Cox v. Houston & Texas Central Railway Co.

Citations

• 68 Tex. 226
• 4 S.W. 455
• 1887 Tex. LEXIS 671

Syllabus

<p>1. Statute Construed—Survey.—Whatever may be the proper meaning of the words “other purposes,” as they appear in the first and second sections of the act of 1866, entitled “an act attaching certain counties therein named to the counties of Jack and Montague for judicial and other purposes,” it must be held under the .broadest construction possible that even if the words above referred to included the making of surveys, the surveyor of Montague was the officer who was authorized to survey lands in Hardeman county.</p> <p>2. Statute Construed.—Ho construction can be given to the act of 1866, entitled “an act attaching certain counties therein named to the counties of Jack and Montague for judicial and other purposes,” which would attach Hardeman county to Jack county for surveying purposes.</p> <p>3. Same.—The act of 1858 requires that the surveyor of a county, not previously a separate land district, shall not receive and file any certificate until he has pi ocured a copy of all files, applications and locations therein from the surveyor’s office of the land district to which such county belongs, and file the same for inspection of parties interested, held:</p> <p>(1) The provision was designed for an organized county newly formed into a land district, and not for an organized county transferred from one land district to another.</p> <p>(2) The presumption would obtain that the surveyor had performed the duties imposed on him by the act, and the burden of proving that he bad not would devolve on whoever might assert the contrary, or claim a right as the result of his neglect.</p> <p>4. De Facto Officer.—To constitute a de facto officer, he must have such colorable right to the office the duties of which he undertakes to discharge as might induce the public to suppose without inquiry that he is de jure the officer.</p> <p>5. Same—Surveys.—The surveyor of one county, who, as such, assumes in violation of statute to make surveys in another county in which another off