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and approval of this act, qualitied to lease territorial land, shall have a prefereuce right to lease said land in accordance with the terms of this act and the said Act of Congress, at a price to be fixed by the commissioner of public lands: Provided, That such person, corporation or association of persons shall file application to so lease said land within thirty days from and after the date upon which the title thereto shall have vested in said Territory, and not otherwise.
Sec. 22. Any and all persons, corporations or association of persons are hereby forbidden to in any manner occupy, enter upon or use, for any purpose whatsoever, any land belonging to the Territory of New Mexico without having tirst leased or purchased said land, or in some other manner obtained a legal right so to do from the commissioner of public lands of said
Territory in accordance with the terms of this act and the Act of Congress under and by virtue of which title thereto vests in said Territory; and any such person, corporation or association of persons who shall, from and after thirty days from the passage of this act, so occupy, enter upon or use, or continue to occupy, enter upon or use, in any manner whatsoever, any portion of said land shall be liable to prosecution and upon conviction thereof shall be punished by, a fine not exceeding two hundred ($200 00) dollars and costs nor less than twenty-five ($25.0C) dollars and costs for every such offense, and after thirty days notice from the commissioner of public lands of the passage of this act each day shall be considered a separate offense, and any such fine or fines shall be paid over by the court or clerk of said court, collecting same, to the commissioner of public lands to be credited to the funds to which the land may belong; Provided, That the commissioner of public lands is not prohibited by any of the provisions of this act, or the said Act of Congress, from awarding and granting a good and legal right for any such occupancy, entry or use to any qualitied applicant, and in the event of such prohibition any such person, corporation or association of persons shall be relieved from the penalty of this provision only, and not otherwise.
Sec. 23. When any person, corporation or association of persons hath heretofore or shall hereafter settle upon and improve any of the public lands, title to which may hereafter, subsequent to such settlement and improvement, vest in the Territory of New Mexico under and by virtue of any Act of Congress, such person, corporation or association of persons not desiring, or refusing, to lease or purchase such land in accordance with the terms of this act and the act under and by virtue of which said Territory obtains its title may remove therefrom any and all improvents of a moveable character placed thereon, and the person, corporation or association of persons becoming the lessee or purchaser of said land shall pay to such settler the reasonable value of his permanent improvements; Provided, That whenever the parties cannot agree as to the reasonable value of such improvements, the same shall be recoverable by an action of assumpsit in the district court of the proper county. But nothing herein contained shall be construed to interfere with the right of the lessee or purchaser of any such land to the immediate possession thereof, upon the completion of his lease or purchase.
Sec. 24. On territorial lands leased under the provisions of this act the improvements allowable on grazing lands held under one lease shall consist of fences, at a cost not exceeding seventy-five ($75.00 dollars per mile and the necessary corrals; on agricultural lands one hundred ($100.00) dollars per mile for exterior boundary fences and seventy-five ($75.00) dollars per mile for inside cross fences; the value of buildings and other improvements of all kinds shall not exceed six hundred ($600.00) dollars unless special permission has first been obtained from the commissioner of public lands to place improvements thereon in excess of this amount.
Sec. 25. Any lessee of territorial lands not in arrears in the payment of rental, may at the expiration or termination of his lease remove any or all of his improvements of a movable character, including buildings and fences, and he shall shall have the right to enter and remove any crops thereon; but such improvements and crops must be removed within thirty days after the expiration or termination of his lease; and if not so removed, or sold within the time limited for such removal to such person, corporation or association of persons as may procure a lease of said land, or such person, corporation or association of persons who shall remove them within thirty days after the expiration or termination of said lease, all such improvements and crops shall become the property of the Territory of New Mexico, at the option of the commissioner of public lands.
Sec. 26. The commissioner of public lands is hereby authorized, when in his judgment the best interests of the Territory will be subserved by so doing, to contract with lessees of territorial lands to develop water thereon, or otherwise permanently improve same and allow to any such lessee not to exceed two-thirds of the rental value of said land during the term of his lease in consideration for such improvements; and all improvements placed on any of said lands under the provisions of this Section shall be and remain the property
of the Territory of New Mexico for the benefit of the fund to wbich the land belongs.
Sec. 27. Any person, corporation or association of persons using, cutting or removing any timber, stone or other material from any lands belonging to the Territory of New Mexico, except as herein provided, shall be liable to) prosecution, and upon conviction thereof punished by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00), or by imprisonment for a period of not less than three months nor more than one year, and in addition to such fine or imprisonment shall forfeit and pay to the Territory an amount double the value of the material so used, cut or removed, and all moneys collected for violation hereof shall be paid to the commissioner of public lands and by him credited to the fund to which the land belongs.
Sec. 28. The commissioner of public lands is hereby authorized to sell the down, large growth and matured timber, on any of the territorial lands which are subject to sale, in accordance with the terms of this act and the Act of Congress under and by virtue of which title to said land hath hereto. fore or may hereafter vest in the Territory of New Mexico, at a price of not less than two dollars ($2.00) per one thousand feet board measure, and not less in any event than the market value in the locality where the same is situate, under such rules and regulations as he may prescribe: Provided, That no growing timber less than twelve inches in diameter, inside of bark, three feet from the butt shall be sold, and; Provided, further, That before any such sale shall take place, notice thereof shall be given by the said commissioner of public lands, for not less than thirty days, by publication in one or more newspapers in said Territory of general circulation, as he may deem necessary.
Sec. 29. The commissioner of public lands is hereby authorized to contract with persons, corporations or associations of persons of financial responsibility tu contruct irri. gation sytems for the purpose of irrigating and reclaiming territorial lands, and for the sale of the lands or any portion thereof, to be irrigated and reclaimed by reason of any such irrigation system, upon such terms and conditions as he may deem for the best interests of the Territory, not inconsistent with the provisions of this act or of the Act of Congress under and by virtue of which title to said land hath heretofore or may hereafter vest in the Territory of New Mexico; Provided, That such persons, corporations or associations of persons shall first procure water rights in accordance with the terri. torial provisions therefor sufficient to irrigate and reclaim said land.
Sec. 30. The commissioner of public lands may grant the right-of-way upon or across any portion of the territorial lands, upon such terms as he may deem for the best interests of the Territory, not inconsistent with the provisions of this act or of the Act of Congress under and by virtue of which title to said lands hath heretofore or may hereafter vest in the Territory of New Mexico, for any ditch, reservoir, rail. road, public high way, telegraph or telephone line.
Sec. 31. All money paid over to the territorial treasurer by the commissioner of public lands, derived from the leasing of School Sections 16 and 36, or lands selected as indemnity lands in lieu thereof, shall be credited by the territorial treasurer to the Common School Fund, and on or pefore the first Monday of March, June, September, and December of each year it shall be his duty to make a complete statement of all moneys applicable to the use and support of the common schools of the Territory and deliver the same duly certified to the superintendent of public instruction; and within twenty days thereafter the said superintendent shall make an apportionment of said money to the various counties according to the pro rata enumeration of school children in each county according to the latest returns from the county superintendent of schools, and shall certify the apportionment of each county to the territorial treasurer and territorial auditor, and to the treasurer and superintendent of each county, and the territorial auditor shall draw his warrant on the territorial treasurer in favor of the treasurer of each county for the amount apportioned to said county, and said money shall be apportioned and distributed in each county according to the law governing the apportionment and distribution of other school funds.
Sec. 32. All money paid over to the territorial treasurer by the commissioner of public lands, derived from the leasing of lands, or from the sale of timber thereon, in accordance with the terms of this act, other than School Sections 16 and 36, or lands selected as indemnity lands in lieu thereof, shall be credited by said treasurer to the different institutions entitled thereto and paid over to such institutions at the times and in the manner that other public moneys are paid to such institutions.
Sec. 33. The Attorney General of the Territory of New Mexico shall be the legal advisor of the commissioner of public lands, and it shall be his duty, when requested so to do by the said commissioner, to prepare and pass upon the legality of all contracts, grants, rights-of-way, easements, deeds, leases and other papers or instruments in writing relating to the leasing, sale, management and control of all
territorial lands under and in accordauce with the terms of this act.
Sec. 34. It shall be the duty of the commissioner of public lands, when requested so to do, to furnish to any and all applicants therefor, certified copies of any deed, lease, contract, grant, right-of-way, easement or other agreement in writing and on file in his office, upon payment by any such applicant or applicants of a sum of money equal to fifteen cents per one hundred words, or fraction thereof, for each and every one hundred words, or fraction thereof, contained in any such instrument or instruments, one ($1.00) dollar for certificate and seal, which shall be credited to the fund or funds entitled thereto; and any such certitied copy shall be admitted as evidence in any court in this Territory, subject to the rules of evidence in such cases provided.
Sec. 35. The cancellation of any lease of territorial land for the violation of any of the terms, covenants or conditions thereof, or the failure or refusal to pay rentals due on account of said lease, either by the lessee or his sureties, shall at the option of the commissioner of public lands serve to disqualify any such lessee or his sureties to thereafter lease any of said land.
Sec. 36. It is hereby made the duty of the Governor of the Territory of New Mexico, the Treasurer of the Territory of New Mexico, and the Commissioner of Public Lands of said Territory, acting as a commission, to immediately ascertain which bank in New Mexico will pay the highest rate of interest on the deposit of funds derived from the source mentioned in Section 4 of an Act of Congress, approved June 21, 1898, entitled “An Act to make certain grants of land to the Territory of New Mexico, and for other purposes," and deposit the same therein immediately upon the giving of a bond as now required by law for the deposit of other territorial funds, and as soon thereafter as practicable to invest all such funds, and those thereafter derived from such source, in United States securities or bonds or territorial securities or bonds issued by counties or municipalities within the Terri. tory, and the interest derived from such deposit and investments shall be expended for the purpose specified in Section 4 of said Act of Congress: Provided, That none of said funds shall be invested in any such securities or bonds bearing interest less than at the rate of three per centum per an. num.
Sec. 37. When an application to purchase any of the territorial land which is now or may hereafter become subject to sale, which has been under lease for a period of not less than five years, shall be filed in the office of the commissionerof