New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1918-05-31
new MEXICO STATE LAND SALES


woodsman shall have police power and re;
timber .ial r', covered 81 is''s III: Contract GO rae ''"'' '"'
4. The unit area for cruising shall b.
one or more sections at my one ,cruis.
ing. The cruiser on the completion o.
any cruise shall submit his estimate Of
on the area designated to be .cruised; Al!
,t"'I Sc 1--WE 1--WE" .lsm nisa '' Such '": Estimate nj a'. .hsi1
be SO made as to show separately the
to be on each iorty i40 acres OF each
fractional sub. division Of any section. His
estimate shall be based on the Scribnei
Decimal C Rule. or such other Log Scale
Rule as q: M, may ,r Dc sdG g,s.e, from Fo1e, t,%e De- tc
paftment in this district but no allow
ance for defective timber shall be made
by the cruiser in his estimates and such
estimate report shall be filed with the
side the bark and three CD feet from the
ground shall be included by. the cruise,
in his estimates. The Commissioner shall
furnish to the Purchaser . cop g. such y
same must BE- made by the purchaser
copy. and in no event. shall the timbe,
covered by such cruise be cut or removed
until the amount Of stumpage has been
agreed upon.
S. The Purchaser will pay for = mini;
timber during each year beginning with
January LIST, 1919, and not less than one
twelfth of such minimum annual payment
day of each calendar, month; beginning
October LIST. 1913, together with a penalty
Of Ten Dollars $1,000 per day additional
for each and every day during which
faut. In the event that the number Of
feet Of timber on the sections cruised
at the request Of the Purchaser in any
year after 1918, shall be less than ten
difference between. such minimum payment
shall be applied to- reduce the payment
to be made for timber in excess of such
minimum amount in any future year or
Purchaser. an excess shall be cruised. II
the timber upon the section cruised at
the request o{ the Purchaser in any one
year shall exceed ten million N0,OOO,0 OO
feet. payment shall be made on December
the preceding year.
s. In the event that the purchaser shall
be unwilling to accept the cruisers es-
Inmates as basis for payment for the timber.
a joint cruise shall be made at the ex-
named by the COMMISSIONS and one named
by the Purchaser. and the amount OF
timber thus determined may be taken as
the basis Of settlement. but acceptance or
of same must be made by the
Purchaser within thirty (30l days of re.
ceipt Of copy of report OF joint cruise,
and in no event shall the timber cover
ed by such cruise be cut or removed un,
upon; and if the parties shall then be
unwilling to accept the amount determin-
ed by such joint cruise, the ssioner
shall designate a scaler to be paid by the
Purchaser, who shall mark the timber to
be eemI paid i'd for s snd ssalf 6.: and measure sur p the
then be in use in this district by the
States Forest Service; and in the
event of a scale being had as provided
a diameter Of ten o9 inches or
the ground, on any section shall be seal
ed and paid for. All live trees ten
,Col, inches or more in diamete, inside the
shall be marked for cutting. The
Purchaser shall then pay for all such
timber as determined by said scale and mark
ing. Within thirty (3O days after the
msneems Of sig df g, 90 months months o from tn. the
ton SO marked. all timber marked and
uncut shall be measured and estimated by
The scaler and paid for by the Purchaser.
No deduction for defective timber or logs
shall be made in scaling or settlement.
:. Nothing herein contained shall operate
to prevent the Commissioner from order.
Ing at his expense q 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 when set.
Paragraph Six. TO-, and all OF such timber
shall be paid for by the Purchaser whether
Tut or not cut.
shall be construed to mean all
II the land in any one section which is
'wned by the State, whether a full sec.
ion or otherwise. n
The word "stumpage" as used in this
lgreement, shall be construed to mean the
OF timber in board feet, determin.
d by cruise, scale. or estimate. as pro.
ided for herein.
eceive a deed for any Of the lands cover.
d by this contract:
a; When payment in full for all lands
for herein; but the Purchaser shall
AVE the privilege OF making full payment
I any time Tor all the lands and timber, |
nd shall thereupon receive a deed in fee
ior such lands and timber.
b. Al any time alter the date OF this
greement the Purchaser shall be entitled
o a deed for all OF the lands owned by
he State IN any one township affected by
his con'ract upon full payment for lands
nd timber in such township.
c. AT any time after the date of this
greement, the Purchaser shall be entitled
} a deed for any number Of outlying
eetions, or sections forming exterior
selection shall be made by the Pur.
haser SO as to clean up a line OF bound.
ny sections running East and West or
orth am south, as further explained thus:
'r instance IN Township u North, Range
West. the Purchaser must select first
her sections II and "a or 2, !. and 6.
he Purchaser agrees TO select. If any,
&c outlying row OF sections first and then
ter to select those sections adjacent and
MP. But no deed for such lands shall
: given by the Commissioner until all
such sections and the timber thereon
iali have been paid for in full, as herein
10. Before this contract is delivered
lie Purchaser agrees to deposit with the
1mmissioner, as a guarantee for the faith
j performance OF all and singular the
rms hereof, a check in the sup of
venty. Five Thousand Dollars (S25,OOO.),
rtified by a national bank, or banks. in
e State of New Mexico, each Of which !
Iali have a capital paid in of not less
an Fifty Thousand Dollars (s5O,OOO.), with
surplus Of not less than one-half of
e paid-up capital; but the Purchaser
ch certified check Twenty Five Thous. J
ID Dollars ? 5,000.), Of United States Gov. I
nment Bonds. Only coupon bonds will I
acceptable. but the Purchaser shall be !
titled TO the interest on such bonds as Z
accrues. S
The Commissioner shall hold such de- I
sit anil ,tpon Jef,,f, ~ ,Lo D,,..L..- "A