The Ohio union. [volume] (Ashland, Ohio) 1849-1854, 1852-05-26
Iama of Gbiu.
PUBLISHED BYAUTHoRIrY.1
{ No. 43.7

Receiver
ofthe State Land Office at Defiance to rugulate tht
sale of lands at said Office, and to create the Ofce
Of Land Commissioner
SEC. l. BE enacted 6y the General
.Assemdiy Of the State of Ohio, Tha
the offices Register and Receiver of The
State Land Office at Defiance, in thi.
State, be and The same is hereby abolished
and Immediately after the passage of this
act. there shall be appointed by the Gov.
ernor, by and with the advice and consent
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 Office, and now remains unsold.
SEC. Q. That said Land Commissioner
shall hold his Office for and during the
term Of three years, and until his success.
or shall be appointed and qualifed and
shall have all the powers heretofore pos.
sessed by, and perform all the duties here.
lolore enjoined on both the said Register
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 surilies, freehoIders of
the State of Ohio, TO be approved by the
Governor of this State, payable 10 the
State ol Ohio, in The sum of twenty thou.
sand dollars, conditioned for the paying
over, according 10 law, of all moneys
which may be received by said Land Com
missioner in his official capacity, and for
the faithful discharge of all and singular
the duties Of his said office; and if the said
Land Commissioner shall at any time fail
10 give such bond with said suriIies, or fail
in making his returns and paying over
moneys received by him in his official ca
pacily, as required by law, his office shall
be considered vacant, and i! shall be the
duty of the Governor 10 ill said Office BY
appointment, with The advice and consent
OF The Senate, ss prescribed by the first
section of this act, il the General Assembly
shall be in session at time such vacancy
occurs; and if the General Assembly shall
not be in session at such time, then and in
that case, The Governor shall Gil such va
cancy by the appointment Of some person
to hold said Office until the first session of
the General Assembly succeeding such
appointment, and until his successor is ap.
pointed and qualified; and The said Com.
missioner. appointed under any of the pro-
visions of this act, before entering upon the
duties of his said Office, shall take and
subscribe 10 an oath or affirmation, before
competent authority, TO discharge faithfully
and TO the best of his skill and ability, all
the duties Of said office; which oath or af.
6rmation shall be endorsed upon his bond
aforesaid.
SEC. 3. That said Land Commissioner
shall receive as a compensation for his
services, the sum of three per centum on
the amour, 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 belong.
ing 10 their respective Offices, 10 such per.
son as may be appointed Land Commits.
sioner 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 principal Or agent, directly or in
directly, 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 this section, shall,
for every such offence, forfeit and pay the
sum oftwo hundred dollars, 10 be recover
ed by action of debt, in The name of the
State Of Ohio, which action shall be
brought in the county wherein said Land
Office is siuated and the amount recover
ed in said action shall be paid into the
State Treasury, by the Prosecuting Auor-
ney, of such county; and it is hereby
made the duty Of such Prosecuting Aror.
ney, 10 prosecute, in behalf of The State, all
actions under the provisions of this sec
ton, for which service he shall be allowed
reasonable compensation, TO be audited
and allowed by the Auditor of State, and
paid out Of the moneys recovered in sucl
action or actions.
SEC. 6. That said land shall be sold I;
any person not an actual settler. maxim!
the oath as hereinafter provided, at th,
appraised value thereof heretofore made
or hereafter 10 be made, in pursuance o
law.
SEC. Z. That said land shall be sold tc
actual settlers atfiily per cent. below thei
appraised value; Provided, that any ap
plicant who applies to purchase or enle
any Of said lands at said reduction, shall
before any certificate or other evidence o
purchase or entry is issued 10 him or he
BY said commissioner, make and subscrib
an affidavit that il is bona fde his or he
intention, within twelve months from an,
after said purchase TO enter upon and i'm
prove the tract so purchased, and tina, h
or she has not made said purchase for tn
purpose ofspeculaIon merely bu, for tn
purpose of securing home for himself q
herself and family: which affidavit shal
be preserved by the commissioner afore
said, with the records of his office.
SEC. 8. That the affidavit required b,
the foregoing section, may be made an,
subscribed before said commissioner, (wb,
is hereby authorized to administer oath
in such case, or before any officer havin
by law a general authority 10 administe
oalhs; for administering which oath, n
fee shall be charged by said commission
er.
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