Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1852-06-11

htno tucn vacancy occurs and u the General
Assembly shall not DO 10 session a such time,
'heu, and in that ease, Ibe Governor shalI Ill
such vacancy BY the sppoinlmvBI Of some per.
500 10 hold said Office mil The first session Of
the General Assembly succeeding such appoint.
Ineni, and until bis successor s appointed and
qualified; and The said Commissioner appointed
under sny OF the provisions Of this set. before
entering upon The duIes Of his said Office, shall
take and subscribe 10 an oath or affirmation, be.
fofe competent authority, 70 discharge faithful.
y aud 10 the best Of his skill and ability ell the
duties Of said Office; which oath or affirmation,
shall be endorsed upon his bpnd aforesaid.
Sec. 3. That said Land Commissioner shall
reesiVe rs a compensation fOr bis services, the
sum Of three per cenIum on The amount Of all
moneys received at his said Office 10 payment
Of lands sold by bin a. such Commissioner.
Sec. 4. That the Register aud Receiver OF
the State land Office OF Defiance. at this time
acting. shall deliver over all the books. papers,
and OIher properly belonging 10 their respective
offices, TO such person as may be appointed
Land Commissioner, under this act.
Sec. s. That any person holding the Office
OF Commissioner, shall not purchase. or enItr
OF be in any manner concerned, either as pFin.
cipal or sgeni, directly or INDIRECTLY, 10 The pur
chase or enHy Of any lands subject 10 sale or
entry, in said State Land office; and any Com
missioner violating the provisions Of Ihis sec.
lion, shall, for every such Ldcnce, forfeit and
pay the sum Of Two hundred dollars, TO be- "a.
covered by action Of debt, in The name Of the
Sale Of Ohio which action shall be brought 10
the county wherein said land office is sIluale;
al tha t.,s said .k.lt ~
paid into the state treasury, by The Prosecuting
Attorney Of such county; aud il is hereby made
the duty Of such Prosecuting Attorney. to pros.
ecuIe in behalf o! the STATE. all actions under
The provisions Of this section, foT which service
he shall be allowed reasonable compensation,
10 be audiIed and allowed by the audnor Of
state, and paid out Of the mUney recovered 10
such action or actions.
Sec. 6. That said lands shall be sold 10 any
person not an aciual seIIler, making the oath
as hereinafter provided, al the appraised value
thereof, heretofore made, or hereafter 10 be
made, in pursuance Of law.
Sec. 7. That sald lands shall be soil 10 &C.
lual seucrs, aI fifty per cenI below their ap.
praised yau,; Provld,d, that auy applicant. who
applies to purchase or enter any Of said lands
At said reduction, shall before Ouy certificate or
oIher evidence Of purchase or eDry is issued TO
him or her by said Commissioner. make and
subscribe an affidavit, that Il Is bona fde his or
her intention, within Twelve months from and
after said purchase IL enter upon aud improve
the tract so purchased, aud that he or she has
not made said purchase Tor lhe purpose Of spec.
ulution merely, but for The purpose OF securing
home for himself or helseIl and family; which
affidavit shall be preserved by The Commission.
er aforesaid, with The records Of his office.
Sec. 0. That the aIliI required by The
foregoing section, may be made aud subscribed
before said commissioner, (who is hereby au.
Ihorized 10 administer oaIhs 10 such case.) or
before any other officer having BY law a gener.
al authority TO administer oaIhs, Tor administer.
/ ing which oa.h, no fee shall be charged by said
Commissioner.
Sec. g. That no deed of conveyance from
the state TO said purchaser. shall be- made aL1
delivered until such purchaser shall have acIu.
ally entered upon and commenced improving
The tract of land for which he or she holds u
certificate Of purchase; and il any purchaser
shall refuse or neglect, within Twelve months
frum and after the date Of his or her certificate
Of purchase, 10 enter upon and improve the
tract so purchased, then and IN that case. such
tract Of land shall be (urleiIed, and shall revert
to The state; Provided, however. that IN case Of
the death Of any such purchaser before The ex.
prali0n Of twelve months from The date Of such
purchase, the deed Of conveyance from the
state may issue to his or her legal heirs, with.
OuI further improvement upon The TucI.
Sec. 10. That all lands aot at this time
sold or for sale at The Safe Laud Office alore.
said, the inle 10 which may hereafter be con.
frmed TO The State Of Ohio by The governmen.
Of the United States, Or proper department
thereof, under The several acts OF Congress
granting land to The SIaIe Of Ohio or Indiana.
for canal purposes. shall be first offered by said
Commissioner at public sale, in sUch manner as
the auditor Of sIhIe may diFccG after which, all
lands offered ei such sale and not snd. shall be
subject IN entry under the provisions Of this ac..
Sec. IL. The said Land Commissioner shall
make return Of his sales Of The lands sold by
him as such Commissioner. and pay over 10 The
treasurer Of state all moneys 10 his hands the
proceeds Of such sales, and fully seIIle with The
auditor Of state, as often as once in three months,
and al sGch times o(ener lhan three months as
the audiIor OF STATE may dlrecG and The ssid
Commissioner shall be governed by the insIruc'
,ions of the auditor Of state, in relation 10 The
time and manner Of paying over such moneys.
making returns, and seuling with said auditor,
and keeping the books Of his rffice.
Sec. l2. Tha, the act passed February Bib,
I847, entitled An act to establish The f!ce oi
the Miami, Wabash and Ere an1 Ohio canal
lands, and 10 secure their sale actual settlers,
and The act amenda,ory thereto, passed March
esd, A. d. 1850, Le, aud The same are hereby
repealed.
Sec. I3. That The appraisement of all lands
now subjec. to entry or sale a. said State Land
Office al Defiance, which have been heretofore
appraised 10 pursuance of law, at more Than Two
dollars per acre, is hereby reduced to the sum
of TWO dollars per acre; and such lands shall