New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1918-07-19
new MEXICO STATE LAND SALES

any cruise shall submit his estimate OF
the amount of the standing live timber
on the area designated to be cruised. Al
to be live timber. Such estimate shall
be so made as to show separately the
to be on each forty tt4O acre. or each
fractional sui -diyision Of any section. His
estimate shall be based on the Scribner
Decimal c Rule, or such other Log Scale
time by the United States Forestry De.
partment in this district but no allow
snce for defective timber shall be made
Commissioner. All live timber with a
diameter Of ten !QG inches or more in.
side the bark and three (2 feet from the
in his estimates. The Commis sioner shall
report. and acceptance or rejection ot
s siTf T tsi..y b ESQ., mac" dss. By 81 r ;ss e ra Uf :aes
copy, and in no event shall the timber
covered by such cruise be cut OF removed
until the amount of stumpage has been
agreed upon.
s. The Purchaser will by for a mini,
mum Of ten million u0,0Oo,000) feet OF
timber during each year beginning with
January LIST, 1919, and not less than one.
twelfth Of such minimum annual payment
shall be paid in advance on the first
day of each calendar month beginning
OCTOBER ISL. ltlo, together SIlh d pcIdlty
of Ten Dollars $1,000 per day additional
for each and every day during which
such monthly payments may be in de.
fault. In the event that the number Of
at the request OF the Purchaser in any
year after 1913, shall be less than ten
million N0,0O0,000) feet, board measure, the
difference between such minimum pay ment
and the price Of the timber SO cruised
shall be applied to reduce the payment
to 'be made for timber in excess of such
minimum amount in any future year or
years in which. at the request of the
Purchaser. an excess shall be cruised. II
the timber upon the section cruised at
the request OF the Purchaser in any one
year shall exceed ten million Go,Oo,ooO
feet, payment shall be made on December
31st of each year for such excess for
the preceding year.
&. In the event that the purchaser shall
be unwilling to accept the cruisers e.
a joint cruise shall be made at the ex-
pense of the Purchaser, by one cruiser
named by the Commissions and one named
timber TN thus determined may be taken a.
the, basis of settlement, but acceptance or
rejection OF same must be made BY the
l Purchaser within thirty C9 day: Of re-
and in no event shall the timber cover
ed by such cruise be cut or removed TN.
til the amount OF stumpage has been agreed
upon; and if the parties shall then be
unwilling to accept the amount determin-
ed by such joint cruise, the Commissioner
shall designate a scaler to be paid by the
Purchaser. who shall mark the timber to
e ssm! paid by t tGs se4ibn ssa' Decimal sna ~ e nor Ruiz .hs
Scale. or by such other Log Rule as may
United States Forest Service; and in the
for herein all of the live standing timber
more inside the bark. three 90 feet from
(O inches or more in diameter inside the
bark, three (O feet from the ground,
shall be marked for cutting; The
Purchaser shall then n pay for all such
ing. Within thirty 500 days after the
commencement Of the cutting on . sec.
ton SO marked. all timber marked and
the scaler and paid for by the Purchaser.
No deduction for defective timber or logs
shall be made in scaling or settlement.
to prevent the Commiss ioner from order
ing at HE expense a scale Of the timber
on any section or more, and upon a scale
being so ordered and made, the Purchaser
shall pay on the basis of the scale and
not on the basis Of the cruise.
The Commissioner shall designate by
markings the timber to be cut VIII n set.
Element is to be made on the basis OF
Paragraph Six (6), and all of such timber
shall be paid for by the Purchaser whether
cut or not cut.
g. The word section as used in this
contract. shall be construed to mean all
of the land in any one section which Is
owned by the State, whether q full sec
ton or otherwise.
The word "stumpage'' as used in thu.
agreement, shall be construed to mean the
amount Of timber in board feet, determin-
ed by cruise, scale. or estimate. as pro-
vided for herein.
g. The purchaser shall be entitled to
receive a deed for any of the lands cover
ed by this contracts:
a; When, payment in full for all lands
and all timber shall have been made as
have the privilege of making full payment
at any time for all the lands and timber,
and shall thereupon receive a deed in fee
simple for such lands and timber.
b. At any time after the date Of this
agreement the Purchaser shall be entitled
to a deed for all of the lands owned by
the State in any one township affected by
and timber in such township.
c. At any time after the date OF this
agreement, the Purchaser shall be entitled
to a deed for any number Of outlying
sections, or sections forming exterior
boundaries of the lands described herein,
if selection shall be made by the Pur-
airy sections running East and West or
North and South, as further explained thus;
for instance. in Township IL North, Range
either sections u and a or q, I. and &
Purchaser agrees to select, IL any,
the outlying row Of sections first and then
later to select those sections adjacent and
ship. But NO deed for such lands shall
be given by the Commissioner until all
Of such sections and the timber thereon
shall have been paid for in full. As herein
10. Before this contract 10 delivered
the Purchaser agrees to deposit with the
GSm% Ds;;a1msne as . s. IL anS i s;ss the i'' 4.
twenty: Five Thousand Dollars 02s.oo).
certified by a nationai bank: or b b nS;i r
have . capital paid in Of not less
than Fifty Thousand Dollars ($s0,0o0.), with
a surplus Of not less than one-half OF
the paid.up capital; but the Pu,eha'eI
such certified check Twenty. Five Thous-
and Dollars (s2s,Ooo.), Of United States Gov:
ernment Bonds: Only coupon bonds will
be acceptable, out the purchaser thal pc
to the interest on such bonds ~
It accrues.
The COMMISSIONS shall hold such de-
post and upon default of the Purchaser
IN the performance Of any Of the terms
Of this contract, said sum Of Twenty-Five
Thousand Dollars (s2s,oOo.) shall ihure to
he State OF New Mexico as liquidated
damages. And it is hereby expressly
greed that the amount Of damages which
shall accrue to the State of New Mexico
,y virtue Of a breach OF this contract