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TEXAS STATE LIBRARY
are warned by the patent itself to examine well the character of tne claim before they risk their money. No injury results from this course to innocent purchasers. The law and the Constitution authorize the sale and purchase of head rights but promise nothing to the buyer which was not guaranteed to the Seller, and require that the assignee shall make the same proof respicting the qualifications of the original owner of the claim as would have been required of him had it never been trans- ferred, Now if the purchaser procure by false testimony a certifi- cate and patent for land he is no more an innocent holder than would be the man who procures a title by the same means in his own name and based upon his own qualifications. The principal consideration for which Lands are granted under our system is a residence in the country and that of course can only be done by the person to whom the iand is promised, and in pur- chasing a conditional right of this kind the buyer must look to the colonist for a compliance with the contract which he has ente1·ed into with the Government. And has no right to expect the govern- ment to confirm to him a claim which would have been forfeited in the hands of the Colonist. . The reasons why patents should issue in exact accordance with the Certificates are to me very apparent-The process prescribed by law for procuring a title from the Government admits of no change of parties in the record from the time the certificate is issued until the patent is furnished from the General Land Office- The claim is presented to the Board of L 1 and Comrs.-who give a certificate to the owner to be handed to the surveyor of the Dis- trict in which his selection is situated They also notify the Comr. Genl of the Land Office that i,iuch a certificate was by them issued to the individual mentioned bearing a certain date and for a speci- fied quantity of land. This Certificate when put into the hand of the Deputy Surveyor is strictly an office paper which with the field notes of survey must be returned by him to the County Surveyor who reco,rds and delivers it to the President of the Board of Comrs. and the latter receives the Government dues thereon and transmits, the field notes & certificate to the General Land Office-The Comr. General compares the certificate with the returns made to him by the Board of Comrs. and finding them to correspond with each other and with the fieldnotes issues his patent.-Now if transfers of certificates· be permitted this agreement in the records of the different offices will be destroyed A Certificate may be issued to A. B. assignee of C. D. and the survey made in the name of some subsequent pur- chaser and return to the Genl Land Office for E. F. Asignee of C. D. The Comr. Genl. must then issue a patent to a person to whom no certi~icate has been granted and moreover be made the judge of the- legahty of the transfers written on the Certificate-or what is worse still consider the holder of the Certificate entitled to the patenC
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