The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1852-05-05
Number T..

interested reeholders, not resident OF the
township in which the land may be situate,
to divide and value the same in money.
SEC. S. If such court shall be satisfied
that the statements made in the petition
are true, the court shall appoint three per-
sons to divide and appraise the same, &C.
cording to the prayer OF such petitions; and
said appraisers. after being first duly sworn
before some officer authorized to adminiss
ter oaths, and taking TO their aid, it they
think necessary. the county surveyor, shall
proceed to divide said lands into such
parcels or tracts, as'in their opinion will
be best for the sale thereof. and return in
writing such divisions, suitably numbered
and described. to the said court, with a
| lust valuation Of each separate division. in
money. g1e.y
SEC. 6. The court, on such return being
made, and having been by said court ex-
amined. and found in all things regular,
| just and fair, shall certify the same, and
order the same to be entered of record, to- !
gether with the petition. and all the pro-,
ceedings therein had; copy Of which the
trustees shall cause to be filed in the Office
of the auditor of the proper county, who
shall copy the same into the book contain.
ing the notice, affidavit and poll book,
aforesaid, and Immediately following the
same.
SEC. 7. The auditor of the county, on
the recording of said proceedings, shall
forthwith cause a notice TO be published,
in some newspaper of general circulation
in said county, for six consecutive weeks,
before the day of sale; and, at the said
time, by posting up copies of such notice,
in six OF the most public places in said
county. two of which shall be in the town.
ship where the lands are situate, and one
at the court house, containing descrip-
ton OF the lots or lands to be sold, the VAL
alton thereof. and the time when said lands
shall be offered at public auction, by said
auditor, at the door Of the court house, at
not less than the appraised value thereof;
one twelfth of the purchase money to be
paid at the time of sale, and the balance in
eleven annual installments of equal e.
mount, with annual interest thereon; and
said auditor shall, at such time and place,
proceed to offer the same to the highest
bidder, at or over the appraisement, and
| on the terms stated in said notice. 7
Sec. 8. In case said lands, or any part
thereof, shall not be sold, as aforesaid, the
auditor may continue to offer the same, on
the application in writing, of the trustees
of the township 10 which said lands may
belong. at any future time or times, until
they shall be sold, having first given the
like notices herein provided. TO be given,
on the first sale thereof Provided, that no
sale shall be had on any valuation made
more than two years prior to the day Of the
sale.
Sec. 9. The court Of common pleas
aforesaid. is hereby required, on the petit
ton of the trustees aforesaid, setting forth
the former appraisement, and the subse.
quent proceedings thereto. and that two
years have elapsed since, and the land re-.
naming unsold, to direct new valuation
Of the same, 10 be made in the manner
hereinbetore directed. unless said court,
on Testimony, shall be satisfied that the
former appraisement is just and fair val
uaton of said lands; in that case, the court
shall make an entry Of the fact, which en-
try shall be certified 10. and recorded by
the auditor, in manner aforesaid, and shall
have the same effect as new appraise-
ment.
Sec. TO- In case said lands are held un.
der permanent leases, or leases for ninety
nine years, the legal or equitable holder
Of any such lease, wishing to surrender
the same. and to purchase the fee Of the
premises so held by lease, may. with the
consent Of the trustees ofthe original town.
ship to which said lands belong, file his
petition in the court of common pleas Of
the county in which the largest portion Of
such lands are situate, setting forth de-
scrption of the premises so held, the state
of his lease, or his title thereto, that he 10
desirous Of surrendering such lease. and
becoming the owner OF the premises in fee,
and asking the court to appoint three dis.
interested feeholders Of the county, and
not resident Of the township wherein such
lands are situate, TO value the same; and
the court, on being satisfied oi the truth Of
the facts sci forth in such petition. shall
| appoint such appraisers, who shall pro-
ceed under oath, to make just valuation
Of the premises in money, without refer
ence to the improvements made thereon,
under and by reason OF said lease, and
shall return such valuation, in writing, TO
said court; and the said court, if it shall
be satisfied that said valuation is just. shall
confirm the same, and order it, with the
petition and other proceedings therein, To-
be recorded; Provided, that before the
trustees Of any original surveyed township
shall consent to the surrender ofany lease,
as provided in this act, tley shall cause
the proposition to be submitted to the elec-
tors of said township, at an election toebe
held and conducted in conformity TO- the
provisions the second section Of thisact;
and il, at snch election, majority of the