El Paso herald. (El Paso, Tex.) 1901-1931, 1913-02-09

eraI land office the application, aft
( davit, file notice and plat hereinOe-
fore required, or shall fail to comply
with any Of the terms or conditions
I 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 Z
; ed" signed officially by him. and
( tnereupOn all rights in such mining
/ claim and rights o. the locator or
claimant In such mining claim shall
utterly cease and determine and the
same shall be subject TO relocation;
{ provided. that the commissioner of the
general land office may upon salts
/. factory showing to him why such con-
dltiOnS or requirements were not
compiled with. relnState such claim
upon the written request OF one or
more OF the lOcatOrs, claimants or own
ers, filed in his office; provided, fur
Their. that no rights of any Others
have interviewed at 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 be
eligible to relocate or file uDOn 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 this
for building and mining purposes any
timber or any trees growing or be-
ing upon any unOccUpied public lands
under such rules and regulations as
the commissioner OF the general land
office may, from time TO time. pro-
vide for the protection OF timber and
other growth upon such lands and such
other purposes
Sec p. Nothing in this act contained
shall ever be construed to destroy, in
~efNn n al ola inn
right or interest existing in, to or con-
corning 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 Tor the use and eN-
ploitatiOn of the mineral deposits and
for the buildings and works neces-
sary for mining operations and for the
treating and smelling OF the ore pro-
duced on such claims and to occupy
within and without the limits of his
claim the necessary land for right Of
way for inSreSs and eEreSs to and
from his claim for roadWaEs- or rail-
ways. provided. that II 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
nensatiOn for the injury incident 20 Z
the oDeuing and the working Of such I
mine and the access thereto, ne may !
apply to the judge of the county court Z
Of the county in which such mining (
claim is located by ming a written .
Detftion setting forth with a suffi- 4
cient description the property and sur f.
face right sought to De taken and the I
purpose for which the same is TO be (
taken and sc shall be the duty Of Sucl !
doc nj afa1
three disinterested freeholders to eN-
anime. pass upon and determine the {
,garoae -es and compensation to be paid 20 /
tho Oy-uer OF such surface right or other /
DroDerfv necessary TO be taken and /
fhe rroceedings for acquiring OF con- 4
deu1ninc such surface rlSht or other 4
DroDertv shall. at all times. so far as !
-,ossfbIe be covered by the laws re- .
14i~.@- - the condemnation Of rights |
of the vVvav for railway companies the
locator or owner OF such mluInS claim, Z
-,,.,1r,v-frr- the position OF the railway
cor,narv and an appeal may be taken
iron, me decision Of the commission
80 1tDCn the same terms and condi-
lions and subject to the same reEu-
istjons and qualifications prescribed
- Tew for the condemnation OF right Z
of way for railways
So "a Upon all lands OF any (
character heretofore sold or leased by
the state i'm which the minerals or Z
mineral rights were reserved to the
state the public rree SrHooi 1unQ- uni
1-ersitv fund asylum or other fund. the
crantee or lessee. as the case may be,
shall have the prior right FOR SIX
months after date upon which this act (
shall take effect 10 prospect. locate Z
and apply for the mineral rights up
on such land heretofore sold or leased
10 him and after the expiration OF
surb six months such preference or
priority right shall cease and such
rrartee or lessee shall have no prior
or preference rights over any other
orosDector or locator.
Sec. %. The holder Of a permit a
lease a prospecting right. or any other
right acquired under this act may
.eIinouish one or more Of such permits
eases. claims or prospector's claims at
my time by filing a REIMBURSEMENT |
n the general land office after it is