The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-03-19
Attorney Generals Office,
Austin, March Z, 1896.
Hon. A. j. Baker, Commissioner Gen
eral Land Office, Austin Texas:

lion. n. d. DukeT, COMMISSIONER uCn-
eral Land Office. Austin Texas:
Dear Sir-Replying to your several
letters in reference to sales of land made
under the several acts of the legislature,
and as to the method of FORGETTING the
same, | beg to say that as far as my
examination has gone, the whole subject
| seems to be comprehendcd in one arti-
| Gle of the Statute, it being article 42lSL
of the Revised Statutes of 1898. That
| portion of the same pertinent to the
| question at hand reads as follows:
| Article 421SL-If upon the first day
| of November of any one year the inter-
est due on any obligation remains un-
paid, the commissioner of the general
land Office shall endorse on such Obliga-
ton Gland forfeited" and shall cause
an entry to that effect to be made or
the account kept with the purchaser,
ed to the State without the necessity of
re-entry or judicial ascertanment, and
shall revert to the particular fund to
which it originally belonged, and shall
be sold under the provisions of this chap
ter or any future law; provided, if any
purchaser shall die, his heirs or legal
representatives shall have one year in
which to make payment after the first
day of November next after such death,
and shall be absolved and exempt from
the requirement of settlement and res
idence thereon. And if any purchaser
shall fail to reside upon and improve
in good faith the land purchased by him
he shall forfeit said land and all pay.
ments made thereon to the State, in the
same manner as for nOn-payment of
interest, and such land shall be again
for sale as if no such sale and forfeit.
ure had occurred; provided that all
necessary and temporary absence from
such land of such purchaser. for the
time of not more than six months in any
one year, for the purpose of earning
money with which to pay for the land,
or for the. purpose of schooling his chill.
, dren, shall not work forfeiture of his
, title; provided further, that nothing in
this. article contained shall be construed
to inhibit the State from institutinp
such legal proceedings as may be neces.
sary to enforce such forfeiture, or tc
recover the full amount of the interest
ana such penalties as may be due the
state at the time such forfeiture oc
| Cured, or to protect any other right f.
4 such land.
. Inc article from which the quotation
: maze IN my opinion applies to al
: sales heretofore made whether undeI
1 the present law or under pre-existin.
Jaw. Inc change made in the remede!
: previously existing is, in nv opinion
; no greater than the legislature was an
! thorized to make
y And inasmuch as the legislative rem
u edy was no part of the original con
tract, the change can not be regarde,
IN any proper sense as an impairmen
OF the original obligation (See tho M
, thorities cited in my letter to Won n
u date March 6, 1850 y
q | beg to add, however. that the for
\ TEXTURE does not in any sense relaos
- the purchaser from the amount Of tb
interest now due. III
p. | assume, of course. that the nortin
r IN arrears will be given an opportnnit
Q to pay before forfeitures are entered
: as doubtless they have been led to he
e lieve that suits would be instituted an,
r that they might relieve themselves y
$ the consequences of such suits ot an
: time before judgment was rendered h.
e payment of the principal and interas
then due. This last, however. is n sno
gestion which is perhaps unnecessorv e.
me to make. as it would doubtless ~
n cur to you upon taking the question ~
|. ior consideration. Yours very truly.
). N. NJ. CRANE.
Attorney General