The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-02-03

he shall attach the same to the above ap-
plication to purchase.
Sec. 4. The purchaser shall immedi- |
ately forward to the state treasurer the |
above application, together with one |
thirtietk of the price of the land applied |
for, and If it is chiefly valuable for the |
timber thereon, he shall forward the |
whole of the price thereof. The treas
urer shall enter credit on his books in
the name of the purchaser for the
amount SO received, giving such descrip-
same, he shall then issue his receipt for
said amount and deliver it with the
above application, affidavit and field
notes to the commissioner of the gem
eral land Office, who shall file the same
in his office and issue his certificate in
lieu thereof, setting forth the amount
PAID the treasurer, and the quantity
and other necessary description of the
land applied for, which certificate shall
be Immediately forwarded to the pur-
chaser.
Sec. 8. Should the applicant fail to
make his first payment, as required by
the proceeding section, within thirty
days from the date OF his application,
and present the certificate from the COM
missioner of the general land Office, to
the surveyor within sixty days there
after, the land shall be again for sale
and the surveyor shall be authorized to
receive application to purchase the
same as in the first instance; provided,
however, that he shall not receive or
record second application from any
person for the same land for which he
has once made application to purchase
under this act.
Sec. 9. Tho applicant, at the time
he forwards his application and
first payment to the state treas
urer, shall also execute and forward
to the said treasurer his promisOry
note for the balance cf the price of the
land purchased by him, agreeing and
stipulating therein to pay the governor
of the 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 5 per cent. interest on the
whole OF The note remaining unpaid at
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
time OF making his first payment lin
such case no note shall be required) 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 tho 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 and interest shall
BIO 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 IL shall remain there until
fully paid off and cancelled.
See. 7. The surveyor shall, upon pre-
sentation Of the certificate of Che com
missioner of the general land office,
provided for in sections and of this
act, Immediately note tho same ON his
record of applications to purchase, pro-
vided for in section 3 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. 8. The commissioner of tho gem
eral land office shall procure a well
bound book, in which shall be kept
an account with tho purchaser of
any of said lands, showing the
amount for WHICH the orig
inal obligation was given, and
the interest accruing thereon, and il
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 Ii to the
commissioner of the general land office.
whose duty il shall be 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. y. 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 for
the period OF three consecutive wears
from the date of such settlements; pro-
yided, that any purchaser may sell his
land so applied for, after no 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 land Office a 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 II the land be situated in an un-
organized county, tho proof shall DO
made before the county clerk of the
county TO which such unorganized
county is attached for judicial purposes.
Such proof shall DO by affidavit in writ
ing OF the purchaser to the effect that
he or she has actually settled upon in
good faith, aud has continuously occu-
pied the land so purchased for heperiod
OF three consecutive years from
inc 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
II was transferred, and shall state that
tho atliant and his assignors have to-
gether occupied and improved the land
Tor the time above required. In each OF
the above cases the affidavit shall be
signed by the party making IL and
sworn TO before the clerk aforesaid, and
shall be corroberated by the affidavit i'm
writing of three DISTINGUISHED and credi-
BILE citizens OF tho county i'm which tho
land Is situated or of the county I'm
which the affidavit is made, and the
clerk snall certify 10 the credibility OF
such witnesses under his hand and seal OF
office. Said aflidavits shall be filed i'm
the general land office within thirty
days after the same are made, and any
purchaser falling TO make such proof
and file the same in tho general land of
lice a. ahoyerequired, shall ipse faoto for
felt all his rights 10 the land purchased
ny him and all payments made there
ON, and the land shall be again put upor
inc market Tor sale by the surveyor OF
receipt OF notice of such forfeiture from
tho commissioner of the general land
oilicc. Aud a failure TO make promp
payment OF the interest due upon the
purchasor's note, required by this act
on or before the first day OF March oI
any year, or u failure to pay all tn
principal and interest within thirty
years, shall in like manner forfeit III,
land and all previous payments mad,
thereon. aud the same shall In like
manner be again for sale.
Sec. III. Any purchasar failing o.