The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-04-07
THE LAND BILL.
HownrLEs ARE TosE ACQUIRED
The Public Lands-How Leased and How
n scid--The Law as 1t stands, in Com
pictoS Context-Ibirty Years
Credit III so Desired.


deaf and dumb and orphan asylum
funds, except such as have timber
thereon suitable for lumber or shingles,
be, and tho same are hereby placed upon
the market, and shall be leased upon
the terms and conditions hereinafter
provided, and subject to sales as author
lied by this act.
SEC. Q. Said lands may be leased TO
any person, firm or corporation, for any
period not longer than six years, at the
rate Of FIVE (5) cents per acre per annum;
q provided, that any person, firm or cor
poration holding and using any
OF said land for grazing pur-
poses, on the LIST day of Feb
ruary, 1885, shall have prior right for
go days from the time this act takes Of
feet to lease the entire amount of the
range SO ust d and claimed by such per-
son, firm or corporation on said date
but in such case the lease shall date and
the rent shall be payable from said LIST
day OF February, 1885; and the person,
firm or corporation exercising this Oh.
ton shall BIO required to lease the whole
OF tho range so used. No lands leased
under any former law shall be leased
under this net to the original lessee or
lessees or to their assignee or assignees
for lower price than such lands wero
leased under such former law until af.
ter such prior lease has expired by linn
itation.
SEC. Q. Amy person, firm or corpora
ton desiring to lease any Of said lands
al an ffao ky.n q. 4.
proper county or district surveyor. des-
ignatiug She land desired by the num-
Der of the survey, certificate number.
name oil the company or individual to
whom was issued the certificate by
when SAID survey was made, whether
the same belongs to the university. or
public school or asylum funds. and 10
which asylum fund, II any, and IL less
than whole survey or section, the par
ticular part of tho survey or section
sought to DO leased, and tho time for
which no desires it; provided that no
traction or any survey of less than 100
lions, nor shall any fractional mart of
less than $40 acres be divided, provided
that all applicants shall he
required to take all sections
or surveys embraced i'm Tho
outer lines Of the land applied for. The
party making such application shall
state therein what streams OF Derma-
nent waters, If any, and what other per-
Inaheht wafer, Ii any, Is on said land,
ana tnat the plot hereinafter provided
ior ~ true and correct plot of said
ianu anu that ne makes such applica-
tlon Tor his own use and benefit SOLELY,
such application shall be sworn 10 Ia,
lore some officer authorized TO ADM is
TOR oaths. lie shall also accompany
sucn application with plot or skst0h.
showing the land desired, and what
stret ms OF permanent water or other
permanent water Is on said land. Tbe.
surveyor shall be entitled TO receive a
ice oil vi for the first tract or section Of
ianu, and 10 cents for each additional
tIaot or section mentioned In meh an.
pIloation, and no shall, up payment
ons SUI zee, Immediately record such
aPPi,ioae'pn ahd aiildayit ina well bound
DOCK, to be kept by him for that r,,r
pose After recording, the snrvay =
shall lndorse upon such AZ.
pllcation "recorded,u givins dafp
page and volume of the 9recnrJs
IN winch 70 was recorded, and si0n NE
name officially thereto, and retnrn tho
application and affidavit and accom-.
panylng plot TO the person prosentin,, n
eko; 4. Inc. applicant shall imm9ji. !
liz W nHlu salu application, together
, i'm une ysHf's rental upon the land, 10 |
sno s'ote treasurer, who shall enter The
same on The books in the name or tha
lessee for the amount 80 received, giyi yro
such description OF the land az VII /
Identity Che same. Tho treasurer shaii
tneh issue MS receipt for said amOunt.
ana forthwith deliver It, with said nm.
pllcaVon, 10 the commissioner of tbe
general land Office, who shall MA tho
same in his office and issue bis cort5-
noate IA lieu thereof setting forth tbe
amount paid 20 the treasurer and other
necessary description of the land nm. &
pied for, and who shall also execute "A {
tease 10 the party for the land 80 an I
pleu LOT, under MS name aud seal of of /
nee. The commissioner shall iUmedi- |
ately forward the said certificate and S
lease to the lessee; and, provided fur /
theri that II any person, firm or cor.
poration shall use such lands contrary /
70 law, and refuse to pay rents thereon.
IL snail be the duty OF the attOrnav. \
general OF this state to bring suit i'm t6e q
name OF tho state, against said person. q
lrm or corporation, 10 recover l
rom them the value of the I
use and occupation of sueb /
land as provided by the terms of {
ms act. That this act shall not be con- 9
strued INTO repeal of an act passed by I
inc special session OF the eighteenth ley.
stature, known as Gan act To prohibit
the unlawful fencing or inclosing OF 4
lands OF another, aud tho public free
school, university and asylum lands for
the state OF Texas, and To prevent the
herdmg, loose herding or detention Of
stock upon the lands as aforesaid.n mn.
proved 4 ebruary z, 1881.
SEo. .. should tho applicant fail 10
make the first payment, as required In
tho preceding section, within 80 DAYS
rom the date OF his application, aud
present tbs certificate OF the commits.
sioner OF the general land oflioe To- ths
surveyor within 30 days from the date
OF said application, the land shall be-
again Tor Tense, and tho surveyor shall 4
DO authorized to receive applications Ia
lease the Same rs IN the first instauoe,
however, that no shall not M,
ceive or record a second application from
any person, firm or corporation tor me
same land, or any part thereof, for which
he has once made application to loase
under this act and shall have forfeited
such lease 10y q failure to comply with
the provisions OF this act; nor shall such
surveyor receive or record an 0ppuoa.
ton from any pogsOn, lrm or corpora
ton, or ANY member OF any such hrm or
corporation for the lease OF tha Same
land or any part thereof, which lao has
once held by lease under former laws,
and forfeited such lease hy a failure To
comply with the provisions OF the law
under whinh such lease was mado, un.
I'll the expiration of the time Tor which
such lease was made. III
sRo. O, The surveyor shall, upon
OF the certificate of the
commissioner OF the general land office,
provided for In section OF this act.
immediately note the same on his Ieo.
ord of applications TO loase, provided for
in section Of this act, with date Of pres
he shall thon note such entry
on said certificate and re.urn tho same
10 the lessee.
SEQ. Z. The commissioner OF the gen.
era land Office shall procure a well I
bound book, In which shall be kept an
account win tho lessee, showing the ,
land leased nv such party, the time fer
which 1t was leased, aud tho annual ron.
tM accruing thereon, and the amounts
paid; and II shall be the dut of the
.I..N a =. | .