The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-04-07

feited;" and no defaulting lessee, or
those claiming under him, shall evade
or avoid the effect of such forfeiture at
once by reason of any statute or law
which for coverture, infancy or the
like, would otherwise give the addi-
tlonal time for the payment or action
except as follows: Should any lessee
die or become insane, the legal repre-
sentatives or heirs of the deceased or
guardian of the lunatic shall have one
year within which to pay the annual
rental due next after such death or judg-
ment declaring tho lessee lunatic.
Such legal representatives, heirs or
guardians, may proceed to carry out the
contract of such lessee In all respects |
as ii no such death or lunacy had oc,
CURED.
SEC. 8. 1t shall be the duty of the
commissioner of the general land office, |
after the forfeiture provided form the
preceding section shall have beenbde-
clared, to issue his certificate declaring
such forfeiture, the cause thereof, and
forward the same TO the proper sur
veyor, who shall note the forfeiture on
his record of application to lease, and
shall file said certificate in his office.
Thereafter said land shall be again for
lease Subject to the exceptions CON
tanned in the preceding section) as If no
application had ever been made for The
same. Upon the termination OF any
lease by expiration, the land shall DO
again for lease, rs in the first in
stance.
SEC. 10. All lands leased under tho
provisions of this act shall be subject TO
sale as IL by this act provided. When
ever any land leased under this act IL
purchased, the lessee shall be entitled TO
u credit on his rental account for a pro
rata of the rent paid on tho land so sold
Ia proportion to the time yet to expire
Of the year for which such rent was
paldj and 1t shall be the duty of tho sur
veyor whenever application is made TO
purchase any leased land to notify the
state treasurer OF such Purchase sta
ting in such notice theparticular survey
or part OF survey, the namo of The les
see, tho purchaser, and date of purchase.
Tho treasurer, when sale il made,
shall note the same on the lessee's ac-
count, indorse the same on tho sur
yeyor's notice, and Immediately
deliver 1t TO the commission.
or OF the general land
oilice, whose duty 1t shall be to credit
Inc lessee Tor the amount of rebate to
| which he - entitled, and forward his
certificate thereof TO tine lessee, and such
lessee shall from the date ofeaoh certifi |
cate be relieved from his obligation 10 |
pay ment upon the tract Of land so pur- |
chased, and shall be entitled 10 deduct |
the amount 30 credited TO him out of his |
next annual payment of rental: proyid- |
cd, that should the purchase DO made |
during the last year Of the lessee's term |
OF lease, then In that case the above pro |
rata OF rent shall be refunded to him
QUITO the state treasury, TO DO paid out
OF the fund to which the land belonged,
A f.l ha ,ta,9
OF the general land Office rs above re-
quirod. Any person tho head OF fam-
ny purchasing any land under this act
III organized counties of 1900 square
miles or less nhall have the right 10
lease not exceeding four sections living
adjacent to tho land 30 purchased by
him, Notwithstanding it may be then
leased; provided such purchaser shall
not by such purchase and lea o reduce
any lease to number less than 20 sec.
tl0ns. Whenever such application is
made by the purchaser to lease as above
shall terminate at the end of
inc year for which rent shall
nave beon paid in advance, aud such
subsequent applicants lease shall COM
menoe, uploss he fails TO make payment
OF hl- rents; provided, further, that
nothing herein shall DO 20 construed n,
TO prevent any purchaser from leasing I
any Unbiased land, ~ other applicants,
provided, further, that IL the iossoe OF
any tract OF land subject TO purchase
under the terms of this act shall refuse
the right of power OF entry TO said land
to any settler leasing any of said land i
under this section, or 90 any purchaaer
OF the aAme, who VIII have Obtained
nom the commissioner OF tho general
land office the certificate provided Cor
IN section u of this act, aud who viii \
have presented the same TO the sur [
vtY0r as provided for in section II oil !
lhis act then said purchasers, on pro- h
lucic6 said certihcate 80 obtained aud il
presented TO 5ho judge OF any district p
court # this state, whether in torn time d
lr vacation, shall DO eutitled 10 an ordur e
10 sNid purchaser a writ OF ii
mmed ate possession of said land, and 4
I shall DO the dnty Of She clOrk of said a
curt 10 issue said writ. directed TO auy /,
heritf orc0ustable In this state.
SEC. III. That all lauts heretofore or n
hat may hereafter loo surveyed and II
ct apus for tho hsuedt OF The "a
ommon school, university, tho lunatic, n
limo, deaf and dumb aud orphan asy- f.
um funds, except such so have timber O
ocated thereon suitable for lumber or o
hingles, BE- aud tho Same are hereby c
laced upOA the market, aud shall be- ID
old upon tie terms and conditions here Ii
natter specified. r,
SEC. Y. All lands sold under The pro- n
'isions of this act shall be sold at 81 Der n
ere. Evory person who iBtho bend of 81
family shall b. entitled 10 purchase al
lot less than 400 acres (unloss there Is g,
rAotiou OF less than 100 acres now OK. II
sting nor more than go acres, and \
very person not the head OF family al
ND who Is u years Of age shall DO enti- "a
led TO purchase not less than 30 aCres In
unless there Is a fraction OF less than ii
acres now eNistlng) nor more than 100 al
cres of said land, upon complying with al
he terms and conditions hereinafter $,
pee Nod; provided, that no person shall N
20 allowed TO purchase any survey or b
part thereof held by any other person n
lnder lease on which there is at the n
ime of tho application 10 purchase per Of
nanont artificial wator In tank or well Il
made or obtained by any person other L
han the applicant This provision, q
however, shalt only apply TO one section d
with permanent artificial water on IL i'm L
very 10 sections OF tho lease or a lease "
II 20 sections or less. il
SEQ. is. Any person desiring to II
any OF said land shall make /
application IN writing 10 the county or
district surveyor, designating the land c
q II
certificate number, name of tho com. 10
Dany or individual 20 whom was issued \
he coruhcats by virtue oil which sucn %
survey was made, tho fund Co which IL La
belongs, and, II less than whole sur. |,
yey, tho particular part of the survey X
sought % DO purchased; kprovidBd that Il
no traction OF any survey less than 50 n
acros shall be left by any such selection, IN
nor shall any fractional survey less than Il
IN HIHHHn NAal| n NNHNs NsaI %.
such application shall attach thuroln his M
pr her Anldavlt,maCU before some officer a
10 administer uaths, TO tho n
3tioct that be or She is tho head OF q fam (,
~, or Is y years Of age, that such ao- q
plication is made Ia good faith for tbo d
purpose Of actual settlement upon tho 8
and ~ his or her home and not directly Z
~ indirectly for the us9 or benefit OF y
my other person. Said affidavit shall 4
Ilso state whether or not the land appn- h
"a for has permanent watOr ON or Dor 4
ierlng on II, and whether or not 10 has a