The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-04-09
IDG lAND Bill
fho rahilr innds iinw Leased snd How
sold ~, faw ~ n stands, IL Com
plttH fnntesi 1hifty Years
L Cftdit ~ 40 Desired.

SrCTtON : That Hll lands heretofore
On ihstnly htioailpr bo surveyed and
set apart inr the benefit az common
schools, ,Crsity, Tho lunRtie, blind,
deaf and JUmb aud orphan asylum
fpnds, tN'"It such as have timber
theroon 90 .ro ior lumhor or shiuglos,
be, and tho came ara here by placed upon
tho mark'l and shall be leased upon
the terms aud conditions hereinafter
provided, and subject To sales ~ author
lied by this act,
SEQ. 2. S'ii lands may be- leased 10
any persoI ,irm or corporation, for any
period MOI l"nrer than six years, at the
nate OF hv' 90 cents per acre per annum;
provided, tot luy person, firm or cor
poraiion Gulding and using any
OF said 'snd for grazing pur'
poses, on The LIST day OF Feb
ruary, lsSi. 'bali have prior right for
60 days irun Tho time this act takes Of
feet to lessr 'nV entire amount of the
range so u d aud claimed by such per-
son, firm or corporation on said date;
but in such case the lease shall date and
the rent shall 30 pay able from said LIST
day OF February, 1885; and the person,
lrm or corporation exercising this op
tl6n shall To required TO lease the whole
of the range - used, No lands leased
undor any former law shall DO leased
under this act TO the original lessee or
lessees or TO thsir assignee or nssiRnees
for lower prlcD than such lands were
leased under suHh former law until AZ
ter such prior lease has expired by linn
itation.
SEC. 3. Any person, firm or corpora.
ton desiring 10 lease any OF said lands
shall make application in writing 10 the
proper county OF district surveyor, des'
ignating the lanc desired by the num-
Der of the survey, uert,hcate number,
Name OF the comp ny or individual 20
whom Was ISSUED tho certificate by
which said survey "ss made, whether
tho same belongs ga tue university, or
public school or asylum funds, and to
which asylum fGDd, 4, any, and II less
than whole survey or section, the par
ticular part of thu survey or section
sought TO be- leased, and the time tor
which he desires %; provided that no
fraction of any survey OF less than l6O
Ecres shall be luit by any such selec
tions, nor shall any fractional part OF
less than $40 acres be- divided, provided
that all applicants shall be
required to take all sections
or surveys embraced in the
outer lines of the land applied for. The
party making such APPLICATION shall
state therein what streams OF perma-
nent aters, If any, and what other per-
manent water, If any, - on said land,
and that the plot heron after PROVIDED
for Is a true and correct plot OF sand
land, and that he mgksi such applica
ton for his own use ana Eeueft solely;
such application shall To sworn to be-
fore some officer auth"r'Zed to admi 49,
ter C2shs. He shall also accompany
such application with plot or SIX 5trh,
showing the land desired, and what
stree ms of permanent water or other
perm suent water is on said land. The
surveyor shall be entitled to receive a
fee OF 81 for the first tract or section OF
land, and 10 cents for each additional
tract or section menfinucd in such APP
plication, aud he shall, up n payment
of such fee, Immediately record such
application aud alli la,il In we'll bound
book, ID he Bept by h!u for that pur'
pose, After recording, tho survey l
shall ind0rso upon such APP
plication "rscordea," giving date
page aud volume o. tho records
In which IT YVES recorded, and sign his
name officially thereto, and return the
application and affidavit and accom-
| . pany ing plot TO the person presenting it
~ SEC. l. The sppilcHat shall lmmedi
Aately forward SAID application, together
with one years. rental mp N the land, tC
the state treasurer, who hall enter the
same on the books ia the name Of the
lessee for the amount 20 received, giving
such description OF lh5 IAN" as WI!
identity the same. The treasurer shall
then issue his receipt tor said amount
and forthwith deliver II, with said APP
plicalon, to the com missioner OF the
general iand office, who shall file thu
Same in his office au0 issue his certl
ficate in lien thereof, setting forth the
amount paid 20 the t-5a- urer and othel
II tho land
piled for, and who shall also execute {
lease to the party for the land so ap
piled for, under his name and seal Of of
flee. The commissioner shall ihmedl
ately forward the sai certificate anc
lease to the lessee; and, provided fur
Their, that il any person, firm or cor
poration shall use such LANDS contrary
to law, and refuse to pay rents thereon
1t shall be the duty Of the attorney
general of this state 10 bring suit in thu
name of the state, against said person
firm or corporation, to recove
from them the value of tn
use and occu patton of sucl
land as provided by the terms o
this act. That this set shall not be con
strued into a Iepodi oil an ACT passed o.
the special session OF the eighteenth leg
islature, known as can act to prohi6i
the unlawful fencing or inclosing O
lands OF another, and the public fire.
school, university and asylum lands 10
the state of Texas, and to prevent tn
herdlng, loose herding or detention O
stock upon the lands as aforesaid" ap
proved II ebruary 7, 1884.
SEC, S. Should the applicant fail t
make the first payment, as required il
the preceding section, within 30 day
from the date of his application, a ~
present the certificate OF the commits
sioner OF the general land office to tn
surveyor within 80 days from the dat
of said apple alton, The land shall b
again for lease. and the surveyor shal
be authorized to receive applications +
lease the same rs in the first instance
provided, however, that he shall not re
ceive or record q second application fron
any person, firm or corporation for tn
same land, or any part thereof, for whic
he has once made application to leas
under this act and shall have forfelte,
such lease by a failure to comply wit
the provisions of this act; nor shall sue
euryeyor receive or record an applica
ton from any person, firm or corpora
ton, or any member of any such firm o
corporation for the lease OF the sam
land or any part thereof, which he ha
once held by lease under former laws
and forfeited sucn lease by failure Il
comply with the provisions OF the Law
under which such lease was made, un
til the expiration of the time for which
| such lease was made.
SEC. 6. The surveyor shall, upOl
presentation of the certificate of tn
commissioner of the general land office
provided for i'll section OF this acl
imme d lately note the same'On his rec
ord of applications to lease, provided 10
in section 3 of this act, with date of pres
entation; he shall then note such entr.
on said certificate and urn the sam