El Paso herald. (El Paso, Tex.) 1901-1931, 1913-04-09

before provided The permit or lease
snail contain the terms upon which IT
IS issued ana Such other matters as
the commissioner may deem important
10 the rights OF the state or applicant
Should a permit or lease be issued up
On a statement by the applicant Or
applicants, or either OF them which IS
false or untrue in any material TACT
the commissioner may cancel such per
init or lease when sufficiently in
formed as 70 such false or untrue
statements
Sec. il. Should the owner of per
init TAIL or refuse TO proceed with
reasonable diligence in a bona tide Ell
fort 10 develop an area included. IN
such permit, the commissioner OF the
general land office may cancel the
same Should the holder OF a lease
fail or refuse to proceed with reason
able diligence and in a bona fide
effort TO develop, operate and put out
the product OF producing wei OF
petroleum oil or natural gas at any
time during the life OF a lease, the
commissioner OF the general land o.
flee may cancel such lease contract
In the event OF a cancellation OF a per
nit or lease contract Tor the causes
mentioned in this section the area IL
cludeu therein shall be subject TO the
application of another than the fOrfcI--
ms owner. in the same manner as al
the first instance; provided should
lease covering a producing well be
q
such area or a part JnereOt may be
made direct to said commissioner, and
a copy of such lease shall be filed
in the office of the county clerk
Sec 13- Coal and Lignite--Au coal
and Ignite underlying the surface OF
the lands and waters. as defined by
this act, shall be subject to prospect
and development under the following
terms and conditions
Any person, firm, or corporation de-
To o.
shall file with the clerk of the county
in which the land is situated his dp-
pucatlon covering not more than 2560
acres. said application shall be made
in the same manner and form as is re-
quired by other sections of this act,
and permits shall be granted by the
commissioner OF the general land a.
flee authorizing such prospect and de
Velopment upon the following terms
and conditions, subject to forfeiture
for breach of any of said terms and
conditions said permit shall run for
period of 20 years with preference
right of renewal TO lessee for three
months after the expiration thereof.
Lessee shall, within 90 days after the
granting of said permit begin to pros
pect for coal and Ignite. and shall
within 10 months thereafter. sink a
shaft 6NS feet to coal or Ignite, drive
a tunnel In said coal or Ignite to a
distance of 20 yards, and shall crib
said shaft and prop said tunnel in
to be furnished by mine inspector Of
this state, and shall. within 90 days
thereafter, begin 10 mine said coal or
Ignite, and shall continuously mine
same, provided same be situated with
in two miles of any railroad, but, if
said coal or Ignite be situated more
than two miles from any rOalrOad then
said lessee shall be allowed five years
within which to begin to mine said
coal and Ignite; provided, that in me
last named contingency the said five
years shall not be reckoned as any
part OF the time covered by said
lease. The royalty to be paid to the
state shall not be less than six cents
per ton for coal and not less than four
cents per ton for Ignite for each and
every ton OF two thousand pounds of
said product sold said royalties shall /
be due and payable 20 the state /
monthly. and same shall be ac-
cOmpanicd by a sworn statement of I
the lessee showing the number of tons I
SO mined as well as the number of I
tons Sold provided. further that the Z
royalties herein provided shall. after /
the third year of operation of said I
mine, equal a minimum of $500 per
acre for each and every acre covered (
by said lease Said mine shall zoe 4
kept I'm Continuous operation. barring |
strikes. lOckOuts. fires. floods and I
other accidents over which the lessee /
has no control; provided. further that /
said lessee shall not Dc required TO J