The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-04-09

HINiNl Nv wv ffHffN fsNN NIN'Nf wv
shall nln the stme IN HI gnire snd isau
hls certificate M lea lhefenf setilnl
iNfili ilin ainOnnt paid 80 treasured
ana the 1nAni ~ anI other neress ~
iespfip ton ~ The lad Hfpl'e1 fUf
whioh' eefiina,tn shalt be- inioedistelj
forwarded tu the purchaser,
NrC ~, should the applicant fail Il
make hi FIRST payment a. required los
the preceding section, Within au DAYS
from the date Of his application. and
present tho CeTtitiCAlH iTUn the COinmi,
siouor of tho general land office Ia The
,urycypr within OO days Thereafter, the
land shall no again fur sale, and iha rlr'
veyOr shall he authorized IN rruaiVe 40
plicitinn IN purchase the same ~ In the
iirst instsnoei provided, however, tnsl
he shall not receive or record "a second
application from any person for TIE
same land Tor which he hes once made
application 10 purchase under tolls act,
'SRC. ~. The applicant At tine time lac
forwards his application and iirst paw
mBnt Ia tho stato treasurer shall also exc
cute and forward To the said treasurer
his promissory note for tho balance OF
tho price OF the land purchased by HIN,
agreeing and STIMULATING therein TO pay
lhe governor OF the state aud his sue
cossGr In office, on the first day Of Jan
tieth OF the amount OF the note with D
per cent interest ON the whole Of the
note remaining unpaid at toe time OF
such payment, giving In said obligation
suCn description III the land ~ Will
identity the same. The purchaser shall
have tho privilege OF paying tho entlra
price of his land after no has actually
occupied aud improved tho same Tor n
perod OF three years. He shall also
L. II -. lsfa TaF
Of the principal, except the
first one-thirtieth; provided, that
all payments al principal anu IN
terest shall he made within W years
from date OF the note, and the interest
shall be- paid annually ON or bsiors the
LIST day OF August of each year. SAID
note shall be- filed by the state treasurer
In hi, Office, and 10 shall remain there
until fully paid of and cancelled.
SIG. II. The surveyor shall, upon
presentation OF tho certificate OF the
com missioner of the general land Oihce,
proyideu tor in section ii OF this act,
note the same on his
record of applications To purchase pro-
vided for In section ID OF this acs, with
date of presentation; bs shall then note
such entry on said certificate and re-
turn the same to the pure haser.
SIC. Is. The commissioners OF the
general land office shall then procure n
well-bound book, in which shall DO kept
an account with the purchaser q any OF
said lands, showing the amount for
which tue original obligation was given
and tbs interest accruing thereon;
and it shall be- the duty OF the
state treasurer, upon receipt o. any paw
ment trom the purchaser, 70 execute
his receipt for the same and forthwith
=. IL a. oil. tnNta -tn An "a
general land office, whose duty IL thall
be to credit the account of tho purchaser
with the amount 40 paid To the treas
urer, and forward his certificate Of such
payment 10 the purchaser, ria agent or
attorney.
SEC. 10. Any person purchasing any
of said lands shall actually settle upon
and improve the same within AK
months from the date of his application
10 purchase, and shall continue 10
occtpy the same Tor Il period OF Ihree
CONSECUTIVE years from thd date of such
settlement; provided, that any pur'
chaser may sell his land 50 applied Tor
,ftar he shall have made his trs5 psy'
ment aud settled upon the land IN good
faith, and not before; but in thgt event
his yeudse shall file in tho general land
otIia "A properly Authenticated transfer
from the said original purchaser, and
the said yludGe sha. in UetiatelY set
tie aeon the laad aul shal' be liable I
all the Obligations, G ndlLlonS ana pen
allies imposed upon the original FAR
chaser.
I SEC. 20. Within one year next Eitcl
Nh. exp,ratiou OF tho iGrao years o'ru
paucy of tho land above required, IN,
purchaser shall make proof OF his setble
ment and occupancy OF such iant
before The county clerk o
the county in which the land is situated
and IL tho land be situated IN an unor
ganized county, the proof shall be mad'
before tho county clerk of the county z
which such inorganic county is at
tached for judicial purposes. such pro"
| snglt be by affidavit i'll writln Of I.
n,Acbaser, 10 the effect that no or aht
| has actually settled upOn In good tdi'l
AVID has continuously occupi d the ldu'
so purchased for the period OF tire
consecutive years from the dale OF set
tlemcut, specify ing such date. In cas-
the land shall have been transferred TN
affidavit shall be made by the per'"l
10 whom 1T was transferred, ana ShaI
state that the alliant and his aSsiGn"r
nave together occupied and improve
tho land Tor the timo above required
and il the head of a family, the aiiiau
shall also state that he settled with hi
family on said land, and has coutlnu
uusly occupied the same from the dat
of such settlement In each OF tho aboV
cases the affidavit shall be signed bv tn
party making it, and sworn to betor
the clerk afore said, ana shall be col
federated by the affidavit in writing
three DISTINGUISHED and Credible cit!
zens of tho county in which the land
1 situated or of the county in which ~,
affidavit is made, and the clerk sha
cer;lfv to the credioility of such WI
nesses, under his hand and seal of Office
Said aifidaviJs shall be tilod in the ger
eral land off ce within 80 DAYS after tn
same are made, and any purchaser iai
ing to make such PROOF m
file the Same in the general land oihc
as above required, shaIl lorir
all his rights to the ian
so purchase by him, and all payment
made thereon, and the land snail aGai
ne nut upon the market for sale bv I'll
surveyor, upon the receipt of notice
such forfeiture from tho commissions
of the general land office; and the fai
ure to make prompt pay ment OF the II
terest due upon the purchasers note, n
ouired by this act, on or before the Il
dsy of August of any year, or q fhiur
to pay all the principal and lntere'
within 80 years, shall in like mamie
forfeit the land and all previous pay
mentS llhtlo tuSf Gpi,dhh siio T"iiO ''''-
i'm like manner be again Tor sale.
SEC. Fl. Any purchaser failing &
comply with the cor ditions required I
him by this act shall forfeit the land al
Piled for, together with all payment
made, without a judicial ascertainmet
of such forfeiture, and tho state trea'
urer and commissioner of the generi
land office shalt each close the accour
kept by them with the purchaser o
same, "Land forfeited" And no deiaul
ing purchaser, or those CLAIM
ing under him, shall eyad
or avoid the effect of such forfei
ure at once by reason of any statute G
law which, for coverture, Infancy or tn
like, would otherwise give them tim
for additional payment or action, e>
ala,