The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1883-01-30


he shall be autharizeG TO receive applica
lions for the purchase OF said lands, in guam
:. ut.s ROT les than one Auudred ANA sixty
acres. exrept trnctioas OF Nss than one hug
bred and sixty acres, THAN may uOw exls
i'm said counties proyded, ehat no person
or persons shall be allowed to purchase NOR,
than one section d sN hundred
and forty acres, when The
same is classed as agricultural ldNd, ana The
sale shall be conditioned upN pArual IN
proyenent and actual selttmeNt upon
D same within two years, ~ sea OF Nehahli
but when tie same is clasSed as HrazNhg O!
timbered land, IL shall be sold IN panGlties
to suit the purchaser, not exceeding ave
: sections, bal no person shall DO alloNeu -
lpurrhgse less than one hr'dre1S
and sixty acres OF grazing 'nd,
nor less than forty acres of land classe-a as
timbered; aud If the umberls pine,n0t Us
than six hundred and iord
acres; and lease shall be prelerG
! bic o. sale of grazing land, and when graz
| ing laud is sold rs herein provided II shatl
be inclosed within three yeas by a
separa,e fence without joining 10 othcf
fences. No purchaser OF grazing land from
the state shall purchase or be interested IN
the purchase oi similar land from the state. $
vendec until the same is paid Tor.
Sec II. That any person desiring 10 pur'
chase or lease any Of the Aforesaid lands,
shall make application, IN writing, To the
county or district surveyor, designating the
number of the block, survey, name OF me
company, or individual to whom was issued
the certificate, the quantity he or she
wishes to purchase or lease, and if less than
a section, the particular part OF such sec
lion. provided, no fraction of any section
less than one hundred and sixty acres shall
be left by any such selection, ana no lrac.
tionIl section of less than ttr rec hundred anu
twenty acres shall be divided. When such APP
plcatiOn is filed for the purchase or tease oil
said lauda it shall then be considered Ca the
market, and il shall be the duty OF ana sur
yey0r, within ten days after such applcl-
tiun is made, to give notice by posting al
ycrlsements at three public places III the
county where said land lies, or, il IN an un-
organized county, in the county 10 which
| such unOfgani2ed county is attached Tor sur
yeying purposes, for twenty DAYS, one OF
which notices shall be at the courthouse
| door Of the county, stating WynJ lands nave
been applied Tor, giving full description OF
| the same, and the class to which II belongs,
and on the first Tuesday OF every month he
shall proceed TO sell or lease such land 10
the highest bidder provided, the land com,
missioner may relec, any ana
mum. The purchaser shall Immediately
pay 10 the surveyor one.twcntlcth OF the
| amount of his bid, and shall execute his
obligations for the remainder due TO- said
| land, payable to the governor OF the state
| of Texas, and his successors in Office, on
| the lst day IN January OF each year, eaCn
obligation to be for Une.twentlcth Of the en-
tire value of said land, with interest at the
| rate OF b per cent. per anuum nom date I'M
| til the entire amount OF said obligation is
| liuuidated; provided, that any payment OF
principal except the first twentieth may be
deferred for one or more years, but all pay
ments of both principal and interest must
| he made within twenty years, anu
| the interest must be paid annu uly
on or before the LIST day ct March IN each
year. The surveyor shalt Immediately for
W trd to the treasurer the obligation Of the
purchaser, together with the first payment
for the same. The said application of the
purchaser shall state that the said land ~
purchased for actual settlement, and that
the same will be occupied by himself or
tenant, and shall contain an obligation on
the part of the purchaser TO put
ut least one hundred dollars worth
of improvements on same within two
years after purchase. II the application is
to lease land, lie must receive and receipt
for the first payment Of rent ana forward
the same TO the land commissioner with the
name OI the lessee or legSeCs and descrip.
ton of the land; whercupOn the land COM
missioner, if he approves Of the lease,
shall execute three copies of same and
return them to the surveyor TO have
them signed by the lessee or loSscCs. II he
rejects the lease he will return themoucv Ia
the survcyor, Any person orpersons desiring
TO lease more thantcn thousand acres OtluNd
may effect the lease directly villa thc land
commissioner, subject 10 tdo limitations IN
this bill The treasurer shaIi enter 4 credit
on his books, in the name Of the common
school tuud Tor the amount received from
sale and from leases. and shall give n mum.
Der Ia each credit he shall then issue his |
receipt for said amcInt, giving it the same
plumber as the credit entered on his books
and forward i, with the above named np, /
plcation, t. the Chicl clerk Of the school |
land branch of the general land Office, who
shall IT. said application and receipt in his !
Office and issue his certificate IN lieu
thereof setting forth the amount paid tothe
treasurer, whether purchase or lease and
the quantity and value and elias, of land
applied for, which shall authorize the dis
trlCt or county surveyor to survey the land
embraced in the application, and enter the
same ON his books as sold or leased rs the
case may be; pr )vidcd, that when lands are
sold as limbered lands, the whole amount
Ot the purchase money shall be paid for
the same and forwarded to the state
treasurer, as in the other case. The sur.
veyor, for his services and expenses in
Cured in making such sales, shall receive
one-half OF per cent. on the amount real.
lied from these sales, TO be paid out of the
common school fund, and, where it is u |
lease, he Shall receive per cent, on first |
cash payment, to be deducted from same.
Sec, -. The special branch of the general
land office shall keep separate account
with the school. lands in each county show.
ing which have been sold to whom and Tor
how much. and the same with regard to
those leased, and shall see to the collection
of all lease money and the paying over OF
same to the treasurer, and the forfeiture OF
all leases where terms are not complied
with.
Sec IL. Where, for non.paymenl of rent,
or other reason, the lease is forfeited, the
lands shall be leased to other parties, in the
same manner as originally leased, and in !
case any lessee fails to give possession after
forfeiture and notice, the county attorney
of the county pr district attorney of the |
district, to which such county is attached, |
shall bring n slit of forcible entry and |
delainer, ana be paid such amount |
as a fee as the land commissioner |
to exceed 800.
Sec, II. The chief clerk of the special
branch OF the land office shall, from time to
time, notify the proper surveyor of all for.
textures OF sales and leases, and thereupon
the surveyor shall receive bids for lease or
purchase as in first instance,
See, 10, The ownership of all minerals on
all lands hereafter sold shall be reserved,
and shall remain in the common schools;
provided, tina, the discoyerer of any min.
erals on Il section, except salt, salt springs
Or lakes shall have the right to ACQUIRE ,,
twenty acres rs II premium, and the re-.
mainder OF said section shall be disposed of Y
As hereinafter directed
Sec. 10, That upon the discovery of min. y
rails upon section, the discoyrrer shalt U
lie IN the surveyors office description of |
Ms premium land, to cover not more than
500 by 200 feet, and, in addition, notify U
he commissioner OF the general land Office u
i the fact. On receipt of such notification, Z
he said commissioner shall make known Y
he fact to the board of education, who are D