The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-05-16
THE SPECIAL LAND ACT.
Instructions Have Been Given Out by Com.
missioner Rogan.
LAND is NOT YET ON THE MARKET
Ut Must First he Surveyed, classified
and Vaiued-Proyisions OF
the LAW Explained.

Austin, Texas, May l5.--Commlssioney
of the General Land office Rogau has pre-
pared the following Instructions with re-
gard to the land act passed at the extra
sesssn of the Twenty sixth legislature,
copies Of which will be made for mailing
to applicants between May 20 and June.
1 /. 1t does NOT in anywise affect the land
/ law OF 1895. nor as amended in 1897
/ 2. The purpose of this law was to adjust
and settle the account between the state
and permanent school fund.
4 3. 10 this end all OF the unsuweyed
puollc land aggregatiug in round numbers
about l,500.0OU. was transferred to the
permanent school fund. (Section y.
( 4. This law did not transfer to said
fund lakes, bays and Islands along the
Guit OF Mexico within tide water limits.
). While the law takes eiiect May 90
1900, none OF the land can be sold until
1t is surveyed, classified. valued aud put
on the market by the commissioner OF Iha
general land office
I 6. Most OF this land is situated in the
western part OF the State, but there are
some small tracts and scraps situated in
nearly every county.
/ I. This land may be sold or leased but
when sold or leased II shall be sold or
leased In the same terms, conditions and
limitations as now provided by law for
the sale and lease OF other school lands ="
that is to say: II the land is situated
south and west of the lease line II can not
ba sold during the existence Of the lease
but If 1t is situated anywhere else 1t
can be sold from under the lease provd-
ed the Lessee has ess than 5000 worth
nE tsnsV. .s..4. . 4.
total OF his purchase and lease does not
exceed one section. or II the lessee has not
erected his residence thereon ar perma.
nent settlement
s. The law specifically provides that all
Of this land shall be sectlonized into sur
veys OF $40 acres each. wherever practi-
cable and in conformity with existing
surveys, under the direction OF the com
missioner Of the general land office. Mos,
OF this land is situated in the counties OF
Andrews, Crane, pctor, El Paso, Gaines.
Loving, Reeves, Ward, Winkler. Cochran,
Ransford, Hartley, Hockey. Kent, Lynn
sherman and Terry.
! . All tracts OF land, containing $500
acres or less, must be surveyed and sec
tlonized under the directcr OF The land
commissioner at the expense OF the party
or parties who desire TO purchase same
/ ~ whenever a survey is made under
this law. whether by state, district or
county surveyor the surveyor making the
same shall cause the field notes thereof
to be recorded In the county or district
surveyors records in which the land S
situated before recording aud returning
feld notes to the land office. Surveyors.
before recording and returning field notes
TO the land office, must irst obtain from
the commissioner OF the general land o.
fee the necessary bls,ks, TO avoid errors
and insure uniformity. Field notes made
In any other manner VIII not be received
/ nor recognized al the land office
/ II. If the tracts of land. in any of the
counties named in section 8 Of ito law,
contains more than 1850 acres. the COM
missioner of the general land office Is
I authorized to employ such number Of sur
veyors as he shall deem necessary to SUR
/ yoy and sectionize the same In all other
counties the surveying may be done by
the county or district surveyor Of the
county n which the land or a part thereof
/ Is situated.
y, Any person desiring to purchase out
OF any tract OF land containing 1850 acres
or less, shall first make 10 the county or
district surveyor in which the land or a
part thereof Is situated, written applica-
tion on blank to be furnished by The
commissioner OF the general land Office.
said applicant shall designate in bis ap.
plication the land he desires to purchase
by metes and bounds as near as prac-
tlcable, which application shall be sub
scrlbed and swo1l to by the applicant, CIV
Ing his postonice address Both the ap-
plicant and the surveyor should carefully
read in full the application blank PEE
pared at the land office and also sections
., and OF the new law before the suY-
yeyor accepts the application so as to
economic time to avoid plumbers H.
terminable confusion and expense and to
protect the rights of the applicant, as
both the application and field notes viii
be carefully examined when received at
Inc ia'd office to ascertain whether or
not the law has been complied with.
- The expense of surveying all tracts
OF land containing 1850 acres OF LAM or
less must be paid by the party upon whose
application the survey is made. The 'Aw
does not authorize payment therefor 90
/ be made by the state.
IA, Preference to purchase is given BIZ
the law IN the following cases and in the
order named viz: !. "To all applicants for
100 acres or less, who were actual set =
TIERS upon said lands on January /, 1900.
who settled upon and had homestead d.
nations surveyed prior 10 May 20 lggS
and who from any cause can not procure
patent thereto under the provisions OF this
act, 2 To all actual settlers on four
sections or less amounts OF such land VIM
were such actual settlers on January /.
1900, holding the same under lease from
the state OF Texas" 3, ITO ali actual
settlers upon four sections or less. who
were such actual settlers on January !.
1900" 4. ITO all actual settlers who re-
side upon and are owners Of less than four
sections Of school land within a. radius
OF five miles OF such unsuryeyed land. for
such amount thereof as viii complete euch
settlers complement OF four sections,
where such purchaser had such land sur
yeyed prior TO January J. 1900. and ~
tempted T. purchase or lease such lands
5. ITO all lease holders OF unsnryeyed
lands to the amount Of four sections or
less. who were iessees Of such lands from
the State Of Texas on January I, 1900.
either directly or assignee Of tine original
lessee" tSeetion ~
Is. In all cases where tracts Of land
contain $40 acres or lees are detached and
isolated from other public lands and not
heretofore surveyed and classified as
( school lands. and being vacant lands lying
I between older surveys and such vacancy
/ Is not disclosed by the li.hograph maps
q the county IN which such land is sitn-
ated and lying within an inclosuFe. then
Z the county surveyor Of the county where
/ said lard IS situated shall be notified by
! the commissioner OF the general land Of
/ Ace whenever said vacancy shall be ascer-
/ tanned ana that the same Is offered for
.a11 ga tha vrfce fharaOf and f0~ tho