Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1846-02-05
The Canal Lands and the Laws re;a-
ting thereto.

surrepttlouS law winch The late Legislature unWlt
tngly passed, and which certain persons taking
advantage of to rob the settlers on the canal lands of
house and home. For further information, shall
now speak of the matter in detail.
The Revised Statutes of 1913, chapter 13, 215,
provides that the canal lands shall be sold under these
terms, to-wit l. Three months notice of the time
Of sale shall be given. 2 The of notice and
time of sale to be designated by the Governor. 3.
One fourth of the purchase money, with one years
int est in advance the residue, shall be paid at
the time Of the purchase. 4. A Ike one-fourth of
the purchase money, and interest In advance the
residue shall be paid at the expiration of each year
thereafter, until the whole is discharged.
In case of delinquency IN making the payments
above required the chapter provides further, as
follows
Sec 215. On failure TO pay either principal or
interest when due, penalty of % per cent. on the
amount unpaid, shall be added thereto; and unless
the whole sum, with interest thereon, shall be paid
within one 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 unsold at such pub
lie SALE and all lands becoming forfeit under the pre-
ceding section, shall thereafter remain to be entered
by the first applicant, at the rate affixed thereto, Gin
a preceding section) on the terms aforesaid.
Sec. 300 A certificate shall be given to the pur-
chaser signed by the commissioner, containing des-
crptioD of the tract solo, the amount of purchase mo-
ney paid, and the amount due.
But in consequence of the inability of purchasers
of lands to comply strictly with the terms of purchase
for various reasons which the history of the past few
wears in this unfortunate State will readily suggest to
the minds of our readers, the penalties Of the three
sections of the law Just quoted had not been enforced
and remained on the Statute book dead letter, as
1t were, because " necessity knows no law" This
was PROFESSIONALLY an evil; and, to remedy it, law
was passed, during the late session of the Legisla
ture entitled act for the relief of purchasers of
canal lands" This law provides, {" that hereafter,
all Wabash and Erie canal lands that now, or
that may hereafter become forfeited for nonpayment
of either principal interest, both and west of
Tippecanoe river, at the time the same may become
due. under the 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 may
have been purchased to offer the same for sale as 9TH
er lands are offered, public sale, the first Mon
day in January, in each and every year hereafter,
first having given four weeks notice in one more
of the newspapers Indianapolis and three Others
most adjacent to where the lands lie Provided, how
ever that if the original purchaser purchasers,
assigns shall, prior to the day of sale pay
to be paid into the land Office where the said lands
were purchased the residue of the principal and in
terest together with per cent penalty thereon for
the amount remaining due, also cost of advertising
the shall entitle the purchaser assigns to
final certificate, and so much of the 2lSth section
article a. chapter 13 of the Revised Statutes of 1S43
as relates to the % per cent penalty, be, and the
same is hereby repealed, and the per inst
tuted in lieu thereof"
The second section of this law is so favorable in its
provisions, that it refunds to purchasers in the way
of credit fifteen per cent on any penalty of % per
cent. heretofore paid
This bill was early introduced into the Senate and
was fully discussed in both Houses referred to
the committee on canals and internal improvements
in the House, and underwent a full and thorough in
vestigation and finally passed the House, the nth
of January, and approved by the Governor the
18th January.
The law which has created so much excitement on
the upper Wabash and which, as originally intro
duced 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 gear
allowed In the 21Sh section of chapter ID, page I67
of the Revised Code, the time 1ithin chich the
lands shall be redeemed in, shall be ertended to TWO
YEARS"
Then follows the second section, which provides
that where any person has neglected the provisions
of said section 2lS, for two years SUCCESSFULLY last
past, then the proper commissioner shall be gov
erned in all respects by the provisions of The 2lSh
219th, and 22Oth sections, chapter ID of Revised
Code aforesaid" In effect re-enacting what had Just
been repealed.
The third section provides that " this act to be il
force from and after its passage, and certified copy
being fled in each of the canal land Offices or will
the commissioner thereof-dn all lapS contrarenina
the prorisians Of this act be, and the are hereLa
repealed"
This bill was introduced into the House of Repre-
seD.atives on the 18th of January, was read a frs
and second times, referred to the judiciary committee
and reported back the 10Th January, and read
third time and passed-sent to the Senate the sam
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, w
Of the opinion, that courts of justice would a
once decide all controversies under the law whic
makes it necessary to ddUertise canal lands bcfor
they can be sold on failure to pay either principal
interest fair construction Of the law last enacted
only relates to the time which shall elapse before III
lands shall be offered for sale and in this respect
relief measure, intended by the Legislature
being in express terms, an extension Of time, prio
to which lands be offered for sale, of frol
lone" to two years. The idea that the Legislator
should, the 18th day of January, direct that fol