, 1901-12-24

from lease to any other person. With
in or at the expiration Of said ninet,
days and annually thereafter, such ap
plicant to lease shall pay to the United
States, in advance, one years renta
of the land applied for by him, on sat
isfactory proof of which payment The
commissioner shall execute and deliv
er to the lessee q lease of the sale
lands, signed by himself officially, to
gether with which he shall deliver W
the bond of said lease, marked "Satis
fed" II the said lessee shall fail tt
apply for his lease and make the pay
ment aforesaid within said ninety days
and shall also within said ninety days
fail to make proof to the satisfaction
OF the commissioner of the general
land Office within that time that he has
in good faith and diligently used prop
er means and expended proper efforts
to secure a water supply on such land
and failed, then and in hat case the
commissioner shall mark his bond
Forfeited" and shall deliver the same
to the attorney general of the United
said bond to be sued upon and collect,
The penalty stated in such bond
is hereby declared to be liquidated
damages, and judgment for thai sum
shall in all cases be recovered by the
United States.
Proof satisfactory to the commits.
sioner of the general land Office, that
proper, suitable and diligent effort had
been made by such applicant to secure
water, and that sufficient water could
not be secured, shall relieve the prin-
cipal and sureties on said bond from all
responsibility therein, and it shall be
marked Satisfied by said commits
sioner and delivered to the principal
No lease Of less than one
section of pasture lands shall be made.
unless 1t includes all Unbiased land
in that vicinity. Lessees or their ven
dees who shall have at their own ex-
pense water on their leaseholds in ac-
cordance with the provisions of this
section shall, at the expiration of their
lease contract, have the right to a re-
newal Of their leases for another term
of five years. at the price then provid-
ed by law, by giving sixty days writ
ten notice to tine commissioner, as pro-
vided in the preceding section.
Sec. 8. That If any lease shall fail
to pay the annual rent due in advance
for any year within sixty days after
such rents shall become due, the COM
Of the general land office
may declare such lease cancelled.
Sec. 8. That lessees shall have the
at any time to purchase their
leased lands, subject to the limitations
as to quantity provided by existing
laws and all improvements made by
lessees on lands leased by them are
hereby declared to be personal prop
erty, which may be taxed under the
law Of the state or territory where the
lands are situated.
Sec. 10. That it shall be unlawful
for any person to fence, exclusively
use, occupy or appropriate by herding
or line riding and portion of the pub
lie grazing lands Of the United States,
xuithos,t Arcf hoyi11 obtofpad a 1ooco
Of such lands in accordance with the
of this act. Any person,
whether owner Of stock, manager
agent, employe or servant, who shall
fence, exclusively use, occupy or ap-
propriate by herding or line riding any
Of such lands without a lease
thereof shall be deemed guilty Of a
and shall. upon convic-
ton, be fined not less than one hun
dred dollars nor more than one thou
sand dollars. Each day of such fenc-
ing, occupying exclusively using, or
appropriating by herding or line riding
shall be deemed a separate ofense,
and any person SO offending may be
by indictment or informa-
ton In the proper court of the district
where any portion Of the land lies.
within the meaning of this
Is the erection of any structure
Of wood, wire or both, or any other ma
terial intended to prevent the passage
Of cattle, horses, mules, asses, sheep,
goats or hogs, whether the same shall
enclose lands on all sides or be erected
one Or more sides.
Sec. II. That the commissioner Of
the general land office may withhold
from lease any grazing lands that may
become agricultural lands by irriga-
ton and that may be necessary for pur-
poses Of settlement; and no such as.
lands shall be leased in
the judgment of the commissioner they
may be in immediate demand for set
Element, but such lands shall be held
for settlement and sold under existing
laws.
Sec. IL. That the funds arising from
act shall be held In the United
States treasury as an irrigation trust
fund for the purpose Of ir-
rigating the lands in the state
territory in which the leas-
ed land was situated, and shall
be paid out to such states and terri
tories for said purpose in such man
ner as congress may by law hereafter
designate.