The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-02-05
A BILL

By Browning: To be Entitled an Act to
Provide for the Sale of the Lands Here
tofore, or that May Hereafter be Sur
vcyed and Set Apart for the Benefit of
the Common School, University, the
Lunatic, Blind, Deaf and Dumb, and
Orphan Asylum Funds.
In the house Jan. 10, 1SS5.-Read by
caption and referred to committee on
public lands and land Office.
Sec. !. Be it enacted by the legislature
of the state of Texas: That all lands
heretofore, or that may hereafter be sur
viewed and set apart for the benefit of
the common schools, university, the
lunaUic, blind, deaf and dumb and Or
phan asylum funds, be, and the same
are hereby placed upon the market, and
shall be sold as hereinafter provided.
Sec. 2. Every person who IS the head
of family or who has arrived
at the age of q years, shall be
acres (unless there is fraction of less
than 100 acres now exist:ng), nor more
than $40 acres of said land, at the follow
ing prices: If the land purchased has
no permanent water on or bordering on
it, the price to be paid shall be 81 per
acre; if it has permanent water on or
bordering q, on it, The ts price to oor be
a paip if SA It be 10 Chiefly ~ valuable
tor the timber thereon, the price to be
paid shall be - per acre, upon COM
plying with the terms and conditions
specified in this act.
Sec. 8. Any person desiring to pur-
chase any of said land, shall make ap-
plication in writing to the county or dis,
trict surveyor, designating the land
desired, by the number OF the survey,
conn
pany or individual, to whom was issued
the certificate by virtue of which such
survey was made, the fund to which 1T
belongs, and if less than whole survey,
the particular part of the survey sought
to be purchased; provided, that no frac-
ton of any survey less than 100 acres
shall be left by any such selection nor
800 acres be divided. The party
making such application shall attach
thereto his or her affidavit made before
some officer, authorized by law to ad-
minister oaths, to the effect, that he or
she is the head of a family, or is 81 years
OF age that such application is made in
good faith for the purpose OF actual set
home, and not directly or indirectly for
the use or benefit of any other person.
Said affidavit shall also state whether or
not the land applied for has permanent
water on or bordering on it,
and whether or not is chiefly
valuable for the timber thereon.
The surveyor shall be entitled to re-
seive from the applicant fee of 81 for
such application, and he shall upon
payment of said fee Immediately record
said application and affidavit in well
bound book, to be kept by him for that
purpose. After recording, the surveyor
shall endorse upon said application, ire
corded" giving date, page and volume
of the record in which it was recorded,
and sign his name officially thereto, and
return the application and affidavit to the
party presenting it. And If the corners
and boundary lines of the land 80 ap-
Piled for, are not already established
and marked on the ground, the appli-
cant shall also apply to the surveyor for
a survey of the same, and 1t shall be his
duty, upon payment of his legal fee to
be paid by the applicant, to proceed at
once to survey the land and record the
field notes thereof in his office. In GER
tifying to the correctness of said field
notes, he shall also certify, whether or
not the land has permanent water
on or beordring on 1t, and wheth-
or or not the land is chiehy
valuable for the timber there
on. Said field notes, when so certified,
shall be delivered to the applicant, and
he shall attach the same to the above ap-
plication to purchase.
Sec. 4. The purchaser shall immedi-
atclv forward to the state treasurer the
above application, together with ono
thirtietb OF the price of the land applied
for, and II IS is chiefly valuable for sho