A new history of Texas for schools : also for general reading and for teachers preparing themselves for examination Page: 392 of 412
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376
CONSTITUTION OF TEXAS.
triet or County Attorneys, in the name and behalf of the State, to prevent
and punish the demanding and receiving or collection of ally and all charges
as freight, wharfage, fares, or tolls, for the use of property devoted to the
public, unless the same shall have been specially authorized by law.
SEC. 5. All laws granting the right to demandanind collect freights, fares,
tolls, or wharfage shall at all times be subject to almendment, modification,
or repeal by the Legislature.
SEC. 6. No corporation shall issue stock or bonds except for money paid,
labor done, or property actually received, and all fictitious increase of stock
or indebtedness shall be void.
SEC. 7. Nothing in this Article shall be construed to divest or affect rights
guaranteed by any existing grant or statute of this State, or of the Republic
of Texas.
ARTICLE XIII.
SPANISH AND MEXICAN LAND TITLES.
SECTION 1. All fines, penalties, forfeitures, and escheats, which have
heretofore accrued to the Republic and Stalte of Texas, under their consltitu-
tions and laws, shall accrue to the State under this Constitution; and tlhe
Legislature shall provide a method for determining what lands have been for-
feited, and for giving effect to escheats; and all such rights of forfeiture and
escheats to the State shall, ip,so fcto, inure to the protection of the innocent
holders of junior titles, as provided in Sections 2, 3, and 4 of this Article.
SEC. 2. Any claim of title or right to land in Texas, issued prior to the
13th day of November, 1835, not duly recorded in the county where the land
was situated at the time of such record, or not duly archived in the General
Land Office, or not in the actual possession of the grantee thereof, or solme
person claiminig under him, prior to the accruing of junior title thereto from
the sovereignty of the soil, under circumstances reasonably calculated to give
notice to said junior grantee, has never had, and shall not have, standing or
effect against such junior title, or color of title, acquired without such or
actual notice of such prior claim of title or light; and no condition annexed
to such grants, not archived, or recorded, or occupied as aforesaid, has beel,
or ever sthall be released or waived, but actual performance of all such con-
litions shall be proved by the person or persons claimilng underlt such title'
or claim of right in order to maintain action thereon, and the holder of such
junior title, or color of title, shall have all the rights of the government which
liave heretofore existed, or now exist, arising from the non-performance of
all such conditions.
SEC. 3. Non-payment of taxes on any claim of title to land, dated prior
to the 13th day of November, 1835, not recorded or archived, as provided in
Section 2, by the person or persons so claiming, or those under whom he or
they so claim, from that date up to the date of the adoption of this Consti-
tution, shall be held to be a presumption that the right thereto has reverted
to the State, and that said claim is a stale demand, which presumption shall
only be rebutted by payment of all taxes on said lands, State, county, and
city or town, to be assessed on the fair value of such lands by the Comptroller,
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Pennybacker, Anna J. Hardwicke. A new history of Texas for schools : also for general reading and for teachers preparing themselves for examination, book, 1895; Palestine, Tex.. (https://texashistory.unt.edu/ark:/67531/metapth2388/m1/392/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.