Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1895-10-25
..,t If the Law on Which Maadamus
Suits Are Based.
SECTIONS SOUGHT TO Be REPEALED
49,, Amended by the Act which
vns PASSED NNbIic the Origi-
mai was In Hand

n .Sa saprcmc court by II. Mckenzie of
Tom Green county
,,.,nter SIS. Il No. 2sa) An act TO re-
ssi section ~ and to amend sections
and "a Of senate bill No. %. entitled
IAN act TO provide for the sale OF all
lands heretofore or hereafter surveyed
nna set apurt for the benefit OF the pub
~ srer schools and the several asylums.
"a Tho lease OF such lands, and OF the
at,iMr lands of the state, and the pat
stlnfr of any part Of said lands for
c,n,rrh. cemetery, or school house sites;
VA 10 prcveut the free use, occupancy
and unlawful enclosure or unlawful APP
nronrtatlou OF such landsi and TO pre-
scrihp aud provide adequate penalties
,Noreror." passed at the present session
section I. BE It enacted by tho leglsla'
,,,o N tho state OF Texas: That section
"a AZ senate bill No. %, entitled AN act
"a nroyIdo for tho sale OF all lands here
tore or hereafter surveyed and set apart
sor the benefit OF the public free schools
I'D the several asylums, and the lease OF
snch lar:ds, and OF the public lands of
,he state. and the patentlng OF any part
~ snid lands for church, cemetery or
scbool houge sites; and TO prevent the
fr., use. occupancy and unlawful en-
closure or unlawful appropriation Of such
lsn1s and to prescribe and provide Ode-
ouate penalties therefor passed at the
Hrlgent session. be and the same is here
Ia repealed, and sections II and q OF said
net he and the game are hereby amended
SO as To hereafter read as follows:
Section II. The public lands and all lands
,cfrrtcd to I'm the several funds mentioned
IN this act shall be Leased by the commits
sIoner Of the general land officc under
the provisions OF this act, at not less than
three cents per acre. All lands classified
as agricultural and all lands containing
f..Hs la rE0FN "a Ions nh
Tor a term OF i've years or less, and all
lands classified as pastoral or dry graz
ing lands shall I've leased for a term Of
not more than ten years, and the rental
shah bc paid yearly IN advance, the first
payment to be made ut the time the lease
contract Is entered into. II ~ the tcrmi-
nation OF any lease the lands covered
thereby are still for lease, the Jesse there
Of shall have the preference right 10 again
lease such lands heretofore leased by
him upon tho terms ana at the price then
fixed by law. All leases shall be executed
I under the hard and seal of the land COM
4 missioner and delivered to the lessee or
4 his duly authorized agent, and such lease
shall not take effect until the first an
nual rental Is paid and such lease thereof
4 duly filed for record In the clerks Office
4 Of the proper county, and 1t shall not bc
necessary for tho commissioner to ac-
\ knowledge such lease contract so signed
i and delivered; and all leases under the
\ provisions of this act may be advertised
A hy the commissioner in such manner as
he may think best, and let to the high
; sst responsible bidder IN such quantities
4 and under such regulations as he may
think TO tho best Interest of the State not
Inconsistent with the equities Of the oc-
n cupant. All bids and offers to lease may
& be rejected by him prior to signing tho
lease contract, for fraud or COLLISION or
d ether good and sufficient cause.
Section "a n the governor shall at any
time be crodloly informed that any por-
lion OF the public lands or lands belong
Ing TO any OF tho severa. funds named In
4 this act have been enclosed or that fences
nave been erected thereon without au-
s lhority OF law he IL authorized in his
& discretion TO direct tho attorney general
10 Institute suit In the name Of the state
Tor the recovery OF such lands and dam
ages, and a Zee OF not less than so for
# NE attorney when the sum recovered Is
less than 800, and when 1t II over that
nun the fee shall be 10 per cent to be
81 PAID by the defendant for the use and
4 occupancy OF the same, and the removal
= 81 such enclosures and fences: and such
N damages shall not be- for less sum than
81 me amount VI all the leases due during
such occupancy For the recovery by the
state OF all lands sold under the pro-
81 Visions OF this or former laws which
N nave been or may hereafter be forfeited
M 10 Inc State for any reason, and for the
recovery Of any money due the state on
leases made under this or former laws.
+ ana Tor the recovery Of damages for the
unlawful use and occupancy Of suoh lands
y provided In this section. or any former
"A hWs, jurisdiction Is expressly conferred
IN me courts OF Travis county having
jurisdiction thereof under the constitu-
ugh eoncnrrently with courts OF the dis
al uic,s IN which the land is situated, and
X 'll such suits shall be instituted by the
1s'orney general or under his direction.
~ suits provided for In this section, the
Ia sVurt ahall ISSUE writ OF sequestratiOn
eleeted TO any sheriff OF the state. com
'usNulhs and requiring such officer 10
M axe snch land and all property thereon
M e,ong,ng to the perse,, er persons SO UNI
IH MNlllly occupying said lands into his
IU es'ual custody, aud hold the same sub
m yI 10 further orders OF the court. and
,as STATE shan not foe required TO give
~s"u' such writ or sequestratlon may he
MI 1.suteu by amy sheriff OF the State into
M '"use hands 1t may he delivered, and
4 snAi be tho duty OF any sheriff into
W S'e hahds II may come TO proceed
< ~ execute such writ. The defendant lr
suit may replevy as in ordinary
a Eases by giving bond as prescribed by
Ia ~ ana such cases shall have prece-
ri les ese on the docket and stand for tria
NJ 9.e All other cases; and in case judg
srt, recovered by the State In such
Mt os the court shall urder such enclosure
ri H. 'vlees TO be removed, and shall tag
AZ, sts OF the suit against the defend
~ isvh anu all property fouud upon the
n, emu, nsslonsing to the defendant. not ex
M tbs rom execution, shall be liable e
u IN hHment OF such costs and damage:
b M. altlon to the personal liability o.
n cn,,s Hehdant, Appeals may be prose
I1i 60. from all Judgments in sucf
N M as In ordinary cases. excent tina
bobd 4a'e shal not he required TO civ,
rs car. 70 perfect its appeal, and su'
~ oyss ~ w appeal shall have proceed, N
Il nni. al other cases. II any perso- shl
4 Ae lease contract, and after ti,..Hm
M deeiaA, ~ by fence shall for ,;/caus
MI ltasc ,i mo. TO continue payr Y OF hi
Nv sther in whole or In pIeR he shall
1 10, nahue notice by puhl0lon in an,
PAPER having the LATEST circulation
N IN ali ras' sixty days before the tim
Z annual payment shal
lessselaI >sneeJ he Will not continue hi
N /, NJ, the year for which paymaii
n AMI nv and shall also state the humble
F leat. XVI, OF the land which he will no
tens, i.alae his enclosure. II he only In
[ ara ~ surrender a part Of his lease
t ~, Ahal post and keep posted FOR sni,
h tere ~ notice on all gates of his pas
only ~ suen intention then. and thel
nor itst, anal not be subject TO the sui
In MI oie FOR the damages provided 10
W S<ckiAn M