The Democratic sentinel and Harrison County farmer. [volume] (Cadiz, Ohio) 1851-1852, 1852-05-05
mo. 43)

ceiyer of tie State Land Office at De-
tance, to regulate the sale Of lands at
said Office, and to create the Office Of
Land Commissioner.
SEC. !. Be it enacted by the Genral
Assembly of the State of Ohio, That the
officers of Register and Receiver Of the
State Land Office at Defiance, in this
State, be and the same is hereby abolish
ed; aid Immediately after the passage of
this act, there shall be appointed by the
Governor, by and with the advice and cons
sent OF the Senate, Land Commissioner,
who shall keep an Office at Defiance, a.
foresaid, for the sale of all the lands of
the State, which have heretofore been for
sale at said Land Office, and now remains
unsold.
SEC. 9. That said Land Commissioners
shal! hold his Office for and during the
term Of three years, and until his success
OF shall be appointed and qualified; and
shall have all the powers heretofore pos.
sessed by, and perform all the duties
heretofore enjoyed on both the said Reg
lister and Receiver, according to law; and
before entering upon the discharge of the
duties OF his said Office, the said Land Com
misslonershall enter into bond with three
or more suretes, freeholders of the State of
Ohio,to be approved by the Governor of
this State, payable to the State Of Ohio, in
the sum OF twenty thousand dollars, condi
toned for the paying over according TO
law Of all moneys which may be received
by said Land Commissioner in his official
capacity, and for the faithful discharge
OF all and singular the duties of his said
Office; and il the said Land Commission.
er shall at any time fail togive such bond
with said sunties, or fail in making his
returns and paying over moneys received
by him in his official capacity, as required
by law, his Office shall be considered va.
cant, and it shall be the duty of the Gov
ernor to fill said office by appointment.
with the advice and consent of the Senate.
as prescribed in the first section of this
ac', if the General Assembly shall bs in
session at the time such vacancy occurs;
and il the General Assembly shaI lnot be
in session at such time, then, and in that
case, the Governor shall fill such vacancy
| by the appointment of some person to
hold said Office until the frst session os
the General Assembly succeeding such
appointment, and until his successor is
! appointed and qualified; and the said
Commissioner, appointed under any of
the provisions of this act, before entering
upon the duties Of his said Office, shall
take and subscribe to an oath or affirma.
ton, before competent authority, to dis
charge faithfully and to the best of his
skill and ability, all the duties of said
Office; which oath or affirmation, shall ba
endorsed upon his bond aforesaid.
Sec, 3. That said Land Commissioners
shall receive as compensation for his SER
vices, the sum of three per eentum on
the amount Of all moneys received at
his said Office in payments for lands sold
by him as such Commissioner.
SEC. A. That the Register and Reeeis-
Ell Of the State land Office at Defiance, OF
this time acting, shall deliver over all the
books, papers, and other property belong.
ing to their respective offices, to such per-
son as may be appointed Land Commits
sioner, under this act.
Sec. 5. That any person / Kidding the
Office of Commissioner, shallrc purchase,
or enter, or be in any maune I: ncerned.
either as principle or agent iectly or
indirectly, IN the purchase or Entry Of any
| lands subject to sale or entry. in said State
Land Office; and any Commissioner VIC.
lating the provisions of ibis section, shall
for every such offence, forfeit and pay
the sum Of two hundred dollars, to be re-
covered by action Of debt, in the name Of
the State Ohio, which action shall be
brought in the county wherin said land
Office is situate; and the amount recovered
in said action shall be paid into the State
treasury, by the Prosecuting Attorney Of
such county; and it is hereby made the
duty of such Prosecuting Attorney. 70
| prosecute in behalfof the State, ali aetions
under the provisions of this section, for
which service he shall be allowed rea.
souaole compensation, to be audited and
allowed by the auditor OF State, and paid
out Of the money recovered in such aa.
ton or actions.
SEC. 9. That said lands shall be sold
to any person not an actual settler, ma.
king the oathas hereafter provided, attha
appraised value thereof, heretofore made.
or heretter to be made. la pursuance u
law.
SEC. Z. That said lands shall be sold
to actual settlers, at fifty per cent, below
their appraised value; Provided, that any
applicant who applies to purchase or an
ter any of said lands at said reduction.
shall, before any certificate or other ayi-
dence of purchase or entry is issued te
| him or her by said Commissioner, make
and subscribe an affidavit that ii is bona-
| fed his or her intention, within twelve
months from and after said purchase, to
enter upon and improve the tract so pur.
| chased, and that he or she has not made
said purchase for the purpose Of specula.
ton merely, but for the purpose Of secu-
ring a home for himself or herself aud
family; which affidavit shall be preserved
by the Commissioner aforesaid, with the
records of his Office.
EEc. 8. That the affidait required bv
the foregoing section may be made and
subscribed before said Commissioner, who
is hereby authorized 10 administer oaths
in such case, or before any officer having
by law general authority to administer
oaths, for administering which oath ~
fee shall be charged by said Commissi
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