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

eral land office the application, affi-
davit, file notice and plat hereinbe-
fore required, or shall fail 10 comply
with any Of the terms or conditions
herein required. such claim shall be
subject TO forfeiture by the commits
siOner Of the general land office by
an endorsement upon such application
heretofore filed Of the word FORFEIT
ed" signed officially by him. and
uhereupOu all rights in such mining
claim and rights o. the locator or
claimant IN Sucn mining claim Snal
utterly cease and determine and the
same shall be subject TO relOcatlOE;
provided. that the commissioner OF the
general land office may upon salts
factory showing 10 him why such coz
ditiOuS or requirements were not
complied with reiustate such claim
upon the written request OF one or
more OF the lOCatOrs. claimants or own
crS. HE'D IN ms ONCE PROVIDED IuE-
Their. that no rights Of any others
have interviewed al the date of filing
of such request In the general land Of
flee One interested In the claim at
the date IL was forfeited shall not DE
eligible to relocate or file upon the
same land or in behalf Of any other
person within a period of SIX months
next ensuing after such forfeiture,
and any attempt to make such Location
by such person shall be wholly void
Sec q. Any locator. claimant or
owner OF any mining claim under TINS
act is authorized to fell and remove
for building and mining purposes any
timber or any trees growing or be-
ing upon any uuoccupied public lands
under sucl rules and regulations as
the commissioner of the general land
office may, from time to time, pro-
vide for the protection of timber ard
other growth upon such lands and such
other purposes
Sec - Nothing in this act contained
shall ever be construed to destroy, In
ia 3ua.a ms q aHan Inn
right or interest existing in, to or con-
cerninE any lands whatsoever at the
date OF the passage of this act or or
any pre-emDtOr, purchaser. claimant
settler. locator or any other person
whatsoever
Sec. %. The locator or owner of a
mining claim shall have the right 10
occupy within the limits of his claim
so much Of the surface ground as IS
strictly necessary for the use and eE-
ploitatiOu of the mineral deposits and
for the buildings and works ncCeS-
sary for mining operations and Tor the
treating and smelling Of the ore pr3-
duced on such claims and to occupy
within and without the limits of his
claim the necessary land for right OF
way. for iuEress and cgTeSs TO and
from his claim for roadWayS. or rail-
ways. provided. that if the locator or
owner of the mineral right cannot
agree with the owner or lessee Of the
surface right in regard to the acqUIr-
ing Of same and in regard to the COM
penSatiOn for the injury incident 20
the opening and the working OF sucl
mine and the access thereto ne may
apply to the judge OF the county court
of the county in which such mining
claim is located by filing a written
petition setting forth with q suftl-
cient description the property and sur
face right sought TO be taken and the
purpose for which the same IS to be
taken. and il shall be the duty OF such
int
three disinterestcd freehOlders to eN-
anime, pass upon and determine the
damages and compensation to be palQ 10
the owner OF such surface right or other
property necessary TO be taken. and
the proceedings for acquiring or con-
demninC such surface right or other
property SHALL at all times. so Tar as
possible. be covered by the laws re-
lating to the condemnation of rights
Of the wway for railway companies the
locator or owner or such mining claim,
occupying the position OF the railway
company, and an appeal may be taken
from the decision OF the commission
ers upon the same terms and condi-
lions and subject to the same reEu-
latiOns and qualifications prescribed
by law Tor the condemnation OF rlSht
of way for railways.
Sec. q Upon all lands Of any
character heretofore sold or leased by
the state in which the minerals or
mineral rights were reserved to the
state. the public free school fund uni
versity fund asylum or other fund the
grantee or lessee. as the case may be,
shall have the prior right FOR SIX
months after date upon which this act
shall take effect TO prospect locate
and apply for the mineral rights IN
on such land heretofore sold or leased
to him. and after the expiration cr
such STA months such preference or
priority right shall cease and such
grantee or lessee shall have no prior
or preference rights over any other
prOspeCtOr or locator.
Sec % The holder of a permit. n
lease. prospecting right or any other
right acquired under this act may
rclirQuish one or more of such permits.
leases. claims or prospector's claims It
any time by filing REIMBURSEMENT
in the general land office after il IS