lished by the Constitution, has abandoned and forfeited his office, within contemplation of this act, and for the cause herein given, the Governor shall fill such office by appointment under the laws providing for filling vacancies in public offices.

5297. [Sec. 5.] Whenever the Governor shall ascertain that any public officer, whose office is established by an act of the Legislature, has given adhesion to or recognized the authority of any usurper within contemplation of this act, he (the said Governor) may declare that such officer has forfeited and abandoned his office under the Constitution, laws and government of the State, and he (the Governor) may fill the vacancy in said. office by appointment under the provisions of the Constitution and laws regulating appointments to fill vacancies.

OIL, GAS AND MINERALS.

LEASE OF MINERAL RIGHTS.

Governor May Lease Oil and Mineral Lands.

5298. [Sec. 1, Act 30, 1915, p. 62.] The Governor be and is hereby authorized to lease any lands, including lake and river beds and other bottoms, belonging to the State of Louisiana, for the development and production of oil, coal, gas, salt, sulphur, lignite and other minerals, under the terms and conditions hereinafter set forth.

Applications for Lease.

5299. [Sec. 2.] When any person, firm, association or corporation shall desire to lease, as herinafter provided, any of such lands belonging to this State, he, they or it shall make application to the Governor in writing of his, their or its desire to lease the same, giving the description or character of the land in such application, accompanying the application with a certified check for fifty dollars ($50.00) to be deposited with the Register of the

State Land Office as evidence of the good faith of such application, which sum is to be returned to the applicant should he bid for and fail to secure the lease of such land as herein provided.

Inspection by Register.

5300. [Sec. 3.] Upon receipt of application for the lease of land, subject to the provisions of this act, accompanied by the above deposit, the Governor of the State may cause the Register of the State Land Office to make an inspection of the land sought to be leased and after receiving a report from the State Land Office as to the nature and character and surroundings of such land the Governor may cause to be published in the official journal of the State and in the official journal of the parish wherein such land is located an advertisement to be published for a period of not less than fifteen days (15), setting forth therein a description of the land to be leased by the State, the time when bids therefor will be received, a short summary of the terms and conditions of the lease or leases to be executed, and, in his discretion, the royalty to be demanded should he deem it to the interests of the State to call for bids on the basis of a royalty fixed by him; provided, that if such lands be situated in two or more parishes such advertisement shall appear in the official journals of all of the parishes where such lands may partly lie.

Bids for Leases.

[Sec. 4.]

5301. [Sec. 4.] At the date and hour mentioned in the said advertisement for the consideration of bids for the said lease or leases the same shall be opened in public at the State Capital by the Governor, who is hereby vested with full authority to execute said lease or leases, to the highest bidders therefor under the terms and conditions fixed by him; provided, that no lease shall be executed for less than one-eighth (%) of the oil or other minerals produced or for less than two hundred dollars ($200.00) per year for each gas well; and provided further, that the Governor shall have the right to reject any and all bids.

Repealing Clause.

5302. [Sec. 5.] All laws and parts of laws in conflict herewith be and the same are hereby repealed; provided that nothing

herein contained shall have the effect of annulling or impairing in any way contracts of lease heretofore executed covering any such property.

Leases Heretofore Made by Governor.

5303. [Sec. 2, Act 21, 1915, p. 50.] The action of the Governor in leasing to various individuals, firms and corporations, public lands, river and lake bottoms for the production therefrom of oil, gas and other minerals, and all lease contracts so entered into, are hereby ratified and confirmed; provided that nothing in this Act shall be deemed or held to apply to any lands or lake bottoms title to which was in contest in the courts on or before May 15th, 1915.

No Injunction Against Mineral Rights Lessee.

5304. [Sec. 1, Act 29, 1915, p. 61.] The writ of injunction shall not lie in any suit brought against the lessees of the State, or the officers or employees of the State to restrain the exploitation for oil, gas, or other mineral, of lands, river bottoms, or lake bottoms, the ownership of which is in the State; but in all such cases the remedy of the plaintiff in such suit shall be confined to a demand that the product of such exploitation, or the proceeds of the sale thereof, shall be judicially sequestrated, until the rights of all persons asserting any lawful claim to such product or proceeds shall be determined.

Bonding Sequestration.

5305. [Sec. 2.] In all such cases the party defendant may release the product or the proceeds of the sale thereof from such judicial sequestration on giving a bond payable to the Clerk of the Court, with solvent and sufficient surety, in a sum equal to the value of the product or proceeds, such bond to be fixed in amount and approved by the court, and conditioned to require the defendant to account to the plaintiff only for the value of the oil at the date of its release, with legal interest from said date in the event that final judgment should be rendered in such suit against the defendant.

Order to Sell Sequestered Oil.

5306. [Sec. 3.] At any time prior to the release of oil on bond, as herein provided, the judge of the District Court in which any such suit may be pending, may on application by either party to such suit, and after due hearing, issue an interlocutory decree ordering the sheriff to sell the oil so sequestered at the highest market price then obtainable and to deposit the proceeds of such sale or sales in a separate account in such bank or banks to be designated by Court which will pay the highest rate of interest on such deposits pending the final termination of the litigation.

Mortgage of Oil Leases.

5307. [Act 232, 1910, p. 393.] Whereas, on account of the rapid development of the mineral industry in this State, mineral leases or contracts under which the lessee or grantee is granted the right or given the option, at his cost and expense, to explore and develop lands for the purpose of testing the mineral character thereof and of mining and exploring the same for oil, gas and other minerals, are becoming exceedingly numerous in this State; and,

Whereas, such industries will be encouraged and promoted by facilitating the securing of capital by those who undertake such mining operations, to the great advantage and upbuilding of the State; and,

Whereas, in a number of instances the owners of such leases and contracts, in order to secure the necessary funds to carry on such development, have mortgaged their properties to secure bonds and other indebtedness and included in such mortgages such leases and contracts.

Mining Leases May be Mortgaged.

5308. [Sec. 1.] It shall be lawful for lessees or owners of contracts under which the right to develop and explore lands for the purpose of mining for and securing oil, gas and other minerals, to mortgage such leases or contracts, together with all buildings, constructions and improvements placed and erected on such lands, or to be placed and erected thereon, and if such own

ers or lessees so desire, to issue bonds, secured by such mortgages, such bonds to be issued in such amounts, at such rate of interest and to run for such length of time, not exceeding the term of such leases or grants, as the said lessees or grantees may determine.

Legalizing Mortgages Already Made.

5309. [Sec. 2.] All mortgages heretofore executed for the purpose of securing bonds or other evidence of indebtedness, by any person or corporation, which include and are made to cover the rights and equities of the mortgagor in mineral leases or contracts, granted for the purpose of securing the development of lands for oil, gas and other minerals, are hereby validated to the extent that such leases and mineral contracts are hereby declared to be susceptible of mortgage.

Lessor's Privilege Not Impaired.

5310. [Sec. 3.] Nothing in this Act or in such mortgages as have been heretofore executed and are by this Act validated, or that may be hereafter executed by virtue of this Act, shall be held or construed in any manner to affect, diminish or destroy the lien and privilege of the lessor or grantee upon such improvements and other works for the payment of rent and the enforcement of the other stipulations of such leases or contracts.

OIL AND GAS WELLS.

Abandoned Wells Must Be Plugged.

5311. [Sec. 1, Act 190, 1910, p. 313.]

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, firm 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