El Paso herald. (El Paso, Tex.) 1901-1931, 1913-02-09
PROVISIONS Of THE NEW MINING LAW
OF TEXAS; HlRRI5-BURGE5 MEASURE
Continued from page :, rals seetiOn)

the land or a part thereof is situated,
an apphcauon IN writing for the sur
Fey OF the claim, giving the name Of
the claim and such description OF its
boundary and location as viii enable
the surveyor to Identify the land. The
affidavit shall be accompanied BY q
Zee OF twenty dollars (s20), unless its
.l@uuer IS waived and also with an af-
udav1t stating the kind Of the claim
also, the date OF the first posting Of
the notice on the claim BY the aDDIf-
cant. and that the notice has not been
post dated or Its date changed. l-uuu
receiving the application and affidavit
and zee the surveyor shall file the ap-
pucauOn and affidavit and shall forth
with proceed 10 survey the claim. After
tle 4ieI0 notes are recorded and a Mat
pr the survey is made Dy the surveyor
which shall be within 80 DAYS he
snail deliver the application and the
aIfldavit. together with the field
notes and plat, TO the applicant or
his agent, who shall forward the same
within 90 days 10 the commissioner Of
the general land office, together with
one dollar SD as a filing fee. The
fee OF twenty dollars (S2GD shall
cover all charges by the surveyor n
connection with any one claim
sec Is II any mining claim Of am
character shall be filed upon Jointly
by two or more claimants and any one
or more Of them shall fail to contrib
ute his proportion OF any expenses re-
CURED IN this act within the necessary
time the cO-OWner or cO-OWners VINO
nave paid the fees or other expendi-
lures required by this act, may. at
the expiration Of the time in which
the payment is required TO be made
and after the same has been made. give
notice in writing TO such defauIting
co-oWner. or il such defaultinC CO.
owner cannot be found, then by publ
cation IN a newspaper published in the
county where the claim is situated. or
II no such newspaper be published in
such county, then in the newspaper
pupllSned nearest thereto at least once
a week for four successive weeks II
after such publication notice, such de-
hnquent shall fail or refuse to con-
tribute his proportion Of the expen-
dltures required. his interests in the
claim shall cease and shall be forfeit
ed 10 the cO-OWner or cO-OWners who
nave made the required expenditures.
An affidavit Of such cO-Owner or CO.
owners Of the claim. acCOmpanfed
with notices given. shall. when re-
corded in the office OF the county
clerk, be sufficient evidence Of such
delinquency and forfeiture.
Sec. 19. Claims usually called plac-
ers, including all forms of metallic
deposits. excepting those described IN
Section 10, as well as any mining claim
covering deposits of koalin. baryta,
salt. marble, fire cay gypsum, nj
trates. mineral paints, asbestos, mari
natural cement. clay, onyx. mica. prec-
ious stones OF any other non-metaiiic
and stones valuable for Orna-
mental or building material shall be
subject to location and entry and
lease on the same terms and conditions
and upon similar proceedings as are
provided herein FOR vein or lode claims:
provided. all placer claims located
shall conform as nearly as practicable
to existing surveys and their Subd1-
visions and no placer claim shall in
clude more than 40 acres. and no
aggregation of individual claims shall
exceed 320 acres After the location
of any mining claim and survey there
of and the registration thereof in the
office Of the general land commits
SiOner. as hereinbetOre provided the
locator shall be entitled to the eNctu-
sive uses and possession thereof 80
long as the locator shall continue to /
do the amount Of work upon such !
claims equivalent to one hundred dol
lars 5000 worth of labor per annum; [
provided. that an affidavit shall be
filed before the expiration of each and :
every year. setting forth. in detail the /
development work that has been done /
that year. with an itemized statement I
of the value thereof. Such statement 4
shall be filed in the office Of the COM
missioner OF the general land ONCE ]
also in the office of the county clerk i
OF the county where such mining D
claim is located. or the county 10 4
which such county is attached for Ju-
dicial purposes The comm iSSiOner or 4
the general land office may. at his 1
discretion. require additional proof I
that sucn Development work has been /
done.
Sec 20. In full payment TO the state /
for the right to take from any mining 4
claim of any character described IN /
Sections 10 or 10. any mineral wealth
Or deposit whatever whether metallic |
or non-motaIlic, the owner or holder
Of such claim shall pay unto the state /
4 royalty or rental equivalent TO five
per ceutum OF the total gross. output
Dr. mining claim OF any character
therein defined. II sfny locator shall
Tail to post the location notice or 10
Tile with the county clerk the loca-
ion notice and affidavit. or shall fan
90 file with the county surveyor Tne !
pplicatlou for survey and affidavit
lsreinbcfore required. or shall fail TO :
lie with the commissioner Of the gen