Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-06-08
AMENDED LEASE LAW.
THE FULL TEXT OF THE BAKER
BILL RECENTLY ENACTED.
To Provide for the Sale or the Lease of the
State Lands, and to Prevent unIaw-
full Enclosure of Same.

! tefore or hereafter surveyed and set
| apart for the benefit of the public free
schools, the university, and the several
~ asylums. aud the lease OF such lands, and
I of the public lands of the state and to pre-
| vent the free use occupancy. unlawful
| enclosure or unlawful appropriation of
! such lands. and 10 prescribe and provide
| adequate peualties therefor" Approved
| April J. 1881: approved April s lSS9.
| Section |. Be it enacted by the legis-
| lature of the state of Texas that an act to
amend sections .. 5, II. -, Il. II and ~, of
! chapter 90, of an act TO provide for the sale
! OF all lands heretofore or hereafter sur
/ veyed or set apart for the benefit of the
| public free schools, the university and the
several aSyiumS. ana the lease OF Such
| lands and of the public lands of the state 10
! prevent the free use and occupancy, unlaw-
| ful Enclosure or unlawful appropriation Of
| such lands, and to prescribe and provide
| adequate penalties therefor Approved
| April /, 1881. Approved April 5, 1889.
| Be it so amended is 10 hereafter read as
| follows. to-wit'
Sec , If upon the 1st day OF November
of any year the interest due on any obliga-
ton remains unpaid the purchaser shall have
| until the LIST day OF April following in
| which TO pay said interest. and for sand de-
fault said purchaser shall pay 20 per cent
penalty on said interest then past due; and
| if said purchaser shall fail TO pay said past
| due interest and penalty on or before said
| lSt day of April, the commissioner Of the
general land Office shall indorse on such
obligation land forfeited and shall cause
| an entry TO that effect to be made on the ac-
| count kept with the purchaser, and there
upon said land shall be forfeited TO the
state without the necessity of re-entrY or
| judicial entertainment. and shall revert 10
the particular fund TO which it originally
belonged, and be reSOld underline provisions
of the act or any further law: provided, if
any purchaser shall die, his heirs or legal
representatives shall have one year in which
to make payment after the lst day of No
vember next after such death: and if any
purchaser shall fail to reside upon and I'M
prove in good faith the land purchased by
him, he shall forfeit said land and payment
thereon. made 10 the state. in the same
manner as for n)n-payment of interest,
ana such land shall again be for sale
IS if no such sale or forfeiture had occurred,
or if he shall to make the proof Of occu-
pancy within the time and in the manner
prescribed by the regulations Of the COM
missioner of the general land office, as pro
vided for in section 9 of this act, he shall IN
like manner forfeit the land and all pay
ments thereon to the state. Provided fur
Their that nothing i'll this section contained
shall be construed to inhibt the state from
instituting such legal proceedings as may
be necessary to enforce such forfeiture or
to protect any other right TO such land.
which suits may be instituted by the attOr-
ney-general under the direction OF the gov
ernor. in the proper court of the county i'll
which the land lies, provided that this
section shall be printed on the back of the
receipt.
Sec "A. The public lands and all the
lands belonging to tine public free schools,
asylums and university fund shall be leased
by the commissioner of the general land
OF such lands lying west of the PecoS river,
and all such lands lying south of the Texas
and Pacific railroad, except the counties of
ConchO, McCulloch. Coke, Sterling. Glass
cock. Midland. Ector. Tom Green. Howard
and Martin, and all university lands shall
be leased for a period of not longer than ten
years and all other such lands lying
north Of the Texas and Pacific,
and the counties hereinbefore ex-
cepted from the ten year lease. shall be
leased for Il period of not longer than five
years, and the lessee shall pay an annual
rental of 1 cents per acre for all lands
leased provided that the university lands
may be leased for 3 cents per acre per
annum, which rental shall be paid each
year in advance the first payment to be
made at the time the lease is executed; and
ii at the termination of any lease, any Of
such lands are not in demand for actual
settlement, they may be again leased for
another five years, and the leSSeeS thereof
whose term of lease has expired, shall haVe
the refusal of such land as has been leasing
on the terms and at the price that may be
fixed therefor by the commissioner of the
general land Office, and all leases shall be
executed under the hand and seal of the
commissioner of the general land office,
and shall be delivered TO the lessee or his
authorized agent, and such leases shall not
toll ha of.
rent is paid and the lease is duly filed for
record in the county where land lies, or
TO which it may be attched for judicial
purposes, and it shall not be necessary for
the commissioner to acknowledge such
lease before the same is placed on record.
Sec. Is. Any person desiring TO lease
any portion of public lands belonging to
any of the funds mentioned in this act, the
sale and lease of which is not provided for
BY any other law, shall make application in
writing to the commissioner of the general
land Office specifying and describing the
particular lands he desires to lease. There
upon the commissioner, if satisfied that the
lands are not in demand for purposes of
actual settlement and that such lands can
be leased without detriment to the public
interest, shall notify the applicant in writ
ing that his proposition TO lease is accepted.
and thereupon he shall execute and deliver
to the lessee in the name oi the state a
lease OF sad ldnu Tor Sucn term as may be
agreed upon not longer than the period of
time fixed by this act according to its loca-
ton. and deliver the same to such lessee.
when satisfied that the lessee has padE
the treasurer of the state the rental for one |
wear in advance. No lands which are now.
or which may hereafter be classified as
grazing lands within the territory where |
ten years lease is authorized, as set forth |
in the preceding section of this act. shall be |
subject TO sale during the term of the lease
contract thereof, and the possession of the |
lessee shall not be disturbed during the |
term of his lease. All lands, the lease of |
which is fixed by this act at not exceeding |
five years. shall be leased subject to sale. |
provided. that Nif any lessee has actually |
settled upon any section OF land included in /
his lease and erected thereon his residence |
and substantial Improvements for perma- |
nent settlement, such section shall not be /
sold, nor shall such settler be disturbed |
during his term of lease, and all leases of |
agricultural lands embraced in the territory |
aRhere lease not exceeding ten years is |
provided for in this act, shall he subject |
to sale to actual settlers. except when set |
Element and improvements are made as |
hereinbefore provided for in this section by |
the lessee. In all cases when an actual SET !
tier may desire 10 settle on any section of |
grazing land, which may have been leased |
under fiye-year contract of lease, such |
actual settler shall first erect thereon sub |
Stautial Improvements Of the value of not !
less than 500, within four months after |
making his application to purchase. salts |
factory proof of which shall be made under |