14(5 STATE LAND LAWS 



SEC. 192 MINING CONTRACT. 



premises are leased to the part. . . of the second part for the 

 purposes of exploring for, mining, taking out and removing 

 therefrom the merchantable shipping ore, containing copper, 

 lead, silver, gold and other minerals, which is or which hereafter 

 may be found on, in or under said land, together with the right 

 to construct all buildings, make all excavations, openings, 

 ditches, drains, railroads, wagon roads, smelters and other im- 

 provements upon said premises, which are or may become neces- 

 sary or suitable for the mining or removal of ore containing 

 copper, lead, silver, gold or other minerals from said premises, 

 with the right, during the existence of this lease, .to cut and use 

 the timber found upon said premises for fuel, and so far also as 

 may be necessary for the construction of buildings required in 

 the operation of any mine or mines, on the premises hereby leased, 

 as also the timber necessary for drains, tramways and supports 

 for such mine or mines : Provided, however, That the part ... of 

 the second part shall have the right at any time to terminate this 

 agreement in so far as it requires the part ... of the second part 

 to mine ore on said lands, or to pay a royalty therefor, by giving 

 written notice to the party of the first part, which shall be served 

 by leaving the same with the Commissioner of Public Lands, who 

 shall officially, in writing, acknowledge the receipt of said notice 

 and the foregoing lease shall terminate sixty days thereafter, 

 and all arrearages and sums which may be due under the same 

 up to the time of its termination, as set forth in said notice, shall 

 be paid upon settlement and adjustment thereof. The party of 

 the first part further agrees that the part. . of the second part 

 shall have the right under this agreement to contract with others 

 to work such mine or mines, or any part thereof, or to sub-con- 

 tract the same, and the use of the said land or any part thereof, 

 for the purpose of mining for ore, with the same rights and 

 privileges as are herein granted to the said part ... of the second 

 part." (Laws '97, p. 294, sec. 6 ; amended, Laws '99, p. 337, 

 sec. 1 ; sec. 6787 Rem.-Bal. ; 477 sec. 283 Pierce.) 



The payment of $10.00 is required only upon the issuance of the contract, 

 and subsequent payments are to be made upon royalty basis exclusively : Opinions 

 Att'y Gen'l, '11-'12, p. 96. 



