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

the land or a part thereof IS situated,
an application IN writing for the sur
vey Of the claim, giving the name q
the claim and such description of It's
boundary and location as Will enable
the surveyor 70 identify the land The
affidavit shall be ACCOMPANIED By a
lee OF twenty dollars tS-UJ. unless Its
tender Is waived, and also with an At
TdayIt stating the kind of the claim
also, the date OF the first posting q
the notice on the claim by the appli-
cant. and that the notice has not been
post dated or Its date changed Upon
receiving the application and affidavit
and fee the surveyor SHAH file the APP
pllcauOn and affidavit and shall fora
VITA proceed to survey the claim After
lne Held notes are recorded and plat
or the SURVEY is made Dy the surveyor
which shall be within 90 DAYS. he
shall deliver The application and the
affidavit. together with the field
notes and plat. TO the applicant o.
his agent, who shall forward the same
within 90 days TO the commissioner OF
the general land office. together with
one dollar tSll, as a films fee. The
Zee OF twenty dollars tScul. shall
cover all charges by the surveyor IN
connection with any one claim
sec 10 II any mining claim or an-
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-
qUired in this act within the necessary
time the cO-OWner or cO-Owners who
have paid the fees or other expenGi-
lures required by this act, may, IT
the expiration Of the time in which
the payment Is required 10 be made
and after the same has been made. give
notice in writing TO such defauluine
co-owner, or if such defaulting CO.
owner cannot be found, then by pUbli-
cation IN q newspaper published in the
county where the claim is situated. or
II no such newspaper be published in
IN
published nearest thereto at least once
a week for four successive weeks. II
after such publication notice. such de
unquent shall fail or refuse TO con-
tribute his proportion Of the expen-
ditUreS required his interests in the
claim shall cease and shall be forfeit
ed 20 the cO-OWner or CO-OWners who
nave made the required expenditures
An affidavit OF such cO-Owner or CO.
owners OF the claim, accompanied
with notices given. shall. when re-
corded in the office of the county
clerk, be sufficient evidence Of such
delinquency and forfeiture.
Sec 10 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, ire cay. gypsum. nj
trates. mineral paints. asbestos. mari,
natural cement. clay, onyx, mica. preC-
lOuS stones or any other nOn-me taIic
mineral 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
snail conform as nearly as practicable
to existing surveys and their subdi-
visions, and no placer claim shall IN
clude more than 40 acres. and no
aggregation of INDIVIDUAL claims shall
g.
of any mining claim and survey there
OF and the registration thereof IN the
office OF the general land cOmm'S-
SiOner. as hereinbefOre provided, the
locator shall be entitled to the eNclU-
siye uses and possession thereof so
long as the locator shall continue To
do the amount Of work upon Sucn
claims equivalent TO one hundred dol
lars 5000 worth of labor per annum;
provided. that an affidavit shall be
filed before the expiration OF zach and
every year. setting forth. IN delall me
development work that has been done
that year. with an itemized statement
of the value thereof Such statement
shall be filed in the office Of the COM
missioner of the general land OIIlce,
also in the office Of the county clerk
of the county where such mining
claim is located, or the county 30
which such county IS attached Tor lu-
dicial purposes. The commissioner OF
the general land office may, at his
discretion, require additional proof
that sucn Development work has been
done.
Sec 20. In fun payment TO the state
for the right TO take from any mining
claim Of any character described n
Sections Is or 10. any mineral wealth
or deposit whatever whether metallic
or non-metallic. the owner or holder
OF such Claim shall pay unto the state
a royalty or rental equivalent TO tlNe
per ceutUm of the total gross output
sold or disposed of from such mine
or mining claim Of any character
therein defined. II any locator shall
fail TO post the location notice or 70
file with the county clerk the lOca-
tion notice and affidavit or shall fail
to file with the county surveyor the
application Tor survey and affidavit
herein before required. or shall fail TO
file with the commissioner Of the gem