Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-05-06

situated, with copy of the notice gwen, AM
the affidavit Of one or more Of the trustees
stating the manner Of giving said notices, th,
time and place Of putting up the same whicl
notices, affidavit, and poll book, shall be by SAT-
auditor copied into book for that purpose Z,
be provided, and when so recorded, such recor.
shall be proof Of The facts therein stated.
Sec. 4. When such record has been made, tn,
trustees Of such tow nship, to which said land,
belong, shall file petition in the court of com
mon pleas of the county within which SAID
lands Tor the greater portion Of them) may be
situate. set ing forth the giving of said notice
the taking Of said ballot the result Of the same,
the filing and recording of the aforesaid papers
in the cfice Of the auditor nf the proper e7uu.
ty, and asking the court to appoint three dis
interested freeholders, not resident Of The
township in which The land may be situate, to
divide and value the same in money.
Sec. 5. II such court shall be satisfied thai
the statements made in the petition are true,
the couri shall appoint three persons to divide
and appraise the san e, according 10 the prayer
# such petition; and said appraisers after be-
iIg hr=t duly sworn before some officer author
lied 10 administer oaihs. and tnking To their
aid, if they think necessary, the county survey
or, shall proceed 10 divide said lands into such
P"'Ncis VI iuAANf % w iIclT uptulpn VIII Uc
best for the sale thereof, and return in wriiing
such divisions, suitably numbered and de
scribsd, 10 The said court, with lust valuation
Of earh separate division, in money.
Sec. 6. The eouri, on such return being
made, and having been by said court examined
and found in all things regular, just aud fair,
hall certify the same. aud order The same 90
he entered Of record. together with the petition,
and all the proceedings therein had; a copy Of
which the t'ustees shall rnuse 10 b. fled in
the Office Of the auditor nf the proper county,
who shall copy The same into ihe hn cont am
ing the notice, afhdavii anf pnll bOsk, aforesaid,
and immediately following the same
Sc 7. The auditor Of the county, on the
recording Of said proceedings, shall iorthwith
cause a notice 10 be published. in some ne IS
paper Of general circulation in said oounty,
for six consecutive weeks. before the day Of
sale; and, at the said time, by pnsfin. up cop
les Of such notice. in six Of the most public
places in said county, two OF which shall be in
the township where the lands are situate, and
one at the court house, containing descrip-
tion Of the lots or lands to be sold, the valua-
tion thereof. and the time when said lands
shall be offered at public auction, by said au-
ditor, at the door Of the court house. at not less
than the appraised value thereof; one twelfth
Of the purchase money 10 be paid at The time
OF sale, and the balance in eleven annual In-
stallments Of equal amount, with annual in
terest thereon; and said auditor shall. at such
time and place, proceed 10 offer the same 10 he
highest bidder, at or over the apprnisement, and
on the terms stated in said notice.
Sec. Z. In case said lands or any part there
Of, shall not be sold, as Aforesaid, The auditor
may continue 10 offer the same, on he uppli
Gallon in writing. Of the trustees 0f the town
ship To which said lands may belong at any
future tune or times, until they shall be snId.
having first given the like notices herein pro-
Wded, TO be given on the first sale thereof,
Provided, that m sale shall be had on any val
uatIon made more than two years prior 10 the
day Of The sale.
Sec. 9. The court of common pleas aforesaid.
is hereby required, on the petition Of the
trustees aforesaid, setting forth the former ap-
praisement, and the subsequent proceedings
thereto, and that two years have elapsed since.
and the land remaining unsnd, IN direct n new
valuation OF the same, 10 be made in The man
ner hereinbefnre directed, unless said court, on
testimony, shall be satisfied that the former
sppraisement is just aud fair valuation Of
said lands; in that case the court shall make
nm entry Of the fact, which entry shall be GER
tined to, and recorded by The auditor, in The
manner Aforesaid, and shall have the same effect
as a new appraisement
Sec. 10. In case said lands are held under
permanent lease, or leases. for ninety nine
years, the legal or equitable holder OF any such
lease, wishing 10 surrender the same, and to
purchase the fee Of the premises so held by
lease, may, with The consent of the trustees Of
the original township 10 which such lands be-
long. file his petition in the court Of common
please Of The county in which the largest por-
tion Of such lands are situate, setting for b a
description OF the pr emises so held the state Of
his lease, his title thereto, that he is desrous
Of surrendering such lease, and becoming the
owner Of the premises in fee, and asking the
rourt to appoint three disinieIested freeholders
nf the county, and { resident Of the town
ship wherein such lands nre situate, TO value
the same; and the court, on being satisfied OF
The truth Of the facts set forth in such petition,
shall appoint such appraisers, who shall proceed,
under oath, to make n just valuation OF the
premises IN money. without refer nee 10 the
improvements m1de thereon, under and by
reason of said lease. aud shall return such va
uation in writing, 10 said court; and the said
court If IT shall be satisfied that said valuation
is just, shall confirm the same, and order il,
with the petition and other proceedings there
in, 10 be recorded; Provided, that before the
trustees ANY original surveyed township shall
rnnsent 10 the surrender Of aay lrase, as pro-
vided in this act, they shall cause the PROPOSE
lion TO be submitted TO the electors Of said
township, al an election IN be held and con 1
Quoted in conformity 20 the provisions Of the ]
second section ofihs act: and il, at such cleo !
tinn, a majority OF the electors shall vote for
such surrender. then. and not ot4erwise. said
shalf consent n The sf,rrandar in /
ner ann form as herein provided.
Sec. y. Any such lessee. on producing tn !
ihe auditor Of the proper county. within one /
rear sffer making the SANE, certified enpy Of
such petition and apprasement. and confrma-
lion shall he permitted. b, Endorsement there /
'n, atiesied bv The auditor. TO release to the
tate OF Ohio all his interest. title and claim,
n and 10 such lease. for the bsnrfit nf the town
hip TO .shieh the same may belong: which rer-
flied cnDy OF said record aud said rrlelse. shall 4
n recorded in book for that purpose 10 be
-ovI led.
Sec. u The purchaser Of anv such lands, at
ny auditors sale, or the lesse Of any such land
eld undfr such ieasee. on executing his release
s Aforesaid. shall each. forthwith. pay To The
reasurer Of the county, one-txelfih Of the pur.
hase money in the first case, and one-fwelfth
{ the valuation in the second, and take the
receipt therefor; and the auditor on
eceiving the treasurer's receipt for said first
nstallment, shall give 70 said purchaser or
sssee certificate containing the name Of the
urchaser or lessee, a description Of the premI-
es, the number. amount and time Of payment
the subsequent installments, aud that said
urehaser or lessee, their heirs or assigns, on
he punetual payment of the sums still due,
nth annual interest up 10 the time Of paw. (