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or corporation shall violate any of the provisions hereof shall constitute a separate offense hereunder and subject the offender to the penalty hereby provided.

Sec. 4. This Act shall take effect and be in force after September 30, 1919.

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AN ACT amending and re-enacting Chapter 228 of the Wyoming Compiled Statutes, 1910, regulating and plugging of oil and gas wells, and providing a penalty for the violation of the same.

Be it enacted, etc.:

Sec. 1. That Chapter 228, of the Wyoming Compiled Statutes 1910, be amended and re-enacted to read as follows: (This is the Act of Feb. 21, 1905, Laws 1905, p. 127).

WASTE.

Chapter 228. It shall be unlawful for any person or corporation having possession or control of natural gas or oil well, whether as a contractor, owner, lessee, agent or manager, to allow or permit the flow of gas or oil from any such well to escape into the open air, without being confined within such well or proper pipes, or other safe receptacle for a longer period than ten (10) days next after gas or oil shall have been struck in such well. And thereafter all such gas or oil shall be safely and securely confined in such well pipes or other safe and proper receptacles.

PLUGGING ABANDONED WELLS.

Sec. 2. Whenever any well shall have been sunk for the purpose of obtaining natural gas or oil or exploring for the same, and shall be abandoned or cease to be operated for utilizing the flow of gas or oil therefrom, it shall be the duty of any person or corporation having the custody or control of such well at the time of such abandonment or cessation of use, and also of the owner or owners of the land wherein such well is situated, to properly and securely stop and plug the same as follows: If such well has not been "shot" there shall be placed in the bottom of the hole thereof a plug of well seasoned pine wood, the diameter of which shall be within one-half inch as great as the hole of such well, to extend at least three feet above the salt water level, where salt water has been struck; where no salt water has been struck such plug shall extend at last three feet from the bottom of the well. In both cases such wooden plugs shall be thoroughly rammed down and tightened by the use of drilling tools. After such ramming and tightening the hole of such well shall be filled on top of such plug with finely broken stone or sand, which shall be placed and well rammed to a point at least four feet above the gas or oil bearing rock; on top of this stone or sand there shall be placed another wooden plug at least five feet long with diameter as aforesaid, which shall be thoroughly rammed and

tightened. In case such well shall have been "shot," the bottom of the hole thereof shall be filled with a proper and sufficient mixture of sand stone and dry cement, so as to form a concrete up to a point at least eight feet above the top of the gas or oil bearing rock or rocks and on top of this filling shall be placed a wooden plug at least six feet long, with a diameter as aforesaid, which shall be properly rammed as aforesaid.

NOTE: Section 3 was amended by the Act of February 10, 1915, Laws 1915, p. 16, and the amended section reads as follows:

SWORN STATEMENT TO BE FILED.

Sec. 3. Whenever any person, persons or corporation have abandoned or ceased operating any well or wells, such person, persons or corporation shall file with the county clerk of the county in which such well or wells are located, and with the State Geologist, copies of a sworn statement setting out the manner in which such well or wells have been plugged, and the time that same were plugged, and the location of said well or wells. Said statement shall be sworn to by at least two persons who shall have assisted in the actual work of so plugging said well or wells. For each such certificate properly filed the party filing the same shall receive fifty cents to be paid by the county commissioners upon the presentation of a proper claim approved by the state geologist.

PENALTY.

Sec. 4. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and be punishable by a fine of not more than five hundred dollars ($500.00) and not less than one hundred ($100.00) in the discretion of the court, and all such fines when so collected shall be paid into the treasury of the county.

ADJOINING OWNERS MAY PLUG ABANDONED WELLS.

Sec. 5. Whenever any person or corporation in possession or control of any well in which natural gas or oil has been found shall fail to comply with the provisions of this chapter, any person or corporation lawfully in possession of lands situated adjacent to or in the vicinity or neighborhood of such well may enter upon the lands upon which such well is situated and take possession of such well from which gas or oil is allowed to escape in violation of the provisions of Section 1 hereof, and pack and tube such well and shut in and secure the flow of gas or oil, and maintain in a civil action in any court of competent jurisdiction in this State, against the owner, lessee, agent or manager of said well, and each of them jointly and severally to recover the cost and expense of such tubing and packing, together with attorney's fees and costs of suit. This shall be in addition to the penalties provided for by Section 4 hereof.

Sec. 6. This act shall take effect and be in force from and after its passage.

NOTE: This Act amends and reenacts the Act of February 21, 1905. Laws
1905, p. 127. Chap. 77. The Act contains no express repeal of the former
act, but it clearly repeals it by implication.

REVISED STATUTES, 1899.

MINERS' LIENS.

CHAPTER 4.

LIEN ON OIL LANDS.

Sec. 2875. Any owner of any oil well or spring, who shall employ any person to perform any work of any kind around, or about, any oil well or spring, either in building derricks, buildings, or any kind of machinery, or in boring or drilling, shall be deemed within the provisions of this chapter; and all persons performing labor or furnishing materials, shall have like liens upon oil territory upon which they labored or for which they furnished materials or the improvements thereon, as miners or other laborers upon, or in, mines as provided in this chapter and shall proceed in the same manner to enforce a lien. (R. S. 1887, Sec. 1493.)

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AN ACT permitting railroad companies to cross and occupy school and other lands of this state with their tracks, and for depot grounds, and to provide the manner in which title may be acquired by such companies for right of way and other necessary purposes across such land, and providing that this act shall also apply to petroleum oil companies and others as to right of way for oil purposes.

Be it enacted, etc.:

NOTE: This Act was carried into the Code of 1899 and the Code sections are given as follows:

RIGHT OF WAY OVER STATE LANDS.

Sec. 3207 (1). Any railroad corporation shall be authorized to pass over, occupy and enjoy any of the lands granted to this state for schools, university, agricultural, normal school, insane asylum, deaf, dumb and blind asylums. poor farm, miner's hospital, charitable, penal, reform and educational purposes, and all other lands of this state: Provided, That no more than one hundred feet in width from the center of the roadway survey of such corporation, on either side, shall be taken for roadway, and not to exceed twenty acres to conform to the subdivisions of the government survey, in any one tract, for each section of twelve miles of such railroad, shall be taken for station, depot grounds, machine shops, turnouts, sidetracks, ware houses and other appurtenances to a railroad; and that any railroad corporation that has surveyed or shall hereafter survey, or locate a line of its road, immediately after platting a survey of its line, and of the selection of depot grounds under this chapter, and filing such plat, duly certified by the chief engineer, or president

of such corporation, of the fact of such survey, and selection for depot grounds, duly acknowledged, with the secretary of state, and with the county clerk of the county in which such land is situated, to operate as a vested right in such corporation, from two years from the date of filing the same, shall be authorized to enter upon said lands so surveyed and selected, and construct thereon all necessary railroad track, turn tables, round houses or other appurtenances, deemed necessary for railroad purposes of such corpoation, and so soon as such railroad shall be constructed over such land so surveyed and selected, and in case of depot grounds and appurtenances, the erection of a station thereon, on proof of such fact to the satisfaction of the land commissioners, and upon paying the sum of ten dollars per acre for said lands for depot, station and work shop grounds and all grounds herein contemplated, except the one hundred feet of track way, the governor shall, by letters patent, under the great seal of the state, attested by the secretary of state, grant and convey in fee simple, to the corporation constructing such railroad, its successors and assigns, the lands selected for depot and work shop grounds, and granting to said corporation, its successors and assigns, forever, the right to use, cross and recross and occupy for the purposes aforesaid, the lands and right of way, included in the one hundred feet of trackway, included in the plat and certificate so filed with the secretary of state as aforesaid, and no subsequent grant from the state to any other person or corporation, of any tract of land, including such right of way, and selection for depot grounds so platted, and the plat thereof filed as aforesaid, though not excepted in such grant, shall divest said railroad corporation of their rights in the same under this chapter: Provided, further, That the damages accruing to any occupant or owner, or other person who may reside, or have improvements on said land, previous to the filing of said surveyed plat, shall be determined and paid by such railroad company, as in cases of damages for taking lands of private persons.

LANDS HERETOFORE TAKEN MAY BE ACQUIRED.

Sec. 3208 (2). Any railroad company which may have prior to January 9, 1891, taken any of the lands of this state for right of way, and depot grounds shall, upon filing a plat and survey thereof, with the secretary of state, and payment for depot grounds as provided in the preceding section, be entitled to a conveyance by letters patent, by the governor, conveying in fee the lands for depot grounds, and granting forever to such railroad company, its successors and assigns, the right to take, use, occupy and enjoy for its railroad purposes, the lands so taken for right of way, for tracks and roadways: Provided, That in addition to the filing of such survey and plat, proof, to the satisfaction of the land commissioners, shall be made of the construction of such railroad across the land, and the erection of a station on the lands claimed for depot grounds.

APPLICABLE TO OIL COMPANIES.

Sec. 3209 (3). The last two preceding sections shall also apply to all petroleum oil corporations, companies and individuals, for the right of way ten feet wide, through the school and other lands, over which the state has control, for the purpose of carrying oil through pipes, also land for pump stations, tanks and other buildings, necessary to conduct the oil product of the wells of Wyoming.

TAXATION.

GROSS PRODUCTS.

LAWS 1903, P. 101.

FEBRUARY 21, 1903.

AN ACT providing for the taxation of the gross product of mines and mining claims in addition to the tax on the surface improvements, and in lieu of taxes on the lands thereof.

Be it enacted, etc.:

*

NOTE: Sections 1, 2, and 3 of the act were amended by the Act of February 8, 1917, and are given as follows:

LAWS 1917, P. 9.

FEBRUARY 8, 1917.

AN ACT to amend and re-enact sections 2449, 2450, and 2451 of Chapter 164, Wyoming Compiled Statutes, 1910, and to provide for the taxation of the output of Natural Gas. (Secs. 1, 2, and 3 of the Act of February 21, 1903.)

Be it enacted, etc.:

Sec. 1. That Sec. 2449 of the Wyoming Compiled Statutes, 1910, (Sec. 1, Act of February 21, 1903), be amended and reenacted to read as follows:

GROSS PRODUCT-RETURN FOR ASSESSMENT.

"Sec. 2449. The gross product of all mines and mining claims from which gold, silver and other precious metals, soda, saline, coal, petroleum, or other crude or mineral oil, or natural gas, or other valuable deposit is, or may hereafter be produced while the same are being worked or operated, but not while the same are simply in the course of development, shall be returned by the owner, owners, lessee, or operator thereof for assessment for taxation, assessed for taxation, and taxed in the manner provided for in this chapter, and such tax shall be in addition to any tax which may be assessed upon the surface improvements of such mines or mining claims, and in lieu of taxes upon the land of such claims while the same are being worked or operated."

Sec. 2. That Sec. 2450 of the Wyoming Compiled Statutes, 1910, (Sec. 2, Act of February 21, 1903), be amended and re-enacted to read as follows:

RETURN OF BY OWNER-SWORN STATEMENT.

"Sec. 2450. The owner, owners, lessee or operator of mines or mining claims from which gold, silver, and other precious metals, soda, saline, coal, petroleum, or other crude or mineral oil, or natural gas, or other valuable deposits, is produced, but not while the same are simply in the course of development, shall, not later than the second Monday in January in each and every year, file with the state board of equalization a sworn assessment schedule statement setting forth the gross product in tons, gallons, or thousands of cubic feet, as the case may be, of such mine or mineral claim during the calendar year expiring immediately preceding the first day of January of the then current year. If the return aforesaid be not received by the second Monday in January, as herein provided for (,) or if received and the state board of equalization shall believe that the return is not full, complete and correct, it shall be the duty of said board to proceed to obtain the facts and information aforesaid in any manner that may appear most likely to secure the same.”

Sec. 3. That See. 2451 of the Wyoming Compiled Statutes 1910, (Sec. 3, Act of February 21, 1903), be amended and reenacted to read as follows:

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