Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-01-16

of the value of said land, together with |
bis written obligation Tor the remain
der OF the purchase money, payable to 1
the state of Texas, and binding the /
purchaser to pay onethirtieth OF the |
whole price on the first of each sue |
ceeding year until the whole Ia paid. |
and interest at the rate OF per cent. |
per annum on the whole OF the UNPAID |
purchase money from date, payable on
or before the frat day OF March OF each
year; provided that no failure TO make
any payment of principal, except the
first, shall work forfeiture until the
maturity of the obligation.
Sec. s. That for all paymentsof prin-
cipals or interest made to him by ap-
plicants under the provisions here,
the state treasurer shall issue receipts.
Upon receiving any first payment for
land applied for as herein provided the
state treasurer snail Immediately not-
~ the proper district or county sur
veyor that said payment has been
made. Upon the failure of the appli-
cant to make his first payment of prin-
cipal or any subsequent annual pay.
ment OF interest, or upon his failure To
discharge the amount OF he entire OBJ
legation when the same is maturtd.
the state treasurer shall indorse "for.
feitedn upon the application, and shall
Immediately notify the proper survey
or OF the default and OF the action
taken thereupOn.
Sec That in his office the county
surveyor shall keep a map of the
county OF which he is surveyor, and
the district surveyor shall keep in his
office maps Of all the counties in his
district. These maps, with "record
ofapplicatiOn, shall constitute mart
OF the records of the surveyors office,
and shall always be open to public in
spection and shall not be removed
from said office. Whenever q tract of
land Is applied for and the county or
district surveyor Is officially notified
that payment has been made upon
the same snd accepted by the state
treasurer, he shall mark, in distinct
and colored ink, correctly delineated
and located, plot OF said tract
upon the map of the
| proper county, and within the
bounds Of the plot of said tract so de
linested on such map he shall write
the name Of the applicant, date of APP
plica'ion and page and volume where
recorded. Whenever any tract of la d
applied for Under the provisions of this
act Ia forfeited from any cause whatso
ever, the county or district surveyor,
upon receiving official notification OF
the fact, shall write Forfeited" in dis
tinct letters upon such tract as plotted
upon his official map, showing the
date of said forfeiture. And he shall
note the same in red ink, written dag
onally across the recorded copy of the
application for said land
Sec. 10 That one years. continuous
abandonment of tract of land applied
for, or any default as provided in arti-
Gle - Of this act, shall ipso facto work
forfeiture, and in case of abandon
ment or default such land shall inn
mediately become subject to entry rs
II no application bad ever been made
for the same.
Sec IL. That no patent shall issue
upon any application until three years
from the date OF filing such applica
ton, and until the payment of the en-
tire amount of principal and accrued
interest due the state at such time
And il at the expiration of such tint
the original applicant-Or, IL he b'
dead, his widow, or, in case of he
death, his heirs or devisee, or, in Cast
.
cation. her heirs or devisee In
: case of her death-proves as hereinaf
ter before the county Judge of tn
county wherein said land is situated
, or IL in an unoTganlZed county, tn
: county TO which such unOrganizet
county is attached, for surveying pur
poses, that he, she or they have re
sided upon and cultivated the sam
for term OF three years immediatel
, succeeding the fill g of such applica
: ton, and makes affidavit that no par
J, OF said land has been alienated, eek
! cept as hereinafter provided; sue
u proof shall be committed to writing
= signed and sworn to before the count
Judge aforesaid, who shall forward th
same TO the state treasurer, with hi
certificate of the credibility OF tn
parties making such proof and of th
!. fact of the publication of intention
:, make proof of final settlement .
= hereinafter required.
Il Sec. II. That before final proof Bha
h be submitted by any applicant undt
tie provisions of this act such pelso
/, shall file with the clerk of the count
# court OF the proper county written NJ
= tice of his or her intention 10 max
il such proofs. Such notice shall descrit
q said land by metes and bounds, nun
n Der of acres, survey number, certiiiea
Z number, name OF Individual or corp
h ration to whom was issued the Ger
ii cate by virtue Of which such locatioo
ID was made, and the county wherei
to situate and the names Of the witness'
4. by whom the necessary fact will be e
NJ iablished. In no case shall les nun
q. Der than two witnesses, besides appl
=. cant, be sufficient TO evoh
% tinal proof. And If an
" witnesses making such proof,
10 the said applicant shall swear false
q. as TO any material matter contained
Il. such proof, aflidavits or oaths, sue
r. swearing being willful and corrupt
et shall be punished as provided In q
~ ticle - of the penal @ de.
of Sec. 10. That upon the ming Of u
~, notice required by the preceding 81
~ ton, the said county clerk shall pu
70 ljsh a notice that said application b
N. been made once week for four co
Ne secutive weeks in any newspaper To