$5143. SECRETARY AND TREASURER DUTIES-RECORDS. SEC. 126. The secretary and treasurer shall be the financial and recording officer of said board, shall keep a true and correct account of all moneys received and expended by him, shall attest all instruments required to be signed by the president of said board, and shall keep a true and correct record of all the proceedings of said board and, generally, do all other things required of him by said board. §5144. BOARD OF REGENTS-POWERS. SEC. 127. The board of regents shall have power and it shall be their duty to enact by-laws, rules and regulations for the government of such school of mines, not inconsistent with the laws of the State; and they shall also prescribe the text books to be used, the course of study, the branches to be taught, the number of departments into which said school shall be divided and to change the same from time to time; to fix the scholastic year, provide apparatus, mineral and geological cabinets, and do all and everything necessary in and about the premises with a view to promoting the best interests of said institution. §5145. FACULTIES. SEC. 128. The immediate government of their several departments shall be intrusted to their several faculties. §5146. DEGREES AND DIPLOMAS. SEC. 129. The board of regents shall have power to confer such degrees and grant such diplomas as are usually conferred and granted by other similar schools. §5147. REMOVAL OF EMPLOYES. SEC. 130. The regents shall have power to remove any officer, tutor or instructor, or employe connected with said school, when in their judgment the best interests of said school require it. SEC. 131. Said school of mines shall be a place for instruction in the branches mentioned in section 5139, with or without charge to residents of this State, as shall be deemed best by the trustees, but non-residents shall be admitted to the privileges of such school upon such terms as the regents may prescribe. §5149. ASSAYS, ETC.-COMPENSATION. SEC. 132. The board of regents shall require such compensa tion for all assays, mill tests or other services performed by said institution as they may deem reasonable, and the same shall be collected and paid into the treasury of the school of mines for said institution, and an accurate account thereof be kept in a book to be provided for that purpose. §5150. DECLARED A STATE SCHOOL. SEC. 133. The New Mexico School of Mines shall be the State School of Mines. §5151. PREPARATORY DEPARTMENT SCHOOLS. TUITION IN STATE SEC. 134. The New Mexico School of Mines shall, in addition to the course now provided for, maintain a preparatory department. STATE LANDS. 5201 5202 5203 5204 5205 5206 5207 5208 5209 Mineral lands-leases. 5210 5211 5212 5197 How renewed-preference. Coal land-not to be sold-leases-permit to prospect. Id.-leases-renewal. Id. -Lease-tonnage-how determined. Id.-lease-additional land. Id.-lease-bond-improvements not to be mortgaged. Id.-lease-improvements-disposition Id.-lease-forfeiture. Id.-locations-area. Id.-lease-survey. Id.-location notice. of. Id. -commissioner-inspect records. Id.-lease-renewal-preference. Oil and gas lands-leases-term-rent-royalty-forfeiture Saline lands-leases-royalty. Mineral lands-how developed. Rights-of-way. Leases-grazing and agricultural-mineral reserved. Contests-rules. LEASES. SEC. 12. All lands owned by the State shall be subject to lease as provided by law. §5197. HOW RENEWED-PREFERENCE. SEC. 20. Any lessee of State lands desiring to renew his lease shall make application in writing to the Commissioner on or before the first day of August preceding the expiration of his lease; and any such lessee who has in good faith complied with all the requirements of his lease shall have a preference right to release for another term of years in accordance with the laws in force at the time of the expiration of his lease. §5201. COAL LAND-NOT TO BE SOLD-LEASES-PERMIT TO PROSPECT. SEC. 24. Lands belonging to the State and known to contain deposits of coal shall not be sold, but shall be leased by the Commissioner as hereinafter provided in this chapter. Any person, association of persons, or corporation may apply under the provisions of this chapter for an exclusive right to prospect for coal, for which purpose permit may be issued covering a specified area, conforming to legal subdivisions of not less than forty acres nor more than six hundred and forty acres, and for a term not exceeding one year, and upon such terms and conditions as the Commissioner may prescribe. §5202. Id.-LEASES-RENTAL-AREA. SEC. 25. On or before the expiration of such permit, the Commissioner may grant the applicant the right to develop and extract coal, in specified areas, for periods not exceeding five years, on such terms and conditions as are in accordance with customary methods of operation of coal mines and as will be to the best interests of the State; provided, that rental therefor shall be on a royalty basis, which shall be not less than eight cents per ton, payable quarterly. The minimum sum to be paid to the State under any such lease shall be as follows: for the first year, not less than three dollars per acre in the aggregate for the tract leased; second year, not less than four dollars per acre; and for each year thereafter during the life of the lease, not less than five dollars per acre. Any such lessee shall have a right to extend his development into, and extract coal from, any State lands contiguous or adjacent to the lands he has leased, and for such purpose a lease may be granted upon not exceeding six hundred and forty acres additional, when such additional area is tributary to the shaft, slope or other opening through which the lessee has developed or is developing the first acquired leased area, provided, that there shall not at the time be any other such lessee of such contiguous or adjacent lands. §5203. Id.-LEASE- -RENEWAL. SEC. 26. At the expiration of any such lease, the lessee shall have the preference right of renewal, subject to such laws as may be in force at the expiration of his lease. §5204. Id.-LEASE-TONNAGE-HOW DETERMINED. SEC. 27. The Commissioner may employ some competent person who shall measure the cubical contents of every opening from which coal has been extracted in every leased coal mine, and shall calculate the tonnage of coal extracted therefrom, using the specific gravity of the coal as a basis of calculation, and shall check the returns made by the lessee against such calculation, allowing a reasonable percentage for the usual losses in mining and handling the production, and shall deduct for such bands of bone or rock as may be included in the coal seam, but unfit for fuel. §5205. Id.-LEASE-ADDITIONAL LAND. SEC. 28. The Commissioner may lease to the lessee of any State coal lands a tract of State lands, adjacent or contiguous thereto, not exceeding three hundred and twenty acres, when such adjacent or contiguous lands are necessary to the development or operation of the coal lands leased, or for trackage, yards, dwellings, offices, or for any purpose incidental or necessary to the development or operation of the coal lands so leased. Any such lease shall terminate at the same time as the lease upon the coal lands. The rental for the land, prescribed to be leased by this section, shall be $3.00 per acre per annum. Provided, that should such leased land be underlain with coal, the coal therein shall be subject to lease, and the lessee first mentioned shall not hinder nor obstruct any other lessee from extracting the coal thereunder, and shall surrender so much of said premises to any such lessee as may be necessary for mine equipment or building used in the immediate process of extraction of the coal; and the later lessee shall pay damages to the earlier as same may appear, be agreed upon, or as determined by arbitration in the manner prescribed by law. SEC. 29. The lessee of coal lands shall not mortgage any improvements placed by him on said lands, and any such mortgage shall be null and void. A lease to develop and dispose of coal shall not be given un til the applicant has filed a good and sufficient bond, to be approved by the Commissioner, conditioned for the faithful performance of the terms of such lease. §5207. Id.-LEASE—IMPROVEMENTS—DISPOSITION OF. SEC. 30. On the termination of a coal lands lease, the lessee shall have the right to dispose of such buildings upon such lands as, in the opinion of the Commissioner may be safely removed without injury to the lands, but the retiring lessee shall forfeit so much of his improvements as the Commissioner may deem necessary to uphold; provided, that if the Commissioner shall, at any time thereafter lease the premises and receive payment for such improvements so withheld, the amount so received shall be paid to the former lessee. SEC. 31. Failure by the lessee to comply with the terms and conditions of any such lease, shall work a forfeiture thereof at the option of the Commissioner, as provided in this chapter with reference to other forfeitures. §5209. MINERAL LANDS-LEASES. SEC. 32. The Commissioner may execute leases and contracts for the prospecting and development of any lodes or deposits of metals or minerals in rock in place upon or in any land now belonging to the State or which it may hereafter acquire. SEC. 33. Any location upon lands of the State containing any lode or deposit of metals or minerals in rock in place shall be in the form of a rectangular parallelogram, except in case of a fractional area between prior appropriated lands, and such location shall not exceed 1500 feet in length by 600 feet in width in one lot, location or claim; and the right initiated by such location to extract metal bearing ores therefrom shall be limited by the side and end lines projected vertically downward. Provided, that for the purposes of this chapter it shall not be necessary that the angles, at the corner boundaries of such lots, locations or claims, shall be absolutely correct angles of ninety degrees, but approximately right angles, to be corrected when surveyed, but without infringing upon adjoining lots, locations or claims. SEC. 34. Before any lease shall be issued covering any min |