History of Texas, together with a biographical history of Milam, Williamson, Bastrop, Travis, Lee and Burleson counties : containing a concise history of the state, with portraits and biographies of prominent citizens of the above named counties, and personal histories of many of the early settlers and leading families Page: 202
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202 HISTORY OF TEX A
HOW TO ACQUIRE HOMESTEAD DONATIONS, ETC.
Every head of a family without a homestead
shall be entitled to receive a donation
from the State of 160 acres of vacant unappropriated
public land, and every single man
of the age of eighteen years or upward shall
be entitled to receive from the State eighty
acres of vacant and unappropriated public
land. The applicant must apply to the surveyor
of the district or county in which the
land is situated, in writing, designating the
land he claims, stating 'that he claims the
same for himself in good faith, etc.; that he
is without any homestead of his own; that
he has actually settled on the land, etc., and
that he believes the same to be vacant and
unappropriated public domain. The survey
to be made within twelve months after date
of application. When the terms of the law
have been complied with, and proof of such
fact, together with the proof of three years'
continuous occupancy, is filed with the cornmissioner
of the general land office, patent
will issue to the claimant or his assignee.
(Title LXXIX, Ch. 9, Revised Statutes.)
By virtue of an act passed March 29, 1887,
and amended April 5, 1889, "To provide for
the sale of such appropriated public lands,
situated in organized counties, as contain not
more than 640 acres," it is provided that any
person desiring to purchase any of such appropriated
lands situated in any of the organized
counties of the State as contain not
more than 640 acres, appropriated by an act
to provide for the sale of a portion of the. unappropriated
public land, etc., approved July
14, 1879, may do so by causing the same to
be surveyed by the surveyor of the county in
which the land is situated. The person desiring
to purchase shall make application in
writing, describing the land by reference to
surrounding surveys. The land must be surveyed
within three months from date of application,
and within sixty days after said
survey the surveyor shall certify, record and
map the same in his office, and within said
sixty days return the same to the general
land office, together with the application.
Within ninety days after the return to and
filing in the general land office the applicant
must pay into the State treasury the purchase
money at the rate of $2 per acre; patent to
be issued by the commissioner of the general
land office when the treasurer's receipt is filed
in his office. Failure to make the payment
within ninety days forfeits the right to purchase,
and the applicant cannot afterward
purchase under the act. (Chapter 80, Acts
of Twentieth Legislature, pp. 61 and 62.)
COMMON SCHOOL, UNIVERSITY AND ASYLUM LANDS.
The act of April 1, 1887, and the act
amendatory thereof of April 8, 1889, provide
for the sale of all lands heretofore or
hereafter surveyed and set apart for the benefit
of the public free schools, the university,
and the several asylums, amounting in all to
about 30,000.000 acres.
All lands under this head must be classified
by the commissioner of the general land
office into agricultural, pasture, and timber
lands, and valued according to classification
before being placed on the market. When
classified and valued the land commissioner
is required to notify the county clerks of the
counties where the lands are situated of. the
value of each section of land offered for sale
in their respective counties and counties attached
for judicial purposes, which notification
said clerk must keep on record for pub
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Lewis Publishing Company, publisher. History of Texas, together with a biographical history of Milam, Williamson, Bastrop, Travis, Lee and Burleson counties : containing a concise history of the state, with portraits and biographies of prominent citizens of the above named counties, and personal histories of many of the early settlers and leading families, book, 1893; Chicago. (texashistory.unt.edu/ark:/67531/metapth29785/m1/207/?q=edwin%20antony: accessed June 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .