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

before provided. The permit or lease
shall contain the terms upon which il
is issued and such other matters as
the commissioner may deem important
o. the rights OF the state or applicant
should a permit or lease be issued up
On statement by the applicant OF
applicants, or either of them which is
false or untrue IN any material fact,
the COMMISSIONS may cancel such per
init or lease Wnen sufficiently IN
formed as 70 sucn false or untrue
statements
Sec l. Should the owner of a per
init Iau or refuse TO proceed with
reasonable diligence In a bona tide et-
fort to 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
effort TO develop, operate ana put out
the product OF producing well Of
petroleum oil or natural gas at any
time durinE the life of a lease. the
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 in
cluded therein shall be subject to the
application of another than the fOrfcI.-
ins owner, in the same manner as III
the first instance; provided should
lease covering producing Well be
Z
such area or part thereof may be
made direct 10 said COmmi sSlOner, and
a copy of such lease shall be filed
in the office OF the county clerk
Sec IS. 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-
o.
shall file with the clerk of the county
in which the land is situated his dD-
plicatIOu covering not more than 1860
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 e.
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 so days after the !
granting of said permit, begin to pros
pect for coal and Ignite and shall I
within 10 months thereafter sink a
shaft 6NS feet to coal or Ignite drive I
tunnel in said coal or Ignite to a (
distance Of 20 yards, and shall crib Z
said shaft and prop said tunnel in I
to be furnished by mine inspector of I
this state, and shall, within 90 days I
thereafter, begin to mine said coal or
Ignite, and shall continuously mine I
same provided same be situated with
in two miles Of any railroad; but il /
said coal or Ignite be situated more /
than two miles from any rOalrOad then {
said lessee shall be allowed five years I
within which to begin to mine said
coal and Ignite; provided. that in .he I
last named contingency the said five
years shall not be reckOued as any
part OF the time covered by said J
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 to the state
monthly and same shall be ac-
compauied by a sworn statement OF /
the lessee showing the number of tons
SO mined as we'll as the number of
tons sold; provided. further. that the Z
royalties herein provided shall sfter I
the third year Of operation of said I
mine, equal a minimum of S4.0O Der Z
acre for each and every acre covered /
by said lease. said mine shall be 4
kept in continuous operation barring |
strikes. Iockouts fires. floods and I
other accidents over which the lessee
has no control; provided, further. that |
said lessee shall not DE required 10 I