Chap. 472.—An ACT to provide that in certain cases it shall be prima facie pre-
sumed that no minerals, coals, oils, or ores exist in or on certain lands situated
in the non-mountainous regions of this Commonwealth, having an elevation
not in excess of six hundred feet above sea level, and for the extinguishment in
certain cases of the claim to undiscovered or exhausted minerals, coals, oils
or ores in such land. (H B 174]

Approved March 22, 1924.

1. Be it enacted by the general assembly of Virginia, That in any
case where a claim to minerals, coals, oils or ores in, on or under non-
mountainous land in this Commonwealth having an elevation not in
excess of six hundred feet above sea level, or the nght to enter such
land for the purpose of exploring, mining, boring and sinking shafts
for such minerals, coals, oils, or ores, is derived or reserved by any writ-
ing made fifty years or more prior to the institution of the suit herein-
after mentioned, and (a) said right to explore or mine has not for a
like period been exercised, and for a like period the person or persons
having such claim or right have never been charged with taxes thereon
but all the taxes on the land have been charged to and paid by the person
or persons holding the land subject thereto, and for a like period no deed
of bargain and sale of such claim or reservation in such mineral rights
in the lands embraced in such claim has been recorded in the clerk’s
office of the county wherein the said lands are located; or (b) when the
right to explore and mine has been exercised and the minerals, coals,
oils and ores in or on the land have been exhausted and the right of
mining or boring has been abandoned for a like period, in either of such
cases it shall be prima facie presumed that no minerals, coals, oils or
ores exist in or on such land, and it shall be lawful for the owner or
owners of the land subject to such a claim or right separately or jointly
to bring a suit in equity in the circuit court of the county wherein the
land is situated praying for the extinguishment of such claim or right,
to which suit shall be made parties defendant the person by whom such
claim by said writing, was derived or reserved and his successors in
title, by name so far as known, and as defendants unknown so far as
such successors in title are unknown. ‘The court shall allow a period
of not less than six months from the time the cause is docketed and set
for hearing to elapse within which time the defendant or defendants may
explore and discover commercial minerals, coals, oils or ores, if any, and
in the absence of satisfactory evidence to the contrary it shall be pre-
sumed that there are no commercial minerals, coals, oils or ores in or
on the land, and the court shall enter a decree declaring the claim or
right to be a cloud on the.title and releasing the land therefrom and
extinguishing the same; but if the defendant or defendants shall there-
upon prove that there are commercial minerals, coals, oils or ores in
or on the land, the court shall require said minerals, coals, oils or ores
to be charged with taxes according to law.