SEC. 4. Where State lands have been sold heretofore, or may be sold hereafter on any deferred payment plan under contract containing a reservation to the State of the minerals therein contained and before the payment of the total purchase price, such land shall have been leased for mineral purposes as in this act provided; or where before the payment of the full amount of the purchase price shall have been made or patent issued, the land shall be known, classified or reported as mineral lands, or where by reason of proximity to known mineral lands or productive oil or gas wells, the commissioner of public lands shall deem such lands to be of probable mineral character and valuable as such, he shall make proper notation on the records of his office, designating the said lands as mineral lands. The commissioner of public lands is hereby authorized to issue to the purchaser of any such mineral lands or lands so classified as mineral, upon full payment of the purchase price according to the terms of the contract, a limited patent only, which shall contain reservation to the State of New Mexico of all the minerals in the said lands, together with the right to the State or its grantees, to prospect for, mine and remove the same; and such lands shall, notwithstanding the issuance of such patent, be subject to lease under the provisions of this act:

Provided, That no lease for such lands shall be issued and no person shall be authorized to prospect for, mine or remove any minerals until an indemnity bond shall be given or waiver of the same filed, as set forth in section 3 of this act.

SEC. 5. All laws or parts of laws in conflict herewith are hereby repealed, and this act shall be in force from and after its passage and approval.

SEC. 6. That it is necessary for the preservation of the peace, health and safety of the inhabitants of the State of New Mexico that the provisions of this act shall become effective at the earliest possible date, and hereby an emergency is declared to exist and this act shall be enforced and in effect from and after its passage and approval.

PIPE LINES.

EMINENT DOMAIN-RIGHT OF WAY-PROCEDURE.

LAWS 1919, P. 223.

CHAPTER 109.

MARCH 17, 1919.

An ACT to amend sections 3481, 3482, 3483, 3484, 3486, and 3487 of the 1915 Codification of the Laws of New Mexico Relative to Rights of Way.

Be it enacted, etc.:

SEC. 1. That section 3481 of the 1915 codification of the laws of New Mexico be, and the same is hereby, amended so as to read as follows:

or oil-well owners, corporation for the purpose of transportreduction works of of such

oil-well owner

oil

*

*

to *
loading for shipment

*

or for the purpose of transporting or conveying

to or from any

*

pipe line,

rondemnation and payment of damages.

reduction works, shall have a right of across the lands of other persons by

SEC. 2. That section 3482 of the 1915 codification of the laws of New Mexico, , and the same is hereby, amended so as to read as follows:

SEC. 3482. In order to acquire said right of way, the applicant or applicants shall give ten days' notice in writing, to be served by a sheriff or constable

to each person owning or having any claim upon the lands to be crossed by the * * * pipe line, * * that the applicant will file, before the judge of the district court of said county wherein the land lies, an application to condemn a right of way over such person's lands.

SEC. 3. That section 3483 of the 1915 codification of the laws of New Mexico, be, and the same is hereby, amended so as to read as follows:

*

*

SEC. 3483. The application shall set out the full name or title of the applicant or applicants and describe the location of the mine or mines, or oil well, mill or mills, he, it or they are operating or intend to operate, and a description as near as possible of the lands to be crossed by said pipe line and said application shall be accompanied by a plat showing the location and position of said mine or mines, or oil well, mill or mills, and the lands over which said # * * pipe line, * * shall run, and the course and width of

*

*

the ground necessary to be condemned and the facts showing the necessity for such * * * pipe line. And for the purpose of making and preparing the plat aforesaid, such mine or well owner or well owners,

* * * or his, its or their agents, shall have the right to go upon the lands of any other persons and make all necessary surveys, measurements and investigations.

SEC. 4. That section 3484 of the 1915 codification of the laws of New Mexico, be, and the same is hereby, amended so as to read as follows:

SEC. 3484. Upon the presentation of said application to the judge of said court, he shall at once order and make the appointment of three commissioners to assess the damages; the commissioners shall be householders of the county wherein the property is situate, and shall make oath upon their appointment before any official authorized to acknowledge deeds in the State, that each of them is worth the sum of $2,500.00 over and above all just debts, liabilities and exemptions by law, and said commissioners shall not be of the neighborhood of the mine or mill to be worked or operated.

SEC. 5. That section 3486 of the 1915 codification of the laws of New Mexico, be, and the same is hereby, amended so as to read as follows:

SEC. 3486. The said commissioners shall view the ground and determine the amount of damages due to each owner or claimant or claimants, and assess said damages and report the same in writing to the said judge of said district court; that the said court shall at once examine said report and hear any objections made thereto in writing sustained by evidence to be submitted at such hearing, or by written affidavits; notice of filing said affidavits must be given to the opposite party with copies of the affidavits ten days before the date of filing the same. Whereupon the judge of the court shall, in his discretion, either confirm, modify, or reject the report of said commissioners. If said report of said commissioners be confirmed or modified by the judge, and all costs and damages paid by applicants the judge shall issue an order, attested by the clerk of his court, commanding the sheriff of said county to put the applicant in possession of said right of way as shown in said plat, for executing which, said sheriff shall be allowed $5.00 and his mileage.

* *

SEC. 6. That section 3487 of the 1915 codification of the laws of New Mexico be, and the same is hereby, amended so as to read as follows: SEC. 3487. In grading for said if any ore is found, the applicant shall carefully throw it aside in a separate pile or piles and not mix it with other dirt or débris.

pipe line

CONSOLIDATED LAWS OF NEW YORK, SUPPLEMENT 1919, P. 236.

308. Plugging abandoned oil wells.

Whenever any well shall have been put down for the purpose of exploring for and producing oil or gas, upon abandoning or ceasing to operate the same, the owner or operator shall, for the purpose of excluding water from the oil or gas-bearing rock, and before drawing the casing, fill up the well with sand or rock sediment to the depth of at least twenty feet above the third sand or oil-bearing rock, in case of an oil well, or any gas-bearing rock, in case of a gas well; and in case of an oil well, drive a round, seasoned wooden plug, at least two feet in length, equal in diameter to the diameter of the well below the casing, to a point at least five feet below the bottom of the casing, and whether an oil or gas well, immediately after the drawing of the casing, shall drive a round, wooden plug into the well at the point just below where the lower end of the casing shall have rested, which plug shall be at least three feet in length, tapering in form, and to be of the same diameter at the distance of eighteen inches from the smaller end as the diameter of the well below the point at which it is to be driven; and after it has been properly driven, shall fill in on top of same with sand or rock sediment to the depth of at least five feet: Provided, however, That this section shall not prevent the use of any such well for the operation known as "flooding," in lieu of plugging, if such flooding be done according to the recognized proper methods, and if the owner or operator of the well shall have filed with the clerk of the town in which the well is situated, when the taking of oil therefrom has ceased, a statement in writing that the well, to be designated with common certainty, is reserved for purposes of flooding, and if such owner or operator shall have begun, in good faith, the flooding of such well within three months after the taking of oil therefrom has ceased. (Amended by L.

1919, ch. 252, in effect April 17, 1919.)

PIPE LINE COMPANIES.

INCORPORATION-EMINENT DOMAIN-OPERATIONS-REGULATIONS.

MISCONDUCT OF OFFICERS.

OFFENSES BY CORPORATIONS.

INCORPORATION-EMINENT DOMAIN-OPERATIONS-REGULA

TIONS.

CONSOLIDATED LAWS OF NEW YORK, VOL. 8 (2D ED.), 8978, P. 8989. Laws 1909, ch. 219. "An ACT in relation to transportation corporation excepting railroads, constituting chapter sixty-three of the consolidated laws." (In effect April 21, 1909.)

CHAPTER LXIII OF THE CONSOLIDATED LAWS.

TRANSPORTATION CORPORATIONS.

LAW.

ARTICLE VI.

PIPE LINE CORPORATIONS.

SEC. 40. Incorporation.

Twelve or more persons may become a corporation for constructing and operating for public use, except in the city of New York, lines of pipe for conveying or transporting therein petroleum, gas, liquids or any products or property, or for maintaining and operating any line of pipe already constructed and owned by any corporation, person or persons, except in such city, for the public use, by making, signing, acknowledging and filing a certificate stating the name of the corporation, the number of years it is to continue, the places from and to which it is to be constructed or maintained and operated, its length as near as may be, the name of each county through or into which it is to be constructed; the amount of its capital stock, which shall not be less than fifteen hundred dollars for every mile of pipe constructed or proposed to be constructed, and the number of shares of which it shall consist; the number of directors not less than seven, and the names and places of residence of the directors for the first year, and the place of residence of each subscriber and the number of shares he agrees to take in such corporation, which must in the aggregate equal ten hundred and fifty dollars for every mile of pipe constructed or proposed to be constructed, and twenty-five per centum of which must be paid in cash. Such certificate shall have indorsed thereon or appended thereto and as a part thereof, an affidavit made by at least three of the directors named therein that at least ten hundred and fifty dollars of stock for every mile of line proposed to be constructed or maintained and operated has been in good faith subscribed, and twenty-five per centum paid in money thereon, and that it is intended in good faith to construct or to maintain and operate the line of pipe mentioned in such certificate, and that such corporation was not projected or formed with the intent or for the purpose of injuring any person or corporation, nor for the purpose of selling or conveying its franchise to any person or corporation, nor for any fraudulent purposes. (Former Transportation Corps. L. (L. 1890, ch. 566), sec. 40; originally revised from L. 1878, ch. 203, secs. 1, 2, 4, 5.)

Sec. 41. Location of line.

Every such corporation shall before commencing the construction of its pipe line in any county, or any proceeding for the condemnation of real property, plainly and distinctly mark and designate the line adopted and located by it by a line of stakes consecutively numbered and equally distant, and not more than twenty rods from each other, so that each line can be definitely known and ascertained in all places, and make a map and survey of the route so located and staked out, and shall indicate thereon plainly the points where such route crosses each parcel of land to which it has not acquired title by agreement and shall cause such map and survey to be certified by the president and engineer, and filed in the office of the clerk of the county into or through which the line so located and mapped passes, and shall give to the owner or occupant, if he is known or can be ascertained, of every parcel of land through which such route passes, the title to which has not been acquired by purchase, written notice of the filing of such map and survey, stating that such route passes over or across such owner's or occupant's lands, and that the route thereof is indicated thereon by such line of stakes. Any occupant or owner of such lands feeling aggrieved by the proposed location may, within fifteen days after the service of such notice give ten days' written notice to the corporation, by service upon the president, engineer, or any director thereof, and to the owner or occupant of any lands to be affected by the alteration to be proposed by him, of the time and place of an application to be made by him to a special term of the supreme court in the judicial district in which the lands are situated for the appointment of commissioners to relocate such line. If upon the hearing the court shall consider that sufficient cause exists therefor, it shall appoint three disinterested persons commissioners to examine the route located and the proposed alteration thereof, and direct the mode of proceeding, who shall report to the court the facts relating thereto and their opinion as to the proposed alteration, and what, if any, alteration should be made in such line, and the court shall thereupon make such order as it shall deem proper in relation to such alteration, and determine the location of such line, and fix and adjust the costs, fees and charges of the commissioners, and the costs and charges of the proceedings, and direct by which party the same shall be paid, and may enforce payment thereof by proceedings as for a contempt of court, for refusal to pay costs directed to be paid by an order of the court, and such order shall be final as to the location of the line upon the lands embraced therein. Such corporation shall not commence the work of Constructing or laying its line of pipe, or institute proceedings for the condemnation of real property, in any county, until after the expiration of fifteen days from the service by it of the notice herein required, nor until all applications for a relocation of its line in such county, if any are made, have been finally deter mined. (Former Transportation Corps. L. (L. 1890, ch. 566), sec. 41; originally revised from L. 1878, ch. 203, sec. 23.)

Sec. 42. Condemnation of real property.

In case such corporation is unable to agree for the purchase of any real estate required for the purposes of its incorporation, and its line of pipe in the County in which such real estate is situated has been finally located, it shall Lave the right to acquire title thereto by condemnation, but such corporation shall not locate or construct any line of pipe through or under any building, dooryard, lawn, garden or orchard, except by the consent of the owner thereof in writing duly acknowledged, nor through any cemetery or burial ground, nor within one hundred feet of any building, except where such line is authorized by public officers to be laid across or upon any public highway, or where the same is laid across or upon any turnpike or plank road. No pipes shall be laid