Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-25

NNt'Vii ~ me pubic lands and all lands
referred to IN the several funds mon.
TONED In this act shall be leased hy the
commissioner OF the general land office
under the provisions of this act All lands
CLASSIFIED as agricultural and all lands
containing permanent water thereon shall
DC leased for u term OF five years or less
at not less than three cents per acre per
annum. and all lands classified as pasture
or dry grazing lands shall be leased Tor a
term Of not more than ten years at moi
less than two cents per acre per annum
which rental shall be paid yearly In nd-
vance, the FIRST payment to be made ut the
TIME the lease contract Is entered into
II at tho termination of any lease the
lands covered thereby are stlll for lease
the lessee thereof shall have tho prefer
ence right to again lease such lands there
tofore leased by him upon the terms and
at the prices then fixed by law. All
leases shall be executed under the hand
and seal of the land commissioner and
delivered TO the lessee or his duly author
lied agent, and such lease shall not take
effect until the first annual rental ia paid.
and such lease thereof duly filed for
record In the clerks office of the proper
county. and II shall not be necessary for
the commissioner 10 acknowledge such
lease contract so signed and delivered;
and all leases under the provisions OF tlAs
act shall be advertised by the commission
IL
and let TO the highest responsible bidder
In such quantities and under such regu-
lations as he may think TO the pest inter-
est of the state. not inconsistent with the
equities OF the occupant. All bids and
offers 10 lease may DO rejected by him
prior to signing the lease contract, for
fraud or collision. or other good and
sufficient cause
Section -, All lessees from the state
OF lands named In this act. who are one
year or more in arrears on their contracts
for rent, shall have the right for the
period of four months from the time ibis
act shall go into effect, but rot longer,
within which they may execute and de-
| liver 10 the commissioner Of the general
lend oftice their respective obligations In
writing, with pcrsc nal security salts
factory to the commissioner. for the re-
spectiyc gums of money then owing by
| them to the State; and on delivery Of
such obligation to the commissioner and
| the cash payment of one years rental in
advance. they shall have the right to
have their lease contracts cancelled. and
may lease such lands anew under this
act. Such obligation shall bind such
| lcssecs TO pay said sums OF money. ono
| third in ono year, one-third In two years
ana the remainder In three years from
date, and shall draw per cent interest
per annum, payable annually; and there
| upon the commissioner shall balance their
accounts on the books Of his office and
| cancel and deliver up their old leases and
make TO them new leases under this act
! All lessees who are not In arrears for
rent or who shall pay al Indebtedness on
| leases, have the right TO surrender their
| present lease and lease anew their said
lands under this act.
! Section q. II the governor shall at any
| time be informed upon tho affidavit OF
some credible person that any portion OF
! the public lands or tho lands belonging
! TO any OF the several funds named in this
act have been enclosed, or that fences
| have been erected thereon without au-
| thorlty of law, no IS authorized in his
discretion TO direct the attornty general
to institute suit in the name Of the state
for the recovery OF such lands and dam
ages, and fee OF not iess than $40 for
tho attorney when tho sum recovered is
less than 500 and when 1t is over that
sum the fec shall he 10 per cent, to be
paid by the defendant for the rse and
occupancy of the same, and the removal
OF such enclosures and fences, aud such
dpmaEes shall not be for less sum than
the amount of all the leases due during
such occupancy. Such suit may 10 In
stitutcd In the district court of the judicial
district in which the land or amy portion
thereof Os) situated; and upon applich-
ton OF tho attorney general and without
affidavit or bond the court in which suit
is pending shall issue writ Of sequcstra-
ton directed to any sheriff OF the state
commanding and requiring such officer
to take such land and all property thereon
belonging to the person or persons 50
unlawfully occupying said land into his
ttual custody. and hold the same sub
Iect to the further orders of the court
Such writ OF sequeatration may be exc
cutcd by any sheriff OF the State into
whose hands II may be delivered, and II
CHI l,n n ~ an ahnFin lutO nFhOrr
hands II may come TO proceed and exc
cute such writ. The defen iaTt in sucn
suit may replevy rs in ordinary cases
by giving bond as prescribed by law, AM
such cases shall have precedence IN the
docket and stand for trial before all other
cases; and in case judgment Is recovered
by the State in such suit, the court shall
order such enclosures or fences 70 he re.
moved and shall tax the cost Of the suit
II any against the defendant. and al
property found upon the land belonging
TO tho defendant, not exempt from exc
cution, shall be liable to the payment OF
such costs and damages in addition TO tht
personal liability of tle defendant. APP
reals may bo prosecuted from all iudg
mcnts in such cases as in ordinary cases
except that the State shall not be re
qulred 20 give bond TO perfect Its appeal
aud such cases on appeal shall have pre-
cedence over all other cases. if any per
q
the same is enclosed by fence shall fol
any cause decide not to continue payment
Of his lease either in whole or in part. he
shall give public notice by publication In
any local paper having the largest clrcu'
lation, for mt least sixty days before the
time IN which his next annual payment
shall become due, that he will not c6n'
tinue his lease after the year for whiof
payment is made, and shall also state thc
number and block OF the land which ht
will not lease inside his enclosure, II III
only intends to surrender part OF us
lease, and shall post and keep posted ioi
said sixty days notices on all the gate.
OF mis- pasture OF such intentioni them ant
then only. he shall not be subject to th'
suit nor be liable for the damages pro
vIded for in this section.
The contention is that chapter a. wlnoi
was passed while the Goss act was stil
in the hands of the governor, became
law by executive approval one day before
the Goss act acquired q statutory status
bv becoming law without the governor
signature. From this 1t is s-fied that w
Coss act having no existence AT the uih'
chapter IS was approved said char t,el
must he invalid as It rurports TO amend
law which was not law when II wa
signed by the governor
BRENNAN budget.
Branhnm. Texas. October 2S.-The w,
Ma agricultural implement factory, Is eS