Plymouth advertiser. [volume] (Plymouth, Ohio) 1853-1988, 1854-08-05
Laws sOfOh1o.
PUBLISHED BY AUTHORITY.
AN ACT

Tc abolish the Office Of Commissioner of the State
Land Cfice at Defiance, to provide for the sale
of Lands to actual settlers at said Office, aud
to create the Office of Land Agent.
SEC. l. Be u enacted By The General Assembly
If the StateQf Ohso: sr.-ss
That the Office of Land Commissioner Of the
State Land Office at Defiance, in this State. be,
aud the same is hereby abolished; and immedi-
atoy after the passage of this act there shall be
appointed by the Governor, by and with the ad-
vice and nsent of the Senate, q Land Agent,
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 Office, and
now remaining unsold Also, all lands which
may hereafter, By any law ofCOngress, be ccded
to the State
SEC g That said land agent shall hold his
Office for, and during the term offour years, and
until his successor shall be appointed and quail
fed, unless sooner removed, and shall have all
the powers and perform all the duties heretofore
enjoincd on the commissioner, according to law;
and before entering upon the duties of his said
office, the said land agent shall enter into bond,
with three or more sureties, freeholders of the
State of Ohio. to be approved by the Governor,
payable to the State of Ohio. in the sum oftwen-
ty-fve thousand dollars, conditioned for the pay
ing over all moneys which may be received by
said land agent, in his official capacity, and for
the faithful discharge of all and singular the du-
ties of his said Office and if the said laod agent
shall at any time fail to give such bond, with
said srreties, or shall fail in making his returns
and paying over all moneys received by him in
his offic u capacity, as required bylaw, his office
shall be declared vacant andit shall be the duty
of the Governor to fill said vacancy, by ap-
pointment, with the advice and consent of the
Senate, as prescribed in the first section of this
act, if the General Assembly shall be in ses-
sion at the time such vacancy shall occur; and
| if the General Assembly shall not be in session
| at such time then, and in that case, the Gov
crnor shall fill such vacancy, by the appoint
| ment of some person to hold said Office until the
| first session of the General Assembly succeed
ing such appointment and until his successor
is appon cd and qualified; and the said agent,
appointed under any Of the provisions of this
act, before entering upon the duties of his said
Office shall take and subscribe to an oath or af-
| frmation, before competent authority, to dis
charge faithfully, and to the best of his skill
and ability, all the duties of said office which
oath or affirmation, shall be endorsed upon his
bond, as aforesaid.
Sec. 3. That said land agent shall receive, as
n compensation for his services, the sum of
| three per centum on the amount of moneys re-
ceiyed at his said office, in payment Of lands
sold by him as said agent.
Sec. 4. That the Land Commissioner of the
State Land Office, at this time acting shall de-
liver over all the books, papers, and all other
property belonging to his office, to such person
as may be appointed land agent under this act.
Sec. 5. That any person hold 6 the office of
land agent, shall not purchase, or enter, or be
| in any manner interested, either directly or in
directly, by himself, agent, or clerk, or any
other person whatever, in the purchase of any
lands belonging TO the state, or which may
hereafter be ceded to the state, and subject to
sale at the office of which he is the agent !; and
any land agent here after appointed, agreeably
to the provisions of this act violating any of the
provisions of the same, shall, for every such Of
fence, forfeit and pay the sum of one thousand
dollars, be removed from Office, upon proof
thereof being made to the Governor, whose tlu-
ty it shall be forthwith to remove said agent :
that the fine shall be recovered by civil action,
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
i'd action shall be paid into the state treasury
by the prosecuting attorney of such county !;
and it is hereby made the duty of such prose-
cutting attorney of such county, to prosecute in
behalf of the state, all actions under the pro-
visions of this section, for which service he
shall be allowed reasonable eompensat ton, to
be audited and allowed by the Auditor of State,
and paid out of the money recovered in such
actions
, Sec. 6. That said land shall be sold to actual
settlers only, at seventy five per cent below the
appraised value respectively; Provided, that
!, any person who applies to purchase, for actual
settlement, any Of said land, at said reduction,
shall, before any certificate, or other evidence
of purchase or entry, is issued to him or her
: by said land agent, make and subscribe an aft
dayit that it is, bona fide his or her intention
to enter upon and improve the said tract so pur.
I chased, within twelve months from and after
: said purchase, and that he or she has not made
said purchase for the purpose Of specula
ton, but for the purpose of procuring q
, home for himself, or herself and family
and that he or she is not the owner oi
= any other lot or tract of land whatever
which affidavit shall be witnessed by the
s land agent, and preserved by. him with
: the records of his office and no person
who may applyto purchase, shall be per-
. nitted to purchase more than one quar-
ter of section of land, as foresaid.
Sec. 7. That so soon as the purchaser
/ shall actually reside upon the tract by
him or her purchased, at any time not ex
ceeding exceeding eighteen months from
the date of such purchase, and prove ,c
tbs satisfaction Of the land agent, the fact
of his or her residence upon such tract.
} 1t shall be the duty of the land agent to
certify the same to the Governor, and
3 upon the receipt of such certificate o
pro o., that the purchaser does actually
4 res de upon his or her tract, so purchased
f las aforesaid, il shall be the duty of tht
r Gov ernor 10 issue, or cause to be ISSUED
$ and delivered, deed for the traci 81
purchased. a@' #s4qa
| Sec. 8. That the afidavits required tt
be made by this act, may be made ant
subscribed before the agent, who is here
. by authorized to administer oaths ir sucI
case; or before any officer having b,