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


Dr avoid the effect ~ such forfeiture N
once ny reason of any statute or las
which for cOyrriufe, Infancy or The
like, would otherwise give the adhi'
/ tlnnHl tiiun fnT the ptYnHnt ar Hrtlpu
except ~ iulluwsi Should any le-tOt
die ~ become insane, the legal repro
sentatiyes nr heirs AZ the Decreased ~
guardian # the luDatic shall have one
year within which a. pay the annu 81
rental due next after such death or judg,
mrnt declaring tho lessee lunatic,
Such legal representatives, heirs ~
guardians, may proceed Ia carry out the
contract of such lessee In all respects
as IL NO such death or lunacy had Oc-
Cured.
com missioner OF tho general land office,
after the forfeiture provided for In the
preceding section shall have beentde-
| clared, 10 issue his certificate declaring
such forfeiture, the cause thereof, aud
forward the same 10 the proper sur
yeyor, 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 (suhJect to the exceptions con
tanned Ia the preceding section) as II no
application had ever been made for the
same. Upon the termination OF any
lease by expiration, the land shall no
again for lease, rs In the first In
stance.
SEQ. 10. All lands leased under the
provisions of this act shall DO subject To
sale as Is by this act provided. When
ever any ltnl leased under this ACT IN
pur, hased, the lessee shall be entitled TO
\ ore dit on his rental acco1nt for pro
rata of the rent paid on the land 80 sold
in proportion to the time yet % expire
of the year for which suoh rcnt was
maid /; and IL shall be the duty of the sur
yeyor whenever application ~ made 10
purchase any leased land to notify the
state treasurer OF such pirchase, sta
ting in such notice inc particular survey
or part of survey, the name or the les
sec, the purchaser, aud date of purchase.
The treasurer, when n sale Is made
shall noe the same on the lessee's ac-
count. indorse the same on inc sur
yeyor's notice, and Immediately
deliver it to the ,. commission ismd
office, whose duty 1t shall be 10 creuit
the lessee for the amount OF rebate TO
which he IL entitled, and forward MS
cortit;cate thereof to the lessee, and such
Lessee shall from the date ofeaeh certin'
cate he relieved from his obligation to
nayment upon the tract OF laad so pur.
chased, and shall be entitled TO deduct
the amount so credited to him out OF ms
next annual payment OF rental; provn,
adj. that should the purchase be made
during the last year of the lesses's term
of lease. then In that case the abovepro
rate of rent shalt be refunded To him
ont OF the state treasury, to be paid out
If the fund to which the land belonged,
upon the certificate of the commissioners
of the general land Office as above re-
ouired. Anyperson the head OF ism-
iiy purchasing any land under this act
in organiZnd counties of 1900 square
miles or lass shall have the right TO
Lease not excee ling four sections living
adjacent to the land 80 purchased by
| him. Notwithstanding IL may he thhn
leased: provided such purchaser shall
not nv such purchase and lease reduce
anv lease to a number loss than 70 sec
tons. Whenever such application Is
made by the purchaser to Lease as a nov,
shall terminate at the end o
the YEAR for which rent shall
have been paid 10 advance, and sucl
subsenuent arplic1 nt's lease shall com
nance. unless he fails to make payment
of hi rents; provided, further, tina
nothing herein shall he so construct q
TO prevent any purchaser from laasinF
anv Unbiased land, as other applicants
nrovided. further. that il the lessee o
. any tract OF land subject to purchase
under the terms of this act shall REFUSE
the right of power of entry to said lane
, To any settler leasing any of sald lane
, under this section, or to any purchaser
, of the same. who will have obJaineC
from the commissioner OF the genera
land office the certificate provided To-
= in section II of this act, and who vii
have presented the same to tAe sur
, yeyor as provided for in section IL o
} this act, theu said purchasers, ON pro
. durinp said certificate so ontai7 ed anC
, nresented to the Judge of any distric
court of this state, whether in term tim
| or vacation, shall me entitled to m orde
, awarding to said purchaser a writ o
: immediate possession o, Saiu ihhu' hli'
= il shall be the duty of the c,erk of sai'
. court 10 issue said writ, directed to an,
: sheriff or constable in this state.
3 SEC. IL. That all lands heretofore o
+ that NAV hereafter be surveyed AM
SET apart for the benefit of tn
, common school, university, the lunatit
: blind, deaf and dumb and orphan asy
lum funds, except such as nave tlmbe
-. located thereon suitable for lumber o
| shingles, he and the same are hereb
: placed upon the market, and shnll b
. soId mon the terms and conditions here
? matter specified,
;, SEC. IL. All lands sold under the pre-
: visions Of this act shall be sod al 81 pc
i acre. Every person who is the head c
/, a family shall be entitled to purchas
r not less than 100 acres (unless there is
@ fraction of less than 100 acres now e,'
h istjna) nor more than $40 acres. an
f every person not the head OF famil
+ and who is q years of age shall he ent
v tied 10 purchase not less than SO acre
!. unless there is fraction of less tha
i SO acres now existing) nor more than 1t
Il acres of said land, upon complying wit
@ the terms aud conditions hereinafte
| ~ 4 In1 hot oh
g be allowed to purchase any survey q
# part thereof held by any other perso
j. Under lease on which there is at th
time of the application to purchase pei
O manent artificial water in tank or we
n made or obtained by any person 9th
s than the applicant. This provision
d however, shall only amply to one sectio
!. With permanent artificial water on it i
q every Is sections of the lease or leas
q of 20 sections or less.
q SEC. Is. Any person desiring
II purchase any of said land snail max
O application in writing to the county c
J; district surveyor, designating the LAM
J. desired by the NUMBER OF the SURVEY
a certifi cate number, name OF the CON
o pany or individual to whom was iasus
n the certificate oy virtue OF which sue
g survey was made, the fund to which
4 belongs, and, if less than whole SUI
h yey, the particular part of the surve
b sought to be purchased; provided tbs
!. no fraction of any survey less than
: acres shall be left by any such solicitor
r nor shall any fractional survey less tina
Q l6O acres be divided. The party maxim
s such application shall attach thereto b
!, or her affidavit, made before some office
o authorized to administer oaths, to tn
' effect that he or she ia the head of a fan
i lily, or is q years of age, that such az
b plication is made in good faith for tn
purpose of actual settlement upon tn
n land as his or her home and not direcl
6 or indirectly for the use or benefit {
!, any other person. Said affidavit sha