The Portsmouth inquirer. [volume] (Portsmouth, O. [Ohio]) 1849-1855, 1852-04-30

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Sec. %. This act shall take effect and be
in force from and after its passage.
JAMES @. JOHNSON,
Speaker OF the House OF Representatives.
'''' WILLIAM MEDILL,
April l6, 1852 President Of the Senate.
mo. 43.l AN ACT. A"'
To abolish the Office Of Register and Receiv-
er of the State land Office at Defiance. to
regulate the sale of flands al said office, and
TO ocreate the office Of Land Commission
SEC. 1. Bell enacted By the General Assem-
bly, of The State, of Ohio, sThatthe offices of
Register and Receiver Of the State Land Office
at Defiance. in this State, be and the same is
hereby abolished land Immediately after the
passage OF This act, there shalt be appointed by
the Governor, by and with The advice and con-
sent OF the Senate, Land Commissioner, who
| shall keep an Office at Defiance, aforesaid, for
the sale Of all the lands Of the State, which
have heretofore been for sale at said Land Of
fee, and now remains unsold
Sec. 2. That said Land Commissioner shall
hold his Office for and during the term OF three
years, and until his successor shall be appoint
ed and qualified; and shall have all the powers
heretofore possessed by, and perform all the
duties heretofore enjoined on both the said Reg
lister and Receiver, according to law and be-
fore entering upon the discharge OF the duties
of his said office, the said Land Commissioner
shall enter into bond, with three or more sure
ties, freeholders Of the State Of Ohio to be ap-
proved By the Governor of this, tate payable to
! the State OF Ohio, in the sum OF twenty thousand
dollars, conditioned for the paying over according
tolawof all moneys which may be received by
said Land Commissioner in his official capacity,
and for the faithful discharge of all aud singular
the duties Of his said Office; and if the said Land
Commissioner shall at any time fail to give such
bond with said sureties, or fail in making his
returns and paying over moneys received by
him IN his official capacity, as required by law,
his Office shall lie considered vacant, and it
shall be the duty of the Governor to fill said
Office by appointment, with the advice and con.
sent OF the Senate, as prescribed in the first sec
tion, Of this act, if the General Assembly shall
be in session at the time such vacancy occurs;
and if the General Assembly shall not be in ses-
sien at such time, then and in that case, the
Governor shall fill such vacancy by the appoint
ment Of some person TO hold said office until
the first session of the General Assembly sue
~
ceeding such appointment, and until his sue
ccssor is appointed and qualified and the said
Commissioner, appointed under any of the pro-
visions Of this act, before entering upon the du-
ties Of his said Office, shall take and subscribe
TO an oath or affirmation. before competent au-
thori,y, to discharge faithfully and to the best
Of his skill and ability all the duties Of said of
fee; which oath or affirmation, shall be endor
sed upon his bond aforesaid. ~vTG
Sec. 3. That said Land Commissioner shall
receive as a compensation for his services, the
sum OF three per centum on The amount Of all
moneys received at his, said Office in payments
for lands sold by him as such Commissioner.
Sec. 4. That the Register and Receiver OF
the State land office at Defiance, at this time
acting, shall deliver over all the books, papers,
and other property belonging to their respective
offices, to such person as may disappointed Land
Commissioner, under this act.
Sec 5. That any person holding the office
Of Commissioner, shall not purchase, or enter,
or be in any manner concerned, either as prin
cipal or agent, directly or indirectly, in the
purchase or entry ofany lands subject to sale
or entry, in said State Land Office; and any
Commissioner violating the provisions of this
section, SHALL for every such offence forfeit and
payth sum oltwo hundred dollars, to be recov-
cred by action Of debt, in the name Of The State
of Ohio, which action she'll be brought in the
county wherein said land Office is situate; and
the amount recovered in said action shall be
paid into the State treasury, by the Prosecu-
ting Attorney oil such county and it is hereby
made the duty ofsuch Prosecuting Attorney, 10
prosecute in behalf ofthe State, all actions un-
der the provisions Of this section, for which ser
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