Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1845-1851, 1846-01-31
The Canal Lands and thc Laws re.a.
ting thereto.


speak OF the matter in detail
The Revised Statutes Of 1913, chapter l3, sec. 2l5,
provides that the canal lands shall be sold under these
terms, to-wt l. Three months notice of the time
Of sale slall be given 2 The manner of notice and
time Of sale TO be designated by the Governor. 3.
One fourth Of the purchase money, with enc years
interest in advance OH the residue, shall he paid at
the time Of the purchase. 4. A Ike onc-four,h Of
the purchase money, and interest in advance on the
residue, shall be paid the expiration of each year
thereafter until the whole is discharged
In case of delinquency in making the payments
above required tie chapter provides further
fellows:
Sec. 2lS. On failure to pay either principal or
interest when due, penalty Of - per cent. the
amount unpaid, sLall be added thereto and unless
the whole sum, with interest thereon, shall be paid
within year thereafter, the contract Of sale shall
be vacated, and the land become forfeit to the State
for the of the canal
Sec. 2l9. All lands remaining unsod at such pub
lie sale and all lands becoming forfeit under the pre-
cedng section, shall thereafter remain to be entered
by the first applicant, at the rate affixed thereto, (in
preceding section,) tie terms aforesaid.
Sec. 22D. A certificate shall be given to the pur-
chaser, signed by the commissioner, containing des-
cripoI OF the tract soid the amount of purchase
ney paid, and the amount due.
But, in consequence of the inability of purchasers
Of lands comply strictly with the of purchase
for various reasons, which tie history Of the past few
years in this unfortunate State VII readily suggest to
the minds Of our readers, tie penalties Of the three
sections Of the law just quoted had not been enforced,
and remained the Statute book dead letter, as
IT were, because - necessity knows law This
inquest onably evil; and, TO remedy it, law
passed, during the late session of tie Legisla-
turc, entitled act for tie relief Of purchasers Of
canal lands" This law provides, :" that hereafter
all Wabash and Erie canal lands that are now, or
that may hereafter become forfeited, for non-pavmont
of either principal interest both east and west of
Tppecanoe river at the time the same NAV become
due, under tie laws in force regulating the sale OF
said lands it shall be the duty of the person having
the charge of the land Office, where the same may
have been purchased to offer the for sale 9TH
lands offered, public sale, the first Mon
day in January, in each and every year hereafter,
first having given four week. roIce in one or more
of the spapers at Indianapolis and three others,
most adjacent to where the lands lie Provided, how
that if tie original purchaser purchasers, or
assigns, SHALL prior to the day of sale, pay CT cause
to be paid into the land Office where the said lands
were purchased. the residue of the principal and III
ercst, together with ten per cent penalty thereon for
the amount remaining due, also cost Of Advertising
the same shall cntte tie purchaser assigns to
final certificate, and so much of The 2lSth section
article H. chapter l3 Of the Revised Statutes Of 81
relates to the - per cent. penalty, be, and the
is hereby repeated and the ten per cent. insti-
tuted in lieu thereof
The second section Of this law is so favorable in It's
provisions, that it refunds purchasers, in the way
of credit fifteen per cent any penalty of % per
cent heretofore pod.
This hill ,vns IN introduced into nj
was fully discussed in both Houses was referred to
tie committee on canals and internal improvements
IN the House, and underwent full and thorough in
ves,ignion, and finally passed the House. on the Eth
Of January, and approved by the Governor on the
18th January.
The law which has created so much excitement on
the upper Wabash and which, us originally intro
duccd by Mr. Parker Of Allen, Is in the hand writing
Of Austin w. Morris, is entitled an act amending
the 2lSth section of the 18th chapter Of the Revised
Code, page 267, and provides, - that the one near
allowed in the 2l'-h section OF chapter H. page 1871
of the Revised Code as hs time withia riici he
lands shall be redeemed an, shall be ertnded 10 TWO
YEARS"
Then follows the second section, which provides
that where any person has neglected the provisions
of said section 2lS, for years SUCCESSFULLY last
past, then the proper commissioner shall be gov
erned in all respects by the provisions of the 2leth
2l9th, and 22Olh sections, chapter I3 of Revised
Code aforesaid" In effect re-enactine what had lust
been repealed.
The third section provides that this act to be in
force from and after its PASSAGE and certified copy
beng filed III each of the canal land Offices or with
the commissioner thercof-and all Ia,rs CONTRACTING
the prorisianS 81 this act be, and tie same are herein
repealed"
This bill was introduced into the House of Repre
scnatives tie 18th of January, was read first
and second times, referred to the judiciary committee
and reported back the 10Th January and read a
third time and passed-sent to the Senate on the same
day. where IT read three several times and passed
and was approved on the 10Th January.
In view Of the provisions of these two laws we
are OF the opinion, that courts of Justice would at
decide all controversies under the lazy which
makes it necessary TO adeertiSe canal lands before
they can be sold on failure to ray either PRINCIPAL or
interest fir construction of the law last cnac,eJ
only relates 10 the time which shall eapse before the
ands shall be offered for sale, and in this respect is
relief measure, intended by the Legislature
being. IN express TERMS an extension of time prior
~ which lands cannot I've offered for sale of from
one To two years Tie idea tat the Leoslat,ro |
should, on the 18th day of January, direct that for
feted canal lands should be offered for sale in five
public newspapers, two at the scat of government
and three the most convenient to the lands, for at
least four weeks before the sale, giving original own
crs, or assigns the privilege redeem the same be-