The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-22

Of " ouu' IN the oiscreuon OF the couFt
or Jury trying the same. IS
SEQ. S6. Any person who FORCES or pro-
cures to b. forged or assists In forging the
seal OF the registrar. or the name, sIgna>
ture or handwriting Of any officer Of the.
registry office. In cases where such off,
ncer Il expressly or implicitly authorised
to afnx his signature. or fraudulentiy
STAMPS or brochures TO be stamped or assists
In stamping anv document with any forged
seal OF said registrar. or FORCES or procures
10 be forged or assists In forging the name,
Signature. or handwriting OF any person
whomsoever to any instrument which Il
expressly or implicitly authorized to b
sisned by such person, or uses any docu-
ment upon which any Impression or part
| OF tue impression OF any seal Of said regis.
trar has been forged. knowing the Same
10 nave been forged. or swears falsely COM
cerning any matter or proceeding made
and done In pursuance Of this act, shall
De deemed guilty Of felony. and upon
conviction shall be punished by confines
ment In the pententiary not less than two
years nor mere than ten years.
sec 81. NO proceeding or conviction for
any act herein declared to be penal Of.
tense shall affect any remedy which any
| person agsrevod. injured or damaged BY
sucn act may be entitled at law or In
equity against tho person who committed
sueh act. or against his estate.
DO as follows:
On tho Ming OF any application for nrst
,es'stration the applicant shall advance
the sum OF S.. which shall be in full
OF all services OF the registrar and exam
lners up TO the granting Of the certin-
cate OF title. When the application in
Guides titles derived from more than ono
source an additional sum OF s. for each
source shall be advanced. For granting
ccrtihcate OF title upon each application
and registering tho same -
|
the Ming OF all Instruments connected
| herewith and the Issue and registration
OF tho new certificate OF title, s..
When tho land transferred ia held upon
/ any trust, condition or limitation an adj
| ditional fec OF S..
For entering each memorial on the reg
lister. Including the filing OF all instr,i-
ments and papers connected Herewith and
Endorsements upon duplicate certificates,
| s.
testamentary or filing copy of letters OF
administration aud entering memorial
| thereof, --1--.
For tho cancellation OF each memorial
| or charge,
| For each certificate showing the condi-
| tion OF tho registrar.
| For any certified copy OF register or any
| instrument OF writing on file In his Office.
| IN" Same fees now allowed by law to coun-
| ~ clerks for like services.
| All Ie'S Corrected by the rcgiStrdr or
other officer under this net shall he paid
into the county treasury once every thirty
| days.
I Sec 80. This act shall be construed IN.
| orally so far as may be necessary for the
! purpose of affecting It's general intent.
| Sec. 20, Upon the first bringing OF land
under the operation OF this act consequent
| upon tho application OF the owner. as
hcreintcforc provided and upon tho issu-
anco OF certificate Of tito pursuant to
section ~ and also upon the entry Of a
new certificate showing some one either
by device or descent as registered owner,
here shall be paid to the registrar one
tenth OF per cent OF the vnlue OF such
land. Such value shall DO nscertained by
the registrar.
Soc. o. All sums OF money received az
aforesaid shall be paid by the registrar
to the county treasurer OF the county In
which tho land IL situated for the pur-
pose Of an indemnity fund under the terms
Of this act. II shall be the duty OF the
treasurer TO invest all OF said fund. prin-
cipal and income In his hands from time
TO time. II not Immediately required for
payment OF indemnities. In the manner
herein provided and report annually to
the county court tho conditions and In
come thereof All Investments OF the fund
OF any part thereof. shall bc made with the
| approval of said court, by order entered on
record. The said fund shall only be In
vested In such securities as the laws cf
This State In force at the time such In
vcstmcnt IL made permit the permanent
State school fund to he invested In.
Sec ". Any person sustaining loss or
damage through any omission. mistake or
mlsfcasance of the registrar or OF any exs
aminer OF titles or Of any deputy clerk OF
the registrar In the performance of their
respective duties under the provisions OF
this act and any person wrongfully de-
privcd Of any land or any interest therein
through the bringing OF the same under the
provisions OF this act. or by the registration
OF any other person or owner OF such land
or by mistake. omission or mlsdescription
In any certificate or In any entry or mom-
orandum In the registry book and who by
tho provisions OF this net ia barred or In
any way precluded from bringing an ac- :.
ton for tho recovery OF such land or In
terest thereon. or claim upon the same,
may bring an action against the treasurer
OF tho county In which such land Is sit
mated for tho recovery of damages to be
paid out OF the indemnity fund.
II such action be for the recovery Of loeo
or damage arising only through any omis-
sion. mistake or misfeasancc OF the regis
trar or OF any examiner Of titles or any
deputy or clerk OF the registrar In the per-
Torrance of their respective duties under
the provisions OF this act. then the county
treasurer shall be the sole defendant for
such action But II saeh action be brought
for loss or damage arising only from the
fraud or wrongful act OF some person or
persons other than the registrar. his ex-
nminers OF titles, deputies and clerks. or
arising jointly through the fraud or wrong
full act Of such other person or persons and
the omission. mistake or misfeasance OF
the registrar. his examiners OF title, depu-
ties or clerk. then such action shall be
brought against both the county treasurer
and such person or persons aforesaid. In
all such actions where there are defendants
other than the county treasurer and dam
ages shall have been recovered no final
Judgment shall be entered against the
county treasurer until execution against
the other defendants shall be returned un-
satisfied in whole or In part. and the off,
Ger returning the execution shall certify
that the amount still due upon the execu-
tion can not be collected except by appli-
cation to the indemnity fund. The court
being satisfied OF tho truth Of such re-
turn made upon proper showing may order