Los Angeles herald., 1908-04-01

duce oil or asphaltum, or both, in CON-
mercial quantities; the character and
extent of the Improvements thereon;
| that the land is non-mineTal in char
acter; that the land is sought chiefly
| for the oil and asphaltum therein
contained, and that 1t is the bona fide
intention of the applicant to produce
such products therefrom in CONNER
cial quantities; If the application be
made on behalf of one or more indi-
viduals that each of them Is a citi-
zen OF the United States over the age
of twenty-one years, or that he has
made his declaration of intention to be-
come such; if on behalf of corpo-
ration, that it is duly organized under
the laws of some state or territory,
and has a valid charter authorizing 1t
to take, own and operate such prop
erty. Application on behalf of an in
dividual shall be made by himself; on
behalf of two or more, by either of
them; and on behalf of a corporation.
by the president, vice president or
secretary thereof. At final proof docu-
mentary evidence shall be submitted
as to matters of record; and as to the
character of the land, the improve
ments. and production there shall be
furnished the testimony of two dis
interested witnesses. No individual or
proof proceedings under this act on
more than one claim.
Only Oil Rights
Sec. 4. That upon receiving and fill
ing an application for patent such no.
tice shall be given and such proceed
ings had as are required for final
proof on homestead. If the final
proofs are satisfactory, patent shall
be issued upon payment to the re-
ceiyer of the sum of five dollars per
acre.
Sec. 5. That entry under this act
shall not give the entryman, before
patent, any preference right to the
surface of said land for agricultural
or grazing purposes, nor the right to
take wood or timber therefrom ex-
cept fuel for domestic purposes used
thereon or in the vicinity of the lands
by those engaged in the development
of the oil or asphaultum thereon.
Sec. 6. That during each year after
entry and before final proof the claim
ant or his successors in interest shall
pay to the receiver q sum equal to
fifty cents per acre of said claim, or
submit proof supported by two dis
interested witnesses, that he has ex-
pended during said year an equal sum
in bona fide effort to discover and
claim or on land within one mile of
said claim, where there is no produce
ing well or shaft within three miles
of said claim.
Sec. 7. That the following shall con-
stitute an abandonment of a claim I'M
der this act:
First-Failure to make the annual
payment or the expenditure herein re-
quired
Second-Failure to apply for patent
within the time specified.
Third-F'iling a declaration of aban-
donment with the register of the land
office.
Surrender of Title
Sec. s. That anyone holding and
owning mining claim for land chiefly
valuable for the oil or asphaltum
thereon may abandon said mining
claim and re-enter the same under this
act, or so much thereof as he is en-
titled to enter under this act, in the
following manner: He shall execute
and deliver to the register of the land
Office an instrument in writing sur
rendering and conveying to the United
States all his right. title and interest
in and to said land. Said instrument
shall be executed and acknowledged
so as to be entitled to be recorded un-
der the laws of the state where the
land is situated. Upon delivering said
instrument to the register. together with
the fee for recording the same in the
county where the land is situated, the
mining title shall be extinguished, and
the party surrendering the title may
thereupon make his entry as herein
provided.
Sec. 9. That an act entitled "An Act
to authorize the entry and patenting
of land containing petroleum and
other mineral oils under the placer
mining laws of the United States" ap-
proved February eleventh, eighteen
hundred and ninety-seven, is hereby
repealed but nothing in this repeal
shall affect proceedings begun to ac-
quire title under said act.