Contract. 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-contract the same, and the use of said land, or any part thereof, for the purposes of mining for iron ore, with the same rights and privileges as are herein granted to the said part.. of the second part. The part.. of the second part, in consideration of the premises, hereby covenants and agrees to and with the party of the first part, that the part.. of the second part will, on or before the twentieth (20th) day of April, July, October and January in each year, during the period herein before stipulated, or during the period this contract continues in force, pay to the treasurer of the state of Minnesota, for all the iron ore mined and removed from said land during the three (3) months preceding the first (1st) day of the month in which payment is to be made, as aforesaid, at the rate of twenty-five (25) cents per ton, for all iron ore so taken out, mined and carried away, each ton to be reckoned at twenty-two hundred and forty (2240) pounds. The part.. of the second part, at the time of such payment, shall transmit to the commissioner of the state land office an exact and truthful statement of the amount of iron ore removed during the three (3) months for which such payment shall be made. The iron ore so taken by the part.. of the second part from said land, shall be weighed by the railroad company transporting the same from said land; which weight shall determine the quantity as between the parties hereto. Said part.. of the second part shall furnish the commissioner of the land office monthly statements showing the aforesaid weights; the right, however, is hereby conceded to the party of the first part, by its duly authorized agents, to inspect, review and test the correctness of said railroad company's scales and weights at any time, and in such manner as may seem proper to adopt, it being understood that any errors in these respects, when ascertained, shall be cognizable and corrected. The part.. of the second part agrees to pay all taxes, general or specific upon the land so leased, which may be assessed either against said land and the improvements thereon, or the iron ore product thereof, or any personal property at said mines, during the continuance of this lease; just the same as though the lands herein leased were owned in fee by the said part.. of the second part; and at the termination of this lease to quietly and peaceably surrender the possession of said land to the party of the first part. The part.. of the second part further covenants that within five (5) years from the completion of a railroad within one (1) mile of said land there shall be mined and removed therefrom at least one thousand (1,000) tons of iron ore, and at least five thousand (5,000) tons shall be annually thereafter mined and removed therefrom, and in case the said part.. of the second part shall not annually re- Contract. move from said land the five thousand (5,000) tons of ore as above stipulated, the part.. of the second part shall pay into the treasury of the state of Minnesota a royalty of twenty-five (25) cents per ton on five thousand (5,000) tons, which payment shall be made quarterly as above specified. Provided, further, that up to the time when the first one thousand (1,000) tons of iron ore is required to be mined and removed, as hereinbefore specified, there shall be annually paid into the treasury of the state of Minnesota by the part.. of the second part the sum of one hundred dollars ($100), which payment shall be made on or before the first (1st) day of August of each year. It is mutually understood and agreed that upon the termination of this agreement, whether by the acts of the parties, or either of them, or by limitation, the part.. of the second part shall have ninety (90) days in which to remove all engines, tools, machinery, railroad tracks and structures erected or placed by said part.. on said land, but shall not remove or impair any supports placed in the mines, nor any timbers or frame work necessary to the use and maintenance of shafts or other approaches to the mines or tramways within the mines. The part.. of the second part shall open, use and work the said mines in such manr er only as is usual and customary in the skillful and proper mining operations of similar character when conducted by the proprietors themselves on their own lands, and so as not to do, cause or permit any unnecessary or unusual permanent injury to the same, or inconvenience or hindrance in the subsequent operating of the said mine, and in the working of said mine, the part.. of the second part shall deposit all earth, rock and other useless material or rubbish at such places and in such manner as will not conflict with or embarrass the future operating of said mines. The party of the first part expressly reserves to itself (and the part.. of the second part assents thereto) the right, by its duly authorized agents, to enter into and upon the above described premises and any part or parts thereof, at any time or times, to inspect and survey the same, and measure the quantity of ores that shall have been mined or removed therefrom, not unnecessarily or unreasonably hindering or interrupting the operations of lessees. The covenants, terms and conditions of this lease shall run with the land and be in all respects binding and operative upon all sub-lessees and guarantees under the part.. of the second (2nd) part. It is further provided that the present lease is granted upon the express condition that if said royalty or any part thereof, be and remain unpaid after the days and times herein specified, and if the same remain in default for a period of sixty (60) days, or in case the part.. of the second part fail to keep and perform any of the covenants or conditions herein expressed to be kept and performed by said part.. of the second part, then and from thenceforth and in either of those events, it shall be lawful for the party of the first part, at its own option, to take possession of the said leased premises, with or without any previous notice or process whatever, to reenter, and the same to have and possess again as fully and completely as though no lease had been given to the said part..of the second part, and they and all parties claiming under them shall be wholly excluded therefrom. The part.. of the first part reserves, and shall at all times have, possess and hold a lien upon all ore mined, and on all improvements made on said premises by the part.. of the second part for any unpaid balances due on this contract. The part.. of the first part reserves the right to grant to any person or corporation the right-of-way necessary for the construction and operation of one or more railroads over or across the land herein leased, without let or hinderance from the part.. of the second part; but such railroad or railroads shall not manifestly or materially interfere with the mining operations carried on on said premises. SEC. 5. All payments under this act shall be made to the state treasurer on the order of the state auditor, and shall be credited to the permanent fund of the class of land to which it properly belongs. SEC. 6. The land commissioner is hereby authorized and empowered, in case the lessee under any lease hereintofore provided for fails or neglects to fully comply with all the conditions and covenants of such lease, to at once enter upon the premises described in such lease and take possession of the same, any rule of law or equity to the contrary notwithstanding. SEC. 7. Should copper or any other valuable mineral be discovered on land and leased as heretofore authorized, the terms and conditions on which the same may be mined, shall be agreed upon by the state land commissioner and the lessee, and in case they are unable to agree, then each shall choose a referee-the two (2) persons thus selected shall choose a third. The decision of said board shall be final and binding on the parties in interest. SEC. 8. The state land commissioner is hereby authorized to lease state lands for hay or grass privileges, subject to such restrictions as he may prescribe; provided that no such lease shall be for more than one (1) calendar year. SEC. 9. Whenever state lands situated in the counties of St. Louis, Lake and Cook are sold, for which contracts or patents are issued, it shall be proper for the land commissioner of the state land office to indorse across the face of х such contracts or patents the following words: "All mineral rights reserved to the state." The effect of such indorsement shall be to reserve to the state all mineral rights. SEC 10. This act shall take effect and be in force from When act to and after its passage. Approved April 24, 1889. take effect. CHAPTER 23. [H. F. No. 861.] AN ACT TO VALIDATE CERTAIN CONVEYANCES HERE- Be it enacted by the Legislature of the State of Minnesota: legalized in certain cases. SECTION 1. In all cases when deeds or conveyances Conveyances have heretofore been made of lands or interests in lands in this state, to any person or persons or to any church or congregation or to the trustees of any church or congregation of the evangelical association of North America in trust to be used, maintained, kept and disposed of as a place of divine worship or for the purpose of residence for the minstry for the use of the ministry and membership of any such church or congregation of the evangelical association of North America, such deeds or conveyances are hereby declared legal and valid and the legal title or interest in such land shall be deemed vested in such person or persons and trustees. Provided, that when any of such lands have been occu- Proviso. pied by any church organization of the evangelical association of North America for the term of five (5) years, such church organization under whatever name shall be deemed the equitable owner thereof and such lands shall not be disposed of without the consent of the board of trustees representing such church organization. SEC. 2. This act shall take effect and be in force from When act to and after its passage. take effect. Approved April 24th, 1889. Conveyances legalized in certain cases. Proviso. Register deeds When act to take effect. CHAPTER 24. [H. F. No. 186.] AN ACT TO LEGALIZE CERTAIN CONVEYANCES OF LAND Be it enacted by the Legislature of the State of Minnesota. SECTION 1. That no deed or conveyance of land within this state heretofore executed, either under the laws of the territory of Minnesota or under the laws of the state of Minnesota, or under the laws of any state or territory, shall be deemed invalid by reason of not having the signature of any subscribing witness thereto, and the power of attorney of the person or persons executing the same is not attached thereto and the same has been executed for more than twenty (20) years, but they are hereby legalized and made valid, as though executed in all respects in accordance with the laws of said territories or states, and if otherwise properly acknowledged and executed, shall be entitled to be recorded in the office of the register of deeds of the county where said land is situated the same as though it had the signatures of two (2) subscribing witnesses, and the record thereof shall be as effectual for all purposes as though said deed or conveyance had been executed with two (2) subscribing witnesses and the power of attorney of the person executing the same or any part thereof was attached thereto. Provided, that nothing herein contained shall in any manner effect the rights or title of any bona fide purchaser without notice for a valuable consideration of any such real estate prior to the passage of this act, and shall not apply to or effect any action or proceedings now pending in any court of this state. SEC. 2. The register of deeds of said Mower county is hereby authorized and directed to record said indenture or deed in the records of said county as fully and with the same effect as though duly witnessed and in all other respects duly executed. SEC. 3. This act shall take effect and be in force from and after its passage. Approved April 23, 1889. |