cept where otherwise provided, an original purchaser of a home tract under this Act shall reside upon it or some portion of the land purchased as additional thereto, either at the same time or subsequently, for three consecutive years next succeeding the date of his purchase of the home tract. When such purchaser has so lived upon his home tract, or when he and his vendee together have so lived upon his home tract, and proof as required by law filed in the Land Office, any additional land purchased to such home tract may be patented at any time. But a vendee of such proved up home tract who thereafter buys additional land thereto shall reside upon either the home tract or some part of the additional land for three consecutive years next succeeding the date of the purchase of his first additional tract or tracts and file proof of such residence in the Land Office as required by law. A vendee prior to the completion of the three years residence required of his vendor shall reside upon some portion of the land he purchases until the completion of the residence required of his vendor.

SEC. 7. When a lease expires or is cancelled for any cause the Commissioner shall not consider an application to lease the land prior to ninety days from such expiration or cancellation, and no lease on any land shall be made if it is in demand by purchasers. An original lessee or the assignee of an entire leasehold who was such owner at the date of the termination thereof, shall have a preference to another lease of the land at the expiration of the ninety days over another applicant to lease, provided he is willing to pay and will pay as much therefor as another, after due publicity; provided no lease shall be made at less than three cents per acre.

SEC. 8. Any person desiring to purchase any portion of the unsurveyed school lands shall first make a written application to the surveyor of the proper county or district in which the land, or a portion thereof, is situated, signed and sworn to by the applicant, giving his postoffice address, and designating the land he desires by metes and bounds, as nearly as practicable, and stating that he desires to have the land surveyed with the intention of buying it, and that he is not acting in collusion with, or attempting to acquire said land for another person or corporation. It shall be the duty of the surveyor to file and record such application, and to survey the land and file the application and field notes in the Land Office within ninety days from the date of the filing of the application, together with a properly prepared and certified sketch of the survey, with the variations at which all lines were run. The land shall be surveyed under the instructions of the Commissioner of the General Land Office, and where practicable, into sections of six hundred and forty acres each, and of a regular form. The applicant shall pay to the surveyor one dollar as a filing fee, and his further lawful fees for surveying the land. When the surveyor returns the application and field notes to the Land Office, he shall report under oath the classification and market value of the land, and also the timber thereon and its value, which may be considered in connection with such other evidence as may be required in determining the class and price to be given the land or timber. If upon inspection of the papers, the Commissioner is satisfied from the report of the surveyor and the records of the Land Office, that the land is vacant and belongs to the school fund, and the survey has been

made according to law, he shall approve same and notify the applicant that the land is subject to sale to him, stating the classification, price and terms, which shall be the same as that for surveyed lands, except as herein provided; provided, all unsurveyed vacant tracts not disclosed by the official maps in use in the Land Office at the time an application for the survey is filed, may be sold for cash, or for one-fortieth cash with five per cent interest on the deferred principal, and without condition of settlement and improvement, and with the right to pay the same out at any time and obtain patent; all unsurveyed vacant tracts which are subject to overflow, or situated in bottoms or swamps, or otherwise so as to be unsuitable for settlement, may be sold for cash, or for onefortieth cash with five per cent interest on the deferred principal, and without condition of settlement and improvement, and with the right to pay the same out at any time and obtain patent; all unsurveyed vacant tracts not exceeding six hundred and forty acres, and not less than eighty acres, which are disclosed by the official maps in use in the Land Office at the time an application for a survey is filed, and which are now or may be entirely surrounded by valid surveys or sold school surveys, shall be sold as a whole, and may be sold for cash, or for one-fortieth cash with five per cent interest on deferred principal, and without the condition of settlement and improvement, and with the right to pay same out at any time and obtain patent; all unsurveyed vacant tracts of eighty acres or less shall be sold for cash only; all other unsurveyed vacant tracts disclosed by the official maps in use in the Land Office when an application for survey is filed shall be sold on condition of settlement and improvement as provided by law for the sale of surveyed land; provided, that land heretofore or hereafter recovered by the State from claimants holding or claiming same under Spranish or Mexican titles shall be considered as vacancies disclosed by the official maps, and the person who in good faith so held or claimed such land under the claim aforesaid shall have a prior right for ninety days after the taking effect of this Act, or after the date of the final recovery of such land hereafter, to file on and purchase four sections of six hundred and forty acres each for cash, or for one-fortieth cash with five per cent interest on the deferred principal, and without the condition of settlement, and with the right to pay same out at any time and obtain patent. When the land is applied for and purchased under this section, without condition of settlement and improvement, the application to purchase shall otherwise conform to the requirements of applications for surveyed land except as to settlement and designation of home tract. If any tract surveyed under this section as a vacancy should be wholly or partly within an enclosure or have improvements thereon, the surveyor shall, in addition to other requirements, give the name and postoffice address of the owner of the enclosure or enclosures or of the improvements thereon. Should the survey not be disclosed by the official maps in use in the Land Office on February 23rd, 1900, but should be recognized by the Commissioner as a vacancy, the owner of the enclosure or improvements shall be notified and given ninety days from the date of such notice to purchase that portion of the vacancy actually within his enclosure, and the owner of the improvements shall have the same preference to purchase not to exceed one hundred and sixty acres on which his improvements are situated,

and every such purchase shall be made upon the same terms as provided in this section for the sale of other land of similar character; provided, that if any other person than the owner of such enclosure or improvements shall have surveyed the vacancy at his own expense, then before the party shall exercise the preference right herein given, he shall reimburse the party having the land surveyed the reasonable fees and expenses incurred by him in surveying the said vacancy. In all cases of the sale of any land on deferred payments and without the condition of settlement and improvement, as provided for in this section, the merchantable timber thereon, if any, shall first be paid for in cash. All land appropriated to the public school fund by the Act of February 23, 1900, and which has heretofore been surveyed at private expense, may be sold under the provisions of this section relating to undisclosed vacancies and swamp lands. If within sixty days from the date of the notice of approval of any survey as herein provided, the applicant shall not have filed in the Land Office his purchase application at the appraised value fixed on the land, and in compliance with this section, such land shall be placed on the market for sale, upon the same terms and conditions as other surveyed school land.

When any land, lying between older surveys, is held by the Commissioner of the General Land Office to be unsurveyed or vacant land appropriated to the public school fund by the Act of February 23, 1900, and is sold as such under the provisions of this Act, and thereafter any suit arises between the owner or owners of such older surveys, and the purchaser from the State or his vendees, any final judgment rendered in such suit shall be deemed and held conclusive as to the existence or non-existence of such vacancy; provided, if in any suit judgment is obtained through collusion or fraud against the State, the same may be set aside and vacated at the suit of the State any time within five years thereafter.

SEC. 9. Land which has heretofore or may hereafter be sold by the State and which has been or may be subsequently transferred in tracts other than in legal multiples may, in the discretion of the Commissioner, be so patented.

SEC. 10. For all certificates of occupancy hereafter issued the Commissioner shall charge and collect a fee of one dollar, and for all transfers hereafter filed in the Land Office the Commissioner shall charge and collect a fee of twenty-five cents each, which fees he shall at the end of each month pay into the State Treasury and the same shall be credited to the general revenue.

SEC. 11. In order that the Commissioner of the General Land Office may make the necessary preparation for the execution of the provisions of this Act, he is hereby prohibited from making any further sales or leases of any land prior to September 1st, 1905, and all rights accruing under this Act prior to said date may be exercised thereafter the same as if no suspension of sales and leases had not occurred.

SEC. 12. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SEC. 13. The necessity of a change in the present method of filing on land and the near approach of the close of the present legislative session creates an emergency and an imperative public necessity that

the constitutional rule requiring bills to be read on three several days in each house be suspended and that this Act be placed upon its third reading and final passage, and that this Act take effect from and after its passage and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 90, nays 7; it was referred to the Senate where it was amended and passed by a two-thirds vote, yeas 21, nays 8; the House of Representatives refused to concur in the Senate amendments and asked for the appointment of a free conference committee, and the report of the free conference committee was adopted by the House of Representatives by a two-thirds vote, yeas 95, nays 7; and the report of the free conference committee was adopted by the Senate by a two-thirds vote, yeas 23, nays 6.]

Approved April 15, 1905.

Became a law April 15, 1905.

MILITIA-PROVIDING FOR ORGANIZING AND DISCIPLINING OF.

An Act to define and provide for organizing and disciplining the militia; to prescribe the duties of the Governor, the Adjutant General and all officers and enlisted men thereof; to define military offenses; to provide for the trial and punishment thereof; to provide for the pay, transportation and, subsistence of the militia when called into actual service; and to repeal all laws in conflict therewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That all ablebodied male citizens and ablebodied males of foreign. birth, who have declared their intention to become citizens, who are more than 18 and less than 45 years of age, who are residents of this State, and who are not exempted by the laws of the United States, or of this State, shall constitute the militia and be subject to military duty. SEC. 2. The militia of this State shall be divided into two classes, the active and the reserve militia. The active militia shall consist of the organized and uniformed military forces of this State, which shall be known as the Texas National Guard; the reserve militia shall consist of all those liable to service in the militia, but not serving in the Texas National Guard.

SEC. 3. In addition to the persons exempted by the laws of the United States, the following persons shall be exempt from military duty in this State, namely:

1. The Lieutenant Governor and the heads of the several departments.

2. The judges and clerks of all courts of record.

3. The members and officers of both houses of the Legislature. 4. The sheriffs, district attorneys, county attorneys, county assessors, county collectors, county treasurers and county commissioners.

5. The mayor, alderman, assessor and collector of incorporated cities and towns.

6. The officers and guards of State prisons, houses of correction, and the officers and instructors and attendants of other State institutions; keepers, attendants and assistants of poor houses; superintendents, nurses and assistants of all hospitals.

7. The members of any regularly organized and paid fire or police. department in any city or town, but no member of the active militia shall be relieved from duty because of his joining any such fire company or department.

8. All ministers of the gospel exclusively engaged in their calling; all teachers engaged in public institutions and public schools.

9. All persons who shall have served in the active militia of this State for the term of seven years, and have been honorably discharged therefrom.

10. Idiots, lunatics, vagabonds, confirmed drunkards, persons addicted to the use of narcotic drugs, and persons convicted of infamous crimes.

11. Any person who conscientiously scruples to bear arms; provided he shall pay an equivalent for personal service.

12. All such exempted persons, except those enumerated in subdivision 10, shall be liable to military duty in case of war, insurrection, invasion or imminent danger thereof.

SEC. 4. The Governor of this State, by virtue of his office, shall be the commander-in-chief of the military forces of this State, except of such portions as may at times be in the service of the United States. Whenever the Governor is unable to perform the duties of commanderin-chief, the Adjutant General of this State shall command the military forces of this State, except in cases where the Lieutenant Governor or the President of the Senate under the laws of this State is required to perform the duties of Governor.

SEC. 5. The reserve militia shall not be subject to active military duty, except when called into the service of this State, or of the United States, in case of war, insurrection, invasion or for the prevention of invasion, the suppression of riot, tumults and breaches of the peace, or to aid the civil officers in the execution of the law and the service of process, in which case they, or so many of them as the necessity requires, may be ordered out for actual service by draft or otherwise, as the Governor may direct. The portion of the reserve militia ordered out or accepted shall be mustered into the service for such period as may be required, and the Governor may assign them to existing organizations of the active militia, or organize them as the exigency of the occasion may require.

SEC. 6. Whenever the Governor deems it necessary, he may order an enrollment of all persons, other than members of the active militia, liable to military duty, to be made by the county assessor of each county, or by other persons designated by the Governor. Such enrollment shall state the name, residence, age, color and occupation of the persons enrolled. Enrolling officers shall have power to question under oath, which they are hereby authorized to administer, any person deemed liable to perform military duty, but who denies the same, and if any person refuses to be sworn, the enrolling officer shall enroll his name in the same manner as though he had admitted his liability. The assessor or