The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-02-08

paid; and II snail be the duty ol tne Alhe
treasurer. upon the payment OF the amount
due by the purchaser or lessee OF these
lands, to execute his receipt for The same IN
the name of the common school fund, Civ
ing II number. aud deliver said receipt 10
the chief clerk Of the school land branch OF
the general land office, who shall credit the
account of said purchaser or lessee
with the amount so paid, and for
ward his certificate OF such payment
to the purchaser or lessee. Where any
moneys ARE paid into the land office, they
shall be paid over to the treasurer forth
with.
Sec. 10. II upon the LIST day OF March fol-
lowing the maturity of any payment, the
Interest on money due has not been paid 70
the state treasurer, and his receipt Tiled
with the chief clerk of the school land
branch of the general land Office, as pro
yided in section of this act, it shall be the
duty of the commissioner of the genera
land office to endorse on the obligation o
the purchaser so failing to make payment
statement of such failure, and sigh MS
name thereto, mark the file in which th!t
obligation is kept as forfeiture, note suct
forfeiture on the account kept with such pur
chaser, that to make payment within ninety
days from the sending u such notice Should
operate as n final forfeiture of his purchase
and Immediately after the lapse OF sale
ninety days, he shall notify the surveyor o
the county or district in which said land n
situated that it is again for sale. II any in
stalmentpof rent is not paid within ninety
days after due, the same course shall d.
pursued, the lease forfeited, and the iant
leased to other parties.
Sec. 20. If any semi-annual lnstallmen
of rent due is not paid within six months
after due, it shall work a forfeiture OF lease
and a Judgment shall also be obtained
agains the lessee for amount due, and exc
clifton issued for same. Each lease shall
provide for payment by lessee OF al attor
news fees in case of suit, by forcible entry
and detainer, or otherwise.
Sec, 81. That such forfeited tracts sinai
be sold or leased in the same manner al
hereinbefore provided for original sales ant
leases of such lands; provided, that any I'm
provements on such lands shall be PAID fol
by the purchaser or lessee, and the value O
such improvements shall be assessed unoel
oath by the surveyor, when the same pro
ceedings shall be had as provided in thu
act for original sales ard leases, -,
Sec. %. The purchasers OF school lands
under previous acts, may avail themselves
of the privileges contained in this act, by
paying up all arrearages of interest to the
date of the taking effect of this act, aitel
which he shall pay interest on his orlgina
obligation at the rate OF per cent. per an
mum.
Sec. %, Should any purchaser or lessee
die before the payment OF any one install
ment, and interest on the deferred balance
fall due, his, executors, admlnlstrat prs OF
heirs shall have an extension OF twelve
months within which to pay the same, IN
case of sale, and six months in case OF lease.
Sec. "a. That in case any purchaser or
lessee desires to sell or sublet said lands, he
may do so, after he has made his first pay
ment on the same and not before, and in
that event his vendee or sub-lessee snail HE
in the general land office a properly au-
thenticated transfer from said purchaser or
lessee. and said vendee or sub.lessee shall
be liable to the obligations and penalties
imposed upon said original purchaser or
lessee, and, upon full and final pay
ment on any purchase made under
tbe provisions of this act, the
commissioner of the general land office
shall issue patent 10 the purchaser, max
ing the same, or his vendea heirs; pro-
yided, that no one patent so issued shall in
clude more than one section of land, nor
that where the lands are agricultural and
purchased for such use, that they have
been improved; and provided, that no
purchaser of grazing lanos shall purchase
from the states vendee of similar land
until the same has been fully paid for.
Sec. 25 Said lands shall be subject to
taxation from the date of the first payment
intoN treasury of the state.
Sec. 90. That the net proceeds arising g
be paid into the common school
fund, the principal to be invested in
the United States or state bonds, or as may
be provided by constitution and law, and
the interest arising thereirom, and rental
money shall be applied to the use of the
common schools, as part of the available
school fund.
Sec. q. The commissioner of the general
land office and attorney general shall pre-
scribe such minute details, and prepare snch
forms aud necessary instructions to sur
yeyors and Others concerned as may be
needed to carry out the objects OF this act,
and the commissioner shall make recon-
mendations to each Legislature as to leases
and sales; and he shall thoroughly organize
the school land branch OF his office and put
it in operation as speedily as possible:
Sec. %. For the purpose of carrying IN
to effect the provisions of this act, the sum
of SIS, 500 is hereby appropriated, TO be paid
ont ofthe common school fund, as follows:
For wears salary of chief clerk of school
land branch, 5000; for years salary OF
four assistant clerks, $500
Sec. 90. Before any county or district
surveyor shall be authorized to sell or lease
any of these lands as herein required, or re-
ceive rent for same, he shall execute
bond payable TO the governor OF the siate
of Texas, and his successors in office, with
two or more good and sufficient securities,
to be approved by the commissioner Of
the general land office, for the sum OF
$1,000 dollars conditioned that be will
well ana faithfully account iOfi anu pay
over TO the treasurer OF the state OF Texds.
all moneys collected by him for sale or
leases OF lands belonging 10 the common
school fund, and that he will faithfully per
form all duties required oil MN by law, IN
regard TO the sales or leases OF euch lands.
Said bond, when approved, shall b. filed IN
the general land Office for safe keeping. If
any surveyor shall keep any money so re-
ceiyed. in his possession for over thirty
DAYS, lie shall be subject to removal from
Office; and, If over sixty days, shall be
deemed guilty Of embezzlement and pun
ished under the statues.
Sec. 80. Each county and district sur
yeyor is hereby required 10 make
out. under oath, monthly re-
port 10 the treasurer Of the state,
showing what lands have been sold or
leased by him, under the provisions OF this
act. TO whom sold or leased, the amount re
,eived in cash from each sale or lease, TIE
number and amount Of each obligation re-
,eiyed by him since bis last report, anu shaii
transmit the same AZ tne Oeslhhhhh " .oS"
month, in registered let er, 10 the STATE
reasurer. that any failure 20 do 50 shall
iepriye such surveyor Of any right 10
,harge any rerson for making previous
aies; and any dishonesty. neglect or III
shall subject him 10 remuy
" the governor, II appointed by HIN, shd
~ the Commissioners court, II aD eirel'n
,iHcer. The commissioner Of the Land Of
ice shall report him to the proper
uthoritv. II at any time hereafter
he state shall determine 20 -
razipg lands in larger tracts, the lessee
nder this Law snail nave me preference 10
urchase OF lands leased by them
Sec, 81. IL shall be unlasful for any one
D herd or bold cattle, sheep or horses upob
nv land leased from the state BY anutner,
xcept By consent Of lessee, and npou coz.
iction for 50 offending. such persOn snail
e fined in any sum not less nan s.uo ~
1ore tbau $500. aud each day u such herd
a., ~ hoIdfrQ shall constitute d separate