United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1905, Part I
Reports concerning Indians in Indian territory, pp. 202-221 PDF (9.1 MB)
REPORTS CONCERNING INDIANS IN IND. TER. 213 fying allotment (this procured by this office); and In the Creek Nation, certificate of principal chief showing deilvery of deed. 3. Affidavit showing no development work by the lessee and amount of bonus paid, or to be paid, if any. 4. Affidavit of lessor made before United States Commissioner; or, in lieu thereof, statement made to the Indian agent. 5. Affidavit by lessee showing that lease was taken in good faith, for purpose of active operation, and not for speculation and resale. 6. Affidavit by lessee, if individual, showing his financial responsibility, amount of cash on hand available for mining operations, and experience in oil and gas or other business, accompanied by affidavit of bank officer showing amount deposited to his credit. Should the lessee be a corporation, the following additional papers are re- quired: 1. Certified copy of articles of association and certificate of incorporation; and, if a foreign corporation, certificate of clerk of court of appeals at South McAlester, showing compliance with Indian Territory law. 2. Evidence in the form of a single affidavit of the secretary or president of the corpo- ration, under corporate seal, showing authority of the officers to execute lease, bond, and and other papers. (See form hereafter quoted.) 3. Financial showing in affidavits covering the following points: (a) Total number of shares of the capital stock actually issued and specifically the amount of cash paid into the treasury on each share sold; or, if property was paid, state kind, quantity, and value of the same paid per share. (b) Of the stock sold how much per share remains unpaid and subject to assessment. (c) How much cash has the company In its treasury and elsewhere, and from what source it was received. (d) State the amount of cash the company has on hand available for mining opera- tions under its leases. (e) Whatproperty, exclusive of cash, is owned by the company, and its value. (f) Certificates by officers of the banks should be furnished showing the amount deposited therein to the credit and subject to the check of the company. (g) What is the total indebtedness of the company and, specifically, the nature of its obligations. (h) State what experience the officers of the company, or others connected with or employed by it, have had in the production of petroleum and gas, or other business. Where a lease covers the allotment of a minor, the same must be executed by a duly appointed and authorized guardian, and requires the following additional papers: 1. Certified copy of letters of guardianship. 2. Certified copy of order of court authorizing guardian to execute the lease. 3. Certified copy of confirmatory order of court approving the lease. 4. Affidavit of parent or guardian as to date of birth of minor, as the leases can only be made during the minority of the ward. 5. If the guardian is not the parent of the minor, an affidavit setting forth at whose request he was appointed and his relation to the minor, if any. 6. Affidavit by guardian stating the amount of bonus paid, or to be paid, in connection with each lease. So many different forms and separate papers have been prepared, showing the authority of officers of corporations to execute leases and bonds, a special form has been approved by the Department, and for convenience is quoted below: Whereas is the duly elected and qualified and acting president of a corporation duly organized and existing under the laws of -, and Whereas is the duly elected, qualified, and acting secretary of said cor- poration, and Whereas both of said persons were president and secretary, respectively, on the day of , 190-, at which time they executed an mining lease with , allottee of certain lands in the - Nation, Indian Territory: Now, therefore, I, the undersigned, of said corporation, do solemnly swear that the mining lease mentioned above was duly and regularly entered into by the officers of said corporation as named, by and under the authority of the board of directors of said corporation, and in accordance with the by-laws thereof; and further that said officers were duly authorized and empowered on behalf of the corporation named to execute any and all bonds, applications, or other papers, required in connection with said mining lease. I further certify that the action of said officers in executing the papers mentioned on behalf of said corporation, binds said corporation to a full and complete performance of any and all obligations contained therein. Dated at -, this day of , 190-. Subscribed and sworn to before me this -- day of , 190-. Notary Public. (My commission expires -. NoTE. -To be executed by secretary or president-secretary in all cases where possible, and in every case to have corporate seal affixed. Any form substantially the same as this one will be accepted. When leases are in proper form except as to financial showing, under instruc- tions, the lessees are notified to file the necessary papers within fifteen days from date of notie, I~f this requirement is ndt complied with at the expiration of this time the leases are transmitted for departmental action.
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