, or the iron ore product thereof. or
h''\ personal property at said mines, during
"a though the lands herein leased were
o"hrh IN fee by the said part. of the second
lN;' and at the termination of this lease 10
.'H't'y and Peaceably surrender the posses
h1n'i VI SAID land to the party OF the first part.
The part. of the second part further COW
e"AitS that within five 81 years from the
'ompIetl"n OF railroad within one mile Of
therrirom at least one thousand Il .GOO) tons
OF iron ore, aud that ut least FIVE thousand
t':opO) tons shall be annually thereafter
mined and removed therefrom. ana in case the
khl'' part. of the second part shall not annu-
n.lH remove from said land the five thousand
t'.oOO) tons Of ore as above stipulated, the
part. of the second part shall pay into the
Treasury OF the state of Minnesota royalty
OF 20 cents, per ton on 5 ,OuO tons, which
Specified.
Provided, further. that up to the time
vhrn the first one thousand Q,OOOl
t"I~ OF iron ore is required to be mined
sind! be annually paid into the treasury OF
inr state Of Minnesota by the part of the
te''l part the sum Of one hundred dollars
$50 10Y, which payment shall be made on
o. ',r1ore the first day OF August of each
J.H;.
l. is mutually understood and agreed that
Won the termination of this agreement
whether by the acts of the parties, or either
l.; ihtm, or by limitation, the part of the
h.''"r'l part shall have ninety days in which
T. lrliove all engines tools, machinery, rail
Iu;i'l tracks and structures erected or placed
by sad parton said land, but shall not re-
M;:.eS nor any timbers or frame work neces-
h'ry 10 the use and maintenance of shafts or
ON, approaches to the mines or tramWays
%Hir the mines.
To- aud work the said mines in such manner
r''.y rs is usual and customary in the skill
i! ana proper mining operations Of similar
o'"Fa'tsr when conducted by the proprietors
themselves on their own lands. and so as not
t"''". cause or permit any unnecessary or I'M
H~''" permanent injury to the same. or in
t'tN"nience or hindrance III the subsequent
creating OF the said mine, and in the work
~ SAID mine the part Of the second
par shall deposit all earth, rock and other
Useless material or rubbish at such places
sA.' ~ such manner as will not conflict with
"nharrass the future operating OF said
IL IS.
It" PARTY Of the first part expressly re.
k,'"'r> Ia itself land the part OF the second
II h,Nents there,o) the right, by it's daily au-
t;"i '%'n agents, to enter into and upon the
s'''t'' described premises and any part or
I'r'> thereof, at any time or times to in
sect aud survey the same. and measure the
t,t',,ity of ores that shall have been plined
@ rh'pved therefrom, not unnecessarily or
reasonably hindering or interrupting the
o:erhtiOns Of lcssces
Tue covenants. terms and conditions of
e. aspects binding and operative upon all
- Irssees and guarantees under The part
Hi lie second part.
il i, further provided that the present lease
~ SAID ROYALTY or anv mart thereof be and
1r!naln unpaid after the days and times here
~ specified. and if the same remain in de-
3ait for period of sixty (6O) days, or in
case the part of the sec-nd part fail to keep
Hi''i perform any of the covenants or condf-
tons herein expressed to be Kept and per-
1I .yIln hxyc kS>n -