Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1852-05-20


sureties, freeholders Of tie State Of Ohio, to be
approved by the Governor Of this State, paya-
bic to the State Of Ohio. in the sum oil twenty
thousand dollars. conditioned for the paying
over according to law of all moneys whien may
ne received bT said Land Commissioner IN his
official capacity, and for the faithful disenarge
N .lI and singular the duties of his said ofhee;
md If tbe said Land Commissioner shall at
,nv time fail TO give such bond with said sure !
ties. o. fail in making his returns and paying !
over moneys received by him in his official ca
paeity, as required by law, his Office shall be
considered vacant, and it shall De the duty Of
the Governor to i'll said Office by appointment,
with the advice and consent Of the Senate. as
prescribed in the first section Of this act, II the
General Assembly shall be in session at the
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 ill
such vacancy by the appointment of some per-
son to hold said Office until the first session Of
the General Assembly succeeding such appoint
ment. and until his successor is appointed and
qualified: and the said Commissioners, ap
pointed under any of the provisions of this act,
before entering upon the duties Of his said OIL
fee, shall take and subscribe TO an oath or al
hrmation. before competent authority, to dis
charge faithfully and 70 the best of his skill
and ability, all the duties of said Office; which
oath or affirmation, shall be endorsed upon his
bond Aforesaid.
Sec, 8. That seid Land Commission
er shall receive as a compensation for
his services, the sum of three per CEN
tum on the amount of all moneys re-
ceived at his said office in payments Tor
lands sold by him as such Commission
er.
Sec. 4. That the Register and Re-
ceiver of the State land Office at Def
ance, at this time acting, shall deliver
over all the books, papers, and other
property belonging to their respective
offices, 10 such person as may be aP-
pointed Land Commissioner, under this
act.
Sec 5. That any person holding the
Office of Commissioner, shall not pur-
chase, or enter, or be in any manner
concerned, either as principal or agent.
directly or indirectly. in the purchase or
entry of any lands subjectto sale or en-
try. in said State Land Office; and any
Commissioner violating the provisions
of this section, shall, for every such Of
fence. forfeit and pay the sum of two
hundred dollars, TO be recovered by ac-
lion of debt, in the name of the State of
Ohio. which action shall be brought in
the county wherein 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,
to prosecute in behalf of the State, all
actions under the provisions of this Sec
ton, for which service he shall be al
lowed a reasonable compensation, to be
audited and allowed by the auditor of
State, and paid out of the money recov-
cred in such action or actions.
Sec. 6. That said lands shall be sold
TO any person not an actual settler, ma
king the oath as hereinafter provided, at
the appraised value thereof, heretofore
made. or hereafter 10 be made, in pur-
suance of law.
Sec, 7. That said lands shall be sold
TO actual settlers, at fifty per cent. be-
low their appraised value; Provided, that
anv applicant who applies to purchase
or enter any of said lands at said reduc-
ton, shall, before any certificate or 9TH
er evidence of purchase or entry is is
sued TO him or her by said Commission
er. make and subscribe an affidavit, that
If is bona fde his or her intention, with
in twelve months from and after said
purchase, to enter upon and improve the
tract so purchased, and that he or she
has not made said purchase for the pur-
pose of speculation merely, but for the
purpose of securing home for himself
or herself and family; which affidavit
shall be preserved by the Commissioner
aforesaid, with the records of his office
Sec. 8. That the affidavit required by
the foregoing section, may be made ant
subscribed before said Commissioners
Cwho is hereby authorized to administer
oaths in such case or before am officel
having by law a general authority to ad
minister oaths; for administering which
oath no fee shall be charged by saiC
Commissioner,
Sec. 9. That no deed of conveyanc,
from the state TO said purchaser. shal
be made and delivered, until such pur
chaser shall have actually entered upoI
and commenced improving the tract o
land for which he or she holds certifi
: cate of purchase; and if any purchase
shall refuse or neglect, within twelve
months from and after the date of his o
her certificate of purchase, TO enter upol
and improve the tract so purchased, thel
and in that case, such tract of land shal
be forfeited, and shall revert to III
$ State; Provided, however, that in cas-
r of the death Of any such purchaser be
,, fore the expiration of twelve month
from the date of such purchase, the dee
Of conveyance from the state may issu
to his or her legal heirs, without furthe
improvement upon the tract.
Sec. 10. That all lands not at thi
t time sold or for sale at the State Ian
d Office aforesaid, the title 10 which ma
hereafter be confirmed TO the State {
+. Ohio by the government of the Unite
; States, or proper department lhereo
under the several acts of Congress gram
ing lands TO the state of Ohio or Indiana
for canal purposes, shall be first offere
by said Commissioner at public sale, j