Arizona republican., 1901-12-24

sioner shall execute and deliver to the
lessee lease of the lands, signed by
himself officially. together with which
he shall deliver up the bond of said
lessee. marked Satisfied If the said
lessee shall fail to apply for his lease
and make the payment aforesaid with
in said ninety days. and shall a;so
within 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 dill
gently used proper means and expend-
cd proper efforts to secure water sup
ply on such land and failed then and
in that case the commissioner shall
mark his bond Forfeited" and shall
deliver the same to the attorney gen.
eral of the United States. who shall at
once cause the said bond to be sued
upon and collected. The penalty stated
in such bond is hereby declared to be
liquidated da images. and Judgment for
that 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 relieveN 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
therein No lease of less than one sec
ton of pasture lands shall be made,
unless it includes all Unbiased land in
that vicinity. Lessees or their ven
dees who shall have at their own ex-
pense secured water on their leaseholds
in accordance with the provisions of
this section shall, AZ the expiration of
their lease contract. have the right TO
a renewal of their leases for another
term of five years, at the price then
provided by law. by giving sixty days
written notice to the commissioner. as
provided in the preceding section
Sec. s. ThaS if any lessee shall fail
to pay the annual rent due in advance
for any year within sixty days after
such rents shall become due. the COM
missioner of the general land Office may
declare such lease cancelled
Sec. 0. That lessees shall have the
right 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
laws 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 any portion of the public
grazing lands of the United States,
without first having obtained a lease
OF such lands in accordance with the
provisions of this act. Any person.
whether owner of stock, manager.
fence. exclusively use. occupy or appro-
pirate by herding or line riding any
portion of such lands without lease
thereof shall be deemed guilty OF mis-
demeanor. and shall upon conviction.
be fined not less than one hundred dol
lars nor more than one thousand dol
lars. Each day of such fencing. occu-
pying exclusively using, or appropriat-
ing by herding or line riding shall be
deemed a separate offense, and any
person SO offending may be prosecuted
by Indictment or informa tion in the
proper court of the district where any
portion of the land lies. Fencing"
within the meaning of this article is
the erection of any structure of wood.
wire or both. or any other material in
tended to prevent the passage Of cat
tie. horses. mules. asses. sheep. goats.
or hogs, whether the same shall enclose
lands on all sides or be erected on one
or more sides.
Sec. IL. That the commissioner of
the general land Office may withhold
from lease any grazing lands that may
become agricultural lands by irrigation
and that may be necessary for pur-
poses of settlement; and no such agri
cultural lands shall be leased if in the
judgment of the commissioner they
may be in immediate demand for set
tlement. but such lands shall be held
for settlement ard sold under existing
laws.
Sec. u. That the funds arising from
this act shall be held in the United
States treasury as an irrigation trust
fund for the exclusive purpose of irri-
eating the lands in the state or terri
tory in which the leased land was sit
uated, and shall be paid out to such
states and territories for said purpose
in such manner as congress may by
law hereafter designate.