The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-02-05

| same, no NIhll lnNH ihHuo MS receipt fuF
said amount aud deliver II with the
above application, Aiildaylt and hOli
notes 10 tile commissioner Of tho gon-
oral land office, who shall file the same
| In his office and issue his certificate In
| lieu thereof, setting forth tho amount
paid tho treasurer, aud tho quantity
and other necessary description OF the
land applied for, which certificate shall
ho immediately forwarded TO the pur-
chaser.
Sec. 6. Should the applicant fail TO
make his first payment, AZ required by
the preceding section, within thirty
days from the date OF his application,
and present tho certificate from the COM
missioner OF tho general land Office, To
the surveyor within sixty days there
after, the land shall be again for sale
and tho surveyor shall be authorized TO
receive application to purchase the
same Ms In the first instances; provided,
however, that he shall not receive or
record a second application from any
person for the same land for which he
has once made application 10 purchase
under this act.
Sec. o. The applicant, at the time
no forwards his application and
first payment 10 tho state treas
To the said treasurer his promisory
note for the balance ( the price of the
land purchased by him, agreeing and
STIMULATING therein to pay the governor
of tho state, and his successors in Office,
on the LIST day Of January of each year
thereafter one.thirtieth of the amount OF
the note, with o per cent. interest on the
whole OF the note remaining unpaid ~
the time OF such payment, giving IN
said obligation such description of the
land as will identify the same. The
purchaser shall have the privilege of
paying the entire price of his land at the
lime of making his first payment lin
such case no note shall be roquired) or
such amount of principal and in
terest as may be due at any
time subsequent to the execution of his
said note. He shall also have the right
To defer, for one or more years, any or
all payments Of the principal, except
the first one-thirtieth; provided, that all
payments of principal aud interest shall
be made within thirty years from date
OF The note, and the interest shall be
paid annually, on or before the first day
OF March of each year. Said note shall
be filed by the state treasurer in his
Office, and 1t shall remain there until
fully paid OIL and cancelled.
Sec. Z. The surveyor shall, upon pre-
seniation of the certificate of the com
missioner of the general land office,
provided for in sections and D of this
act, Immediately note the came on his
record of applications to purchase, pro-
vided for in section of this act, with
date of presentation, he shall then note
such entry on said certificate and re-
turn the same TO the purchaser.
Sec. s. The commissioner OF the gem
eral land Office shall procure a well
bound book, in which shall be Kept
an account with the purchaser OF
any of said lands, showing the
fnr NEht ah nrtT
inal obligation was given, and
the interest accruing thereon, and it
shall be the duty of the state treasurer,
upon receipt of any payment from the
purchaser, to execute his receipt for the
same, and forthwith deliver it to the
commissioner of the general land office,
whose duty it shall he to credit the ac-
count of the purchaser with the amount
so paid to the treasurer, and forward his
certificate of such payment to the pur-
chaser, his agent or attorney.
Sec. 8. Any person purchasing any of
said lands, shall actually settle upon
and improve the same within
six months from the date of
his application to purchase and
shall continue to occupy the same Tor
the period OF three consecutive years
from the date OF such settlement; pro-
vided, that any purchaser may sell his
land SO applied for, after he shall have
made his first payment and settled upon
the land in good faith and not before;
but in that event his vendee shall file in
the general lind office properly
authenticated transfer from the said
original purchaser, and the said vendee
shall be liable to all the OBLIGATIONS and
penalties imposed upon the original
purchaser.
Sec. 10. Within one year next after the
piration of the three years occupancy
of said land, above required,
the purchaser shall make proof
of his settlement and occupancy
of such land, before the county clerk of
the county in which the land is situated,
and if the land be situated in an UNI
organized county, the proof shall be
made before the county clerk of the
county to which such unorganized
county is attached for judicial purposes.
Such proof shall be by affidavit in writ
ing of the purchaser, to the effect that
he or she has actually settled upon in
good faith, and has continuously occu-
pied the land so purchased for the period
of three consecutive years from
the date of settlement, specify
ing such date. In case the land shall
have been transferred, the affidavit
shall be made by the person to whom
it was transferred, and shall state that
the af1iant and his assignors have to-
for the time above required. In each OF
the above cases the affidavit shall be
signed by the party making it and
sworn to before the clerk Aforesaid, and
shall be corroberated by the affidavit in
writing of three disinterested and credi-
bic citizens of the county in which the
land is situated or of the county in
which the affidavit is made, and the
clerk shall certify to the credibility of
such witnesses under his hand and seal of
office. Said affidavits shall be filed in
the general land Office within thirty
DAYS after the same are made, and any
purchaser failing to make such proof,
and file the same in the general land Of
flee as aboyerequired, shall ipse facto for
felt all his rights to the land purchased
by him and all payments made there
on, and the land shall be again put upon
the market for sale by the surveyor on
receipt of notice of such forfeiture from |
the commissioner of the general land |
office. And failure to make prompt |
payment of the interest due upon the |
note, required by this act,
on or before the first day OF March OF
any year, or failure to pay all the
principal and interest within thirty |
years, shall in ike manner forfeit the |
land and all previous payments made |
thereon, and the same shall in like |
manner be again for sale.
Sec. IL. Any purchaser falling to
comply with all the conditions required |
of him by this act, shall ipse facto for
felt the land applied for, together with
all payments made, without a judicial
ascertainment of such forfeiture, and
the state treasurer and commissioner of |
the general land office shall each close |
the account kept by them with the
purchaser on their books, and |
shall mark on the same Gland |
forfeited" and no defaulting purchaser,
or those claiming under HIM, shall
eyade or avoid The effect of such for |
feiture, at once, by reason of any statute |