The Laws of Texas, 1822-1897 Volume 9 Page: 58
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26
Laws of the State of Texas.
cure a well bound book in which shall be kept an account with the purchaser
of said lands, showing the amount for which the original obligation
was given and the interest accruing thereon; and it shall be the
duty of the state treasurer, upon the payment of the amount due by any
purchaser of these lands, to execute his receiDt for the same in the name
of the purchaser, and deliver said receipt to the commissioner of the
general land office, who shall credit the account of said purchaser with
the amount so paid, and forward his certificate of such payment to the
purchaser.
Sec. 12. If, upon the first day of March following the maturity of any
payment, the interest on money due has not been paid to the state treasurer,
and his receipt filed with the commissioner of the general land office,
as provided in section eleven of this act, it shall be the duty of said
commissioner to notify the county or district attorney of the county in
which such land is situated of such failure, giving the name of the purchaser
so failing to make payment, with the amount and date of his note,
and the amount of principal and interest due at the time of such failure;
and upon the receipt of such notice it shall be the duty of the
county or district attorney to cause a writ to be issued and served on the
purchaser, or, in case of his death, upon his heirs or legal representatives,
requiring him or them to show cause why he or they should not be
ejected from such land; and upon his or their failure to show that the
annual installments of interest have been paid, as above provided, a judgment
shall be rendered against him or them, and a writ of possession
shall be issued in favor of the state. That a copy of such judgment, under
the signature and seal of the clerk of the court rendering the judgment,
shall be forwarded to the state treasurer, who shall immediately
indorse the obligation of such purchaser "forfeited," note the fact of
such endorsement on the copy of judgment aforesaid, and forward the
same to the commissioner of the general land office. The said commissioner
shall file said copy of judgment with the claim of such defaulting
purchaser, and shall note such forfeiture on the account kept with said
purchaser, and shall notify the surveyor of the county in which said land
is situated that said land is again for sale.
Sec. 13. That such forfeited tracts shall be sold in the same manner
as hereinbefore provided for the original sale of such lands; provided,
however, that any improvements on said land shall be paid for by the
purchaser, and the value of said improvements shall be assessed by the
board of appraisers hereinbefore provided for, or such other persons as
the governor may designate, when the same proceedings may be had as
provided in this act for the original appraisement and purchase.
Sec. 14. That should any purchaser die before the payment of any
one installment, and interest thereon falls due, his administrator, executor
or heirs shall have an extension of twelve months within which to
pay the same.
Sec. 15. That in case any purchaser desires to sell said land after he
has made his first payment on the same, he may do so, but in that event
his vendee shall file in the general land office a properly authenticated
transfer from said purchaser, and said vendee shall be liable to the obligations
and penalties imposed upon said original purchaser; and upon
final and full payment on any purchase made under the provisions of
this act. the commissioner of the general land office shall issue a patent
to the purchaser making the same, or to his vendee or heirs; provided,(58)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 9, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6729/m1/60/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; .