The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1883-04-26

of sale; provided, that the agricul-
tural lands shall be sold only to actual
settlers; and, provided further, that
no person shall be permitted to pur-
chase more than three sections of $40
acres within five miles of the geo.
graphical centre of any county. No
shall be permitted to
acquire title to more than one section
of land in any one county.
Sec. Z. Until otherwise prescribed
by the board, the land shall be placed
upon the market in the following
manner: When the tabulated state
ment shall have been forwarded to
the surveyor of the county or land
district, and the board shall have des-
ignated some one to represent the
state in the disposition of the land in
such county, or land district, and no
tice of such facts shall under Girec-
ton of the board have been published
in not more than three newspapers
of the state, and shall have been pub
hshed under the direction of the per-
son authorized to sell, for thirty days
in the section where the land is stu
ated, the lands of such county, or land
district, shall be considered upon the
market for sale, and the person des-
ignated to represent the state shall re-
ceive bids for the same.
Sec. 8. The person desiring to pur-
chase any of said land shall file his
application with the person author
lied to sell, designating the particular
section or tract less than section
which he desires to purchase, and &C
companying it with a sufficient sum
of money to paw for advertising the
bid in such manner as may be pre-
scribed by the board, and on
the first Tuesday of the month
designated in the advertisement,
and after at least twenty days
notice, the person having authority
shall sell the same to the highest
and best bidder, at the courthouse of
the county in which it is situated if
in an organized county, or if an I'M
organized county at the courthouse
door of the county to which it is at
attached for surveying purposes.
The application shall be considered
the first bid unless raised before Of
fered at public cutlery, and any one
desiring to raise the bid may do SO by
notifying the seller in writing at any
time before it is put up at public out
cry, or orally at the public auction.
No bid shall be received at less sum
than the minimum price fixed by the
law, nor shall any fraction of
less than 100 acres be left by
such sale, nor shall any frac-
ton OF less than 800 acres be di-
vided; nor shall such section be di-
vided into other than half quarter
section. Should the person advanc-
ing the money for advertising the bid
as above provided, not become the
purchaser of the land bid for, said
money shall be returned to him and
collected from the purchaser; pro-
vided that no sale of agricultural
land shall be perfected until the
proposed purchaser files an af-
fidavit that he intends that the
land shall be actually settled
within six months; and in case of
failure to settle the same within that
time, the proposed purchaser shall
forfeit the money already paid on the
land.
Sec. 9. The purchaser shall at once
pay to the persons selling for the
state, or to the state treasurer, as the
board may determine, and within
such time as it may fix. one-thirtieth
of the amount bid, and execute his OBJ
| legation for the remainder of the pur-
chase money, payable to the state of
| Texas, and binding the purchaser to
pay one-thirtieth of the whole price
the first day of each succeeding year
until the whole is paid, and interest
at the rate of five per cent per annum
on the whole unpaid purchase money
from date, payable annually on or be-
fore the first day of March of each
year; and provided, that after the eX-
piration of seven years, the purchaser
shall have the option to pay the un-
paid principal, and providing that a
failure to pay the annual installments
of principal shall not work a forfeit
ure until the whole sum is due; pro-
vided, that upon proof of actual occu-
pancy, use and improvements for
three consecutive years, the purchaser
shall be permitted to pay all OF the
paid; provided further, that
or attorney for another in the pur-
chase of any of said lands shall file
with the person authorized to sell, a
from his principal, or other instru-
|
petent authority to invest him with
power to consummate contract.
Sec. 10. If upon the first day OF
March of any year the interest due
remains unpaid the custodian of the
obligation of the purchaser shall en-
dorse on it land forfeited" and the
account kept with the purchaser shall
show such failure to pay, and such
forfeiture; the failure to pay the inte-
rest shall ipso factO work a forfeiture
and the entry on the account shall be
evidence of the fact, and there shall
be no necessity for judicial ascertain
ment of the fact of the forfeiture
and no defaulting purchaser or those
claiming under him, shall evade OF
avoid the effect of such forfeiture al
once by reason of any statute or law
which for coverture, infancy or the
like, would otherwise give then
additional time for payments OF
action, except as follows; should any
purchaser die, the representative OF
heirs of the deceased shall have ont
year within which to pay the interest
due on the first of March next after
such death.
Sec. III. The person authorized t
make sales shall receive such obi
cations for the state, and account fol
the money and notes received by hin
} at such times and in such manner a.
may be prescribed by the board.
/, Sec. IL. That in case any purchaser
desires to sell the land purchased 10y
him, he may do so after his first pay
ment, and in case of such sale hi:
vendee shall file in the Office of thu
custodian of the original obligation
of his vendor, properly authenticated
transfer signed by said vendor anC
vendee, duly acknowledged and re
corded in the proper county, and sale
vendee shall thereby assume the obi
cation and be liable to the penaltie;
imposed upon the original purchaser
and said original purchaser shall
thereby be relieved from any further
liability upon his obligation.
Sec. Is. Upon payment of all thu
purchase money and interest upor
notes given for the land under thi;
act, the commissioner of the genera
land Office shall issue patent to, thu
purchaser or his assigns or heirs, up
on payment of the fees prescribed by
law; provided, that no patent SC
issued shall include more than si1
hundred and forty acres, nor shall II
contain portions of any othel
sections, provided further, that nc
patent shall issue to agricultural
lands until proof of actual settlement
shall be made in such manner as may